Prosecution Insights
Last updated: October 01, 2026
Application No. 18/609,525

FILM FORMING METHOD AND FILM FORMING APPARATUS

Non-Final OA §103§112
Filed
Mar 19, 2024
Priority
Mar 31, 2023 — JP 2023-057831
Examiner
BRATLAND JR, KENNETH A
Art Unit
1714
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Tokyo Electron Limited
OA Round
3 (Non-Final)
56%
Grant Probability
Moderate
3-4
OA Rounds
7m
Est. Remaining
72%
With Interview

Examiner Intelligence

Grants 56% of resolved cases
56%
Career Allowance Rate
497 granted / 886 resolved
-8.9% vs TC avg
Strong +16% interview lift
Without
With
+16.3%
Interview Lift
resolved cases with interview
Typical timeline
3y 2m
Avg Prosecution
52 currently pending
Career history
935
Total Applications
across all art units

Statute-Specific Performance

§101
0.3%
-39.7% vs TC avg
§103
52.3%
+12.3% vs TC avg
§102
14.4%
-25.6% vs TC avg
§112
23.7%
-16.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 886 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 . 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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 August 12, 2026, has been entered. Specification The objection to the title is withdrawn in view of applicants’ submission of a replacement title. Claim Rejections - 35 USC § 112 The preceding 35 U.S.C. 112(b) rejection of claims 1-6 and 8-9 is withdrawn in view of applicants’ claim amendments. 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. Claims 1-6 and 8-11 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 pre-AIA the applicant regards as the invention. Claim 1 recites forming “a silicon film” in ll. 3-4. Since the preamble recites “a silicon film” in l. 1 it is unclear whether applicants are referring to the same or a different silicon film. It is assumed applicants intended to recite “the silicon film.” Dependent claims 2-6 and 8-11 are similarly rejected due to their dependence on claim 1. 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. Claims 1-2, 4-6, and 8-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Appl. Publ. No. 2011/0263105 to Hasebe, et al. (hereinafter “Hasebe”) in view of U.S. Patent Appl. Publ. No. 2015/0372226 to Apodaca, et al. (“Apodaca”). Regarding claim 1, Hasebe teaches a film forming method for forming a silicon film on a surface (see the Abstract, Figs. 1-13, and entire reference which teach a method of forming a Si film (4) on the surface of a substrate (1)), the film forming method comprising: performing a silicon film forming process during a certain period of time to form a silicon film on a surface (see Figs. 1-2 and ¶¶[0040]-[0074] which teach a step (1) of forming a Si seed layer (3) by flowing an aminosilane-based gas to the surface of a substrate (1) followed by a step (2) of forming an amorphous silicon film (4) on the seed layer (3) formed on a substrate (1) by supplying silane gas (SiH4) for a predetermined duration), wherein the performing the silicon film forming process simultaneously supplies a silane-based gas and a termination gas to the surface during at least a part of the certain period excluding a beginning portion of the certain period (see specifically ¶¶[0061]-[0068] which teach that the silane-based gas in step (2) may contain at least one of SiH4, Si2H6, and/or SimH2m+2 where m ≥ 3 which necessarily means that in addition to SiH4, a second gas such as SimH2m+2 where m ≥ 3 may be simultaneously supplied and may be broadly considered as the termination gas as claimed due to the presence of additional hydrogen atoms; moreover, since only an aminosilane-based gas is supplied when the Si seed layer (3) is formed in step (1), the SiH4, Si2H6, and/or SimH2m+2 where m ≥ 3 gases which are utilized in step (2) and are equated with the claimed termination gas are not supplied in step (1)), the performing the silicon film forming process includes terminating a dangling bond of silicon in the silicon film with the element (see specifically ¶¶[0061]-[0068] which teach that the silane-based gas may contain at least one of SiH4, Si2H6, or SimH2m+2 where m ≥ 3 which necessarily means that in addition to SiH4, a second gas such as SimH2m+2 where m ≥ 3 may be simultaneously supplied and the additional hydrogen atoms will necessarily have the effect of bonding with and, hence, terminating or passivating at least some silicon atoms on the surface). Hasebe does not explicitly teach simultaneously supplying the silane-based gas with a termination gas during at least a part of the certain period and that the termination gas includes an element having an electronegativity lower than an electronegativity of hydrogen. However, in Figs. 1-3 and ¶¶[0011]-[0017] as well as elsewhere throughout the entire reference Apodaca teaches an analogous method of depositing a higher quality Si layer which preferentially deposits on certain surfaces by simultaneously flowing a Si precursor with hydrogen chloride (HCl) as an etchant gas. However, this has the disadvantage of slowing down the deposition rate as Si atoms are simultaneously deposited and etched from the surface. In ¶[0016] Apodaca specifically teaches that in order to reduce the overall processing time the time period during which a high quality layer is required by flowing both the Si precursor and HCl gas is limited to portions of the deposited structure which actually require a higher quality film. When a higher quality is not required the HCl flow is turned off so that a lower quality, but more rapid deposition rate is obtained. Thus, a PHOSITA prior to the effective filing date of the invention would be motivated to utilize a termination gas such as HCl which includes an element (Cl) having an electronegativity lower than hydrogen and passivates Si dangling bonds during growth of a Si film (4) in step (2) in order to make the surface less sensitive to impurities and/or to make surface diffusion occur more slowly such that a higher quality Si thin film can be formed and would be further motivated to supply only the silane-based gas without supplying the HCl gas during predetermined time periods when forming the Si film (4) in the method of Hasabe in order to increase the growth rate during periods when a higher quality layer is not required and thereby reduce the overall deposition time. Regarding claim 2, Hasebe does not teach that the termination gas is a hydrogen halide gas. However, as noted supra with respect to the rejection of claim 1, in Figs. 1-3 and ¶¶[0011]-[0017] as well as elsewhere throughout the entire reference Apodaca teaches an analogous method of depositing a higher quality Si layer which preferentially deposits on certain surfaces by simultaneously flowing a Si precursor with hydrogen chloride (HCl) as an etchant gas. Thus, a PHOSITA prior to the effective filing date of the invention would utilize a termination gas comprised of a hydrogen halide such as HCl during Si film growth in step (2) in the method of Hasebe with the motivation for doing so being to make the surface less sensitive to impurities and/or to make surface diffusion occur more slowly such that a higher quality Si thin film can be formed. Regarding claim 4, Hasebe teaches that the silane-based gas is a disilane gas (see Figs. 1-2 and ¶¶[0065]-[0066] which teach the use of Si2H6 as the silane-containing precursor). Regarding claim 5, Hasebe does not teach that the performing the silicon film forming process supplies the silane-based gas to the surface without supplying the termination gas during a predetermined period within the certain period. However, as noted supra with respect to the rejection of claim 1, in Figs. 1-3 and ¶¶[0011]-[0017] as well as elsewhere throughout the entire reference Apodaca teaches an analogous method of depositing a higher quality Si layer which preferentially deposits on certain surfaces by simultaneously flowing a Si precursor with HCl as an etchant gas. However, this has the disadvantage of slowing down the deposition rate as Si atoms are simultaneously deposited and etched from the surface. In ¶[0016] Apodaca specifically teaches that in order to reduce the overall processing time the time period during which a high quality layer is required by flowing both the Si precursor and HCl gas is limited to portions of the deposited structure which actually require a higher quality film. When a higher quality is not required the HCl flow is turned off so that a lower quality, but more rapid deposition rate is obtained. Thus, a PHOSITA prior to the effective filing date of the invention would be motivated to supply only the silane-based gas without supplying the HCl gas during predetermined time periods in the method of Hasabe in order to increase the growth rate during periods when a higher quality layer is not required and thereby reduce the overall deposition time. Regarding claim 6, Hasebe teaches forming a seed layer on the substrate by supplying an aminosilane-based gas to the substrate before the performing the silicon film forming process on the surface formed by a surface of the seed layer (see Figs. 1-2 and ¶¶[0040]-[0074] which teach a step (1) of forming a Si seed layer (3) on the substrate (1) by supplying an aminosilane-based gas to the substrate before forming the Si film (4); it is noted that the first atomic layer (i.e., a monolayer) of the layer (3) may be broadly considered as the seed layer as claimed while the remaining portion of layer (3) and layer (4) may be equated with the Si film in which at least the termination gas is excluded from a beginning portion of film growth). Regarding claim 8, Hasebe teaches preparing the surface on which the silicon film is to be formed, wherein the surface is formed by a surface of a substrate or is formed by a surface of a seed layer formed on the substrate (see Figs. 1-2 and ¶¶[0040]-[0074] which teach that the surface is prepared by forming a seed layer (3) in step (1) prior to film growth in step (2); alternatively, in at least ¶[0042] Hasebe teaches that the surface of the substrate (1) is prepared by forming a base (2) comprised of a silicon oxide or silicon nitride film; still alternatively, see specifically ¶¶[0059]-[0074] which teach that the process temperature during deposition of the Si film (4) in step (2) is 500 °C which necessarily means that the substrate (1) surface is prepared by initially heating to a temperature of 500 °C). Regarding claim 9, Hasebe teaches that the preparing the surface is performed at a first temperature, and the performing the silicon film forming process is performed at the first temperature (see Figs. 1-2 and ¶¶[0040]-[0074] which teach that forming the amorphous silicon film (4) in step (2) may involve preparing the surface by initially heating the substrate to a process temperature of 500 °C and then performing film growth at this process temperature). Regarding claim 10, Hasebe does not teach that performing the silicon film forming process simultaneously supplies the silane-based gas and the termination gas to the surface during at least a part of the certain period excluding an ending portion of the certain period. However, as noted supra with respect to the rejection of claim 1, in ¶[0016] Apodaca specifically teaches that in order to reduce the overall processing time the time period during which a high quality layer is required by flowing both the Si precursor and HCl gas is limited to portions of the deposited structure which actually require a higher quality film. When a higher quality is not required the HCl flow is turned off so that a lower quality, but more rapid deposition rate is obtained. This is specifically exemplified by at least Fig. 3 and ¶[0016] where HCl flow is turned off during the end portion of the film growth process after the Si film reaches a desired thickness. Thus, a PHOSITA prior to the effective filing date of the invention would be motivated to turn off the HCl flow during an ending portion of the Si film growth process in order to increase the growth rate when a higher quality film is not required and thereby reduce the overall deposition time. Regarding claim 11, Hasebe does not teach that performing the silicon film forming process simultaneously supplies the silane-based gas and the termination gas to the surface during at least a part of the certain period corresponding to a second half of the certain period. However, as noted supra with respect to the rejection of claims 1 and 10, in ¶[0016] Apodaca specifically teaches that in order to reduce the overall processing time the time period during which a high quality layer is required by flowing both the Si precursor and HCl gas is limited to portions of the deposited structure which actually require a higher quality film. When a higher quality is not required the HCl flow is turned off so that a lower quality, but more rapid deposition rate is obtained. This is specifically exemplified by at least Fig. 3 and ¶[0016] where HCl flow is turned off during the second half of the film growth process after the Si film reaches a desired thickness. Thus, a PHOSITA prior to the effective filing date of the invention would be motivated to turn off the HCl flow during the second half of the Si film growth process in order to increase the growth rate when a higher quality film is not required and thereby reduce the overall deposition time. Claim 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hasebe in view of Apodaca and still further in view of U.S. Patent Appl. Publ. No. 2011/0061733 to Hurley, et al. (“Hurley”). Regarding claim 3, Hasebe and Apodaca do not teach that the termination gas is a hydrogen fluoride gas. In at least ¶¶[0019]-[0032] and ¶¶[0047]-[0063] as well as elsewhere throughout the entire reference Hurley teaches an analogous method of depositing a Si film by CVD from precursor gases which include silane, hydrogen, and halogen-containing gases such as HCl, HF, HBr, and HI in order to, inter alia, improve its electrical current generating capabilities, to reduce the number of defects, and/or minimize the effect of impurities. In this regard, HF is considered to be a known hydrogen halide which may be substituted in place of or in combination with HCl in the method of Hasebe and Apodaca to obtain the same or a similar effect. Thus, a PHOSITA prior to the effective filing date of the invention would be motivated to utilize HF in place of or in combination with HCl as the termination gas in the method of Hasebe and Apodaca for the same purpose. It is prima facie obvious to combine or substitute known equivalents for the same purpose. See MPEP 2144.06. Response to Arguments Applicants’ arguments filed August 12, 2026, have been fully considered, but they are moot in view of the new grounds of rejection set forth in this Office Action. U.S. Patent Appl. Publ. No. 2015/0372226 to Apodaca, et al. has been introduced in place of U.S. Patent Appl. Publ. No. 2007/0074652 to Dutartre, et al. to teach the newly added claim limitations. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Japanese Patent Appl. Publ. No. JP 2004-253735A to Takano Akihiro teaches a method of depositing a higher quality amorphous Si layer by flowing a halogen gas such as HCl. Any inquiry concerning this communication or earlier communications from the examiner should be directed to KENNETH A BRATLAND JR whose telephone number is (571)270-1604. The examiner can normally be reached Monday- Friday, 7:30 am to 4:30 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, Kaj Olsen can be reached at (571) 272-1344. 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. /KENNETH A BRATLAND JR/Primary Examiner, Art Unit 1714
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Prosecution Timeline

Mar 19, 2024
Application Filed
Apr 29, 2026
Non-Final Rejection mailed — §103, §112
Jun 02, 2026
Response Filed
Jun 16, 2026
Final Rejection mailed — §103, §112
Aug 12, 2026
Request for Continued Examination
Aug 15, 2026
Response after Non-Final Action
Sep 23, 2026
Non-Final Rejection mailed — §103, §112 (current)

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Prosecution Projections

3-4
Expected OA Rounds
56%
Grant Probability
72%
With Interview (+16.3%)
3y 2m (~7m remaining)
Median Time to Grant
High
PTA Risk
Based on 886 resolved cases by this examiner. Grant probability derived from career allowance rate.

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