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 .
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 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.
Response to Amendments/Arguments
Amendments made to claims 1, 14 and 19, as filed on February 17, 2026, are acknowledged.
Applicant's arguments, see Remarks filed on February 17, 2026, with respect to rejections under 35 USC §112 have been fully considered but they are not persuasive.
The Applicant argues that “inert" is not a relative term. Inert, such as an inert precursor, is readily recognized and appreciated in chemistry as a substance that is not chemically reactive”. However, this is simply not true. For example, nitrogen is provided as an example for either a “reactive gas” or an “inert gas” in an application filed by the current Applicant (US20200373318, paragraphs 0033 and 0053).
Applicant's arguments, see Remarks filed on February 17, 2026, with respect to prior art rejections to amended claims 1, 14 and 19 have been fully considered but they are not persuasive.
The Applicant argues that “Zhang simply does not teach or suggest the contacting removes the fluorinated portion of the stacked layers as recited in independent claims 1, 14, and 19”; however, Zhang does disclose “[d]uring the etch step, the substrate 110 is etched by exposing to the second plasma (block 307 in FIGS. 3A-3C) so as to remove all or a portion of the passivation layer 213” (paragraph 0047). Zhang further discloses layer 213 comprises SiOxFy (paragraph 0045), which reads on the fluorinated portion of the stacked layers (Fig. 2I). The Applicant further argues that “the method etches into alternating layers of both silicon nitride and silicon oxide instead by removing the fluorinated portion of the stacked layers of selectively etching just one material like Zhang”; however, this argument is not commensurate in scope with the claimed invention. During patent examination, the pending claims must be given their broadest reasonable interpretation consistent with the specification. Because applicant has the opportunity to amend the claims during prosecution, giving a claim its broadest reasonable interpretation will reduce the possibility that the claim, once issued, will be interpreted more broadly than is justified. Though understanding the claim language may be aided by explanations contained in the written description, it is important not to import into a claim limitations that are not part of the claim (see MPEP 2111).
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.
Claims 1-20 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 pre-AIA the applicant regards as the invention.
Regarding claims 1, 5, 8-9, 14 and 19, the limitation “inert precursor” contains a relative term “inert”, which renders the claim indefinite. The term “inert” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. For the purpose of this examination, the examiner interprets the limitation as “nitrogen, argon, helium, xenon, or other noble gases”, which has support in paragraph 0053 of the Specification as originally filed.
Regarding claims 2-14, they are indefinite due to their dependency on claim 1.
Regarding claims 15-18, they are indefinite due to their dependency on claim 14.
Regarding claim 20, it is indefinite due to its dependency on claim 19.
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.
Claims 1-3, 5, 8-9, 12-15 and 18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zhang et al. (US20220199418).
Regarding claim 1, Zhang discloses a semiconductor processing method (paragraph 0002) comprising: flowing a fluorine-containing precursor and a hydrogen-containing precursor into a processing region of a semiconductor processing chamber (step 304C, Fig. 3C and Fig. 1), wherein a substrate is positioned within the processing region (Fig. 1), and wherein alternating layers of silicon nitride and silicon oxide are disposed on the substrate (paragraph 0055 and Fig. 2I); forming plasma effluents of the fluorine-containing precursor and the hydrogen-containing precursor (step 304C, Fig. 3C); contacting the substrate with the plasma effluents of the fluorine-containing precursor and the hydrogen-containing precursor, wherein the contacting forms a fluorinated portion of the stacked layers (paragraph 0045 and step 305, Fig. 3C); flowing an inert precursor into the processing region of the semiconductor processing chamber (step 306, Fig. 3C and Fig. 1); forming plasma effluents of the inert precursor (step 306, Fig. 3C); and contacting the substrate with the plasma effluents of the inert precursor (step 307, Fig. 3C), wherein the contacting removes the fluorinated portion of the stacked layers (paragraph 0047), and wherein the method is performed at a chamber operating temperature of less than 0° C (paragraph 0046).
Regarding claim 2, Zhang discloses wherein the fluorine-containing precursor comprises nitrogen trifluoride (NF3, paragraph 0100 and Fig. 3C).
Regarding claim 3, Zhang discloses wherein the hydrogen-containing precursor comprises diatomic hydrogen (H2, paragraph 0043).
Regarding claim 5, Zhang discloses prior to flowing the inert precursor, halting a flow of the fluorine-containing precursor and a flow of the hydrogen-containing precursor after a first period of time; and purging the processing region with a purge precursor (paragraph 0051).
Regarding claim 8, Zhang discloses wherein the inert precursor comprises argon (paragraph 0065 and step 306, Fig. 3C).
Regarding claim 9, Zhang discloses applying a bias power while contacting the stacked layers with the plasma effluents of the inert precursor (paragraph 0065).
Regarding claim 12, Zhang discloses wherein the method is performed at a chamber operating temperature between −80° C to −50° C (paragraph 0046).
Regarding claim 13, Zhang discloses repeating the operations for at least two cycles (abstract and Fig. 3C).
Regarding claim 14, Zhang discloses a semiconductor processing method (paragraph 0002) comprising: i) flowing a fluorine-containing precursor and a hydrogen-containing precursor into a processing region of a semiconductor processing chamber (step 304C, Fig. 3C and Fig. 1), wherein a substrate is positioned within the processing region (Fig. 1), and wherein alternating layers of silicon nitride and silicon oxide are disposed on the substrate (paragraph 0055 and Fig. 2I); ii) forming plasma effluents of the fluorine-containing precursor and the hydrogen-containing precursor (step 304C, Fig. 3C); iii) contacting the stacked layers with the plasma effluents of the fluorine-containing precursor and the hydrogen-containing precursor, wherein the contacting forms a fluorinated portion of the stacked layers (paragraph 0045 and step 305, Fig. 3C); iv) flowing an inert precursor into the processing region of the semiconductor processing chamber (step 306, Fig. 3C and Fig. 1); v) forming plasma effluents of the inert precursor (step 306, Fig. 3C); vi) contacting the stacked layers with the plasma effluents of the inert precursor, wherein the contacting removes the fluorinated portion of the stacked layers (paragraph 0047); and vii) repeating operations i) through vi) for at least a second cycle (abstract and Fig. 3C).
Regarding claim 15, Zhang discloses wherein the fluorine-containing precursor further comprises nitrogen (NF3, paragraph 0100 and Fig. 3C).
Regarding claim 18, Zhang discloses wherein the method is performed at a chamber operating temperature between −80° C to −50° C (paragraph 0046).
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 of this title, 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 4, 7 and 11 are rejected under 35 U.S.C. 103 as being obvious over Zhang et al. (US20220199418) as applied to claim 1 above.
Regarding claims 4, Zhang is silent about wherein a flow rate ratio of the hydrogen-containing precursor relative to the fluorine-containing precursor is greater than or about 2:1. However, Zhang teaches that the ratio of silane (reads on hydrogen-containing precursor) to fluorine-containing precursor can be tuned to improve etch selectivity (paragraphs 0038-0039). Therefore, it would have been obvious to one of ordinary skill, in the art before the effective filing date of the claimed invention, to optimize the flow rate ratio of the hydrogen-containing precursor relative to the fluorine-containing precursor (a result-effective variable) to achieve desirable etching selectivity. Additionally, where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable range by routine experimentation and there is no evidence of the criticality of the claimed range. See MPEP 2144.05 II.
Regarding claim 7, Zhang discloses wherein the plasma effluents of the fluorine-containing precursor and the hydrogen-containing precursor are formed at a power between 1W to 10000W (paragraph 0044), which overlaps with the range recited in the instant claim. In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990). MPEP 2144.05(I).
Regarding claim 11, Zhang discloses wherein the method is performed at a chamber operating pressure of between 1 mTorr to 1 atm (paragraph 0041), which overlaps with the range recited in the instant claim.
Claim 6 is rejected under 35 U.S.C. 103 as being obvious over Zhang et al. (US20220199418) as applied to claim 5 above.
Regarding claim 6, Zhang discloses wherein the first period of time is between 0.01 sec to 60 minutes (paragraph 0041), which overlaps with the range recited in the instant claim.
Claim 10 is rejected under 35 U.S.C. 103 as being obvious over Zhang et al. (US20220199418) as applied to claim 9 above.
Regarding claim 10, Zhang discloses wherein the bias power is between 0 to 10000 W (paragraph 0065), which overlaps with the range recited in the instant claim.
Claims 16-17 are rejected under 35 U.S.C. 103 as being obvious over Zhang et al. (US20220199418) as applied to claim 14 above.
Regarding claim 16, Zhang discloses wherein a total flow rate including the fluorine-containing precursor is between 1sccm to 1000 sccm (paragraph 0041), which overlaps with the range recited in the instant claim.
Regarding claim 17, Zhang discloses operations i) through vi) are repeated for a plurality of cycles (paragraph 0050). Zhang is silent about the number of cycles is at least ten cycles. However, Zhang teaches that the cycles are repeated a plurality of times to achieve desired etching. Therefore, it would have been obvious to one of ordinary skill, in the art before the effective filing date of the claimed invention, to choose the number of cycles, including at least ten cycles, to be repeated in order to achieve desired etching depth, with a reasonable expectation of success.
Claims 19-20 are rejected under 35 U.S.C. 103 as being obvious over Zhang et al. (US20220199418).
Regarding claim 19, Zhang discloses a semiconductor processing method (paragraph 0002) comprising: flowing a fluorine-containing precursor and a hydrogen-containing precursor into a processing region of a semiconductor processing chamber (step 304C, Fig. 3C and Fig. 1), wherein a substrate is positioned within the processing region (Fig. 1), and wherein alternating layers of silicon nitride and silicon oxide are disposed on the substrate (paragraph 0055 and Fig. 2I); forming plasma effluents of the fluorine-containing precursor and the hydrogen-containing precursor (step 304C, Fig. 3C); contacting the stacked layers with the plasma effluents of the fluorine-containing precursor and the hydrogen-containing precursor, wherein the contacting forms a fluorinated portion of the stacked layers (paragraph 0045 and step 305, Fig. 3C); halting a flow of the fluorine-containing precursor and a flow of the hydrogen-containing precursor into the processing region (paragraph 0051 and Fig. 3C); flowing an inert precursor into the processing region of the semiconductor processing chamber (step 306, Fig. 3C and Fig. 1); forming plasma effluents of the inert precursor (step 306, Fig. 3C); and contacting the substrate with the plasma effluents of the inert precursor (step 307, Fig. 3C), wherein the contacting removes the fluorinated portion of the stacked layers (paragraph 0047), wherein the fluorinated portion of the stacked layers is characterized by a thickness of less than about 100 nm (paragraph 0070). Zhang is silent about wherein a flow rate ratio of the hydrogen-containing precursor relative to the fluorine-containing precursor is greater than or about 2:1. However, Zhang teaches that the ratio of silane (hydrogen-containing precursor) to fluorine-containing precursor can be tuned to improve etch selectivity (paragraphs 0038-0039). Therefore, it would have been obvious to one of ordinary skill, in the art before the effective filing date of the claimed invention, to optimize the flow rate ratio of the hydrogen-containing precursor relative to the fluorine-containing precursor (a result-effective variable) to achieve desirable etching selectivity. Additionally, where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable range by routine experimentation and there is no evidence of the criticality of the claimed range. See MPEP 2144.05 II.
Regarding claim 20, Zhang discloses wherein the method is performed at a chamber operating temperature between −80° C to −50° C (paragraph 0046).
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 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JIONG-PING LU whose telephone number is (571) 270-1135. The examiner can normally be reached on M-F: 9:00am – 5:00pm. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joshua L Allen, can be reached at telephone number (571)270-3176. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JIONG-PING LU/
Primary Examiner, Art Unit 1713