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 II (claims 13-31) in the reply filed on 04/17/2026 is acknowledged.
3. Claim 12 is withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.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 04/17/2026.
Information Disclosure Statement
4. The Information Disclosure Statement (IDS) filed 01/17/2025 has been considered. The IDS comprises 160 US Patents Document, 29 Foreign Patent Documents and 121 Non-Patent Literature Documents. The examiner notes, however, that the cloaking of a clearly relevant reference by inclusion in a long list of citations may not comply with the Applicant's duty of disclosure. see MPEP § 2004. Penn Yan Boats, Inc. v. Sea Lark Boats, Inc., 359 F. Supp. 948 (S.D. Fla. 1972) (accord with dicta from Molins PLC v. Textron, Inc., 48 F.3d 1172 (Fed. Cir. 1995), stating that forcing the Examiner to find a needle in a haystack is probative of bad faith.). Applicant is requested to point out any particular reference in the IDS which they believe may be of particular relevance to the instant claimed invention in response to this office action.
Claim Rejections - 35 USC § 112
5. 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.
6. Claims 30-31 are 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 30 recites the limitation "the modified layer" in lines 5-6. There is insufficient antecedent basis for this limitation in the claim. It is unclear whether the phrase “the modified layer” is referred to “a modified oxygen-containing layer” or not.
Claim 31 depends on claim 30. In line 1 of claim 31, the phrase “the modified layer" is indefinite. It is unclear whether the phrase “the modified layer” in claim 31 is referred to “a modified oxygen-containing layer” in claim 30 or not.
Claim Rejections - 35 USC § 102
7. 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.
8. 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
9. Claims 13-14, 17-22, 25-26, 28, 30-31 are rejected under 35 U.S.C. 102(a)(a1) and/or 102(a)(2) as being anticipated by Clark et al. (US 2019/0267249 A1).
As to claim 13, Clark discloses a method for processing wafers, the method comprising:
providing a wafer (300) to a processing chamber, the wafer having a material (302) to be etched (paragraph 018, Fig 2; Fig 3A);
exposing the material (302) to be etched to a halogen-containing gas to form a modified layer (304) on a surface of the wafer (Fig 2 step 202; Fig 3B; Fig 4 step 406; Fig 6; paragraph 0018-0023; and
exposing the modified layer to boron-and-chlorine-containing gas (i.e. BCl3) to remove the modified layer (304) from the surface of the wafer (Fig 2 step 206, Fig 3C; paragraph 0018-0023).
As to claim 14, Clark discloses the exposing the modified layer (304) is performed in a plasma-less environment (i.e. in the absence of plasma; See paragraph 0018).
As to claim 17, Clark discloses wherein exposing the material to be etched to the halogen-containing gas (i.e. HF) and exposing the modified layer (304) are performed in alternating pulses by atomic layer etching (ALE) (See paragraph 0016-0018, 021-0022, Fig 2, Fig 6-7).
As to claim 18, Clark discloses wherein the material (302) to be etched comprises a metal oxide (See paragraph 0018).
As to claim 19, Clark discloses wherein the material to be etched comprises a tungsten-free material (i.e. Al2O3; See Fig 6-7).
As to claim 20, Clark discloses the metal oxide comprises a metal selected from the group consisting of aluminum, zirconium, zinc, hafnium (See paragraph 0017-0018).
As to claim 21, Clark discloses the material to be etched comprises an oxygen-containing material (paragraph 0017-0018).
As to claim 22, Clark disclose the oxygen-containing material is selected from the group consisting of zirconium oxide (ZrO2), hafnium oxide (HfO2) (paragraph 0017-0018, 0019).
As to claim 25, Clark discloses the halogen-containing gas comprises fluorine (See paragraph 0017, Fig 2 step 202, Fig 6-7, paragraph 0021-0022).
As to claim 26, Clark discloses the halogen-containing gas comprises hydrogen fluoride (HF, See paragraph 0017, Fig 2 step 202, Fig 6-7, paragraph 0021-0022).
As to claim 28, Clark discloses wherein the boron-and-chlorine-containing gas comprises boron trichloride (BCl3; See paragraph 0022’ Clark’s claim 4).
As to claim 30, Clark discloses A method for processing wafers, the method comprising:
providing a wafer (300) to a processing chamber, the wafer having an oxygen-containing material (302) (Fig 3A, paragraph 0017-0018);
exposing the oxygen-containing material to a halogen-containing gas (HF) to form a modified oxygen-containing layer (304) on a surface of the wafer; ((Fig 2 step 202; Fig 3B; Fig 4 step 406; Fig 6; paragraph 0018-0023) and
exposing the modified oxygen-containing layer to boron trichloride (BCl3) to remove the modified layer from the surface of the wafer (Fig 2 step 202; Fig 3B; Fig 4 step 406; Fig 6; paragraph 0018-0023).
As to claim 31, Clark discloses the exposing the modified layer (304) is performed in a plasma-less environment (i.e. in the absence of plasma; See paragraph 0018).
10. Claims 13, 15, 17-30 are rejected under 35 U.S.C. 102(a)(a1) and/or 102(a)(2) as being anticipated by Woods et al. (US 2020/0395222 A1).
As to claim 13, Wood discloses a method for processing wafers, the method comprising:
providing a wafer (600) to a processing chamber, the wafer having a material (610) to be etched (paragraph 0029, Fig 4A, Fig 1);
exposing the material (610) to be etched to a halogen-containing gas to form a modified layer (620) on a surface of the wafer (Fig 1 step 110; Fig 2 Step 210; Fig 4A; paragraph 0029, 0032 and
exposing the modified layer to boron-and-chlorine-containing gas (i.e. BCl3) to remove the modified layer (620) from the surface of the wafer (paragraph 0038, Fig 4A, 0048).
As to claim 15, Woods discloses wherein exposing the material to be etched to the halogen- containing gas comprises igniting the halogen-containing gas to form a halogen-containing plasma (paragraph 0032).
As to claim 17, Woods discloses wherein exposing the material to be etched to the halogen-containing gas and exposing the modified layer are performed in alternating pulses by atomic layer etching (paragraph 0019-0023).
As to claim 18, Woods discloses wherein the material to be etched comprises a metal oxide (See paragraph 0017, 0030).
As to claim 19, Woods discloses wherein the material to be etched comprises a tungsten-free material (e.g. hafnium oxide; titanium oxide, molybdenum oxide; See paragraph 0030).
As to claim 20, Woods discloses the metal oxide comprises a metal selected from the group consisting of aluminum, silicon, molybdenum, hafnium, and combinations thereof (See paragraph 0017, 0030, 0046-0047).
As to claim 21, Woods discloses wherein the material to be etched comprises an oxygen-containing material (paragraph 0017, 0030).
As to claim 22, Woods discloses wherein the oxygen-containing material is selected from the group consisting of hafnium oxide (paragraph 0030).
As to claim 23, Woods discloses wherein the material to be etched is a carbide or nitride formed by oxidizing the carbide or nitride (paragraph 0043-0048).
As to claim 24, Woods discloses the material to be etched is doped (paragraph 0017).
As to claim 25, Woods discloses wherein the halogen-containing gas comprises fluorine (paragraph 0032, 0035).
As to claim 26, Woods discloses wherein the halogen-containing gas comprises hydrogen fluoride (HF; See paragraph 0032; Wood’s claim 4).
As to claim 27, Woods discloses halogen-containing gas comprises nitrogen trifluoride (NF3; See paragraph 0032, 0048; Wood’s claim 4).
As to claim 28, Woods discloses wherein the boron-and-chlorine-containing gas comprises boron trichloride (BCl3; See paragraph 0038, 0048).
As to claim 29, Woods discloses wherein forming the modified layer and removing the modified layer are performed without breaking vacuum (Fig 1, paragraph 0024).
As to claim 30, Woods discloses a method for processing wafers, the method comprising:
providing a wafer (600) to a processing chamber, the wafer having an oxygen-containing material (610) (Fig 4A; paragraph 0029-0030);
exposing the oxygen-containing material to a halogen-containing gas to form a modified oxygen-containing layer (620) on a surface of the wafer; (paragraph 0029-0030, Fig 4A, 0048) and
exposing the modified oxygen-containing layer to boron trichloride (BCl3) to remove the modified layer from the surface of the wafer (paragraph 0038, Fig 4A, 0048).
Claim Rejections - 35 USC § 103
10. 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.
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.
11. Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Clark (US 2019/0267249 A1) as applied to claim 13 above, and further in view of Smith et al. (US 2018/0182634 A1).
As to claim 16, Clark fails to disclose or suggest wherein exposing the modified layer forms a volatile oxychloride or causes a ligand exchange or both. However, Clark clearly discloses wherein exposing the modified layer forms a volatile material (Fig 6-7, paragraph 0020-0022). Smith discloses exposing the modified layer forms a volatile material by performing a ligand exchange operation (See Fig 2A, Fig 13, Fig 14, abstract, paragraph 0006, 0054-0065, 0106-0119). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Clark in view of Smith by exposing the modified layer causes ligand exchange because equivalent and substitution of one for the other would produce an expected result (See MPEP 2143(I)(B)).
12. Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Woods (US 2020/0395222 A1) as applied to claim 13 above, and further in view of Smith et al. (US 2018/0182634 A1).
As to claim 16, Woods fails to disclose or suggest wherein exposing the modified layer forms a volatile oxychloride or causes a ligand exchange or both. However, Woods clearly discloses wherein exposing the modified layer forms a volatile material (Fig 4A, paragraph 0038). Smith discloses exposing the modified layer forms a volatile material by performing a ligand exchange operation (See Fig 2A, Fig 13, Fig 14, abstract, paragraph 0006, 0054-0065, 0106-0119). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Woods in view of Smith by exposing the modified layer causes ligand exchange because equivalent and substitution of one for the other would produce an expected result (See MPEP 2143(I)(B)).
Conclusion
13. 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
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