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 .
Election/Restrictions
Applicant’s election of Group I in the reply filed on March 9, 2026, is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Claim Rejections - 35 USC § 112
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 1-11 and 21-23 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
In claim 1, line 5, the term “a patterned substrate” and in claim 21, line 5, the “a patterned substrate” lack proper antecedent basis. Is this different from the patterned substrate recited in line 3?
In claim 23, lines 1-2, the phrase “wherein the plasma processing chamber comprises a first electrode and a second electrode” renders the claim indefinite because the base claim already describes a bottom electrode and a sacrificial electrode (claim 21, lines 3-4). It is unclear whether the first and second electrodes are different from the bottom and sacrificial electrodes. This rejection would be overcome by simply deleting the phrase.
Claims 2-11 and 22 fail to cure the indefiniteness of the base claim and are therefore also rejected.
Allowable Subject Matter
Claims 1 and 21 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
Claims 2-11 and 22-23 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Claims 12-17 are allowed.
The following is a statement of reasons for the indication of allowable subject matter: the prior art fails to disclose or suggest a method of processing a substrate in a plasma processing chamber, the method comprising:
consuming the sacrificial electrode to deposit a blanket layer over a patterned substrate, the patterned substrate comprising a layer to be patterned, a patterned planarizing layer disposed on the layer to be patterned, and a patterned anti-reflection layer disposed over the patterned planarizing layer, the blanket layer closing gaps between adjacent patterned planarizing layer to form cavities;
thinning the blanket layer to open the cavities; and
extending the cavities into the layer to be patterned using a plasma etching process, as in the context of claims 12.
The closest prior art, KR 2012-0041334 A discloses some elements of the claimed invention, but not all the elements of claim 12. KR ’334 discloses loading a patterned substrate (Fig. 1c); depositing a blanket layer 17, the blanket layer closing gaps (as depicted in Fig. 1e); and thinning the blanket layer (Fig. 1f). However, KR ’334 fails to disclose that the thinning opens the cavities, and then etching to extend the cavities. The prior art also fails to disclose these features of thinning and then extending the cavities by etching. Accordingly, there is no motivation to modify KR ’334 to arrive at the claimed invention, as in the context of claim 12.
Remarks
Examiner attempted to call applicant’s representative on April 2, 2026, to propose an examiner’s amendment. However, examiner was unable to resolve the above 35 USC 112 issues in a timely manner.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Faguet (US 7,569,491) is cited to show depositing a blanket layer 150 (Fig. 2E, col.5, lines 17-64), the blanket layer closing gaps (as depicted in Fig. 2E); and thinning the blanket layer (Fig. 2F). Liu et al (US 2006/0099824 A1) is cited to show HDPCVD to prevent formation of voids, but nonetheless discloses layers similar to the claimed invention. Lai et al (US 2003/0113997 A1) is cited to show a sealed void by an overhang formed in via hole 106 (Fig. 18). Nishimura (US 7,790,614 B2) is cited to show masking and etching to form a void 6 (Fig. 1).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANITA K ALANKO whose telephone number is (571)270-0297. The examiner can normally be reached Monday-Friday, 9 am-5pm.
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/ANITA K ALANKO/Primary Examiner, Art Unit 1713
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