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 .
Response to Amendment
2. This office action is responsive to applicant’s amendment filed on 05/19/2026. Claims 1-17 are pending. Claim 1 has been amended. Claim 17 is withdrawn. The applicant’s amendment raise new ground of rejection as discussed below.
Response to Arguments
3. The applicant’s amendment filed on 05/19/2026 along with the remark were sufficient to overcome the examiner’s previous ground of rejection under 35 U.S.C 112(b).
However, the applicant’s amendment raise new ground of rejection under 35 U.S.C 102(a)(1), 102(a)(2) and 103 as discussed below using new cited prior arts.
Claim Rejections - 35 USC § 102
4. 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.
5. 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.
6. Claim 1-6, 9-12, 16-17 are rejected under 35 U.S.C. 102(a)(1) and/or 102(a) as being anticipated by Wu et al. (WO 2021/088670 A1), English translation via Wu et al. (US 2022/0375762 A1).
Note: All [paragraph numbers] cited below are based on Wu et al. (US 2022/0375762 A1).
As to claim 1, Wu discloses A substrate-processing method comprising:
a) providing at least one substrate having a surface, the at least one substrate including a silicon oxide film (11) and a silicon nitride film (12) on the surface (abstract, paragraph [0006], [0041]-[0042];
b) supplying a gas mixture to the surface, thereby etching the silicon oxide film, the gas mixture including fluorine-containing gas and basic gas (paragraph [0007], [0013], [0046]-[0054];
c) purging the surface; [paragraph [00414]-[0015], [0052]-[0053]] and
d) alternatingly repeating b) and c), wherein a time period for one execution of b) is longer than a first time period from a start of b) to a start of etching of the silicon oxide film and shorter than a second time period from the start of b) to a start of etching of the silicon nitride film, such that the silicon oxide film is selectively etched without etching the silicon nitride film (paragraph [0047]-[0085], [0097]-[00989), Fig 3, Fig 8).
As to claim 2, Wu discloses wherein in b) and c), the at least one substrate is maintained at a same temperature (paragraph [0017], [0051]-[0052]; the temperature is maintained at 120 °C).
As to claims 3-4, Wu discloses wherein b) and c) are performed in a same process chamber (Fig 7, paragraph [0047]-[0054], [0100]).
As to claim 5, Wu discloses wherein c) includes supplying inert gas into the process chamber while vacuuming the process chamber (paragraph [0052]).
As to claim 6, Wu discloses wherein c) includes supplying inert gas into the process chamber while vacuuming the process chamber (paragraph [0052]-[0053], [0087]-[0088], [0092]).
As to claims 9-10, Wu discloses switching from b) to c) before the start of etching of the silicon nitride film (paragraph [0058]-[0073]).
As to claims 11-12, Wu discloses wherein the fluorine-containing gas is hydrogen fluoride gas, and the basic gas is ammonia gas (paragraph [0013], [0048]-[0051]).
As to claims 15-16, Wu discloses after d), heating the at least one substrate to a temperature that is higher than in b) (paragraph [0051], [0086]; Note: 180 °C is higher than 120 °C).
Claim Rejections - 35 USC § 103
7. 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.
8. Claims 7-8 are rejected under 35 U.S.C. 103 as being unpatentable over Wu et al. (WO 2021/088670 A1), English translation via Wu et al. (US 2022/0375762 A1) as applied to claims 1-6, 9-12, 15-16 above, and further in view of Kakimoto (US 2012/0267340 A1).
As to claims 7-8, Wu fails to disclose wherein the at least one substrate includes a plurality of substrates, and wherein the process chamber houses the plurality of substrates on shelves. However, Wu clearly teaches to etch silicon oxide layer on the substrate. Kakimoto discloses to etch silicon oxide layer on the substrate, wherein the at least one substrate includes a plurality of substrates, and wherein the process chamber houses the plurality of substrates on shelves (abstract, Fig 1, paragraph [0010], 0054-0055). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Wu in view of Kakimoto by having a plurality of substrate and wherein the process chamber houses the plurality of substrates on shelves because it will reduce the process time by processing a plurality of substrates at the same time.
9. Claims 13-14 are rejected under 35 U.S.C. 103 as being unpatentable over Wu et al. (WO 2021/088670 A1), English translation via Wu et al. (US 2022/0375762 A1) as applied to claims 1-6, 9-12, 15-16 above, and further in view of Toda (US 2019/0378724 A1).
As to claims 13-14, Wu fails to disclose the silicon oxide is a thermal oxide film. However, Wu clearly teaches to etch silicon oxide film (paragraph 0005, [0041]). Toda teaches the silicon oxide film may be thermal oxide film or silicon oxide formed by CVD (See paragraph 0031). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Wu in view of Toda by using thermal oxide film for silicon oxide because equivalent and substitution of one for the other would produce an expected result (See MPEP 2143(I)(B)).
Conclusion
10. Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
11. 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.
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, Joshua Allen can be reached at 571-270-3176. 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.
BINH X. TRAN
Examiner
Art Unit 1713
/BINH X TRAN/Primary Examiner, Art Unit 1713
Prosecution Insights