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 .
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 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.
Response to Amendments/Arguments
Amendments made to claims 1-5, 8-13 and 16-20, the cancelation of claims 6, 14 and 19, and the addition of claims 21-23, as filed on April 21, 2026, are acknowledged.
Applicant’s arguments with respect to amended claims have been considered but are moot because the arguments do not apply to new ground(s) of rejection in this Office Action necessitated by the amendments made to the claims.
Claim Rejections - 35 USC § 102
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 1-5 and 7-9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Shelton (US5653851).
Regarding claim 1, Shelton discloses a method for etching a barium containing high-k dielectric (barium strontium titanate (BST) reads on a barium containing high-k dielectric, claims 1 and 8), the method comprising: patterning the barium containing high-k dielectric (Fig. 2; claims 2 and 8), the patterning comprising: exposing the barium containing high-k dielectric to a carbon based ligand gas, the carbon based ligand gas reacting directly with the barium containing high-k dielectric to form a volatile barium containing product, and removing the volatile barium containing product (hfacH reads on a carbon-based ligand gas, equation (3) in column 3; M in the equation represents metals in BST (Ba, Sr and Ti), as evidenced by a Google Search on reaction barium strontium titanate with hfacH in plasma etching, see NPL-Google-Search-20260506 included in this Office Action).
Regarding claim 2, Shelton discloses wherein removing the volatile barium containing product comprises exposing the barium containing high-k dielectric to an ion bombardment process (claims 2 and 8, exposing the barium containing high-k dielectric to a plasma comprises exposing the barium containing high-k dielectric to an ion bombardment process).
Regarding claim 3, Shelton discloses wherein removing the volatile barium containing product comprises exposing the barium containing high-k dielectric to a plasma process (claims 2 and 8).
Regarding claim 4, Shelton discloses wherein removing the volatile barium containing product comprises annealing the barium containing high-k dielectric (lines 22-26, column 5).
Regarding claim 5, Shelton discloses wherein the barium containing high-k dielectric comprises titanium, wherein the patterning comprises exposing the barium containing high-k dielectric to a halogen containing gas (BST comprises titanium, hfacH reads on a halogen containing gas, equation (3) in column 3).
Regarding claim 7, Shelton discloses wherein the carbon based ligand gas comprises hexafluoro acetylacetonate (claim 9).
Regarding claim 8, Shelton discloses wherein the carbon based ligand gas comprises a b-diketon (lines 55-58, column 3).
Regarding claim 9, Shelton discloses exposing the barium containing high-k dielectric to a halogen based gas while exposing the barium containing high-k dielectric to the carbon based ligand gas, the barium containing high- k dielectric comprising titanium and oxygen, the halogen based gas reacting with the barium containing high-k dielectric to form a titanium containing product (hfacH reads on a halogen based gas, BST comprises titanium, equation (3) in column 3; M in the equation represents metals in BST (Ba, Sr and Ti), as evidenced by a Google Search on reaction barium strontium titanate with hfacH in plasma etching, see NPL-Google-Search-20260506).
Allowable Subject Matter
Claims 10-13, 15-18 and 20-23 are allowed.
The following is an examiner’s statement of reasons for allowance:
Regarding claim 10, the cited prior art of record, taken either alone or in combination, fails to disclose or render obvious a method comprising: performing a cyclic etching process to subtractively etch the barium containing high-k dielectric, each cycle of the cyclic etching process comprising: exposing the barium containing high-k dielectric to a carbon based ligand gas, the carbon based ligand gas reacting directly with the barium containing high-k dielectric to form a volatile barium containing product; and removing the volatile barium containing product, in in the context of the instant claim. The closest cited prior art of Shelton discloses performing the exposing and the removing in a single step (equation (3) in column 3).
Regarding claims 11-13 and 15-16, they are dependent on claim 10.
Regarding claim 17, the cited prior art of record, taken either alone or in combination, fails to disclose or render obvious a method comprising: performing a cyclic process, each cycle of the cyclic process comprising: exposing the bi-metal oxide high-k dielectric to a ligand gas, the ligand gas reacting directly with the bi-metal oxide high-k dielectric to form a first volatile product comprising a ligand from the ligand gas and the alkaline earth metal; and exposing the bi-metal oxide high-k dielectric to a reactive gas, the reactive gas reacting directly with the bi-metal oxide high-k dielectric to form a second volatile product comprising atoms from the reactive gas and the transition metal; and volatilizing the first volatile product and the second volatile product to etch a portion of the bi-metal oxide high-k dielectric, in in the context of the instant claim. The closest cited prior art of Shelton discloses performing the exposing and the volatilizing in a single step (equation (3) in column 3).
Regarding claims 18 and 20-23, they are dependent on claim 17.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office Action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JIONG-PING LU whose telephone number is (571) 270-1135. The examiner can normally be reached on M-F: 9:00am – 5:00pm. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joshua L Allen, can be reached at telephone number (571)270-3176. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JIONG-PING LU/
Primary Examiner, Art Unit 1713
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