DETAILED ACTION
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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 7/2/2024, 11/12/2025 was filed. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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Claims 1-3 and 5-7 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 4-6, 8 and 10 of copending Application No. 18/992,564. Although the claims at issue are not identical, they are not patentably distinct from each other because the conflicting claims have been patented.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Regarding claim 1, Appl '564 discloses, in claims 5, 6, and 10, a method of manufacturing a thin film, the method comprising:
an adsorption step of injecting a source gas including a high-k dielectric material to adsorb the high-k dielectric material onto a substrate ("a first adsorption step of injecting the first source gas to adsorb a high-k dielectric material onto the substrate", in claim 5 of Appl '564, is interpreted as the same limitation);
a deposition step of injecting a reactant gas reacting on the source gas to deposit a thin film including the high-k dielectric material on the substrate ("a first deposition step of injecting a first reactant gas reacting with the first source gas to deposit the first thin film layer including a high-k dielectric material on the substrate", in claim 5 of Appl '564, is interpreted as the same limitation); and
a crystallization step of crystallizing the high-k dielectric material by using plasma ("the crystallization step comprises a first crystallization step of crystallizing the first thin film layer, and the first crystallization step is performed after the first deposition step is performed, or is performed along with the first deposition step" and “the crystallization step generates plasma by using a plasma gas including at least one of helium (He), argon (Ar), ammonia (NH3), oxygen (02), and hydrogen (H2)”, in claim 6 and 10 of Appl '564, are interpreted as the same limitation).
Regarding claim 2, Appl '564 discloses the method of claim 1 as described above.
Appl '564 further discloses, in claim 6, the crystallization step is performed after the deposition step is performed ("the crystallization step comprises a first crystallization step of crystallizing the first thin film layer, and the first crystallization step is performed after the first deposition step is performed, or is performed along with the first deposition step", in claim 6 of Appl '564, is interpreted as the same limitation).
Regarding claim 3, Appl '564 discloses the method of claim 1 as described above.
Appl '564 further discloses, in claim 6, the crystallization step and the deposition step are performed together ("the crystallization step comprises a first crystallization step of crystallizing the first thin film layer, and the first crystallization step is performed after the first deposition step is performed, or is performed along with the first deposition step", in claim 6 of Appl '564, is interpreted as the same limitation).
Regarding claim 5, Appl '564 discloses the method of claim 1 as described above.
Appl '564 further discloses, in claims 4 and 5, the adsorption step injects a mixed gas, including at least one of hafnium (Hf) and zirconium (Zr), onto the substrate ("the first formation step forms the first thin film layer by using a first source gas including at least one high-k dielectric material of hafnium (Hf) and zirconium (Zr)" and “the first formation step comprises: a first adsorption step of injecting the first source gas to adsorb a high-k dielectric material onto the substrate”, in claims 4 and 5 of Appl '564, are interpreted as the same limitation).
Regarding claim 6, Appl '564 discloses the method of claim 1 as described above.
Appl '564 further discloses, in claim 10, the crystallization step generates plasma by using a plasma gas including at least one of helium (He), argon (Ar), and ammonia (NH3) ("the crystallization step generates plasma by using a plasma gas including at least one of helium (He), argon (Ar), ammonia (NH3), oxygen (02), and hydrogen (H2)", in claim 10 of Appl '564, is interpreted as the same limitation).
Regarding claim 7, Appl '564 discloses the method of claim 6 as described above.
Appl '564 further discloses, in claim 8, the deposition step injects ozone (O3) as a reactant gas onto the substrate ("the first deposition step injects ozone (03) as the first reactant gas ", in claim 8 of Appl '564, is interpreted as the same limitation).
Claims 8, 14-15 and 17-19 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 4-6, 8 and 10 of copending Application No. 18/992,564 in view of Song (US 2007/0026688). This is a provisional nonstatutory double patenting rejection.
Regarding claim 8, Appl '564 discloses the method of claim 1 as described above.
Appl '564 does not explicitly disclose a first purge step of injecting a purge gas onto the substrate after the adsorption step is performed; a second purge step of injecting the purge gas onto the substrate after the deposition step is performed.
Song teaches, in at least figure 3 and related text, the method comprising a first purge step of injecting a purge gas onto the substrate after the adsorption step is performed (30, [44]); a second purge step of injecting the purge gas onto the substrate after the deposition step is performed (60, [48]), for the purpose of forming a ZrO2 thin film having electrical characteristics ([9]).
Appl '564 and Song are analogous art because they both are directed to method for forming a semiconductor device and one of ordinary skill in the art would have had a reasonable expectation of success to modify Appl '564 with the specified features of Song because they are from the same field of endeavor.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the method disclosed in Appl '564 to have the first purge step of injecting a purge gas onto the substrate after the adsorption step is performed; the second purge step of injecting the purge gas onto the substrate after the deposition step is performed, as taught by Song, for the purpose of forming a ZrO2 thin film having electrical characteristics ([9], Song).
Regarding claim 14, Appl '564 discloses the method of claim 2 as described above.
Appl '564 does not explicitly disclose a first purge step of injecting a purge gas onto the substrate after the adsorption step is performed; a second purge step of injecting the purge gas onto the substrate after the deposition step is performed.
Song teaches, in at least figure 3 and related text, the method comprising a first purge step of injecting a purge gas onto the substrate after the adsorption step is performed (30, [44]); a second purge step of injecting the purge gas onto the substrate after the deposition step is performed (60, [48]), for the purpose of forming a ZrO2 thin film having electrical characteristics ([9]).
Appl '564 and Song are analogous art because they both are directed to method for forming a semiconductor device and one of ordinary skill in the art would have had a reasonable expectation of success to modify Appl '564 with the specified features of Song because they are from the same field of endeavor.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the method disclosed in Appl '564 to have the first purge step of injecting a purge gas onto the substrate after the adsorption step is performed; the second purge step of injecting the purge gas onto the substrate after the deposition step is performed, as taught by Song, for the purpose of forming a ZrO2 thin film having electrical characteristics ([9], Song).
Regarding claim 15, Appl '564 discloses the method of claim 3 as described above.
Appl '564 does not explicitly disclose a first purge step of injecting a purge gas onto the substrate after the adsorption step is performed; a second purge step of injecting the purge gas onto the substrate after the deposition step is performed.
Song teaches, in at least figure 3 and related text, the method comprising a first purge step of injecting a purge gas onto the substrate after the adsorption step is performed (30, [44]); a second purge step of injecting the purge gas onto the substrate after the deposition step is performed (60, [48]), for the purpose of forming a ZrO2 thin film having electrical characteristics ([9]).
Appl '564 and Song are analogous art because they both are directed to method for forming a semiconductor device and one of ordinary skill in the art would have had a reasonable expectation of success to modify Appl '564 with the specified features of Song because they are from the same field of endeavor.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the method disclosed in Appl '564 to have the first purge step of injecting a purge gas onto the substrate after the adsorption step is performed; the second purge step of injecting the purge gas onto the substrate after the deposition step is performed, as taught by Song, for the purpose of forming a ZrO2 thin film having electrical characteristics ([9], Song).
Regarding claim 17, Appl '564 discloses the method of claim 5 as described above.
Appl '564 does not explicitly disclose a first purge step of injecting a purge gas onto the substrate after the adsorption step is performed; a second purge step of injecting the purge gas onto the substrate after the deposition step is performed.
Song teaches, in at least figure 3 and related text, the method comprising a first purge step of injecting a purge gas onto the substrate after the adsorption step is performed (30, [44]); a second purge step of injecting the purge gas onto the substrate after the deposition step is performed (60, [48]), for the purpose of forming a ZrO2 thin film having electrical characteristics ([9]).
Appl '564 and Song are analogous art because they both are directed to method for forming a semiconductor device and one of ordinary skill in the art would have had a reasonable expectation of success to modify Appl '564 with the specified features of Song because they are from the same field of endeavor.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the method disclosed in Appl '564 to have the first purge step of injecting a purge gas onto the substrate after the adsorption step is performed; the second purge step of injecting the purge gas onto the substrate after the deposition step is performed, as taught by Song, for the purpose of forming a ZrO2 thin film having electrical characteristics ([9], Song).
Regarding claim 18, Appl '564 discloses the method of claim 6 as described above.
Appl '564 does not explicitly disclose a first purge step of injecting a purge gas onto the substrate after the adsorption step is performed; a second purge step of injecting the purge gas onto the substrate after the deposition step is performed.
Song teaches, in at least figure 3 and related text, the method comprising a first purge step of injecting a purge gas onto the substrate after the adsorption step is performed (30, [44]); a second purge step of injecting the purge gas onto the substrate after the deposition step is performed (60, [48]), for the purpose of forming a ZrO2 thin film having electrical characteristics ([9]).
Appl '564 and Song are analogous art because they both are directed to method for forming a semiconductor device and one of ordinary skill in the art would have had a reasonable expectation of success to modify Appl '564 with the specified features of Song because they are from the same field of endeavor.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the method disclosed in Appl '564 to have the first purge step of injecting a purge gas onto the substrate after the adsorption step is performed; the second purge step of injecting the purge gas onto the substrate after the deposition step is performed, as taught by Song, for the purpose of forming a ZrO2 thin film having electrical characteristics ([9], Song).
Regarding claim 19, Appl '564 discloses the method of claim 7 as described above.
Appl '564 does not explicitly disclose a first purge step of injecting a purge gas onto the substrate after the adsorption step is performed; a second purge step of injecting the purge gas onto the substrate after the deposition step is performed.
Song teaches, in at least figure 3 and related text, the method comprising a first purge step of injecting a purge gas onto the substrate after the adsorption step is performed (30, [44]); a second purge step of injecting the purge gas onto the substrate after the deposition step is performed (60, [48]), for the purpose of forming a ZrO2 thin film having electrical characteristics ([9]).
Appl '564 and Song are analogous art because they both are directed to method for forming a semiconductor device and one of ordinary skill in the art would have had a reasonable expectation of success to modify Appl '564 with the specified features of Song because they are from the same field of endeavor.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the method disclosed in Appl '564 to have the first purge step of injecting a purge gas onto the substrate after the adsorption step is performed; the second purge step of injecting the purge gas onto the substrate after the deposition step is performed, as taught by Song, for the purpose of forming a ZrO2 thin film having electrical characteristics ([9], Song).
Claim Rejections - 35 USC § 102
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.
Claim(s) 1-2, 5-8, 14 and 17-19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Song (US 2007/0026688).
Regarding claim 1, Song discloses, in at least figures 3, 5B, and related text, a method of manufacturing a thin film, the method comprising:
an adsorption step of injecting a source gas including a high-k dielectric material to adsorb the high-k dielectric material onto a substrate (20, [43]);
a deposition step of injecting a reactant gas reacting on the source gas to deposit a thin film (120, [54]) including the high-k dielectric material on the substrate (40/50, [45], [46]); and
a crystallization step of crystallizing the high-k dielectric material by using plasma ([58]).
Regarding claim 2, Song discloses the method of claim 1 as described above.
Song further discloses, in at least figures 3, 5B, and related text, the crystallization step is performed after the deposition step is performed ([58]).
Regarding claim 5, Song discloses the method of claim 1 as described above.
Song further discloses, in at least figures 3, 5B, and related text, the adsorption step injects a mixed gas, including at least one of hafnium (Hf) and zirconium (Zr), onto the substrate (20, [43]).
Regarding claim 6, Song discloses the method of claim 1 as described above.
Song further discloses, in at least figures 3, 5B, and related text, the crystallization step generates plasma by using a plasma gas including at least one of helium (He), argon (Ar), and ammonia (NH3) ([58]).
Regarding claim 7, Song discloses the method of claim 6 as described above.
Song further discloses, in at least figures 3, 5B, and related text, the deposition step injects ozone (O3) ([45]) as a reactant gas onto the substrate.
Regarding claim 8, Song discloses the method of claim 1 as described above.
Song further discloses, in at least figures 3, 5B, and related text, a first purge step of injecting a purge gas onto the substrate after the adsorption step is performed (30, [44]); and
a second purge step of injecting the purge gas onto the substrate after the deposition step is performed (60, [48]).
Regarding claim 14, Song discloses the method of claim 2 as described above.
Song further discloses, in at least figures 3, 5B, and related text, a first purge step of injecting a purge gas onto the substrate after the adsorption step is performed (30, [44]); and
a second purge step of injecting the purge gas onto the substrate after the deposition step is performed (60, [48]).
Regarding claim 17, Song discloses the method of claim 5 as described above.
Song further discloses, in at least figures 3, 5B, and related text, a first purge step of injecting a purge gas onto the substrate after the adsorption step is performed (30, [44]); and
a second purge step of injecting the purge gas onto the substrate after the deposition step is performed (60, [48]).
Regarding claim 18, Song discloses the method of claim 6 as described above.
Song further discloses, in at least figures 3, 5B, and related text, a first purge step of injecting a purge gas onto the substrate after the adsorption step is performed (30, [44]); and
a second purge step of injecting the purge gas onto the substrate after the deposition step is performed (60, [48]).
Regarding claim 19, Song discloses the method of claim 7 as described above.
Song further discloses, in at least figures 3, 5B, and related text, a first purge step of injecting a purge gas onto the substrate after the adsorption step is performed (30, [44]); and
a second purge step of injecting the purge gas onto the substrate after the deposition step is performed (60, [48]).
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.
Claim(s) 9-11 and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Song (US 2007/0026688).
Regarding claim 9, Song discloses, in at least figures 5C, 8-13, and related text, a thin film comprising:
a thin film layer (120, [49], [54]) formed on a substrate by using a mixed material including a high-k dielectric material ([54]), wherein the thin film layer (120, [54]) is formed to have a thickness ([49]) and is crystallized to have a dielectric constant of 20 K to 30 K ([33], [58]).
Song does not explicitly disclose a thickness of 40 Å to 70 Å.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the thickness of the thin film layer as claimed in claim 9 in order to optimize the performance of the device in .. It is noted that the selection dimension of the thickness of the thin film layer as being no more than use of known technique to improve similar devices in the same way. See MPEP 2143 I. C. It is noted that if a technique has been used to improve one device, and a person of ordinary skill in the art would recognize that it would improve similar devices in the same way, using the technique is obvious unless its actual application is beyond that person's skill. KSR International Co. v. Teleflex Inc., 550 US 398, 82 USPQ2d 1385, 1389 (2007). In Gardnerv.TEC Syst., Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984), the Federal Circuit held that, where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device.
Furthermore, it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
The specification contains no disclosure of either the critical nature of the claimed arrangement (i.e.- a thickness of 40 Å to 70 Å) or any unexpected results arising therefrom.
Where patentability is said to be based upon particular chosen limitations or upon another variable recited in a claim, the applicant must show that the chosen limitations are critical. In re Woodruff, 919 F.2d 1575, 1578 (FED. Cir. 1990).
Regarding claim 10, Song discloses the thin film of claim 9 as described above.
Song further discloses, in at least figures 5C, 8-13, and related text, the thin film layer (120, [49], [54]) is formed of a mixed material including at least one of hafnium (Hf) and zirconium (Zr).
Regarding claim 11, Song discloses the thin film of claim 9 as described above.
Song further discloses, in at least figures 5C, 8-13, and related text, the thin film layer (120, [49], [54], [58]) is partially crystallized and is formed to have a thickness and a dielectric constant of 20 K to 30 K ([33]).
Song does not explicitly disclose a thickness of 40 Å to 70 Å.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the thickness of the thin film layer as claimed in claim 9 in order to optimize the performance of the device in .. It is noted that the selection dimension of the thickness of the thin film layer as being no more than use of known technique to improve similar devices in the same way. See MPEP 2143 I. C. It is noted that if a technique has been used to improve one device, and a person of ordinary skill in the art would recognize that it would improve similar devices in the same way, using the technique is obvious unless its actual application is beyond that person's skill. KSR International Co. v. Teleflex Inc., 550 US 398, 82 USPQ2d 1385, 1389 (2007). In Gardnerv.TEC Syst., Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984), the Federal Circuit held that, where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device.
Furthermore, it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
The specification contains no disclosure of either the critical nature of the claimed arrangement (i.e.- a thickness of 40 Å to 70 Å) or any unexpected results arising therefrom.
Where patentability is said to be based upon particular chosen limitations or upon another variable recited in a claim, the applicant must show that the chosen limitations are critical. In re Woodruff, 919 F.2d 1575, 1578 (FED. Cir. 1990).
Regarding claim 13, Song discloses the thin film of claim 9 as described above.
Song further discloses, in at least figures 5C, 8-13, and related text, the thin film layer (120, [49], [54]) is formed to have an equivalent oxide thickness (EOT) of 6.5 Å to 9.7 Å ([71]).
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Song (US 2007/0026688) in view of Seo (US 2018/0226468).
Regarding claim 12, Song discloses the thin film of claim 9 as described above.
Song does not explicitly disclose the dielectric constant of the thin film layer is determined based on the following Equation, COX x (D/A), COX is an oxide capacitance of the thin film layer, D is the thickness of the thin film layer, and A is an area of the thin film layer.
Seo teaches, in at least figure 1 and related text, the device comprising the dielectric constant of the thin film layer (130, [54]) is determined based on the following Equation, COX x (D/A), COX is an oxide capacitance of the thin film layer, D is the thickness of the thin film layer, and A is an area of the thin film layer ([3]), for the purpose of improving the interface characteristic between the first electrode and the first dielectric layer ([39]).
Song and Seo are analogous art because they both are directed to semiconductor device and one of ordinary skill in the art would have had a reasonable expectation of success to modify Song with the specified features of Seo because they are from the same field of endeavor.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the method disclosed in Song to have the dielectric constant of the thin film layer being determined based on the following Equation, COX x (D/A), COX is an oxide capacitance of the thin film layer, D is the thickness of the thin film layer, and A is an area of the thin film layer, as taught by Seo, for the purpose of improving the interface characteristic between the first electrode and the first dielectric layer ([39], Seo).
Allowable Subject Matter
Claims 4 and 16 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims because the prior art of record neither anticipates nor render obvious the limitations of the base claims 1 and 4 that recite "a second crystallization step performed after the deposition step and the first crystallization step are performed" in combination with other elements of the base claims 1 and 4.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
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/TONG-HO KIM/Primary Examiner, Art Unit 2811
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