Prosecution Insights
Last updated: April 19, 2026
Application No. 18/209,640

METHOD OF FORMING SiOCN LAYER

Non-Final OA §103
Filed
Jun 14, 2023
Examiner
WASHVILLE, JEFFREY D
Art Unit
1766
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Asm Ip Holding B V
OA Round
1 (Non-Final)
80%
Grant Probability
Favorable
1-2
OA Rounds
2y 10m
To Grant
75%
With Interview

Examiner Intelligence

Grants 80% — above average
80%
Career Allow Rate
988 granted / 1236 resolved
+14.9% vs TC avg
Minimal -5% lift
Without
With
+-4.9%
Interview Lift
resolved cases with interview
Typical timeline
2y 10m
Avg Prosecution
36 currently pending
Career history
1272
Total Applications
across all art units

Statute-Specific Performance

§101
0.1%
-39.9% vs TC avg
§103
50.6%
+10.6% vs TC avg
§102
32.8%
-7.2% vs TC avg
§112
12.3%
-27.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1236 resolved cases

Office Action

§103
DETAILED ACTION Notice of Pre-AIA or AIA Status 1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Election/Restrictions 2. Applicant’s election without traverse of Group 1, claims 1-18 in the reply filed on 10/15/2025 is acknowledged. Claims 12 and 19-21 are withdrawn from prosecution. Information Disclosure Statement 3. The information disclosure statement (IDS) submitted on 6/14/2023 was filed timely. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. Claim Rejections - 35 USC § 103 4. 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. 5. 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. 6. Claims 1, 5, 7 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over (US 2018/034035 A1) to Weimer et al. (hereinafter Weimer). Weimer is directed toward methods of providing coatings of silicon oxycarbonitride to a substrate. Weimer discloses at paragraph [0005] that a method of providing a silicon carbide film on a substrate that includes forming either a film of silicon oxycarbide (SiOC) and/or silicon carbonitride (SiCN). Weimer discloses at paragraph [0007] that a first and second organosilicon precursors are used, which are different silicon precursors. Weimer discloses at paragraph [0022] that one or more layers of film are deposited on a substrate that includes silicon oxycarbide and silicon carbonitride. Weimer discloses at paragraph [0023] that a silicon precursor is deposited on the substrate. Weimer discloses at paragraph [0041] that the reactants include options that contain neither an oxygen or a nitrogen atom, which form activated species that reacts with the silicon precursor. Weimer discloses at paragraph [0042] that a first co-reactant of He or H2 gas is introduced into the chamber that reacts with the silicon precursor, which does not comprise nitrogen nor oxygen. Weimer discloses at paragraph [0117] that a bilayer of SiCO/SiNC (this is identical to the claimed SiOC/SiCN layer claimed by the Applicants), which is done to act as a diffusion barrier preventing voltage leaks on coated substrates and would motivate one to select that method of coating a substrate. Weimer discloses at paragraph [0032] that different silicon precursors may be used alone or in combination. Weimer discloses at paragraph [0005] that the silicon precursors may be an alkylcarbosilane, a siloxane or a silazane. Weimer discloses at paragraph [0014] that Fig 2 illustrates structures of siloxane precursors having three or more Si-O bonds and reads on the structure of claim 10. One skilled in the art would be motivated to select from the available combinations Applicants method of coating a substrate that would act as a diffusion barrier, which forms a prime facie case of obviousness for claims 1, 5, 7 and 10. 7. Claims 2-11 and 13-18 are rejected under 35 U.S.C. 103 as being unpatentable over (US 2018/034035 A1) to Weimer et al. (hereinafter Weimer) in view of the teachings of (US 2017/0323782 A1) to Suzuki et al. (hereinafter Suzuki). Weimer is directed toward methods of providing coatings of silicon oxycarbonitride to a substrate. Weimer discloses at paragraph [0005] that a method of providing a silicon carbide film on a substrate that includes forming either a film of silicon oxycarbide (SiOC) and/or silicon carbonitride (SiCN). Weimer discloses at paragraph [0007] that a first and second organosilicon precursors are used, which are different silicon precursors. Weimer discloses at paragraph [0022] that one or more layers of film are deposited on a substrate that includes silicon oxycarbide and silicon carbonitride. Weimer discloses at paragraph [0023] that a silicon precursor is deposited on the substrate. Weimer discloses at paragraph [0041] that the first and second reactants include options that contain neither an oxygen or a nitrogen atom, which form activated species that reacts with the silicon precursor. Weimer discloses at paragraph [0042] that a first co-reactant of He or H2 gas is introduced into the chamber that reacts with the silicon precursor, which does not comprise nitrogen nor oxygen. Weimer discloses at paragraph [0117] that a bilayer of SiCO/SiNC (this is identical to the claimed SiOC/SICN layer claimed by the Applicants), which is done to act as a diffusion barrier preventing voltage leaks on coated substrates. Weimer discloses at paragraph [0032] that different silicon precursors may be used alone or in combination. Weimer discloses at paragraph [0005] that the silicon precursors may be an alkylcarbosilane, a siloxane or a silazane. Weimer discloses at paragraph [0014] that Fig 2 illustrates structures of siloxane precursors having three or more Si-O bonds and reads on the structure of claim 10. Suzuki is directed toward coating substrates with SiOC and SiCN films. Weimer and Suzuki are both directed toward coating substrates with SiOC and SiCN films and therefore are analogous art. Suzuki teaches at paragraph [0002] that nitrogen may cause photoresist poisoning. Suzuki teaches at paragraph [0003] that nitrogen is not present in the reactants in forming the SIOC films. Suzuki teaches at paragraph [0003] that nitrogen and the second reactant is hydrogen and does not comprise oxygen. Suzuki teaches at paragraph [0024] that the first and second reactants do not contain either oxygen or nitrogen. Suzuki teaches at paragraph [0022] that the first and second reactants are hydrogen, He or Ar. Suzuki teaches at paragraph [0008] that the silicon precursors may have a Si-O, Si-C bonds. Suzuki teaches at paragraph [0161] that the precursor may comprise Si-N, Si-O, Si-C or combinations of the bonds. Suzuki teaches in the Abstract that the methods and materials selections of reactant have an improved acid-based wet etch resistance, which would motivate one skilled in the art to combine the teachings of the references that forms a prime facie case of obviousness for claims 2-11 and 13-18. Conclusion 8. Any inquiry concerning this communication or earlier communications from the examiner should be directed to JEFFREY D WASHVILLE whose telephone number is (571)270-3262. The examiner can normally be reached M-F 9-5. 9. 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. 10. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Randy Gulakowski can be reached at 571-272-1302. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. 11. 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. /JEFFREY D WASHVILLE/Primary Examiner, Art Unit 1766
Read full office action

Prosecution Timeline

Jun 14, 2023
Application Filed
Jan 13, 2026
Non-Final Rejection — §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12599574
PROCESS OF MAKING MEMBRANE LIPID COATED NANOPARTICLES
2y 5m to grant Granted Apr 14, 2026
Patent 12600828
POLYAMIDE-IMIDE-BASED FILM, PREPARATION METHOD THEREOF, AND COVER WINDOW AND DISPLAY DEVICE COMPRISING THE SAME
2y 5m to grant Granted Apr 14, 2026
Patent 12600896
LIGNIN-BASED COMPOSITIONS AND RELATED HYDROCARBON RECOVERY METHODS
2y 5m to grant Granted Apr 14, 2026
Patent 12595367
POLYURETHANE COMPOSITION WITH GOOD ADHESION TO PLASTICS
2y 5m to grant Granted Apr 07, 2026
Patent 12595365
RESIN COMPOSITION
2y 5m to grant Granted Apr 07, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

AI Strategy Recommendation

Get an AI-powered prosecution strategy using examiner precedents, rejection analysis, and claim mapping.
Powered by AI — typically takes 5-10 seconds

Prosecution Projections

1-2
Expected OA Rounds
80%
Grant Probability
75%
With Interview (-4.9%)
2y 10m
Median Time to Grant
Low
PTA Risk
Based on 1236 resolved cases by this examiner. Grant probability derived from career allow rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month