Prosecution Insights
Last updated: July 17, 2026
Application No. 18/049,661

FILM FORMING METHOD AND FILM FORMING APPARATUS

Final Rejection §102§103
Filed
Oct 26, 2022
Priority
Nov 01, 2021 — JP 2021-179003
Examiner
NETTLES, CORALIE ANN
Art Unit
2893
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Tokyo Electron Limited
OA Round
4 (Final)
68%
Grant Probability
Favorable
5-6
OA Rounds
0m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 68% — above average
68%
Career Allowance Rate
23 granted / 34 resolved
At TC average
Strong +32% interview lift
Without
With
+31.7%
Interview Lift
resolved cases with interview
Typical timeline
3y 4m
Avg Prosecution
38 currently pending
Career history
87
Total Applications
across all art units

Statute-Specific Performance

§103
93.3%
+53.3% vs TC avg
§102
3.8%
-36.2% vs TC avg
§112
3.0%
-37.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 34 resolved cases

Office Action

§102 §103
DETAILED ACTION Notice of Pre-AIA or AIA Status The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Response to Amendment This Office Action is in response to Applicant's amendments filed March 10, 2026. Claims 1, and 9-10 have been amended. No claims have been added. No claims have been canceled. Currently, claims 1-19 are pending. Response to Arguments Applicant’s arguments with respect to claims 1 and 9 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Claim Rejections - 35 USC § 102 The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – (a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention. Claims 1 and 9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Matz et al. (US 20110027960 A1) herein after “Matz”. Regarding claim 1, Figs. 4A and 4C of Matz disclose a method of forming a crystalline structure film (Fig. 4C, strontium titanate (STO) layer 440, ¶ [0034]) containing strontium, titanium, and oxygen on a substrate (4C, substrate 403, ¶ [0019]), the method comprising: forming an amorphous structure film (Fig. 4A, strontium oxide (SrO) film 410, ¶ [0020]) on a surface of a titanium nitride film (Fig. 4A, “first conductive layer 405 may be a material such as titanium nitride (TiN)”, ¶ [0019]) formed on a surface of the substrate (403), the amorphous structure film (410) containing strontium and oxygen and not containing titanium; and obtaining a crystalline structure film (“the crystallization of the strontium titanate film”, ¶ [0035]) containing strontium, titanium and oxygen and containing titanium diffused from the titanium nitride film (405) by heating the substrate (403) (The instant application discloses that the diffusion of titanium from the TiN film into the SrO film occurs “due to a difference in concentration of titanium” and can be improved by heat treating the wafer, see ¶ [0059] of the instant application. Matz discloses SrO films deposited on a TiN film and performing heat treatment on the wafer using the same conditions as the instant application, see ¶ [0034] and claim 21 of Matz. Therefore, there would inherently be some diffusion of titanium from the TiN layer into the SrO layer), on which the amorphous structure film (410) is formed, at a temperature of 500 degrees C or higher (“the annealing may be at a temperature in the approximate range of 550.degree. C. and 700.degree. C., and more particularly at a temperature of approximately 600.degree. C. and 650.degree”, ¶ [0034]). Regarding claim 9, Matz discloses an apparatus for forming a crystalline structure film (440) containing strontium, titanium, and oxygen on a substrate (403), comprising: a film forming part (“a strontium oxide (SrO) film 410 may then be deposited over the first conductive layer 405 at block 102”, ¶ [0020]) configured to form an amorphous structure film (410) on a surface of a titanium nitride film (405) formed on a surface of the substrate (403), the amorphous structure film (410) containing strontium and oxygen and not containing titanium; and a heat treatment part (“the plurality of SrO unit films (film stack 410) and the plurality of TiO.sub.2 unit films (film stack 420) are annealed to form a strontium titanate (STO) layer 440”, ¶ [0034]) configured to obtain a crystalline structure film (440) containing strontium, titanium and oxygen and containing titanium diffused from the titanium nitride film (405) by heating the substrate (403) (The instant application discloses that the diffusion of titanium from the TiN films into the SrO film occurs “due to a difference in concentration of titanium” and can be improved by heat treating the wafer, see ¶ [0059] of the instant application. Matz discloses SrO films deposited on a TiN film and performing heat treatment on the wafer using the same conditions as the instant application, see ¶ [0034] and claim 21 of Matz. Therefore, there would inherently be some diffusion of titanium from the TiN layer into the SrO layer), on which the amorphous structure film (410) is formed, at a temperature of 500 degrees C or higher (“the annealing may be at a temperature in the approximate range of 550.degree. C. and 700.degree. C., and more particularly at a temperature of approximately 600.degree. C. and 650.degree”, ¶ [0034]). Claim Rejections - 35 USC § 103 The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action: A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made. Claims 2, 4, and 18-19 are rejected under 35 U.S.C. 103 as being unpatentable over Matz (US 20110027960 A1) in view of Kiyomura et al. (JP 2012174707 A) herein after “Kiyomura”. Regarding claim 2, Figs. 4A and 4C of Matz disclose the method of claim 1 as applied above, but Matz fails to disclose wherein in the forming the amorphous structure film, the amorphous structure film having a thickness of 2 nm or more is formed, and in the obtaining the crystalline structure film, the crystalline structure film is formed at an interface between the titanium nitride film and the amorphous structure film. In the similar field of endeavor of manufacturing semiconductor devices, Figs. 3-4 of Kiyomura disclose wherein in the forming the amorphous structure film (Fig. 3, amorphous STO film 116, ¶ [0011]), the amorphous structure film (116) having a thickness of 2 nm or more is formed (“the supply time of the source gas during the formation of the amorphous STO film 116 was set to 10 seconds, the purging time was set to 10 seconds, and the film thickness was set to 10 nm”, ¶ [0012]), and in the obtaining the crystalline structure film (Fig. 4, crystalline STO film 116a, ¶ [0015]), the crystalline structure film (116a) is formed at an interface between the titanium nitride film (Fig. 2, titanium nitride film 115, ¶ [0010]) and the amorphous structure film (116). It would have been obvious to one of ordinary skill in the art before the time of the effective filling date of the invention to modify the crystalline structure film of Matz with the thickness as disclosed by Kiyomura, to obtain the desired film properties (see Kiyomura, ¶ [0034]). Regarding claim 4, Figs. 4A and 4C of Matz disclose the method of claim 1 as applied above, but Matz fails to disclose wherein in the forming the amorphous structure film, the amorphous structure film having a thickness in a range of 5 nm or more and 10 nm or less is formed, and in the obtaining the crystalline structure film, the amorphous structure film is converted to the crystalline structure film. In the similar field of endeavor of manufacturing semiconductor devices, Figs. 3-4 of Kiyomura disclose wherein in the forming the amorphous structure film (116), the amorphous structure film (116) having a thickness in a range of 5 nm or more and 10 nm or less is formed (“the supply time of the source gas during the formation of the amorphous STO film 116 was set to 10 seconds, the purging time was set to 10 seconds, and the film thickness was set to 10 nm”, ¶ [0012]), and in the obtaining the crystalline structure film (116a), the amorphous structure film (116) is converted to the crystalline structure film (116a) (“the substrate on which the amorphous STO film 116 was formed was subjected to a heat treatment to crystallize the amorphous STO film 116, thereby forming a crystalline STO film 116a”, ¶ [0015]). It would have been obvious to one of ordinary skill in the art before the time of the effective filling date of the invention to modify the crystalline structure film of Matz with the thickness as disclosed by Kiyomura, to obtain the desired film properties (see Kiyomura, ¶ [0034]). Regarding claim 18, Matz discloses the apparatus of claim 9 as applied above, but Matz fails to disclose wherein in the film forming part, the amorphous structure film having a thickness of 2 nm or more is formed, and wherein in the heat treatment part, the crystalline structure film is formed at an interface between the titanium nitride film and the amorphous structure film by the heat treatment. In the similar field of endeavor of manufacturing semiconductor devices, Kiyomura discloses wherein in the film forming part, the amorphous structure film (116) having a thickness of 2 nm or more is formed (“the supply time of the source gas during the formation of the amorphous STO film 116 was set to 10 seconds, the purging time was set to 10 seconds, and the film thickness was set to 10 nm”, ¶ [0012]), and wherein in the heat treatment part, the crystalline structure film (116a) is formed at an interface between the titanium nitride film (115) and the amorphous structure film (116) by the heat treatment (“the substrate on which the amorphous STO film 116 was formed was subjected to a heat treatment to crystallize the amorphous STO film 116, thereby forming a crystalline STO film 116a”, ¶ [0015]). It would have been obvious to one of ordinary skill in the art before the time of the effective filling date of the invention to modify the crystalline structure film of Matz with the thickness as disclosed by Kiyomura, to obtain the desired film properties (see Kiyomura, ¶ [0034]). Regarding claim 19, Matz discloses the apparatus of claim 9 as applied above, but Matz fails to disclose wherein in the heat treatment part, the amorphous structure film having a thickness in a range of 5 nm or more and 10 nm or less is formed, and wherein in the heat treatment part, the amorphous structure film is converted into the crystalline structure film by the heat treatment. In the similar field of endeavor of manufacturing semiconductor devices, Kiyomura discloses wherein in the heat treatment part, the amorphous structure film (116) having a thickness in a range of 5 nm or more and 10 nm or less is formed (“a 10 nm amorphous STO film were successively formed on a silicon substrate, and then heat treatment”, ¶ [0016]), and wherein in the heat treatment part, the amorphous structure film (116) is converted into the crystalline structure film (116a) by the heat treatment (“the substrate on which the amorphous STO film 116 was formed was subjected to a heat treatment to crystallize the amorphous STO film 116, thereby forming a crystalline STO film 116a”, ¶ [0015]). It would have been obvious to one of ordinary skill in the art before the time of the effective filling date of the invention to modify the crystalline structure film of Matz with the thickness as disclosed by Kiyomura, to obtain the desired film properties (see Kiyomura, ¶ [0034]). Claims 3, and 5-8 are rejected under 35 U.S.C. 103 as being unpatentable over Matz (US 20110027960 A1) and Kiyomura (JP 2012174707 A) in further view of Kawano et al. (US 20110036288 A1) herein after “Kawano”. Regarding claim 3, Matz and Kiyomura together disclose the method of claim 2 as applied above, but Matz and Kiyomura fail to disclose wherein the crystalline structure film has a thickness in a range of 1 nm or more and 5 nm or less. In the similar field of endeavor of Sr--Ti--O-base film formation, Fig. 2C of Kawano discloses wherein the crystalline structure film (203) has a thickness in a range of 1 nm or more and 5 nm or less (“a first Sr--Ti--O film 203 having a thin thickness ranging from about 2 to 10 nm is formed”, ¶ [0049]). It would have been obvious to one of ordinary skill in the art before the time of the effective filling date of the invention to modify the crystalline structure film of Matz with the thickness as disclosed by Kawano, to obtain the desired film properties (see Kawano, ¶ [0059-0060]). Regarding claim 5, Matz and Kiyomura together disclose the method of claim 4 as applied above, but Matz and Kiyomura fail to disclose further comprising: forming an amorphous structure upper layer film containing strontium, titanium, and oxygen on an upper surface of the crystalline structure film after the obtaining the crystalline structure film; and subsequently, converting the amorphous structure upper layer film into the crystalline structure film containing strontium, titanium, and oxygen by heating the substrate on which the amorphous structure upper layer film is formed at a temperature of 500 degrees C or higher. In the similar field of endeavor of Sr--Ti--O-base film formation, Figs. 2B-2E of Kawano disclose comprising: forming an amorphous structure upper layer film (Fig. 2D, second Sr--Ti--O film 204, ¶ [0051]) containing strontium, titanium, and oxygen on an upper surface of the crystalline structure film (203) after the obtaining the crystalline structure film (203) (“a third Sr--Ti--O film 204 substantially not crystallized is formed on the single layer 203”, ¶ [0061]); and subsequently, converting the amorphous structure upper layer film (204) into the crystalline structure film (Fig. 2E, “crystals of the first Sr--Ti--O-based film and the second Sr--Ti--O-based film are connected to each other in a film thickness direction, thereby forming a single (integrated) layer 206”, ¶ [0055]) containing strontium, titanium, and oxygen by heating the substrate (201) on which the amorphous structure upper layer film (204) is formed at a temperature of 500 degrees C or higher (“the second Sr--Ti--O-based film 204 is annealed for crystallization at a temperature preferably ranging from about 500 to 750.degree. C., e.g., about 600.degree. C.”, ¶ [0052]). It would have been obvious to one of ordinary skill in the art before the time of the effective filling date of the invention to modify the method of Kiyomura with the upper layer as disclosed by Kawano, to improve the dielectric constant of the layer (see Kawano, ¶ [0055]). Regarding claim 6, Matz, Kiyomura and Kawano together disclose the method of claim 5 as applied above, But Matz and Kiyomura fail to disclose wherein the amorphous structure upper layer film is formed to have a thickness of 3 nm or more. In the similar field of endeavor of Sr--Ti--O-base film formation, Fig. 2D of Kawano discloses wherein the amorphous structure upper layer film (204) is formed to have a thickness of 3 nm or more (“a second Sr--Ti--O film 204 having a thickness ranging from about 5 to 20 nm is formed”, ¶ [0051]). It would have been obvious to one of ordinary skill in the art before the time of the effective filling date of the invention to modify the method of Kiyomura with the upper layer as disclosed by Kawano, to improve the dielectric constant of the layer (see Kawano, ¶ [0055]). Regarding claim 7, Matz, Kiyomura and Kawano together disclose the method of claim 6 as applied above, But Matz and Kiyomura fail to disclose wherein the amorphous structure upper layer film has a content ratio of titanium to strontium based on the number of atoms in a range of 0.8 or more and 1.2 or less. In the similar field of endeavor of Sr--Ti--O-base film formation, Fig. 2D of Kawano discloses wherein the amorphous structure upper layer film (204) has a content ratio of titanium to strontium based on the number of atoms in a range of 0.8 or more and 1.2 or less (“the second Sr--Ti--O film are formed preferably under the condition in which the film composition, i.e., the Sr/Ti atomic ratio, is greater than or equal to 1”, ¶ [0072]). It would have been obvious to one of ordinary skill in the art before the time of the effective filling date of the invention to modify the method of Kiyomura with the upper layer as disclosed by Kawano, to improve the electrical characteristics (see Kawano, ¶ [0072]). Regarding claim 8, Matz, Kiyomura and Kawano together disclose the method of claim 5 as applied above, But Matz and Kiyomura fail to disclose wherein the amorphous structure upper layer film has a content ratio of titanium to strontium based on the number of atoms in a range of 0.8 or more and 1.2 or less. In the similar field of endeavor of Sr--Ti--O-base film formation, Fig. 2D of Kawano discloses wherein the amorphous structure upper layer film (204) has a content ratio of titanium to strontium based on the number of atoms in a range of 0.8 or more and 1.2 or less (“the second Sr--Ti--O film are formed preferably under the condition in which the film composition, i.e., the Sr/Ti atomic ratio, is greater than or equal to 1”, ¶ [0072]). It would have been obvious to one of ordinary skill in the art before the time of the effective filling date of the invention to modify the method of Kiyomura with the upper layer as disclosed by Kawano, to improve the electrical characteristics (see Kawano, ¶ [0072]). Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Matz (US 20110027960 A1) in view of Kawano (US 20110036288 A1). Regarding claim 10, Matz discloses the apparatus of claim 9 as applied above, and further discloses wherein the film forming part includes: a processing container configured to accommodate the substrate (403) on which the titanium nitride film (405) is formed (“a first conductive layer 405 is formed over a substrate 403”, ¶ [0019]); a first raw material gas supply part configured to supply a strontium raw material gas containing strontium to the processing container (“a strontium (Sr)-containing monolayer is formed by pulsing a Sr precursor over the substrate”, ¶ [0021]); an oxidizing gas supply part configured to supply an oxidizing gas for oxidizing the strontium raw material gas to the processing container (“oxidizing said strontium containing monolayer by pulsing an oxygen containing source over the substrate”, ¶ [0020]), the apparatus further comprising: repeatedly executing: a first cycle that includes supplying the strontium raw material gas from the first raw material gas supply part to the substrate (403) inside the processing container to cause the strontium raw material gas to be adsorbed onto the substrate (403), and subsequently, supplying the oxidizing gas from the oxidizing gas supply part to the substrate (403) to oxidize the strontium raw material gas (“The forming of the SrO film is then repeated to form multiple layers of the SrO film during the ALD supercycle”, ¶ [0025]). Matz fails to explicitly disclose a controller configured to output control signals for repeatedly executing the cycles. In the similar field of endeavor of Sr--Ti--O-base film formation, Fig. 1 of Kawano discloses a controller (Fig. 1, process controller 90, ¶ [0044]) configured to output control signals (Fig. 1, “the process controller 90, programs, i.e., recipes to be used in performing predetermined processes”, ¶ [0045]) for repeatedly executing the cycles (“A cycle of performing the SrO film formation phase of the steps 1 to 4 twice, the TiO film formation phase of the steps 5 to 8 twice”, ¶ [0097]). It would have been obvious to one of ordinary skill in the art before the time of the effective filling date of the invention to modify the apparatus of Kiyomura with the controller as disclosed by Kawano, to allow the cycles to be controlled and changed easily (see Kawano, ¶ [0044-0045]). Claims 11-17 are rejected under 35 U.S.C. 103 as being unpatentable over Matz (US 20110027960 A1) and Kawano (US 20110036288 A1) in further view of Kiyomura (JP 2012174707 A). Regarding claim 11, Matz and Kawano disclose the apparatus of claim 10 as applied above, but Matz and Kawano fail to disclose wherein in the film forming part, the amorphous structure film having a thickness of 2 nm or more is formed, and wherein in the heat treatment part, the crystalline structure film is formed at an interface between the titanium nitride film and the amorphous structure film by the heat treatment. In the similar field of endeavor of manufacturing semiconductor devices, Kiyomura discloses wherein in the film forming part, the amorphous structure film (116) having a thickness of 2 nm or more is formed (“the supply time of the source gas during the formation of the amorphous STO film 116 was set to 10 seconds, the purging time was set to 10 seconds, and the film thickness was set to 10 nm”, ¶ [0012]), and wherein in the heat treatment part, the crystalline structure film (116a) is formed at an interface between the titanium nitride film (115) and the amorphous structure film (116) by the heat treatment (“This suggests that the proportion of titanium in the STO film increases as the intermediate titanium nitride film is incorporated into the STO film during the crystallization heat treatment”, ¶ [0032]). It would have been obvious to one of ordinary skill in the art before the time of the effective filling date of the invention to modify the crystalline structure film of Matz with the thickness as disclosed by Kiyomura, to obtain the desired film properties (see Kiyomura, ¶ [0034]). Regarding claim 12, Matz, Kawano and Kiyomura together disclose the apparatus of claim 11 as applied above, but Matz and Kiyomura fail to disclose wherein the crystalline structure film has a thickness in a range of 1 nm or more and 5 nm or less. In the similar field of endeavor of Sr--Ti--O-base film formation, Fig. 2C of Kawano discloses wherein the crystalline structure film (203) has a thickness in a range of 1 nm or more and 5 nm or less (“a first Sr--Ti--O film 203 having a thin thickness ranging from about 2 to 10 nm is formed”, ¶ [0049]). It would have been obvious to one of ordinary skill in the art before the time of the effective filling date of the invention to modify the crystalline structure film of Kiyomura with the thickness as disclosed by Kawano, to obtain the desired film properties (see Kawano, ¶ [0059-0060]). Regarding claim 13, Matz and Kawano disclose the apparatus of claim 10 as applied above, but Matz and Kawano fail to disclose wherein in the heat treatment part, the amorphous structure film having a thickness in a range of 5 nm or more and 10 nm or less is formed, and wherein in the heat treatment part, the amorphous structure film is converted into the crystalline structure film by the heat treatment. In the similar field of endeavor of manufacturing semiconductor devices, Kiyomura discloses wherein in the heat treatment part, the amorphous structure film (116) having a thickness in a range of 5 nm or more and 10 nm or less is formed (“a 10 nm amorphous STO film were successively formed on a silicon substrate, and then heat treatment”, ¶ [0016]), and wherein in the heat treatment part, the amorphous structure film (116) is converted into the crystalline structure film (116a) by the heat treatment (“the substrate on which the amorphous STO film 116 was formed was subjected to a heat treatment to crystallize the amorphous STO film 116, thereby forming a crystalline STO film 116a”, ¶ [0015]). It would have been obvious to one of ordinary skill in the art before the time of the effective filling date of the invention to modify the crystalline structure film of Matz with the thickness as disclosed by Kiyomura, to obtain the desired film properties (see Kiyomura, ¶ [0034]). Regarding claim 14, Matz, Kawano and Kiyomura together disclose the apparatus of claim 13 as applied above, but Matz and Kiyomura fail to disclose further comprising: an upper layer film forming part configured to form an amorphous structure upper layer film containing strontium, titanium, and oxygen on an upper surface of the crystalline structure film after the heat treatment in the heat treatment part; and an upper layer film heat treatment part configured to perform a heat treatment to convert the amorphous structure upper layer film into the crystalline structure film containing strontium, titanium, and oxygen by heating the substrate, on which the amorphous structure upper layer film is formed, at a temperature of 500 degrees C or higher. In the similar field of endeavor of Sr--Ti--O-base film formation, 2C-2D of Kawano disclose comprising: an upper layer film forming part (Fig. 1 of Kawano describes the upper film 204 being by the same part 40 as the amorphous film 203 in the same way that Fig. 3 and ¶ [0076] of the instant application describes the upper film 87 being formed by the same part as the amorphous film 84) configured to form an amorphous structure upper layer film (204) containing strontium, titanium, and oxygen on an upper surface of the crystalline structure film (203) after the heat treatment in the heat treatment part (“a third Sr--Ti--O film 204 substantially not crystallized is formed on the single layer 203”, ¶ [0061]); and an upper layer film heat treatment part (31) configured to perform a heat treatment to convert the amorphous structure upper layer film (204) into the crystalline structure film (203) containing strontium, titanium, and oxygen by heating the substrate (201), on which the amorphous structure upper layer film (204) is formed, at a temperature of 500 degrees C or higher (“the second Sr--Ti--O-based film 204 is annealed for crystallization at a temperature preferably ranging from about 500 to 750.degree. C., e.g., about 600.degree. C.”, ¶ [0052]). It would have been obvious to one of ordinary skill in the art before the time of the effective filling date of the invention to modify the apparatus of Matz with the upper layer as disclosed by Kawano, to improve the dielectric constant of the layer (see Kawano, ¶ [0055]). Regarding claim 15, Matz, Kawano and Kiyomura together disclose the apparatus of claim 14 as applied above, but Matz and Kiyomura fail to disclose wherein in the upper layer film forming part, the amorphous structure upper layer film having a thickness of 3 nm or more is formed. In the similar field of endeavor of Sr--Ti--O-base film formation, Figs. 1, and 2C-2D of Kawano disclose wherein in the upper layer film forming part (40), the amorphous structure upper layer film (204) having a thickness of 3 nm or more is formed (“a second Sr--Ti--O film 204 having a thickness ranging from about 5 to 20 nm is formed”, ¶ [0051]). It would have been obvious to one of ordinary skill in the art before the time of the effective filling date of the invention to modify the method of Matz with the upper layer as disclosed by Kawano, to improve the dielectric constant of the layer (see Kawano, ¶ [0055]). Regarding claim 16, Matz, Kawano and Kiyomura together disclose the apparatus of claim 15 as applied above, but Matz and Kiyomura fail to disclose wherein the amorphous structure upper layer film has a content ratio of titanium to strontium based on the number of atoms in a range of 0.8 or more and 1.2 or less. In the similar field of endeavor of Sr--Ti--O-base film formation, Fig. 2D of Kawano discloses wherein the amorphous structure upper layer film (204) has a content ratio of titanium to strontium based on the number of atoms in a range of 0.8 or more and 1.2 or less (“the second Sr--Ti--O film are formed preferably under the condition in which the film composition, i.e., the Sr/Ti atomic ratio, is greater than or equal to 1”, ¶ [0072]). It would have been obvious to one of ordinary skill in the art before the time of the effective filling date of the invention to modify the method of Matz with the upper layer as disclosed by Kawano, to improve the electrical characteristics (see Kawano, ¶ [0072]). Regarding claim 17, Matz, Kawano and Kiyomura together disclose the apparatus of claim 14 as applied above, but Matz and Kiyomura fail to disclose wherein the amorphous structure upper layer film has a content ratio of titanium to strontium based on the number of atoms in a range of 0.8 or more and 1.2 or less. In the similar field of endeavor of Sr--Ti--O-base film formation, Fig. 2D of Kawano discloses wherein the amorphous structure upper layer film (204) has a content ratio of titanium to strontium based on the number of atoms in a range of 0.8 or more and 1.2 or less (“the second Sr--Ti--O film are formed preferably under the condition in which the film composition, i.e., the Sr/Ti atomic ratio, is greater than or equal to 1”, ¶ [0072]). It would have been obvious to one of ordinary skill in the art before the time of the effective filling date of the invention to modify the method of Kiyomura with the upper layer as disclosed by Kawano, to improve the electrical characteristics (see Kawano, ¶ [0072]). Conclusion Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to CORALIE NETTLES whose telephone number is (571)270-5374. The examiner can normally be reached Mon-Fri. 7:30am-5pm. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Yara J Green can be reached at (571) 270-3035. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /C.A.N./ Examiner, Art Unit 2893 /YARA B GREEN/ Supervisor Patent Examiner, Art Unit 2893
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Prosecution Timeline

Oct 26, 2022
Application Filed
Apr 16, 2025
Non-Final Rejection mailed — §102, §103
Jul 14, 2025
Response Filed
Aug 28, 2025
Non-Final Rejection mailed — §102, §103
Nov 21, 2025
Response Filed
Dec 11, 2025
Non-Final Rejection mailed — §102, §103
Mar 10, 2026
Response Filed
Apr 28, 2026
Final Rejection mailed — §102, §103 (current)

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Prosecution Projections

5-6
Expected OA Rounds
68%
Grant Probability
99%
With Interview (+31.7%)
3y 4m (~0m remaining)
Median Time to Grant
High
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