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 .
Response to Amendment
The present amendment, filed on or after 08/07/ 2025, has been entered. Claims 1, 7, 11, and 17 have been amended, and Claim 6 has been canceled by the applicant. Accordingly, claims 1-5 and 7-20 remain pending in the application.
Applicant’s amendment to claim 17 has overcome the 35 U.S.C. 112(b) rejection previously set forth in the Non-Final Office Action mailed on 05/07/2025.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 4 and 5 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Regarding claim 4, claim 4 is dependent on claim 1 and discloses the limitation that
“forming the plurality of islands of first material on the plurality of first sections of the layer comprises:
depositing the first material on the plurality of first sections and the plurality of second sections of the layer; and
selectively removing the first material from the plurality of second sections of the layer, such that the first material remains on the plurality of first sections of the layer to thereby form the plurality of islands of first material.”,
which is in conflict with the limitations disclosed in the amended claim 1 about the deposition process:
“forming the plurality of islands of first material on the plurality of first sections of the layer comprises
depositing the first material on the layer through a mask, such that the first material is deposited on the plurality of first sections of the layer, without being deposited on the plurality of second sections of the layer; and
removing the mask.”.
The deposition process disclosed in claim 4 cannot be incorporated with the deposition process disclosed in claim 1, and also in case of possible incorporation, the combination represents a new subject matter which is not described in the whole disclosure. Therefore, claim 4 is rejected.
Regarding claim 5, claim 5 is also rejected due to its dependency on claim 4.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
(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.
Claims 1-2, 7-9, 11-18, and 20 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Maik (DE 102016114197 A1).
Regarding claim 1, Maik teaches a method (Figs. 3A-C, [0166]-[0171]) comprising:
forming a plurality of islands of first material (sacrificial material 202o on the plurality of regions 204, Figs. 3A-B, [0168]) on a plurality of first sections (plurality of regions 204, Fig. 3A-B, [0168]) of a layer (substrate 102, Figs. 3A-B, [0166]), wherein a plurality of second sections (regions between the plurality of regions 204, Figs. 3A-B) of the layer (substrate 102, Figs. 3A-B) are not covered by the first material (sacrificial material 202o, Fig. 3A-B: only the plurality of regions 204 are covered by the sacrificial layer 202o);
depositing a second material (target material 202t, Fig. 3A-B, [0169]: target material to be structured is deposited ([0061])) on (i) the plurality of islands of first material (sacrificial material 202o, Figs. 3A: target material 202t covers the sacrificial material 202o) and (ii) the plurality of second sections of the layer (regions between the plurality of regions 204 on the substrate 102, Figs. 3A-B) that are not covered by the plurality of islands of first material (sacrificial material 202o); and
evaporating and/or sublimating ([0170]: “The removal of the sacrificial material 202o can take place through the target material 202t. For this purpose, the sacrificial material 202o can be converted, for example, into a gaseous aggregate state, ...”) the plurality of islands of first material (sacrificial material 202o, Figs. 3A-C) and removing remnants of the second material (see the remnants of the second material as labeled in Illustrative Fig. 1, which is annotated version of Maik’s Figs. 3A (before evaporation/sublimation) and 3C (after evaporation/sublimation); the remnants of the second material is completely gone in Fig. 3C) that were on the plurality of islands of the first material (sacrificial material 202o, Illustrative Fig. 1), such that the second material (target material 202t, Illustrative Fig. 1) remains on the plurality of second sections of the layer (regions between the plurality of regions 204, labeled as second sections in Illustrative Fig. 1), to thereby form a pattern of the second material (pattern of target material 202t, Illustrative Fig. 1 (3C portion) and Fig. 3B) on the layer (the substrate 102, Illustrative Fig. 1 and Fig, 3B);
wherein forming the plurality of islands of first material (sacrificial material 202o on the regions 204, Figs. 3A-B, [0168]) on the plurality of first sections of the layer (plurality of regions 204, Fig. 3A-B) comprises:
depositing the first material (sacrificial material 202o on the regions 204, Figs. 3A-B and Fig. 18B) on the layer (substrate 102, Figs. 3A-B and Fig. 18B, [0325]) through a mask (mask 502, Fig. 18B, [0325]), such that the first material (sacrificial material 202o, Fig. 18B: shown as 202 as both sacrificial and target layers can be deposited by the same method ([0324])) is deposited on the plurality of first sections (plurality of regions 204, Figs. 3A-B: corresponds to the deposited regions in Fig. 18B) of the layer (substrate 102, Figs. 3A-B and 18B), without being deposited on the plurality of second sections (regions between 202 in Fig. 18B) of the layer (substrate 102, Fig. 18B); and
removing the mask (mask is a shadow mask or exchange mask ([0325]), which is to be removed after deposition, as Figs. 3A-B also do not show a mask on the structure).
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Regarding claim 2, Maik teaches the method of claim 1, wherein the first material (sacrificial material 202o, Fig. 3A-B, [0168) is a monomer ([318]: “…the sacrificial material 202o ….may comprise or be formed from … a monomer …”).
Regarding claim 7, Maik teaches the method of claim 1, wherein the mask (mask 502, Fig. 18B, [00325]) is a shadow mask (0325]).
Regarding claim 8, Maik teaches the method of claim 1, wherein evaporating and/or sublimating the plurality of islands (sacrificial material 202o on the regions 204, Figs. 3A-B, [0168]) of first material (sacrificial material 202o) comprises evaporating and/or sublimating the plurality of islands (sacrificial material 202o on the regions 204) of first material (sacrificial material 202o) at a temperature (at a temperature at which the sacrificial material (202o) transitions to a gaseous aggregate state but the target material 202t does not) that is at most 500 °C (less than 500° C, [0176]).
Regarding claim 9, Maik teaches the method of claim 1, wherein evaporating and/or sublimating (conversion into a gaseous state by means of irradiation, [0016]) the plurality of islands (sacrificial material 202o on the regions 204, Figs. 3A-B, [0168]) of first material (sacrificial material 202o, Figs. 3A-B, [0168]) comprises evaporating and/or sublimating the plurality of islands (sacrificial material 202o on the regions 204, Figs. 3A-B) of first material (sacrificial material 202o, Figs. 3A-B) under an at least partial vacuum environment ([0032]: “… irradiation can be carried out in a vacuum.”).
Regarding claim 11, Maik teaches a method (Figs. 3A-C, [0166]-[0171]) comprising:
forming a structure of a monomer (pattern of sacrificial material 202o, Figs. 3A-B, [0168], “…the sacrificial material 202o ….may comprise or be formed from … a monomer …” ([[0318])) on a first section (plurality of regions 204, Figs. 3A-B) of a layer (substrate 102, Figs. 3A-B, [0166]), wherein a second section (regions between the plurality of regions 204, Figs. 3A-B) of the layer (substrate 102, Figs. 3A-B) adjacent to the first section (plurality of regions 204) is not covered by the structure of monomer (sacrificial material 202o, Fig. 3A-B: sacrificial material 202o is only on the plurality of regions 204);
depositing a material (target material 202t, Fig. 3A-B, [0169]: target material 202t is deposited, [0145]) on (i) the structure of monomer (sacrificial material 202o on the plurality of regions 204, Fig. 3A) that is on the first section (plurality of regions 204, Figs. 3A-B) of the layer (substrate 102, Figs. 3A-B) and (ii) the second section (regions between the plurality of regions 204, Figs. 3A-B) of the layer (substrate 102, Figs. 3A-B); and
removing the structure of monomer (sacrificial material 202o, Figs. 3C, [0170]: sacrificial material 202o is removed) and removing remnant of the material (portions of the target material 202t on the sacrificial material 202o, see Illustrative Fig. 1) that was on the structure of monomer (sacrificial material 202o, Illustrative Fig. 1: sacrificial layer 202o is absent everywhere after removal);
wherein forming the structure of the monomer (pattern of sacrificial material 202o, Figs. 3A-B) on the first section (plurality of regions 204, Figs. 3A-B) of the layer (substrate 102, Figs. 3A-B) comprises depositing the structure of the monomer (pattern of sacrificial material 202o on the regions 204, Figs. 3A-B and Fig. 18B) on the first section (plurality of regions 204, Figs. 3A-B: corresponds to the deposited regions in Fig. 18B) of the layer (substrate 102, Fig. 18B) through a mask (mask 502, Fig. 18B, [0325]), such that the structure of the monomer (pattern of sacrificial material 202, Fig. 18B) is deposited on the first section (plurality of regions 204, Figs. 3A-B: corresponds to the deposited regions in Fig. 18B) of the layer (substrate 102, Fig. 18B), without being deposited on the second section (regions between 202 in Fig. 18B) of the layer (substrate 102, Fig. 18B); and
removing the mask (mask is a shadow mask or exchange mask ([0325]), which is to be removed after deposition, as Figs. 3A-B also do not show a mask on the structure).
Regarding claim 12, Maik teaches the method of claim 11, wherein the structure of monomer (sacrificial material 202o on regions 204, Fig. 3A-B, [0168]) is removed without using a chemical etch process or photolithography ([00179]: sacrificial layer 202o is removed by converting it to a gaseous state).
Regarding claim 13, Maik teaches the method of claim 11, wherein removing the structure of monomer (sacrificial material 202o on regions 204, Fig. 3A-B, [0168]) comprises causing a physical change of the structure of monomer ([0179]: sacrificial layer 202o is converted to a gaseous state), to thereby removing the structure of monomer ([0179]: sacrificial layer 202o is removed by converting it to a gaseous state).
Regarding claim 14, Maik teaches the method of claim 11, wherein removing the structure of monomer (sacrificial layer 202o, Fig. 3A-C) comprises evaporating and/or sublimating the structure of monomer ([0179]: sacrificial layer 202o is removed by converting it to a gaseous state, i.e. by sublimation).
Regarding claim 15, Maik teaches the method of claim 11, wherein the material (target material 202t, Fig. 3A-B, [0169]) remains on the second section (regions between regions 204, Figs. 3A-B) of the layer (substrate 102, Figs. 3A-C, [0166]: Fig. 3C shows that the material remains on the second section).
Regarding claim 16, Maik teaches the method of claim 11, wherein the material (target material 202t, Fig. 3A-B, [0169]) is a dielectric material or a conductive material ([0044]: “… the target material may … be formed from a metal.”).
Regarding claim 17, Maik teaches a method comprising:
forming a structure of a sacrificial material (pattern of sacrificial material 202o, Figs. 3A-B, [0168]) on a first section (plurality of regions 204, Figs. 3A-B, [0168]) of a layer (substrate 102, Figs. 3A-B, [0166]), wherein a second section (regions between the plurality of regions 204, Figs. 3A-B) of the layer (substrate 102, Figs. 3A-B) adjacent to the first section (plurality of regions 204, Figs. 3A-B) is not covered by the structure of sacrificial material (sacrificial material 202o, Fig. 3A-B, [0168]: only regions 204 are covered by the sacrificial layer 202o);
depositing a first material (target material 202t, Fig. 3A-B, [0169]: target material to be structured is deposited, [0061]) on (i) the structure of sacrificial material (pattern of sacrificial material 202o, Figs. 3A-B: target material 202t cover the sacrificial material 202o) and (ii) the second section (regions between the plurality of regions 204 on the substrate 102, Figs. 3A-B: target material 202t is on the entire surface of the substrate 102) of the layer (substrate 102, Figs. 3A-B); and
removing (Fig. 3C) the structure of sacrificial material (pattern of sacrificial material 202o, Figs. 3A-C) by causing a physical change ([0170]: sacrificial layer is converted from a solid state to a gaseous state during removal) to the structure of sacrificial material (sacrificial material 202o), and removing portions of the second material (portions of the target material 202t on the sacrificial material 202o, Figs. 3A-C (see also Illustrative Fig. 1) that was on the structure of sacrificial material (pattern of sacrificial material 202o on the plurality of regions 204, Fig. 3A-C);
wherein forming the structure of the sacrificial material (pattern of sacrificial material 202o, Figs. 3A-B) on the first section (plurality of regions 204, Figs. 3A-B) of the layer (substrate 102, Figs. 3A-B) comprises depositing the structure of the sacrificial material (pattern of sacrificial material 202o on the regions 204, Figs. 3A-B and Fig. 18B, [0325]) on the first section (plurality of regions 204, Figs. 3A-B: corresponds to the deposited regions in Fig. 18B) of the layer (substrate 102, Fig. 18B) through a mask (mask 502, Fig. 18B, [0325]), such that the structure of the sacrificial material (pattern of sacrificial material 202, Figs. 3A-B and Fig. 18B, [0325]) is deposited on the first section (plurality of regions 204, Figs. 3A-B: corresponds to the deposited regions in Fig. 18B) of the layer (substrate 102, Fig. 18B), without being deposited on the second section (regions between 202 in Fig. 18B) of the layer (substrate 102, Fig. 18B); and
removing the mask (mask is a shadow mask or exchange mask ([0325]), which is to be removed after deposition, as Figs. 3A-B also do not show a mask on the structure).
Regarding claim 18, Maik teaches the method of claim 17, wherein causing the physical change to the structure of sacrificial material (sacrificial material 202o, Figs. 3A-B, [0168]) comprises:
evaporating and/or sublimating the structure of sacrificial material ([00179]: sacrificial layer 202o is removed by converting it to a gaseous state).
Regarding claim 20, Maik teaches the method of claim 17, wherein the sacrificial material (sacrificial material 202o, Figs. 3A-B, [0168]) comprises a monomer ([318]: “…the sacrificial material 202o …. may comprise or be formed from … a monomer …”).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claims 3 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Maik (DE 102016114197 A1) in view of Kim (KR 100821836 B1).
Regarding claim 3, while Maik teaches the method of claim 1,
Maik does not teach that removing the remnants of the second material that were on the plurality of islands of the first material comprises:
removing the remnants of the second material using compressed gas.
Kim, on the other hand, teaches a method for cleaning the remnants on the surface of the sample after removal of poly metal dielectric (PMD) layer by spraying compressed air on the sample (lines 133-135, and 161-162).
Therefore, a person of ordinary skill in the art before the effective filing date of the claimed invention would be motivated to include spraying compressed air on the patterned surface, as taught by Kim, in the method of Maik which would provide the benefit of removing any remnants of the second material and any other foreign substances (Kim, lines 83-86) from the patterned surface.
Thus, the combination of Maik and Kim meets the limitations of claim 3, such that
removing the remnants of the second material that were on the plurality of islands of the first material comprises:
removing the remnants of the second material using compressed gas.
Regarding claim 19, while Maik teaches the method of claim 17,
Maik does not teach that removing portions of the second material that was on the structure of sacrificial material comprises:
removing, using compressed gas, portions of the second material that was on the structure of sacrificial material.
Kim, on the other hand, teaches a method for cleaning the remnants on the surface of the sample after removal of poly metal dielectric (PMD) layer by spraying compressed air on the sample (lines 133-135, and 161-162).
Therefore, a person of ordinary skill in the art before the effective filing date of the claimed invention would be motivated to include spraying compressed air on the patterned surface, as taught by Kim, in the method of Maik which would provide the benefit of removing any remnants of the second material and any other foreign substances (Kim, lines 83-86) from the patterned surface.
Thus, the combination of Maik and Kim meets the limitations of claim 19, such that
removing portions of the second material that was on the structure of sacrificial material comprises:
removing, using compressed gas, portions of the second material that was on the structure of sacrificial material.
Claims 10 is rejected under 35 U.S.C. 103 as being unpatentable over Maik (DE 102016114197 A1).
Regarding claim 10, Maik teaches the method of claim 1, wherein
Maik further teaches that a thickness (thickness 202p, Fig. 3A, [0169]) of at least one island of the plurality of islands (sacrificial material 202o on the regions 204, Figs. 3A, [0168]) of first material (sacrificial material 202o, Figs. 3A, [0169]) is at least 75% ([0169]) of the thickness (thickness 202p, Fig. 3A, [0169]) of the second material (sacrificial material 202t, [0169]) measured from the surface of the substrate (substrate 102, Figs. 3A-B, [0166]) to the top planar surface of the second material (sacrificial material 202t). This would imply that the thickness (thickness 202p, Fig. 3A) of the plurality of islands (sacrificial material 202o, Fig. 3A) is at least 3 times of the thickness (or 200% more) of the portion of second material (target material 202t Fig. 3A) located on the first material (sacrificial material 202o, Fig. 3A, [0169]). A person of ordinary skill in the art before the effective filing date of the claimed invention who aims to pattern a target material without planarizing the top surface (such as a surface resulting from a conformal deposition of a target material, as shown in Branton (US 2007/0128357 A1, Fig. 1D, where the first material is condensate layer 30 and the second material (material layer 42) is conformally deposited on the first material, [0049]), would be motivated to select the thicknesses such that the thickness of at least one island of the plurality of islands of first material is at least 20% more (Maik discloses at least 200% more) than a thickness of the second material deposited on at least one of the plurality of second sections of the layer, wherein the thicknesses are measured in a direction that is perpendicular to a plane of the layer.
Therefore, the range of thickness provided by the prior art overlaps with the range of thickness provided in the claimed invention, and a prima facie case of obviousness exists (see MPEP 2144.05(I)), as the range of thickness of the trapping layer can be optimized by routine experimentation to achieve desired reliability of the claimed method (see MPEP 2144.05(II)). Therefore, the range of values provided does not hold an inventive subject matter.
Response to Arguments
It has been acknowledged that the applicant amended claims 1, 7, 11, and 17 per response dated on 08/07/2025. Applicant's arguments with respect to claims have been fully considered, but they are not persuasive.
Applicant argues in substance:
“In the Office Action, the Office asserts that Maik teaches the above italicized limitation in Figures 3A-3C. Non-Final Office Action, Pg. 4. Applicant respectfully disagrees.
As shown in Figure 3A, sacrificial material 202o is buried by target material 202t. See Maik, Para. [0168]. The sacrificial material 202o is then removed to form a pattern. Id., at para. [0171]. Claim 1, however, requires "removing remnants of the second material that were on the plurality of islands of the first material." Stated differently, Claim 1 requires the removal of two materials from the first plurality of islands: the first material (equated to the sacrificial material of Maik) as well as the second material (equated to the target material of Maik). Maik, however, retains the target material over the plurality of islands as shown in Figure 3A. Accordingly, Maik fails to expressly or inherently teach every element of Claim 1. Applicant, therefore, respectfully requests that the 35 U.S.C. §102 rejections issued against Claims 1-2, 4, 6-9, 11-18, and 20 be withdrawn.”
The Examiner respectfully disagrees with the Applicant on that “Maik retains the target material over the plurality of islands”. The Applicant bases this assertion on Maik’s Figure 3A. But, the final step of Maik’s method is actually illustrated in Figure 3C, and as it can be clearly seen in Figure 3C, the target material over the plurality of islands is removed during the process. Therefore, Maik teaches the inventions disclosed in claims 1, 11, and 17. In case, the Applicant claims that the target material over the plurality of islands should be removed at a specific step, then this should be disclosed clearly in independent claims 1, 11, and 17.
The amended claim 1 now also includes the limitations of the canceled claim 6. Because claim 6 was rejected based on Maik in the non-final office action mailed on 05/07/2025, amended claim 1 failed to overcome the rejection based on Maik. Due to same reasons, amended independent claims 11 and 17 also remain rejected based on Maik.
Among remaining claims, claims 4-5 are now rejected under 35 U.S.C. 112(a), because claim 4 has conflicting limitations with amended claim 1, as detailed in the office action above. The remaining claims (claims 2-3, 7-10, 12-16, and 18-20) are also rejected based on the prior art of the non-final office action.
For the purpose of compact prosecution, the Examiner notes, however, that incorporation of limitations related to materials included in the method and/or more detailed description of the steps involved might render claims 1, 11, and 17 non-obvious and inventive.
The Examiner is available for an interview at Applicant’s convenience if the Applicant would like to discuss the application.
Conclusion
THIS ACTION IS MADE FINAL. 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 nonprovisional extension fee (37 CFR 1.17(a)) 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 mailing date of this final action.
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/ILKER NMN OZDEN/
Examiner, Art Unit 2812
/William B Partridge/Supervisory Patent Examiner, Art Unit 2812
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