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 1-22) in the reply filed on 12/22/2025 is acknowledged.
3. Claims 23-24 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.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 12/22/2025.
Claim Rejections - 35 USC § 112
4. 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.
5. Claim 19 is 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 19 depends on claim 1. In claim 1, the applicants recite “ wherein in (b), when etching the first layer, a substance X that reacts with the etching agent but does not contribute alone to the etching is generated, and the first layer and the at least a portion of the first film are etched by using a mixture of the substance X and the etching agent.” (emphasis added) The examiner interprets that this limitation means substance X is generated when the at least a portion of the first film is etched. However, in claim 19 applicants provides a new contradicted limitation “in (b), the substance X is not generated when the at least a portion of the first film is etched.” It is unclear whether substance X is generated or not generated when the at least a portion of the film is etched.
Claim Rejections - 35 USC § 102
6. 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.
7. 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.
8. Claims 1-3, 6-7, 10-13, 22 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Shaw et al. (US 2022/0285167 A1).
As to claim 1, Shaw discloses a method of processing a substrate, comprising:
performing a cycle a predetermined number of times, the cycle including:
(a) forming a first layer on a surface of a first film by supplying a processing agent to a substrate including the first film on a surface of the substrate (Fig 2, step 220; paragraph 0038-0042); and
(b) etching the first layer and at least a portion of the first film by supplying an etching agent to the substrate,
wherein in (b), when etching the first layer, a substance X that reacts with the etching agent but does not contribute alone to the etching is generated, and the first layer and the at least a portion of the first film are etched by using a mixture of the substance X and the etching agent (paragraph 0043-0046, 0052, Fig 2 Step 230).
As to claim 2, Shaw discloses the first layer containing hydrogen and oxygen (i.e. H2O2; H2O; See paragraph 00038).
As to claim 3, Shaw discloses the first layer contains H2O (paragraph 0038)).
As to claims 6-7, Shaw discloses the first layer is an oxide film (paragraph 0042).
As to claim 10, Shaw discloses the substance X (i.e. H2O) is a substance that reacts with the etching agent to promote the etching (paragraph 0043, 0046).
As to claim 11, Shaw discloses the substance X containing hydrogen and oxygen (paragraph 0043, 0046; Note H-2O comprises hydrogen and oxygen).
As to claim 12, Shaw discloses the substance X contains H2O (paragraph 0043, 0046).
As to claim 13, Shaw discloses in (a), a precursor and a reactant containing hydrogen and oxygen are supplied as the processing agent to the substrate (paragraph 0038).
As to claim 22, Shaw disclose a method of manufacturing a semiconductor device comprising the method of claim 1 (paragraph 0014, 0037).
9. Claims 1-4, 6-10, 13, 15-19, 22 are rejected under 35 U.S.C. 102(a)(1) or 102(a)(2) as being anticipated by Nakatani et al. (US 2022/0020598 A1)
As to claim 1, Nakatani discloses a method of processing a substrate, comprising:
performing a cycle a predetermined number of times, the cycle including:
(a) forming a first layer (200b) on a surface of a first film (200a) by supplying a processing agent to a substrate including the first film on a surface of the substrate (Fig 5a; paragraph 0044; 0053-0062; and
(b) etching the first layer and at least a portion of the first film by supplying an etching agent to the substrate,
wherein in (b), when etching the first layer, a substance X (200c or 12 or 14) that reacts with the etching agent but does not contribute alone to the etching is generated, and the first layer and the at least a portion of the first film are etched by using a mixture of the substance X and the etching agent (Fig 5c; paragraph 0012, 0045; 0095-0100).
As to claim 2, Nakatani discloses the first layer containing hydrogen and oxygen (i.e. H2O or H2O2; paragraph 0088).
As to claim 3, Nakatani disclose the first layer contains H2O (paragraph 0088)).
As to claim 4, Nakatani discloses an amount of H2O containing in the first layer (200b) is larger than an amount of H2O contained in the first film (200a) (See Fig 5, paragraph 0053, 0088).
As to claims 6-7, Nakatani discloses the first layer is an oxide film (paragraph 0088)
As to claim 8, Nakatani discloses the etching agent is fluorine-containing gas (paragraph 00131-0132).
As to claim 9, Nakatani discloses the etching agent is a hydrogen and fluorine-containing gas (i.e. C5H2F6O2; See paragraph 0132).
As to claim 10, Nakatani discloses the substance X (i.e. 200c or 12) is a substance that reacts with the etching agent to promote the etching (paragraph 0098-0100).
As to claim 13, Nakatani discloses in (a), a precursor and a reactant containing hydrogen and oxygen are supplied as the processing agent to the substrate (paragraph 0088).
As to claim 15, Nakatani discloses an etching amount of the first film in (b) is controlled by a thickness of the first layer formed in (a) (See paragraph 0057).
As to claim 16, Nakatani discloses the first film includes an oxygen-containing film (SiO) (See paragraph 0177, 0182).
As to claim 17, Nakatani discloses the substance X (12 or 14) is further generated when the at least a portion of the first film is etched (paragraph 0012, 0099-01001, Fig 5f).
As to claim 18, Nakatani discloses the first film includes an oxygen-free film (i.e. silicon nitride; or BN or SiCN; etc. paragraph 0050, 0155)
As to claim 19, Nakatani discloses the substance X (14) is not generated when the at least a portion of the first film is etched (paragraph 0103).
As to claim 22, Nakatani discloses a method of manufacturing a semiconductor device comprising the method of claim 1 (paragraph 0042, 0157).
Claim Rejections - 35 USC § 103
10. 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.
11. 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.
12. Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Nakatani (US 2022/0020598 A1) as applied to claims 1-4, 6-10, 13, 15, 16-19 above, and further in view of Agnew et al. (US 2023/0098270 A1).
As to claim 5, Nakatani fails to disclose the processing temperature when forming the first layer is lower than a processing temperature when forming a first film. However, Nakatani clearly discloses forming a first layer at a temperature between 25 to 400 °C, including example of 50 to 250 °C (See paragraph 0059-0061, 0066). Nakatani further discloses forming a first film comprises silicon oxide at some temperature value (paragraph 0177). Agnew discloses forming silicon oxide film at a temperature of at least 500 °C including 550 °C (abstract, paragraph 0030). Therefore, the combination of Nakatani and Agnew disclose the processing temperature (25 to 400 °C) when forming the first layer is lower than a processing temperature when forming a first film (at least 500 °C). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Nakatani in view of Agnew by having the processing temperature (25 to 400 °C) when forming the first layer is lower than a processing temperature when forming a first film because it helps to create high quality silicon oxide film (See paragraph 0030).
13. Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Nakatani (US 2022/0020598 A1) as applied to claims 1-4, 6-10, 13, 15, 16-19 above, and further in view of Chandra (US 2024/0093360 A1).
As to claim 14, Nakatani discloses (a1) supplying the precursor to the substrate and (a2) supplying the reactant to the substrate (paragraph 0088). As to claim 14, Nakatani fails to disclose supplying the precursor and supplying the reactant are performed alternately and in at least one selected from the group of (a1) and (a2), a catalyst is further supplying. Chandra discloses (a1) supplying the precursor to the substrate, and (a2) supplying the reactant to the substrate are performing alternately and supplied a catalyst to the substrate during at the deposition process (paragraph 0045-0055). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Nakatani in view of Chandra by supplying the precursor and supplying the reactant are performed alternately and in at least one selected from the group of (a1) and (a2), a catalyst is further supplying because using the catalyst will enhance the deposition process.
14. Claims 20-21 are rejected under 35 U.S.C. 103 as being unpatentable over Nakatani (US 2022/0020598 A1) as applied to claims 1-4, 6-10, 13, 15, 16-19 above, and further in view of Peter et al. (US 2022/0122848 A1).
As to claim 20, Nakatani discloses the substrate include a first film (220a) and a second film (200e) on the surface of the substrate (200) (See Fig 9A-9C, paragraph 0187-0188). As to claim 20, Nakatani fails disclose forming an inhibitor layer as a second layer on a surface of the second film by supplying a modifying agent to the substrate before performing (a). Peter discloses the substrate include a first film (208/212) and a second film (204) on the surface of the substrate and (c) forming an inhibitor layer (414) on a surface of the second film (204) by suppling a modifying agent before performing (a) to protect the second film during an etching process (See paragraph 0018-0021; Fig 3 step 306; Fig 4A-4C). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Nakatani in view of Peter by forming an inhibitor layer as a second layer on a surface of the second film by supplying a modifying agent to the substrate before performing (a) because it reduces deposit of the metal containing layer on the second region (204) and protect the second region (See paragraph 0021).
As to claim 21, Nakatani fails to disclose the cycle further includes step (c). Peter discloses the cycle further include step (c) (See paragraph 0018-0021; Fig 3 step 306; Fig 4A-4C). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Nakatani in view of Peter by including step (c) in the cycle because it reduces deposit of the metal containing layer on the second region (204) and protect the second region (See paragraph 0021).
Conclusion
15. 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