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 .
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.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-19 of U.S. Patent No. 12,068,164. Although the claims at issue are not identical, they are not patentably distinct from each other because regarding claim 1, U.S. Patent No. 12,068,164 discloses in claim 1, a method for depositing a metal nitride on a substrate in a reaction chamber comprising: at least one deposition cycle comprising: providing a pulse of a metal precursor into the reaction chamber; and providing a pulse of a nitrogen precursor into the reaction chamber; and at least one etch cycle comprising providing a pulse of an etchant source comprising VCl.sub.4 into the reaction chamber.
Regarding claims 2-11, U.S. Patent No. 12,068,164 discloses in claims 2-13,
wherein the metal nitride is vanadium nitride or titanium nitride; wherein the metal precursor comprises VCl.sub.4; wherein the nitrogen precursor comprises at least one of ammonia (NH.sub.3), hydrazine (N.sub.2H.sub.4), and an alkyl-hydrazine precursor; wherein the etchant source consists essentially of VCl.sub.4; wherein the at least one deposition cycle is repeated two or more times prior to conducting the at least one etch cycle; wherein the at least one deposition cycle and the at least one etch cycle are comprised in a deposition-etch cycle, wherein the deposition-etch cycle is repeated two or more times; wherein the substrate comprises a trench; wherein the at least one deposition cycle and the at least one etch cycle are comprised in a deposition-etch cycle, wherein the deposition-etch cycle is repeated until 95% of the volume of the trench is filled with the metal nitride without having any substantial seam or voids in the filled volume; wherein the pulse of the etchant source has a duration that is longer than a duration of the pulse of the metal precursor; wherein the method is carried out at a temperature between about 350 and about 450° C.
Regarding claim 12, U.S. Patent No. 12,068,164 discloses in claim 14, a method of filling a trench in a substrate in a reaction space with vanadium nitride comprising: providing a pulse of VCl.sub.4 to the reaction space under conditions such that VCl.sub.2 and Cl.sub.2are formed in the reaction space; removing excess VCl.sub.4 and reaction byproducts from the reaction space; and providing a pulse of a nitrogen reactant to the reaction space.
Regarding claims 13-17, U.S. Patent No. 12,068,164 discloses in claims 15-19,
wherein method is an atomic layer deposition method; wherein the method is a chemical vapor deposition method; wherein the pulse of VCl.sub.4 and the pulse of nitrogen reactant are provided to the reaction space at the same time; wherein the conditions comprise a temperature between about 350 and about 450° C; wherein the Cl.sub.2 formed in the reaction space preferentially etches vanadium nitride deposited at a top of the trench relative to vanadium nitride deposited at a bottom of the trench.
Regarding claim 18, U.S. Patent No. 12,068,164 discloses in claim 1, a method for depositing a metal nitride on a substrate in a reaction chamber comprising: at least one deposition cycle to deposit the metal nitride comprising: providing a pulse of a vanadium precursor into the reaction chamber; and providing a pulse of a nitrogen precursor into the reaction chamber; and etching the metal nitride via an etchant source, wherein the vanadium precursor and the etchant source comprise a common compound.
Regarding claims 19,20, U.S. Patent No. 12,068,164 discloses in claims 2-9, wherein the vanadium precursor and the etchant source comprise VCl.sub.4; wherein the vanadium precursor is the etchant source.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARC-ANTHONY ARMAND whose telephone number is (571)272-5178. The examiner can normally be reached 8am-5pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Steven B Gauthier can be reached at 571-270-0373. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
MARC - ANTHONY ARMAND
Primary Examiner
Art Unit 2813
/MARC-ANTHONY ARMAND/Primary Examiner, Art Unit 2813
Prosecution Insights