Prosecution Insights
Last updated: July 17, 2026
Application No. 18/603,584

ETCHING METHOD, PLASMA PROCESSING APPARATUS, AND SUBSTRATE PROCESSING SYSTEM

Non-Final OA §102§103
Filed
Mar 13, 2024
Priority
Mar 13, 2023 — JP 2023-038460 +1 more
Examiner
MUSE, ISMAIL A
Art Unit
2815
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Tokyo Electron Limited
OA Round
1 (Non-Final)
87%
Grant Probability
Favorable
1-2
OA Rounds
0m
Est. Remaining
95%
With Interview

Examiner Intelligence

Grants 87% — above average
87%
Career Allowance Rate
553 granted / 638 resolved
+18.7% vs TC avg
Moderate +8% lift
Without
With
+8.0%
Interview Lift
resolved cases with interview
Typical timeline
2y 4m
Avg Prosecution
26 currently pending
Career history
663
Total Applications
across all art units

Statute-Specific Performance

§101
0.1%
-39.9% vs TC avg
§103
82.9%
+42.9% vs TC avg
§102
13.3%
-26.7% vs TC avg
§112
3.3%
-36.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 638 resolved cases

Office Action

§102 §103
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 . Claim Rejections - 35 USC § 102 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. The following is a quotation of 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. Claims 1-4, 6, 8 and 11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hsu et al. [US PGPUB 20190206696] (hereinafter Hsu). Regarding claim 1, Hsu teaches an etching method comprising: (a) providing a substrate (102, Para 159) having a film stack (104, Para 159) including at least two different silicon-containing films (silicon oxide and silicon nitride, Para 159) and a mask (106, Para 159) on the film stack (Fig. 1a); (b) etching the film stack using plasma (Para 159) generated from a first processing gas (Para 167) to form a recess (108, Para 159, Fig. 1a) in the film stack (Fig. 1a); and (c) supplying hydrogen fluoride to the recess in the film stack (Fig. 1b -- Para 136; where the fluorine containing etching gas may be mixed include additional gases such as hydrogen fluoride). Regarding claim 2, Hsu teaches an etching method wherein the film stack includes at least two films selected from the group consisting of a silicon oxide film, a silicon nitride film, and a polysilicon film (Para 21). Regarding claim 3, Hsu teaches an etching method wherein the film stack is formed by alternately stacking a silicon oxide film and a silicon nitride film a plurality of times (Para 21). Regarding claim 4, Hsu teaches an etching method wherein the mask is a carbon-containing film or a metal-containing film (Para 160). Regarding claim 6, Hsu teaches an etching method wherein the first processing gas contains at least one gas selected from the group consisting of hydrogen fluoride gas, hydrofluorocarbon gas, and a mixed gas of a hydrogen-containing gas and a fluorine-containing gas (Para 136). Regarding claim 11, Hsu teaches an etching method wherein (a) includes disposing the substrate within a first chamber (abstract/claim 1), (b) includes supplying the first processing gas into the first chamber to generate the plasma (abstract/claim 1), and (c) includes supplying a second processing gas containing hydrogen fluoride gas into the first chamber (Para 136). Claim Rejections - 35 USC § 103 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action: A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made. Claims 1-4, 6, 11-13, 22-23 and 26 are rejected under 35 U.S.C. 103 as being unpatentable over Hattori et al. [US PGPUB 20220115239] in view Hsu (hereinafter Hattori). Regarding claim 1, Hattori teaches an etching method comprising: (a) providing a substrate (101, Para 64) having a film stack (102/103, Para 64) including at least two different silicon-containing films (silicon oxide and silicon nitride, Para 64); (b) etching the film stack to form a recess (104, Para 6) in the film stack (Fig. 2A); and (c) supplying hydrogen fluoride to the recess in the film stack (Fig. 2B -- Para 77). Hattori does not specifically disclose a mask on the film stack; and etching the film stack using plasma generated from a first processing gas. Referring to the invention of Hsu, Hsu discloses a method of etching a silicon oxide/silicon nitride stack 104 where the etching method comprises: (a) providing a substrate (101, Para 64) having a film stack (102/103, Para 64) including at least two different silicon-containing films (silicon oxide and silicon nitride, Para 64) and a mask (106, Para 159) on the film stack (Fig. 1a); (b) etching the film stack using plasma (Para 159) generated from a first processing gas (Para 167) to form a recess (108, Para 159, Fig. 1a) in the film stack (Fig. 1a). In view of such teaching by Hsu, it would have been obvious to a person having ordinary skills in the art before the effective filing date of the claimed invention to have the invention of Hattori comprise the teachings of Hsu at least based on the rationale of using known technique to improve similar devices (methods, or products) in the same way using (MPEP 2143.I.C). Regarding claim 2, Hattori teaches an etching method wherein the film stack includes at least two films selected from the group consisting of a silicon oxide film, a silicon nitride film, and a polysilicon film (Para 63). Regarding claim 3, Hattori teaches an etching method wherein the film stack is formed by alternately stacking a silicon oxide film and a silicon nitride film a plurality of times (Para 63, Fig. 2A). Regarding claim 4, the combined invention of Hattori and Hsu, specifically in view of Hsu teaches an etching method wherein the mask is a carbon-containing film or a metal-containing film (Para 160). Regarding claim 6, the combined invention of Hattori and Hsu, specifically in view of Hsu teaches an etching method wherein the first processing gas contains at least one gas selected from the group consisting of hydrogen fluoride gas, hydrofluorocarbon gas, and a mixed gas of a hydrogen-containing gas and a fluorine-containing gas (Para 167). Regarding claim 11, the combined invention of Hattori and Hsu, teaches an etching method wherein (a) includes disposing the substrate within a first chamber (Hsu, abstract/claim 1), (b) includes supplying the first processing gas into the first chamber to generate the plasma (Hsu, abstract/claim 1/Para 167), and (c) includes supplying a second processing gas containing hydrogen fluoride gas into the first chamber (Hattori, Fig. 2B –Para 136). Regarding claim 12, Hattori teaches an etching method wherein (c) includes: (c1) controlling a temperature of the substrate or a substrate support that supports the substrate to a first temperature, and controlling a partial pressure of the hydrogen fluoride gas within the chamber to a first pressure (step S103, Fig. 5, Para 94); and (c2) after (c1), controlling the temperature of the substrate or the substrate support to a second temperature, and controlling the partial pressure of the hydrogen fluoride gas within the chamber to a second pressure (step S105, Fig. 5, Para 99), wherein the second temperature is higher than the first temperature, and/or the second pressure is lower than the first pressure (Fig. 5). Regarding claim 13, Hattori teaches an etching method wherein (c) includes: (c1) controlling a temperature of the substrate or a substrate support that supports the substrate to a first temperature, and controlling a partial pressure of the hydrogen fluoride gas within the chamber to a first pressure (step S103, Fig. 5, Para 94); and (c2) after (c1), controlling the temperature of the substrate or the substrate support to a second temperature, and controlling the partial pressure of the hydrogen fluoride gas within the chamber to a second pressure (step S105, Fig. 5, Para 99),), and wherein, in a graph showing an adsorption equilibrium pressure curve of hydrogen fluoride where a horizontal axis represents temperature and a vertical axis represents pressure, the first temperature and the first pressure are located in a first region above the adsorption equilibrium pressure curve, the second temperature and the second pressure are located in a second region below the adsorption equilibrium pressure curve (Fig. 5; not shown but in view of the steps). Regarding claim 22, Hattori teaches an etching method wherein further comprising: setting conditions of (c) based on data indicating a shape of the recess in film stack (step S107, Fig. 4). Regarding claim 23, Hattori teaches an etching method wherein the conditions include at least one selected from the group consisting of a pressure of the chamber in which the substrate is accommodated, a temperature of the substrate or a substrate support that supports the substrate, and a flow rate of the hydrogen fluoride gas (step S107, Fig. 4).). Regarding claim 26, Hattori teaches a plasma processing apparatus including a chamber (1, Para 52), a plasma generator (Para 104), a gas supply (51, Para 87), and a controller (50, Para 87), wherein the controller is configured to execute a process comprising: (a) providing a substrate (101, 63) having a film stack including at least two different silicon-containing films (Para 63) (c) supplying hydrogen fluoride to the recess in the film stack (Fig. 2B -- Para 77). Hattori does not specifically disclose a mask on the film stack; and etching the film stack using plasma generated from a first processing gas to form a recess in the film stack. Referring to the invention of Hsu, Hsu discloses a method of etching a silicon oxide/silicon nitride stack 104 where the etching method comprises: (a) providing a substrate (101, Para 64) having a film stack (102/103, Para 64) including at least two different silicon-containing films (silicon oxide and silicon nitride, Para 64) and a mask (106, Para 159) on the film stack (Fig. 1a); (b) etching the film stack using plasma (Para 159) generated from a first processing gas (Para 167) to form a recess (108, Para 159, Fig. 1a) in the film stack (Fig. 1a). In view of such teaching by Hsu, it would have been obvious to a person having ordinary skills in the art before the effective filing date of the claimed invention to have the invention of Hattori comprise the teachings of Hsu at least based on the rationale of using known technique to improve similar devices (methods, or products) in the same way using (MPEP 2143.I.C). Allowable Subject Matter Claim 27 is allowed. Claims 5, 7-10, 14-21 and 24-25 are 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. The following is a statement of reasons for the indication of allowable subject matter: Claim 27 is allowed because all prior arts of record and related prior arts not of record either singularly or in combination fail to anticipate or render obvious a substrate processing system including a first chamber, a plasma generator, a second chamber, a gas supply, and a controller, wherein the controller is configured to execute a process comprising: (c) transferring the substrate from the first chamber to the second chamber, and supply, within the second chamber, a second processing gas containing hydrogen fluoride gas to the recess in the film stack by the gas supply (as claimed in claim 1), in combination with the rest of claim limitations as claimed and defined by the Applicant. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to ISMAIL A MUSE whose telephone number is (571)272-1470. The examiner can normally be reached Monday - Friday 8:00 AM-5:00 PM. 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 Partridge can be reached at (571)270-1402. 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. /ISMAIL A MUSE/Primary Examiner, Art Unit 2812
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Prosecution Timeline

Mar 13, 2024
Application Filed
Jul 07, 2026
Non-Final Rejection mailed — §102, §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

1-2
Expected OA Rounds
87%
Grant Probability
95%
With Interview (+8.0%)
2y 4m (~0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 638 resolved cases by this examiner. Grant probability derived from career allowance rate.

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