DETAILED ACTION
Claims 1-20 are pending before the Office for review.
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
Claims 182-0 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.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 June 1, 2026.
Applicant’s election without traverse of Group I (claims 1-17 in the reply filed on June 1, 2026 is acknowledged.
Claim Rejections - 35 USC § 103
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.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
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.
Claims 1-17 are rejected under 35 U.S.C. 103 as being unpatentable over DOLE et al (U.S. Patent Application Publication 2023/0260798) in view of CITLA et al (U.S. Patent Application Publication 2018/0005850).
With regards to claim 1, Dole discloses a method for manufacturing semiconductor devices, comprising:(a) providing a structure in a chamber, wherein the structure comprising a plurality of first layers and a plurality of second layers alternately stacked on top of one another (Figure 1A-1D);(b) exposing the structure to a first gas, thereby removing one or more portions of a topmost one of the plurality of second layers that was intact through a mask;(c) exposing the structure to a second gas; and (d) exposing the structure to the first gas, thereby removing portions of the topmost first layer (Paragraphs [0028]-[0031], [0044]-[0063] discloses providing a substrate comprising mask 104, 154 and alternating layer 103, 102 and 153, 152, wherein etching sub steps 207a and 207b are repeated until the desired depth is reach and the plurality of layers are etched, each step having its own processing conditions) .
Doles does not explicitly disclose exposing a structure to a second gas thereby converting one or more portions of a topmost one of the plurality of first layers that was intact and exposing the structure to the first gas, thereby removing the one or more converted portions of the topmost first layer.
Citla discloses a method of selective etch using material modification and etching gas wherein the material modification with a gas comprising oxygen is alternated by an etching operation using a precursor comprising a fluorocarbon and hydrofluorocarbon to etch silicon containing materials including silicon oxide and silicon nitride (Paragraphs [0005]-[0006], [0029]-[037], [0047]-[0048]). As such Dole as modified by Citla renders obvious exposing a structure to a second gas thereby converting one or more portions of a topmost one of the plurality of first layers that was intact and exposing the structure to the first gas, thereby removing the one or more converted portions of the topmost first layer.
It would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date of the invention to modify the method of Dole to include the modification as rendered obvious by Citla because the reference of Citla teaches that such modification also for improved etching selectivity (Paragraph [0012]) and one of ordinary skill in the art prior to the effective filing date of the invention would have had a reasonable expectation of predictably achieving the desired etching using the modification and etching cycle as rendered obvious by Citla. MPEP 2143D
With regards to claim 11, Dole discloses a method for manufacturing semiconductor devices, comprising: providing a structure in a chamber, wherein the structure comprising a first layer disposed over a substrate and a second layer disposed over the first layer; forming a mask over the structure (Figure 1A-1D);etching, through the mask, one or more portions of the second layer using a first gas to expose one or more portions of the first layer; exposing the one or more exposed portions of the first layer using a second gas; and etching, through the mask, the one or more converted portions of the first layer using the first gas. (Paragraphs [0028]-[0031], [0044]-[0063] discloses providing a substrate comprising mask 104, 154 and alternating layer 103, 102 and 153, 152, wherein etching sub steps 207a and 207b are repeated until the desired depth is reach and the plurality of layers are etched, each step having its own processing conditions) .
Doles does not explicitly disclose converting, through the mask, the one or more exposed portions of the first layer using a second gas; and etching, through the mask, the one or more converted portions of the first layer using the first gas.
Citla discloses a method of selective etch using material modification and etching gas wherein the material modification with a gas comprising oxygen is alternated by an etching operation using a precursor comprising a fluorocarbon and hydrofluorocarbon to etch silicon containing materials including silicon oxide and silicon nitride (Paragraphs [0005]-[0006], [0029]-[037], [0047]-[0048]). As such Dole as modified by Citla renders obvious converting, through the mask, the one or more exposed portions of the first layer using a second gas; and etching, through the mask, the one or more converted portions of the first layer using the first gas.
It would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date of the invention to modify the method of Dole to include the modification as rendered obvious by Citla because the reference of Citla teaches that such modification also for improved etching selectivity (Paragraph [0012]) and one of ordinary skill in the art prior to the effective filing date of the invention would have had a reasonable expectation of predictably achieving the desired etching using the modification and etching cycle as rendered obvious by Citla. MPEP 2143D
With regards to claim 2, the modified teaching of Dole renders obvious repeating the step (c) and the step (d) until one or more portions of a bottommost one of the plurality of first layers are removed through the mask. (Dole Paragraphs [0031], [0055]-[0063] discloses repeating the etching steps 207a and 207b until the desired depth is reach and the plurality of layers are etched).
With regards to claims 3 and 12, the modified teachings of Dole renders obvious wherein the first layers each include polysilicon, and the second layers each include silicon oxide. (Dole Paragraphs [0012], [0025], [0030]).
With regards to claims 4 and 13, the modified teachings of Dole renders obvious wherein, in the step (c), the one or more converted portions of the topmost first layer include silicon oxide. (Dole Paragraph [0028]).
With regards to claims 5 and 14, the modified teachings of Dole renders obvious wherein the first layers each include silicon nitride, and the second layers each include silicon oxide. (Dole Paragraphs [0025], [0028]-[0029]).
With regards to claims 6 and 15, the modified teachings of Dole renders obvious wherein, in the step (c), the one or more converted portions of the topmost first layer include silicon oxide. (Dole Paragraph [0028]).
With regards to claim 7, the modified teachings of Dole renders obvious wherein the steps (b) to (d) are performed in the chamber. (Citla Paragraphs [0028], [0051]-[0054] discloses performing the modifying and etching in the same chamber).
With regards to claims 8 and 16, the modified teachings of Dole renders obvious wherein the first gas includes fluoro-carbons, hydro- fluoro-carbons, or combinations thereof, and the second gas includes O2, CO2, CO, SO2, or combinations thereof. (Dole Paragraphs [0049]-[0053], Citla Paragraph [0031] disclose oxygen is a modifying gas).
With regards to claims 9 and 17, the modified teachings of Dole renders obvious wherein, in the step (c), a first bias power is applied for providing the first gas, and, in the step (d), a second bias power is applied for providing the second gas, and wherein a difference between the first bias power and the second bias power is equal to or less than 650 W. (Citla Paragraphs [0034]-[0037] discloses the modification bias ma be between about 10 to 250 Watts and the etching bias 1000 Watts or less rendering obvious wherein a difference between the first bias power and the second bias power is equal to or less than 650 W). In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976). MPEP 2144.05(I)
With regards to claims 10, the modified teachings of Dole renders obvious forming the mask over the structure; wherein the mask exposes the one or more portions of the topmost second layer, with the topmost first layer disposed right there below. (Dole Paragraphs [0012], [0025]-[0030] discloses mask 104, 154 and alternating layer 103, 102 and 153, 152).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEPHANIE P. DUCLAIR whose telephone number is (571)270-5502. The examiner can normally be reached 9-6:30 M-F.
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/STEPHANIE P DUCLAIR/Primary Examiner, Art Unit 1713
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