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 .
Response to Arguments
Applicant’s arguments with respect to the pending claims have been considered as to the point that Kanbe et al. (US 2010/0308261, hereafter Kanbe ‘261) and Blakeney (US 2022/0170155, hereafter Blakeney ‘155) do not teach that the halogen compound comprises one or more selected from the claimed group but are moot based on the new grounds of rejection.
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, 9, and 11-14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Barry et al. (U.S. Patent Application Publication 2012/0323008, hereafter Barry ‘008).
Claims 1-4: Barry ‘008 teaches an activator comprising a halogen compound comprising ethyl iodide for substituting a ligand in a precursor material ([0229]).
With respect to the limitations “wherein the activator activates a laminated film from one or more precursor compounds selected from” the claimed list, “wherein the thin film is prepared by using the precursor compound represented by Chemical Formula 1”, “wherein the thin film is applied to formation of the thin film for use as” one of the claimed uses, and, in Chemical Formula 1, L1, L2, L3, and L4 are the claimed structures, it is noted that these limitations are recitations of an intended use of the ethyl iodide, and there is no indication that said intended use requires a different structure than the ethyl iodide of Barry ‘008 or that the ethyl iodide of Barry ‘008 would be incapable of said intended use. A recitation of the intended use of the claimed invention 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. See MPEP 2111.02.II.
Claims 9, 12, and 14: Barry ‘008 teaches a method of forming a thin film for a semiconductor device (abstract, [0002], [0003]) comprising:
injecting a halogenated activator compound comprising ethyl iodide into a chamber to substitute a ligand of a precursor on a surface of a substrate ([0225], [0229]).
With respect to claim 12, Barry ‘008 also reads on the semiconductor substrate fabricated by this method.
With respect to claim 14, Barry ‘008 also reads on the semiconductor device fabricated by this method.
Claim 11: Barry ‘008 teaches that the thin film can comprise a tungsten film ([0230]).
Claim 13: Barry ‘008 teaches that the thin film can comprise two layers ([0230]).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRADFORD M GATES whose telephone number is (571)270-3558. The examiner can normally be reached Monday-Friday 9-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joshua Allen can be reached at (571) 270-3176. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BG/
/JOSHUA L ALLEN/Supervisory Patent Examiner, Art Unit 1713