DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Election/Restrictions
2. Applicant’s election without traverse of Group I (claims 1-15) in the reply filed on 01/27/2026 is acknowledged.
3. Claims 16-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 01/27/2026.
Claim Objections
4. Claim 2 is objected to because of the following informalities:
In line 2 of claim 2, the formula “(BF3)” is inside the parentheses symbol. The examiner suggests deleting the symbol “( )”. Appropriate correction is required.
Claim Rejections - 35 USC § 103
5. 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.
6. 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.
7. This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
8. Claims 1-2, 4-11, are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. (US 2015/0099367 A1), herein after refer as Kim (‘367) in view of Shen (US 2008/0146034 A1).
Note:
As to claim 1, Kim (‘367) discloses a method for etching features in a carbon containing layer (225) below a mask (230 and/or 240) (paragraph 0022-0026), comprising:
a simultaneous etch and passivation step, comprising:
flowing an etch gas comprising a
creating a plasma from the etch gas, wherein the plasma etches features in the carbon containing layer (paragraph 0028-0034).
As to claim 1, Kim (‘367) fails to disclose the passivant gas comprises boron-containing gas. However, Kim clearly teaches to use passivant gas (paragraph 0030). Shen teaches to use passivant gas comprises boron containing gas such as BCl3 (paragraph 0024; Shen’s claim 8). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Kim (‘367) in view of Shen by using boron containing gas as passivant gas because equivalent and substitution of one for the other would produce an expected result (See MPEP 2143(I)(B)).
As to claim 2, Shen discloses the boron-containing gas is at least one of BCl3 (See paragraph 0024; Shen’s claim 8).
As to claim 4, Kim (‘367) discloses etching a stack (220 and 215) below the carbon containing layer (225), wherein the carbon containing layer acts as a mask (See paragraph 0021-0023, Fig 2C-2F).
As to claim 5, Kim (‘367) discloses the stack is a 3D NAND stack or DRAM stack or other logic stacks or memory stack (paragraph 0016).
As to claim 6, Kim (‘367) discloses an etch without a passivation gas comprises flowing an etch gas without a passivation gas comprising an oxygen containing gas, wherein the etch without passivation is boron free and creating a plasma from the etch gas without the passivation gas (plasma without boron gas; See paragraph 0029-0030).
As to claim 7, Kim (‘367) discloses the flowing the gas without passivation gas comprises flowing the etch gas with a sulfur containing component (i.e. COS gas; See paragraph 0028-0030).
As to claim 8, Kim (‘367) discloses the etch gas is sulfur free (i.e. Cl2 or HBr or CH4; See paragraph 0028).
As to claim 9, Kim (‘367) discloses the etch gas is halogen free (i.e. COS, or CH4 gas; paragraph 0028).
As to claim 10, Kim (‘367) discloses the carbon-containing layer (225) comprises amorphous carbon (See paragraph 0022-0024).
As to claim 11, Kim (‘367) discloses the mask (230) comprises SiON (See paragraph 0024).
9. Claims 3, 12, 15 are rejected under 35 U.S.C. 103 as being unpatentable over Kim (US 2015/0099367 A1) in view Shen et al. (US 2008/0146034 A1) as applied to claims 1-2, 4-11 above, and further in view of Kim et al. (US 2022/0375759 A1), herein after refer as Kim (‘759).
As to claim 3, Kim (‘367) discloses the features have a critical dimension (CD) between 10 nm to 30 nm (paragraph 0026, within applicant’s range of “less than 80 nm”). As to claim 3, Kim (‘367) and Shen fail to disclose the features have an aspect ratio of greater than 50. Kim (‘759) discloses to etch amorphous carbon to create features having aspect ratio of at least between 5 to 100 (paragraph 0082; Note: aspect ratio of 100 is within applicant’s range of “greater than 50”). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Kim (‘367) and Shen in view of Kim (‘759) by having features with aspect ratio greater than 50 including 100 because in the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists (See MPEP 2144.05(I)).
As to claim 12, Kim (‘367) discloses the features forms slits with a width CD (See Fig 2D-2F). As to claim 12, Kim (‘367) and Shen fail to disclose a width CD in a range of 150 nm to 200 nm. Kim (‘759) discloses the features forms slits with a width CD of 70 nm to 250 nm (See paragraph 0029, overlapping applicant’s range of 150 nm to 200 nm). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Kim (‘367) and Shen in view of Kim (‘759) by having a width CD of 150 nm to 200 nm because in the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists (See MPEP 2144.05(I)).
As to claim 15, Kim (‘367) discloses the features have a CD value (See Fig 2D-2F). As to claim 15, Kim (‘367) and Shen fail to disclose a CD in a range of 150 nm to 200 nm. Kim (‘759) discloses the features forms slits with a width CD of 70 nm to 250 nm (See paragraph 0029, overlapping applicant’s range of 150 nm to 200 nm). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Kim (‘367) and Shen in view of Kim (‘759) by having a width CD of 150 nm to 200 nm because in the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists (See MPEP 2144.05(I)).
10. Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Kim (US 2015/0099367 A1) in view Shen et al. (US 2008/0146034 A1) as applied to claims 1-2 above, and further in view of Lin et al. (US 2021/0242206 A1)
As to claim 13, Kim (‘367) and Shen fail to disclose the boron containing passivant and oxygen containing gas are mixed before being flowed into the chamber. However, Kim (‘367) clearly teaches to use plasma etch. Lin discloses to etch carbon containing layer wherein boron containing passivant and oxygen containing gas are mixed before being flowed into the chamber by using remote plasma (paragraph 0028, 0032, 0035, 0038, 0052). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Kim (‘367) and Shen in view of Seo by having the boron containing passivant and oxygen containing gas are mixed before being flowed into the chamber because equivalent and substitution of one for the other would produce an expected result (See MPEP 2143(I)(B)).
11. Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Kim (US 2015/0099367 A1) in view Shen et al. (US 2008/0146034 A1) as applied to claims 1-2 above, and further in view of Seo (US 2022/0413389 A1)
As to claim 13, Kim (‘367) and Shen fail to disclose the boron containing passivant and oxygen containing gas are mixed in a processing chamber before creating the plasma from the etch gas. However, Kim (‘367) clearly teaches to use plasma etch. Seo discloses to etch carbon containing layer wherein boron containing passivant and oxygen containing gas are mixed in a processing chamber before creating the plasma from the etch gas (paragraph 0026, 0032, 0036). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Kim (‘367) and Shen in view of Seo by having the boron containing passivant and oxygen containing gas are mixed before being flowed into the chamber because equivalent and substitution of one for the other would produce an expected result (See MPEP 2143(I)(B)).
Conclusion
12. Any inquiry concerning this communication or earlier communications from the examiner should be directed to BINH X TRAN whose telephone number is (571)272-1469. The examiner can normally be reached Monday-Friday.
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BINH X. TRAN
Examiner
Art Unit 1713
/BINH X TRAN/Primary Examiner, Art Unit 1713