Prosecution Insights
Last updated: April 19, 2026
Application No. 18/470,878

FILM FORMING METHOD AND SUBSTRATE PROCESSING SYSTEM

Non-Final OA §103
Filed
Sep 20, 2023
Examiner
BENNETT, CHARLEE
Art Unit
1718
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Tokyo Electron Limited
OA Round
1 (Non-Final)
57%
Grant Probability
Moderate
1-2
OA Rounds
3y 8m
To Grant
93%
With Interview

Examiner Intelligence

Grants 57% of resolved cases
57%
Career Allow Rate
309 granted / 539 resolved
-7.7% vs TC avg
Strong +36% interview lift
Without
With
+36.0%
Interview Lift
resolved cases with interview
Typical timeline
3y 8m
Avg Prosecution
56 currently pending
Career history
595
Total Applications
across all art units

Statute-Specific Performance

§101
0.2%
-39.8% vs TC avg
§103
58.9%
+18.9% vs TC avg
§102
7.8%
-32.2% vs TC avg
§112
26.3%
-13.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 539 resolved cases

Office Action

§103
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 . Priority Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55. 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. Claim(s) 1, 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 20200098627 to Ishizaka in view of US 20190214230 to Cui. Claim 1: Ishizaka discloses a film forming method comprising: preparing, on a stage (602 [support member], Fig. 2), a substrate (W [wafer]) having an insulating layer (110 [insulating film], Fig. 3A), in which a recess (113 [recess]) defined by an upper portion (upper portion of 113), a side wall portion (side wall portion of 113), and a bottom portion (bottom portion of 113) is formed, and a tungsten layer (102 [metal layer], para. [0056]) exposed from the bottom portion of the recess (para. [0059]); removing a tungsten oxide film (102a [metal oxide film], Fig. 3A-3B), which has been formed by oxidizing the tungsten layer at the bottom portion (para. [0059-0060]); and embedding a ruthenium film (210 [ruthenium-embedded layer], Fig. 3C) in the recess (113) after removing the tungsten oxide film (102a, para. [0062]). However Ishizaka does not disclose removing the tungsten oxide film by supplying TiCl4 gas to at least the bottom portion of the recess. Cui teaches removing the tungsten oxide film (555 [tungsten oxide], Fig. 5C-5D) by supplying TiCl4 gas to at least the bottom portion of the recess (535 [bottom] of 505 [trench], para. [0059-0060]), for the purpose of selectively etching the target materials (para. [0059-0060]). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to incorporate the metal halide gas which includes TiCl4 gas for removing the tungsten oxide film as taught by Cui with motivation to selectively etch the target materials. Claim 9: The method of Ishizaka in view of Cui discloses wherein the insulating layer (110, Fig. 3A, Ishizaka) is any of a silicon oxide film, a silicon nitride film, and a layer formed by forming a silicon oxide film on a silicon nitride film (para. [0057]). Claim(s) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 20200098627 to Ishizaka in view of US 20190214230 to Cui. Claim 17: Ishizaka discloses a substrate processing system comprising: a plurality of processing chambers (11-14 [processing chambers], Fig. 1) including a first processing chamber (any one of 11-14) and a second processing chamber (another one of 11-14); a vacuum transfer chamber (20 [vacuum transport chamber]) configured to vacuum-transfer a substrate (W [wafer]) between the plurality of processing chambers (any of 11-14); and a controller (70 [control device]), wherein the controller (70) is configured to control a process comprising: preparing, on a stage (602 [support member], Fig. 2), a substrate (W [wafer]) having an insulating layer (110 [insulating film], Fig. 3A), in which a recess (113 [recess]) defined by an upper portion (upper portion of 113), a side wall portion (side wall portion of 113), and a bottom portion (bottom portion of 113) is formed, and a tungsten layer (102 [metal layer], para. [0056]) exposed from the bottom portion of the recess (para. [0059]); removing a tungsten oxide film (102a [metal oxide film], Fig. 3A-3B), which has been formed by oxidizing the tungsten layer at the bottom portion (para. [0059-0060]); and embedding a ruthenium film (210 [ruthenium-embedded layer], Fig. 3C) in the recess (113) after removing the tungsten oxide film (102a, para. [0062]). However Ishizaka does not disclose removing the tungsten oxide film by supplying TiCl4 gas to at least the bottom portion of the recess. Cui teaches removing the tungsten oxide film (555 [tungsten oxide], Fig. 5C-5D) by supplying TiCl4 gas to at least the bottom portion of the recess (535 [bottom] of 505 [trench], para. [0059-0060]), for the purpose of selectively etching the target materials (para. [0059-0060]). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to incorporate the metal halide gas which includes TiCl4 gas for removing the tungsten oxide film as taught by Cui with motivation to selectively etch the target materials. Allowable Subject Matter Claims 2-8 are objected to as being dependent upon a rejected independent claim, but would be allowable if rewritten into the independent claim including all of the limitations of the independent claim and any intervening claims. Claims 10-16 are allowed. The following is a statement of reasons for the indication of allowable subject matter: The prior art of record discloses a film forming method of embedding a ruthenium film in a recess, the film forming method comprising: preparing, on a stage, a substrate having an insulating layer, in which the recess defined by an upper portion, a side wall portion, and a bottom portion is formed, and a tungsten layer exposed from the bottom portion of the recess. However the prior art of record fails to teach or suggest and forming a titanium film on the exposed tungsten layer before embedding a ruthenium in the recess, wherein the tungsten layer exposed from the bottom portion is suppressed from being oxidized by the titanium film, as set forth in the pending claims. The method of Ishizaka in view of Cui fail to disclose the limitations above. Further, no other prior art was located that fairly suggested the claimed invention in whole or in part, along with the requisite motivation for combination, to anticipate or render the claimed invention obvious. This subject matter is therefore rendered allowable. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 20220301882 discloses a similar process (but without titanium film, Fig. 5A-5C) by same assignee. US 20210010135 discloses a similar process (but without titanium film, Fig. 1B-1D, para. [0019]). US 20240363405 (para. [0027-0032]), US 20240355615 (para. [0062-0073]) discloses a very similar process by same assignee and one inventor. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Charlee J. C. Bennett whose telephone number is (571)270-7972. The examiner can normally be reached M-Th 10am-6pm. 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, Gordon Baldwin can be reached at 5712725166. 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. /Charlee J. C. Bennett/Primary Examiner, Art Unit 1718
Read full office action

Prosecution Timeline

Sep 20, 2023
Application Filed
Feb 03, 2026
Non-Final Rejection — §103 (current)

Precedent Cases

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
57%
Grant Probability
93%
With Interview (+36.0%)
3y 8m
Median Time to Grant
Low
PTA Risk
Based on 539 resolved cases by this examiner. Grant probability derived from career allow rate.

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