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 .
Election/Restrictions
Applicant’s election without traverse of claims 1-26 in the reply filed on 11/10/2025 is acknowledged.
Claim 27 is withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention of group II, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 11/10/2025.
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1, 6, and 9-26 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Liu (US 2022/0350248; IDS, 03/03/2023).
The applied reference has a common assignee with the instant application. Based upon the earlier effectively filed date of the reference, it constitutes prior art under 35 U.S.C. 102(a)(2). This rejection under 35 U.S.C. 102(a)(2) might be overcome by: (1) a showing under 37 CFR 1.130(a) that the subject matter disclosed in the reference was obtained directly or indirectly from the inventor or a joint inventor of this application and is thus not prior art in accordance with 35 U.S.C. 102(b)(2)(A); (2) a showing under 37 CFR 1.130(b) of a prior public disclosure under 35 U.S.C. 102(b)(2)(B) if the same invention is not being claimed; or (3) a statement pursuant to 35 U.S.C. 102(b)(2)(C) establishing that, not later than the effective filing date of the claimed invention, the subject matter disclosed in the reference and the claimed invention were either owned by the same person or subject to an obligation of assignment to the same person or subject to a joint research agreement.
Liu is directed to a method of forming an adhesion layer on a photoresist underlayer and a structure including the same. Liu discloses methods of forming structures that include a photoresist underlayer and an adhesion layer and to structures including a photoresist underlayer and an adhesion layer. (Para, 0022). Liu explains the methods disclosed can be used to form structures with photoresist underlayers and adhesion layers that provide desired properties, such as desired photoresist underlayer thickness (e.g., less than 10 or less than 5 nm), relatively low surface roughness, good adhesion to the photoresist, desired etch selectivity, desired thickness uniformity—both within a substrate (e.g., a wafer) and between substrates, high pattern quality (low number of defects and high pattern fidelity), low line width roughness (LWR), photoresist stability during EUV lithography processing—e.g., during any post-exposure bake (PEB), photoresist development, reworking of the substrate, reasonable EUV sensitivity, and compatibility with integration (e.g., relatively low deposition temperatures). (Para, 0022).
Liu discloses a method 100 in accordance with exemplary embodiments of the disclosure that includes the steps of providing a substrate (step 102), forming a photoresist underlayer (step 104), and forming an adhesion layer (step 106). (Para, 0031; Fig.1). Liu discloses step 102 includes providing a substrate, where the substrate can include one or more layers, including one or more material layers, to be etched. (Para, 0032; Fig.1). These disclosures teach the limitation of claim 1. ‘A method of forming a structure comprising a photoresist underlayer layer that comprises a bulk layer and an adhesion layer, the method comprising the steps of: providing a substrate within a reaction chamber…’
Liu discloses during step 104, a photoresist underlayer is formed on a surface of the substrate and it can be formed using a variety of techniques, including spin-on, chemical vapor deposition, and cyclical process techniques. (Para, 0033). This disclosure teaches the limitation of claim 16. Liu discloses plasma-processed SiO and SiOC materials have been identified as promising candidates for photoresist underlayer material due to their capabilities of continuously thinner thickness and lower dry etching rates compared with the conventional spin-on-glass (SoG) and typically, PEALD is suggested as a conceptually most promising method for a superior non-uniformity (% NU) of the film-thickness. (Para, 0033). Liu discloses the photoresist underlayer is formed using a cyclical deposition process, such as an ALD process—e.g., PEALD and it can include use of activated species (e.g., formed from one or more of precursor(s), reactant(s), or and/or inert gas(es)) that are formed using one or more of a direct plasma and a remote plasma. (Para, 0034). Liu discloses, alternatively, step 104 can include a thermal cyclical deposition process. (Para, 0034). Liu explains the use cyclical deposition processes may be desirable, because they allow for the formation of a photoresist underlayer with desired thickness—e.g., less than 10 nm or less than or about equal to 5 nm, with improved thickness uniformity—both within a substrate and from substrate-to-substrate. (Para, 0034). Liu discloses a pressure within the reaction chamber during step 104 can be about 1 Torr to about 100 Torr, about 3 Torr to about 50 Torr, or about 5 Torr to about 20 Torr. (Para, 0035). This disclosure teaches the limitation of claim 6. Liu discloses step 104 includes forming or depositing one or more of a silicon or metal oxide, a silicon or metal nitride, and a silicon or metal oxynitride, where such oxides, nitrides, and/or oxynitrides can also include carbon. (Para, 0036-0037). Liu also discloses a thickness of the photoresist underlayer can be less than 10 nm, less than 5 nm, or greater than 3 and less than 10 nm. (Para, 0037). These disclosures teach the limitation of claim 1, ‘A method of forming a structure comprising a photoresist underlayer layer that comprises a bulk layer and an adhesion layer, the method comprising the steps of: …forming a porous bulk layer overlying a surface of the substrate using a first plasma process…’ and the limitation of claim 10.
Liu discloses a cyclical process for forming the photoresist underlayer suitable for step 104 is illustrated in FIG. 2 (sub cycle x). Sub cycle x can include (A) pulsing a first precursor comprising a metal or silicon into a reaction chamber (step 202), and (B) pulsing a second precursor or reactant comprising an oxidant and/or nitriding agent into the reaction chamber (step 206). Sub cycle x can be repeated—e.g., between about 10 and about 50 or about 100 and about 200 times before method 100 proceeds to step 106. (Para, 0038). These disclosures teach the limitation of claim 21. Liu explains in some cases, the cyclical process for forming the photoresist underlayer can include (A) pulsing a first precursor comprising a metal into a reaction chamber, (B) pulsing a second precursor or reactant comprising an oxidant and/or nitriding agent into the reaction chamber, and (C) pulsing a carbon precursor into the reaction chamber with each of the pulses separated by a purge step (204, 208). (Para, 0039). Liu discloses each pulsing step or a combination of pulsing steps (e.g., pulsing steps (A) and (B)) can be repeated a number of times prior to proceeding to the next step to tune a composition of the photoresist underlayer. (Para, 0039).
Liu discloses a first precursor comprising silicon is provided, and in some cases, the silicon precursor can also include carbon. (Para, 0040). This disclosure teaches the limitation of claim 17. Liu also discloses the first precursor comprises a metal such as a transition metal, such as one or more metals selected from the group consisting of titanium, tantalum, tungsten, tin, and hafnium. (Para, 0041). Liu discloses the first precursor comprising a metal can also include carbon—e.g., one or more organic groups bonded directly or indirectly to a metal atom such as a metal halide or a metal organic compound, or an organometallic compound, such as one or more of tetrakis(dimethylamino)titanium (TDMAT), titanium isopropoxide (TTIP), titanium chloride (TiCl), tetrakis(ethylmethylamino)hafnium (TEMAHf), hafnium chloride (HfCl), trimethylaluminum (TMA), triethylaluminium (TEA), other metal halide, or other metal-containing compounds. (Para, 0041).
Liu discloses the reactant can include an oxidizing reactant, a nitriding reactant, or a reducing agent, such as a hydrogen-containing reactant and the oxidizing and/or nitriding reactant include reactants that include one or more of oxygen and nitrogen or in some cases, the reactant can include both nitrogen and oxygen. (Para, 0042). Liu explains the oxidizing and/or nitriding reactant can be exposed to a (e.g., direct) plasma to form excited species for use in a PEALD process. (Para, 0042). Liu discloses when used, the carbon precursor can include any suitable organic compound, such as compounds comprising carbon and oxygen, and in some cases, the carbon precursor can also include nitrogen. Liu discloses examples of suitable carbon precursors include one or more of organic compounds, such as acid anhydrate (e.g., an acetic anhydrate), toluene, diethylene glycol, triethylene glycol, acetaldehyde, and organosilicon compounds, such as silanes, and siloxanes with exemplary organosilicon compounds include (n,n-dimethylamino)trimethylsilane, trimethoxy(octadecyl)silane, hexamethyldisilazane, trimethoxy(3,3,3-trifluoropropyl)silane, trimethoxyphenylsilane, trichloro(3,3,3-trifluoropropyl)silane and hexamethyldisilazane. (Para, 0043).
Liu discloses once the photoresist underlayer is formed, an adhesion layer is formed during step 106, which can be performed in situ—within the same reaction chamber and without an air and/or a vacuum break. (Para, 0044). Liu discloses step 106 can include the sub-steps of providing a silicon precursor (step 108), providing an inert gas (step 110), and forming a plasma (step 112). (Para, 0045). Step 106 can include a cyclical deposition process, such as a PEALD process. Liu discloses step 106 can include pulsing a silicon precursor to a reaction chamber (step 210), allowing the silicon precursor to react with a surface of a substrate, purging any unreacted precursor and/or byproducts (step 212), providing an inert gas to the reaction chamber, and forming a plasma using the inert gas to form activated species that react with the silicon precursor or a derivative thereof to form the adhesion layer (step 214), and purging any excess reactive species and/or byproducts from the reaction chamber (step 216). (Para, 0045). These disclosures teach the limitation of claim 1, ‘A method of forming a structure comprising a photoresist underlayer layer that comprises a bulk layer and an adhesion layer, the method comprising the steps of: …and forming an adhesion layer using a second plasma process comprising: providing a silicon precursor to the reaction chamber; providing an inert gas into the reaction chamber; and forming activated species that react with the silicon precursor or a derivative thereof to form the adhesion layer.’ Liu discloses sub cycle y can be repeated a number of times—e.g., between about 30 and about 40 or about 50 or about 60 or about 70 and about 120 times. (Para, 0045). These disclosures teach the limitations of claim 19. Liu discloses the temperature and pressure during step 106 can be the same or similar for step 102 and/or 104. (Para, 0045). Liu discloses a pressure within the reaction chamber during step 104 can be about 1 Torr to about 100 Torr, about 3 Torr to about 50 Torr, or about 5 Torr to about 20 Torr. (Para, 0035). Liu discloses a thickness of the adhesion layer is greater than 0 and less than 2 nm. (Para, 0045). These disclosures teach the limitation of claims 20.
Liu discloses during step 210, a silicon precursor is provided to the reaction chamber, and the silicon precursor does not comprise nitrogen. (Para, 0046). This disclosure teaches the limitation of claim 12. Liu explains N-free precursors can be beneficial for use in forming an adhesion layer, because nitrogen is thought to exhibit a poisoning effect due to the presence of N atoms; therefore, the silicon precursor consists of or consists essentially of Si, C, H, and O, which may be provided to the reaction chamber with the aid of a carrier gas. (Para, 0046). Liu also illustrates examples of the silicon precursor that can be selected from one or more of the group consisting of (a), (b), (c). (Para, 0046). This disclosure teaches the limitation of claims 13-14. Liu also discloses the silicon precursor is selected from one or more of the group consisting of: 3-methoxypropyltrimethoxysilane, bis(trimethoxysilyl)methane, 1,2 bis(methyldimethoxysilyl)ethane, 1,2-bis(triethoxysilyl)ethane, 1,2-bis(triethoxysilyl)ethene, 1,2-bis(diethoxymethylsilyl)ethane, 1,2-bis(trimethoxysilyl)ethane, 1,1,3,3-tetra methoxy-1,3-disilacyclobutane, 1,1,3,3-tetraethoxy-1,3-disilacyclobutane, 1,1,3,3,5,5-hexamethoxy-1,3,5-trisilacyclohexane, 1,1,3,3,5,5-hexaethoxy-1,3,5-trisilacyclohexane. (Para, 0047). This disclosure teaches the limitation of claim 15. Liu discloses that in particular the silicon precursor can be or include 3-methoxypropyltrimethoxysilane. (Para, 0047). Liu discloses a flowrate of the silicon precursor during step 210 can be between about 100 sccm and about 150 sccm and a duration of step 210 can be between about 0.1 s and about 0.3 s. (Para, 0047). Liu discloses during step 212, any excess silicon precursor and/or any reaction byproducts can be purged from the reaction chamber and the purge can be performed by supplying an inert gas to the reaction chamber and/or using a vacuum source. (Para, 0048-0049).
Liu discloses the method can also include a step of forming a photoresist layer overlying and in contact with the adhesion layer, which can be deposited using, for example, spin-on techniques. (Para, 0051). Liu discloses the photoresist layer can be or include positive or negative tone extreme ultraviolet (EUV) lithography photoresist. (Para, 0051). This disclosure teaches the limitation of claim 9. Liu also illustrates a structure 300 formed by using the methods 100 and/or 200. (Para, 0052; Fig.3). Liu illustrates the structure 300 includes a substrate 302, a material layer 304, a photoresist underlayer 306, a photoresist layer 308, and an adhesion layer 310 interposed between and in contact with photoresist underlayer 306 and photoresist layer 308. (Para, 0053; Fig.3). This disclosure and the illustration of Figure 3 teaches the limitation of claim 23. Liu discloses the substrate 302 can include a semiconductor substrate, such as a bulk material, such as silicon (e.g., single-crystal silicon), other Group IV semiconductor material, Group III-V semiconductor material, and/or Group II-VI semiconductor material and can include one or more layers (e.g., a patterning stack) overlying the bulk material, and can include various topologies, such as recesses, lines, and the like formed within or on at least a portion of a layer of the substrate. (Para, 0054; Fig.3). Liu discloses a material layer 304 can be patterned and etched using a photoresist underlayer and a layer of photoresist as described herein and this layer may include, for example, oxides, such as native oxides or field oxides as well as amorphous carbon, nitrides, other oxides, silicon, and add-on films (e.g., a self-assembled monolayer (e.g., hexamethyldisilazane (HMDS)). (Para, 0055; Fig.3).
Liu discloses the photoresist underlayer 306 include one or more of a silicon or metal oxide, a silicon or metal nitride, and a silicon or metal oxynitride—any of which can include or not include carbon such as one or more of silicon oxide, silicon oxycarbide, silicon nitride, silicon oxynitride, silicon carbon nitride, silicon oxygen carbon nitride, metal oxide, metal nitride, metal oxycarbide, metal oxynitride, metal oxygen carbon nitride, and metal carbon nitride. (Para, 0056; Fig.3 ). Liu also discloses the adhesion layer 310 desirably exhibits good adhesion and other properties as described herein and includes silicon and can optionally include one or more of carbon, hydrogen, and oxygen. (Para, 0056; Fig.3). This disclosure and the illustration of Figure 3 teaches the limitation of claim 25. Liu discloses the adhesion layer 310 may desirably not include nitrogen. (Para, 0056). Liu discloses the photoresist layer 308 can be or include positive or negative tone (e.g., EUV) photoresist. (Para, 0062; Fig.3). This disclosure and the illustration of Figure 3 teaches the limitation of claim 26.
It also necessarily follows from the disclosures and illustrations of Liu as discussed above, which explicitly teach the process steps of claim 1, as well as the precursor compositions recited in the claims, that the disclosures of Liu also teach the limitations of claims which 11, 18, 22 and 24, which occur as a matter of course during the process recited in claim 1, which is explicitly disclosed in Liu.
Therefore, the recitations of claims 1, 6, and 9-26 are anticipated by the disclosures and illustrations of Liu as discussed above.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 2-5 and 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Liu as applied to claims 5 in paragraph above, and further in view of Wang (US 2018/0174901)
As discussed in paragraph 5 above Liu fails to explicitly disclose the process parameters such as the limitation of claim 2, ‘The method of claim 1, wherein a plasma power during the first plasma process is less than 150 W or between about 10 and about 400 W or between 10 and 1000 W.’ Liu fails to explicitly teach the limitation of claim 3, ‘The method of claim 1, wherein a plasma on time during the step of forming a porous bulk layer is less than 4 seconds or less than 2 seconds or between about 0.1 and about 4 seconds.’ Liu also fails to explicitly teach the limitation of claim 4, ‘The method of claim 1, wherein a precursor feed time during the step of forming a porous bulk layer is greater than 0.01 seconds or greater than 0.15 seconds or between about 0.1 and about 2 seconds or between about 0.01 and about 4 seconds.’ Moreover, Liu fails to explicitly disclose the limitation of claims 5, ‘The method of claim 1, wherein a precursor purge time during the step of forming a porous bulk layer is between about 0.2 and about 0.6 seconds or between about 0.15 and about 1 seconds or between about 0.1 and about 4 seconds.’ Lastly, Liu fails to explicitly disclose the limitation of claim 8, ‘ The method of claim 1, wherein a reactant flowrate during the step of forming a porous bulk layer is between about 5 and about 100 sccm or between about 0.1 and about 6 slm.’ However, as discussed above Liu does disclose desired thickness ranges for the photoresist underlayer formed and the adhesion layer formed via a cyclical plasma process.
Wang discloses chamber conditions and/or parameters for a remote plasma process used for film deposition. Wang also discloses that certain parameters are result effective variable such as power, time and temperature (Para, 0052). Wang explains these variables control the condition of the chamber and therefore, the results of the films which are deposited. (Para, 0051, 0053-0054). The disclosures of Liu further in view of these disclosures of Wang demonstrate the parameters recited in claims 2-5 and 8 are result effective variables which can be adjusted to achieve the desired results, which in the case of Liu would be the desired thickness of the adhesion and the photoresist underlayer.
It would have been obvious to one of ordinary skill in the art at the time of filing of the present application by Applicant to modify the disclosures of Liu further in view of these disclosures of Wang because both are directed to plasma deposition methods and Wang demonstrates that the parameters of the process of Liu such as the purse time or precursor feed time can be adjusted to obtain the desired results such as film thickness.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1, 10, 12-13, 15-17, 20-21 and 23 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 3-6, 9-13 and 15-20 of copending Application No.18/644,370 (US PGPUB 2024/0361695). Although the claims at issue are not identical, they are not patentably distinct from each other because both the recitations of claims 1, 10, 12-13, 15-17, 20-21 and 23 of the present application and claims 1, 3-6, 9-13 and 15-20 of US Patent Application No.18/644,370 are directed to analogous methods of forming an adhesion layer or a structure comprising an adhesion layer and a structure resulting from the method, and the recitations of claims 1, 10, 12-13, 15-17, 20-21 and 23 of the present application are fully encompassed by the recitations of claims 1, 3-6, 9-13 and 15-20 of US Patent Application No.18/644,370.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Allowable Subject Matter
Claim 7 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: The disclosures and illustrations of Liu and/or Wang as discussed above fail to teach and/or suggest the limitation of claim 7. ‘ The method of claim 1, wherein a gap between a plasma electrode and the substrate during the step of forming a porous bulk layer is between about 7 mm and about 15 mm or between about 6 mm and about 18 mm.’ The prior art also fails to provide other relevant disclosures which are properly combinable with Liu and/or Wang to teach and/or suggest the limitation of claim 7. Therefore, claim 7 includes allowable subject matter.
Conclusion
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/CALEEN O SULLIVAN/Primary Examiner, Art Unit 2899