Prosecution Insights
Last updated: July 17, 2026
Application No. 18/481,715

METHOD OF PROCESSING SUBSTRATE, METHOD OF MANUFACTURING SEMICONDUCTOR DEVICE, RECORDING MEDIUM, AND SUBSTRATE PROCESSING APPARATUS

Final Rejection §103§112
Filed
Oct 05, 2023
Priority
Oct 21, 2022 — JP 2022-168735
Examiner
REAMES, MATTHEW L
Art Unit
2896
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Kokusai Electric Corporation
OA Round
2 (Final)
77%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
95%
With Interview

Examiner Intelligence

Grants 77% — above average
77%
Career Allowance Rate
844 granted / 1097 resolved
+8.9% vs TC avg
Strong +18% interview lift
Without
With
+18.0%
Interview Lift
resolved cases with interview
Typical timeline
2y 8m
Avg Prosecution
45 currently pending
Career history
1123
Total Applications
across all art units

Statute-Specific Performance

§101
0.5%
-39.5% vs TC avg
§103
75.2%
+35.2% vs TC avg
§102
5.2%
-34.8% vs TC avg
§112
11.5%
-28.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1097 resolved cases

Office Action

§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 . Drawings The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the claim 17 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance. Claim Rejections - 35 USC § 112 The following is a quotation of the first paragraph of 35 U.S.C. 112(a): (a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention. The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112: The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention. Claim 17 and 19 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. As to claim 17, claim 17 recites: wherein a plurality of recesses is formed in the substrate, wherein the first metal film is exposed on a bottom surface of each of the plurality recesses, and wherein the insulating film is exposed on one or more sidewall surfaces of each of the plurality recesses. Further claim 17 does not occur after the deposition of the second metal since it covers the inner surfaces so the first metal is exposed. It appears applicant mean providing a substrate that includes recesses… However, there is no figure that represent the substrate so it is unclear what is meant. However, paragraph 91 recites When recesses and protrusions are formed on the wafer 200, a metal film is exposed on the inner surfaces of the recesses, and an insulating film is exposed on the side surfaces of the recesses, the second metal-containing films can be formed from the inner surface of the wafer 200. That is, the inside of the recesses can be uniformly filled with the second metal-containing film. In addition, by filling the second metal-containing film from the inner surfaces of the recesses, it is possible to prevent the protrusions (the side walls of the recesses) from collapsing. That is, it is possible to prevent the pattern formed on the wafer 200 from collapsing. The specification indicates inner surface not bottom surface. As to claim 19, claim recites wherein supplying the modifying gas in (c) increases a deposition rate of the second film in (b) and reduces selectivity of formation of the second film. However, this is not consistent with the specification. The specification paragraph 91 states: By performing the process of forming the modified layer after the process of forming the first film, in the process of forming the second film, the film formation amount can be made larger than the etching amount in each portion. That is, the second film can be uniformly formed on the wafer 200 in the process of forming the second film performed after the process of forming the modified layer. In other words, the selectivity in forming the second film can be reduced. Specifically, a layer containing PHx is formed as the modified layer by using the PH3 gas as the modifying gas. A chemical reaction easily occurs between PHx and a halide, a layer containing the second metal is formed on the wafer 200, and molecules containing P are desorbed from the modified layer. The molecules containing P may be, for example, phosphoryl chloride (POCl3). Since such a reaction occurs, the deposition rate of the second metal-containing film can be improved. That is, a state in which the deposition rate exceeds the etching rate can be set. Due to this chemical reaction, the element contained in the modified layer (for example, P) is incorporated into the second metal-containing film (it can also be said that the element contained in the modified layer diffuses into the second metal-containing film). This makes clear the gas per se does not perform the function instead it is a modified layer formed from the gas and the first layer that is formed that performs the function. Applicant does not point to where support for the amendment comes from (MPEP 714.02). Thus, since this is the only recitation that can be found the claim is found to be new matter. 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 17-19 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. a. As to claim 17, claim 17 recites wherein a plurality of recesses are formed in the substrate, wherein the first metal film is exposed on a bottom surface of each of the plurality recesses, and wherein the insulating film is exposed on one or more sidewall surfaces of each of the plurality recesses. First is unclear when this occurs to the steps of claim 1, Further it is unclear what is meant by exposed on a bottom surface. Further since the second metal is formed on the inner surface so after the second metal is formed the first metal is not exposed. This appears to be providing such a substrate that has the property but applicant does not provide a figure of the substrate so it is unclear what is truly meant. b. Claim 18 recites wherein in (a), a second metal-containing layer is formed on the first metal film and the insulating film, and an etching reaction, in which the second-metal-containing gas or a reaction by-product generated by using the second- metal-containing gas etches the second metal-containing layer, occurs such that a film formation amount of the second metal-containing layer on the first film is larger than an etching amount of the second metal-containing layer on the first film and a film formation amount of second metal-containing layer on the insulating film is smaller than an etching amount of the second metal-containing layer on the insulating film. This is reciting the gas by what it does not by as structure. Beyond the halide recited in paragraph 48 applicant gives no other guidance. As such per MPEP 2173.05 g Functional language the claim is unclear what is included and excluded beyond what is disclosed in the specification b. Claim 19 recites wherein supplying the modifying gas in (c) increases a deposition rate of the second film in (b) and reduces selectivity of formation of the second film. However, there is no support provided and it is unclear what gas performs the function MPEP 2173.05g 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, 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. Claim(s) 1,4,5,6-16 and 18-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Degai. a. As to claim 1, Degai teaches A method of processing a substrate, comprising: (a) supplying a second-metal-containing gas, which contains a second metal, to the substrate including a first metal film, which contains a first metal, and an insulating film to form a first film containing the second metal on the first metal film (see claim 1). Claim 1 recites: (a) forming a second metal film on a substrate with a first metal film and an insulating film formed on a surface thereof by alternately supplying a metal-containing gas and a reactive gas onto the substrate Degai further teaches and (b) supplying the second-metal-containing gas to the substrate to form a second film containing the second metal on the first film and the insulating film (see figure 4C shows cycle 1 see also figures 5-10 which show the deposition of multiple W layers). Degai paragraph 138 states in reference to figure 10: In the H.sub.2 gas and WF.sub.6 gas supplying step, the APC valve 243 is appropriately controlled to adjust the inner pressure of the process chamber 201 to a predetermined pressure. For example, the predetermined pressure of the process chamber 201 may range from 10 Pa to 3,990 Pa. The flow rate of the H.sub.2 gas supplied into the process chamber 201 is adjusted by the MFC 312 to a predetermined flow rate. For example, the predetermined flow rate of the H.sub.2 gas may range from 100 sccm to 20,000 sccm. The flow rate of the WF.sub.6 gas supplied into the process chamber 201 is adjusted by the MFC 322 to a predetermined flow rate. For example, the predetermined flow rate of the WF.sub.6 gas may range from 10 sccm to 1,000 sccm. The flow rates of the N.sub.2 gas supplied into the process chamber 201 are adjusted by the MFCs 512, 522, 532 and 542 to predetermined flow rates, respectively. For example, the predetermined flow rates of the N.sub.2 gas supplied into the process chamber 201 may range from 10 sccm to 10,000 sccm, respectively. For example, the time duration of supplying the H.sub.2 gas and the WF.sub.6 gas onto the wafer 200 (that is, the gas supply time or the irradiation time), may be set to a predetermined time ranging from 1 second to 1,000 seconds. The temperature of the heater 207 is adjusted such that the temperature of the wafer 200 may become a predetermined temperature. For example, the predetermined temperature of the wafer 200 may range from 100° C. to 600° C. In the H.sub.2 gas and WF.sub.6 gas supplying step, only the H.sub.2 gas and the WF.sub.6 gas are supplied into the process chamber 201. By supplying the WF.sub.6 gas into the process chamber 201, a tungsten bulk layer having a thickness of, for example, from 10 nm to 30 nm, is formed on the tungsten nucleus layer on the wafer 200. Degai does not explicitly teach wherein a supply flow rate of the second-metal-containing gas in (a) is set to be larger than a supply flow rate of the second-metal-containing gas in (b). The claim does not limit which is the first step and second step in the cycle. To optimize growth the W films properties sometimes the flow rate will be greater for example if one desired a fast deposition of the Bulk W in figure 10. Thus, it would have been obvious to one of ordinary skill in the art at the time of filing to optimized the W supply rate during Bulk W deposition in figure 10 to be larger than the nucleus flow rate for the desired growth rate a while maintaining good film quality and faster through put. Contrary to the assertion of applicant there is not requirement that the steps be within the same cycle as long as the steps occur with any subsequent cycle of the process the methods step is met. PNG media_image1.png 711 989 media_image1.png Greyscale b. As to claim 4, In the embodiment of figure 10 Degai forms a W nucleus layer (nth cycle of each cycle) and then a bulk tungsten ( the final W deposition step of each cycle). Thus, comparing the final W deposition cycle to the 1 cycle to the 2nd cycle ( nucleus forming step of the second). Thus, the amount of W supplied in greater in the 1 step than the second and in view of figure 10 the time that W is supplied is longer in the first step than the second. Thus, Degai wherein a supply amount of the second-metal-containing gas in (a) is set to be larger than a supply amount of the second-metal-containing gas in (b) and wherein a supply time of the second-metal-containing gas in (a) is set to be larger than a supply time of the second-metal-containing gas in (b). PNG media_image2.png 711 989 media_image2.png Greyscale c. As to claim 5, Degai paragraph 138 states in reference to figure 10: In the H.sub.2 gas and WF.sub.6 gas supplying step, the APC valve 243 is appropriately controlled to adjust the inner pressure of the process chamber 201 to a predetermined pressure. For example, the predetermined pressure of the process chamber 201 may range from 10 Pa to 3,990 Pa. The flow rate of the H.sub.2 gas supplied into the process chamber 201 is adjusted by the MFC 312 to a predetermined flow rate. For example, the predetermined flow rate of the H.sub.2 gas may range from 100 sccm to 20,000 sccm. The flow rate of the WF.sub.6 gas supplied into the process chamber 201 is adjusted by the MFC 322 to a predetermined flow rate. For example, the predetermined flow rate of the WF.sub.6 gas may range from 10 sccm to 1,000 sccm. The flow rates of the N.sub.2 gas supplied into the process chamber 201 are adjusted by the MFCs 512, 522, 532 and 542 to predetermined flow rates, respectively. For example, the predetermined flow rates of the N.sub.2 gas supplied into the process chamber 201 may range from 10 sccm to 10,000 sccm, respectively. For example, the time duration of supplying the H.sub.2 gas and the WF.sub.6 gas onto the wafer 200 (that is, the gas supply time or the irradiation time), may be set to a predetermined time ranging from 1 second to 1,000 seconds. The temperature of the heater 207 is adjusted such that the temperature of the wafer 200 may become a predetermined temperature. For example, the predetermined temperature of the wafer 200 may range from 100° C. to 600° C. In the H.sub.2 gas and WF.sub.6 gas supplying step, only the H.sub.2 gas and the WF.sub.6 gas are supplied into the process chamber 201. By supplying the WF.sub.6 gas into the process chamber 201, a tungsten bulk layer having a thickness of, for example, from 10 nm to 30 nm, is formed on the tungsten nucleus layer on the wafer 200. Degai does not explicitly teach wherein a pressure in a space in which the substrate exists in (a) is set to be larger than a pressure in the space in which the substrate exists in (b). Further it was known to use low pressure deposition of W for high quality W films and high pressure for faster deposition rates. Thus, it would have been obvious to one of ordinary skill in the art at the time of filing for the Bulk Deposition step to increase the pressure for faster deposition rates while the nucleus layers are formed at low pressure for good quality films. PNG media_image3.png 711 989 media_image3.png Greyscale d. As to claim 6,8,9,10, and 19 Degai teaches further comprising: (c) supplying a modifying gas before (b) which is B2H6 see figure 10. B2H6 is Hydrogen with a group 13 element (Boron) and PH3 paragraph 147. Applicant paragraph 91 indicates the PH.sub.x performs the function of wherein supplying the modifying gas in (c) increases a deposition rate of the second film in (b) and reduces selectivity of formation of the second film since it forms a modified layer. Thus, since the material is the same as the modifying gas as disclosed it reads on the claim. e. As to claim 7 Degai teaches wherein in (a) and (b), a reducing gas is supplied, and the modifying gas is a compound different from the reducing gas (paragraph 34 both B2H6 and H2 can be supplied) B2H6 is the modifying gas H2 is the reducing gas). f. As to claim 11, Degai teaches the first metal is Ti paragraph 59 and the second metal is W (see figure 10 W deposition). g. As to claim 12, Degai teaches wherein (a) includes: (a1) supplying the second-metal-containing gas to the substrate; and (a2) supplying a first reducing gas to the substrate (each cycle comprises flowing B2H6 then WF6) since the steps are arbitrary any cycle that supplies both can be treated as step a). h. As to claim 13 Degai teaches wherein (b) includes: (b1) supplying the second-metal-containing gas to the substrate; and (b2) supplying a second reducing gas to the substrate (each cycle comprises flowing B2H6 then WF6) since the steps are arbitrary any cycle that supplies both can be treated as step b). i. As to claim 14, Degai teaches A method of manufacturing a semiconductor device, comprising the method of Claim 1 (paragraph 3 MOSFET comprise semiconductor materials). j. As to claim 15, A non-transitory computer-readable recording medium storing a program that cause, by a computer, a substrate processing apparatus to perform a process comprising (paragraph 2): (a) supplying a second-metal-containing gas, which contains a second metal, to the substrate including a first metal film, which contains a first metal, and an insulating film to form a first film containing the second metal on the first metal film (see claim 1). Claim 1 recites: (a) forming a second metal film on a substrate with a first metal film and an insulating film formed on a surface thereof by alternately supplying a metal-containing gas and a reactive gas onto the substrate Degai further teaches and (b) supplying the second-metal-containing gas to the substrate to form a second film containing the second metal on the first film and the insulating film (see figure 4C shows cycle 1 see also figures 5-10 which show the deposition of multiple W layers). k. As to claim 16, Degai teaches A substrate processing apparatus, comprising: a gas supply system (paragraph 39) configured to supply: (a) supplying a second-metal-containing gas, which contains a second metal, to the substrate including a first metal film, which contains a first metal, and an insulating film to form a first film containing the second metal on the first metal film (see claim 1). Claim 1 recites: (a) forming a second metal film on a substrate with a first metal film and an insulating film formed on a surface thereof by alternately supplying a metal-containing gas and a reactive gas onto the substrate Degai further teaches and (b) supplying the second-metal-containing gas to the substrate to form a second film containing the second metal on the first film and the insulating film (see figure 4C shows cycle 1 see also figures 5-10 which show the deposition of multiple W layers). l. As to claim 18, recitation of wherein in (a), a second metal-containing layer is formed on the first metal film and the insulating film, and an etching reaction, in which the second-metal-containing gas or a reaction by-product generated by using the second- metal-containing gas etches the second metal-containing layer, occurs such that a film formation amount of the second metal-containing layer on the first film is larger than an etching amount of the second metal-containing layer on the first film and a film formation amount of second metal-containing layer on the insulating film is smaller than an etching amount of the second metal-containing layer on the insulating film appears to have support from paragraph 48. Degai teaches WF6 where fluorine is a halogen/halide thus the outcome a second metal-containing layer is formed on the first metal film and the insulating film, and an etching reaction, in which the second-metal-containing gas or a reaction by-product generated by using the second- metal-containing gas etches the second metal-containing layer, occurs such that a film formation amount of the second metal-containing layer on the first film is larger than an etching amount of the second metal-containing layer on the first film and a film formation amount of second metal-containing layer on the insulating film is smaller than an etching amount of the second metal-containing layer on the insulating film appears is inherent since the halide can simply reabsorb the W further Degai teaches that a film is deposited thus whatever reabsorption occurs is less than the deposition rate. Response to Arguments Applicant's arguments filed 5/7/2026 have been fully considered but they are not persuasive. Applicant contends: Further, FIG. 4C of Degai confirms that the supply flow rate is not varied within a single cycle. As shown in FIG. 4C, on Surface Portion A, the film thickness increases at a constant slope throughout the cycle, both during Interval A and during Interval B. The constant slope across Interval A and Interval B indicates that the deposition rate, and thus the supply flow rate, remains unchanged between these two intervals. If the supply flow rate were changed between Interval A and Interval B, for instance, if the flow rate were increased during Interval B such that it became larger than during Interval A, the slope of the film thickness curve on Surface Portion A would increase during Interval B, reflecting a higher deposition rate and a correspondingly greater film thickness increment per unit time. No such change in slope is observed in FIG. 4C. This confirms that Degai maintains a constant supply flow rate across both Interval A and Interval B within a single cycle. However, there is no requirement that the steps be within the same cycle. They can occur in subsequent step. The second gas can be with any step as long as it is on the first metal. Thus, applicant arguments are not commensurate with the claim scope. With respect to claim 17, no art rejection is provided it is too unclear when the recitation of wherein a plurality of recesses is formed in the substrate, wherein the first metal film is exposed on a bottom surface of each of the plurality recesses, and wherein the insulating film is exposed on one or more sidewall surfaces of each of the plurality recesses occurs. Further there is no figures so it is unclear what is meant by a bottom surface. Further the specification indicates: When recesses and protrusions are formed on the wafer 200, a metal film is exposed on the inner surfaces of the recesses, and an insulating film is exposed on the side surfaces of the recesses, the second metal-containing films can be formed from the inner surface of the wafer 200. That is, the inside of the recesses can be uniformly filled with the second metal-containing film. In addition, by filling the second metal-containing film from the inner surfaces of the recesses, it is possible to prevent the protrusions (the side walls of the recesses) from collapsing. That is, it is possible to prevent the pattern formed on the wafer 200 from collapsing. Thus, it is not bottom surfaces but inner surfaces whatever that is to indicate. Applicant is remined of the duty to point out amendment support MPEP 714.02. Conclusion 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. Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW L REAMES whose telephone number is (571)272-2408. The examiner can normally be reached M-Th 6:00 am-4:00 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, William F. Kraig can be reached at 571-272-8660. 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. /MATTHEW L. REAMES/ Primary Examiner Art Unit 2896 /MATTHEW L REAMES/ Primary Examiner, Art Unit 2896
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Prosecution Timeline

Oct 05, 2023
Application Filed
Feb 10, 2026
Non-Final Rejection mailed — §103, §112
May 07, 2026
Response Filed
Jun 02, 2026
Final Rejection mailed — §103, §112 (current)

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Expected OA Rounds
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Grant Probability
95%
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