Prosecution Insights
Last updated: April 19, 2026
Application No. 18/660,364

Temperature Cycling Method for Atomic Layer Deposition on High-Aspect-Ratio and High-Surface-Area Substrates

Final Rejection §102§103§112
Filed
May 10, 2024
Examiner
LAW, NGA LEUNG V
Art Unit
1717
Tech Center
1700 — Chemical & Materials Engineering
Assignee
The United States Government (Department of the Navy)
OA Round
2 (Final)
56%
Grant Probability
Moderate
3-4
OA Rounds
3y 4m
To Grant
76%
With Interview

Examiner Intelligence

Grants 56% of resolved cases
56%
Career Allow Rate
299 granted / 533 resolved
-8.9% vs TC avg
Strong +20% interview lift
Without
With
+20.1%
Interview Lift
resolved cases with interview
Typical timeline
3y 4m
Avg Prosecution
55 currently pending
Career history
588
Total Applications
across all art units

Statute-Specific Performance

§101
0.7%
-39.3% vs TC avg
§103
51.9%
+11.9% vs TC avg
§102
13.8%
-26.2% vs TC avg
§112
28.3%
-11.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 533 resolved cases

Office Action

§102 §103 §112
DETAILED ACTION The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . The Applicant's amendment filed on December 9, 2025 was received. Claims 1, 4, 8 and 10 were amended. Claim 5 was canceled. Claims 12-18 were added. The text of those sections of Title 35. U.S.C. code not included in this action can be found in the prior Office Action Issued September 25, 2025. Claim Objections The claim objection on claim 10 is withdrawn, because the claim has been amended. Claim Rejections - 35 USC § 112 The claim rejections under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, on claims 4-5 and 8 are withdrawn, because the claim has been amended. Claim Rejections - 35 USC § 102 The claim rejections under 35 U.S.C. 102(a)(1) as being anticipated by Choi (US20090258470) on claims 1- 4 and 8-9 are withdrawn, because the claims have been amended. 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- 4, 8-9 and 13-15 are rejected under 35 U.S.C. 103 as being unpatentable over Choi (US20090258470) in view of Chen (CN116666501A). Regarding claim 1, Choi teaches a method of making a semiconductor device by forming a metal oxide coating with atomic layer deposition (paragraphs 0002, 0011 and 0082, abstract). Choi teaches the method oxide is formed by loading a substrate into a reaction chamber (paragraph 0011), forming an absorption layer (a predetermined dose is applied for a first predetermined duration tD1) by providing a first reaction gas onto the substrate at a first temperature (TD1) (paragraph 0011 and 0084) (step b). Choi teaches a remaining first reaction gas and possibly reaction byproduct are purged from the substrate at a temperature Tp2 (paragraphs 0011, 0083-0085, 0106, see figure 6) (step c). Choi teaches the metal oxide (a predetermined dose is applied for a third predetermined duration tD2) is formed on the substrate by providing a second reaction gas to react with absorption layer at a second temperature (TD2) (paragraphs 0011 and 0086) (step d). Choi teaches the remaining second reaction gas and possible byproduct is purged at from the substrate at temperature (Tp2) (see figure 6, paragraphs 0083-0087) (step e). Choi teaches to repeat the steps (b)- (e ) to form the metal oxide layer with desired thickness (paragraph 0074). Choi teaches substrate has long trenches defined by structures see 195 and the metal oxide layer is formed on all available interior and exterior surfaces of the substrate (paragraphs 0146 and 148, see figure 22 metal oxide film 196), thus, Choi teaches all the precursors (first and second) react with all available interior and exterior surfaces of the substrate. Since Choi teaches the metal oxide layer 196 is formed in the inner surface of the trenches defined by structure 195, Choi teaches all the precursors (first and second) are diffused into the substrate. Choi teaches TD1 is different from Tp1, TD2 is different from Tp1, (paragraphs 0083-0087, see figures 5 and 6). Choi does not explicitly teach Tp2 is higher than TD2. However, Chen teaches a method of improving uniformity of alumina passivation film deposition on a substate by ALD (paragraphs 0001 and 0012). Chen teaches the temperature of the second purge gas (Tp2) is higher than the temperature of the substrate after the second dosing step, which was the temperature of the TD2 (paragraphs 0024). Chen also teaches the temperature of the first purge gas (TD1) is different from the temperature of the substrate after the first dosing step (Tp1) (paragraph 0021). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use higher second purge gas temperature (Tp2 is higher than TD2) as suggested by Chen in the method of Choi because Chen teaches such higher temperature ensure that unreacted water (second precursor) and by products formed after the reaction are thoroughly purged, while preventing the mutual condensation between the topmost hydroxy structures (paragraph 0029). Regarding claim 2, Choi teaches there is a third precursor (paragraphs 0014 and 0088) (more than two precursors), wherein the third precursor is supplied onto the metal oxide layer (dose step D and predetermined duration tDi) to react with the metal oxide layer at a temperate (predetermined substate temperature TDi) and purged at a temperature Tpi for duration tpi (paragraph 0088-0089, see figures 6-7). Regarding claim 3, Choi teaches plasma is applied to deposited layer (substrate) during the supply of the third reaction gas in the dosing step Di (figure 6, paragraphs 0014, 0088-0089), wherein the deposited layer is being treated by plasma in a shorter duration than the duration of supplying the third reaction gas (see figure 6) (t’Di smallter than tDi), and it is known that plasma generally generate heat, thus, it is reasonably expected that the deposited layer (surface of the substrate) is being heated when the plasma is being generated (T’Di more than TDi). Regarding clam 4, Choi does not explicitly teach the aspect ratio of the substrate. However, it is well settled that changes of size/proportion were a matter of choice which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the size/proportion is significant (MPEP 2144.04 IV. A.). Thus, it would be obvious to one of ordinary skill in the art to change the size/proportion (aspect ratio) of the substrate in the light of teaching of Choi in view of Chen. It is noted that applicant has not established the criticality of the claimed range. Regarding claim 8, Choi teaches the substate comprises a solid with trenches (paragraphs 0146 and 148, see figure 22 metal oxide film 196 and structure 195). Regarding claim 9, Choi teaches the coating comprises an oxide or nitride (paragraphs 0011, 0014). Regarding claim 13, Choi teaches the TD1 is lower than the TP1 for at least a period of time (see figure 5). Regarding claim 14, Choi teaches the TD2 is lower than the TP1 for at least a period of time (see figure 5). Regarding claim 15, Choi teaches a method of making a semiconductor device by forming a metal oxide coating with atomic layer deposition (paragraphs 0002, 0011 and 0082, abstract). Choi teaches the method oxide is formed by loading a substrate into a reaction chamber (paragraph 0011), forming an absorption layer (a predetermined dose is applied for a first predetermined duration tD1) by providing a first reaction gas onto the substrate at a first temperature (TD1) (paragraph 0011 and 0084) (step b). Choi teaches a remaining first reaction gas and possibly reaction byproduct are purged from the substrate at a temperature Tp2 (paragraphs 0011, 0083-0085, 0106, see figure 6) (step c). Choi teaches the metal oxide (a predetermined dose is applied for a third predetermined duration tD2) is formed on the substrate by providing a second reaction gas to react with absorption layer at a second temperature (TD2) (paragraphs 0011 and 0086) (step d). Choi teaches the remaining second reaction gas and possible byproduct is purged at from the substrate at temperature (Tp2) (see figure 6, paragraphs 0083-0087) (step e). Choi teaches to repeat the steps (b)- (e ) to form the metal oxide layer with desired thickness (paragraph 0074). Choi teaches substrate has long trenches defined by structures see 195 and the metal oxide layer is formed on all available interior and exterior surfaces of the substrate (paragraphs 0146 and 148, see figure 22 metal oxide film 196), thus, Choi teaches all the precursors (first and second) react with all available interior and exterior surfaces of the substrate. Since Choi teaches the metal oxide layer 196 is formed in the inner surface of the trenches defined by structure 195, Choi teaches all the precursors (first and second) are diffused into the substrate. Choi teaches TD1 is the same as Tp1 and TD2 is the same as Tp1, (paragraphs 0069-0071 and 0083-0087, see figure 4). Choi does not explicitly teach Tp2 is higher than TD2. However, Chen teaches a method of improving uniformity of alumina passivation film deposition on a substate by ALD (paragraphs 0001 and 0012). Chen teaches the temperature of the second purge gas (Tp2) is higher than (different from) the temperature of the substrate after the second dosing step, which was the temperature of the TD2 (paragraphs 0024). Chen also teaches the temperature of the first purge gas (TD1) can be the same as the temperature of the substrate after the first dosing step (Tp1) (paragraph 0021). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use higher second purge gas temperature (Tp2 is higher than TD2) as suggested by Chen in the method of Choi because Chen teaches such higher temperature ensure that unreacted water (second precursor) and by products formed after the reaction are thoroughly purged, while preventing the mutual condensation between the topmost hydroxy structures (paragraph 0029). Claims 7 and 10-12 are rejected under 35 U.S.C. 103 as being unpatentable over Choi (US20090258470) in view of Chen (CN116666501A) as applied to claims 1- 4, 8-9 and 13-15 above, and further in view of Libera (Conformal ZnO coatings on high surface area silica gel using atomic layer deposition). Regarding claim 7, Choi in view of Chen teaches all the limitations, except the substate comprises aerogels. Libera teaches a method of forming conformal coating of ZnO on high surface area silica gel via ALD (metal oxide substrate layer (abstract) and discloses the substrate is silica gel (aerogels) (page 6159 left column). It would be obvious to one of ordinary skill in the art to form the ALD ZnO coating on the aerogels as suggested by Libera in the method of Choi in view of Chen because Choi teaches the ALD method improves conformality of the metal oxide layer formed on high aspect ratio substrate and other metal oxide layer can be formed by Choi’s ALD method (paragraphs 0004, 0028 and 0082), it is desired by Libera to form the conformal ALD film (page 6158), and Libera teaches high surface area support is known for being used to prepare heterogeneous catalyst by ALD (page 6158) and ZnO thin film on silica gel are useful for methanol synthesis and the water-gas shift reaction (page 6158). Regarding claim 10, Choi in view of Chen teaches all the limitations, except the coating is ZnO and the ALD precursor comprises H2O and the second ALD precursor comprises DEZ. However, Libera teaches a method of forming conformal coating of ZnO on high surface area silica gel via ALD (metal oxide substrate layer (abstract) and ZnO is formed by ALD using first precursor H2O, and second precursor diethyl zine (DEZ) (page 6560 left column). It would be obvious to one of ordinary skill in the art to form the ALD ZnO coating as suggested by Libera in the method of Choi in view of Chen because Choi teaches the ALD method improves conformality of the metal oxide layer formed on high aspect ratio substrate and other metal oxide can be formed by Choi’s ALD method (paragraphs 0004, 0028 and 0082), it is desired by Libera to form the conformal ALD film (page 6158), and Libera teaches ZnO thin film on silica gel are useful for methanol synthesis and the water-gas shift reaction (page 6158). Regarding claim 11, Choi in view of Chen teaches the substrate temperature is varied (paragraph 0011) and Libera teaches the substrate temperature is 150 to 200 ºC for forming the ZnO layer (page 6160), which overlaps with the claimed range. In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exist. In re Wertheim, 541 F.2d 257, 191USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990); In re Geisler,116 F.3d 1465, 1469-71, 43 USPQ2d 1362, 1365-66 (Fed. Cir. 1997). See MPEP 2144.05. It is noted that applicant has not established the criticality of the claimed range. Regarding claim 12, Choi in view of Chen teaches all the limitations, except the substate comprises powder. Libera teaches a method of forming conformal coating of ZnO on high surface area silica gel via ALD (metal oxide substrate layer (abstract) and discloses the substrate comprises silica gel powder (page 6159 left column). It would be obvious to one of ordinary skill in the art to form the ALD ZnO coating on the substrate comprising powder as suggested by Libera in the method of Choi because Choi teaches the ALD method improves conformality of the metal oxide layer formed on high aspect ratio substrate and other metal oxide layer can be formed by Choi’s ALD method (paragraphs 0004, 0028 and 0082), it is desired by Libera to form the conformal ALD film (page 6158), and Libera teaches high surface area support is known for being used to prepare heterogeneous catalyst by ALD (page 6158) and ZnO thin film on silica gel powder are useful for methanol synthesis and the water-gas shift reaction (page 6158). Claim 6 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Choi (US20090258470) in view of Chen (CN116666501A) as applied to claims 1- 4, 8-9 and 13-15 above, and further in view of Libera (Conformal ZnO coatings on high surface area silica gel using atomic layer deposition) and Balzano (WO2004096725). Regarding claim 6, Choi in view of Chen teaches all the limitations except the nanoparticle compact. Libera teaches a method of forming conformal coating of ZnO on high surface area silica gel via ALD (metal oxide substrate layer (abstract) and discloses the substrate is silica gel (page 6159 left column). Libera teaches nanopowders and silica gel are functionally equivalent substrate (catalyst support) for ALD to deposit the ZnO (page 6158). Therefore, it would have been obvious to one of ordinary skill in the art to substitute nanoparticle for silica gel as catalyst support in the method disclosed by Choi in view of Libera. It would be obvious to one of ordinary skill in the art to form the ALD ZnO coating on the high surface area as suggested by Libera in the method of Choi because Choi teaches the ALD method improves conformality of the metal oxide layer formed on high aspect ratio substrate and other metal oxide can be formed by Choi’s ALD method (paragraphs 0004, 0028 and 0082), it is desired by Libera to form the conformal ALD film (page 6158), and Libera teaches high surface area support is known for being used to prepare heterogeneous catalyst by ALD (page 6158) and ZnO thin film on silica gel are useful for methanol synthesis and the water-gas shift reaction (page 6158). Nevertheless, Balzano teaches a method of forming single walled carbon nanotube ceramic composite (abstract) and discloses fumed silica nanoparticles (nanoparticles compact) and silica gel are functionally equivalent catalyst support (paragraph 0039). Therefore, it would have been obvious to one of ordinary skill in the art to substitute nanoparticle compact for silica gel as catalyst support in the method disclosed by Choi in view of Libera. Regarding claim 18, Choi in view of Chen teaches all the limitations, except the coating is ZnO and the substrate is an aluminum oxide nanoparticle compact. However, Libera teaches a method of forming conformal coating of ZnO on high surface area silica gel via ALD (metal oxide substrate layer (abstract) (page 6560 left column). It would be obvious to one of ordinary skill in the art to form the ALD ZnO coating as suggested by Libera in the method of Choi in view of Chen because Choi teaches the ALD method improves conformality of the metal oxide layer formed on high aspect ratio substrate and other metal oxide can be formed by Choi’s ALD method (paragraphs 0004, 0028 and 0082), it is desired by Libera to form the conformal ALD film (page 6158), and Libera teaches ZnO thin film on silica gel are useful for methanol synthesis and the water-gas shift reaction (page 6158). Libera further teaches nanopowders and silica gel are functionally equivalent substrate (catalyst support) for ALD to deposit the ZnO (page 6158). Therefore, it would have been obvious to one of ordinary skill in the art to substitute nanoparticle for silica gel as catalyst support in the method disclosed by Choi in view of Libera. It would be obvious to one of ordinary skill in the art to form the ALD ZnO coating on the high surface area as suggested by Libera in the method of Choi because Choi teaches the ALD method improves conformality of the metal oxide layer formed on high aspect ratio substrate and other metal oxide can be formed by Choi’s ALD method (paragraphs 0004, 0028 and 0082), it is desired by Libera to form the conformal ALD film (page 6158), and Libera teaches high surface area support is known for being used to prepare heterogeneous catalyst by ALD (page 6158) and ZnO thin film on silica gel are useful for methanol synthesis and the water-gas shift reaction (page 6158). Nevertheless, Balzano teaches a method of forming single walled carbon nanotube ceramic composite (abstract) and discloses fumed silica nanoparticles (nanoparticles compact) and silica gel are functionally equivalent catalyst support, wherein silica include alumina (paragraph 0039). Therefore, it would have been obvious to one of ordinary skill in the art to substitute nanoparticle compact for silica gel as catalyst support in the method disclosed by Choi in view of Libera. Claims 16-17 are rejected under 35 U.S.C. 103 as being unpatentable over Choi (US20090258470) in view of Chen (CN116666501A) as applied to claims 1- 4, 8-9 and 13-15 above, and further in view of Zhao (US20240203706). Regarding claim 16, Choi in view of Chen teaches all limitations of this claim, except the TD1 temperature. However, Zhao teaches a method of ALD metal oxide on a substrate, including ZrO (paragraphs 0014, 0038-0039). Zhao teaches the temperature of the substrate is controlled between 25 to 450ºC (abstract, paragraph 0023), which is overlaps with the claimed range. In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exist. In re Wertheim, 541 F.2d 257, 191USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990); In re Geisler,116 F.3d 1465, 1469-71, 43 USPQ2d 1362, 1365-66 (Fed. Cir. 1997). See MPEP 2144.05. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use such temperature range for depositing the metal oxide as suggested by Zhao in the method of Choi in view of Chen because Zhao teaches such temperature range does not exceeds the thermal budge or causing dopant redistribution and other deice degradation but have acceptable deposition rate (paragraphs 0015-0016). Regarding claim 17, Choi in view of Chen teaches all limitations of this claim, except the TP2 temperature. However, Zhao teaches a method of ALD metal oxide on a substrate, including ZrO (paragraphs 0014, 0038-0039). Zhao teaches the temperature of the substrate is controlled between 25 to 450ºC (abstract, paragraph 0023), which is overlaps with the claimed range. In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exist. In re Wertheim, 541 F.2d 257, 191USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990); In re Geisler,116 F.3d 1465, 1469-71, 43 USPQ2d 1362, 1365-66 (Fed. Cir. 1997). See MPEP 2144.05. Chen teaches the T+ temperature is 10-25 degree higher than the dosing temperature, thus the combination of Chen and Zhao still teaches the overlapping claimed rang of TP2. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use such temperature range for depositing the metal oxide (and TP2) as suggested by Zhao in the method of Choi in view of Chen because Zhao teaches such temperature range does not exceeds the thermal budge or causing dopant redistribution and other deice degradation but have acceptable deposition rate (paragraphs 0015-0016). Response to Arguments Applicant’s arguments with respect to claims 1-4 and 6-11 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Delabie (US20060286810, paragraphs 0011-0016 and 0094-0096). 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 nonprovisional extension fee (37 CFR 1.17(a)) 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 mailing date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to NGA LEUNG V LAW whose telephone number is (571)270-1115. The examiner can normally be reached M-F 8 am - 5 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, Dah-Wei Yuan can be reached at 5712721295. 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. /N.V.L/Examiner, Art Unit 1717 /Dah-Wei D. Yuan/Supervisory Patent Examiner, Art Unit 1717
Read full office action

Prosecution Timeline

May 10, 2024
Application Filed
Sep 23, 2025
Non-Final Rejection — §102, §103, §112
Dec 09, 2025
Response Filed
Mar 25, 2026
Final Rejection — §102, §103, §112
Apr 09, 2026
Interview Requested

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Prosecution Projections

3-4
Expected OA Rounds
56%
Grant Probability
76%
With Interview (+20.1%)
3y 4m
Median Time to Grant
Moderate
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