DETAILED ACTION
Claims 1-17 are pending before the Office for review.
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 § 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.
Claims 1-9 are rejected under 35 U.S.C. 103 as being unpatentable over SAITOH et al (U.S. Patent Application Publication 2016/0293439) in view of TOMURA et al (WO 2019/235390 as evidenced by the English equivalence US 2021/0082709) and TOKASHIKI (U.S. Patent Application Publication 2019/0198333).
With regards to claim 1, Saitoh discloses an etching method comprising: preparing a substrate (W) having a first region (R1) and a second region (R2), the substrate (W) including a multilayer film (IL1, IL2) in which two or more types of silicon containing films (silicon oxide and silicon nitride) are stacked in the first region, and a monolayer film (silicon oxide) formed from one type of silicon containing film in the second region (Figure 2); and etching the multilayer film and the monolayer film at the same time (Figure 4), wherein in the etching, the multilayer film and the monolayer film are etched at the same time by plasma generated from a processing gas (Paragraphs [0025]-[0028], [0051]-[0063]).
Saitoh does not explicitly disclose etching with a plasma generated from a processing gas that contains a hydrogen fluoride gas, a phosphorus containing gas, and a carbon containing gas, a first recess having a first width is formed in the multilayer film, and a second recess having a second width wider than the first width is formed in the monolayer film.
Saitoh discloses wherein the processing gas comprises one or more of fluorocarbons and hydrofluorocarbons (Paragraph [0053]). Tomura discloses a method of plasma etching a target etching layer comprising silicon oxide and silicon nitride wherein the etching method uses a processing gas comprising a chlorine containing as including phosphorus trichloride, phosphorus pentachloride and phosphoryl chloride (Paragraphs [0133]-[0134]). Tokashiki discloses a method of plasma etching a substrate comprising at least one dielectric material including a O-N-O stack (oxide-nitride-oxide stack) wherein the plasma may be generated from at least one fluorine based gas including fluorocarbon and hydrofluorocarbons and the hydrogen based gas may comprise hydrogen fluoride (Paragraphs [0030]-[0031], [0035]-[0036]). It is prima facie obvious to combine two compositions each of which is taught by the prior art to be useful for the same purpose, in order to form a third composition to be used for the very same purpose.... [T]he idea of combining them flows logically from their having been individually taught in the prior art." In re Kerkhoven, 626 F.2d 846, 850, 205 USPQ 1069, 1072 (CCPA 1980) MPEP 2144.06(I) As such Saitoh as modified by Tomura and Tokashiki renders obvious etching with a plasma generated from a processing gas that contains a hydrogen fluoride gas, a phosphorus containing gas, and a carbon containing gas. The modified teachings of Saitoh discloses where the processing gas can be optimize to adjust the openings of the width of the mask but adjusting an etching amount and deposition amount on the mask in order to form the etched spaces until the base layer is reached (Paragraphs [0059]-[0062]). Generally, differences in concentration or temperature will not support the patentability of subject matter encompassed by the prior art unless there is evidence indicating such concentration or temperature is critical. "[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955) MPEP 2144.05(II)(A) Therefore it would have been prima facie obvious to one of ordinary skill in the art to optimize the width of the mask to amounts including applicant’s claimed amount of a first recess having a first width is formed in the multilayer film, and a second recess having a second width wider than the first width is formed in the monolayer film in order to provide the desired deposition and etching amounts which satisfy the desired conditions to etch the spaces until the recess reaches the based layer as rendered obvious by the modified teachings of Saitoh. (Saitoh Paragraphs [0059]-[0062], MPEP 2144.05(II)(A)).
It would have been prima facie to one of ordinary skill in the art prior to the effective filing date of the invention to modify the teachings of Saitoh to include the phosphorus containing gas as rendered obvious Tomura and hydrogen fluoride gas as rendered obvious by Tokashiki because the reference of Tomura discloses that the gas may reduce the amount of salt adhering to the wafer during the etching process (Paragraphs [0133]-[0134]) and one of ordinary skill in the art prior to the effective filing date of the invention would have had a reasonable expectation of achieving the desired plasma etching using the processing gases as rendered obvious Tomura and Tokashiki. MPEP 2143D
It would have been prima facie to one of ordinary skill in the art prior to the effective filing date of the invention to modify the embodiment of Saitoh to include the widths as rendered obvious by the general teachings of Saitoh because one of ordinary skill in the art prior to the effective filing date of the invention would have had a reasonable expectation of achieving the desired plasma etching using the widths as rendered obvious the general disclosure of Saitoh. MPEP 2143D
With regards to claim 2, Saitoh discloses an etching method comprising: preparing a substrate (W) having a first region (R1) and a second region (R2), the substrate (W) including a multilayer film (IL1, IL2) in which two or more types of silicon containing films (silicon oxide and silicon nitride) are stacked in the first region, and a monolayer film (silicon oxide) formed from one type of silicon containing film in the second region (Figure 2); and etching the multilayer film and the monolayer film at the same time (Figure 4), wherein in the etching, the multilayer film and the monolayer film are etched at the same time by plasma generated from a processing gas, a first recess is formed in the multilayer film and a second recess is formed in the monolayer film (Figure 4) (Paragraphs [0025]-[0028], [0051]-[0063]).
Saitoh does not explicitly disclose etching with a plasma generated from a processing gas that contains a hydrogen fluoride gas, a phosphorus containing gas, and a carbon containing gas.
Saitoh discloses wherein the processing gas comprises one or more of fluorocarbons and hydrofluorocarbons (Paragraph [0053]). Tomura discloses a method of plasma etching a target etching layer comprising silicon oxide and silicon nitride wherein the etching method uses a processing gas comprising a chlorine containing as including phosphorus trichloride, phosphorus pentachloride and phosphoryl chloride (Paragraphs [0133]-[0134]). Tokashiki discloses a method of plasma etching a substrate comprising at least one dielectric material including a O-N-O stack (oxide-nitride-oxide stack) wherein the plasma may be generated from at least one fluorine based gas including fluorocarbon and hydrofluorocarbons and the hydrogen based gas may comprise hydrogen fluoride (Paragraphs [0030]-[0031], [0035]-[0036]). It is prima facie obvious to combine two compositions each of which is taught by the prior art to be useful for the same purpose, in order to form a third composition to be used for the very same purpose.... [T]he idea of combining them flows logically from their having been individually taught in the prior art." In re Kerkhoven, 626 F.2d 846, 850, 205 USPQ 1069, 1072 (CCPA 1980) MPEP 2144.06(I) As such Saitoh as modified by Tomura and Tokashiki renders obvious etching with a plasma generated from a processing gas that contains a hydrogen fluoride gas, a phosphorus containing gas, and a carbon containing gas.
It would have been prima facie to one of ordinary skill in the art prior to the effective filing date of the invention to modify the teachings of Saitoh to include the phosphorus containing gas as rendered obvious Tomura and hydrogen fluoride gas as rendered obvious by Tokashiki because the reference of Tomura discloses that the gas may reduce the amount of salt adhering to the wafer during the etching process (Paragraphs [0133]-[0134]) and one of ordinary skill in the art prior to the effective filing date of the invention would have had a reasonable expectation of achieving the desired plasma etching using the processing gases as rendered obvious Tomura and Tokashiki. MPEP 2143D
With regards to claim 3, Saitoh discloses an etching method comprising: preparing a substrate (W) having a first region (R1) and a second region (R2), the substrate (W) including a multilayer film (IL1, IL2) in which two or more types of silicon containing films (silicon oxide and silicon nitride) are stacked in the first region, and a monolayer film (silicon oxide) formed from one type of silicon containing film in the second region (Figure 2); and etching the multilayer film and the monolayer film at the same time (Figure 4), wherein in the etching, the multilayer film and the monolayer film are etched at the same time by plasma generated from a processing gas (Paragraphs [0025]-[0028], [0051]-[0063]).
Saitoh does not explicitly disclose etching with a plasma generated from a processing gas that contains a phosphorus containing gas, a fluorine containing gas, a hydrofluorocarbon and a halogen containing gas that contains a halogen element other than fluorine, a first recess having a first width is formed in the multilayer film, and a second recess having a second width wider than the first width is formed in the monolayer film.
Saitoh discloses wherein the processing gas comprises one or more of fluorocarbons and hydrofluorocarbons (Paragraph [0053]). Tomura discloses a method of plasma etching a target etching layer comprising silicon oxide and silicon nitride wherein the etching method uses a processing gas comprising a chlorine containing gas and compounds including compounds including phosphorus trichloride, phosphorus pentachloride and phosphoryl chloride (Paragraphs [0133]-[0134]). Tokashiki discloses a method of plasma etching a substrate comprising at least one dielectric material including a O-N-O stack (oxide-nitride-oxide stack) wherein the plasma may be generated from at least one fluorine based gas including fluorocarbon and hydrofluorocarbons and the hydrogen based gas may comprise hydrogen fluoride (Paragraphs [0030]-[0031], [0035]-[0036]). It is prima facie obvious to combine two compositions each of which is taught by the prior art to be useful for the same purpose, in order to form a third composition to be used for the very same purpose.... [T]he idea of combining them flows logically from their having been individually taught in the prior art." In re Kerkhoven, 626 F.2d 846, 850, 205 USPQ 1069, 1072 (CCPA 1980) MPEP 2144.06(I) As such Saitoh as modified by Tomura and Tokashiki renders obvious etching with a plasma generated from a processing gas that contains a phosphorus containing gas, a fluorine containing gas, a hydrofluorocarbon and a halogen containing gas that contains a halogen element other than fluorine. The modified teachings of Saitoh discloses where the processing gas can be optimize to adjust the openings of the width of the mask but adjusting an etching amount and deposition amount on the mask in order to form the etched spaces until the base layer is reached (Paragraphs [0059]-[0062]). Generally, differences in concentration or temperature will not support the patentability of subject matter encompassed by the prior art unless there is evidence indicating such concentration or temperature is critical. "[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955) MPEP 2144.05(II)(A) Therefore it would have been prima facie obvious to one of ordinary skill in the art to optimize the width of the mask to amounts including applicant’s claimed amount of a first recess having a first width is formed in the multilayer film, and a second recess having a second width wider than the first width is formed in the monolayer film in order to provide the desired deposition and etching amounts which satisfy the desired conditions to etch the spaces until the recess reaches the based layer as rendered obvious by the modified teachings of Saitoh. (Saitoh Paragraphs [0059]-[0062], MPEP 2144.05(II)(A)).
It would have been prima facie to one of ordinary skill in the art prior to the effective filing date of the invention to modify the teachings of Saitoh to include the phosphorus containing gas as rendered obvious Tomura and hydrogen fluoride gas as rendered obvious by Tokashiki because the reference of Tomura discloses that the gas may reduce the amount of salt adhering to the wafer during the etching process (Paragraphs [0133]-[0134]) and one of ordinary skill in the art prior to the effective filing date of the invention would have had a reasonable expectation of achieving the desired plasma etching using the processing gases as rendered obvious Tomura and Tokashiki. MPEP 2143D
It would have been prima facie to one of ordinary skill in the art prior to the effective filing date of the invention to modify the embodiment of Saitoh to include the widths as rendered obvious by the general teachings of Saitoh because one of ordinary skill in the art prior to the effective filing date of the invention would have had a reasonable expectation of achieving the desired plasma etching using the widths as rendered obvious the general disclosure of Saitoh. MPEP 2143D
With regards to claim 4, Saitoh discloses an etching method comprising: preparing a substrate (W) having a first region (R1) and a second region (R2), the substrate (W) including a multilayer film (IL1, IL2) in which two or more types of silicon containing films (silicon oxide and silicon nitride) are stacked in the first region, and a monolayer film (silicon oxide) formed from one type of silicon containing film in the second region (Figure 2); and etching the multilayer film and the monolayer film at the same time (Figure 4), wherein in the etching, the multilayer film and the monolayer film are etched at the same time by plasma generated from a processing gas and a first recess is formed in the multilayer and a second recess is formed in the monolayer (Figure 4) (Paragraphs [0025]-[0028], [0051]-[0063]).
Saitoh does not explicitly disclose etching with a plasma generated from a processing gas that contains a phosphorus containing gas, a fluorine containing gas, a hydrofluorocarbon and a halogen containing gas that contains a halogen element other than fluorine.
Saitoh discloses wherein the processing gas comprises one or more of fluorocarbons and hydrofluorocarbons (Paragraph [0053]). Tomura discloses a method of plasma etching a target etching layer comprising silicon oxide and silicon nitride wherein the etching method uses a processing gas comprising a chlorine containing gas and compounds including compounds including phosphorus trichloride, phosphorus pentachloride and phosphoryl chloride (Paragraphs [0133]-[0134]). Tokashiki discloses a method of plasma etching a substrate comprising at least one dielectric material including a O-N-O stack (oxide-nitride-oxide stack) wherein the plasma may be generated from at least one fluorine based gas including fluorocarbon and hydrofluorocarbons and the hydrogen based gas may comprise hydrogen fluoride (Paragraphs [0030]-[0031], [0035]-[0036]). It is prima facie obvious to combine two compositions each of which is taught by the prior art to be useful for the same purpose, in order to form a third composition to be used for the very same purpose.... [T]he idea of combining them flows logically from their having been individually taught in the prior art." In re Kerkhoven, 626 F.2d 846, 850, 205 USPQ 1069, 1072 (CCPA 1980) MPEP 2144.06(I) As such Saitoh as modified by Tomura and Tokashiki renders obvious etching with a plasma generated from a processing gas that contains a phosphorus containing gas, a fluorine containing gas, a hydrofluorocarbon and a halogen containing gas that contains a halogen element other than fluorine.
It would have been prima facie to one of ordinary skill in the art prior to the effective filing date of the invention to modify the teachings of Saitoh to include the phosphorus containing gas as rendered obvious Tomura and hydrogen fluoride gas as rendered obvious by Tokashiki because the reference of Tomura discloses that the gas may reduce the amount of salt adhering to the wafer during the etching process (Paragraphs [0133]-[0134]) and one of ordinary skill in the art prior to the effective filing date of the invention would have had a reasonable expectation of achieving the desired plasma etching using the processing gases as rendered obvious Tomura and Tokashiki. MPEP 2143D
With regards to claim 5, the modified teachings of Saitoh renders obvious wherein the substrate (W) includes a mask film (MSK) provided on the multilayer film (R1) and the monolayer film (R2), the mask film (MSK) having a first side wall defining a first opening on the multilayer film, and a second side wall defining a second opening on the monolayer film, and in the etching, the first recess is formed by etching the multilayer film with the plasma in the first opening, and the second recess is formed by etching the monolayer film with the plasma in the second opening (Saitoh Figures 2, 4 Paragraphs [0025]-[0028], [0051]-[0060]).
With regards to claim 6, the modified teachings of Saitoh renders obvious wherein one of the first recess and the second recess is a hole, and the other of the first recess and the second recess is a slit. (Saitoh Paragraphs [0028] discloses forming holes or trenches in the mask).
With regards to claim 7, the modified teachings of Saitoh renders obvious wherein the two or more types of silicon containing films include a silicon oxide film and a silicon nitride film (Saitoh Paragraph [0025]-[0026]), and the one type of silicon containing film is a silicon oxide film (Saitoh Paragraph [0027]).
With regards to claim 8, the modified teachings of Saitoh renders obvious wherein the phosphorus containing gas is a halogenated phosphorus gas. (Tomura Paragraph [0134])
With regards to claim 9, the modified teachings of Saitoh renders obvious wherein the carbon containing gas is a hydrocarbon gas, a fluorocarbon gas, or a hydrofluorocarbon gas. (Saitoh Paragraph [0053]).
Allowable Subject Matter
Claims 10-17 are allowed.
The following is a statement of reasons for the indication of allowable subject matter: The closet subject matter with regards to claim 10 is SAITOH et al (U.S. Patent Application Publication 2016/0293439) in view of TOMURA et al (WO 2019/235390 as evidenced by the English equivalence US 2021/0082709) and TOKASHIKI (U.S. Patent Application Publication 2019/0198333). However the cited prior art fails to teach or render obvious “…and in the second etching,the multilayer film and the monolayer film are etched by plasma generated from a second processing gas that contains a hydrogen fluoride gas and a phosphorus containing gas, a third recess is formed in at least one of the multilayer film and the monolayer film, and a flow rate of the phosphorus containing gas contained in the first processing gas is different from a flow rate of the phosphorus containing gas contained in the second processing gas.” A further search of the prior art has failed to provide analogous art which teaches or renders obvious Applicant’s claimed limitation. Claims 11-17 are allowable based off their dependency to claim 10.
Conclusion
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/STEPHANIE P DUCLAIR/Primary Examiner, Art Unit 1713