Prosecution Insights
Last updated: October 27, 2026
Application No. 18/603,049

CYCLIC ETCH/DEPOSITION PLASMA PROCESSES USING TUNGSTEN BASED PRECURSOR GAS

Non-Final OA §103
Filed
Mar 12, 2024
Examiner
LAOBAK, ANDREW KEELAN
Art Unit
1713
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Tokyo Electron Limited
OA Round
3 (Non-Final)
76%
Grant Probability
Favorable
3-4
OA Rounds
6m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 76% — above average
76%
Career Allowance Rate
47 granted / 62 resolved
+10.8% vs TC avg
Strong +35% interview lift
Without
With
+34.7%
Interview Lift
resolved cases with interview
Typical timeline
3y 2m
Avg Prosecution
30 currently pending
Career history
89
Total Applications
across all art units

Statute-Specific Performance

§101
0.3%
-39.7% vs TC avg
§103
60.3%
+20.3% vs TC avg
§102
17.3%
-22.7% vs TC avg
§112
18.3%
-21.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 62 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 . Continued Examination Under 37 CFR 1.114 A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 08/31/2026 has been entered. Status of the Claims This is a non-final office action in response to the applicant’s arguments and remarks filed on 08/31/2026. Claims 1-17 and 21-25 are pending in the current office action. Claims 1, 10, 21, and 25 have been amended by the applicant. Claims 18-20 are cancelled. Status of the Rejection Some 35 U.S.C. § 103 rejections from the previous office action are substantially maintained and modified only in response to the amendments to the claims. Some 35 U.S.C. § 102 and 103 rejections from the previous office action are withdrawn in view of the Applicant’s amendment. Claim Rejections - 35 USC § 103 The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action. Claim 1 is rejected under 35 U.S.C. 103 as being unpatentable over Veber et al. (US-20230298896-A1) in view of Dole et al. (US-20190393047-A1) (note: this rejection is being presented as an alternative rejection to the rejection below. This rejection relies upon an alternative interpretation of the prior art and claim limitations). Regarding Claim 1, Veber teaches a method of plasma etching a substrate, the method comprising cyclically (Paragraph [0002] teaches a method that includes plasma etching a substrate. Paragraph [0087] the process can be repeated cyclically): performing a first etch step (Paragraph [0049] Figure 4 a first etch step (element 410) is conducted, utilizing a first plasma. Following the second step (element 420), another etch step (element 430) is conducted. Paragraph [0087] the process steps represented by 420 and 430 can be cyclically repeated. Paragraphs [0080-0085] the process conditions of the “second plasma” used in step 430 may be more aggressive or different than those used in step 410, which means that they could be the same or similar such that step 430 and step 410 could both be considered iterations of the claimed “first etch step” within the cyclic process) to etch a target material, the substrate comprising a patterned mask disposed over the target material and having openings in the patterned mask (Paragraph [0046] Figure 3A substrate (element 300) includes a patterned mask layer (element 302) that includes openings and is over the substrate layer, which is etched), performing the first etch step comprising generating a first plasma from a carbon containing precursor gas (Paragraphs [0049-0052] the first etch generates a first plasma using an etch chemistry that includes fluorocarbons) and exposing the substrate to the first plasma to form a first passivation layer along sidewalls of the patterned mask and vertically etch the target material, the first passivation layer comprising a polymer material (Paragraph [0051] The substrate is etched by exposure to the plasma. Paragraph [0055] the etch process forms a sidewall coating from polymeric material, which may cover the upper portion of the feature, which would comprise the sidewalls that are made of the patterned mask. Paragraph [0046] As seen in Figure 3A and 3B the feature etched includes vertical etching); and performing a second step, performing the second step comprising generating a second plasma from a tungsten containing precursor gas that is free of fluorocarbons and exposing the substrate to the second plasma (Paragraphs [0066-0067] a second plasma is formed, using a metal-containing gas that can be tungsten hexafluoride. The substrate is exposed to the second plasma to deposit material on the sidewalls. Paragraphs [0067-0070] the gas supplied may or may not contain other components besides tungsten hexafluoride, therefore the gas can be free of fluorocarbons), wherein each cycle of the plasma etching comprises the first etch step and the second step (Paragraph [0049] Figure 4 a first etch step (element 410) is conducted, utilizing a first plasma. Following the second step (element 420), another etch step (element 430) is conducted. Paragraph [0087] the process steps represented by 420 and 430 can be cyclically repeated. Paragraphs [0080-0085] the process conditions of the “second plasma” used in step 430 may be more aggressive or different than those used in step 410, which means that they could be the same or similar such that step 430 and step 410 could both be considered iterations of the claimed “first etch step” within the cyclic process. In an alternative interpretation, in the cyclic etching process taught, the first instance of step 430 could be considered the first instance of the claimed “first etch step” and the following instance of step 420 could be considered the first instance of the claimed “second etch step”). Veber fails to teach that the second step is an etch step to remove a portion of the first passivation layer and to deposit a second passivation layer comprising tungsten along the sidewalls of the patterned mask in place of the removed portion of the first passivation layer. However, Veber teaches that the second process step can utilize some process conditions comparable to the process conditions of an etching process (Paragraph [0064-0065] temperature and pressure in the process is comparable to etch processes). Veber teaches that the process can include breaking apart the tungsten hexafluoride molecule to form radicals which can be reduced to form the tungsten-containing components that form the sidewall deposition material (Paragraph [0068]). Veber also teaches that the deposition of the second passivation layer can be conformally deposited along the sidewalls (Paragraph [0089] Figures 6A and 6B the liner (element 610) is conformally deposited along sidewalls) and/or deposited on areas where the first passivation layer is deposited (Paragraph [0078] protective film is deposited partially conformally “at least about 90% for a depth range of 0 μm to 3.5 μm”. Paragraph [0056] etch byproducts from the first etching step can be deposited on the top portion of the feature). Dole teaches methods of etching a semiconductor substrate (Paragraph [0004]). Dole teaches a method of etching that utilizes a plasma generated from a process gas that comprises tungsten hexafluoride (WF6) (Paragraph [0005]). Dole teaches that during etching, tungsten-containing fragments will deposit on sidewalls (Paragraph [0010]). Dole teaches that the plasma-based process utilizing tungsten hexafluoride can result in the formation of tungsten-containing fragments and fluorine-containing fragments, where the fluorine-containing fragments will have an ability to etch a material they are exposed to (Paragraphs [0037-0038]). Veber is silent on the second step being an etching step that removes a portion of the first passivation layer. However, given that the plasma-based process step based on the disclosure in Veber is substantially similar to the plasma-based process described by Dole and that in the instant claims, it is the examiner's position that the second step described by Veber would inherently have the instantly claimed feature of etching some portion of the first passivation layer. Further, if this etching of some portion of the first passivation layer occurs inherently, then the implantation of the second step, with an embodiment such as that outlined above, where the protective film is conformally deposited, would meet the limitation that “deposit a second passivation layer comprising tungsten along the sidewalls of the patterned mask in place of the removed portion of the first passivation layer” since some portion of the deposited protective film would be in the place where the inherent etching occurred. Since PTO cannot conduct experiments the proof of burden is shifted to the applicants to establish a nonobviousness difference. See MPEP 2112. When the structure recited in the reference is substantially identical to that of the claims, claimed properties or functions are presumed to be inherent. The Courts have held that it is well settled that where there is a reason to believe that a functional characteristic would be inherent in the prior art, the burden of proof then shifts to the applicant to provide objective evidence to the contrary. See MPEP 2112.01(I). Claim 1-17 and 21-23 are rejected under 35 U.S.C. 103 as being unpatentable over Veber et al. (US-20230298896-A1) in view of Dole et al. (US-20190393047-A1) and Han et al. (US-20160293445-A1). Regarding Claim 1, Veber teaches a method of plasma etching a substrate, the method comprising cyclically (Paragraph [0002] teaches a method that includes plasma etching a substrate. Paragraph [0087] the process can be repeated cyclically): performing a first etch step (Paragraph [0049] Figure 4 a first etch step (element 410) is conducted, utilizing a first plasma. Following the second step (element 420), another etch step (element 430) is conducted. Paragraph [0087] the process steps represented by 420 and 430 can be cyclically repeated. Paragraphs [0080-0085] the process conditions of the “second plasma” used in step 430 may be more aggressive or different than those used in step 410, which means that they could be the same or similar such that step 430 and step 410 could both be considered iterations of the claimed “first etch step” within the cyclic process) to etch a target material, the substrate comprising a patterned mask disposed over the target material and having openings in the patterned mask (Paragraph [0046] Figure 3A substrate (element 300) includes a patterned mask layer (element 302) that includes openings and is over the substrate layer, which is etched), performing the first etch step comprising generating a first plasma from a carbon containing precursor gas (Paragraphs [0049-0052] the first etch generates a first plasma using an etch chemistry that includes fluorocarbons) and exposing the substrate to the first plasma to form a first passivation layer along sidewalls of the patterned mask and vertically etch the target material, the first passivation layer comprising a polymer material (Paragraph [0051] The substrate is etched by exposure to the plasma. Paragraph [0055] the etch process forms a sidewall coating from polymeric material, which may cover the upper portion of the feature, which would comprise the sidewalls that are made of the patterned mask. Paragraph [0046] As seen in Figure 3A and 3B the feature etched includes vertical etching); and performing a second step, performing the second step comprising generating a second plasma from a tungsten containing precursor gas that is free of fluorocarbons and exposing the substrate to the second plasma (Paragraphs [0066-0067] a second plasma is formed, using a metal-containing gas that can be tungsten hexafluoride. The substrate is exposed to the second plasma to deposit material on the sidewalls. Paragraphs [0067-0070] the gas supplied may or may not contain other components besides tungsten hexafluoride), wherein each cycle of the plasma etching comprises the first etch step and the second step (Paragraph [0049] Figure 4 a first etch step (element 410) is conducted, utilizing a first plasma. Following the second step (element 420), another etch step (element 430) is conducted. Paragraph [0087] the process steps represented by 420 and 430 can be cyclically repeated. Paragraphs [0080-0085] the process conditions of the “second plasma” used in step 430 may be more aggressive or different than those used in step 410, which means that they could be the same or similar such that step 430 and step 410 could both be considered iterations of the claimed “first etch step” within the cyclic process. In an alternative interpretation, in the cyclic etching process taught, the first instance of step 430 could be considered the first instance of the claimed “first etch step” and the following instance of step 420 could be considered the first instance of the claimed “second etch step”). Veber fails to teach that the second step is an etch step to remove a portion of the first passivation layer and to deposit a second passivation layer comprising tungsten along the sidewalls of the patterned mask in place of the removed portion of the first passivation layer. However, Veber teaches that the deposition of the second passivation layer can be conformally deposited along the sidewalls (Paragraph [0089] Figures 6A and 6B the liner (element 610) is conformally deposited along sidewalls) and/or deposited on areas where the first passivation layer is deposited (Paragraph [0078] protective film is deposited partially conformally “at least about 90% for a depth range of 0 μm to 3.5 μm”. Paragraph [0056] etch byproducts from the first etching step can be deposited on the top portion of the feature). Dole teaches methods of etching a semiconductor substrate (Paragraph [0004]). Dole teaches a method of etching that utilizes a plasma generated from a process gas that comprises tungsten hexafluoride (WF6) (Paragraph [0005]). Dole teaches that during etching, tungsten-containing fragments will deposit on sidewalls (Paragraph [0010]). Han teaches methods of fabricating a semiconductor device that include etching a layer on a substrate (Paragraph [0004]). Han teaches that a method of etching that includes a first etch process that forms a layer on the sidewalls of a trench from ions from the plasma and by-products of the etching process (Paragraph [0043] first sidewall patterns are formed). Han teaches that the method of etching includes a second etch process that deforms the first layer formed on the sidewall and further deposits material on the sidewalls to form a second layer on the sidewalls (Paragraphs [0047-0048]). It would have been obvious to one of ordinary skill in the art to have modified the method of Veber by modifying the second step such that the second step included both etching the first passivation layer, as taught by Han, and forming a second passivation layer with the tungsten hexafluoride gas, as taught by Veber. This would be possible because as taught by Dole, the use of tungsten hexafluoride as a plasma process gas can allow for a process that both etches and deposits material. Examiner takes the position that with this modification, the further limitation “to deposit a second passivation layer comprising tungsten along the sidewalls of the patterned mask in place of the removed portion of the first passivation layer” would be met with the use of one of the embodiments taught by Veber where the deposition of the protective film would be conformal or over regions where the sidewall coating of polymeric material was formed. One of ordinary skill in the art would have been motivated to make this modification because by modifying the shape of the sidewall passivation as taught by Han, the etch target layer could be more effectively etched (Han Paragraph [0058]). This modification would have been obvious as it can be considered the application of a known technique to a known method to yield predictable results. The method of Veber can be considered a base method and the teachings of Han, regarding the second process step, would be applicable to this base method (because, as taught by Dole, tungsten hexafluoride is a process gas known to be suitable for such a process step) and would have had the predictable result of a second step that would both etch a first passivation layer and deposit a second passivation layer. See MPEP 2143(I)(D). Regarding Claim 2, modified Veber teaches all the limitations of claim 1 as outlined above. Veber further teaches wherein the second plasma is further generated from a precursor gas mixture comprising nitrogen (N2) and hydrogen (H2), and wherein the tungsten containing precursor gas comprises tungsten fluoride (WF6) (Paragraph [0067] second plasma includes a metal-containing gas that can be WF6. Paragraph [0068] second plasma can include hydrogen (H2). Paragraph [0076] second plasma can include nitrogen (N2)). Regarding Claim 3, modified Veber teaches all the limitations of claim 1 as outlined above. Veber further teaches wherein the tungsten containing precursor gas comprises tungsten fluoride (WF6) (Paragraph [0067] second plasma includes a metal-containing gas that can be WF6). Veber fails to teach wherein the second plasma is further generated from a precursor gas mixture comprising oxygen (O2), and carbonyl sulfide (COS). However, Veber teaches that the second plasma can include an oxygen-containing reactant (Paragraph [0037]). Dole teaches methods of etching a semiconductor substrate (Paragraph [0004]). Dole teaches a method of etching that utilizes a plasma generated from a process gas that comprises tungsten hexafluoride (WF6) (Paragraph [0005]). Dole teaches that during etching, tungsten-containing fragments will deposit on sidewalls (Paragraph [0010]). Dole further teaches that the composition of the process gas can include oxidants, such as O2 and COS (Paragraph [0041]). It would be obvious to one of ordinary skill in the art to include O2 and COS within the precursor gas, as the oxygen-containing reactants taught by Veber since, as taught by Dole, O2 and COS are known process gases and oxidants to include with tungsten hexafluoride and the selection of a known material, which is based upon its suitability for the intended use, is within the ambit of one of ordinary skill in the art. See MPEP 2144.07. Regarding Claim 4, modified Veber teaches all the limitations of claim 1 as outlined above. Veber further teaches wherein the tungsten containing precursor gas comprises tungsten fluoride (WF6) (Paragraph [0067] second plasma includes a metal-containing gas that can be WF6). Veber fails to teach wherein the second plasma is further generated from a precursor gas mixture comprising oxygen (O2). However, Veber teaches that the second plasma can include an oxygen-containing reactant (Paragraph [0037]). Dole teaches methods of etching a semiconductor substrate (Paragraph [0004]). Dole teaches a method of etching that utilizes a plasma generated from a process gas that comprises tungsten hexafluoride (WF6) (Paragraph [0005]). Dole teaches that during etching, tungsten-containing fragments will deposit on sidewalls (Paragraph [0010]). Dole further teaches that the composition of the process gas can include oxidants, such as O2 (Paragraph [0041]). It would be obvious to one of ordinary skill in the art to include O2 within the precursor gas, as the oxygen-containing reactants taught by Veber since, as taught by Dole, O2 are known process gases and oxidants to include with tungsten hexafluoride and the selection of a known material, which is based upon its suitability for the intended use, is within the ambit of one of ordinary skill in the art. See MPEP 2144.07. Regarding Claim 5, modified Veber teaches all the limitations of claim 1 as outlined above. Veber further teaches wherein the patterned mask comprises an amorphous carbon layer (ACL) (Paragraph [0049] the mask layer can contain amorphous carbon). Regarding Claim 6, modified Veber teaches all the limitations of claim 1 as outlined above. Veber further teaches wherein the carbon containing precursor gas comprises a fluorocarbon (Paragraphs [0049-0052] the first etch generates a first plasma using an etch chemistry that includes fluorocarbons). Regarding Claim 7, modified Veber teaches all the limitations of claim 1 as outlined above. Veber further teaches wherein the second etch step is performed after the first etch step without an intervening purge step (Paragraph [0049] Figure 4 no purge step is taught). Regarding Claim 8, modified Veber teaches all the limitations of claim 1 as outlined above. Veber further teaches wherein the second etch step forms a second passivation layer comprising tungsten over the patterned mask (Paragraph [0073] the deposition of the protective film can occur on the mask layer). Regarding Claim 9, modified Veber teaches all the limitations of claim 1 as outlined above. Veber fails to explicitly teach wherein the first etch step is performed for a first duration and the second etch step is performed for a second duration, the second duration being shorter than the first duration. However, Veber teaches that exposing the substrate to the second plasma can occur for between 0.5 and 1000 seconds and that the exposure time for the second plasma may be different than the exposure time for the first plasma (Paragraph [0074]). It would have been obvious to one of ordinary skill in the art to have selected and incorporated an exposure time for the first plasma that was different than the exposure time for the second plasma such that second duration was shorter than the first duration as claimed. One of ordinary skill in the art practicing the method of modified Veber would have had to pick some duration for the exposure of the first plasma would have had a reasonable expectation of success is selection a suitable duration. This selection would have been obvious as Veber teaches that the exposure time for the two plasmas can be different and when they are different there are only two possible situations: either the first duration is shorter or the second duration is shorter. See MPEP 2143(I)(E). Regarding Claim 10, Veber teaches a method of plasma etching a substrate, the method comprising cyclically (Paragraph [0002] teaches a method that includes plasma etching a substrate. Paragraph [0087] the process can be repeated cyclically): etching a target material with a first plasma (Paragraph [0049] Figure 4 a first etch step (element 410) is conducted, utilizing a first plasma. Following the second step (element 420), another etch step (element 430) is conducted. Paragraph [0087] the process steps represented by 420 and 430 can be cyclically repeated. Paragraphs [0080-0085] the process conditions of the “second plasma” used in step 430 may be more aggressive or different than those used in step 410, which means that they could be the same or similar such that step 430 and step 410 could both be considered iterations of the claimed “first etch step” within the cyclic process), the substrate comprising a patterned mask disposed over the target material and having openings in the patterned mask (Paragraph [0046] Figure 3A substrate (element 300) includes a patterned mask layer (element 302) that includes openings and is over the substrate layer, which is etched), the etching of the target material comprising forming a first passivation layer comprising a polymer material over sidewalls of the openings while etching the target material (Paragraph [0051] The substrate is etched by exposure to the plasma. Paragraph [0055] the etch process forms a sidewall coating from polymeric material); and with a second plasma that is free of fluorocarbons depositing a second passivation layer comprising tungsten (Paragraphs [0066-0067] a second plasma is formed, using a metal-containing gas that can be tungsten hexafluoride. The substrate is exposed to the second plasma to deposit material on the sidewalls. Paragraphs [0067-0070] the gas supplied may or may not contain other components besides tungsten hexafluoride, therefore the gas can be free of fluorocarbons), wherein each cycle of the plasma etching comprises etching with the first plasma and the second plasma (Paragraph [0049] Figure 4 a first etch step (element 410) is conducted, utilizing a first plasma. Following the second step (element 420), another etch step (element 430) is conducted. Paragraph [0087] the process steps represented by 420 and 430 can be cyclically repeated. Paragraphs [0080-0085] the process conditions of the “second plasma” used in step 430 may be more aggressive or different than those used in step 410, which means that they could be the same or similar such that step 430 and step 410 could both be considered iterations of the claimed “first etch step” within the cyclic process. In an alternative interpretation, in the cyclic etching process taught, the first instance of step 430 could be considered the first instance of the claimed “first etch step” and the following instance of step 420 could be considered the first instance of the claimed “second etch step”). Veber fails to teach that the second step is an etch step that etches a part of the first passivation layer and deposits a second passivation layer comprising tungsten over the sidewalls of the openings in place of the etched part of the first passivation layer. However, Veber teaches that the deposition of the second passivation layer can be conformally deposited along the sidewalls (Paragraph [0089] Figures 6A and 6B the liner (element 610) is conformally deposited along sidewalls) and/or deposited on areas where the first passivation layer is deposited (Paragraph [0078] protective film is deposited partially conformally “at least about 90% for a depth range of 0 μm to 3.5 μm”. Paragraph [0056] etch byproducts from the first etching step can be deposited on the top portion of the feature). Dole teaches methods of etching a semiconductor substrate (Paragraph [0004]). Dole teaches a method of etching that utilizes a plasma generated from a process gas that comprises tungsten hexafluoride (WF6) (Paragraph [0005]). Dole teaches that during etching, tungsten-containing fragments will deposit on sidewalls (Paragraph [0010]). Han teaches methods of fabricating a semiconductor device that include etching a layer on a substrate (Paragraph [0004]). Han teaches that a method of etching that includes a first etch process that forms a layer on the sidewalls of a trench from ions from the plasma and by-products of the etching process (Paragraph [0043] first sidewall patterns are formed). Han teaches that the method of etching includes a second etch process that deforms the first layer formed on the sidewall and further deposits material on the sidewalls to form a second layer on the sidewalls (Paragraphs [0047-0048]). It would have been obvious to one of ordinary skill in the art to have modified the method of Veber by modifying the second step such that the second step included both etching the first passivation layer, as taught by Han, and forming a second passivation layer with the tungsten hexafluoride gas, as taught by Veber. This would be possible because as taught by Dole, the use of tungsten hexafluoride as a plasma process gas can allow for a process that both etches and deposits material. Examiner takes the position that with this modification, the further limitation “depositing a second passivation layer comprising tungsten over the sidewalls of the openings in place of the etched part of the first passivation layer” would be met with the use of one of the embodiments taught by Veber where the deposition of the protective film would be conformal or over regions where the sidewall coating of polymeric material was formed. One of ordinary skill in the art would have been motivated to make this modification because by modifying the shape of the sidewall passivation as taught by Han, the etch target layer could be more effectively etched (Han Paragraph [0058]). This modification would have been obvious as it can be considered the application of a known technique to a known method to yield predictable results. The method of Veber can be considered a base method and the teachings of Han, regarding the second process step, would be applicable to this base method (because, as taught by Dole, tungsten hexafluoride is a process gas known to be suitable for such a process step) and would have had the predictable result of a second step that would both etch a first passivation layer and deposit a second passivation layer. See MPEP 2143(I)(D). Regarding Claim 11, modified Veber teaches all the limitations of claim 10 as outlined above. Veber further teaches wherein the second plasma is generated from a precursor gas mixture comprising nitrogen (N2), hydrogen (H2), and tungsten fluoride (WF6) (Paragraph [0067] second plasma includes a metal-containing gas that can be WF6. Paragraph [0068] second plasma can include hydrogen (H2). Paragraph [0076] second plasma can include nitrogen (N2)). Regarding Claim 12, modified Veber teaches all the limitations of claim 10 as outlined above. Veber further teaches wherein the tungsten containing precursor gas comprises tungsten fluoride (WF6) (Paragraph [0067] second plasma includes a metal-containing gas that can be WF6). Veber fails to teach wherein the second plasma is further generated from a precursor gas mixture comprising oxygen (O2), and carbonyl sulfide (COS). However, Veber teaches that the second plasma can include an oxygen-containing reactant (Paragraph [0037]). Dole teaches methods of etching a semiconductor substrate (Paragraph [0004]). Dole teaches a method of etching that utilizes a plasma generated from a process gas that comprises tungsten hexafluoride (WF6) (Paragraph [0005]). Dole teaches that during etching, tungsten-containing fragments will deposit on sidewalls (Paragraph [0010]). Dole further teaches that the composition of the process gas can include oxidants, such as O2 and COS (Paragraph [0041]). It would be obvious to one of ordinary skill in the art to include O2 and COS within the precursor gas, as the oxygen-containing reactants taught by Veber since, as taught by Dole, O2 and COS are known process gases and oxidants to include with tungsten hexafluoride and the selection of a known material, which is based upon its suitability for the intended use, is within the ambit of one of ordinary skill in the art. See MPEP 2144.07. Regarding Claim 13, modified Veber teaches all the limitations of claim 10 as outlined above. Veber further teaches wherein the tungsten containing precursor gas comprises tungsten fluoride (WF6) (Paragraph [0067] second plasma includes a metal-containing gas that can be WF6). Veber fails to teach wherein the second plasma is further generated from a precursor gas mixture comprising oxygen (O2). However, Veber teaches that the second plasma can include an oxygen-containing reactant (Paragraph [0037]). Dole teaches methods of etching a semiconductor substrate (Paragraph [0004]). Dole teaches a method of etching that utilizes a plasma generated from a process gas that comprises tungsten hexafluoride (WF6) (Paragraph [0005]). Dole teaches that during etching, tungsten-containing fragments will deposit on sidewalls (Paragraph [0010]). Dole further teaches that the composition of the process gas can include oxidants, such as O2 (Paragraph [0041]). It would be obvious to one of ordinary skill in the art to include O2 within the precursor gas, as the oxygen-containing reactants taught by Veber since, as taught by Dole, O2 are known process gases and oxidants to include with tungsten hexafluoride and the selection of a known material, which is based upon its suitability for the intended use, is within the ambit of one of ordinary skill in the art. See MPEP 2144.07. Regarding Claim 14, modified Veber teaches all the limitations of claim 10 as outlined above. Veber further teaches wherein the patterned mask comprises an amorphous carbon layer (ACL) (Paragraph [0049] the mask layer can contain amorphous carbon). Regarding Claim 15, modified Veber teaches all the limitations of claim 10 as outlined above. Veber further teaches wherein the first plasma is generated from a precursor gas mixture comprising a fluorocarbon (Paragraphs [0049-0052] the first etch generates a first plasma using an etch chemistry that includes fluorocarbons). Regarding Claim 16, modified Veber teaches all the limitations of claim 10 as outlined above. Veber further teaches wherein the etching with the second plasma is performed after the etching with the first plasma without an intervening purge step (Paragraph [0049] Figure 4 no purge step is taught). Regarding Claim 17, modified Veber teaches all the limitations of claim 10 as outlined above. Veber fails to explicitly teach wherein the first etch step is performed for a first duration and the second etch step is performed for a second duration, the second duration being shorter than the first duration. However, Veber teaches that exposing the substrate to the second plasma can occur for between 0.5 and 1000 seconds and that the exposure time for the second plasma may be different than the exposure time for the first plasma (Paragraph [0074]). It would have been obvious to one of ordinary skill in the art to have selected and incorporated an exposure time for the first plasma that was different than the exposure time for the second plasma such that second duration was shorter than the first duration as claimed. One of ordinary skill in the art practicing the method of modified Veber would have had to pick some duration for the exposure of the first plasma would have had a reasonable expectation of success is selection a suitable duration. This selection would have been obvious as Veber teaches that the exposure time for the two plasmas can be different and when they are different there are only two possible situations: either the first duration is shorter or the second duration is shorter. See MPEP 2143(I)(E). Regarding Claim 21, Veber teaches a method of plasma etching a substrate, the method comprising cyclically (Paragraph [0002] teaches a method that includes plasma etching a substrate. Paragraph [0087] the process can be repeated cyclically): etching a target material with a first plasma (Paragraph [0049] Figure 4 a first etch step (element 410) is conducted, utilizing a first plasma. Following the second step (element 420), another etch step (element 430) is conducted. Paragraph [0087] the process steps represented by 420 and 430 can be cyclically repeated. Paragraphs [0080-0085] the process conditions of the “second plasma” used in step 430 may be more aggressive or different than those used in step 410, which means that they could be the same or similar such that step 430 and step 410 could both be considered iterations of the claimed “first etch step” within the cyclic process), the substrate comprising an amorphous carbon layer (ACL) over the target material and having openings in the ACL (Paragraph [0046] Figure 3A substrate (element 300) includes a patterned mask layer (element 302) that includes openings and is over the substrate layer, which is etched. Paragraph [0049] the mask layer can contain amorphous carbon), the etching of the target material comprising forming a first passivation layer comprising a polymer material over sidewalls of the openings while etching the target material (Paragraph [0051] The substrate is etched by exposure to the plasma. Paragraph [0055] the etch process forms a sidewall coating from polymeric material), the first plasma comprising a fluorocarbon (Paragraphs [0049-0052] the first etch generates a first plasma using an etch chemistry that includes fluorocarbons); and with a second plasma depositing a second passivation layer comprising tungsten, the second plasma being generated from a precursor gas mixture comprising tungsten fluoride (WF6), the precursor gas mixture being free of fluorocarbons (Paragraphs [0066-0067] a second plasma is formed, using a metal-containing gas that can be tungsten hexafluoride. The substrate is exposed to the second plasma to deposit material on the sidewalls. Paragraphs [0067-0070] the gas supplied may or may not contain other components besides tungsten hexafluoride, therefore the gas can be free of fluorocarbons), wherein each cycle of the plasma etching comprises etching with the first plasma and the second plasma (Paragraph [0049] Figure 4 a first etch step (element 410) is conducted, utilizing a first plasma. Following the second step (element 420), another etch step (element 430) is conducted. Paragraph [0087] the process steps represented by 420 and 430 can be cyclically repeated. Paragraphs [0080-0085] the process conditions of the “second plasma” used in step 430 may be more aggressive or different than those used in step 410, which means that they could be the same or similar such that step 430 and step 410 could both be considered iterations of the claimed “first etch step” within the cyclic process. In an alternative interpretation, in the cyclic etching process taught, the first instance of step 430 could be considered the first instance of the claimed “first etch step” and the following instance of step 420 could be considered the first instance of the claimed “second etch step”). Veber fails to teach that the second step is an etch step that etches a part of the first passivation layer and depositing a second passivation layer comprising tungsten over the sidewalls of the openings in place of the etched part of the first passivation layer. However, Veber teaches that the deposition of the second passivation layer can be conformally deposited along the sidewalls (Paragraph [0089] Figures 6A and 6B the liner (element 610) is conformally deposited along sidewalls) and/or deposited on areas where the first passivation layer is deposited (Paragraph [0078] protective film is deposited partially conformally “at least about 90% for a depth range of 0 μm to 3.5 μm”. Paragraph [0056] etch byproducts from the first etching step can be deposited on the top portion of the feature). Dole teaches methods of etching a semiconductor substrate (Paragraph [0004]). Dole teaches a method of etching that utilizes a plasma generated from a process gas that comprises tungsten hexafluoride (WF6) (Paragraph [0005]). Dole teaches that during etching, tungsten-containing fragments will deposit on sidewalls (Paragraph [0010]). Han teaches methods of fabricating a semiconductor device that include etching a layer on a substrate (Paragraph [0004]). Han teaches that a method of etching that includes a first etch process that forms a layer on the sidewalls of a trench from ions from the plasma and by-products of the etching process (Paragraph [0043] first sidewall patterns are formed). Han teaches that the method of etching includes a second etch process that deforms the first layer formed on the sidewall and further deposits material on the sidewalls to form a second layer on the sidewalls (Paragraphs [0047-0048]). It would have been obvious to one of ordinary skill in the art to have modified the method of Veber by modifying the second step such that the second step included both etching the first passivation layer, as taught by Han, and forming a second passivation layer with the tungsten hexafluoride gas, as taught by Veber. This would be possible because as taught by Dole, the use of tungsten hexafluoride as a plasma process gas can allow for a process that both etches and deposits material. Examiner takes the position that with this modification, the further limitation “depositing a second passivation layer comprising tungsten over the sidewalls of the openings in place of the etched part of the first passivation layer” would be met with the use of one of the embodiments taught by Veber where the deposition of the protective film would be conformal or over regions where the sidewall coating of polymeric material was formed. One of ordinary skill in the art would have been motivated to make this modification because by modifying the shape of the sidewall passivation as taught by Han, the etch target layer could be more effectively etched (Han Paragraph [0058]). This modification would have been obvious as it can be considered the application of a known technique to a known method to yield predictable results. The method of Veber can be considered a base method and the teachings of Han, regarding the second process step, would be applicable to this base method (because, as taught by Dole, tungsten hexafluoride is a process gas known to be suitable for such a process step) and would have had the predictable result of a second step that would both etch a first passivation layer and deposit a second passivation layer. See MPEP 2143(I)(D). Regarding Claim 22, modified Veber teaches all the limitations of claim 21 as outlined above. Veber further teaches wherein the precursor gas mixture further comprises nitrogen (N2), hydrogen (H2), oxygen (02), carbonyl sulfide (COS), or combinations thereof (Paragraph [0068] second plasma can include hydrogen (H2). Paragraph [0076] second plasma can include nitrogen (N2)). Regarding Claim 23, modified Veber teaches all the limitations of claim 21 as outlined above. Veber further teaches wherein the etching with the first plasma is performed for a first duration and the etching with the second plasma is performed for a second duration, the second duration being different than the first duration (Paragraph [0074] exposing the substrate to the second plasma can occur for between 0.5 and 1000 seconds. The exposure time for the second plasma may be different than the exposure time for the first plasma). Claim 24 is rejected under 35 U.S.C. 103 as being unpatentable over in view of Dole and Han, as applied to claim 1 above, and further in view of Demmin et al. (US-6635185-B2). Regarding Claim 24, modified Veber teaches all the limitations of claim 1 as outlined above. Veber further teaches that the first etch step can be biased (Paragraph [0084] second plasma may be biased, where as outlined in the rejection of claim 1, the step that uses the second plasma can be considered to be equivalent to the first etch step). Dole further teaches that the second etch step can be biased (Paragraph [0005] the process utilizing tungsten hexafluoride can be biased). Modified Veber as outlined above fails to teach wherein performing the first etch step comprises applying a first bias power at a first etch bias power level and wherein performing the second etch step comprises applying a second bias power at a second etch bias power level lower than the first etch bias power level. Demmin teaches methods related to plasma etching (Column 1 lines 5-12). Demmin teaches that changing the bias used during plasma etching affects the results obtained by the etching process (Column 7 lines 15-25). It would have been obvious to one of ordinary skill in the art to have modified the method of modified Veber such that the bias power applied during the second etch step was lower than the bias power applied during the first etch step, because Demmin teaches that changing the process parameters of a plasma etching process, such as the bias, is a result-effective variable which can be optimized and through the optimization of the bias powers applied during the two etching steps the claimed limitation could be achieved. See MPEP 2144.05 IIB. Allowable Subject Matter Claim 25 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Response to Arguments Applicant’s arguments, see Remarks Pg. 1-4, filed 08/31/2026, with respect to the 35 U.S.C. § 103 rejection have been fully considered and are not persuasive. Applicant argues that the methods taught by Veber could not include any etching within the second step because Veber teaches the removal of the polymeric sidewall coating in a preceding step. Examiner respectfully disagrees. Examiner notes that this preceding step is noted by Veber as being an optional step, and therefore the modification where some of the polymeric sidewall coating is etched is possible in an example where this optional step is not conducted. Applicant argues that the methods taught by Veber could not include any etching within the second step because Veber teaches that the deposition step does not include substantial etching. Examiner respectfully disagrees. Examiner notes that the teaching of Veber that the second step occurs without “substantially etching” implies that some etching can occur within the second step, similar to the position outlined in one of the rejections above that some etching is inherent within the method taught by Veber. Further, examiner notes that Veber is particularly concerned with the etching of the lateral etching of the “one or more layers of materials” (Paragraph [0026]) and remains silent to any particular potential etching of the polymeric sidewall material that might occur during the second step. Examiner also notes that as currently claimed the second etch step only requires that “a part” or “a portion” of the first passivation layer be removed by the second step. Any amount of etching of the first passivation layer during this second step would meet the currently claimed limitations. Applicant argues that the new limitation included within the amended claims, “to deposit a second passivation layer comprising tungsten along the sidewalls of the patterned mask in place of the removed portion of the first passivation layer”, overcomes the rejection of record, citing the Figures 5A and 5C within Veber, and arguing that Veber teaches depositing material on portions of the sidewalls where there is no polymeric sidewall material and lateral etching has occurred. Examiner respectfully disagrees. Examiner notes that while they had indicated that this limitation may overcome the rejection of record during the interview, the proposed amendments were not shared prior to the interview. For this reason, Examiner had stated during the interview that further search and consideration would be required to make any determination if the amendment would overcome the rejection of record. On further consideration of the cited prior art, Examiner notes that the Figures 5A and 5C, cited by applicant in this argument and during the interview, are representative of one embodiment of the teachings of Veber. Veber teaches alternative embodiments, such as that displayed in Figure 6 or described in Paragraphs [0077-0078], where the second passivation layer is deposited in the same areas of the sidewalls where the first passivation layer was deposited. Applicant argues that the modification of Veber with the teaches of Han would not have been obvious. Applicant argues that the second step taught by Han also includes an etching of the etching target and that goal of the teachings of Veber are to protect the sidewall during further etching steps. Examiner respectfully disagrees. Examiner takes the position that the modification made to the teachings of Veber, is not to replace a deposition step with an etching step, but to include some amount of etching of the polymeric sidewall material within the deposition step taught by Veber. Examiner takes the position that this is not counter to the goals of the method of Veber. This is evidenced by the fact that Veber includes the optional step to remove the polymeric sidewall coating, and therefore some etching of this material during the deposition step was would not be considered detrimental to sidewall protection based on the teachings of Veber. Examiner further notes that the motivation which is relevant to the rejection is that of one of ordinary skill in the art and Examiner maintains the position that one of ordinary skill in the art could have been motivated to make the modifications outlined in the rejections above, using the teachings of Han. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW KEELAN LAOBAK whose telephone number is (703)756-5447. The examiner can normally be reached Monday - Friday 8:00am - 5:30pm. 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. /A.K.L./Examiner, Art Unit 1713 /DUY VU N DEO/Primary Examiner, Art Unit 1713
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Prosecution Timeline

Show 2 earlier events
May 18, 2026
Response Filed
Jun 29, 2026
Final Rejection mailed — §103
Aug 28, 2026
Applicant Interview (Telephonic)
Aug 28, 2026
Examiner Interview Summary
Aug 31, 2026
Response after Non-Final Action
Sep 14, 2026
Request for Continued Examination
Sep 16, 2026
Response after Non-Final Action
Sep 30, 2026
Non-Final Rejection mailed — §103 (current)

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

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Prosecution Projections

3-4
Expected OA Rounds
76%
Grant Probability
99%
With Interview (+34.7%)
3y 2m (~6m remaining)
Median Time to Grant
High
PTA Risk
Based on 62 resolved cases by this examiner. Grant probability derived from career allowance rate.

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