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 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.
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.
Claim(s) 1-23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Illiberi (US 2021/0301394).
Claims 1-3, 6-9, 13, 18:
Illiberi teaches a method for selective deposition on substrates having a silicon oxide surface (claimed “first surface”) and a metal surface (claimed “second surface”) [0033-0039] by silyating the silicon oxide surface with a silylation agent [0040]. The silylation agent is selected from chlorosilane, alkoxysilane, silyl halide, or nitrogen-bearing silane [0040].
Illiberi does not teach a silylation agent having an oxygen group and nitrogen/halogen group in a single embodiment. However, Illiberi does teach these functional groups separately used for the same purpose.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to practice the method of Illiberi using a silylation agent having both alkoxy groups and halogen/amine groups. Illiberi establishes that both of these groups are used in conjunction with a silicon-based inhibitor and combining them would have been expected to function in substantially the same manner.
Claims 4-5:
The surface to be passivated can be a metal oxide surface [0040] which are disclosed to include TaN [0037].
Claims 10-12, 14-16, 22-23:
A silylation agent having both alkoxy groups and halogen/amine groups means the number of alkoxy groups can be from 1-3 and the number of halogen/amine groups can be from 1-3. The amine group can be a tertiary amine [0041]. The R groups are C1-C4 [0041-0042].
Claim 17:
Temperature is 100-300°C [0044].
Claims 19, 21:
It is the case that silicon oxide (the target material) is deposited on the inhibited first surface [0192].
Claim 20:
A passivation blocking layer can also be added to the metal surface [0176]. Both are disclosed as being selective, so the order of deposition can be reversed and still achieve inhibition/passivation of both surfaces.
Response to Arguments
Applicant's arguments filed 1/29/26 have been fully considered but they are not persuasive.
Illiberi [0042] explains that the silylating agents comprise R (alkyl groups) and A (any ligand which is reactive with the silicon oxide surface) as an explanation for the purpose of each of the functional groups. While this general formula specifies 3 R groups and 1 A group, we can see that multiple A groups are taught in [0040] the trichloro silylating agent (OD-TCS). Additionally, the possible A groups are specifically listed (chloro, alkoxy, amine, etc.) and are considered functional equivalents for the purpose of reacting with the silicon oxide surface. In sum, Illiberi renders obvious silylating agents having 1-3 A groups that are selected from the listed functional groups having reactivity with the silicon oxide surface.
Conclusion
THIS ACTION IS MADE FINAL. 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 ALEX A ROLLAND whose telephone number is (571)270-5355. The examiner can normally be reached M-F 10-6:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Curtis Mayes can be reached at 5712721234. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ALEX A ROLLAND/Primary Examiner, Art Unit 1759
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