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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 3/19/2026 has been entered.
Response to Arguments
Applicant’s arguments have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Claim Rejections - 35 USC § 102
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 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.
Claim(s) 1-3, 6, 8 and 11 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Haukka et al. (US 2018/0243787 A1)
As to claim 1, Haukka et al. teaches a film forming method of forming a metal-containing film on a substrate (abstract), the film forming method comprising: a) supplying a metal-containing gas to the substrate (referred to as first precursor and others, Figs. 1-6, steps 130,230,330 etc.); b) supplying a reactive gas to the substrate, the reactive gas being reactive with the metal-containing gas (steps 150,250,350 etc. in Figs 1-6); and c) supplying a first gas to the substrate during the surface treatment step 120,220,320 etc. in Figs. 1-6, the first gas containing a halogen gas, a hydrogen halide gas, or both, wherein the first gas is absorbed onto the substrate or reacts with the metal-containing gas, and wherein in the supplying of the first gas, the first gas is different from the metal-containing gas and the reactive gas, and the first gas reduces an amount of the metal- containing gas absorbed onto the substrate (halogen gases, different from those in Figs 1-6 for metal precursors are given in paras 0027, 0030, where the halogen gas blocks deposition sites/inhibits deposition of the metal in para 0030, for example).
As to claim 2, including the limitations of claim 1 as taught above, Haukka includes depositing a silicon containing film on the substrate before metal deposition (a dielectric film such as SiO2 in para 0003-0016, 0326, for example).
As to claims 3 and 8, the inhibition halogen gas may be performed before, as shown in Figs. 1-6.
As to claims 6 and 11, the processes in Figs. 1-6 are ALD (para 0006).
Claim(s) 1-3, 6, 8 and 11 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Muscat (US 2006/0199399 A1)
As to claim 1, Muscat teaches a film forming method of forming a metal-containing film on a substrate (abstract), the film forming method comprising: a) supplying a metal-containing gas to the substrate (para 0105-0106); b) supplying a reactive gas to the substrate, the reactive gas being reactive with the metal-containing gas (ALD, para 0106); and c) supplying a first gas to the substrate during the surface treatment step (chlorinated/activated surfaces para 0105-0106), the first gas containing a halogen gas, a hydrogen halide gas, or both, wherein the first gas is absorbed onto the substrate or reacts with the metal-containing gas, and wherein in the supplying of the first gas, the first gas is different from the metal-containing gas and the reactive gas, and the first gas reduces an amount of the metal- containing gas absorbed onto the substrate (halogen gases, different from the metal gases such as chlorine gas para 0017, 0054, 0107, etc.) where the halogen gas blocks deposition sites/inhibits deposition of the metal these sections, for example).
As to claim 2, including the limitations of claim 1 as taught above, Muscat includes depositing a silicon containing film on the substrate before metal deposition (paras 0016-0017, 0054, 0107).
As to claims 3 and 8, the inhibition halogen gas may be performed before, as in para 0017, 0054, 0107, claim 1.
As to claims 6 and 11, the processes in para 0106 are ALD. See claims of Muscat.
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) 4-5 and 9-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Haukka et al. (US 2018/0243787 A1) or Muscat(US 2006/0199399 A1).
Claims 4-5 and 9-10 are directed to a repetition of the halogen treatment. Changing the order of steps or repeating steps is prima facie obvious absent showing unexpected results over Ex parte Rubin, 128 USPQ 440 (Bd. App. 1959) and In re Burhans, 154 F.2d 690, 69 USPQ 330 (CCPA 1946). Therefore, it would have been obvious to repeat the steps as needed in Figs 1-6 of Haukka or in the claims of Muscat absent unexpected results to craft the appropriate semiconductor device.
Claim(s) 7, 12-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Haukka et al. (US 2018/0243787 A1) or Muscat (US 2006/0199399 A1) in view of Kadonaga et al. (US 2009/0263975)
As to claims 13-15 Haukka et al. or Muscat includes a silicon film with a metal film as claimed but not as a repeating stack. Kadonaga et al. teaches ALD of a metal layer alternating with ALD of a silicon layer (Fig. 3) in order to create a layer stack for use in semiconductors (abstract). Therefore, it would have been obvious to one of ordinary skill in the art at the time of filing to modify Haukka et al. or Muscat to include alternating silicon layers with its metal layers as taught by Kadonaga in order to create a layer stack for use in semiconductors.
As to claims 7 and 12, Kadonaga teaches aluminum nitride deposition as useful in the semiconductor application in para 0043, for example. It would have been obvious to one of ordinary skill in the art at the time of filing to modify Haukka et al. or Muscat to include an aluminum nitride as its metal layers as taught by Kadonaga in order to create a layer stack for use in semiconductors.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KELLY M GAMBETTA whose telephone number is (571)272-2668. The examiner can normally be reached M-F 9-5:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Gordon Baldwin can be reached at 571-272-5166. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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KELLY M. GAMBETTA
Primary Examiner
Art Unit 1718
/KELLY M GAMBETTA/Primary Examiner, Art Unit 1718