Prosecution Insights
Last updated: April 19, 2026
Application No. 18/325,423

ETCHING METHOD AND PLASMA PROCESSING APPARATUS

Non-Final OA §103
Filed
May 30, 2023
Examiner
KLUNK, MARGARET D
Art Unit
1716
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Tokyo Electron Limited
OA Round
1 (Non-Final)
44%
Grant Probability
Moderate
1-2
OA Rounds
3y 11m
To Grant
73%
With Interview

Examiner Intelligence

Grants 44% of resolved cases
44%
Career Allow Rate
188 granted / 432 resolved
-21.5% vs TC avg
Strong +30% interview lift
Without
With
+29.9%
Interview Lift
resolved cases with interview
Typical timeline
3y 11m
Avg Prosecution
42 currently pending
Career history
474
Total Applications
across all art units

Statute-Specific Performance

§101
0.7%
-39.3% vs TC avg
§103
51.0%
+11.0% vs TC avg
§102
14.5%
-25.5% vs TC avg
§112
25.6%
-14.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 432 resolved cases

Office Action

§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 Interpretation The term “tendency” is interpreted inclusive of the definition of “the purposeful trend” such that the use of “tendency to increase” in claim 1, second to last line, and “tendency to decrease” in claim 8, second to last line, are inclusive of the controller is configured to change the voltage (claim 1) or duty ratio (claim 8) to result in a purposeful trend of increasing the absolute value of the negative potential of the substrate (claim 1) or decreasing the duty ratio of the pulse (claim 8). 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. 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. Claim(s) 1-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Patent Application Publication 2018/0166249 of Dorf et al., hereinafter Dorf, in view of US Patent Application Publication 2012/0052689 of Tokashiki, hereinafter Tokashiki. Regarding claim 1, Dorf teaches a plasma processing apparatus [0003] (Fig 2) comprising: a chamber [0026]; a substrate support (205 Fig 2) having a lower electrode (213 Fig 2) and provided in the chamber [0026]; a bias power source electrically connected to the lower electrode (230 Fig 2) and configured to periodically generate a pulse of a voltage [0027]; and a controller (220 Fig 2) [0027] configured to control the bias power source [0027], wherein the controller is configured to (b) control the bias power source to periodically apply the pulse to the lower electrode to supply ions from the plasma to a substrate on the substrate support, thereby etching a film of the substrate [0027-0029], [0032], and in said (b), the bias power source is controlled to change a level of a voltage of the pulse at least once such that an absolute value of a negative potential of the substrate has a tendency to increase according to progress of etching of the film (Fig 3) [0030]. Dorf fails to explicitly teach a gas supply configured to supply a processing gas into the chamber; a plasma generator configured to generate plasma from a gas in the chamber; the controller configured to control the gas supply, the plasma generator, and the controller is configured to (a) control the gas supply and the plasma generator to generate plasma of the processing gas in the chamber. Dorf does teach using the substrate support in conventional etching apparatuses [0026] which typically include a gas introduction and plasma generator. Further, in the same field of endeavor of plasma etching apparatuses (abstract), Tokashiki teaches a gas supply configured to supply a processing gas into the chamber [0037]; a plasma generator configured to generate plasma from a gas in the chamber [0037]; the controller (128 Fig 1) configured to control the gas supply [0038-0041], the plasma generator[0038-0041], and the controller is configured to (a) control the gas supply and the plasma generator to generate plasma of the processing gas in the chamber [0038-0041]. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the apparatus and controller of Dorf to include a gas supply configured to supply a processing gas into the chamber; a plasma generator configured to generate plasma from a gas in the chamber; the controller configured to control the gas supply, the plasma generator, and the controller is configured to (a) control the gas supply and the plasma generator to generate plasma of the processing gas in the chamber because Tokashiki teaches these structures as part of the apparatus and the control of such allows for automated control of the apparatus to reduce operational costs. Regarding claim 2, Dorf teaches the bias power source is configured to generate, as the pulse, a pulse of a negative voltage or a pulse of a negative direct-current voltage (Fig 1(a), 1(b)) [0028-0029]. Regarding to increase an absolute value of the voltage of the pulse at least once such that the absolute value of the voltage of the pulse has a tendency to increase according to the progress of the etching of the film, in said (b), Dorf teaches the controller is configured to adjust the voltage pulses according to set inputs [0028-0029] such that the controller is configured to increase the absolute value of the voltage at least once such that the absolute value of the pulse has a tendency (trend) to increase because the controller is configured to adjust the pulses. Regarding claim 3, Dorf teaches the power source is configured to set and adjust a duty ratio of the pulse [0028-0029] but fails to teach it is set to 20% or less. Tokashiki teaches the duty ratio may be in a range including 10% [0044]. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Dorf to include a duty ratio of 10% because Tokashiki teaches this is a viable duty ratio. Regarding claim 4, Dorf teaches the bias power source is configured to set and change the duty ratio [0028-0029], the ability to change the duty ratio is inclusive of increasing or decreasing the duty ratio such that the bias power source is configured to decrease a duty ratio of the pulse at least once such that the duty ratio of the pulse has a tendency to decrease according to the progress of the etching of the film, in said (b) (Dorf [0028-0029]). Regarding claim 5, the combination remains as applied to claim 4 above. Dorf teaches the power source is configured to set and adjust a duty ratio of the pulse [0028-0029] but fails to teach it is set to 15% or more and 20% or less. Tokashiki teaches the duty ratio may be in a range including 10-20% [0044]. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Dorf to include a duty ratio of 15-20% because Tokashiki teaches this is a viable duty ratio. Regarding claim 6, the combination remains as applied to claim 4 above. The adjustment of the duty ratio control is inclusive of stepwise or gradual change [0028-0029] because this is a result of the specific change command and the controller of Dorf is configured to adjust the duty ratio. Regarding claim 7, Dorf teaches the voltage may be adjusted by the power source [0028-0029] and this change is inclusive of stepwise or gradual change [0028-0029]. Also note Dorf demonstrates gradual changes in voltage (Fig 1(a)). Regarding claim 8 and 9, the combination remains as applied to the analogous limitations of claims 1-5. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US Patent Application Publication 2009/0194508 teaches negative pulsing (Fig 1-3). US 2019/0333739 teaches applying a DC voltage and decreasing the frequency (Fig 4). Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARGARET D KLUNK whose telephone number is (571)270-5513. The examiner can normally be reached Mon - Fri 9:30-5:30. 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. /MARGARET KLUNK/Examiner, Art Unit 1716 /KEATH T CHEN/Primary Examiner, Art Unit 1716
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Prosecution Timeline

May 30, 2023
Application Filed
Mar 21, 2026
Non-Final Rejection — §103 (current)

Precedent Cases

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
44%
Grant Probability
73%
With Interview (+29.9%)
3y 11m
Median Time to Grant
Low
PTA Risk
Based on 432 resolved cases by this examiner. Grant probability derived from career allow rate.

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