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 .
Claim 11 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as
being drawn to a nonelected group II, there being no allowable generic or linking claim.
Election was made without traverse in the reply filed on 01/26/26.
Applicant's election without traverse of group I in the reply filed on 01/26/26 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 5 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. It is not clear how the functional group selectively adsorbs on metal film or to the precursor gas when both of the first and the second functional group are thiol.
Claim Rejections - 35 USC § 103
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.
Claims 1, 3-10 are rejected under 35 U.S.C. 103 as being unpatentable over Shuji Shinonome et al (Japanese Patent: 2021125607, here after 607), further in view of Yoshinori Nakano et al (Japanese Patent: 2005053116, here after 116).
Claim 1 is rejected. 607 teaches a film forming method, comprising:
preparing a substrate (15) having a metal film (11) formed on a surface of a first area
and a first insulating film (12) formed on a surface of a second area [fig. 2B, page 4
lines 3-6, page 3 last three paragraphs];
forming a self-assembled monolayer (13) of an organic compound in the first
area [fig. 2C, page 4 lines 24-26] by supplying, to a surface of the substrate, a gas
containing the organic compound having a chain portion [CH3(CH2) X CH2SH, X = 1 ~
18, page 4 lines 27-29], a first functional group provided at one end of the chain portion,
and a second functional group provided at a remaining end of the chain portion [page 4
last 2 paragraphs];
forming a second insulating film in the second area by supplying a precursor gas
and a reaction gas to the surface of the substrate [page 5, paragraphs 2-3, paragraph 5-
6]; and
removing the self-assembled monolayer formed in the first area [page 5
paragraph 4]. 607 teaches the first functional group(thiol) is a functional group which
selectively adsorbs to the metal film, but 607 does not teach the second functional
selectively adsorbs to the precursor gas. 116 teaches a method of depositing self-
assembled monolayer on metal surface, where it comprising COOH(CH2) n SH,
wherein n is 3-30(organic compound having a chain portion) [abstract]. Therefore, it
would have been obvious to one of ordinary skill in the art at the time of the invention
was made to have a method of 607, where self-assembly layer comprising COOH(CH2)
n SH, because it can be substitute as self -assembly monolayer on metal surface for
607 with expectation of success.
Claim 3 is rejected. 607 teaches the first functional group includes thiol [page 4
lines 27-29].
Claim 4 is rejected for the same reason claim 1 is rejected above. 116 teaches the second functional group includes carboxylic acid.
Claim 5 is rejected as 116 teaches second functional group comprising thiol as well [fig. 1].
Claim 6 is rejected. 607 teaches the precursor gas includes trimethyl aluminum,
trialkyl aluminum [page 5 paragraph 6].
Claim 7 is rejected. 116 teaches the chain portion is an alkyl chain, and a number
of carbon atoms in the alkyl chain is 3-30 [page 4 lines 27-29].
Claim 8 is rejected for the same reason claim 7 is rejected above. Although 116
does not teach the number of carbon atoms in the alkyl chain is 10 or less, however
teaches the number of carbon atoms in the alkyl chain is 3-30. Overlapping ranges are
prima facie evidence of obviousness. It would have been obvious to one having
ordinary skill in the art to have selected the portion of [overlapping range] that
corresponds to the claimed range. In re Malagari, 182 USPQ 549 (CCPA 1974).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the
invention was made to have a method of 607 where the carbon atoms in the alkyl chain
is 10 or less, because an ordinary skill in the art can select the portion of overlapping
range that corresponds to the claimed range in absence of criticality.
Claim 9 is rejected for the same reason claim 1 is rejected above. 607 teaches
forming the second insulating film in the second area includes repeating (ALD) a cycle
including supplying the precursor gas (TMA) to the surface of the substrate such that
the precursor gas is adsorbed to a surface of the first insulating film in the second area
and supplying the reaction gas to the surface of the substrate such that the reaction gas
reacts with the precursor gas [page 5 paragraph 6, page 6 paragraph 7]. 607 and 116
both teach thiol functional group adsorb on surface of metal, and carboxylic acid
functional group of 116 as the second function group adsorb on a surface of the self-
assembled monolayer in the first area, where adsorb the precursor gas (TMA).
Claim 10 is rejected. 607 teaches the processing is performed on a plurality of
substrates in parallel to complete the selective film formation processing of a
predetermined number of substrates [page 10 lines 13-14], therefor the forming the self-
assembled monolayer in the first area, the forming the second insulating film in the
second area, and the removing the self-assembled monolayer formed in the first area
are repeated.
Response to Arguments
Applicant's arguments filed 06/18/26 have been fully considered but they are not persuasive. The applicant argues combination of 607 and 116 is not proper. The examiner disagrees; 607 and 611 both teach forming SAM on metal when metal is copper. Furthermore, the entire three layers of 611 can be substitute for 607 with three layers [fig. 1 when the substrate is copper rather than gold).
In response to applicant's argument that 116 is nonanalogous art, it has been held that a prior art reference must either be in the field of the inventor’s endeavor or, if not, then be reasonably pertinent to the particular problem with which the inventor was concerned, in order to be relied upon as a basis for rejection of the claimed invention. See In re Oetiker, 977 F.2d 1443, 24 USPQ2d 1443 (Fed. Cir. 1992). In this case, both od 607 and 116 are related to formation of self-assembly layer on a metal(copper) surface.
The applicant argument regarding reaction of IPA and carboxyl group at upper surface of the SAM is not persuasive as esterification of carboxyl group and alcohol require strong acid catalyst which is not exist here.
The applicant argument regarding non-bonding terminals of 607 vs hydrophilic terminals of 611 is not persuasive as substituting 611 terminal in 607, does not result 607 not to function. Furthermore although 607 is related to gas phase and 611 is related to liquid, however an ordinary skill in art can perform 611 in vapor phase as well.
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 TABASSOM TADAYYON ESLAMI whose telephone number is (571)270-1885. The examiner can normally be reached M-F 9:30-6.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Gordon Baldwin can be reached at 5712725166. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TABASSOM TADAYYON ESLAMI/Primary Examiner, Art Unit 1718
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