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 .
Election/Restrictions
Applicant’s election without traverse of the method claims 1-7 in the reply filed on 8/31/26 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.
Claim 7 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 7 indirectly depends on claim 5 and recites the broader recitation “the removal of the phosphorus-doped silicon film”, while the claim 5 recites “wherein the phosphorus-doped silicon film is a phosphorus-doped polysilicon film” which is the narrower statement of the range/limitation. The claim(s) are considered indefinite and fail to further limit the subject matter of the claim upon which it depends because claim 7 includes the broader limitation “the removal of the phosphorus-doped silicon film”. It is suggested to use “the removal of the phosphorus-doped polysilicon film”. For the purpose of examination, it is considered to be “the removal of the phosphorus-doped polysilicon film”.
Claim Rejections - 35 USC § 102
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 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) 1-4 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Khazaka et al. (US 2021/0254238A1).
With respect to claims 1, 2, Khazaka describes a method for etching phosphorus-doped silicon layer comprising: providing a substrate 200 having a phosphorus-doped silicon layer on undoped silicon film 202 (para 74, 84; fig. 2)
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; etching the phosphorus-doped silicon layer with Cl2, which is the same etching gas as that of claimed invention providing selective etching of the phosphorus-doped silicon (para 84, 90).
With respect to claim 3, the deposition of phosphorus-doped silicon film with silicon-containing gas and phosphorus-containing gas with a CVD system (para 75, 77).
With respect to claim 4, the exposed surface of the undoped silicon film 202, which is also exposed to the phosphine during the deposition; therefore, it is expected that some of the phosphine would modify the undoped silicon film 202 (para 78).
Claim(s) 1-3 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Kim (KR20210031414A).
With respect to claims 1, 2, Kim describes a method comprising: providing a substrate including undoped silicon wafer 110; a phosphorus doped polysilicon hard mask 130 or claimed phosphorus-doped silicon film being exposed over the undoped silicon wafer 110; etching the phosphorus doped mask 130 with a interhalogen compound gas including chlorine and fluorine, which are the same type of gases used by the invention providing selective etching of the phosphorous doped polysilicon (page 3, fig. 2a)
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.
With respect to claim 3, the phosphorus-doped polysilicon film is formed with using a silicon-containing and phosphorus gas by using CVD (page 3).
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.
Claim(s) 1, 2, 4-6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tanigawa (KR 100230903B1) and further in view of Kim (KR20210031414A).
With respect to claims 1, 2, 4-6, Tanigawa describes a method comprising providing a silicon substrate 1 including an undoped polysilicon film, either the silicon substrate 1 or the undoped polysilicon would provide undoped silicon film, and modifying the undoped polysilicon film or claimed undoped silicon film with phosphorus by ion implantation or thermally diffusion to form phosphorus-doped polysilicon film; selectively etching the doped-polysilicon film to form stack capacitor storage electrode 12 (page 16). Unlike claimed invention, Tanigawa doesn’t teach etching the phosphorus-doped polysilicon with a halogen including chlorine. Kim describes an etching method for a phosphorus doped polysilicon hard mask 130 or claimed phosphorus-doped silicon film being exposed over the undoped silicon wafer 110. The etching of the phosphorus doped mask 130 comprises a interhalogen compound gas including chlorine and fluorine, which are the same type of gases used by the invention providing selective etching of the phosphorous doped polysilicon (page 3, fig. 2a)
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. It would have been obvious for one skilled in the art before the effective filing date of the invention to etch the phosphorus-doped polysilicon in light of Kim because he teaches known process that has been successfully etch the phosphorus-doped polysilicon and it would facilitate Tanigawa’s etching step of the phosphorus-doped polysilicon with expected results.
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tanigawa and Kim as applied to claim 2 above, and further in view of Khazaka et al. (US 2021/0254238A1).
With respect to claim 3, Tanigawa doesn’t teach providing the phosphorus-doped polysilicon film by CVD using silicon and phosphorus containing gases. However, it is well known to one skilled in art to form a phosphorus-dopoed polysilicon film with CVD as shown here by Khazaka, who teaches the deposition of phosphorus-doped silicon film with silicon-containing gas and phosphorus-containing gas with a CVD system (para 75, 77). Therefore, it would have been obvious for one skilled in the art before the effective filing date of the invention to use any known method without changes its function, in this case using CVD to provide phosphorus-doped silicon film with silicon-containing gas and phosphorus-containing gas, with expected results.
Allowable Subject Matter
Claim 7 is 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. Claim 7 is allowed because the applied prior art above doesn’t teach etching/removal of the phosphorus-doped polysilicon film includes maintaining the substrate at a temperature between 200 degrees C and 400 degrees C, inclusive.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DUY VU NGUYEN DEO whose telephone number is (571)272-1462. The examiner can normally be reached 9-5 M-F.
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/DUY VU N DEO/Primary Examiner, Art Unit 1713
10/1/2026
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