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 I (claims 1-8, 11-13) in the reply filed on 04/23/2026 is acknowledged.
3. Claims 9-10 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 04/23/2026.
Claim Rejections - 35 USC § 102
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 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.
6. Claims 1-5, 8, 12 are rejected under 35 U.S.C. 102(a)(1) and/or 102(a)(2) as being anticipated by Lee (US 2018/0346811 A1).
As to claim 1, Lee discloses a etchant for removing silicon nitride comprises:
a siloxane compound modified with a compound having an alkyleneoxy group (See paragraph 0041; i.e. Silwet L-77 aka 3-(2-Methoxyethoxy)propyl-methyl-bis(trimethylsilyloxy)silane; See evidence reference PubChem “3-(2-Methoxyethoxy)propyl-methyl-bis(trimethylsilyloxy)silane” via https://pubchem.ncbi.nlm.nih.gov/compound/Silwet-L-77 Note: Silwet L-77 read on applicant’s limitation siloxane compound modified with a compound having an alkyleneoxy group);
a phosphoric acid (abstract, paragraph 0028);
water (paragraph 0026).
As to claim 2, Lee discloses wherein a siloxane compound modified with a compound having an alkylneoxy group, a phosphoric acid and water are blended to form the etchant (paragraph 0041, 0026-0028).
As to claim 3, Lee discloses a siloxane compound modified with a compound having an alkyleneoxy group is a siloxane with the following structure as shown below based on evidence reference (See paragraph 0041; i.e. Silwet L-77 aka 3-(2-Methoxyethoxy)propyl-methyl-bis(trimethylsilyloxy)silane. It is well known in the art that Silwet L-77 has the following structure (See evidence reference: PubChem “3-(2-Methoxyethoxy)propyl-methyl-bis(trimethylsilyloxy)silane” via https://pubchem.ncbi.nlm.nih.gov/compound/Silwet-L-77
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318
482
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Therefore, Lee discloses the siloxane compound modified with a compound having an alkyleneoxy group is a siloxane with the structure represented by formula (I):
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292
376
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Wherein R = methyl or methoxy group having 1 carbon atoms; r = 1 or 2; t = 1.
As to claim 4, Lee discloses the siloxane compound modified with a compound having an alkyleneoxy group is a siloxane with the structure represented by formula (II):
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289
569
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Wherein
Wherein R = methyl or methoxy group having 1 carbon atoms; r = 1 or 2; t = 1. s = 0; and t/(s+t) x 100 = 100 (within applicant’s range of “4 or more”)
As to claim 5, Lee discloses the R in the formula (I) is a methyl group or methoxy group (See structure of Silwet L-77 above).
As to claim 8, Lee discloses an etching temperature of 100 °C to 200 °C, preferable 150 to 180 °C (See paragraph 0065; Note: 150 °C, 180 °C or 200 °C are within applicant’s range of 110 °C or more and 250 °C or less).
As to claim 12, Lee discloses the R in the formula (II) is a methyl group or methoxy group (See structure of Silwet L-77 above).
Claim Rejections - 35 USC § 103
7. 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.
8. Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Lee (US 2018/0346811 A1) as applied to claims 1-5, 8 above, and further in view of Yoo (US 2020/0239771 A1)
As to claim 7, Lee fails to disclose the etchant having a pH of 2 or less. However, Lee clearly discloses the etchant is used to remove silicon nitride. Yoo discloses an etching solution to remove silicon nitride having a pH of 2 to 2.5 (paragraph 0089, 0096, within applicant’s range of 2 or less). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Lee in view of Yoo by having a pH of 2 because in the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists (See MPEP 2144.05(I)).
9. Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Lee (US 2018/0346811 A1) as applied to claims 1-5, 8 above, and further in view of Kim et al. (US 2020/0216758 A1)
As to claim 7, Lee fails to disclose the etchant having a pH of 2 or less. However, Lee clearly discloses the etchant is used to remove silicon nitride. Kim discloses an etching solution to remove silicon nitride having a pH of 1 or less (paragraph 0027, within applicant’s range of 2 or less). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Lee in view of Kim by having a pH of 2 because in the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists (See MPEP 2144.05(I)).
Allowable Subject Matter
10. Claims 6, 11, 13 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
11. The following is a statement of reasons for the indication of allowable subject matter:
As to claim 6, the cited prior arts fail to disclose or suggest wherein R in the formula (I) is a phosphate group.
As to claim 11, the cited prior arts fail to disclose or suggest wherein t/(s+t) is 10 or more and 80 or less in the formula (II).
As to claim 13, the cited prior arts fail to disclose or suggest wherein R in the formula (II) is a phosphate group.
Conclusion
12. Any inquiry concerning this communication or earlier communications from the examiner should be directed to BINH X TRAN whose telephone number is (571)272-1469. The examiner can normally be reached Monday-Friday.
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BINH X. TRAN
Examiner
Art Unit 1713
/BINH X TRAN/Primary Examiner, Art Unit 1713
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