Prosecution Insights
Last updated: July 17, 2026
Application No. 18/388,548

SELECTIVE DEPOSITION OF MATERIAL COMPRISING SILICON AND NITROGEN

Non-Final OA §102§103§112
Filed
Nov 10, 2023
Priority
Nov 15, 2022 — provisional 63/425,325
Examiner
JANG, BO BIN
Art Unit
2818
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
ASM IP Holding B.V.
OA Round
1 (Non-Final)
88%
Grant Probability
Favorable
1-2
OA Rounds
0m
Est. Remaining
96%
With Interview

Examiner Intelligence

Grants 88% — above average
88%
Career Allowance Rate
541 granted / 613 resolved
+20.3% vs TC avg
Moderate +8% lift
Without
With
+7.6%
Interview Lift
resolved cases with interview
Fast prosecutor
2y 1m
Avg Prosecution
24 currently pending
Career history
629
Total Applications
across all art units

Statute-Specific Performance

§101
0.1%
-39.9% vs TC avg
§103
82.0%
+42.0% vs TC avg
§102
10.9%
-29.1% vs TC avg
§112
5.2%
-34.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 613 resolved cases

Office Action

§102 §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 . Information Disclosure Statement The information disclosure statement (IDS) filed on April 23, 2024, IDS filed on September 18, 2024, IDS filed on June 25, 2025, IDS filed on July 21, 2025, IDS filed on November 24, 2025, IDS filed on January 8, 2026 and IDS filed on March 17, 2026 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the IDSs are considered by the examiner. Election/Restrictions Applicant’s election without traverse of Invention I (claims 1-19) in the reply filed on March 17, 2026 is acknowledged. Claim 20 drawn to non-elected invention has been withdrawn from examination for patentability. Claim Objections Claims 1, 9, 11, 17 and 18 are objected to because of the following informalities: In claim 1, lines 1-2, “material comprising silicon and nitrogen” should read --a material comprising silicon and nitrogen--. In claim 9, line 1, “elemental metal” should read --an elemental metal--. In claim 11, lines 1-2, “silicon-based dielectric material” should read --a silicon-based dielectric material--. In claim 17, line 1, “comprises” should read --comprising--. In claim 17, line 2, “4 at-%” should read --4 atomic percentage (at-%) halogen--. In claim 18, line 9, “on the first surface” should read --on a first surface--. Appropriate correction is required. 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. Claim 17 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 pre-AIA the applicant regards as the invention. A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) is considered indefinite, since the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). Note the explanation given by the Board of Patent Appeals and Interferences in Ex parte Wu, 10 USPQ2d 2031, 2033 (Bd. Pat. App. & Inter. 1989), as to where broad language is followed by "such as" and then narrow language. The Board stated that this can render a claim indefinite by raising a question or doubt as to whether the feature introduced by such language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims. Note also, for example, the decisions of Ex parte Steigewald, 131 USPQ 74 (Bd. App. 1961); Ex parte Hall, 83 USPQ 38 (Bd. App. 1948); and Ex parte Hasche, 86 USPQ 481 (Bd. App. 1949). In the present instance, claim 17 recites the broad range/limitation “less than about 4 at-%” of halogen and the narrow range/limitation “less than about 2 at-%” of halogen together. For the examination purpose, claim 17 is considered as the claim does not include the above ranges/limitations. 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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claims 1-7, 11-14, 17, 18 and 22 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Nakatani et al. JP 2023134199 (Nakatani et al. US 2023/0287567, equivalent to the JP document, as an English translation, is used in rejection). Regarding claim 1, Nakatani teaches a method of selectively depositing material comprising silicon and nitrogen on a first surface of a substrate relative to a second surface of the same substrate (e.g., Figs. 5A-5D, the description thereof; also see Figs. 1-4 and the description thereof for additional details), the method comprising: providing the substrate (e.g., 200, Figs. 1-2, [61]) in a reaction chamber (e.g., 201, Figs. 1-2, [17]); providing a silicon precursor comprising silicon and halogen (e.g., [116], [117]) into the reaction chamber in a vapor phase (e.g., [101], [102]); and providing a nitrogen precursor (e.g., [130]) into the reaction chamber in a vapor phase (e.g., [118], [119]), to selectively deposit the material comprising silicon and nitrogen (e.g., first film, Fig. 5C, [131]) on the first surface (e.g., second surface of the second base, Fig. 5C, [62]) relative to the second surface (e.g., first surface of the first base, Fig. 5C, [62]) of the substrate. Regarding claim 2, Nakatani teaches the method of claim 1, wherein the silicon precursor comprises a halosilane (e.g., [116], [117]). Regarding claim 3, Nakatani teaches the method of claim 2, wherein the halogen in the halosilane is selected from the group consisting of iodine and chlorine (e.g., [116], [117]). Regarding claim 4, Nakatani teaches the method of claim 3, wherein the halosilane is a fully halogenated chlorosilane (e.g., [116]). Regarding claim 5, Nakatani teaches the method of claim 1, wherein the nitrogen precursor consists of nitrogen and hydrogen (e.g., [130]). Regarding claim 6, Nakatani teaches the method of claim 1, wherein the second surface is passivated (e.g., inhibitor layer, Fig. 5C, [88]). Regarding claim 7, Nakatani teaches the method of claim 6, wherein the passivation comprises an organic polymer, a self-assembled monolayer (SAM) or a small-molecular inhibitor (e.g., [88]). Regarding claim 11, Nakatani teaches the method of claim 1, wherein the second surface comprises silicon-based dielectric material (e.g., first surface of the first base, Fig. 5C, [62], [40]). Regarding claim 12, Nakatani teaches the method of claim11, wherein the second surface comprises a low k material (e.g., silicon oxide, [62], [40]; Applicant does not recite what the low k material specifically refers to, thus, the silicon oxide is considered as a low k material). Regarding claim 13, Nakatani teaches the method of claim 12, wherein the second surface comprises passivation (e.g., inhibitor layer, Fig. 5C, [88]). Regarding claim 14, Nakatani teaches the method of claim 13, wherein the passivation is selectively deposited on the second surface relative to the first surface by providing a passivation agent into the reaction chamber (e.g., [84], [85]), and wherein the passivation agent is selected from the group consisting of silylating agents and materials comprising polyimide (e.g., [88]). Regarding claim 17, Nakatani teaches the method of claim 1, wherein the deposited material comprises silicon and nitrogen comprises less than about 4 at-%, or less than about 2 at-% halogen (e.g., [131]; see the 112 rejection above). Regarding claim 18, Nakatani teaches the method of claim 1, wherein the method does not comprise providing a metal-containing reactant into the reaction chamber (e.g., there is no step providing a metal-containing reactant found in the Nakatani document). Regarding claim 22, Nakatani teaches the method of claim 1, wherein the providing a silicon precursor comprising silicon and halogen into the reaction chamber in a vapor phase and the providing a nitrogen precursor into the reaction chamber in a vapor phase are each repeated two or more times to define a cyclic deposition process (e.g., Fig. 4, [131]). 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 of this title, 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. Claims 15 and 16 are rejected are rejected under 35 U.S.C. 103 as being unpatentable over Nakatani et al. JP 2023134199 (Nakatani et al. US 2023/0287567, equivalent to the JP document, as an English translation, is used in rejection) in view of Schmitz et al. US 2001/0028100. Regarding claim 15, Nakatani teaches the method of claim 1 as discussed above. Nakatani does not explicitly teach wherein the deposited material comprising silicon and nitrogen consists essentially of, or consists of, silicon, nitrogen and hydrogen. Nakatani, however, recognizes that the material layer comprising silicon and nitrogen may be a silicon nitride (SiN) layer (e.g., [131]), which is formed by using a silane-based gas and ammonia gas (e.g., [116], [130]). It has been well known in the art that a silicon nitride layer formed by using a silane-based gas and ammonia may have hydrogen to some extent as suggested by Schmitz (e.g., [27], [33]). Thus, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention that the material layer comprising silicon and nitrogen such as a SiN layer of Nakatani may have hydrogen as suggested by Schmitz for example. Regarding claim 16, Nakatani teaches the method of claim 1 as discussed above. Nakatani does not explicitly teach wherein the deposited material comprising silicon and nitrogen consists essentially of, or consists of silicon, nitrogen, hydrogen and a fourth element. Nakatani, however, recognizes that the material layer comprising silicon and nitrogen may be a silicon nitride (SiN) layer (e.g., [131]), which is formed by using a silane-based gas and ammonia gas (e.g., [116], [130]). It has been well known in the art that a silicon nitride layer formed by using a silane-based gas and ammonia may have hydrogen and oxygen to some extent as suggested by Schmitz (e.g., [27], [33]). Thus, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention that the material layer comprising silicon and nitrogen such as a SiN layer of Nakatani may have hydrogen and oxygen as suggested by Schmitz for example. Claims 19 is rejected are rejected under 35 U.S.C. 103 as being unpatentable over Nakatani et al. JP 2023134199 (Nakatani et al. US 2023/0287567, equivalent to the JP document, as an English translation, is used in rejection) in view of Trois et al. US 2018/0233350. Regarding claim 19, Nakatani teaches a method of depositing a material comprising silicon and nitrogen (e.g., Figs. 5A-5D, the description thereof, [131]; also see Figs. 1-4 and the description thereof for additional details), the method comprising: providing a substrate (e.g., 200, Figs. 1-2, [61]) in a reaction chamber (e.g., 201, Figs. 1-2, [17]); providing a silicon precursor (e.g., [116], [117]) comprising silicon and halogen into the reaction chamber in a vapor phase (e.g., [101], [102]); and providing a nitrogen precursor (e.g., [130]) into the reaction chamber in a vapor phase (e.g., [118], [119]), to form the material layer comprising silicon and nitrogen (e.g., first film, Fig. 5C, [113]) on the first surface (e.g., second surface of the second base. Fig. 5C, [62]). Nakatani does not explicitly teach the material layer comprising silicon and nitrogen is an etch stop layer. Nakatani, however, recognizes that the material layer comprising silicon and nitrogen may be a silicon nitride (SiN) layer (e.g., [131]). Trois teaches a silicon nitride (SiN) layer may be an etch stop layer (e.g., [248]). Thus, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention that the material layer comprising silicon and nitrogen such as a SiN layer of Nakatani may be an etch stop layer as suggested by Trois for the purpose of its conventional use for example. Claims 1 and 8-10 are rejected are rejected under 35 U.S.C. 103 as being unpatentable over Illiberi et al. US 2022/0181163 in view of Nakatani et al. JP 2023134199 (Nakatani et al. US 2023/0287567, equivalent to the JP document, as an English translation, is used in rejection). Regarding claim 1, Illiberi teaches a method of selectively depositing material comprising silicon and nitrogen on a first surface of a substrate relative to a second surface of the same substrate (e.g., Fig. 2A, the description thereof; also see Fig. 1 and the description thereof for additional details), the method comprising: providing the substrate (e.g., 20 and 22, Fig. 2A, panel III, [68]; [21], [37]) in a reaction chamber (e.g., Fig. 1, phases 11-13); to selectively deposit the material comprising silicon and nitrogen (e.g., silicon nitride of 24, Fig. 2A, panel IV, [63]) on the first surface (e.g., first surface of 20, Fig. 2A, panel IV; [21]) relative to the second surface of the substrate (e.g., second surface of 22, Fig. 2A, panel IV; [37]). Illiberi does not explicitly teach providing a silicon precursor comprising silicon and halogen into the reaction chamber in a vapor phase; and providing a nitrogen precursor into the reaction chamber in a vapor phase. It has been well known in the art that a silicon nitride layer is formed by providing a silicon precursor comprising silicon and halogen into the reaction chamber in a vapor phase; and providing a nitrogen precursor into the reaction chamber in a vapor phase as suggested by Nakatani (e.g., [116], [117], [101], [102], [130], [118], [119]). Thus, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Illiberi to include providing a silicon precursor comprising silicon and halogen into the reaction chamber in a vapor phase; and providing a nitrogen precursor into the reaction chamber in a vapor phase as suggested by Nakatani for the purpose of the use of the conventional method for manufacturing a silicon nitride layer for example. Regarding claim 8, Illiberi in view of Nakatani teaches the method of claim 1, wherein the first surface is a conductive surface (e.g., Illiberi, first surface of 20, [21]). Regarding claim 9, Illiberi in view of Nakatani teaches the method of claim 8, wherein the first surface comprises elemental metal (e.g., Illiberi, [21]). Regarding claim 10, Illiberi in view of Nakatani teaches the method of claim 9, wherein the elemental metal is selected from the group consisting of Cu, Co, Ru, W, Ti, Al, Ta and Mo (e.g., Illiberi, [21]). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to Bo Bin Jang whose telephone number is (571) 270-0271. The examiner can normally be reached on M-F from 9:00 AM to 6:00 PM EST. 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, Eva Montalvo can be reached at (571) 270-3829. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://portal.uspto.gov/external/portal. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) OR 571-272-1000. /BO B JANG/Primary Examiner, Art Unit 2818 May 29, 2026
Read full office action

Prosecution Timeline

Nov 10, 2023
Application Filed
Jun 03, 2026
Non-Final Rejection mailed — §102, §103, §112 (current)

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Prosecution Projections

1-2
Expected OA Rounds
88%
Grant Probability
96%
With Interview (+7.6%)
2y 1m (~0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 613 resolved cases by this examiner. Grant probability derived from career allowance rate.

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