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 .
Election/Restrictions
2. Applicant’s election without traverse of Species A (claims 1-8, 10-20) in the reply filed on 01/27/2026 is acknowledged.
3. Claim 9 is withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 01/27/2026.
Claim Rejections - 35 USC § 112
4. 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.
5. Claims 2-3, 12, 14 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 2 depends on claim 1. In line 6 of claim 1, the applicants recite “wet etching and removing the conformal protection layer”. It is noted that in claim 1, applicants do not explicitly disclose “wet etching the patterned layer”. In line 6 of claim 2, applicants recite “wherein wet etching the patterned layer also removes any remaining portions of the mask protection structure” (emphasis added). It is unclear whether the phrase “wet etching the patterned layer” in claim 2 is referred to “wet etching and removing the conformal protection layer” as recited in claim 1 or it is referred to a different wet etching step.
Claim 3 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph because it depends on indefinite claim 2.
Claim 12 depends on claim 7. In line 7 of claim 7, the applicants recite “wet etching and removing the conformal protection layer”. It is noted that in claim 7, applicants do not explicitly disclose “wet etching the patterned layer”. In line 1 of claim 12, applicants recite “wherein wet etching the patterned layer comprises cleaning the patterned layer using a wet etchant comprising hydrofluoric acid (HF)”. It is unclear whether the phrase “wet etching the patterned layer” in claim 12 is referred to “wet etching and removing the conformal protection layer” as recited in claim 7 or it is referred to a different wet etching step.
Claim 14 depends on claim 7. In line 7 of claim 7, the applicants recite “wet etching and removing the conformal protection layer”. It is noted that in claim 7, applicants do not explicitly disclose “wet etching the patterned layer”. In line 2 of claim 14, applicants recite “wherein wet etching the patterned layer also removes any remaining portions of the hardmask”. It is unclear whether the phrase “wet etching the patterned layer” in claim 14 is referred to “wet etching and removing the conformal protection layer” as recited in claim 7 or it is referred to a different wet etching step.
Claim Rejections - 35 USC § 102
6. 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.
7. 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.
(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.
8. Claims 1, 4 are rejected under 35 U.S.C. 102(a)(1) and/or 102(a)(2) as being anticipated by Wang et al. (US 2015/0087150 A1).
As to claim 1, Wang discloses a method of etching a liner (130) formed between a patterned layer (145) and a substrate, the method comprising:
forming a conformal protection layer (150) over the patterned layer (145) and the liner (130) (See Fig 4, paragraph 0036-0044);
dry etching the liner to expose the substrate using the patterned layer as an etch mask (paragraph 0048-0052, Fig 6); and
wet etching and removing the conformal protection layer (Fig 7, paragraph 0054-0056).
As to claim 4, Wang discloses forming the conformal protection layer (150) and dry etching the line (130) are performed in situ in an etching chamber (Fig 9, paragraph 0039-0056).
9. Claims 1-2, 4-5, 7-8, 11-13 are rejected under 35 U.S.C. 102(a)(1) and/or 102(a)(2) as being anticipated by Huebinger et al. (US 7,651,942 B2).
As to claim 1, Huebinger discloses a method of etching a liner (315) formed between a patterned layer (320 and/or 325) and a substrate, the method comprising:
forming a conformal protection layer (345) over the patterned layer (320/345) and the liner (315) (See Fig 3-4, col. 6-7);
dry etching the liner to expose the substrate using the patterned layer as an etch mask (Fig 6-Fig 8, col. 7 lines 53 to col. 8 lines 28); and
wet etching and removing the conformal protection layer (Fig 9, col. 8 lines 40 to 62).
As to claim 2, Huebinger discloses forming a mask protection structure (350 and/or 360) over the patterned layer (325) and the liner (315) to extend features of the patterned layer before dry etching the liner (Fig 4-5, col. 7 lines 5-52),
wherein dry etching the liner comprises using the mask protection structure as at least part of the etch mask (Fig 6-8, col. 7 lines 52 to col. 8 lines 44), and
wherein wet etching the patterned layer also removes any remaining portions of the mask protection structure (Fig 9 col. 8 lines 45-62).
As to claim 4, Huebinger discloses forming the conformal protection layer (345) and dry etching the liner (315) are performed in situ in an etching chamber (col. 7 lines 25 to col. 8 lines 25, Fig 4 to Fig 8; Note: the substrate is not transferred to a different chamber during the entire process).
As to claim 5, Huebinger disclose wet etching the patterned layer comprises cleaning the patterned layer using a wet etchant comprising hydrofluoric acid (col. 8 lines 40-60).
As to claim 7, Huebinger discloses a method of etching a liner formed between a patterned layer (320 and/or 325) and a substrate, the method comprising:
forming a conformal protection layer (345) over the patterned layer (320 and/or 325) and the liner (315) (See Fig 3-4, col. 6-7);
forming a mask protection structure (350 and/or 360) on upper surfaces of features of the patterned layer (Fig 4-5, col. 7 lines 5-52),;
dry etching the liner to expose the substrate using the mask protection structure as an etch mask (Fig 6-Fig 8, col. 7 lines 53 to col. 8 lines 28); and
wet etching and removing the conformal protection layer (Fig 9, col. 8 lines 40 to 62).
As to claim 8, Huebinger discloses forming the conformal protection layer (345) is performed before forming the mask protection structure (350 and/or 360) (See Fig 4-5).
As to claim 11, Huebinger discloses forming the conformal protection layer, forming the mask protection structure, and dry etching the liner are performed in situ in an etching chamber (col. 7 lines 25 to col. 8 lines 25, Fig 4 to Fig 8; Note: the substrate is not transferred to a different chamber during the entire process).
As to claim 12, Huebinger disclose wet etching the patterned layer comprises cleaning the patterned layer using a wet etchant comprising hydrofluoric acid (col. 8 lines 40-60).
As to claim 13, Huebinger discloses the mask protection structure (350 and/or 360) is a sacrificial structure that is consumed while dry etching the liner (See Fig 6-Fig 8, col. 7 line 53 to col. 8 line 44).
Claim Rejections - 35 USC § 103
10. 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.
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.
11. Claims 6, 15 are rejected under 35 U.S.C. 103 as being unpatentable over Huebinger (US 7,651,932 as applied to claims 1-2, 4-5, 7-8 above, and further in view of Luong (US 2011/0108517 A1)
As to claims 6 and 15, Huebinger fails to disclose repeating the steps of forming the conformal protection layer and dry etching the liner as a cycle before wet etching the patterned layer. However, Huebinger clearly discloses the steps of forming the conformal protection layer and dry etching the liner before wet etching the patterned layer. Luong discloses repeating the steps of forming the conformal protection layer and dry etching the liner as a cycle (Fig 2 paragraph 0007, 0034; Luong’s claim 18). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Huebinger in view of Luong by repeating the steps of forming the conformal protection layer and dry etching the liner as a cycle before wet etching the patterned layer because it helps to completely remove undesired material.
12. Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Huebinger (US 7,651,932 as applied to claims 1-2, 4-5, 7-8 above, and further in view of Nogami et al. (US 2024/0222278 A1).
As to claim 10, Huebinger fails to disclose the patterned layer is a patterned ruthenium interconnect layer. However, Huebinger clearly disclose the present of metal interconnect layer (abstract, col. 3 lines 6-35). Nogami discloses metal interconnect layer comprises metal such as copper, aluminum, tungsten, ruthenium (paragraph 00019, 0033). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Huebinger in view of Nogami by using ruthenium as interconnect layer because equivalent and substitution of one for the other would produce an expected result (See MPEP 2143(I)(B)).
Allowable Subject Matter
13. Claim 3, 14 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
14. Claims 16-20 are allowed.
15. The following is a statement of reasons for the indication of allowable subject matter:
As to claims 16-20, the cited prior arts dry etching the ceramic liner to expose the silicon-containing substrate using the silicon-containing mask protection structure and the hardmask as a liner etch mask using plasma comprising boron and chlorine or comprising a fluorocarbon; and cleaning the patterned ruthenium interconnect layer to remove the ALD protection layer using a wet etchant.
Conclusion
16. 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.
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BINH X. TRAN
Examiner
Art Unit 1713
/BINH X TRAN/ Primary Examiner, Art Unit 1713
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