DETAILED ACTION
This is in response to communication received on 4/20/26.
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
The text of those sections of AIA 35 U.S.C. code not present in this action can be found in previous office actions dated 2/23/26.
Election/Restrictions
Claims 3-7 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Species of the Chemical Formula I, II, III, IV, V and VI, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 4/20/26.
Claim Objections
Claim 1 is objected to because of the following informalities: it contains the phrase “a chamber oh which a substrate is placed”. “Oh” appears to be a type for ‘in’. Appropriate correction is required.
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)(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.
Claim(s) 1, 9 and 10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tang et al. US PGPub 2016/0372365 hereinafter TANG.
As for claim 1, TANG teaches “In some aspects, methods of forming a metal chalcogenide thin film are provided” (abstract, line 1-2) and “A purge gas may also be flowed continuously before, during, and after each pulse of reactant gas” (paragraph 33, lines 12-13), i.e. A method of forming a thin film using a chemical purge material.
TANG teaches “the substrate is contacted with a first metal reactant or precursor at step 120. In some embodiments the first metal precursor is conducted into a reaction chamber in the form of vapor phase pulse and contacted with the surface of the substrate” (paragraph 67, lines 1-5), i.e. supplying a metal precursor to the inside of a chamber in which a substrate is placed.
TANG further teaches “At step 130 excess first reactant and reaction byproducts, if any, are removed from the substrate surface, for example by purging with a pulse of inert gas such as nitrogen or argon” (paragraph 70, liens 1-4), i.e. purging the interior of the chamber.
TANG further teaches “At step 140 the substrate is contacted with a second gaseous, reactant comprising a chalcogen (also referred to as a chalcogen reactant or chalcogen precursor). In some embodiments the chalcogen precursor is pulsed into the chamber where it reacts with the first reactant bound to the surface” (paragraph 72, lines 1-6), i.e. supplying a reactant to the inside of the chamber so that the reactant reacts with the metal precursor to form the thin film.
TANG further teaches “In some embodiments, the chalcogen precursor includes chalcogen plasma or chalcogen radicals. In such embodiments, the chalcogen may be energized within the reaction chamber or upstream of the reaction chamber. Where a plasma is desired, the flow of un-energized chalcogen precursor may comprise a type of purge gas, such that after the substrate has been exposed to a chalcogen plasma for a desired period of time, the plasma generator may be turned off and the flow of chalcogen precursor itself is used to clear the reaction chamber of excess chalcogen plasma and unreacted byproducts” (paragraph 73), i.e. supplying a chemical purge material to the inside of the chamber so that a portion of the reactant is removed.
As for claim 9, TANG teaches “One or more of the reactants may be provided with the aid of a carrier gas, such as N2,” (paragraph 43, lines 21-23), i.e. wherein the reactant is selected from… N2.
As for claim 10, TANG teaches “In some embodiments the metal may comprise at least one of the following: Ti, Al, Zr, Hf, V, Ta, Nb, Cr, Mo” (paragraph 163, lines 11-13), and “This reactant is also referred to herein as "the metal precursor," "metal reactant," or "metal source chemical" and may be, for example, the corresponding beta-diketonate precursors and cyclopentadienyl-based precursors of the metals listed above” (paragraph 43, lines 9-13), i.e. wherein the metal precursor is a compound including at least one of a tetravalent metal including Ti, a pentavalent metal including Nb and Ta, a hexavalent metal including Mo.
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.
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.
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.
Claim(s) 2 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Tang et al. US PGPub 2016/0372365 hereinafter TANG as applied to claim 1.
As for claim 2, TANG teaches “the flow of chalcogen precursor itself is used to clear the reaction chamber of excess chalcogen plasma and unreacted byproducts” (paragraph 73) and “chalcogenols with the formula R-chalcogen-H, wherein R can be a substituted or unsubstituted hydrocarbon, preferably a C1 -C8 alkyl group, more preferably a linear or branched C1 -C5 alkyl group” (paragraph 137, lines 8-11) and lists the chalcogens including S, Se, and Te (claim 3), i.e. a formula that overlaps with
PNG
media_image1.png
108
220
media_image1.png
Greyscale
wherein X is a chalcogen element including 0, S, Se, Te, and Po, and Rl or R2 are each independently selected from hydrogen, an alkyl group with 1 to 8 carbon atoms, a cycloalkyl group with 3 to 6 carbon atoms, an aryl group with 6 to 12 carbon atoms, a halogen element, or an alkyl halide. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990); In re Geisler, 116 F.3d 1465, 1469-71, 43 USPQ2d, 1362, 1365-66 (Fed. Cir. 1997). See MPEP 2144.05.
As for claim 8, TANG teaches “The reaction temperature may be from about room temperature to about 500° C. or from about 20° C. to about 500° C” (paragraph 35, lines 7-9), i.e. a range that overlaps with wherein the method proceeds at 50 to 700 ° C.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KRISTEN A DAGENAIS whose telephone number is (571)270-1114. The examiner can normally be reached 8-12 and 1-5.
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, Dah Wei Yuan can be reached at 571-272-1295. 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.
/KRISTEN A DAGENAIS/Examiner, Art Unit 1717
Prosecution Insights