Prosecution Insights
Last updated: April 19, 2026
Application No. 18/376,050

ETCHING METHOD AND PLASMA PROCESSING APPARATUS

Final Rejection §103§112
Filed
Oct 03, 2023
Examiner
AHMED, SHAMIM
Art Unit
1713
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Tokyo Electron Limited
OA Round
2 (Final)
78%
Grant Probability
Favorable
3-4
OA Rounds
2y 10m
To Grant
99%
With Interview

Examiner Intelligence

Grants 78% — above average
78%
Career Allow Rate
938 granted / 1197 resolved
+13.4% vs TC avg
Strong +22% interview lift
Without
With
+22.1%
Interview Lift
resolved cases with interview
Typical timeline
2y 10m
Avg Prosecution
48 currently pending
Career history
1245
Total Applications
across all art units

Statute-Specific Performance

§101
0.4%
-39.6% vs TC avg
§103
54.4%
+14.4% vs TC avg
§102
13.5%
-26.5% vs TC avg
§112
18.3%
-21.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1197 resolved cases

Office Action

§103 §112
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 . Response to Arguments Applicant’s arguments with respect to claim(s) 1-9 and 11-20, as to the point that Dole et al fail to disclose the etching gas comprises nitrogen as claim 1 is amended and hydrogen -containing gas selected from the group as claim 2 is amended, 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 § 112 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. Claims 1-9 and 11-20 are 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 1 recites the limitation "the nitrogen-containing gas" in the last line. There is insufficient antecedent basis for this limitation in the claim. Claims 2-9 and 11-20 are directly or indirectly depends on the claim 1 and therefore, also contain the limitation. Claim Rejections - 35 USC § 103 The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action. Claim(s) 1,2-7,9 and 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dole et al (US 10,741,407) in view of Xia et al (US 2020/0098586). Regarding claim 1, Dole et al disclose a process including a step of providing or preparing a substrate (101) having a first region (105,104) a multi-layered structure to be etched and a second region (106) of a masking layer, example mask materials include, but are not limited to, amorphous carbon, polysilicon, and other common mask materials; wherein the material in the second region is different than the material of the first region (col.3, lines 35-45; Figure 1); After the substrate 101 is introduced to the processing apparatus, a plasma is generated in the processing apparatus and the substrate 101 is exposed to the plasma (col.4, lines 1-6); where the plasma is generated from a plasma generating gas including tungsten fluoride (WF.sub.6) (which reads on the claimed metal halide), one or more fluorocarbons and/or hydrofluorocarbons, and one or more oxidant, where a flow rate of WF.sub.6 is between about 0.1-10 sccm (col.1, lines 47-52). In these or other cases, the plasma generating gas may further include NF.sub.3, (reads on the claimed nitrogen-containing gas) and a flow rate of the NF.sub.3 may be about 30 sccm or less. In these or other cases, the fluorocarbons or hydrofluorocarbons may include one or more of C.sub.4F.sub.8, C.sub.3F.sub.8, C.sub.4F.sub.6, and CH.sub.2F.sub.2, and a total flow rate of the fluorocarbons and hydrofluorocarbons may be between about 30-240 sccm (col.2, lines 19-25); and aforesaid teaching reads on the claimed flow rate of the metal halide gas lower than a flow rate of the carbon- and fluorine-containing gas and a flow rate of the nitrogen-containing gas. In the above teaching, Dole et al fail to disclose the etching gas comprises nitrogen. However, in the same field of endeavor, Xia et al disclose that an exemplary fluorine-containing precursor may be nitrogen trifluoride (NF.sub.3) and such precursor may also include any number of carrier gases, which may include nitrogen, helium, argon, or other noble, inert, or useful gases [0060]. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to employ Xia et al's teaching of introducing nitrogen into the teaching of Dole et al for the benefit of using as a carrier gas as suggested by Xia et al. Regarding claim 2, Dole et al disclose that the processing gas comprises hydrofluorocarbons may include one or more of C.sub.4F.sub.8, C.sub.3F.sub.8, C.sub.4F.sub.6, and CH.sub.2F.sub.2 (col.2, lines 19-25); aforesaid “CH.sub.2F.sub.2” obviously reads on the claimed hydrogen-containing gas but fail to disclose the hydrogen-containing gas comprises form the group consisting of H2, SiH4 and NH3. However, Xia et al disclose in the similar etching process, the hydrogen-containing precursor used in method 300 and/or method 500 may include diatomic hydrogen (H.sub.2); the hydrogen-containing precursor may include at least one precursor selected from the group of diatomic hydrogen, hydrogen fluoride, a hydrocarbon, an alcohol, hydrogen peroxide, and various other hydrogen-containing containing precursors used or useful in semiconductor processing [0061]. Therefore, one of ordinary skill in the art before the effective filing date of the claimed invention, would easily use H2 gas as hydrogen -containing gas as Xia et al disclose both the hydrocarbon gas and diatomic hydrogen (H2) could used as hydrogen -containing gas. Regarding claims 3-4, Dole et al disclose that the plasma is generated from a plasma generating gas including tungsten fluoride (WF.sub.6), which reads on the claimed metal halide gas containing tungsten (col.1, lines 47-52). Regarding claim 5, Dole et al disclose that the process gas contains fluorocarbons or hydrofluorocarbons (col.2, lines 19-25). Regarding claim 6, Dole et al disclose that the second region is a mask layer 106. The mask layer 106 is patterned, with openings at locations where the high aspect ratio features 102 are to be etched (see, col.3, lines 54-56; Figure 1). Regarding claim 7, Dole et al disclose above that the masking layer may may any common masking material (col. 3, lines 54-58) but fails to teach it could be a photoresist. However, Dole et al disclose in another embodiment that photoresist may applied as a mask layer on a workpiece during typical patterning/etching a substrate; and exposing the photoresist to visible or UV or x-ray light with a tool such as a wafer stepper; (4) developing the resist so as to selectively remove resist and thereby pattern it (col.13, lines 29-35). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to employ such teaching of Dole et al to use photoresist as a masking layer because such photoresist is typically known material and additionally, it would have been a simple substitution of known material for predictable result. Regarding claim 9, Dole et al disclose that the first material is silicon oxide and the second material is silicon nitride (col.3, lines 36-44). Regarding claim 11, Dole et al discloses above that the plasma is generated from a plasma generating gas including tungsten fluoride (WF.sub.6) (which reads on the claimed tungsten hexafluoride gas (col.1, lines 47-52). Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dole et al (US 10,741,407) in view of Xia et al (US 2020/0098586) as applied to claims 1 and 7 above, and further in view of Tanaka (US 2009/0297988). Regarding claim 8, modified Dole et al disclose above for the claims 1 and 7 but fail to disclose the photoresist film is a photoresist film for EUV exposure. However, in the same field of endeavor, Tanaka discloses a method of making a semiconductor IC device (abstract), wherein a photoresist film formed on its principal surface is prepared, and the pattern of a reflection-type mask is transferred onto the photoresist film by using the above-described EUV exposure [0090]. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to employ Tanaka's teaching of using the photoresist film for EUV exposure into the teaching of modified Dole et al for effective pattern transfer on surface as suggested by Tanaka. Claim(s) 12-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dole et al (US 10,741,407) in view of Xia et al (US 2020/0098586) as applied to claims 1 and 3 above, and further in view of Yokoyama et al (US 2024/0162047). Modified Dole et al disclose above for the claims 1 and 3 but fail to teach the specific metal halide gas as recited in the claims 12-20. However, in the same field of endeavor, Yokoyama et al disclose an etching process of silicon -containing layer using a process gas including a metal -containing gas (abstract; [0033]) and the process gas includes at least one gas selected from the group consisting of a tungsten hexafluoride gas, a tungsten hexabromide gas, a tungsten hexachloride gas, a WF.sub.5Cl gas, a tungsten hexacarbonyl gas, a titanium tetrachloride gas, a molybdenum pentafluoride gas, a vanadium hexafluoride gas, a platinum hexafluoride gas, a hafnium tetrafluoride gas, and a niobium pentafluoride gas [0098]; and also teach that the etching target layer through the opening while forming a protective layer comprising a metal on a top of the mask and on the side wall of the mask (abstract). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to employ Yokoyama et al's teaching of using the process gas including the metal -containing gases disclosed above into the teaching of Dole et al because it would have been a simple substitution of known materials for the predictable result, such as protecting side walls of the mask during etching the target layer as suggested by Yokoyama et al. Additionally, all of the metal -containing gases are functionally equivalent as suggested by Yokoyama et al. Conclusion Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHAMIM AHMED whose telephone number is (571)272-1457. The examiner can normally be reached M-TH (8-5:30pm). 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, Joshua Allen can be reached at 571-270-3176. 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. SHAMIM AHMED Primary Examiner Art Unit 1713 /SHAMIM AHMED/Primary Examiner, Art Unit 1713
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Prosecution Timeline

Oct 03, 2023
Application Filed
Oct 01, 2025
Non-Final Rejection — §103, §112
Nov 25, 2025
Response Filed
Jan 22, 2026
Final Rejection — §103, §112 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

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ETCHING METHOD AND PLASMA PROCESSING APPARATUS
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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
78%
Grant Probability
99%
With Interview (+22.1%)
2y 10m
Median Time to Grant
Moderate
PTA Risk
Based on 1197 resolved cases by this examiner. Grant probability derived from career allow rate.

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