Prosecution Insights
Last updated: October 01, 2026
Application No. 18/835,577

Method and Apparatus for Forming Backside Power Rails

Non-Final OA §DP
Filed
Aug 02, 2024
Priority
Feb 14, 2022 — continuation of 12/002,705 +1 more
Examiner
HAN, JONATHAN
Art Unit
Tech Center
Assignee
Applied Materials Inc.
OA Round
1 (Non-Final)
84%
Grant Probability
Favorable
1-2
OA Rounds
2m
Est. Remaining
94%
With Interview

Examiner Intelligence

Grants 84% — above average
84%
Career Allowance Rate
1078 granted / 1287 resolved
+23.8% vs TC avg
Moderate +10% lift
Without
With
+9.7%
Interview Lift
resolved cases with interview
Typical timeline
2y 4m
Avg Prosecution
23 currently pending
Career history
1303
Total Applications
across all art units

Statute-Specific Performance

§101
1.2%
-38.8% vs TC avg
§103
55.6%
+15.6% vs TC avg
§102
31.9%
-8.1% vs TC avg
§112
9.2%
-30.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1287 resolved cases

Office Action

§DP
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 1-20 of U.S. Patent No. 12,002,705 B2 (hereinafter ‘705). Although the claims at issue are not identical, they are not patentably distinct from each other because: Claim 1 Claim 1 of ‘705 A method for forming a sacrificial fill material, comprising: A method for forming a sacrificial fill material, comprising: performing an etching process on a substrate with an opening that is conformally coated with an oxide layer, wherein the etching process is an anisotropic dry etch process using a chlorine gas to remove the oxide layer from a bottom portion of the opening while preserving the oxide layer on sidewalls of the opening, performing an etching process on a substrate with an opening that is conformally coated with an oxide layer, wherein the etching process is an anisotropic dry etch process using a chlorine gas to remove the oxide layer from a bottom portion of the opening while preserving the oxide layer on sidewalls of the opening, and wherein the etching process forms a partial oxide spacer in the opening and increases a depth of the opening; and epitaxially growing the sacrificial fill material in the opening using a bottom-up fill process by flowing a hydrogen chloride gas. and wherein the etching process forms a partial oxide spacer in the opening and increases a depth of the opening; and epitaxially growing the sacrificial fill material in the opening using a bottom-up fill process by flowing a hydrogen chloride gas at a rate of approximately 60 sccm to approximately 90 sccm in a chamber pressure of approximately 1 Torr to approximately 100 Torr. Claim 1 of ‘705 encompasses the entirety of claim 1. Claim 2 Claim 2 of ‘705 The method of claim 1, wherein the sacrificial fill material is silicon, silicon germanium, silicon oxide, silicon nitride, silicon carbide, aluminum oxide, or hafnium oxide. The method of claim 1, wherein the sacrificial fill material is silicon, silicon germanium, silicon oxide, silicon nitride, silicon carbide, aluminum oxide, or hafnium oxide. Claim 3 Claim 3 of ‘705 The method of claim 2, wherein the silicon or the silicon germanium contains a dopant of boron, phosphorous, carbon, oxygen, or antimony. The method of claim 2, wherein the silicon or the silicon germanium contains a dopant of boron, phosphorous, carbon, oxygen, or antimony. Claim 4 Claim 4 of ‘705 The method of claim 2, wherein the sacrificial fill material is SiGe0.4. The method of claim 2, wherein the sacrificial fill material is SiGe0.4. Claim 5 Claim 5 of ‘705 The method of claim 1, further comprising: epitaxially growing the sacrificial fill material using a selective epitaxial growth process with a selectivity of <100> crystal plane silicon material over <110> crystal plane silicon material. The method of claim 1, further comprising: epitaxially growing the sacrificial fill material using a selective epitaxial growth process with a selectivity of <100> crystal plane silicon material over <110> crystal plane silicon material. Claim 6 Claim 6 of ‘705 The method of claim 5, wherein the selectivity of <100> crystal plane silicon material over <110> crystal plane silicon material is approximately 4:1 and greater. The method of claim 5, wherein the selectivity of <100> crystal plane silicon material over <110> crystal plane silicon material is approximately 4:1 and greater. Claim 7 Claim 7 of ‘705 The method of claim 1 performed in an integrated cluster tool without an air break or intermediate wet preclean process. The method of claim 1 performed in an integrated cluster tool without an air break or intermediate wet preclean process. Claim 8 Claim 8 of ‘705 The method of claim 1, wherein the rate of the hydrogen chloride gas is flowed at a rate of approximately 60 sccm or greater The method of claim 1, wherein the rate of the hydrogen chloride gas is approximately 70 sccm. Claim 9 Claim 9 of ‘705 The method of claim 1 performed in a process to form a backside power via for a transistor structure. The method of claim 1 performed in a process to form a backside power via for a transistor structure. Claim 10 Claim 10 of ‘705 The method of claim 1, further comprising: forming a self-aligned epitaxial source/drain structure of a transistor on the sacrificial fill material. The method of claim 1, further comprising: forming a self-aligned epitaxial source/drain structure of a transistor on the sacrificial fill material. Claim 11 Claim 11 of ‘705 A method of forming a backside power rail contact for a source/drain epitaxial (Epi) structure of a transistor, comprising: A method of forming a backside power rail contact for a source/drain epitaxial (Epi) structure of a transistor, comprising: forming an opening in a substrate; depositing a conformal layer of oxide on the substrate and in the opening; forming an opening in a substrate; depositing a conformal layer of oxide on the substrate and in the opening; performing an etching process on the substrate and the opening, wherein the etching process is an anisotropic dry etch process using a chlorine gas to remove the conformal layer of oxide from a bottom portion of the opening while preserving the oxide layer on sidewalls of the opening, and wherein the etching process forms a partial oxide spacer in the opening and increases a depth of the opening; performing an etching process on the substrate and the opening, wherein the etching process is an anisotropic dry etch process using a chlorine gas to remove the conformal layer of oxide from a bottom portion of the opening while preserving the oxide layer on sidewalls of the opening, and wherein the etching process forms a partial oxide spacer in the opening and increases a depth of the opening; epitaxially growing a sacrificial fill material in the opening using a bottom-up fill process by flowing a hydrogen chloride gas; epitaxially growing a sacrificial fill material in the opening using a bottom-up fill process by flowing a hydrogen chloride gas at a rate of approximately 60 sccm to approximately 90 sccm in a chamber pressure of approximately 1 Torr to approximately 100 Torr; forming a source/drain Epi structure on the sacrificial fill material; forming a source/drain Epi structure on the sacrificial fill material; forming a gate material on the source/drain Epi structure; forming a gate material on the source/drain Epi structure; forming at least one interconnect signal lines above the gate material; forming at least one interconnect signal lines above the gate material; flipping the substrate to reveal a backside of the substrate; flipping the substrate to reveal a backside of the substrate; removing material of the substrate to expose the sacrificial fill material; removing material of the substrate to expose the sacrificial fill material; selectively etching the sacrificial fill material to remove the sacrificial fill material; selectively etching the sacrificial fill material to remove the sacrificial fill material; and forming the backside power rail contact which is self-aligned to the source/drain Epi structure. and forming the backside power rail contact which is self-aligned to the source/drain Epi structure. All elements of claim 11 are encompassed by claim 11 of ‘705 Claim 12 Claim 12 of ‘705 The method of claim 11, wherein the sacrificial fill material is silicon germanium (SiGe). The method of claim 11, wherein the sacrificial fill material is silicon germanium (SiGe). Claim 13 Claim 13 of ‘705 The method of claim 11, further comprising: epitaxially growing the sacrificial fill material using a selective epitaxial growth process with a selectivity of <100> crystal plane silicon material over <110> crystal plane silicon material. The method of claim 11, further comprising: epitaxially growing the sacrificial fill material using a selective epitaxial growth process with a selectivity of <100> crystal plane silicon material over <110> crystal plane silicon material. Claim 14 Claim 14 of ‘705 The method of claim 13, wherein the selectivity of <100> crystal plane silicon material over <110> crystal plane silicon material is approximately 4:1 and greater. The method of claim 13, wherein the selectivity of <100> crystal plane silicon material over <110> crystal plane silicon material is approximately 4:1 and greater. Claim 15 Claim 15 of ‘705 The method of claim 11, wherein the conformal layer of oxide is an aluminum oxide material. The method of claim 11, wherein the conformal layer of oxide is an aluminum oxide material. Claim 16 Claim 16 of ‘705 The method of claim 11, wherein the hydrogen chloride gas is flowed at a rate of approximately 60 sccm or greater. The method of claim 11, wherein the rate of the hydrogen chloride gas is approximately 70 sccm. Claim 17 Claim 17 of ‘705 A non-transitory, computer readable medium having instructions stored thereon that, when executed, cause a method for forming a sacrificial fill material to be performed, the method comprising: A non-transitory, computer readable medium having instructions stored thereon that, when executed, cause a method for forming a sacrificial fill material to be performed, the method comprising: performing an etching process on a substrate with an opening that is conformally coated with an oxide layer, wherein the etching process is an anisotropic dry etch process using a chlorine gas that removes the oxide layer from a bottom portion of the opening while preserving the oxide layer on sidewalls of the opening, and wherein the etching process forms a partial oxide spacer in the opening and increases a depth of the opening; performing an etching process on a substrate with an opening that is conformally coated with an oxide layer, wherein the etching process is an anisotropic dry etch process using a chlorine gas that removes the oxide layer from a bottom portion of the opening while preserving the oxide layer on sidewalls of the opening, and wherein the etching process forms a partial oxide spacer in the opening and increases a depth of the opening; and epitaxially growing the sacrificial fill material in the opening using a bottom-up fill process by flowing a hydrogen chloride gas. and epitaxially growing the sacrificial fill material in the opening using a bottom-up fill process by flowing a hydrogen chloride gas at a rate of approximately 60 sccm to approximately 90 sccm in a chamber pressure of approximately 1 Torr to approximately 100 Torr. All elements of claim 17 are encompassed by claim 17 of ‘705 Claim 18 Claim 18 of ‘705 The non-transitory, computer readable medium of claim 17, the method further comprising: epitaxially growing the sacrificial fill material using a selective epitaxial growth process with a selectivity of <100> crystal plane silicon material over <110> crystal plane silicon material and wherein the selectivity of <100> crystal plane silicon material over <110> crystal plane silicon material is approximately 4:1 and greater. The non-transitory, computer readable medium of claim 17, the method further comprising: epitaxially growing the sacrificial fill material using a selective epitaxial growth process with a selectivity of <100> crystal plane silicon material over <110> crystal plane silicon material and wherein the selectivity of <100> crystal plane silicon material over <110> crystal plane silicon material is approximately 4:1 and greater. Claim 19 Claim 19 of ‘705 The non-transitory, computer readable medium of claim 17, wherein the method is performed in an integrated cluster tool without an air break or intermediate wet preclean process or wherein the method is performed in a process to form a backside power via for a transistor structure. The non-transitory, computer readable medium of claim 17, wherein the rate of the hydrogen chloride gas is approximately 70 sccm, wherein the method is performed in an integrated cluster tool without an air break or intermediate wet preclean process, or wherein the method is performed in a process to form a backside power via for a transistor structure. Claim 20 Claim 20 of ‘705 The non-transitory, computer readable medium of claim 17, the method further comprising: forming a self-aligned epitaxial source/drain structure of a transistor on the sacrificial fill material. The non-transitory, computer readable medium of claim 17, the method further comprising: forming a self-aligned epitaxial source/drain structure of a transistor on the sacrificial fill material. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to JONATHAN HAN whose telephone number is (571)270-7546. The examiner can normally be reached 9.00-5.00PM PST. 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 LOKE can be reached at 571-272-1657. 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. /JONATHAN HAN/Primary Examiner, Art Unit 2818
Read full office action

Prosecution Timeline

Aug 02, 2024
Application Filed
Sep 01, 2026
Non-Final Rejection mailed — §DP (current)

Precedent Cases

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
84%
Grant Probability
94%
With Interview (+9.7%)
2y 4m (~2m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1287 resolved cases by this examiner. Grant probability derived from career allowance rate.

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