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 .
Response to Amendment
2. This office action is responsive to applicant’s amendment filed on 02/06/2026. Claims 1-20 are pending. Claim 1 has been amended.
The applicant’s amendment with respect to claim 1 along with the remark were sufficient to overcome the examiner’s previous ground of rejection under 35 U.S.C 112(b). Claim 1 is allowed. Claims 2-12, 16, 19-20 are allowed because they directly or indirectly depend on allowed claim 1.
Response to Arguments
3. Regarding to previous ground of rejection under 35 U.S.C 112(b), the applicants stated:
“Specifically, the Office Action argues that "substantially free of voids" in claim 1 is vague. Applicant has amended claim 1 that removes "substantially free of voids" and adds a limitation reciting "wherein a ratio of voids to material in a volume of the thin film is 0.005 or less." Accordingly, Applicant requests withdrawal of the rejections to the claims under 35 USC 112.”
The applicant’s amendment along with the remark were sufficient to overcome the examiner’s previous ground of rejection under 35 U.S.C 112(b).
Regarding to previous obviousness-type double patenting rejection, the applicants stated:
“Claims 13-15 and 17-18 were rejected on the ground of non-statutory obviousness-type double patenting as being unpatentable over claims 17-19 of U.S. Patent No. 11/814,728 in view of Abel (US 2019/0080903 Al). Applicant submits a terminal disclaimer to obviate these rejections. Accordingly, all claims are in condition for allowance.”
The examiner disagrees with applicant’s statement regarding a filling of a terminal disclaimer. The examiner is unable to find any terminal disclaimer filed on 02/06/2026 as indicate by applicants remark. Further, the applicants fail to point out the supposed error in the obviousness-type double patenting rejection. Thus, the examiner still maintained the previous obviousness-type double patenting rejection.
Double Patenting
4. The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
5. Claims 13-15, 17-18 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 17-19 of U.S. Patent No. 11,814,728 B2 in view of Abel (US 2019/0080903 A1).
Claim 13 of the current application differs from claim 17 of US 11,814,728 B2 by further discloses the thin film comprising SiO2 and the etchant comprises fluorine. However, claim 17 of US 11,814,728 B2 clearly discloses depositing a thin film for filling a gap and etching the film using an etchant. Abel discloses depositing a thin film comprises silicon oxide (aka SiO2) for filling a gap and etching the SiO2 using an etchant comprises fluorine (See abstract, paragraph 0077, 0080, 0092). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify US Patent No. 11,814,728 B2 by having a thin film comprises SiO2 and etching using etchant comprises fluorine because equivalent and substitution of one for the other would produce an expected result (See MPEP 2143(I)(B)).
Claim 18 of the current application differs from claims 17-18 of US Patent No. 11,814,728 B2 by further disclosing wherein the deposited thin film formed on the middle surface of the gap is etched more than the deposited thin film formed on the lower surface of the gap. As to claim 18, Abel (‘903) discloses the deposited thin film formed on the middle surface of the gap is etched more than the deposited thin film formed on the lower surface of the gap (See Fig 5A-5B, Fig 8B-8D, Fig 9B-9D, Fig 10A-10C, paragraph 0070-0073, 0112-0115). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify US Patent No. 11,814,728 by the deposited thin film formed on the middle surface of the gap is etched more than the deposited thin film formed on the lower surface of the gap because it helps to filling a gap without any void (see paragraph 0163, 0165).
The following table will match the claims of current application vs. US 11,818,728 B2
18/378,403 Claims US 11,814,728 B2 Claims
13 17-18
14 17-18
15 17-18, 12
17-18 17-18
Allowable Subject Matter
6. Claims 1-12, 16, 19-20 are allowed.
7. The following is a statement of reasons for the indication of allowable subject matter: As to claims 1-12, 16, the cited prior arts fail to disclose or suggest performing an etching process, the etching process comprising an etching step and a purge step after the etching step, wherein the etching step comprises providing an etchant comprising fluorine and activating the etchant with a second RF power having a second frequency lower than the first frequency, wherein the deposited thin film is etched during the etching step, wherein the etchant is continuously provided during the etching step, wherein the second frequency is in a range of about 3 kHz to about 1,000 kHz; and
repeating a cycle of the depositing and the etching at least once to form a thin film pattern that fills the gap to a level above a top surface the structure,
wherein the deposited thin film formed on the top surface of the structure and a top portion of the gap are etched more than the deposited thin film formed on a middle surface of the gap and a lower surface of the gap, and
wherein a ratio of voids to material in a volume of the thin film is 0.005 or less.
Conclusion
8. THIS ACTION IS MADE FINAL. 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.
9. 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.
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.
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BINH X. TRAN
Examiner
Art Unit 1713
/BINH X TRAN/Primary Examiner, Art Unit 1713