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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 XXXXX 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 05/20/2026. Claims 1-4, 6-9, 11-15, 17-20 are pending in the current office action. Claims 1, 4, 9, 14, 18, and 20 have been amended by the applicant. Claims 5, 10, 16, and 21-23 are cancelled.
Status of the Rejection
The rejection of claims 5 and 10 is obviated by the Applicant’s cancellation.
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Some 103 rejections from the previous office action are withdrawn in view of the Applicant’s amendment.
New grounds of rejection under 35 U.S.C. § 103 are necessitated by the amendments.
Claim Objections
Claim 1 is objected to because of the following informalities: Claim 1 recites “when a temperature the slurry composition” it is clear that this was intended to read “when a temperature of the slurry composition”. Appropriate correction is required.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
Claims 1, 13, and 18 recite the limitation “the oxidizer is a temperature-sensitive oxidizer configured to control both a static etch rate and a removal rate of the metal film based on a polishing temperature during the chemical mechanical polishing being about 5 °C to about 100 °C”. This limitation could potentially be considered as invoking 112(f). However, this limitation does not use “means”, “step”, or another generic placeholder, therefore creating the presumption that the limitation should not by interpreted under 112(f). Further, the claims include structure regarding the relevant component. In particular, the oxidizer is required to be “temperature-sensitive” and comprise iodine. For this reason, this limitation will not be interpreted under 112(f).
Claims 9 and 18 recite the limitation “the adsorbent is configured to adsorb iodine generated from the oxidizer based on the chemical mechanical polishing”. This limitation could potentially be considered as invoking 112(f). However, this limitation does not use “means”, “step”, or another generic placeholder, therefore creating the presumption that the limitation should not by interpreted under 112(f). Further, the claims include structure regarding the relevant component. In particular, the term “adsorbent” would be understood by one of ordinary skill in the art as defining structure. For this reason, this limitation will not be interpreted under 112(f).
Claim 1 recites the limitation “wherein the pH adjusting agent is configured to adjust a pH of the slurry composition to be greater than 1 and less than 3”. This limitation could potentially be considered as invoking 112(f). However, this limitation does not use “means”, “step”, or another generic placeholder, therefore creating the presumption that the limitation should not by interpreted under 112(f). Further, the claims include structure regarding the relevant component. In particular, the term pH adjusting agent requires structure of the component (the component must have some pH value on its own and/or the capability to change the pH of a solution it has been added to) and further requires that the component be able to change the pH to be within a particular range. For this reason, this limitation will not be interpreted under 112(f).
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 1-4, 6-9, 11-15, and 17-20 are rejected under 35 U.S.C. 103 as being unpatentable over Jeong et al. (US-20090298289-A1) in view of over Kim et al. (US-20100015807-A1) and Singh et al. (US20230002641-A1).
Regarding Claim 1, Jeong teaches a slurry composition used for chemical mechanical polishing of a metal film (Paragraph [0001] slurry composition for chemical mechanical polishing, useful for polishing a copper film. Note that: The preamble "used for chemical mechanical polishing of a metal film" is a statement of intended use that does not further limit the claimed invention. While features of an apparatus may be recited either structurally or functionally, claims directed to an apparatus must be distinguished from the prior art in terms of structure rather than function. See MPEP 2114. Since the structure of the prior art teaches all of the structural limitations of the claim, the structure is considered capable of meeting the intended use limitations), the slurry composition comprising:
an oxidizer (Paragraph [0014] composition includes an oxidant); and
a pH adjusting agent (Paragraph [0016] composition can include a pH adjuster);
wherein the oxidizer comprises iodine, and the oxidizer is a temperature-sensitive oxidizer configured to control both a static etch rate and a removal rate of the metal film based on a polishing temperature during the chemical mechanical polishing being about 5°C to about 100°C (Paragraph [0023] oxidant can be a periodate, iodate, iodic acid, or iodic acid salts which comprise iodine. Examiner takes the position that these oxidizers can be considered temperature-sensitive and meet the claimed limitations).
Jeong fails to teach wherein the pH adjusting agent is configured to adjust a pH of the slurry composition to be greater than 1 and less than 3.
However, Jeong teaches that the pH of the composition is 1-7 (Paragraph [0016]).
It would have been obvious to one of ordinary skill in the art to have selected and incorporated a pH at a level within the disclosed range of 1 to 7, including at amounts that overlap with the claimed range of greater than 1 and less than 3. It has been held that obviousness exists where the claimed ranges overlap or lie inside ranges disclosed by the prior art. See MPEP 2144.05 (I).
Jeong fails to teach that the composition includes abrasive particles
Kim teaches a composition for chemical mechanical polishing (Paragraph [0001]) that includes an oxidizer (Paragraph [0028]), zeolite (Paragraph [0012]), and can further include abrasive particles (Paragraph [0038]).
It would have been obvious to one of ordinary skill in the art to have modified the composition of Jeong by further including abrasive particles as taught by Kim into the composition.
This modification would have been obvious as it would have been the combination of prior art elements according to known methods to yield predictable results. The abrasive particle of Kim would have had the same function of acting as an abrasive within the composition. The combination would have had the predictable result of supplying a composition that could suitably be used as a slurry for chemical mechanical polishing. See MPEP 2143(I)(A).
Modified Jeong fails to teach that the composition further includes deionized water.
Singh teaches compositions for chemical mechanical polishing (Paragraph [0001]). Singh teaches that the polishing composition can include deionized water (Paragraph [0035])
It would have been obvious to one of ordinary skill in the art to have modified the composition of modified Jeong by including deionized water as taught by Singh.
This modification would have been obvious as it could be considered the combination of prior art elements according to known methods to yield predictable results. The combination would have produced the predictable result of providing a suitable medium (deionized water) in which the various components taught by modified Jeong could be mix in order to create a slurry composition. See MPEP 2143(I)(A).
Regarding the limitation “wherein an increase in the static etch rate of the metal film is less than or equal to 10 Å/min when a temperature the slurry composition increases from about 25 °C to about 60 °C”, examiner takes the position that the “static etch rate” of a composition, and how that static etch rate changes due to temperature changes, is an inherent feature of a composition. Any substantially identical composition would have the same static etch rate when tested under identical conditions. Therefore, it is the examiner's position that the composition taught by modified Jeong as outlined above would inherently have the instantly claimed feature of “wherein an increase in the static etch rate of the metal film is less than or equal to 10 Å/min when a temperature the slurry composition increases from about 25 °C to about 60 °C”. Since PTO cannot conduct experiments the proof of burden is shifted to the applicants to establish a nonobviousness difference. See MPEP 2112.
In an alternative interpretation where the static etch rate is not considered an intrinsic property of a composition, examiner further notes that Kim teaches that a composition may have a static etch rate of about 0 A/min to about 10 A/min (Paragraph [0047] Table 1, experiments 1-1 and 1-2 have etch rates of 4.5 and 9.4 A/min, Paragraph [0049] Table 2 experiment 1-2 has an etch rate of 9.4 A/min, Paragraph [0053] Table 4 experiments 4-3 and 4-4 have etch rates of 6.9 and 1 A/min, Paragraph [0055] Table 5 experiments 5-2, 5-3, and 5-4 have etch rates 5, 1, and 1 A/min, Paragraph [0057] Table 6 experiments 6-1 through 6-5 have etch rates between 2.1 and 0 A/min, Paragraph [0059] Table 7 experiments 7-1 through 7-4 have etch rates between 1 and 9 A/min, and Paragraph [0067] Table 9 experiments 9-1 through 9-3 have etch rates between 4 and 8 A/min) at a temperature of about 25 °C to about 60 °C (Paragraph [0045] the etch rate is calculated at room temperature, which can be considered to be “about 25°C”). It would have been obvious to one of ordinary skill in the art to have selected a static etch rate for the composition of modified Jeong to be within the range taught by Kim, which teaches that such static etch rates are possible for slurry compositions. This modification would have been obvious to one of ordinary skill in the art as it would have been the combination of prior art elements according to known methods to yield predictable results. Kim teaches possible static etch rates for slurry compositions and the combination would have selected a suitable static etch rate for the composition of modified Jeong. It has been held that obviousness exists where the claimed ranges overlap or lie inside ranges disclosed by the prior art. See MPEP 2144.05 (I).
Regarding Claim 2, modified Jeong teaches all the limitations of claim 1 as outlined above.
Jeong teaches that the oxidant can be a periodate, iodate, or iodic acid (Paragraph [0023]) but fails to teach that the oxidizer includes at least one of potassium iodate, sodium periodate, or periodic acid.
Singh teaches compositions for chemical mechanical polishing (Paragraph [0001]). Singh teaches that the polishing composition can include an oxidizing agent. Singh teaches that periodic acid and potassium iodate are suitable oxidizing agents (Paragraph [0030]).
It would have been obvious to one of ordinary skill in the art to have modified the composition of modified Jeong by using periodic acid or potassium iodate as the oxidizing agent.
This modification would have been the simple substitution of one oxidizer in a chemical mechanical polishing composition for another. The simple substitution of one known element for another is likely to be obvious when predictable results are achieved. See MPEP §2143(B). Furthermore, 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 3, modified Jeong teaches all the limitations of claim 1 as outlined above.
Jeong fails to teach wherein a concentration of the oxidizer is about 1 wt % to about 5 wt % of a total weight of the oxidizer.
However, Jeong does teach that the oxidizer is included in the composition at 0.01-15 wt% (Paragraph [0024]).
It would have been obvious to one of ordinary skill in the art to have selected and incorporated the oxidizer at a level within the disclosed range of 0.01-15 wt%, including at amounts that overlap with the claimed range of about 1 wt % to about 5 wt %. It has been held that obviousness exists where the claimed ranges overlap or lie inside ranges disclosed by the prior art. See MPEP 2144.05 (I).
Regarding Claim 4, modified Jeong teaches all the limitations of claim 1 as outlined above. Jeong further teaches wherein the pH adjusting agent includes at least one of lithium hydroxide, sodium hydroxide, potassium hydroxide, cesium hydroxide, sulfuric acid, nitric acid, hydrogen chloride, or phosphoric acid (Paragraph [0027] pH adjuster can be potassium hydroxide (KOH) sulfuric acid, nitric acid, hydrochloric acid, or phosphoric acid).
Regarding Claim 6, modified Jeong teaches all the limitations of claim 1 as outlined above. Kim further teaches wherein the abrasive particles include at least one of silica, alumina, ceria, titania, zirconia, magnesia, germania, or mangania (Paragraph [0038] silica, alumina, or ceria may be used as the abrasive particles).
Regarding Claim 7, modified Jeong teaches all the limitations of claims 1 and 6 as outlined above. Kim further teaches wherein a concentration of the abrasive particles is less than about 10 wt% of a total weight of the slurry composition (Paragraph [0038] abrasive particles are included from 0.01 to 8% by weight).
Regarding Claim 8, modified Jeong teaches all the limitations of claim 1 as outlined above. The limitation recited within claim 8 (“wherein the metal film comprises tungsten (W) or molybdenum (Mo)”) further limits the preamble statement “used for chemical mechanical polishing of a metal film”. This preamble is a statement of intended use that does not further limit the claimed invention. While features of an apparatus may be recited either structurally or functionally, claims directed to an apparatus must be distinguished from the prior art in terms of structure rather than function. See MPEP 2114. Since the structure of the prior art teaches all of the structural limitations of the claims, the structure is considered capable of meeting the intended use limitations, including the limitation of the instant claim.
Regarding Claim 9, Jeong teaches a slurry composition used for chemical mechanical polishing of a metal film (Paragraph [0001] slurry composition for chemical mechanical polishing, useful for polishing a copper film. Note that: The preamble "used for chemical mechanical polishing of a metal film" is a statement of intended use that does not further limit the claimed invention. While features of an apparatus may be recited either structurally or functionally, claims directed to an apparatus must be distinguished from the prior art in terms of structure rather than function. See MPEP 2114. Since the structure of the prior art teaches all of the structural limitations of the claim, the structure is considered capable of meeting the intended use limitations), the slurry composition comprising:
an oxidizer (Paragraph [0014] composition includes an oxidant); and
an adsorbent (Paragraph [0014] composition includes zeolite. Paragraph [0017] zeolite can absorb ions);
wherein the oxidizer comprises iodine (Paragraph [0023] oxidant can be a periodate, iodate, or iodic acid which comprises iodine), and the adsorbent is configured to adsorb iodine generated from the oxidizer based on the chemical mechanical polishing (Paragraph [0017] zeolite can absorb ions. Examiner takes the position that zeolite could adsorb iodine and meets the claimed limitations).
Jeong fails to explicitly teach that a pH of the slurry composition is greater than 1 and less than 3.
However, Jeong further teaches that the pH of the composition is 1 to 7 (Paragraph [0022]).
It would have been obvious to one of ordinary skill in the art to have selected and incorporated a pH at a level within the disclosed range of 1 to 7, including at amounts that overlap with the claimed range of greater than 1 and less than 3. It has been held that obviousness exists where the claimed ranges overlap or lie inside ranges disclosed by the prior art. See MPEP 2144.05 (I).
Jeong fails to teach wherein a concentration of the oxidizer is about 1 wt % to about 5 wt % of a total weight of the oxidizer.
However, Jeong does teach that the oxidizer is included in the composition at 0.01-15 wt% (Paragraph [0024]).
It would have been obvious to one of ordinary skill in the art to have selected and incorporated the oxidizer at a level within the disclosed range of 0.01-15 wt%, including at amounts that overlap with the claimed range of about 1 wt % to about 5 wt %. It has been held that obviousness exists where the claimed ranges overlap or lie inside ranges disclosed by the prior art. See MPEP 2144.05 (I).
Jeong fails to explicitly teach wherein a concentration of the adsorbent is less than or equal to about 1 wt% of a total weight of the slurry composition.
However, Jeong teaches that zeolite, equivalent to the claimed adsorbent, is included in the composition from 0.01 to 20% by weight (Paragraph [0021]).
It would have been obvious to one of ordinary skill in the art to have selected and incorporated the adsorbent at a level within the disclosed range of 0.01-20% by weight, including at amounts that overlap with the claimed range of less than or equal to about 1% by weight. It has been held that obviousness exists where the claimed ranges overlap or lie inside ranges disclosed by the prior art. See MPEP 2144.05 (I).
Jeong fails to teach that the composition includes abrasive particles, wherein a concentration of the abrasive particles is about 0.1 wt% to about 10 wt% of a total weight of the slurry composition.
Kim teaches a composition for chemical mechanical polishing (Paragraph [0001]) that includes an oxidizer (Paragraph [0028]), zeolite (Paragraph [0012]), and can further include abrasive particles (Paragraph [0038]). Kim further teaches that the concentration of the abrasive particles is 0.01 to 8% by weight (Paragraph [0038] abrasive particles are included from 0.01 to 8% by weight).
It would have been obvious to one of ordinary skill in the art to have modified the composition of Jeong by further including abrasive particles as taught by Kim into the composition, at an amount within the range taught by Kim.
This modification would have been obvious as it would have been the combination of prior art elements according to known methods to yield predictable results. The abrasive particle of Kim would have had the same function of acting as an abrasive within the composition. The combination would have had the predictable result of supplying a composition that could suitably be used as a slurry for chemical mechanical polishing. See MPEP 2143(I)(A).
Modified Jeong fails to teach that the composition further includes deionized water.
Singh teaches compositions for chemical mechanical polishing (Paragraph [0001]). Singh teaches that the polishing composition can include deionized water (Paragraph [0035])
It would have been obvious to one of ordinary skill in the art to have modified the composition of modified Jeong by including deionized water as taught by Singh.
This modification would have been obvious as it could be considered the combination of prior art elements according to known methods to yield predictable results. The combination would have produced the predictable result of providing a suitable medium (deionized water) in which the various components taught by modified Jeong could be mix in order to create a slurry composition. See MPEP 2143(I)(A).
Regarding the limitation “wherein the slurry composition has a static etch rate of about 0 Å/min to about 10 Å/min at both a temperature of about 25°C and a temperature of about 60°C”, examiner takes the position that the “static etch rate” of a composition is an inherent feature of a composition. Any substantially identical composition would have the same static etch rate when tested under identical conditions. Therefore, it is the examiner's position that the composition taught by modified Jeong as outlined above would inherently have the instantly claimed feature of “wherein the slurry composition has a static etch rate of about 0 Å/min to about 10 Å/min at both a temperature of about 25°C and a temperature of about 60°C”. Since PTO cannot conduct experiments the proof of burden is shifted to the applicants to establish a nonobviousness difference. See MPEP 2112.
In an alternative interpretation where the static etch rate is not considered an intrinsic property of a composition, examiner further notes that Kim teaches that a composition may have a static etch rate of about 0 A/min to about 10 A/min (Paragraph [0047] Table 1, experiments 1-1 and 1-2 have etch rates of 4.5 and 9.4 A/min, Paragraph [0049] Table 2 experiment 1-2 has an etch rate of 9.4 A/min, Paragraph [0053] Table 4 experiments 4-3 and 4-4 have etch rates of 6.9 and 1 A/min, Paragraph [0055] Table 5 experiments 5-2, 5-3, and 5-4 have etch rates 5, 1, and 1 A/min, Paragraph [0057] Table 6 experiments 6-1 through 6-5 have etch rates between 2.1 and 0 A/min, Paragraph [0059] Table 7 experiments 7-1 through 7-4 have etch rates between 1 and 9 A/min, and Paragraph [0067] Table 9 experiments 9-1 through 9-3 have etch rates between 4 and 8 A/min) at a temperature of about 25 °C to about 60 °C (Paragraph [0045] the etch rate is calculated at room temperature, which can be considered to be “about 25°C”). It would have been obvious to one of ordinary skill in the art to have selected a static etch rate for the composition of modified Jeong to be within the range taught by Kim, which teaches that such static etch rates are possible for slurry compositions. This modification would have been obvious to one of ordinary skill in the art as it would have been the combination of prior art elements according to known methods to yield predictable results. Kim teaches possible static etch rates for slurry compositions and the combination would have selected a suitable static etch rate for the composition of modified Jeong. It has been held that obviousness exists where the claimed ranges overlap or lie inside ranges disclosed by the prior art. See MPEP 2144.05 (I).
Regarding Claim 11, modified Jeong teaches all the limitations of claim 9 as outlined above. Jeong further teaches wherein the adsorbent comprises porous material (Paragraph [0014] composition includes zeolite. Paragraph [0002] zeolite is porous).
Regarding Claim 12, modified Jeong teaches all the limitations of claim 9 as outlined above. Jeong further teaches wherein the adsorbent includes at least one of a metal organic framework (MOF), zeolite, or activated carbon (Paragraph [0014] composition includes zeolite).
Regarding Claim 13, modified Jeong teaches all the limitations of claim 9 as outlined above. Jeong further teaches wherein the oxidizer is a temperature-sensitive oxidizer configured to control both a static etch rate and a removal rate of the metal film based on a polishing temperature during the chemical mechanical polishing being about 5 ℃ to about 100 ℃. (Paragraph [0028] composition includes an oxidizer, that can be a periodate, an iodate, or iodic acid. Examiner takes the position that these oxidizers can be considered temperature-sensitive and meet the claimed limitations).
Regarding Claim 14, modified Jeong teaches all the limitations of claim 9 as outlined above.
Jeong teaches that the oxidant can be a periodate, iodate, or iodic acid (Paragraph [0023]) but fails to teach that the oxidizer includes at least one of potassium iodate, sodium periodate, or periodic acid.
Singh teaches compositions for chemical mechanical polishing (Paragraph [0001]). Singh teaches that the polishing composition can include an oxidizing agent. Singh teaches that periodic acid and potassium iodate are suitable oxidizing agents (Paragraph [0030]).
It would have been obvious to one of ordinary skill in the art to have modified the composition of modified Jeong by using periodic acid or potassium iodate as the oxidizing agent.
This modification would have been the simple substitution of one oxidizer in a chemical mechanical polishing composition for another. The simple substitution of one known element for another is likely to be obvious when predictable results are achieved. See MPEP §2143(B). Furthermore, 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 15, modified Jeong teaches all the limitations of claim 9 as outlined above. Jeong further teaches wherein the slurry composition further comprises a pH adjusting agent, and wherein the pH adjusting agent includes at least one of lithium hydroxide, sodium hydroxide, potassium hydroxide, cesium hydroxide, sulfuric acid, nitric acid, hydrogen chloride, or phosphoric acid (Paragraph [0027] pH adjuster can be potassium hydroxide (KOH) sulfuric acid, nitric acid, hydrochloric acid, or phosphoric acid).
Regarding Claim 17, modified Jeong teaches all the limitations of claim 9 as outlined above. The limitation recited within claim 8 (“wherein the metal film comprises tungsten (W) or molybdenum (Mo)”) further limits the preamble statement “used for chemical mechanical polishing of a metal film”. This preamble is a statement of intended use that does not further limit the claimed invention. While features of an apparatus may be recited either structurally or functionally, claims directed to an apparatus must be distinguished from the prior art in terms of structure rather than function. See MPEP 2114. Since the structure of the prior art teaches all of the structural limitations of the claims, the structure is considered capable of meeting the intended use limitations, including the limitation of the instant claim.
Regarding Claim 18, Jeong teaches a slurry composition used for chemical mechanical polishing of a metal film (Paragraph [0001] slurry composition for chemical mechanical polishing, useful for polishing a copper film. Note that: The preamble "used for chemical mechanical polishing of a metal film" is a statement of intended use that does not further limit the claimed invention. While features of an apparatus may be recited either structurally or functionally, claims directed to an apparatus must be distinguished from the prior art in terms of structure rather than function. See MPEP 2114. Since the structure of the prior art teaches all of the structural limitations of the claim, the structure is considered capable of meeting the intended use limitations), the slurry composition comprising:
an oxidizer (Paragraph [0014] composition includes an oxidant); and
an adsorbent comprising porous material (Paragraph [0014] composition includes zeolite. Paragraph [0002] zeolite is porous);
wherein the oxidizer comprises iodine (Paragraph [0023] oxidant can be a periodate, iodate, or iodic acid which comprises iodine), the oxidizer is a temperature-sensitive oxidizer configured to control both a static etch rate and a removal rate of the metal film based on a polishing temperature during the chemical mechanical polishing being about 50C to about 100C (Examiner takes the position that these oxidizers can be considered temperature-sensitive and meet the claimed limitations), and the adsorbent is configured to adsorb iodine generated from the oxidizer based on the chemical mechanical polishing (Paragraph [0017] zeolite can absorb ions. Examiner takes the position that zeolite could adsorb iodine and meets the claimed limitations).
Jeong fails to teach wherein a concentration of the oxidizer is about 1 wt % to about 5 wt % of a total weight of the oxidizer.
However, Jeong does teach that the oxidizer is included in the composition at 0.01-15 wt% (Paragraph [0024]).
It would have been obvious to one of ordinary skill in the art to have selected and incorporated the oxidizer at a level within the disclosed range of 0.01-15 wt%, including at amounts that overlap with the claimed range of about 1 wt % to about 5 wt %. It has been held that obviousness exists where the claimed ranges overlap or lie inside ranges disclosed by the prior art. See MPEP 2144.05 (I).
Jeong fails to explicitly teach wherein a concentration of the adsorbent is about 0.1% to about 1 wt% of a total weight of the slurry composition.
However, Jeong teaches that zeolite, equivalent to the claimed adsorbent, is included in the composition from 0.01 to 20% by weight (Paragraph [0021]).
It would have been obvious to one of ordinary skill in the art to have selected and incorporated the adsorbent at a level within the disclosed range of 0.01-20% by weight, including at amounts that overlap with the claimed range of less than or equal to about 1% by weight. It has been held that obviousness exists where the claimed ranges overlap or lie inside ranges disclosed by the prior art. See MPEP 2144.05 (I).
Jeong fails to explicitly teach that a pH of the slurry composition is greater than 1 and less than 3.
However, Jeong further teaches that the pH of the composition is 1 to 7 (Paragraph [0022]).
It would have been obvious to one of ordinary skill in the art to have selected and incorporated a pH at a level within the disclosed range of 1 to 7, including at amounts that overlap with the claimed range of greater than 1 and less than 3. It has been held that obviousness exists where the claimed ranges overlap or lie inside ranges disclosed by the prior art. See MPEP 2144.05 (I).
Jeong fails to teach that the composition includes abrasive particles, wherein a concentration of the abrasive particles is about 0.1 wt% to about 10 wt% of a total weight of the slurry composition.
Kim teaches a composition for chemical mechanical polishing (Paragraph [0001]) that includes an oxidizer (Paragraph [0028]), zeolite (Paragraph [0012]), and can further include abrasive particles (Paragraph [0038]). Kim further teaches that the concentration of the abrasive particles is 0.01 to 8% by weight (Paragraph [0038] abrasive particles are included from 0.01 to 8% by weight).
It would have been obvious to one of ordinary skill in the art to have modified the composition of Jeong by further including abrasive particles as taught by Kim into the composition, at an amount within the range taught by Kim.
This modification would have been obvious as it would have been the combination of prior art elements according to known methods to yield predictable results. The abrasive particle of Kim would have had the same function of acting as an abrasive within the composition. The combination would have had the predictable result of supplying a composition that could suitably be used as a slurry for chemical mechanical polishing. See MPEP 2143(I)(A).
Modified Jeong fails to teach that the composition further includes deionized water.
Singh teaches compositions for chemical mechanical polishing (Paragraph [0001]). Singh teaches that the polishing composition can include deionized water (Paragraph [0035])
It would have been obvious to one of ordinary skill in the art to have modified the composition of modified Jeong by including deionized water as taught by Singh.
This modification would have been obvious as it could be considered the combination of prior art elements according to known methods to yield predictable results. The combination would have produced the predictable result of providing a suitable medium (deionized water) in which the various components taught by modified Jeong could be mix in order to create a slurry composition. See MPEP 2143(I)(A).
Regarding Claim 19, modified Jeong teaches all the limitations of claim 18 as outlined above.
Jeong teaches that the oxidant can be a periodate, iodate, or iodic acid (Paragraph [0023]) but fails to teach that the oxidizer includes at least one of potassium iodate, sodium periodate, or periodic acid.
Singh teaches compositions for chemical mechanical polishing (Paragraph [0001]). Singh teaches that the polishing composition can include an oxidizing agent. Singh teaches that periodic acid and potassium iodate are suitable oxidizing agents (Paragraph [0030]).
It would have been obvious to one of ordinary skill in the art to have modified the composition of modified Jeong by using periodic acid or potassium iodate as the oxidizing agent.
This modification would have been the simple substitution of one oxidizer in a chemical mechanical polishing composition for another. The simple substitution of one known element for another is likely to be obvious when predictable results are achieved. See MPEP §2143(B). Furthermore, 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 20, modified Jeong teaches all the limitations of claim 18 as outlined above. Jeong further teaches wherein the adsorbent includes at least one of a metal organic framework (MOF), zeolite, or activated carbon (Paragraph [0014] composition includes zeolite).
Response to Arguments
Applicant's arguments/amendments filed 06/20/2026 with respect to with respect to the amended claims 1-8 are persuasive. The previous grounds of rejection have been withdrawn and new grounds of rejection have been presented above.
Applicant’s arguments, see Remarks Pg. 1-2, filed 06/20/2026, with respect to the 35 U.S.C. § 103 rejections of claim 9 and 18 have been fully considered and are not persuasive.
Applicant argues that the cited prior art fails to teach weight percentages for the abrasive particles, oxidizer, and adsorbent within the composition as required by the amended claims.
Examiner respectfully disagrees. As outlined in the rejection above, the cited prior art teaches suitable ranges that overlap with the claimed ranges, for including each of these components within the composition.
Conclusion
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/A.K.L./Examiner, Art Unit 1713 /DUY VU N DEO/Primary Examiner, Art Unit 1713
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