Prosecution Insights
Last updated: April 19, 2026
Application No. 18/146,535

FILM FORMING METHOD AND FILM FORMING APPARATUS

Non-Final OA §102§103§112
Filed
Dec 27, 2022
Examiner
TADAYYON ESLAMI, TABASSOM
Art Unit
1718
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Tokyo Electron Limited
OA Round
1 (Non-Final)
50%
Grant Probability
Moderate
1-2
OA Rounds
3y 7m
To Grant
77%
With Interview

Examiner Intelligence

Grants 50% of resolved cases
50%
Career Allow Rate
384 granted / 776 resolved
-15.5% vs TC avg
Strong +27% interview lift
Without
With
+27.1%
Interview Lift
resolved cases with interview
Typical timeline
3y 7m
Avg Prosecution
65 currently pending
Career history
841
Total Applications
across all art units

Statute-Specific Performance

§103
60.2%
+20.2% vs TC avg
§102
15.7%
-24.3% vs TC avg
§112
20.7%
-19.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 776 resolved cases

Office Action

§102 §103 §112
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 . Claim 20 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Group II, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 10/07/25. Applicant’s election without traverse of group I in the reply filed on 10/07/25 is acknowledged. Claim Rejections - 35 USC § 112 The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. Claims 10-19 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. It is not clear what the X is in InOx, GaOx, or ZnOx. 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 1-5 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sang In Lee et al (U. S. Patent Application: 2016/0032452, here after Lee). Claim 1 is rejected. Lee teaches a film forming method of forming a metal oxide film on a substrate in a processing container, the film forming method comprising: supplying a raw material gas (source gas) containing an organometallic precursor into the processing container (step 204) [0024-0026, 0043, fig. 2]; removing a residual gas remaining in the processing container after the supplying the raw material gas (step 210) [0044, fig. 2]; subsequently, supplying an oxidizing agent (reactant, step 214) that oxidizes the raw material gas into the processing container [fig. 2, 0044]; removing a residual gas remaining in the processing container after the supplying the oxidizing agent (step 216) [fig. 2, 0044]; and supplying a hydrogen-containing reducing gas into the processing container (step 208) sequentially after the supplying the raw material gas [fig. 2, 0043, 0068]. Claim 2 is rejected as Lee teaches the supplying the raw material gas, the removing the residual gas after the supplying the raw material gas, the supplying the oxidizing agent, and the removing the residual gas after the supplying the oxidizing agent are repeated a plurality of cycles, and the supplying the hydrogen-containing reducing gas is performed in each of the plurality of cycles (to obtain desirable thickness) [fig. 2]. Claim 3 is rejected as the removing the residual gas after the supplying the raw material gas (step 210) further removes a residual gas remaining after the supplying the hydrogen-containing reducing gas [see fig. 2]. Claim 4 is rejected as the supplying the hydrogen-containing reducing gas desorbs an organic ligand of the organometallic precursor [abstract, 0026]. Claim 5 is rejected as Lee teaches the organic ligand of the organometallic precursor is an alkyl group, and the supplying the hydrogen-containing reducing gas separates the alkyl group from the organometallic precursor adsorbed onto the substrate to terminate hydrogen from the organometallic precursor [0026] which inherently suppresses HO from being generated in the supplying the oxidizing agent. 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 6-19 are rejected under 35 U.S.C. 103 as being unpatentable over John H Hong et al (WO 2014/116500, here after Hong), further in view of Sang In Lee et al (U. S. Patent Application: 2016/0032452, here after Lee). Claim 6 is rejected. Hong teaches a film forming method of forming, on a substrate in a processing container, a multi-element metal oxide film including a plurality of metal oxide films respectively containing different metals (IGZO) [0008], the film forming method comprising: a plurality of operations (depositing via ALD) of forming the plurality of metal oxide films, respectively, wherein each of the plurality of operations includes: supplying a raw material gas containing an organometallic precursor into the processing container; removing a residual gas remaining in the processing container after the supplying the raw material gas; subsequently, supplying an oxidizing agent that oxidizes the raw material gas into the processing container; and removing a residual gas remaining in the processing container after the supplying the oxidizing agent [0068, 0071, 0072, 0073, fig. 8]. Hong does not teach at least one of the plurality of operations includes supplying a hydrogen-containing reducing gas into the processing container sequentially after the supplying the raw material gas. Lee teaches a method of depositing zinc oxide with ALD and also teaches supplying a hydrogen-containing reducing gas into the processing container (step 208) sequentially after the supplying the raw material gas [fig. 2, 0043, 0068, 0046], to increase deposition rate and improves film properties [0026]. Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention was made to have a method of making Indium gallium zinc oxide with ALD, and supplying a hydrogen-containing reducing gas into the processing container during depositing zinc oxide, because it helps increasing deposition rate and improves film properties Claim 7 is rejected as Lee teaches deposition of zinc oxide by ALD, therefore among the plurality of operations, in the operation including the supplying the hydrogen-containing reducing gas, the supplying the raw material gas, the removing the residual gas after the supplying the raw material gas, the supplying the oxidizing agent, and the removing the residual gas after the supplying the oxidizing agent are repeated a plurality of cycles, and the supplying the hydrogen-containing reducing gas is performed in each of the plurality of cycles[fig. 2]. Claim 8 is rejected as Lee teaches plurality of operations are repeated a plurality of cycles (to obtain desirable thickness) [fig. 2]. Claim 9 is rejected. Lee also teaches (in another embodiment) the supplying the hydrogen-containing reducing gas is performed simultaneously with the supplying the raw material gas [0039], therefore inherently in the operation including the supplying the hydrogen-containing reducing gas, a film formation temperature of the plurality of metal oxide films is lowered so that an optimum film formation temperature of the multi-element metal oxide film is made uniform. Claim 10 is rejected as Hong teaches the plurality of metal oxide films are an InOx film, a GaOx film, and a ZnOx film, and the multi-element metal oxide film is an InGaZnO film [0081]. Claim 11 is rejected. Lee teaches supplying hydrogen- containing gas simultaneously with source material during atomic layer deposition of a film with alkyl ligand in metal precursor helps increasing growth rate and enhancing film properties [abstract, 0039], and teaches it for zinc oxide (with diethyl zinc precursor) [0046], but not for gallium oxide. However, Hong teaches gallium precursor also comprising alkyl ligand (trimethyl gallium) [0080] for depositing gallium oxide. Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention was made to have a method of making Indium gallium zinc oxide with ALD, and have supplying hydrogen- containing gas simultaneously with source material during atomic layer deposition, because it helps increasing growth rate and enhancing film properties with expectation of success. Claim 12 is rejected for the same reason claim 11 is rejected. Hong teaches gallium precursor comprising alkyl ligand (trimethyl gallium) for depositing gallium oxide, and indium precursor comprising alky ligand (trimethyl indium) [0080]. Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention was made to have a method of making Indium gallium zinc oxide with ALD, and have supplying hydrogen- containing gas simultaneously with source material during atomic layer deposition of gallium oxide and indium oxide films, because it helps increasing growth rate and enhancing film properties with expectation of success. Claim 13 is rejected because the energy for dissociation of trimethylgallium (58.5 Kcal/mol) is higher than energy for dissociation of trimethylindium (49-52 Kcal), therefore concentration of hydrogen should be more for breaking gallium precursor ligands than indium precursors ligand and requires more hydrogen. Claim 13 is rejected as Hong teaches concentration of gallium oxide in top layers is higher (95%) [0008], therefore more gallium precursor and more hydrogen require than lower and forming indium oxide layer. Claim 14 is rejected for the same reason claim 3 is rejected above. Lee teaches the removing the residual gas after the supplying the raw material gas (step 210) further removes a residual gas remaining after the supplying the hydrogen-containing reducing gas [fig. 2]. Claim 15 is rejected. Although Lee does not clearly teach a continuous purge gas is supplied into the processing container in a continuous manner while performing the supplying the raw material gas, the removing the residual gas after the supplying the raw material gas, the supplying the oxidizing agent, and the removing the residual gas after the supplying the oxidizing agent. However, teaches adding nitrogen gas (carrier gas) in supplying source gas [0038]. The examiner takes official notice that it is well known in the art to have source gas and reactant gas diluted with inert gas such as Ar or N2 as carrier gas for ALD process, and purge gas is also inert gas such as Ar and nitrogen which in fact can flow during the process. Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention was made to have a method of making Indium gallium zinc oxide with ALD as Hon and Lee teach and the removing the residual gas after the supplying the raw material gas and the removing the residual gas after the supplying the oxidizing agent are performed by the continuous purge gas, and wherein an additional purge gas is supplied in addition to the continuous purge gas during the removing the residual gas after the supplying the raw material gas, because it is well known in the art to have inert purge gas flow during source and reactant gas exposure to substrate. Claim 16 is rejected as Lee teaches the processing container is under vacuum [0058], therefore by removing the residual gas after the supplying the raw material gas a pressure in the processing container is reduced. Claim 17 is rejected as Lee teaches the supplying the hydrogen-containing reducing gas desorbs an organic ligand of the organometallic precursor [abstract, 0026]. Claim 18 is rejected as Lee teaches the organic ligand of the organometallic precursor is an alkyl group, and the supplying the hydrogen-containing reducing gas separates the alkyl group from the organometallic precursor adsorbed onto the substrate to terminate hydrogen from the organometallic precursor [0026] which inherently suppresses HO from being generated in the supplying the oxidizing agent. Claim 19 is rejected as Lee teaches the hydrogen-containing (reducing) gas is a hydrogen gas[abstract]. Any inquiry concerning this communication or earlier communications from the examiner should be directed to TABASSOM TADAYYON ESLAMI whose telephone number is (571)270-1885. The examiner can normally be reached M-F 9:30-6. 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, Gordon Baldwin can be reached at 5712725166. 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. /TABASSOM TADAYYON ESLAMI/Primary Examiner, Art Unit 1718
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Prosecution Timeline

Dec 27, 2022
Application Filed
Jan 14, 2026
Non-Final Rejection — §102, §103, §112 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
50%
Grant Probability
77%
With Interview (+27.1%)
3y 7m
Median Time to Grant
Low
PTA Risk
Based on 776 resolved cases by this examiner. Grant probability derived from career allow rate.

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