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 .
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The information disclosure statement (IDS) submitted on 09/30/2024 was filed before the mailing date of the first action on the merits. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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).
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Claims 1-20 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-19 of U.S. Patent No. 12,148,614. Although the claims at issue are not identical, they are not patentably distinct from each other because similar subject matter is claimed:
‘614 Instant
1. (Previously presented) A substrate processing method, comprising
(a) forming a first layer containing silicon on a substrate by performing a first layer forming cycle once or more, wherein the first layer forming cycle comprises:
(al) supplying a first element-containing gas containing a first element other than silicon to the substrate; and
(a2) supplying a first reducing gas to the substrate a plurality of times;
(a') supplying a first silicon-containing gas to the substrate,
wherein (al) and (a2) are sequentially performed in the first layer forming cycle; and
(b) forming a second layer on the first layer by performing a second layer forming cycle once or more after (a), wherein the second layer forming cycle comprises:
(b1) supplying a second element-containing gas to the substrate; and
(b2) supplying a second reducing gas to the substrate,
wherein (b1) and (b2) are sequentially performed in the second layer forming cycle.
1. A substrate processing method, comprising
(a) forming a first layer containing silicon on a substrate by performing a first cycle once or more, wherein the first cycle comprises:
(a1) supplying a first element-containing gas containing a first element other than silicon to the substrate;
(a2) supplying a first reducing gas to the substrate non-simultaneously with (a1); and
(a3) supplying a first silicon-containing gas to the substrate; and
(b) forming a second layer on the first layer by performing a second cycle once or more after (a), wherein the second cycle comprises:
(b1) supplying a second element-containing gas to the substrate; and
(b2) supplying a second reducing gas to the substrate.
2. (Previously presented) The method of claim 1, wherein (a') is started while (al) is performed.
2. The method of claim 1, wherein (a3) is started while (al) is performed.
3. (Previously presented) The method of claim 1, wherein (a’) is performed after (al) is completed.
3. The method of claim 1, wherein (a3) is performed after (al) is completed.
4. (Previously presented) The method of claim 2, wherein (a') continues to be performed after (al) is completed.
4. The method of claim 2, wherein (a3) continues to be performed after (a1) is
completed.
5. (Previously presented) The method of claim 1, wherein (a') is performed
after (a2) is completed.
5. The method of claim 1, wherein (a3) is performed after (a2) is completed.
6. (Previously presented) The method of claim 1, wherein the first layer
forming cycle further comprises
(a5) purging a space where the substrate is accommodated during a time
interval between each of the times of supplying the first reducing gas and a next time
of supplying the first reducing gas in (a2).
6. The method of claim 1, wherein the first cycle further comprises (a4) purging a space where the substrate is accommodated during a time interval between each of the times of supplying the first reducing gas and a next time of supplying the first reducing gas in (a2).
7. (Previously presented) The method of claim 6, wherein (a5) comprises:
(a51) supplying an inert gas to the substrate; and
(a52) exhausting the space, wherein (a51) and (a52) are sequentially performed in (a5).
7. The method of claim 6, wherein (a4) comprises: (a41) supplying an inert gas to the substrate; and (a42) exhausting the space, wherein (a41) and (a42) are sequentially performed in (a5).
8. (Previously presented) The method of claim 1, wherein the first layer
forming cycle further comprises
(a6) performing a sub-cycle a plurality of times after (a2), wherein the sub-
cycle comprises:
(a61) supplying an inert gas to the substrate; and
(a62) exhausting a space where the substrate is accommodated.
8. The method of claim 1, wherein the first cycle further comprises
(a5) performing a sub-cycle a plurality of times after (a2), wherein the sub-cycle comprises:
(a51) supplying an inert gas to the substrate; and
(a52) exhausting a space where the substrate is accommodated.
9. (Previously presented) The method of claim 1, wherein the second layer
forming cycle further comprises
(b3) supplying a second silicon-containing gas to the substrate,
wherein (b3) is started while (b1) is performed.
9. The method of claim 1, wherein the second cycle further comprises
(b3) supplying a second silicon-containing gas to the substrate,
wherein (b3) is started while (b1) is performed.
10. (Previously presented) The method of claim 1, wherein the second layer
forming cycle further comprises
(b3) supplying a second silicon-containing gas to the substrate,
wherein (b3) is performed after (b1) is completed.
10. The method of claim 1, wherein the second cycle further comprises (b3) supplying a second silicon-containing gas to the substrate, wherein (b3) is performed after (b1) is completed.
11. (Original) The method of claim 9, wherein (b3) continues to be performed
after (b1) is completed.
11. The method of claim 9, wherein (b3) continues to be performed after (b1) is completed.
12. (Original) The method of claim 1, wherein the first layer forming cycle is repeatedly performed in (a) until a thickness of the first layer is equal to or greater than 5 Å.
12. The method of claim 1, wherein the first cycle is repeatedly performed in (a) until a thickness of the first layer is equal to or greater than 5 Å.
13. (Previously presented) The method of claim 1, wherein the first element
contained in the first element-containing gas is same as a second element contained
in the second element-containing gas.
13. The method of claim 1, wherein the first element contained in the first element- containing gas is same as a second element contained in the second element-containing gas.
14. (Previously presented) The method of claim 1, wherein the first element
contained in the first element-containing gas is different from a second element
contained in the second element-containing gas.
14. The method of claim 1, wherein the first element contained in the first element- containing gas is different from a second element contained in the second element-containing gas.
15. (Original) The method of claim 1, wherein the number of times of
performing the first layer forming cycle in (a) is smaller than the number of times of
performing the second layer forming cycle in (b).
15. The method of claim 1, wherein the number of times of performing the first cycle in (a) is smaller than the number of times of performing the second cycle in (b).
16. (Currently Amended) A substrate processing apparatus, comprising: a gas supplier configured to supply a first element-containing gas containing a first element other than silicon, a first reducing gas, a first silicon-containing gas, a second element-containing gas and a second reducing gas to a substrate; and a controller configured to be capable of controlling the gas supplier to perform:
(a) forming a first layer containing silicon on [[a]]the substrate by performing a first layer forming cycle once or more, wherein the first layer forming cycle comprises:
(a1) supplying the first element-containing gas to the substrate; and
(a2) supplying the first reducing gas to the substrate a plurality of times;
(a') supplying the first silicon-containing gas to the substrate,
wherein (al) and (a2) are sequentially performed in the first layer forming cycle; and
(b) forming a second layer on the first layer by performing a second layer forming cycle once or more after (a), wherein the second layer forming cycle comprises:
(b1) supplying the second element-containing gas to the substrate; and
(b2) supplying the second reducing gas to the substrate,
wherein (b1) and (b2) are sequentially performed in the second layer forming cycle.
16. A substrate processing apparatus, comprising:
a gas supplier configured to supply a first element-containing gas containing a first element other than silicon, a first reducing gas, a first silicon-containing gas, a second element- containing gas and a second reducing gas to a substrate; and
a controller configured to be capable of controlling the gas supplier to perform:
(a) forming a first layer containing silicon on the substrate by performing a first cycle once or more, wherein the first cycle comprises:
(al) supplying the first element-containing gas to the substrate;
(a2) supplying the first reducing gas to the substrate non-simultaneously with (al); and
(a3) supplying the first silicon-containing gas to the substrate; and
(b) forming a second layer on the first layer by performing a second cycle once or more after (a), wherein the second cycle comprises:
(b1) supplying the second element-containing gas to the substrate; and
(b2) supplying the second reducing gas to the substrate.
17. (Previously presented) A non-transitory computer-readable recording medium storing a program that causes, by a computer, a substrate processing apparatus to perform: (a) forming a first layer containing silicon on a substrate by performing a first layer forming cycle once or more, wherein the first layer forming cycle comprises:
(al) supplying a first element-containing gas containing a first element other than silicon to the substrate; and
(a2) supplying a first reducing gas to the substrate a plurality of times;
(a') supplying a first silicon-containing gas to the substrate,
wherein (al) and (a2) are sequentially performed in the first layer forming cycle; and
(b) forming a second layer on the first layer by performing a second layer forming cycle once or more after (a), wherein the second layer forming cycle comprises:
(b1) supplying a second element-containing gas to the substrate; and
(b2) supplying a second reducing gas to the substrate,
wherein (b1) and (b2) are sequentially performed in the second layer forming cycle.
17. A non-transitory computer-readable recording medium storing a program that causes, by a computer, a substrate processing apparatus to perform:
(a) forming a first layer containing silicon on a substrate by performing a first cycle once or more, wherein the first cycle comprises:
(a1) supplying a first element-containing gas containing a first element other than silicon to the substrate; and
(a2) supplying a first reducing gas to the substrate non-simultaneously with (al); and
(a3) supplying a first silicon-containing gas to the substrate; and
(b) forming a second layer on the first layer by performing a second cycle once or more after (a), wherein the second cycle comprises:
(b1) supplying a second element-containing gas to the substrate; and
(b2) supplying a second reducing gas to the substrate.
18. (Previously presented) The method of claim 1, wherein the second layer is free of silicon.
18. The method of claim 1, wherein the second layer is free of silicon.
19. (Previously presented) A method of manufacturing a semiconductor device,
comprising forming the semiconductor device by performing the method of claim 1.
19. A method of manufacturing a semiconductor device, comprising forming the semiconductor device by performing the method of claim 1.
In regards to the above, the instant application renumbers step (a’) as (a3) and omits wherein steps a1 and a2 are performed sequentially. One of ordinary skill in the art before the filing date of the claimed invention, to not perform the deposition cycles sequentially, because this is conventionally done in the art to perform other additional process steps between deposition steps such as a purge or an additional surface cleaning, a heat treatment and/or an oxidation treatment.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL LEBENTRITT whose telephone number is (571)272-1873. The examiner can normally be reached IFP Mon- Fri 8:30 am- 6 pm.
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MICHAEL . LEBENTRITT
Primary Examiner
Art Unit 2893
/MICHAEL LEBENTRITT/Primary Examiner, Art Unit 2893