Prosecution Insights
Last updated: October 02, 2026
Application No. 18/620,222

METHOD FOR SEMICONDUCTOR PROCESSING

Non-Final OA §103
Filed
Mar 28, 2024
Examiner
BERRY, PAUL ANTHONY
Art Unit
Tech Center
Assignee
Tokyo Electron Limited
OA Round
1 (Non-Final)
90%
Grant Probability
Favorable
1-2
OA Rounds
10m
Est. Remaining
89%
With Interview

Examiner Intelligence

Grants 90% — above average
90%
Career Allowance Rate
46 granted / 51 resolved
+30.2% vs TC avg
Minimal -1% lift
Without
With
+-1.3%
Interview Lift
resolved cases with interview
Typical timeline
3y 4m
Avg Prosecution
41 currently pending
Career history
94
Total Applications
across all art units

Statute-Specific Performance

§103
58.9%
+18.9% vs TC avg
§102
23.4%
-16.6% vs TC avg
§112
17.7%
-22.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 51 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 . Election/Restrictions Claims 8-15 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Method Embodiment 2, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 06/18/2026. Applicant’s election without traverse of Method Embodiment 1 in the reply filed on 06/18/2026 is acknowledged. Claim Rejections - 35 USC § 103 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 1-7 and 16-20 are rejected under 35 U.S.C. 103 as being unpatentable over Lee et al. (US 2023/0317784 A1, hereinafter Lee ‘784) in view of Miyako et al. (JP 2024126187 A, hereinafter Miyako ‘187), in view of the following arguments. With respect to Claim 1 Lee ‘784 discloses a method of processing a substrate (Fig 1-2R-4), the method comprising: forming a recess (128, Fig 2I-1, Para [0077]) by etching (disclosed in Para [0077]) a sacrificial layer (106, Fig 2I-1, Para [0077]), the sacrificial layer (106) being between a lower nanosheet (second from top 108, Fig 2I-1, Para [0031] discloses channel layers 108 as nanosheet, hereinafter LNS) and an upper nanosheet (uppermost 108, Fig 2I-1, Para [0031] discloses channel layers 108 as nanosheet, hereinafter UNS); forming a blocking layer (TS2, Fig 2J-1, Para [0083], hereinafter BL) and an inner spacer (132, Fig 2L-1, Para [0095], hereinafter ISP) in the recess (128), forming a source/drain region (136, Fig 2M-1, Para [0099]) adjacent (136 adjacent to LNS, UNS and ISP disclosed in Fig 2M-1) the lower nanosheet (LNS), the inner spacer (ISP), and the upper nanosheet (UNS); and removing the sacrificial layer (106, Fig 2O-1, Para [0112]) with an etch process (disclosed in Para [0112]), the blocking layer (BL) protecting (Fig 2O-1 and Para [0112] discloses TS2 around 132 and arrangement protecting source/drain features from damage) the source/drain region (136) from etchants (disclosed in Para [0112]). But Lee ‘784 fails to explicitly disclose the forming the blocking layer comprising performing a small molecule treatment. However, in a related endeavor (Fig 1-3A of Miyako ‘187), Miyako ‘187 teaches the forming the blocking layer comprising performing a small molecule treatment (Fig 1-3A and Para [0028] of translation of Miyako ‘187 discloses HMDS (hexamethyldisilazane) treatment of SiN substrate 220). Therefore, it would have been obvious to one with ordinary skill in the art, before the effective filing date of the claimed invention, to incorporate Miyako ‘187’s teaching of the forming the blocking layer comprising performing a small molecule treatment into Lee ‘784’s method. Lee ‘784 teaches a method wherein a passivation layer is deposited under the dielectric spacer to improve the performance of the device (Para [0086] of Lee ‘784). Miyako ‘187 teaches a method to form a dielectric layer SiN and teaches that a layer of Hexamethyldisilazane (HMDS) on the SiN can contribute to the hydrophobicity of the dielectric layer. The ordinary artisan would have been motivated to modify Lee ‘784 in the manner set forth above, at least, HMDS is a well-known material to achieve the well-known advantage of protecting a dielectric layer and also as Miyako ‘187 teaches in Para [0027 and 0028 of translation of Miyako ‘187], the use of Hexamethyldisilazane (HMDS) can contribute to the hydrophobicity of the dielectric layer which would help to resist moisture absorption (which one of ordinary skill in the art would recognize would degrade device performance) in the dielectric layer during subsequent wet etching processes. As incorporated, the teaching of using Hexamethyldisilazane (HMDS) of Miyako ‘187 would be used as the small molecule in the blocking layer (BL) of Lee ‘784. Lee ‘784 as modified by Miyako ‘187 fails to explicitly disclose with a gas comprising a leaving group and a remaining group. However, Examiner notes that the blocking layer (BL) comprising HDMS of Lee ‘784 as modified by Miyako ‘187 is the same gas material as the blocking layer of the instant application (Para [0038] of specification). Therefore, the HMDS of Lee ‘784 as modified by Miyako ‘187 must behave the same as the HMDS of the instant application. Therefore, the gas blocking layer (BL) of Lee ‘784 as modified by Miyako ‘187 would comprise a leaving group and a remaining group. With respect to Claim 2 Lee ‘784 as modified by Miyako ‘187 discloses all limitations of the method of claim 1, And Miyako ‘187 further teaches (Fig 1-3A of Miyako ‘187), wherein the small molecule treatment comprises N- (Trimethylsilyl)dimethylamine (Fig 1-3A and Para [0028] of translation of Miyako ‘187 discloses (Trimethylsilyl)dimethylamine treatment of SiN substrate 220). Therefore, it would have been obvious to one with ordinary skill in the art, before the effective filing date of the claimed invention, to incorporate Miyako ‘187’s further teaching of wherein the small molecule treatment comprises N- (Trimethylsilyl)dimethylamine into Lee ‘784 as modified by Miyako ‘187’s method. Miyako ‘187 teaches a method to form a dielectric layer SiN and teaches that the use of (Trimethylsilyl)dimethylamine can contribute to the hydrophobicity of the dielectric layer. The ordinary artisan would have been motivated to modify Lee ‘784 as modified by Miyako ‘187 in the manner set forth above, at least, because as Miyako ‘187 teaches in Para [0027 and 0028 of translation of Miyako ‘187], the use of (Trimethylsilyl)dimethylamine can contribute to the hydrophobicity of the dielectric layer which would help to resist moisture absorption (which one of ordinary skill in the art would recognize would degrade device performance) in the dielectric layer during subsequent wet etching processes. As incorporated, the teaching of using (Trimethylsilyl)dimethylamine of Miyako ‘187 would be used as the small molecule in the blocking layer (BL) of Lee ‘784 as modified by Miyako ‘187. With respect to Claim 3 Lee ‘784 as modified by Miyako ‘187 discloses all limitations of the method of claim 1, and Lee ‘784 as modified by Miyako ‘187 discloses wherein the small molecule treatment comprises N,N- Diethyltrimethylsilylamine (TMSDEA), Hexamethyldisilazane (HMDS), Trimethyl(phenylthio)silane, Trimethyl(methylthio)silane, (Ethylthio)trimethylsilane, Methoxytrimethylsilane, Ethoxytrimethylsilane, Isopropoxytrimethylsilane, Bromotrimethylsilane, Chlorotrimethylsilane, or Iodotrimethylsilane. As disclosed above Miyako ‘187 teaches wherein the small molecule treatment comprises Hexamethyldisilazane (HMDS) (Fig 1-3A and Para [0028] of translation of Miyako ‘187 discloses HMDS (hexamethyldisilazane) treatment of SiN substrate 220). With respect to Claim 4 Lee ‘784 as modified by Miyako ‘187 method of claim 1, but Lee ‘784 as modified by Miyako ‘187 fails to explicitly disclose wherein molecules from the gas comprising the leaving group and the remaining group have less than 50 atoms. However, the chemical formula of HMDS is (CH3)3SiNHSi(CH3)3 and it has 28 atoms. Therefore, the molecules from the gas (HMDS) of Lee ‘784 as modified by Miyako ‘187 comprising the leaving group and the remaining group have less than 50 atoms. With respect to Claim 5 Lee ‘784 as modified by Miyako ‘187 discloses all limitations of the method of claim 1, and Lee ‘784 further discloses wherein the sacrificial layer (106) and the source/drain region (136) comprise silicon-germanium (SiGe) (106 as SiGe disclosed in Para [0030] and 136 as SiGe disclosed in Para [0104]), and wherein the lower nanosheet (LNS) and the upper nanosheet (UNS) comprise silicon (Si) (LNS and UNS as silicon disclosed in Para [0030]). With respect to Claim 6 Lee ‘784 as modified by Miyako ‘187 discloses all limitations of the method of claim 1, and Lee ‘784 further discloses wherein the inner spacer (ISP) is formed over (132 over TS2 disclosed in Fig 2L-1) the blocking layer (BL). With respect to Claim 7 Lee ‘784 as modified by Miyako ‘187 discloses all limitations of the method of claim 6, and Lee ‘784 further discloses wherein the blocking layer (BL) comprises a U-shaped profile (U shaped profile disclosed in Fig 2L-1) in a cross-sectional view (Fig 2L-1) covering a top surface (top of 132), a bottom surface (bottom of ISP), and an inner sidewall (inner sidewall of ISP) of the inner spacer (ISP)(BL having a U shape and covering top surface, bottom surface and inner sidewall of inner spacer ISP (132) disclosed in Fig 2L-1). With respect to Claim 16 Lee ‘784 discloses a method of processing a substrate (Fig 1-2R-4), the method comprising: forming a recess (126 Fig 2H-1, Para [0093]) through a layer stack of alternating layers (106/108, Fig 2H-1, Para [0034]) of silicon (Si) layers (108, Fig 2H-1, Para [0030] disclose 108 as silicon) and silicon-germanium (SiGe) layers (106, Fig 2H-1, Para [0030] disclose 106 as SiGe), the recess (126) exposing sidewalls (sidewalls of 108) of the Si layers (108) and sidewalls (sidewalls of 106) of the SiGe layers (106)(126 exposing sidewalls of 106 and 108 disclosed in Fig 2H-1); forming indents (128, Fig 2I-1, Para [0077]) between the Si layers (108) by etching (disclosed in Para [0077]) a portion of the SiGe layers (106) selectively to the Si layers (106)(portion of 106 etched selectively to 108 disclosed in Fig 2I-1 and Para [0077]); performing a small molecule treatment (TS2, Fig 2J-1, Para [0083], hereinafter BL) on exposed surfaces of the indents (exposed surfaces of 128 as shown in Fig 2J-1 and Para [0083]), forming respective inner spacers (132, Fig 2L-1, Para [0095], hereinafter ISP) in the indents (exposed surfaces of 128), the blocking layer (BL) covering respective top surfaces (top of ISP), respective bottom surfaces (bottom of ISP), and respective inner sidewalls (inner sidewall of ISP) of the respective inner spacers (ISP)(BL having a U shape and covering top surface, bottom surface and inner sidewall of inner spacer ISP (132) disclosed in Fig 2L-1); epitaxially growing (disclosed in Para [0099]) a source/drain region (136, Fig 2M-1, Para [0099]) in the recess (126), the source/drain region (136) being adjacent (136 adjacent to sidewalls of 108 and ISP disclosed in Fig 2M-1) the exposed sidewalls (sidewalls of 108) of the Si layers (108) and the inner spacers (ISP); and removing the SiGe layers (106) with a channel release process (disclosed in Para [0112-0113]). But Lee ‘784 fails to explicitly disclose the small molecule treatment forming a blocking layer; However, in a related endeavor (Fig 1-3A of Miyako ‘187), Miyako ‘187 teaches the small molecule treatment forming a blocking layer (Fig 1-3A and Para [0028] of translation of Miyako ‘187 discloses HMDS (hexamethyldisilazane) treatment of SiN substrate 220). Therefore, it would have been obvious to one with ordinary skill in the art, before the effective filing date of the claimed invention, to incorporate Miyako ‘187’s teaching of the small molecule treatment forming a blocking layer Hexamethyldisilazane (HMDS) into Lee ‘784’s method. Lee ‘784 teaches a method wherein a passivation layer is deposited under the dielectric spacer to improve the performance of the method (Para [0086] of Lee ‘784). Miyako ‘187 teaches a method to form a dielectric layer SiN and teaches that a layer of Hexamethyldisilazane (HMDS) on the SiN can contribute to the hydrophobicity of the dielectric layer. The ordinary artisan would have been motivated to modify Lee ‘784 in the manner set forth above, at least, HMDS is a well-known material to achieve the well-known advantage of protecting a dielectric layer and also as Miyako ‘187 teaches in Para [0027 and 0028 of translation of Miyako ‘187], the use of Hexamethyldisilazane (HMDS) can contribute to the hydrophobicity of the dielectric layer which would help to resist moisture absorption (which one of ordinary skill in the art would recognize would degrade device performance) in the dielectric layer during subsequent wet etching processes. As incorporated, the teaching of using Hexamethyldisilazane (HMDS) of Miyako ‘187 would be used as the small molecule treatment (TS2) of Lee ‘784 forming a blocking layer (BL) of Lee ‘784 as modified by Miyako ‘187. Lee ‘784 as modified by Miyako ‘187 fails to explicitly disclose with a gas comprising molecules having less than 50 atoms. However, the chemical formula of HMDS is (CH3)3SiNHSi(CH3)3 and it has 28 atoms. Therefore, the gas HMDS of the small molecule treatment of Lee ‘784 as modified by Miyako ‘187 has less than 50 atoms. With respect to Claim 17 Lee ‘784 as modified by Miyako ‘187 discloses all limitations of the method of claim 16, Miyako ‘187 further teaches (Fig 1-3A of Miyako ‘187) wherein the small molecule treatment comprises N-(Trimethylsilyl)dimethylamine (Fig 1-3A and Para [0028] of translation of Miyako ‘187 discloses (Trimethylsilyl)dimethylamine treatment of SiN substrate 220) with -OH groups (Para [0027-0028] of translation of Miyako ‘187 discloses (Trimethylsilyl)dimethylamine reacts with OH groups of SiN substrate) Therefore, it would have been obvious to one with ordinary skill in the art, before the effective filing date of the claimed invention, to incorporate Miyako ‘187’s further teaching of wherein the small molecule treatment comprises N- (Trimethylsilyl)dimethylamine into Lee ‘784 as modified by Miyako ‘187’s method. Miyako ‘187 teaches a method to form a dielectric layer SiN and teaches that the use of (Trimethylsilyl)dimethylamine can contribute to the hydrophobicity of the dielectric layer. The ordinary artisan would have been motivated to modify Lee ‘784 as modified by Miyako ‘187 in the manner set forth above, at least, because as Miyako ‘187 teaches in Para [0027 and 0028 of translation of Miyako ‘187], the use of (Trimethylsilyl)dimethylamine can contribute to the hydrophobicity of the dielectric layer which would help to resist moisture absorption (which one of ordinary skill in the art would recognize would degrade device performance) in the dielectric layer during subsequent wet etching processes. As incorporated, the teaching of using (Trimethylsilyl)dimethylamine of Miyako ‘187 would be used as the small molecule in the blocking layer (BL) of Lee ‘784 as modified by Miyako ‘187. And Miyako ‘187 further teaches (Fig 1-3A of Miyako ‘187), wherein the small molecule treatment comprises N- (Trimethylsilyl)dimethylamine (Fig 1-3A and Para [0028] of translation of Miyako ‘187 discloses (Trimethylsilyl)dimethylamine treatment of SiN substrate 220). Therefore, it would have been obvious to one with ordinary skill in the art, before the effective filing date of the claimed invention, to incorporate Miyako ‘187’s further teaching of wherein the small molecule treatment comprises N- (Trimethylsilyl)dimethylamine into Lee ‘784 as modified by Miyako ‘187’s method. Miyako ‘187 teaches a method to form a dielectric layer SiN and teaches that the use of (Trimethylsilyl)dimethylamine can contribute to the hydrophobicity of the dielectric layer. The ordinary artisan would have been motivated to modify Lee ‘784 as modified by Miyako ‘187 in the manner set forth above, at least, because as Miyako ‘187 teaches in Para [0027 and 0028 of translation of Miyako ‘187], the use of (Trimethylsilyl)dimethylamine can contribute to the hydrophobicity of the dielectric layer which would help to resist moisture absorption (which one of ordinary skill in the art would recognize would degrade device performance) in the dielectric layer during subsequent wet etching processes. As incorporated, the teaching of using (Trimethylsilyl)dimethylamine of Miyako ‘187 would be used as the small molecule treatment (TS2) of Lee ‘784 as modified by Miyako ‘187 of the exposed surfaces of the indents (exposed surfaces of 128 as shown in Fig 2J-1 and Para [0083]) of Lee ‘784 as modified by Miyako ‘187. Further, one of ordinary skill in the art would recognize that as Miyako ‘187 discloses the small molecule treatment reacts with the OH groups of the substrate, the small molecule treatment comprises a self-limiting reaction (limited by the OH groups). With respect to Claim 18 Lee ‘784 as modified by Miyako ‘187 discloses all limitations of the method of claim 16, and Lee ‘784 further discloses wherein the blocking layer (BL) comprises a U-shaped profile (U shaped profile disclosed in Fig 2L-1) in a cross-sectional view (Fig 2L-1). With respect to Claim 19 Lee ‘784 as modified by Miyako ‘187 discloses all limitations of the method of claim 16, and Lee ‘784 further discloses wherein the source/drain region (136) comprises boron-doped SiGe (Para [0104] discloses 136 as boron doped SiGe). With respect to Claim 20 Lee ‘784 as modified by Miyako ‘187 discloses all limitations of the method of claim 16, and Lee ‘784 further discloses wherein the inner spacers (ISP) comprise silicon nitride, silicon carbonitride (SiCN), silicon oxycarbonitride (SiOCN), or silicon boron carbonitride (SiBCN) (Para [0090] discloses 130 (which is unetched inner spacer 132 (reference Para [0095]) as silicon nitride). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to PAUL A. BERRY whose telephone number is (703)756-5637. The examiner can normally be reached M-F 8-5 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, Julio Maldonado can be reached at 571-272-1864. 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. /PAUL A BERRY/Examiner, Art Unit 2898 /JULIO J MALDONADO/Supervisory Patent Examiner, Art Unit 2898
Read full office action

Prosecution Timeline

Mar 28, 2024
Application Filed
Sep 01, 2026
Non-Final Rejection mailed — §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
90%
Grant Probability
89%
With Interview (-1.3%)
3y 4m (~10m remaining)
Median Time to Grant
Low
PTA Risk
Based on 51 resolved cases by this examiner. Grant probability derived from career allowance rate.

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