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 .
Election/Restrictions
Applicant’s election without traverse of claims 1-9 in the reply filed on April 30, 2026 is acknowledged.
Claim Rejections - 35 USC § 112
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.
Claims 1-9 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 1 requires “the distribution information (N)”, “the unit processing (N)”, “Nth time”, “N is an integer”, “unit processing (M)”, “in the Mth unit processing”. It is unclear if Applicant intends to claim an integer number of “distribution information” and “unit processing”? Further, if N is a unit of time as per “Nth time”, this adds further indefiniteness with respect to the other three N’s claimed. Further, how can “unit processing” be referred to as different variables N,M? To advance examination, the below pending claims are interpretted as follows:
wherein the measurement unit measures the distribution information at time t=N in the unit processing at time t=N at time t=N satisfies a predetermined condition, the modification unit modifies the process conditions in the unit processing at time t=M
in the time t=Mat time t=M
Claim 5 is 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 5 requires, in part, “, the emission intensities measured by the first sensor, … , the emission intensities measured by the second sensor ”. The added clauses are unclear.
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.
Claims 1, 4-9 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Barnes; Michael et al. (US 6829056 B1). Barnes teaches a plasma processing apparatus (Figure 1B,1C,2A.2B), comprising: a chamber (104; Figure 1B,1C); a placement unit which is disposed in the chamber (104; Figure 1B,1C) and on which a substrate is to be placed; a plasma generation unit (165, 174; Figure 1B,1C - column 5; lines 29-43) configured to generate a plasma within the chamber (104; Figure 1B,1C); a gas supply unit (122; Figure 1B) configured to supply a raw material gas of the plasma into the chamber (104; Figure 1B,1C); a measurement unit (180; Figure 1B,1C; column 10; lines 30-40) configured to measure and output a distribution information (“...light emission from a predefined plasma location...”; column 10; lines 37-50) regarding a plasma distribution in the chamber (104; Figure 1B,1C); a control unit (300; Figure 1B,1C,2A; column 22; line 46-column 23; line 5) configured to control the plasma generation unit (165, 174; Figure 1B,1C - column 5; lines 29-43) and the gas supply unit (122; Figure 1B) so as to repeat a unit processing (Figure 2B) on the substrate; a memory unit (316; Figure 2A-column 13; lines 21-35) configured to store process conditions including conditions for the unit processing (Figure 2B); and a modification unit (304; Figure 2A-column 13; lines 21-35) configured to modify the process conditions, wherein the measurement unit (180; Figure 1B,1C; column 10; lines 30-40) measures the distribution information (“...light emission from a predefined plasma location...”; column 10; lines 37-50) (N) in the unit processing (Figure 2B) (N) at an Nth time, where N is an integer, and when the distribution information (“...light emission from a predefined plasma location...”; column 10; lines 37-50) (N) satisfies a predetermined condition, the modification unit (304; Figure 2A-column 13; lines 21-35) modifies the process conditions in the unit processing (Figure 2B) (M) at an Mth time, where M is any integer equal to or greater than (N+1), as claimed by claim 1. Applying the Examiner’s above claim interpretation, Barnes clearly teaches Barnes’ measurement unit (180; Figure 1B,1C; column 10; lines 30-40) performs the claimed process monitoring and control at least through Barnes’ process feedback control instruction set 388 (Figure 2B; column 15; lines 9-25; column 16; line 62-column 17; line 5). For example, Barnes’ process variables are assesed at time t=N via “first and second monitoring signals” (column 16; line 62-column 17; line 5) and Barnes’ controller responds, at a later time t = M, when these variables are not within the presecribed range: “the process feedback control instruction set 388 of the chamber controller 300 transmits instructions to the gas flow control instruction set 368 to control the gas flow rates through the gas outlets 140, 142 in response to the first and second monitoring signals.” (column 16; line 62-column 17; line 5).
Barnes further teaches:
The plasma processing apparatus (Figure 1B,1C,2A.2B) according to claim 1, wherein the measurement unit (180; Figure 1B,1C; column 10; lines 30-40) includes a first sensor (182a; Figure 1B,1C; column 10; lines 30-40-”first signal”; throughout) configured to measure light emission from a center area (136; Figure 1B,1C; column 10; lines 30-40) of the plasma generated in the chamber (104; Figure 1B,1C), and a second sensor (182b; Figure 1B,1C; column 10; lines 30-40- “second signal”; throughout) configured to measure light emission from a circumferential area (138; Figure 1B,1C; column 10; lines 30-40) of the plasma generated in the chamber (104; Figure 1B,1C), and outputs the distribution information (“...light emission from a predefined plasma location...”; column 10; lines 37-50), based on a first emission intensity (“emission spectra”; column 10; lines 30-40) measured by the first sensor (182a; Figure 1B,1C; column 10; lines 30-40-”first signal”; throughout) and a second emission intensity (“emission spectra”; column 10; lines 30-40) measured by the second sensor (182b; Figure 1B,1C; column 10; lines 30-40- “second signal”; throughout), as claimed by claim 4
The plasma processing apparatus (Figure 1B,1C,2A.2B) according to claim 4, wherein the raw material gas contains a fluorine source and argon, the measurement unit (180; Figure 1B,1C; column 10; lines 30-40) outputs, as the distribution information (“...light emission from a predefined plasma location...”; column 10; lines 37-50), a first intensity ratio (column 8; lines 16-25) and a second intensity ratio (column 8; lines 16-25), the first intensity ratio (column 8; lines 16-25) is a ratio (column 8; lines 16-25) of an emission intensity (“emission spectra”; column 10; lines 30-40) attributed to fluorine generated from the fluorine source to an emission intensity (“emission spectra”; column 10; lines 30-40) attributed to the argon, the emission intensities measured by the first sensor (182a; Figure 1B,1C; column 10; lines 30-40-”first signal”; throughout), the second intensity ratio (column 8; lines 16-25) is a ratio (column 8; lines 16-25) of an emission intensity (“emission spectra”; column 10; lines 30-40) attributed to the fluorine to an emission intensity (“emission spectra”; column 10; lines 30-40) attributed to the argon, the emission intensities measured by the second sensor (182b; Figure 1B,1C; column 10; lines 30-40- “second signal”; throughout), and the modification unit (304; Figure 2A-column 13; lines 21-35) modifies the process conditions, based on the distribution information (“...light emission from a predefined plasma location...”; column 10; lines 37-50), and on an interdependency data (“look-up table”; throughout; column 6; lines 50-56; column 7; line 50-column 8; line 15) acquired in advance between a ratio (column 8; lines 16-25) of an emission intensity (“emission spectra”; column 10; lines 30-40) attributed to fluorine to an emission intensity (“emission spectra”; column 10; lines 30-40) attributed to argon and an etching rate of the substrate, as claimed by claim 5. The above and below italisized claim text are considered intended use claim requirements for the pending apparatus claims. Further, it has been held that claim language that simply specifies an intended use or field of use for the invention generally will not limit the scope of a claim (Walter , 618 F.2d at 769, 205 USPQ at 409; MPEP 2106). Additionally, in apparatus claims, intended use must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim (In re Casey,152 USPQ 235 (CCPA 1967); In re Otto , 136 USPQ 458, 459 (CCPA 1963); MPEP2115).
The plasma processing apparatus (Figure 1B,1C,2A.2B) according to claim 1, wherein the plasma generation unit (165, 174; Figure 1B,1C - column 5; lines 29-43) includes a first coil (179a; Figure 1C) for generating a plasma in a center area (136; Figure 1B,1C; column 10; lines 30-40) within the chamber (104; Figure 1B,1C), a second coil (179b; Figure 1C) for generating a plasma in a circumferential area (138; Figure 1B,1C; column 10; lines 30-40) within the chamber (104; Figure 1B,1C), and a power supply unit (175; Figure 1C - column 5; lines 29-43) configured to supply a high-frequency power to each of the first coil (179a; Figure 1C) and the second coil (179b; Figure 1C), the process conditions include a first setting value regarding an electric power supplied from the power supply unit (175; Figure 1C - column 5; lines 29-43) to each of the first coil (179a; Figure 1C) and the second coil (179b; Figure 1C), and the modification unit (304; Figure 2A-column 13; lines 21-35) modifies the first setting value in the Mth unit processing (Figure 2B) (M), based on the distribution information (“...light emission from a predefined plasma location...”; column 10; lines 37-50), as claimed by claim 6
The plasma processing apparatus (Figure 1B,1C,2A.2B) according to claim 6, wherein the power supply unit (175; Figure 1C - column 5; lines 29-43) includes one high-frequency power source (175; Figure 1C - column 5; lines 29-43), a matcher (380; Figure 2B; column 23; line 63-column 24; line 17) connected (line between 175,177; Figure 1C) to an output end of the high-frequency power source (175; Figure 1C - column 5; lines 29-43), and a distributor (power line between 177 and 179b; Figure 1C) connected to the matcher (380; Figure 2B; column 23; line 63-column 24; line 17) on an opposite side to the high-frequency power source (175; Figure 1C - column 5; lines 29-43) and configured to distribute a total electric power supplied from the high-frequency power source (175; Figure 1C - column 5; lines 29-43) to the first coil (179a; Figure 1C) and the second coil (179b; Figure 1C) at a predetermined distribution ratio (“first and second strengths”-column 23; line 63-column 24; line 17), the control unit (300; Figure 1B,1C,2A; column 22; line 46-column 23; line 5) configured to control the distribution ratio (“first and second strengths”-column 23; line 63-column 24; line 17) of the distributor (power line between 177 and 179b; Figure 1C), the first setting value includes the distribution ratio (“first and second strengths”-column 23; line 63-column 24; line 17), and the modification unit (304; Figure 2A-column 13; lines 21-35) modifies the distribution ratio (“first and second strengths”-column 23; line 63-column 24; line 17) in the Mth unit processing (Figure 2B) (M), based on the distribution information (“...light emission from a predefined plasma location...”; column 10; lines 37-50), as claimed by claim 7
The plasma processing apparatus (Figure 1B,1C,2A.2B) according to claim 7, wherein the modification unit (304; Figure 2A-column 13; lines 21-35) modifies the distribution ratio (“first and second strengths”-column 23; line 63-column 24; line 17) in the Mth unit processing (Figure 2B) (M) based on the distribution information (“...light emission from a predefined plasma location...”; column 10; lines 37-50), without modifying the total electric power (column 24; lines 12-17), as claimed by claim 8
The plasma processing apparatus (Figure 1B,1C,2A.2B) according to claim 1, wherein the gas supply unit (122; Figure 1B) includes a first supply unit (140; Figure 1B) configured to supply the raw material gas in a center area (136; Figure 1B,1C; column 10; lines 30-40) of the chamber (104; Figure 1B,1C), and a second supply unit (142; Figure 1B) configured to supply the raw material gas in a circumferential area (138; Figure 1B,1C; column 10; lines 30-40) of the chamber (104; Figure 1B,1C), the process conditions include a second setting value regarding the raw material gas supplied into the chamber (104; Figure 1B,1C) from each of the first supply unit (140; Figure 1B) and the second supply unit (142; Figure 1B), and the modification unit (304; Figure 2A-column 13; lines 21-35) modifies the second setting value in the Mth unit processing (Figure 2B) (M), based on the distribution information (“...light emission from a predefined plasma location...”; column 10; lines 37-50), as claimed by claim 9
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.
Claims 2-3 are rejected under 35 U.S.C. 103 as being unpatentable over Barnes; Michael et al. (US 6829056 B1) in view of Hudson; Eric A. (US 20160343580 A1). Barnes is discussed above. Barnes teaches deposition and etching processes but does not teach the claimed sequence:
The plasma processing apparatus (Figure 1B,1C,2A.2B) according to claim 1, wherein the unit processing (Figure 2B) includes a deposition step of depositing a protective film on a surface of the substrate, a protective film removal step of removing part of the protective film, to expose part of the substrate, and a substrate etching step of etching the exposed part of the substrate, and the modification unit (304; Figure 2A-column 13; lines 21-35) modifies at least a condition of the substrate etching step in the unit processing (Figure 2B) (M), based on the distribution information (“...light emission from a predefined plasma location...”; column 10; lines 37-50) (N), as claimed by claim 2
The plasma processing apparatus (Figure 1B,1C,2A.2B) according to claim 2, wherein the modification unit (304; Figure 2A-column 13; lines 21-35) further modifies a condition of the protective film removal step in the unit processing (Figure 2B) (M), as claimed by claim 3
Hudson teaches common semiconductor manufacturing recipes (abstract) including a sequence of protective film depositions and etchings (Figure 2A).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention for Barnes to add Hudson’s semiconductor manufacturing recipe to Barne’s look-up table (Claim 8, etc..).
Motivation for Barnes to add Hudson’s semiconductor manufacturing recipe to Barne’s look-up table (Claim 8, etc..) is for producing memory products as taught by Hudson ([0002], etc..).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Process control, monitoring, and metrology common to the semiconductor art include US 20210202209 A1; US 20040087152 A1; US 20190237337 A1; US 20200043710 A1; US 5540800 A; US 6503364 B1
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Examiner Rudy Zervigon whose telephone number is (571) 272- 1442. The examiner can normally be reached on a Monday through Thursday schedule from 8am through 6pm EST. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Any Inquiry of a general nature or relating to the status of this application or proceeding should be directed to the Chemical and Materials Engineering art unit receptionist at (571) 272-1700. If the examiner cannot be reached please contact the examiner's supervisor, Parviz Hassanzadeh, at (571) 272- 1435.
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/Rudy Zervigon/ Primary Examiner, Art Unit 1716