DETAILED ACTION
Election/Restrictions
Applicant’s election with traverse to the restriction requirement mailed on 11/19/25, of species A, in the reply filed on 1/9/26 was acknowledged in a previous office action mailed on 3/12/26. Claims 8-15 are withdrawn.
Foreign Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 5/19/26 is in compliance with the provisions of 37 CFR 1.97 and 1.98. Accordingly, the information disclosure statement has been considered by the examiner.
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.
Claim(s) 1-4 and 6-7 is/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.
Claim 1 recites (having added numbers in square brackets for the sake of easier discussion):
1. A patterning method, comprising:
[1] providing a base;
[2] forming a first patterned mask layer, wherein the first patterned mask layer comprises a plurality of first mask structures extending along a first direction, and the plurality of first mask structures are arranged at intervals;
[3] forming a first dielectric layer on the first patterned mask layer, wherein the first dielectric layer fills up a spacing region between the plurality of first mask structures and covers an upper surface of the first patterned mask layer; and [4] etching the first dielectric layer to form a plurality of second mask structures extending along a second direction, wherein the plurality of second mask structures are arranged at a second interval, and a spacing region between the plurality of second mask structure exposes the first patterned mask layer and the base, the second direction intersects with the first direction, and
[5] selectively etching each of the plurality of first mask structures and each of the plurality of second mask structures, to form a mesh-shaped mask layer, comprising:
[6] forming a second dielectric layer, wherein the second dielectric layer fills up the spacing region between the plurality of second mask structures and covers upper surfaces of the plurality of second mask structures;
[7] etching the second dielectric layer until the upper surfaces of the plurality of second mask structure is exposed;
[8] selectively etching each second mask structure until an upper surface of each first mask structure is exposed, wherein a first gas having a selectivity ratio only to each second mask structure is selected, and the second dielectric layer is used as a mask, a second part of each second mask structure is removed through etching to expose each first mask structure and a first part of each second mask structure;
[9] selectively etching an exposed portion of each first mask structure, wherein a second gas having a selectivity ratio only to each first mask structure is selected, and the second dielectric layer and the first part of each second mask structure are used as a mask, to etch each first mask structure until the upper surface of the base is exposed; and
[10] removing a remaining part of the second dielectric layer, and the first part of each second mask structure and the remaining part of each first mask structure form the mesh-shaped mask layer on the base.
The metes and bounds of the claimed limitation can not be determined for the following reasons:
The limitation [2] is unclear as to what “arranged at intervals” requires. The limitation here is “the plurality of first mask structures are arranged at intervals” (with plural intervals claimed), but elsewhere, in limitation [4], the limitation is “the plurality of second mask structures are arranged at a second interval” (with a single interval claimed). The interval seems to refer to a spacing between mask parts, but in the Figures, the “(first) intervals” seem to be a single, constant value, and the “second intervals” also seem to be a (possibly different) single, constant value. Thus, it is unclear if the intervals in claim 2 really can vary or if it needs to be constant.
It is unclear which of the limitations [6] – [10] are referred to in limitation [5] by the word “comprising” in “selectively etching each of the plurality of first mask structures and each of the plurality of second mask structures, to form a mesh-shaped mask layer, comprising”. Each of limitations [6] – [9] end with a semicolon, and then [10] ends with a period, so it would appear that each of limitations [6] – [10] refer to “selectively etching each of the plurality of first mask structures and each of the plurality of second mask structures, to form a mesh-shaped mask layer”. However, the limitations [1] – [3] also end in semicolons so it is possible that [10] is does not refer to “selectively etching each of the plurality of first mask structures and each of the plurality of second mask structures, to form a mesh-shaped mask layer” but instead refers to “a patterning method, comprising”.
The limitations [8] and [9] are not clear because the term “selectivity ratio” is not clear. The term has been used in the specification (see para 62, 64, 89, 91, and 92) without defining it. This term is not a well-known term of art. It is unclear how it is mathematically determined.
The limitations [8] and [9] are not clear because it is not clear what “a selectivity ratio only to each first/second mask structure” means. The overall limitations refer to selective etching, so it is assumed that the “selectivity ratio” is intended to refer to how easy or hard it is to etch a material. However, even if it is very difficult to etch a material with a given gas, it is possible, even if it is very slow. Thus, it is unclear how the gases can have a “selectivity ratio” “only” to a first mask structure or “only” to a second mask structure, since every gas should etch every material at least somewhat, even if the etching is slow.
The limitations [8] and [9] are unclear as to what “a first gas… is selected” and what “a second gas… is selected” require. It is unclear if “selected” refers to the “selectively etching”, or if it refers to a choice. It is unclear if any etching gas is used, is it “selected” by having been used? Or must it be “selected” in some other way, by having the “selectivity ratio”?
The limitation [10] is unclear because as written, it does not make sense. It is unclear if “removing … form the mesh-shaped mask layer on the base” is intended to mean (1) “removing… from the mesh-shaped mask layer on the base”; (2) “removing… to form the mesh-shaped mask layer on the base”; or (3) some other meaning.
Response to Arguments
Applicant's arguments with respect to the pending claims have been considered but are moot in view of the new ground(s) of rejection.
Conclusion
Conclusion / Finality
Applicant's amendment changed the scope of the claims and 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 extension fee 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 date of this final action.
Conclusion / Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Kevin Parendo who can be contacted by phone at (571) 270-5030 or by direct fax at (571) 270-6030. The examiner can normally be reached Monday-Friday from 9 am to 4 pm ET.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Billy Kraig, can be reached at (571) 272-8660. The fax number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Kevin Parendo/Primary Examiner, Art Unit 2896
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