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 without traverse of group II, claims 12-20, in the reply filed on 5/21/26 is acknowledged. Since the election is made without traverse, the restriction is deemed as proper and therefore made FINAL. Claims 1-11 are withdrawn from consideration.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claim(s) 12-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al (US 2020/0339617).
Per claims 12-14, 20, Kim discloses a method of depositing a film, the method comprising: exposing a substrate surface to an organometallic precursor and an iodine-containing reactant to form a carbon-less [0102] metal-containing film [0014]-[0016]. The organometallic precursor is similar to formula (1) wherein M is ruthenium and has a benzene ring, wherein R or R’ may be selected from hydrogen, methyl, ethyl, etc. [0082]; [0094].
Kim does not explicitly disclose the organometallic precursors of formula (I), (II), (III), or (IV).
Kim discloses that ligand L can be a neutral ligand having 1-4 double bonds, can include structures including nitrogen and oxygen, carbonyl groups [0081] and R1-R6 on the benzene ring are independently of one another hydrogen or C1-C7 alkyl [0082].
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to use an organometallic precursor of at least formulas (I), (II), and (IV) as a suitable alternative to the those explicitly disclosed in Kim since these compounds would fall within the general guidelines for the ligand of L set forth in Kim.
Claim(s) 15-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al (US 2020/0339617) in view of Thenappan et al (US 2011/0198756).
Per claims 15-19, Kim is silent regarding the claimed precursor containing the claimed compounds as M. However, Thenappan teaches an organometallic precursor and its related deposition process, wherein M comprises Os, Tc, Mn, etc., [0020]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the present invention to use precursors compounds of Thenappan in the process of Kim since these were known metalorganic precursors suitable for vapor deposition.
Claim(s) 12, 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yu et al (US 2019/0390340) in view of Naik et al (US 2015/0348902).
Per claims 12 and 20, Yu discloses an organometallic precursor with a structure [0101], wherein M may be tungsten [0102]-[0103]. Yu does not disclose an organometallic precursor of the general formulae III or IV. Naik discloses an organometallic precursor wherein M may be ruthenium or tungsten [0039] and includes carbonyl compounds and ligand L. The precursor may have 2 carbonyl moieties and multiple L ligands which can be the same or different. L may be substituted cyclopentadienyl, dialkenes, nitrosyl, etc. [0042].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the present invention to use precursors of Naik in the process of Yu since these were known metalorganic precursors suitable for vapor deposition.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NATHAN T. LEONG whose telephone number is (571)270-5352. The examiner can normally be reached M-F 10:00-6:00pm.
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/NATHAN T LEONG/ Primary Examiner, Art Unit 1718
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