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 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.
Claim(s) 1 and 11 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Mitra et al. (U.S. Pub. 2018/0164680) [Hereafter “Mitra”].
Regarding claims 1 and 11, Mitra [Figs.2A-3B] discloses a pattern forming method comprising:
forming a second layer [30L] over a first layer [40];
forming a first pattern along a surface of the second layer opposite to the first layer, the first pattern including an inclined portion [staircase region] with a recessed portion [center trench region at bottom of staircase]; and
forming a second pattern on the first layer by performing, with the second layer as a mask, a first etching process to remove a part of the first layer [Figs.2B-3B];
Mitra [Figs.2A-3B] discloses a template manufacturing method comprising:
forming a first layer [30L] over a substrate [40];
forming a first pattern along a surface of the first layer opposite to the substrate, the first pattern including an inclined portion [staircase region] with a recessed portion [center trench region at bottom of staircase]; and
forming a second pattern on the substrate by performing, with the first layer as a mask, a first etching process to remove a part of the substrate [Figs.2B-3B].
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.
Claim(s) 2-3 and 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mitra et al. (U.S. Pub. 2018/0164680) in view of Park et al. (U.S. Pub. 2010/0230864) [Hereafter “Park”].
Regarding claim 2, Mitra [Figs.2A-3B] discloses a pattern forming method, wherein the step of forming a first pattern includes: forming the inclined portion on the surface of the second layer, and forming the recessed portion in the inclined portion. Mitra fails to explicitly disclose forming the recessed portion exposing the first layer. However, Park [Figs.8A-C] discloses a pattern forming method forming the recessed portion [recesses in Pc] exposing the first layer [M]. It would have been obvious to include forming the recessed portion exposing the first layer as claimed, since it has been held that applying a known technique to a known process in order to yield predictable results would have been obvious. Further, it would have been obvious to try one of the known methods with a reasonable expectation of success. KSR International Co. v. Teleflex Inc., 82 USPQ2d 1385 (2007).
Regarding claims 3 and 6, Mitra [Figs.2A-3B] discloses a pattern forming method
further comprising performing a second etching process to remove a part of the second layer and a part of a top surface of the first layer is exposed by the second etching process [Figs.3A-B] [Para.54];
wherein the first pattern [pattern in 30L] is set based on at least one of: processing speeds of the first layer and the second layer in the first etching process, disposition of the second pattern, a gradation count of the second pattern, a height of the second pattern, a depth of the second pattern [disposition of the second pattern, a gradation count of the second pattern, a height of the second pattern, a depth of the second pattern] [pattern in 40], or a processing amount buffer of the second layer in the second etching process.
Allowable Subject Matter
Claims 12 and 15 are allowed.
The following is an examiner’s statement of reasons for allowance: Prior art does not fairly disclose or make obvious the claimed device/method taken as a whole, and specifically, the limitations of
providing a stacked body including a plurality of third layers and a plurality of insulating layers alternately stacked on a semiconductor substrate;
providing a template through (i) forming a first pattern including an inclined portion and a recessed portion along a surface of a first layer provided on a substrate; and (ii) forming a second pattern on the substrate by performing a first etching process to remove a part of the substrate using the first layer as a mask;
applying an insulator to cover the stacked body;
using the template to imprint a first hole exposing one of the plurality of third layers and a second hole different in depth from the first hole and exposing another one of the plurality of third layers in the insulator; and
forming a conductor in the first hole and the second hole.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Claims 4-5, 7-10, and 13-14 are 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: Prior art does not fairly disclose or make obvious the claimed device/method taken as a whole, and specifically, the limitations of
wherein the second layer includes a first film in contact with the first layer and a second film in contact with the first film, and the second film is higher than the first film in processing speed in the first etching process;
wherein the step of forming a first pattern includes:
forming a first resin layer having an inclination on the second layer,
forming the inclined portion by transferring the inclination to the second layer,
forming a second resin layer having a recessed portion exposing the inclined portion on the second layer, and
removing a part of the second layer using the second resin layer as a mask;
wherein the second layer includes a first film in contact with the first layer and a second film in contact with the first film, and
the step of forming a first pattern includes:
forming the recessed portion exposing the first film in the second film, and
forming the inclined portion on the second film;
wherein the recessed portion includes a plurality of recesses extending into the second layer, the plurality of recesses having respectively different depths.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The cited prior art is considered analogous art and discloses at least some of the claimed subject matter of the current invention. However, the prior art does not fairly disclose or make obvious the claimed device/method taken as a whole.
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/BAC H AU/Primary Examiner, Art Unit 2898