Prosecution Insights
Last updated: April 19, 2026
Application No. 18/336,634

SUBSTRATE PROCESSING METHOD, METHOD OF MANUFACTURING SEMICONDUCTOR DEVICE, SUBSTRATE PROCESSING APPARATUS AND NON-TRANSITORY COMPUTER-READABLE RECORDING MEDIUM

Non-Final OA §102§103
Filed
Jun 16, 2023
Examiner
BRAYTON, JOHN JOSEPH
Art Unit
1794
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Kokusai Electric Corporation
OA Round
1 (Non-Final)
48%
Grant Probability
Moderate
1-2
OA Rounds
3y 11m
To Grant
70%
With Interview

Examiner Intelligence

Grants 48% of resolved cases
48%
Career Allow Rate
338 granted / 707 resolved
-17.2% vs TC avg
Strong +22% interview lift
Without
With
+22.3%
Interview Lift
resolved cases with interview
Typical timeline
3y 11m
Avg Prosecution
28 currently pending
Career history
735
Total Applications
across all art units

Statute-Specific Performance

§101
0.2%
-39.8% vs TC avg
§103
55.8%
+15.8% vs TC avg
§102
20.8%
-19.2% vs TC avg
§112
18.6%
-21.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 707 resolved cases

Office Action

§102 §103
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. Claim 19 is rejected under 35 U.S.C. 102a1 as being anticipated by Hashimoto (US 2017/02711444). Regarding claim 19, Hashimoto teaches a substrate processing apparatus comprising: a process vessel (203) in which a substrate (200) is processed; a source gas supplier 232a through which a source gas is supplied into the process vessel [0051]; a gas supplier of a gas containing nitrogen and hydrogen through which the gas containing nitrogen and hydrogen is supplied into the process vessel [0071]; an inert gas supplier (232c, 232d) through which an inert gas is supplied into the process vessel [0066]; a plasma exciter (269, 270) configured to excite a gas into a plasma state [0066]; a pressure regulator configured to adjust an inner pressure of the process vessel [0050]; The Examiner take the position that Hashimoto’s controller [0037] is configured to be capable of controlling the source gas supplier 232a, the gas supplier of the gas containing nitrogen and hydrogen [0071], the inert gas supplier [232c, 232c, [0066]), the plasma exciter (269, 270, [0066] and the pressure regulator [0050] so as to perform: forming a film on the substrate by performing a cycle a predetermined number of times, wherein the cycle [0043] comprises: (a) supplying the source gas to the substrate in the process vessel [0043]; (b) supplying a plasma-excited gas containing nitrogen and hydrogen to the substrate in the process vessel by exciting the gas containing nitrogen and hydrogen into the plasma state [0043]; and (c) supplying a plasma-excited inert gas to the substrate in the process vessel by exciting the inert gas into the plasma state ([0043], fig. 5). The Examiner takes the position that the controller of Hashimoto is inherently capable of performing the following function: “ the inner pressure of the process vessel is set to be lower in (c) than in (b)” because it teaches all the necessary pieces of the apparatus required for doing so as set out in paragraph 50 of Hashimoto. See MPEP 2114 and 2115 for claiming an apparatus. 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. 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. Claims 1-11 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Hashimoto (US 2017/0271144) in view of Tsukasa (JP 2019-140146 see translation for citations). Regarding claim 1, Hashimoto teaches a substrate processing method comprising: (A) forming a film on a substrate by performing a cycle a predetermined number of times [0043], wherein the cycle comprises: (a) supplying a source gas to the substrate (HCDS, [0043]); (b) supplying a plasma-excited gas containing nitrogen and hydrogen (NH3) to the substrate by exciting a gas containing nitrogen and hydrogen into a plasma state ([0043]); and (c) supplying a plasma-excited inert gas to the substrate by exciting an inert gas into a plasma state [0043]. Hashimoto does not teach a pressure of a space where the substrate is present is set to be lower in (c) than in (b). Tsukasa directed to forming a SiN film using a source gas in a first step and NH3 plasma in a second step. It teaches a lower pressure level wherein an inert gas plasma is used prior to the introduction of NH3 plasma and subsequent to the NH3 plasma (Fig. 6, [0095-0099]) because it would reduce the probability of collision between radical and suppress deactivation of plasma components allowing for a better thin film forming on the wafer [0106]. In light of this description of the method of Tsukasa the Examiner finds Tsukasa teaches the pressure of a space where the substrate is present is set to be lower than in a previous step [0095-0099]. One of ordinary skill in the would substitute the pressure levels of Hashimoto with the lower pressure level of Tsukasa because it would provide a greater plasma lifetime allowing for better film forming on the wafer. The rationale to support the conclusion that the claim would have been obvious is that the substitution of one known element for another yields predictable results to one of ordinary skill in the art. MPEP 2143. B. Therefore it would have been obvious to one of ordinary skill in the art at the time of the invention to modify the pressure of Hashimoto by providing the pressure of a space where the substrate is present is set to be lower in (c) than in (b), as taught by Tsukasa, because it would reduce the probability of collision between radical and suppress deactivation of plasma components allowing for a better thin film forming on the wafer [0106] and because substitution of one known element for another yields predictable results to one of ordinary skill in the art. MPEP 2143. B. Regarding claims 2-4, Hashimoto provides guidance regarding the operating pressure, it teaches a range of 1 - 2,666 Pa which overlaps Applicant’s claimed range [0053] and therefore provides a prima facie case for obviousness. MPEP 2144.05. Regarding claim 5, Hashimoto teaches time ranges for the application of the source gas [0053], NH3 [0072] and plasma inert gas [0067]. It also discusses how time is a result effective variable in [0061] by describing how time effects deposition rates and substrate processing. Increasing the deposition rate for step (a) allows for decreasing the amount of time required to deposit the desired one atomic layer which allows for increased modification in steps 2-4 (b and c). Therefore the Examiner takes the position that time as taught by Hashimoto is a result effective variable. It would have been obvious to one having ordinary skill in the art at the time the invention was made to “time duration of supplying the plasma-excited inert gas in (c) is set to be longer than a time duration of supplying the plasma-excited gas containing nitrogen and hydrogen in (b)” since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980). Regarding claim 6, Hashimoto is also directed to decreasing the overall time needed for processing [0061]. Increasing the deposition rate for step (a) allows for decreasing the amount of time required to deposit the desired one atomic layer which allows for increased modification in steps 2-4 (b and c). Therefore the Examiner takes the position that time as taught by Hashimoto is a result effective variable. It would have been obvious to one having ordinary skill in the art at the time the invention was made to “a time duration of supplying the plasma-excited inert gas in (c) is set to be longer than a time duration of supplying the source gas in (a)” since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980). Regarding claims 7-9, Hashimoto teaches the inert gas comprises at least one of nitrogen gas or a rare gas ([0029], [0043]), or the inert gas comprises N2 gas ([0029], [0043]), or the inert gas comprises Ar gas [0064]. Regarding claim 10, Hashimoto teaches the gas containing nitrogen and hydrogen comprises at least one among NH3 gas, N2H2 gas, N2H4 gas or N3H8 gas [0076]. Regarding claim 11, Hashimoto teaches the source gas comprises a halosilane-based gas [0025]. Regarding claim 17, Hashimoto teaches in (c), the plasma-excited inert gas is supplied to the substrate through an edge of the substrate (250a-250c, Fig. 1, [0024]. Regarding claim 18, Hashimoto teaches a method of manufacturing a semiconductor device comprising the substrate processing method of claim 1 [0002]. Regarding claim 19, Hashimoto teaches a substrate processing apparatus comprising: a process vessel (203) in which a substrate (200) is processed; a source gas supplier 232a through which a source gas is supplied into the process vessel [0051]; a gas supplier of a gas containing nitrogen and hydrogen through which the gas containing nitrogen and hydrogen is supplied into the process vessel [0071]; an inert gas supplier (232c, 232d) through which an inert gas is supplied into the process vessel [0066]; a plasma exciter (269, 270) configured to excite a gas into a plasma state [0066]; a pressure regulator configured to adjust an inner pressure of the process vessel [0050]; The Examiner take the position that Hashimoto’s controller [0037] is configured to be capable of controlling the source gas supplier 232a, the gas supplier of the gas containing nitrogen and hydrogen [0071], the inert gas supplier [232c, 232c, [0066]), the plasma exciter (269, 270, [0066] and the pressure regulator [0050] so as to perform: forming a film on the substrate by performing a cycle a predetermined number of times, wherein the cycle [0043] comprises: (a) supplying the source gas to the substrate in the process vessel [0043]; (b) supplying a plasma-excited gas containing nitrogen and hydrogen to the substrate in the process vessel by exciting the gas containing nitrogen and hydrogen into the plasma state [0043]; and (c) supplying a plasma-excited inert gas to the substrate in the process vessel by exciting the inert gas into the plasma state ([0043], fig. 5). Hashimoto does not explicitly teach a pressure of a space where the substrate is present is set to be lower in (c) than in (b). Tsukasa directed to forming a SiN film using a source gas in a first step and NH3 plasma in a second step. It teaches a lower pressure level wherein an inert gas plasma is used prior to the introduction of NH3 plasma and subsequent to the NH3 plasma (Fig. 6, [0095-0099]) because it would reduce the probability of collision between radical and suppress deactivation of plasma components allowing for a better thin film forming on the wafer [0106]. In light of this description of the method of Tsukasa the Examiner finds Tsukasa teaches the pressure of a space where the substrate is present is set to be lower than in a previous step [0095-0099]. One of ordinary skill in the would substitute the pressure levels of Hashimoto with the lower pressure level of Tsukasa because it would provide a greater plasma lifetime allowing for better film forming on the wafer. The rationale to support the conclusion that the claim would have been obvious is that the substitution of one known element for another yields predictable results to one of ordinary skill in the art. MPEP 2143. B. Therefore it would have been obvious to one of ordinary skill in the art at the time of the invention to modify the pressure of Hashimoto by providing the pressure of a space where the substrate is present is set to be lower in (c) than in (b), as taught by Tsukasa, because it would reduce the probability of collision between radical and suppress deactivation of plasma components allowing for a better thin film forming on the wafer [0106] and because substitution of one known element for another yields predictable results to one of ordinary skill in the art. MPEP 2143. B. Regarding claim 20, Hashimoto teaches a non-transitory computer-readable recording medium storing a program that causes, by a computer [0037], a substrate processing apparatus (Fig. 1) to perform: forming a film on a substrate by performing a cycle a predetermined number of times, wherein the cycle comprises [0043]: (a) supplying a source gas to the substrate [0043]; (b) supplying a plasma-excited gas containing nitrogen and hydrogen to the substrate by exciting a gas containing nitrogen and hydrogen into a plasma state [0043]; and (c) supplying a plasma-excited inert gas to the substrate by exciting an inert gas into a plasma state [0043]. Hashimoto does not teach a pressure of a space where the substrate is present is set to be lower in (c) than in (b). Tsukasa directed to forming a SiN film using a source gas in a first step and NH3 plasma in a second step. It teaches a lower pressure level wherein an inert gas plasma is used prior to the introduction of NH3 plasma and subsequent to the NH3 plasma (Fig. 6, [0095-0099]) because it would reduce the probability of collision between radical and suppress deactivation of plasma components allowing for a better thin film forming on the wafer [0106]. In light of this description of the method of Tsukasa the Examiner finds Tsukasa teaches the pressure of a space where the substrate is present is set to be lower than in a previous step [0095-0099]. One of ordinary skill in the would substitute the pressure levels of Hashimoto with the lower pressure level of Tsukasa because it would provide a greater plasma lifetime allowing for better film forming on the wafer. The rationale to support the conclusion that the claim would have been obvious is that the substitution of one known element for another yields predictable results to one of ordinary skill in the art. MPEP 2143. B. Therefore it would have been obvious to one of ordinary skill in the art at the time of the invention to modify the pressure of Hashimoto by providing the pressure of a space where the substrate is present is set to be lower in (c) than in (b), as taught by Tsukasa, because it would reduce the probability of collision between radical and suppress deactivation of plasma components allowing for a better thin film forming on the wafer [0106] and because substitution of one known element for another yields predictable results to one of ordinary skill in the art. MPEP 2143. B. Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Hashimoto and Tsukasa as applied to claim 1 above, and further in view of Tonegawa (US 2018/0342385). Regarding claim 12, Hashimoto does not teach the inert gas is excited into the plasma state in a process vessel in which the substrate is processed by applying an electric power to an electrode provided outside the process vessel. Tonegawa teaches the inert gas (27 [0068]) is excited into the plasma state in a process vessel in which the substrate is processed by applying an electric power to an electrode (33) provided outside (32) the process vessel ([0044}, fig. 2)). Therefore it would have been obvious to one of ordinary skill in the art at the time of the invention to modify the inert gas is excited into the plasma state in a process vessel in the substrate is processed of Hashimoto by applying an electric power to an electrode provided outside the process vessel, as taught by Tonegawa, because one of ordinary skill in the art would have only expected predictable results. Claim 13 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Hashimoto and Tsukasa as applied to claim 1 above, and further in view of Watanabe (US 2014/0038394). Regarding claim 13, Hashimoto teaches wherein (A) is performed while a plurality of substrates (200) comprising the substrate are supported by a substrate support (217) in a process vessel (203, fig. 1) but does not teach a state where an interval between adjacent substrates among the plurality of substrates is set to be greater than a reference interval that enables the substrate support to accommodate a maximum number of substrates supportable by the substrate support. Watanabe directed to forming a nitride film using a substrate boat like Hashimoto teaches a state where an interval between adjacent substrates among the plurality of substrates is set to be greater (2d, 3d) than a reference interval (d; Fig. 2a, 4a, 23, [0171]) that enables the substrate support to accommodate a maximum number of substrates supportable by the substrate support (fig. 4b). Therefore it would have been obvious to one of ordinary skill in the art at the time of the invention to modify (A) is performed while a plurality of substrates (200) comprising the substrate are supported by a substrate support (217) in a process vessel of Hashimoto by providing a state where an interval between adjacent substrates among the plurality of substrates is set to be greater than a reference interval that enables the substrate support to accommodate a maximum number of substrates supportable by the substrate support, as taught by Watanabe, because it would provide a compound semiconductor film forming method capable of improving a production yield, reducing film forming coasts, enhancing in plane uniformity film thickness and achieving improved surface morphology [0014]. Regarding claim 14, Watanabe teaches the interval between adjacent substrates among the plurality of substrates is set to be twice (2d, 3d, [0171], fig. 23) or more the reference interval (d). Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Hashimoto and Tsukasa as applied to claim 1 above, and further in view of Ushikawa (US 5,225,378). Regarding claim 15, Hashimoto does not teach (A) is performed while a plurality of substrates comprising the substrate are arranged in a process vessel in a state where an interval between adjacent substrates among the plurality of substrates is set to 12 mm or more and 60 mm or less. Ushikawa teaches a plurality of substrates comprising the substrate are arranged in a process vessel in a state where an interval between adjacent substrates among the plurality of substrates is set to 12 mm or more and 60 mm or less (col. 3, ln. 15-20). Therefore it would have been obvious to one of ordinary skill in the art at the time of the invention to modify the a plurality of substrates comprising the substrate are arranged in a process vessel of Hashimoto by providing an interval between adjacent substrates among the plurality of substrates is set to 12 mm or more and 60 mm or less, as taught by Ushikawa, because one of ordinary skill in the art would have only expected predictable results. Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Hashimoto and Tsukasa as applied to claim 1 above, and further in view of Shima (JP 2007-221000). Regarding claim 16, Hashimoto teach (A) is performed while a plurality of substrates comprising the substrate are arranged in a process vessel but does not teach in a state where an interval between adjacent substrates among the plurality of substrates is set to 15 mm or more and 60 mm or less. Shima is directed to forming a SiN film while a plurality of substrates comprising the substrate are arranged in a process vessel in a state where an interval between adjacent substrates among the plurality of substrates is set to 15 mm or more and 60 mm or less (pg. 13). Therefore it would have been obvious to one of ordinary skill in the art at the time of the invention to modify the a plurality of substrates comprising the substrate are arranged in a process vessel of Hashimoto by providing a state where an interval between adjacent substrates among the plurality of substrates is set to 15 mm or more and 60 mm or less, as taught by Shima, because it would improve uniformity on the substrate by eliminating the shortage in the supply of gas (abstract). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOHN J BRAYTON whose telephone number is (571)270-3084. The examiner can normally be reached 9AM-5PM EST M-F. 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, James Lin can be reached at 571 272 8902. 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. JOHN J. BRAYTON Primary Examiner Art Unit 1794 /JOHN J BRAYTON/Primary Examiner, Art Unit 1794
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Prosecution Timeline

Jun 16, 2023
Application Filed
Jan 24, 2026
Non-Final Rejection — §102, §103 (current)

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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
48%
Grant Probability
70%
With Interview (+22.3%)
3y 11m
Median Time to Grant
Low
PTA Risk
Based on 707 resolved cases by this examiner. Grant probability derived from career allow rate.

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