Prosecution Insights
Last updated: July 17, 2026
Application No. 18/653,280

METHOD FOR PROCESSING WORKPIECE, PLASMA PROCESSING APPARATUS AND SEMICONDUCTOR DEVICE

Non-Final OA §102§112
Filed
May 02, 2024
Priority
Jun 30, 2021 — CN 202110734424.0 +1 more
Examiner
CHEN, KEATH T
Art Unit
Tech Center
Assignee
Mattson Technology Inc.
OA Round
1 (Non-Final)
30%
Grant Probability
At Risk
1-2
OA Rounds
1y 6m
Est. Remaining
55%
With Interview

Examiner Intelligence

Grants only 30% of cases
30%
Career Allowance Rate
348 granted / 1149 resolved
-29.7% vs TC avg
Strong +25% interview lift
Without
With
+24.6%
Interview Lift
resolved cases with interview
Typical timeline
3y 8m
Avg Prosecution
66 currently pending
Career history
1219
Total Applications
across all art units

Statute-Specific Performance

§101
0.2%
-39.8% vs TC avg
§103
94.3%
+54.3% vs TC avg
§102
1.8%
-38.2% vs TC avg
§112
1.1%
-38.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1149 resolved cases

Office Action

§102 §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 . Claim Interpretations The “a plasma chamber having an interior operable to receive a process gas; a processing chamber …” of claim 1, Applicants’ Specification and drawing does not show where is a plasma chamber, and Fig. 3 shows the inductive element and the introduced gas that generated plasma is in the same continuous space as the processing chamber. Therefore, this portion of the claim will be examined inclusive either no separation wall or with a separation wall (e.g. baffle plate with holes that separate the plasma chamber from the processing chamber). A chamber divided by a baffle plate is also considered read into claim 8 “same chamber”. The following list (in bold face) are considered an intended use of the apparatus: The “the workpiece comprises a spacer layer” of claim 1, The “a gas delivery system operable to flow a composition modulation gas, wherein the composition modulation gas modulates a volume ratio of carbon and fluorine to process the workpiece, wherein the composition modulation gas comprises one or more molecules having a chemical formula CxHyFz, where x and z are natural numbers greater than zero, and y is a natural number greater than or equal to zero, wherein the volume ratio of carbon and fluorine is indicative of a distribution of carbon-based polymer deposited on the spacer layer” of claim 1, The ”wherein a first portion of the polymer layer is formed on a first region of the spacer layer, and a second portion of the polymer layer is formed on a second region of the spacer layer, wherein the first region is higher than the second region, and a first thickness of the first portion is different from a second thickness of the second portion” of claim 2, The “wherein the admitted composition modulation gas produces a first volume ratio of carbon and fluorine that is greater than or equal to a preset ratio, such that the first thickness is greater than the second thickness; or the admitted composition modulation gas produces a second volume ratio of carbon and fluorine that is less than the first preset ratio, such that the first thickness is less than the second thickness” of claim 3, The “the spacer layer is an oxide spacer layer” of claim 4, The “the etching gas comprises Octafluorocyclobutane” of claim 5, The “wherein the composition modulation gas comprises one or more of Difluoromethane (CH2F2), Fluoroform (CHF3), and Carbon tetrafluoride (CF4)” of claim 6, The “the process gas further comprises an inert gas; or, the process gas further comprises an inert gas and oxygen” of claim 7, The “a pressure: about 5 mTorr-about 70 mTorr; a source power: about 100 watts-about 500 watts; a center power: about 50 watts-about 200 watts; and a bias power: about 100 watts-about 500 watts”, Whan an apparatus that is capable of delivering various type of gas claimed, or operated at the pressure and/or power level, it is considered read into the claimed limitation. In regarding to the controller configured to portion of the claim 1: “a controller configured to control the gas delivery system, the inductive element, and the bias source to implement an etching process, the etching process comprising operations, the operations comprising: admitting the composition modulation gas in the plasma chamber; admitting an etching gas in the plasma chamber; providing RF power to the inductive element to generate a first plasma from the process gas to generate a first mixture, the first mixture comprising one or more first species, wherein the process gas comprises the composition modulation gas and the etching gas; and providing RF power to the bias electrode to generate a second plasma in the first mixture in the processing chamber to generate a second mixture, the second mixture comprising one or more second species”, It is noted that there is no disclosure of sensor that detecting the process perform is etching, or sensor that detecting the type of the gases, or the various type of gas/plasma mixture, or a sensor that detect the plasma is of first type and the second type. The controller send signals to the gas delivery system and power supply, and set pressure range (note there is no pressure sensor also). 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. Claim 9 is 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. Claim 9 recites “a source power: about 100 watts-about 500 watts; a center power: about 50 watts-about 200 watts”, it is not clear what structure are these power are applied to (unlike bias power which refers to a bias source in claim 1). Note the range of the power is an intended use of the apparatus. This portion of the claim 9 will be examined inclusive a power delivery to any component of the apparatus. 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 1-9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Cook (US 20070190792, hereafter ‘792). ‘792 teaches all limitations of: Claim 1: the dry plasma etching system 1d can, for example, be similar to the embodiments of FIGS. 2 and 3, and can further comprise an inductive coil 80 to which RF power is coupled via RF generator 82 through impedance match network 84. RF power is inductively coupled from inductive coil 80 through dielectric window (not shown) to plasma processing region th sentence, includes the claimed “A plasma processing apparatus, comprising: a plasma chamber having an interior operable to receive a process gas”); Plasma processing chamber 10 can be, for example, configured to facilitate the generation of plasma in processing region 15 adjacent a surface of substrate 25 ([0029] 3rd sentence), Substrate 25 can be, for example, affixed to the substrate holder 20 via an electrostatic clamping system ([0030], includes the claimed “a processing chamber having a workpiece support operable to support a workpiece”, note Applicants’ processing chamber can be the same as plasma chamber, see claim 8), the insulating layer is subjected to an etching process, whereby the insulating layer is removed in all locations except along the sidewalls of the gate stack; see FIG. 1B. The remaining insulating material acts as a spacer in the fabrication of the semiconductor device ([0024], 4th sentence, includes the claimed “wherein the workpiece comprises a spacer layer”, ‘792 teaches this yet this is an intended use of the apparatus), substrate holder 20 can be electrically biased at a RF voltage via the transmission of RF power from a RF generator 40 through an impedance match network 50 to substrate holder 20 ([0031], 2nd sentence, includes the claimed “and a bias electrode is disposed in the workpiece support”); The etch chemistry comprises the use of fluorohydrocarbons, such as CH2F2 and CHF3 ([0025], 2nd sentence, includes the claimed “a gas delivery system operable to flow a composition modulation gas, wherein the composition modulation gas modulates a volume ratio of carbon and fluorine to process the workpiece, wherein the composition modulation gas comprises one or more molecules having a chemical formula CxHyFz, where x and z are natural numbers greater than zero, and y is a natural number greater than or equal to zero, wherein the volume ratio of carbon and fluorine is indicative of a distribution of carbon-based polymer deposited on the spacer layer”, while ‘792 fully teaches this limitation, yet the gas type is an intended use of the apparatus); further comprise an inductive coil 80 to which RF power is coupled via RF generator 82 through impedance match network 84. RF power is inductively coupled from inductive coil 80 through dielectric window (not shown) to plasma processing region substrate holder 20 can be electrically biased at a RF voltage via the transmission of RF power from a RF generator 40 through an impedance match network 50 to substrate holder 20 ([0031], 2nd sentence, includes the claimed “a bias source configured to provide DC power and RF power to the bias electrode”); controller 14 is coupled to RF generator 82 and impedance match network 84 in order to control the application of power to inductive coil 80 ([0046], 6th sentence), a controller 14 coupled to the diagnostic system 12 and the plasma processing chamber 10. The controller 14 is configured to execute a process recipe comprising trifluoromethane (CHF3), difluoromethane (CH2F2), and an inert gas to selectively and uniformly etch silicon oxide or silicon nitride relative to silicon ([0028]), controller 14 can be coupled to and can exchange information with RF generator 40 ([0034], 2nd sentence, includes the claimed “and a controller configured to control the gas delivery system, the inductive element, and the bias source to implement an etching process, the etching process comprising operations, the operations comprising: admitting the composition modulation gas in the plasma chamber; admitting an etching gas in the plasma chamber; providing RF power to the inductive element to generate a first plasma from the process gas to generate a first mixture, the first mixture comprising one or more first species, wherein the process gas comprises the composition modulation gas and the etching gas; and providing RF power to the bias electrode to generate a second plasma in the first mixture in the processing chamber to generate a second mixture, the second mixture comprising one or more second species”, note due to bias voltage and etching consumption, the plasma species in the upper chamber and the space right above the substrate 25 intrinsically differ). ‘792 further teaches the limitations of: Claim 2: polymer forming radicals are formed within the etching plasma (abstract, and Fig. 1A-1B shows the same structure as Applicants’ Figs. 1-3, includes the claimed “wherein a first portion of the polymer layer is formed on a first region of the spacer layer, and a second portion of the polymer layer is formed on a second region of the spacer layer, wherein the first region is higher than the second region, and a first thickness of the first portion is different from a second thickness of the second portion”). Claim 3: The etch chemistry comprises the use of fluorohydrocarbons, such as CH2F2 and CHF3 ([0025], 2nd sentence, the apparatus is capable of adjusting the ratio of these two gases, includes the claimed “wherein the admitted composition modulation gas produces a first volume ratio of carbon and fluorine that is greater than or equal to a preset ratio, such that the first thickness is greater than the second thickness; or the admitted composition modulation gas produces a second volume ratio of carbon and fluorine that is less than the first preset ratio, such that the first thickness is less than the second thickness”, note this is an intended use of the apparatus. Even if the claim is amended to the controller step, it is noted that the controller does not have sensor to check the resulting thickness comparison). Claim 4: The spacer dielectric layer can comprise silicon oxide (SiOx) ([0068], last sentence, includes the claimed “wherein the spacer layer is an oxide spacer layer”, while ‘792 fully teaches this limitation, yet this is an intended use of the apparatus). Claim 5: the apparatus is capable of using various type of gas, including the claimed “wherein the etching gas comprises Octafluorocyclobutane (C4F8)”. Claim 6: The etch chemistry comprises the use of fluorohydrocarbons, such as CH2F2 and CHF3 ([0025], 2nd sentence, includes the claimed “wherein the composition modulation gas comprises one or more of Difluoromethane (CH2F2), Fluoroform (CHF3), and Carbon tetrafluoride (CF4)”, while ‘792 fully teaches this limitation, yet this is an intended use of the apparatus). Claim 7: the etch chemistry comprises trifluoromethane (CHF3), difluoromethane (CH2F2), and an inert gas, such as a noble gas (e.g., argon, krypton, xenon, etc.). ([0027], includes the claimed “wherein the process gas further comprises an inert gas; or, the process gas further comprises an inert gas and oxygen”, while ‘792 fully teaches this limitation, yet this is an intended use of the apparatus). Claim 8: Plasma processing chamber 10 can be, for example, configured to facilitate the generation of plasma in processing region 15 adjacent a surface of substrate 25 ([0029] 3rd sentence, includes the claimed “wherein the plasma chamber and the processing chamber are the same chamber”). Claim 9: In Table 1, p represents the gas pressure in the process chamber (millitorr, mtorr), gap represents the spacing between an upper electrode (e.g., element 70 in FIG. 5) and a lower electrode (e.g., element 20 in FIG. 5) (millimeters, m), UEL P represents the radio frequency (RF) power coupled to the upper electrode (e.g., element 70 in FIG. 5) (W, watts), LEL P represents the RF power coupled to the lower electrode (e.g., element 20 in FIG. 5) (W, watts), CHF3 represents the gas flow rate of CHF3 (standard cubic centimeters per minute, sccm), Ar represents the gas flow rate of Ar (sccm), CH2F2 represents the gas flow rate of CH2F2 (sccm), and O2 represents the gas flow rate of O2 (sccm) ([0054], includes the claimed “wherein a processing parameter of the chamber comprises one or more of: a pressure: about 5 mTorr-about 70 mTorr; a source power: about 100 watts-about 500 watts; a center power: about 50 watts-about 200 watts; and a bias power: about 100 watts-about 500 watts”, while ‘792 teaches this multiple choices in various ways, yet this is an intended use of the apparatus). Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Applicants’ submitted IDS, US 8614151 is cited for etch gas composed of C4F8 (abstract), applicable to claim 5 if the claim be amended to requiring a C4F8 source. Any inquiry concerning this communication or earlier communications from the examiner should be directed to KEATH T CHEN whose telephone number is (571)270-1870. The examiner can normally be reached 8:30am-5:00 pm. 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, Parviz Hassanzadeh can be reached at 571-272-1435. 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. /KEATH T CHEN/ Primary Examiner, Art Unit 1716
Read full office action

Prosecution Timeline

May 02, 2024
Application Filed
Jun 03, 2026
Non-Final Rejection mailed — §102, §112 (current)

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Prosecution Projections

1-2
Expected OA Rounds
30%
Grant Probability
55%
With Interview (+24.6%)
3y 8m (~1y 6m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1149 resolved cases by this examiner. Grant probability derived from career allowance rate.

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