Prosecution Insights
Last updated: April 19, 2026
Application No. 18/239,041

DIELECTRIC PLASMA ETCHING USING C2H2F2

Non-Final OA §102§103
Filed
Aug 28, 2023
Examiner
CULBERT, ROBERTS P
Art Unit
1716
Tech Center
1700 — Chemical & Materials Engineering
Assignee
L'Air Liquide, Société Anonyme pour l'Etude et l'Exploitation des Procédés Georges Claude
OA Round
1 (Non-Final)
82%
Grant Probability
Favorable
1-2
OA Rounds
2y 5m
To Grant
78%
With Interview

Examiner Intelligence

Grants 82% — above average
82%
Career Allow Rate
659 granted / 809 resolved
+16.5% vs TC avg
Minimal -4% lift
Without
With
+-3.6%
Interview Lift
resolved cases with interview
Typical timeline
2y 5m
Avg Prosecution
20 currently pending
Career history
829
Total Applications
across all art units

Statute-Specific Performance

§101
0.5%
-39.5% vs TC avg
§103
42.6%
+2.6% vs TC avg
§102
35.1%
-4.9% vs TC avg
§112
9.4%
-30.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 809 resolved cases

Office Action

§102 §103
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. Claims 1, 2, 4, 5, 11-13, 15 and 17-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated US Publication 2022/0157614 to Oomori et al. Regarding Claims 1, 12 and 17, Oomori et al. teaches an etching method for forming an structure by selectively etching one or more dielectric films (Paragraph 27) in a substrate using a patterned mask layer (photoresist) deposited on top of the one or more dielectric films, the method comprising: mounting the substrate (18) in a reaction chamber (11); introducing an etching gas containing C₂H₂F₂ into the reaction chamber (Paragraph 26); converting the etching gas to a plasma; and allowing an etching reaction to proceed between the plasma and the one or more dielectric films so that the one or more dielectric films are selectively etched versus the patterned mask layer (photoresist) to form the aperture. Regarding Claims 2 and 13, Oomori et al. teaches (Paragraph 25) adding one or more hydrofluorocarbon or fluorocarbon etching gases to the etching gas C₂H₂F₂, wherein the one or more hydrofluorocarbon or fluorocarbon etching gases are selected from CF₄, C4F6, C4F8, C4H₂F₆, CHF₃, CH₂F₂, CH₃F, C₂F₆, C3F8, SF₆, NF₃, C₂F₄, C3F₆, C4F₁₀, C₅F₈, C₆F₆, C₁-C₆ CxFyH₂ molecule (x, y, and Z are integers), C₂H₅F, C₃H₇F, C₃H₂F₆, C₂HF₅, C₃H₂F₄, or combination thereof. Regarding Claims 4, 5, 15 and 17-19, Oomori et al. teaches (Paragraph 42) adding an inert gas to the etching gas C₂H₂F₂, wherein the inert gas is selected from Ar, Kr, Xe, Ne, N₂, He or combination thereof. Regarding Claims 11 and 12, Oomori et al. teaches the method of the invention substantially as claimed but does not expressly teach CO2 emissions are 10% lower than using CF4 as an etching gas. However, the same emissions are a result of the etching gas and process conditions and would reasonably be expected to be the same or else are the result of essential limitations which have not been claimed. Regarding Claim 17, as applied above, Oomori et al. teaches the method of the invention substantially as claimed including (Paragraph 46) a substrate temperature ranges from -20 to 300°C 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 3 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over US Publication 2022/0157614 to Oomori et al. in view of US Publication 2023/0215700 to Kumagai et al. Regarding Claims 3 and 14, as applied above, Oomori et al. teaches the method of the invention substantially as claimed, but does not expressly teach adding an additive to the etching gas C₂H₂F₂, wherein the additive is selected from H₂, SF₆, NF₃, NH₃, Cl₂, BCl₃, BF₃, Br₂, F2, FNO, FNO3, HBr, HCI, HI, IF5, IF₇ or HF. However, Kumagai et al. teaches (Paragraphs 102, 109, 113) additives for CxHyFx dielectric stack etching include the additive is selected from H₂, SF₆, NF₃, NH₃, Cl₂, BCl₃, BF₃, Br₂, F2, FNO, FNO3, HBr, HCI, HI, IF5, IF₇ or HF. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the additive gasses to etch a dielectric stack with predictable results. Claims 6-9, 16 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over US Publication 2022/0157614 to Oomori et al. in view of US Publication 2020/00234962 to Kato et al. Regarding Claims 6-9, 16 and 20, as applied above, Oomori et al. teaches the method of the invention substantially as claimed including C₂H₂F₂ etch gas, but does not expressly teach isomers. However, isomer alternatives are well known for etching gas processing. For example, Kato et al. teaches (Paragraphs 137-141) isomers as alternatives for C₂H₂F₂. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the 4 isomers of C₂H₂F₂ as an etch gas with predictable results. Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over US Publication 2022/0157614 to Oomori et al. in view of US Publication 2005/0266691 to Gu et al. Regarding Claims 10, as applied above, Oomori et al. teaches the method of the invention substantially as claimed including C₂H₂F₂ etch gas for silicon compound films such as silicon oxide and nitride (Paragraphs 3-4), but does not expressly teach SiCOH films. However, Gu et al. teaches etching a recess in silicon containing films such as silicon oxide and SiCOH (See at least Abstract and Paragraphs 82 and 189) using CxHyFx etch gas mixtures. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the silicon containing films such as silicon oxide and SiCOH in the method of Oomori et al. in order to form a recess with predictable results. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US Publication 2015/0097276 to Kim et al. teaches etching alternating oxide and nitride layers with gas containing C₂H₂F₂. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Roberts P Culbert whose telephone number is (571)272-1433. The examiner can normally be reached Monday thru Thursday 7:30 AM-6 PM EST. 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, Parviz Hassanzadeh can be reached at 571-272-1435. 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. /ROBERTS P CULBERT/Primary Examiner, Art Unit 1716
Read full office action

Prosecution Timeline

Aug 28, 2023
Application Filed
Mar 05, 2026
Non-Final Rejection — §102, §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12598928
APPARATUS AND METHODS FOR SELECTIVELY ETCHING SILICON OXIDE FILMS
2y 5m to grant Granted Apr 07, 2026
Patent 12584039
SLURRY COMPOSITION FOR A CHEMICAL MECHANICAL POLISHING
2y 5m to grant Granted Mar 24, 2026
Patent 12577466
PHOTORESIST DEVELOPMENT WITH ORGANIC VAPOR
2y 5m to grant Granted Mar 17, 2026
Patent 12575352
ETCHING METHOD AND ETCHING APPARATUS
2y 5m to grant Granted Mar 10, 2026
Patent 12575353
METHOD FOR LATERAL ETCH WITH BOTTOM PASSIVATION
2y 5m to grant Granted Mar 10, 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
82%
Grant Probability
78%
With Interview (-3.6%)
2y 5m
Median Time to Grant
Low
PTA Risk
Based on 809 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