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 .
Election/Restrictions
Applicant’s election of species c is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Claims 10-11 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 5/28/26.
Claim Rejections - 35 USC § 102
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) 1-5, 18-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Akae (US 2012/0045905 A1).
Akae teaches a method for forming a film by performing a cycle a predetermined number of times (Fig. 3). The cycle includes supplying DCS and HCD (first precursor and addition agent) to form a layer (Step 1) and supplying oxygen to modify the layer (Step 3) (Id.). The DCS is the first precursor, and by addition of the HCD, the first precursor is modified to tetrachlorosilane [0045]. The tetrachlorosilane is more chemically stable relative to DCS due to the replacement of Si-H bonds with Si-Cl bonds. The Si-Cl bond is known to have higher bond energy and the reaction includes thermal decomposition to produce an intermediate that reacts with the addition agent to form the more stable compound (Id.). The resulting activation energies of each of these compounds are deemed inherent.
Claim 18:
For making a semiconductor device [0003].
Claims 19-20:
The apparatus and controller [0054-0061].
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) 6-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Akae (US 2012/0045905 A1).
Akae is discussed above but does not explicitly recite the precursor exposure amounts or the relative ratios. However, does make it clear that the supply amount of the precursor gasses and the relative ratios are result effective variables [0079]. 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 Akae and arrive at suitable precursor exposure amounts and relative ratios through routine optimization.
Claim(s) 12-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Akae (US 2012/0045905 A1) in view of Spence (US 2013/0196082 A1).
Akae is discussed above but does not teach an alkoxyaminosilane precursor. It is noted that Akae is open to other silicon precursors [0088]. Additionally, Spence teaches alkoxyaminosilane precursors that can be used in combination with other silicon-containing precursors [0061]. The alkoxyaminosilane has better reactivity and deposits high density materials at low temperature [0043]. 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 Akae and use alkoxyaminosilane as one of the precursors because Spence states it is suitable to do so.
Conclusion
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.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/ALEX A ROLLAND/Primary Examiner, Art Unit 1759
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