Prosecution Insights
Last updated: May 29, 2026
Application No. 18/192,186

DEPOSITION METHOD AND PROCESSING APPARATUS

Non-Final OA §103§112
Filed
Mar 29, 2023
Priority
Apr 12, 2022 — JP 2022-065844
Examiner
SEHAR, FAKEHA
Art Unit
2893
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Tokyo Electron Limited
OA Round
3 (Non-Final)
82%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 82% — above average
82%
Career Allowance Rate
79 granted / 96 resolved
+14.3% vs TC avg
Strong +19% interview lift
Without
With
+18.8%
Interview Lift
resolved cases with interview
Typical timeline
3y 0m
Avg Prosecution
21 currently pending
Career history
136
Total Applications
across all art units

Statute-Specific Performance

§103
72.1%
+32.1% vs TC avg
§102
4.7%
-35.3% vs TC avg
§112
21.2%
-18.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 96 resolved cases

Office Action

§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 . Continued Examination Under 37 CFR 1.114 A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on March 03, 2026 has been entered. Response to Amendment This Office Action is in response to Applicant’s Amendment filed on March 03, 2026. Claims 1, 2 and 6 have been amended. No new claims have been added. Claims 4, 8 have been withdrawn. Claim 5 has been canceled. Currently, claims 1-3 and 6-7 are pending. Applicant’s amendment to claim 1 successfully overcomes the 112(b) rejection of claim 1 and dependent claims set forth in the previous Office Action. Response to Arguments Applicant's arguments filed on March 03, 2026 have been fully considered but they are not persuasive. The Applicant argues that, “Accordingly, the above-noted features of claim 1, namely "the boron-rich boron nitride film including boron with dangling bonds ...increasing a volume of the boron-rich boron nitride film such that, the dangling bonds of the boron in the boron-rich boron nitride film bond with nitrogen from the nitrogen-containing gas in the second gas, and the space is filled with the boron-rich boron nitride film ...the space includes a void or a seam," are distinctions over Miyahara, Fukazawa, and Chen.” The Examiner respectfully disagrees with this analysis. Fukazawa teaches depositing boron nitride film within a substrate recess and Miyahara provides a suitable, taught method for forming such a film. Miyahara teaches the formation of an incompletely-nitrided, boron-rich boron nitride (BN) film (see e.g., paragraph 34) characterized by a large amount of non-nitrided boron, where B-B bonds are more prevalent than B-N bonds. Due to the non-stoichiometric nature of Miyahara’s film (high atomic concentration of boron 50 to 90 atoms %, specifically 60 to 80 atoms %), the film inherently possess a high density of reactive sites, including non-nitrided boron dangling bonds. These reactive sites are available for subsequent reaction. The boron-rich boron nitride film of Miyahara is formed using the method of the instant application. Given that a similar process has a similar outcome, this film would inherently develop structural voids or seams. Miyahara further discloses a nitriding process wherein the boron-rich BN film is treated with a nitrogen-containing gas to increase the nitrogen content, pushing the composition closer to a 1:1 stoichiometric ratio. The addition of nitrogen to the existing non-nitrided boron increases the atomic density of nitrogen within the film structure. This conversion from a lower density B-rich phase to a higher density stoichiometric BN phase causes the film to expand. When this nitridation is performed within the spaces of a substrate recess, the expanding BN film will fill voids or seams or other defects, densifying the film. The densification and improved structural ordering, including the filling of defects through the expansion and reorganization of hBN domains by high temperature annealing in N2 ambient is further taught by Chen. Chen specifically demonstrates that this process promotes sufficient grain growth and reduces grain boundaries which further supports the conclusion that the claimed filling of voids through volume expansion is inherent to the combined teachings of Miyahara, Fukazawa and Chen. 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. 1-3 and 6-7 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as failing to set forth 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. Regarding claim 1, the claim recites, “the space is filled with the boron-rich boron nitride film” which is indefinite since after the heat-treating step the dangling bonds of the boron bond with nitrogen, changing the composition of the film to a more stable BN form. It is unclear how the space is filled by the boron-rich boron nitride film after the heat-treating step when the resulting film is technically no longer boron-rich boron nitride in its final state. Claim 2-3 and 6-7 depend upon claim 1 and do not rectify the problem therefore, they are also rejected. 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 1-3 and 6-7 are rejected under 35 U.S.C. 103 as being unpatentable over Fukazawa (US 2020/0318237 A1) in view of Miyahara (US 2017/0117145 A1) and Chen et al., The effects of post-annealing technology on crystalline quality and properties of hexagonal boron nitride films deposited on sapphire substrates, Vacuum, Volume 199, 2022, 110935, ISSN 0042-207X, https://doi.org/10.1016/j.vacuum.2022.110935. (https://www.sciencedirect.com/science/article/pii/S0042207X22000690); hereafter Chen. Regarding claim 1, Fukazawa teaches a deposition method comprising: preparing a substrate having a recess ….. deposit a boron nitride film in the recess (see e.g., the substrate on which boron nitride deposition is desired may comprise a patterned substrate including high aspect ratio features, such as, for example, trench structures, vertical gap features, horizontal gap features, and/or fin structures. For example, the substrate may comprise one or more substantially vertical gap features and/or one or more substantially horizontal gap features, Para [0029]); Fukazawa does not explicitly teach “supplying a first gas onto the substrate to deposit a boron-rich boron nitride film, the boron-rich boron nitride film including boron with dangling bonds, and the first gas including a boron-containing gas and a nitrogen-containing gas; and supplying a second gas onto the substrate to heat-treat the boron-rich boron nitride film, the second gas being free of the boron-containing gas and including the nitrogen- containing gas, wherein the depositing of the boron-rich boron nitride film in the recess includes forming a space in the boron-rich boron nitride film deposited in the recess, wherein the heat-treating of the boron-rich boron nitride film includes increasing a volume of the boron-rich boron nitride film, such that, the dangling bonds of the boron in the boron-rich boron nitride film bond with nitrogen from the nitrogen-containing gas in the second gas, and the space is filled with the boron-rich boron nitride film, and wherein the space includes a void or a seam.” In a similar field of endeavor Miyahara teaches supplying a first gas onto the substrate to deposit a boron-rich boron nitride film, the boron-rich boron nitride film including boron with dangling bonds, and the first gas including a boron-containing gas and a nitrogen-containing gas; and (see e.g., in step S2, a diborane (B.sub.2H.sub.6) gas may be used as the boron-containing gas. An ammonia (NH.sub.3) gas may be used as the nitriding gas. The internal temperature of the process vessel is set at a low temperature and a boron-rich boron nitride layer (boron-rich state due to an incomplete nitridation) is deposited on the substrate by CVD in which diborane and ammonia are introduced into the process vessel, Paras [0025], [0032], [0034], Figure 1) Miyahara teaches the formation of an incompletely-nitrided, boron-rich boron nitride (BN) film characterized by a large amount of non-nitrided boron, where B-B bonds are more prevalent than B-N bonds. Due to the non-stoichiometric nature of Miyahara’s film (high atomic concentration of boron 50 to 90 atoms %, specifically 60 to 80 atoms %), the film inherently possesses a high density of reactive sites, including non-nitrided boron dangling bonds. These reactive sites are available for subsequent reaction. supplying a second gas onto the substrate to heat-treat the boron-rich boron nitride film, the second gas being free of the boron-containing gas and including the nitrogen-containing gas (see e.g., in step S3, after forming an incompletely-nitrided boron-rich-rich BN film, nitriding process with respect to the boron-rich BN film is performed thereby obtaining a BN film having a predetermined film thickness. The nitriding process may be an annealing process in which a target substrate is heated while introducing a nitriding gas into the process vessel, Paras [0029], [0038], [0039], Figure 1). wherein the depositing of the boron-rich boron nitride film in the recess includes forming a space in the boron-rich boron nitride film deposited in the recess, The boron-rich boron nitride film of Miyahara is formed using the method of the instant application. Given that a similar process has a similar outcome, this film would inherently develop structural voids or seams. wherein the heat-treating of the boron-rich boron nitride film includes increasing a volume of the boron-rich boron nitride film, such that, the dangling bonds of the boron in the boron-rich boron nitride film bond with nitrogen from the nitrogen-containing gas in the second gas, and the space is filled with the boron-rich boron nitride film, and wherein the space includes a void or a seam. Miyahara teaches a post nitriding process wherein the boron-rich BN film is treated with a nitrogen-containing gas through heat-treating process to increase the nitrogen content, converting the lower density B-rich phase (containing unbonded boron, dangling bonds) towards a higher density stoichiometric BN phase. This is due to the chemical reaction between unbonded boron atoms and the incoming nitrogen gas to form new B-N bonds. This chemical restructuring results in an expansion of the film’s volume. When this nitridation is performed within the spaces of a substrate recess, the expanding BN film will fill voids or seams or other defects, densifying the film. Further, Chen reinforces this by teaching that high-temperature annealing in a N2 ambient (see e.g., Figure 5b) drives the reorganization of hBN domains and sufficient grain growth which reduces porosity and structural grain boundaries through the expansion and reorganization process. Therefore, it would have been obvious to one skilled in the art at the time the invention was effectively filed to implement Miyahara’s teachings of supplying a first gas onto the substrate to deposit a boron-rich boron nitride film, the boron-rich boron nitride film including boron with dangling bonds, and the first gas including a boron-containing gas and a nitrogen-containing gas; and supplying a second gas onto the substrate to heat-treat the boron-rich boron nitride film, the second gas being free of the boron-containing gas and including the nitrogen- containing gas, wherein the depositing of the boron-rich boron nitride film in the recess includes forming a space in the boron-rich boron nitride film deposited in the recess, wherein the heat-treating of the boron-rich boron nitride film includes increasing a volume of the boron-rich boron nitride film, such that, the dangling bonds of the boron in the boron-rich boron nitride film bond with nitrogen from the nitrogen-containing gas in the second gas, and the space is filled with the boron-rich boron nitride film, and wherein the space includes a void or a seam in the method of Fukazawa to form void free, high quality and thermally stable BN films in electronic devices. Regarding claim 2, Fukazawa, as modified by Miyahara and Chen, teaches the limitations of claim 1 as mentioned above. Fukazawa does not explicitly teach “wherein the depositing of the boron-rich boron nitride film includes maintaining the substrate at a first temperature, and wherein the heat-treating of the boron-rich boron nitride film includes maintaining the substrate at a second temperature, the second temperature being higher than the first temperature.” In a similar field of endeavor Miyahara teaches wherein the depositing of the boron-rich boron nitride film includes maintaining the substrate at a first temperature, and (see e.g., The temperature for forming the B-rich BN film of this state may fall within a range of 250 to 400 degrees C., especially 280 to 380 degrees C, Para [0034]) wherein the heat-treating of the boron-rich boron nitride film includes maintaining the substrate at a second temperature, the second temperature being higher than the first temperature (see e.g., For nitriding the B-rich BN film, the annealing process may be performed at a high temperature falling within a range of 550 to 900 degrees C., for example, at 700 degrees C. The annealing process may be performed using only the nitriding gas, Para [0040], Figure 1). Therefore, it would have been obvious to one skilled in the art at the time the invention was effectively filed to implement Miyahara’s teachings of wherein the depositing of the boron-rich boron nitride film includes maintaining the substrate at a first temperature, and wherein the heat-treating of the boron-rich boron nitride film includes maintaining the substrate at a second temperature, the second temperature being higher than the first temperature in the method of Fukazawa to form void free, high quality and thermally stable BN films in electronic devices. Regarding claim 3, Fukazawa, as modified by Miyahara and Chen, teaches the limitations of claim 2 as mentioned above. Fukazawa does not explicitly teach “wherein the first temperature is 300°C or lower and the second temperature is 550°C or higher”. In a similar field of endeavor Miyahara teaches wherein the first temperature is 300°C or lower and the second temperature is 550°C or higher (see e.g., The temperature for forming the B-rich BN film of this state may fall within a range of 250 to 400 degrees C., especially 280 to 380 degrees C. For nitriding the B-rich BN film, the annealing process may be performed at a high temperature falling within a range of 550 to 900 degrees C., for example, at 700 degrees C. The annealing process may be performed using only the nitriding gas, Paras [0034], [0040], Figure 1). Therefore, it would have been obvious to one skilled in the art at the time the invention was effectively filed to implement Miyahara’s teachings of wherein the first temperature is 300°C or lower and the second temperature is 550°C or higher in the method of Fukazawa to form void free, high quality and thermally stable BN films in electronic devices. Regarding claim 6, Fukazawa, as modified by Miyahara and Chen, teaches the limitations of claim 1 as mentioned above. Fukazawa does not explicitly teach “wherein the depositing of the boron-rich boron nitride film and the heat-treating of the boron-rich boron nitride film are repeatedly performed a plurality of times.” In a similar field of endeavor Miyahara teaches wherein the depositing of the boron-rich boron nitride film and the heat-treating of the boron-rich boron nitride film are repeatedly performed a plurality of times (see e.g., a BN film having a predetermined thickness maybe obtained by repeating the process of forming a B-rich BN layer at a low temperature, and nitriding it at a high temperature a number of times, Para [0043]). Therefore, it would have been obvious to one skilled in the art at the time the invention was effectively filed to implement Miyahara’s teachings of wherein the depositing of the boron-rich boron nitride film and the heat-treating of the boron-rich boron nitride film are repeatedly performed a plurality of times in the method of Fukazawa to form void free, high quality and thermally stable BN films in electronic devices. Regarding claim 7, Fukazawa, as modified by Miyahara and Chen, teaches the limitations of claim 1 as mentioned above. Fukazawa does not explicitly teach “wherein the boron- containing gas includes diborane gas, and the nitrogen-containing gas includes an ammonia gas.” In a similar field of endeavor Miyahara teaches wherein the boron-containing gas includes diborane gas, and the nitrogen-containing gas includes an ammonia gas (see e.g., a diborane (B.sub.2H.sub.6) gas may be used as the boron-containing gas. An ammonia (NH.sub.3) gas may be used as the nitriding gas, Para [0032], Figure 1). Therefore, it would have been obvious to one skilled in the art at the time the invention was effectively filed to implement Miyahara’s teachings of wherein the boron- containing gas includes diborane gas, and the nitrogen-containing gas includes an ammonia gas in the method of Fukazawa to form void free, high quality and thermally stable BN films in electronic devices. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to FAKEHA SEHAR whose telephone number is (571)272-4033. The examiner can normally be reached Monday-Thursday 7:00 am - 5:00 pm. 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 on (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. /FAKEHA SEHAR/Examiner, Art Unit 2893 /YARA B GREEN/Supervisor Patent Examiner, Art Unit 2893
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Prosecution Timeline

Mar 29, 2023
Application Filed
Sep 17, 2025
Non-Final Rejection mailed — §103, §112
Oct 30, 2025
Response Filed
Dec 23, 2025
Final Rejection mailed — §103, §112
Mar 03, 2026
Request for Continued Examination
Mar 11, 2026
Response after Non-Final Action
Apr 23, 2026
Non-Final Rejection mailed — §103, §112 (current)

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Prosecution Projections

3-4
Expected OA Rounds
82%
Grant Probability
99%
With Interview (+18.8%)
3y 0m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 96 resolved cases by this examiner. Grant probability derived from career allowance rate.

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