DETAILED ACTION
Claims 1-20 are pending before the Office for review.
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 § 103
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 (i.e., changing from AIA to pre-AIA ) 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.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-20 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).
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.
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 5 and 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 13-16, 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
With regards to claim 20, 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) 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; 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). 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)
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
Conclusion
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/STEPHANIE P DUCLAIR/Primary Examiner, Art Unit 1713