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 .
DETAILED ACTION
Claims 1-20 are pending in this application, which is a CON of Serial Number 17/467590, now US Patent 12,211,742.
Specification
Applicant is reminded of the proper content of an abstract of the disclosure.
A patent abstract is a concise statement of the technical disclosure of the patent and should include that which is new in the art to which the invention pertains. The abstract should not refer to purported merits or speculative applications of the invention and should not compare the invention with the prior art.
If the patent is of a basic nature, the entire technical disclosure may be new in the art, and the abstract should be directed to the entire disclosure. If the patent is in the nature of an improvement in an old apparatus, process, product, or composition, the abstract should include the technical disclosure of the improvement. The abstract should also mention by way of example any preferred modifications or alternatives.
Where applicable, the abstract should include the following: (1) if a machine or apparatus, its organization and operation; (2) if an article, its method of making; (3) if a chemical compound, its identity and use; (4) if a mixture, its ingredients; (5) if a process, the steps.
Extensive mechanical and design details of an apparatus should not be included in the abstract. The abstract should be in narrative form and generally limited to a single paragraph within the range of 50 to 150 words in length.
See MPEP § 608.01(b) for guidelines for the preparation of patent abstracts.
It is noted that the claimed invention is directed to a method. The examiner suggests amending the abstract to reflect same.
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
It is noted that the claimed invention is directed solely to a method. The examiner suggests amending the title to reflect same.
The disclosure is objected to because of the following informalities listed below. Appropriate correction is required.
In paragraph 0001, the lineage should be updated to reflect maturation into a US Patent.
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
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 14 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.
In claim 14 lines 1-2, the word “list” is confusing. The applicant appears to be invoking Markush terminology and hence, the word should be --group--.
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.
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.
Claims 1, 4-9, 11-14, 16, 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Antonelli et al. (2011/0244694) in view of Balseanu et al. (2009/0263972) and Blanquart (10,388,513).
Antonelli teaches a method of depositing conformal boron nitride films (title) by chemical vapor deposition of a boron-containing film on a substrate with at least a portion of the deposition being conducted without a plasma and then exposing the deposited film to a plasma (abstract). A precursor containing boron, hydrogen, and nitrogen such as borazine is used in the deposition of a boron containing film in addition to a gas phase nitrogen source such as a ammonia or nitrogen (0019-0021). Additional gases such as noble gases can be utilized (0024). In addition, a plasma can be used during the deposition process (0017). It is noted that the plasma reads on activating the precursor. However, the reference fails to teach a substrate with a gap.
Balseanu teaches a boron nitride deposition method (title) in which a substrate having a substrate surface is used (0011). In one embodiment, boron nitride is deposited on patterned substrate because boron nitride has good gap fill properties (0101). It would have been obvious to deposit boron nitride on a substrate having features in Antonelli depending on the desired film product with the expectation of success because Balseanu teaches that boron nitride has a good gap fill properties.
In addition, the reference fails to teach a growth faster at the bottom than the sidewalls and the top surface. Blanquart teaches a method for depositing silicon-free carbon-containing film as gap-fill layer by pulse plasma-assisted deposition (title) by introducing a precursor into a chamber to fill a bottom of a trench and fill the trench (col.3 lines 20-42). Specifically, a precursor and a reactant gas are introduced into and reacted in a reaction chamber (col.5 lines 7-44) and grows at the bottom of a gas at least approximately 1.5 times faster than growth on sidewalls of the gas and a top surface having the gap (col.6 lines 13-28). It would have been obvious to deposit the boron nitride at the claimed ratio with the expectation of success because Blanquart teaches of growing at the bottom at least 1.5 times faster than the sidewalls and top.
Regarding claim 4, Antonelli teaches borazine (0020).
Regarding claim 5, Antonelli teaches a temperature from 25oC to 500oC (0042).
Regarding claims 6-7, Antonelli teaches argon (0025).
Regarding claim 8, Antonelli teaches pulsed boron precursor and continuous ammonia and pulsed plasma (Figure 4) and ALD (0028).
Regarding claim 9, Antonelli doesn’t disclose any other gases.
In independent claim 11, the applicant requires a chamber having a susceptor and walls, an inert gas, and a precursor having activation temperatures. Antonelli teaches a wafer pedestal (0042) an inert gas (0023), and borazine (0020).
With respect to the walls, Antonelli teaches a plasma processing chamber (0017), which inherently has walls.
Regarding claim 12, Antonelli teaches borazine (0020).
Regarding claim 13-14, Blanquart teaches an argon carrier gas (col.13 lines 7-25).
Regarding claim 16, Antonelli teaches gas lines (0043), showerhead (0004), and a pump (0044). Antonelli also teaches a temperature from 25oC to 500oC (0042).
Regarding claim 18, Antonelli teaches 10 Torr (0044), which is 1333 Pa.
Regarding claim 19, the applicant requires entirely filling the gap. Balseanu teaches boron nitride has good gap fill properties (0101). Given Balseanu’s teaching, to fill the gap entirely would have been obvious depending on the desired final product.
Regarding claim 20, Balseanu teaches curing (0084-0089).
Claims 2-3 are rejected under 35 U.S.C. 103 as being unpatentable over Antonelli et al. (2011/0244694) in view of Balseanu et al. (2009/0263972) and Blanquart (10,388,513) and further in view of Harada et al. (2016/0079056). The combination of Antonelli/Balseanu/Blanquart fails to teach the appropriate precursor formula.
Harada teaches a method of manufacturing a semiconductor device (title) by forming a film using a borazine-based gas (abstract). In one embodiment, different borazine formulas can be used (0017 and Figures 10A-10D) including the formula recited in Figure 10B. It would have been obvious to utilize the borazine chemical formula recited in Harada in the combination with the expectation of success because Harada teaches borazine with the claimed formula.
Regarding claim 3, Harada teaches Cl (0154).
Claims 10, 15 are rejected under 35 U.S.C. 103 as being unpatentable over Antonelli et al. (2011/0244694) in view of Balseanu et al. (2009/0263972) and Blanquart (10,388,513) and further in view of Matter et al. (2013/0087071). The combination of Antonelli/Balseanu/Blanquart fails to teach a dopant precursor.
Matter teaches of producing boron nitride nanoparticles using a precursor comprising boron, nitrogen, and hydrogen (abstract) in which a dopant precursor is utilized (0051). It would have been obvious to utilize a dopant precursor in the combination depending on the desired final product with the expectation of success because Matter teaches of using a dopant precursor to form boron nitride.
Regarding claim 15, Matter teaches of using a dopant precursor (0051).
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Antonelli et al. (2011/0244694) in view of Balseanu et al. (2009/0263972) and Blanquart (10,388,513) and further in view of Martin III et al. (2009/0263581). The combination of Antonelli/Balseanu/Blanquart fails to teach a cold trap.
Martin teaches of coating with boron nitride (title) in which a cold trap is utilized (0055-0059). It would have been obvious to utilize a cold trap in the combination with the expectation of success because Martin teaches of coating with boron nitride using a cold trap.
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 1-23 of U.S. Patent No. 12,211,742. Although the claims at issue are not identical, they are not patentably distinct from each other because a plasma is an activation step.
Blanquart teaches a method of filling a gap comprising: introducing in a reaction chamber a substrate provided with a gap; introducing a precursor into the reaction chamber, the precursor consisting of boron, nitrogen, hydrogen, and optionally one or more halogens; introducing a co-reactant into the reaction chamber, wherein the co-reactant is selected from a nitrogen-containing gas, a hydrogen-containing gas, a boron-containing gas, a noble gas, and mixtures thereof; and, introducing a plasma in the reaction chamber; whereby the precursor and the co-reactant react to form a gap filling fluid that at least partially fills the gap, the gap filling fluid comprising boron, nitrogen, and hydrogen, wherein the gap filling fluid solidifies to form deposited material, and wherein a growth of the deposited material at a bottom of the gap is at least 1.5 times faster than a growth on sidewalls of the gap and on a top surface having the gap (claim 1), which is similar to pending claim 1. However, the reference fails to explicitly teach an activation step.
It is noted that Blanquart teaches of introducing a plasma, which is an activation step. To utilize the broad step of activation would have been obvious given the use of a plasma in the cited reference.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRET CHEN whose telephone number is (571)272-1417. The examiner can normally be reached M-F 8:30-8:30 MT.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Gordon Baldwin can be reached at (571) 272-5166. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BRET P CHEN/Primary Examiner, Art Unit 1718 03/09/2026