DETAILED ACTION
Claims 1-4, 6-15 and 17-19 are pending before the Office for review.
In the response filed May 26, 2026:
Claim 1 was amended.
Claims 5, 16 and 20 were canceled.
No new matter is present.
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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claims 10-12 are rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claims 10-12 recite the limitation of “… wherein a temperature condition of the etching step is -50°C or more and 40°C or less.” However claims 1 has been amended to provide the limitation of “… a temperature condition of the etching step is -50°C or more and 20°C or less.” Therefore claims 10-12 do not further limit the subject matter of independent claim 1. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-4, 6-15 and 17-19 are rejected under 35 U.S.C. 103 as being unpatentable over NISHIYAMA et al (U.S. Patent Application Publication 2020/0203127) in view of DEGAI et al (U.S. Patent Application Publication 2021/0159088) as evidenced by TAKASHI et al (U.S. Patent Application Publication 2021/0108311).
With regards to claim 1, Nishiyama discloses an etching method comprising: an etching step of bringing an etching gas containing nitrosyl fluoride into contact with a member to be etched having an etching object subject to etching by the etching gas and a non- etching object not subject to etching by the etching gas, and selectively etching the etching object as compared with the non-etching object without using plasma, wherein the etching object contains at least one of silicon (Paragraphs [0195]-[0199], [0205], [0253]-[0260], [0262] discloses an method of etching a substrate comprising a silicon layer and other semiconductor material; wherein the etch rate of one material may be selected to selectively etch another material; wherein the method includes a thermal etching process rather than a plasma etching process; wherein the processing gas includes a FNO gas mixture) .
Nishiyama does not explicitly the non-etching object contains at least one of germanium and silicon germanium represented by a chemical formula Si1-yGey, and in both the chemical formulae, x is 0 or more and less than 1, y is more than 0 and 1 or less, and x is smaller than y and a temperature condition of the etching step is -50°C or more and 20°C or less.
Nishiyama discloses wherein the temperature of the reaction chamber can be held at conditions in the range of approximately room temperature to approximately 1000°C (Paragraph [0270]) which overlaps Applicant’s claimed range of a temperature condition of the etching step is -50°C or more and 20°C or less. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976). MPEP 2144.05(I) While Nishiyama does not explicitly disclose 20°C one of ordinary skill in the art would recognize “room temperature” as including of 20°C in selective etching of silicon containing films using thermal dry etching process as evidenced by the teachings of Takahashi (See Paragraphs [0017], [0030], [0067]).
It would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date of the invention to modify the method of Nishiyama to include the temperature as rendered obvious by general disclosure Nishiyama because one of ordinary skill in the art prior to the effective filing date of the invention would have had a reasonable expectation of predictably achieving the desired etching using the temperature as rendered obvious by Nishiyama. MPEP 2143D
Degai discloses wherein a semiconductor device can be etch using a fluorine containing precursor including nitrosyl fluoride wherein the substrate comprises semiconductor materials including a germanium film or silicon germanium film (Paragraphs [0077]-[0088], [0090] and [0108]). Nishiyama discloses wherein the etching object includes pure silicon layers (Paragraph [025]) which discloses wherein x is 0. As such Nishiyama as modified by Degai renders obvious selectively etching the etching object as compared with the non-etching object without using plasma (Nishiyama Paragraphs [0253]-[0260] discloses thermal dry etching process), wherein the etching object contains at least one of silicon (Nishiyama Paragraphs [0205] discloses pure silicon) and the non-etching object contains at least one of germanium and silicon germanium represented by a chemical formula Si1-yGey (Nishiyama Paragraph [2005] discloses silicon containing films may include dopants such as Ge Degai Paragraphs [0108] discloses germanium film or silicon germanium film), and in both the chemical formulae, x is 0 or more and less than 1, y is more than 0 and 1 or less, and x is smaller than y (Nishiyama Paragraph [0205] x would equal 0 for pure silicon Degai Paragraphs [0108] y is more than 0 in order to satisfy germanium or silicon germanium).
It would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date of the invention to modify the method of Nishiyama to include the germanium containing layers as rendered obvious by Degai because one of ordinary skill in the art prior to the effective filing date of the invention would have had a reasonable expectation of predictably achieving the desired etching using the germanium containing layer as rendered obvious by Degai. MPEP 2143D
With regards to claim 8, Nishiyama discloses A method for producing a semiconductor element, the method producing a semiconductor element using an etching method comprising: an etching step of bringing an etching gas containing nitrosyl fluoride into contact with a member to be etched having an etching object subject to etching by the etching gas and a non- etching object not subject to etching by the etching gas, and selectively etching the etching object as compared with the non-etching object without using plasma, wherein the etching object contains at least one of silicon and the member to be etched being a semiconductor substrate having the etching object and the non-etching object, the method comprising: a treatment step of removing at least a part of the etching object from the semiconductor substrate by the etching (Paragraphs [0195]-[0199], [0205], [0253]-[0260], [0262] discloses an method of etching a substrate comprising a silicon layer and other semiconductor material; wherein the etch rate of one material may be selected to selectively etch another material; wherein the method includes a thermal etching process rather than a plasma etching process; wherein the processing gas includes a FNO gas mixture)
Nishiyama does not explicitly the non-etching object contains at least one of germanium and silicon germanium represented by a chemical formula Si1-yGey, and in both the chemical formulae, x is 0 or more and less than 1, y is more than 0 and 1 or less, and x is smaller than y.
Degai discloses wherein a semiconductor device can be etch using a fluorine containing precursor including nitrosyl fluoride wherein the substrate comprises semiconductor materials including a germanium film or silicon germanium film (Paragraphs [0077]-[0088], [0090] and [0108]). Nishiyama discloses wherein the etching object includes pure silicon layers (Paragraph [025]) which discloses wherein x is 0. As such Nishiyama as modified by Degai renders obvious selectively etching the etching object as compared with the non-etching object without using plasma (Nishiyama Paragraphs [0253]-[0260] discloses thermal dry etching process), wherein the etching object contains at least one of silicon (Nishiyama Paragraphs [0205] discloses pure silicon) and the non-etching object contains at least one of germanium and silicon germanium represented by a chemical formula Si1-yGey (Nishiyama Paragraph [2005] discloses silicon containing films may include dopants such as Ge Degai Paragraphs [0108] discloses germanium film or silicon germanium film), and in both the chemical formulae, x is 0 or more and less than 1, y is more than 0 and 1 or less, and x is smaller than y (Nishiyama Paragraph [0205] x would equal 0 for pure silicon Degai Paragraphs [0108] y is more than 0 in order to satisfy germanium or silicon germanium).
It would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date of the invention to modify the method of Nishiyama to include the germanium containing layers as rendered obvious by Degai because one of ordinary skill in the art prior to the effective filing date of the invention would have had a reasonable expectation of predictably achieving the desired etching using the germanium containing layer as rendered obvious by Degai. MPEP 2143D
With regards to claim 2, the modified teachings of Nishiyama renders obvious wherein x in the chemical formula is 0 or more and 0.1 or less. (Nishiyama Paragraph [0205] x would equal 0 for pure silicon).
With regards to claims 3-4 and 9, the modified teachings of Nishiyama renders obvious wherein y in the chemical formula is more than 0.1 and 1 or less and wherein y in the chemical formula is 0.2 or more and 1 or less. (Degai Paragraphs [0108] y is more than 0 in order to satisfy silicon germanium and y is 1 to satisfy germanium).
With regards to claims 10-12, the modified teachings of Nishiyama renders obvious wherein a temperature condition of the etching step is from room temperature to 600°C (Nishiyama Paragraph [0270]) which overlaps Applicant’s claimed range of -50°C or more and 40°C or less. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976). MPEP 2144.05(I)
With regards to claims 6 and 13-15, the modified teachings of Nishiyama renders obvious wherein the etching gas is a gas containing only nitrosyl fluoride or a mixed gas containing nitrosyl fluoride and a diluent gas (Nishiyama Paragraphs [0253]-[0259] discloses a mixed gas of nitrosyl fluoride and a dilutant gas including nitrogen).
With regards to claim 7, the modified teachings of Nishiyama renders obvious wherein the diluent gas is at least one selected from a nitrogen gas. (Nishiyama Paragraphs [0253], [0256]).
With regards to claim 17, Nishiyama discloses A method for producing a semiconductor element, the method producing a semiconductor element using an etching method comprising: an etching step of bringing an etching gas containing nitrosyl fluoride into contact with a member to be etched having an etching object subject to etching by the etching gas and a non- etching object not subject to etching by the etching gas, and selectively etching the etching object as compared with the non-etching object without using plasma, wherein the etching object contains at least one of silicon wherein x in the chemical formula is 0 or more and 0.1 or less (Paragraph [0205] x would equal 0 for pure silicon) and the member to be etched being a semiconductor substrate having the etching object and the non-etching object, the method comprising: a treatment step of removing at least a part of the etching object from the semiconductor substrate by the etching (Paragraphs [0195]-[0199], [0205], [0253]-[0260], [0262] discloses an method of etching a substrate comprising a silicon layer and other semiconductor material; wherein the etch rate of one material may be selected to selectively etch another material; wherein the method includes a thermal etching process rather than a plasma etching process; wherein the processing gas includes a FNO gas mixture)
Nishiyama does not explicitly the non-etching object contains at least one of germanium and silicon germanium represented by a chemical formula Si1-yGey, and in both the chemical formulae, x is 0 or more and less than 1, y is more than 0 and 1 or less, and x is smaller than y.
Nishiyama discloses wherein the etching object includes pure silicon layers (Paragraph [025]) which discloses wherein x is 0. Degai discloses wherein a semiconductor device can be etch using a fluorine containing precursor including nitrosyl fluoride wherein the substrate comprises semiconductor materials including a germanium film or silicon germanium film (Paragraphs [0077]-[0088], [0090] and [0108]). As such Nishiyama as modified by Degai renders obvious selectively etching the etching object as compared with the non-etching object without using plasma (Nishiyama Paragraphs [0253]-[0260] discloses thermal dry etching process), wherein the etching object contains at least one of silicon (Nishiyama Paragraphs [0205] discloses pure silicon) and the non-etching object contains at least one of germanium and silicon germanium represented by a chemical formula Si1-yGey (Nishiyama Paragraph [2005] discloses silicon containing films may include dopants such as Ge Degai Paragraphs [0108] discloses germanium film or silicon germanium film), and in both the chemical formulae, x is 0 or more and less than 1, y is more than 0 and 1 or less, and x is smaller than y (Nishiyama Paragraph [0205] x would equal 0 for pure silicon Degai Paragraphs [0108] y is more than 0 in order to satisfy germanium or silicon germanium).
It would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date of the invention to modify the method of Nishiyama to include the germanium containing layers as rendered obvious by Degai because one of ordinary skill in the art prior to the effective filing date of the invention would have had a reasonable expectation of predictably achieving the desired etching using the germanium containing layer as rendered obvious by Degai. MPEP 2143D
With regards to claims 18-19, Nishiyama discloses A method for producing a semiconductor element, the method producing a semiconductor element using an etching method comprising: an etching step of bringing an etching gas containing nitrosyl fluoride into contact with a member to be etched having an etching object subject to etching by the etching gas and a non- etching object not subject to etching by the etching gas, and selectively etching the etching object as compared with the non-etching object without using plasma, wherein the etching object contains at least one of silicon and the member to be etched being a semiconductor substrate having the etching object and the non-etching object, the method comprising: a treatment step of removing at least a part of the etching object from the semiconductor substrate by the etching (Paragraphs [0195]-[0199], [0205], [0253]-[0260], [0262] discloses an method of etching a substrate comprising a silicon layer and other semiconductor material; wherein the etch rate of one material may be selected to selectively etch another material; wherein the method includes a thermal etching process rather than a plasma etching process; wherein the processing gas includes a FNO gas mixture)
Nishiyama does not explicitly the non-etching object contains at least one of germanium and silicon germanium represented by a chemical formula Si1-yGey, and in both the chemical formulae, x is 0 or more and less than 1, y is more than 0 and 1 or less, and x is smaller than y and wherein y in the chemical formula is more than 0.1 and 1 or less and wherein y in the chemical formula is 0.2 or more and 1 or less.
Degai discloses wherein a semiconductor device can be etch using a fluorine containing precursor including nitrosyl fluoride wherein the substrate comprises semiconductor materials including a germanium film or silicon germanium film (Paragraphs [0077]-[0088], [0090] and [0108]) which renders obvious wherein y is greater than 0 or 1 or less. Nishiyama discloses wherein the etching object includes pure silicon layers (Paragraph [025]) which discloses wherein x is 0. As such Nishiyama as modified by Degai renders obvious selectively etching the etching object as compared with the non-etching object without using plasma (Nishiyama Paragraphs [0253]-[0260] discloses thermal dry etching process), wherein the etching object contains at least one of silicon (Nishiyama Paragraphs [0205] discloses pure silicon) and the non-etching object contains at least one of germanium and silicon germanium represented by a chemical formula Si1-yGey (Nishiyama Paragraph [2005] discloses silicon containing films may include dopants such as Ge Degai Paragraphs [0108] discloses germanium film or silicon germanium film), and in both the chemical formulae, x is 0 or more and less than 1, y is more than 0 and 1 or less, and x is smaller than y (Nishiyama Paragraph [0205] x would equal 0 for pure silicon Degai Paragraphs [0108] y is more than 0 in order to satisfy germanium or silicon germanium) wherein y in the chemical formula is more than 0.1 and 1 or less and wherein y in the chemical formula is 0.2 or more and 1 or less. (Degai Paragraphs [0108] y is more than 0 in order to satisfy silicon germanium and y is 1 to satisfy germanium).
It would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date of the invention to modify the method of Nishiyama to include the germanium containing layers as rendered obvious by Degai because one of ordinary skill in the art prior to the effective filing date of the invention would have had a reasonable expectation of predictably achieving the desired etching using the germanium containing layer as rendered obvious by Degai. MPEP 2143D
Response to Arguments
Applicant's arguments filed May 26, 2026 have been fully considered but they are not persuasive.
Applicant argues on pages 7-8 of Applicants’ response that the cited prior art fails to teach or render obvious Applicant’s claimed invention. In particular, Applicant argues that Nishiyama discloses that the etching temperature should be between room temperature and 600°C (Paragraph [0270]) in contrast to Applicant’s invention which prefers an etching temperature of -50°C to 40°C (paragraph 0033). Applicant argues that examples 1-9 show excellent etching selection ratios at this temperature. This is found unpersuasive.
It is the Examiner’s position that the cited prior art renders obvious Applicant’s claimed invention including Applicant’s claimed range. Nishiyama discloses wherein the temperature of the reaction chamber can be held at conditions in the range of approximately room temperature to approximately 1000°C (Paragraph [0270]) which overlaps Applicant’s claimed range of a temperature condition of the etching step is -50°C or more and 20°C or less. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976). MPEP 2144.05(I) While Nishiyama does not explicitly disclose 20°C one of ordinary skill in the art would recognize “room temperature” as including of 20°C in selective etching of silicon containing films using thermal dry etching process as evidenced by the teachings of Takahashi (See Paragraphs [0017], [0030], [0067]).
Applicants can rebut a prima facie case of obviousness by showing the criticality of the range. "The law is replete with cases in which the difference between the claimed invention and the prior art is some range or other variable within the claims. . . . In such a situation, the applicant must show that the particular range is critical, generally by showing that the claimed range achieves unexpected results relative to the prior art range." In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990). MPEP 2144.05(II)(A) Applicant has not demonstrated the criticality of the claimed range. To establish unexpected results over a claimed range, applicants should compare a sufficient number of tests both inside and outside the claimed range to show the criticality of the claimed range. In re Hill, 284 F.2d 955, 128 USPQ 197 (CCPA 1960). MPP 716.02(d)(II)
As such the Examiner maintains the rejection of record. As to the dependent claims they remain rejected as no separate arguments have been provided.
Conclusion
THIS ACTION IS MADE FINAL. 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.
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/STEPHANIE P DUCLAIR/Primary Examiner, Art Unit 1713
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