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 .
This Office Action is in response to the Applicant’s communication filed on April 11, 2025. In virtue of this communication, claims 1-20 are currently presented in the instant application.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 04/11/2025 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).
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 1-3, 7-8, 10-11, 13-14 and 16 of U.S. Patent No. 12,300,900.
Although the claims at issue are not identical, they are not patentably distinct from each other because the above indicated claims of the instant application are either anticipated by, or would have been obvious over, the above identified claims of the above patent, including:
As claim 1: A method, comprising: placing a semiconductor device in a chamber, wherein the semiconductor device comprises an oxide layer; providing, after placing the semiconductor device in the chamber, ammonia gas and nitrogen fluoride gas into the chamber; igniting plasma in the chamber, after providing the ammonia gas and the nitrogen fluoride gas into the chamber, to cause an ammonium fluoride gas to be formed; and enabling the ammonium fluoride gas to be deposited onto the oxide layer (see claims 1-2 of the above patent).
As claim 2: The method of claim 1, wherein the nitrogen fluoride gas is nitrogen trifluoride gas (see claim 13 of the above patent).
As claim 3: The method of claim 1, wherein a mixture of the ammonia gas and the nitrogen fluoride gas provided into the chamber satisfies a ratio range or a ratio threshold (see claim 3 of the above patent).
As claim 4: The method of claim 3, wherein more than 15% and up to 20% of the mixture includes the nitrogen fluoride gas. However, this difference is not patentable merit since the percentage of the nitrogen fluoride gas of the mixture can be selected depending on a particular application or environment of use. Thus, the percentage between 15% to 20% of the nitrogen fluoride gas in a mixture would have been deemed obvious to a person skilled in the art.
As claim 5: The method of claim 1, wherein a fluorine ion gas is formed in the plasma in the chamber based on igniting the plasma (se claim 11 of the above patent).
As claim 6: The method of claim 1, wherein a hydrogen fluoride gas is formed in the chamber based on igniting the plasma (see claim 14 of the above patent).
As claim 7: The method of claim 1, further comprising: increasing an amount of the plasma to be provided to the chamber to cause an increase in production of the ammonium fluoride gas (see claim 13 of the above patent).
As claim 8: A tool, comprising: one or more devices configured to: place a semiconductor device in a chamber, wherein the semiconductor device comprises an oxide layer; provide, after placing the semiconductor device in the chamber, ammonia gas and nitrogen fluoride gas into the chamber; ignite plasma in the chamber, after providing the ammonia gas and the nitrogen fluoride gas into the chamber, to cause an ammonium fluoride gas to be formed; and enable the ammonium fluoride gas to be deposited onto the oxide layer (see claim 16 of the above patent).
As claim 9: The tool of claim 8, wherein the nitrogen fluoride gas is nitrogen trifluoride gas (see claim 16 of the above patent).
As claim 10: The tool of claim 8, wherein a mixture of the ammonia gas and the nitrogen fluoride gas provided into the chamber satisfies a ratio range or a ratio threshold (see claim 3 of the above patent).
As claim 11: The tool of claim 10, wherein more than 15% and up to 20% of the mixture includes the nitrogen fluoride gas. However, this difference is not patentable merit since the percentage of the nitrogen fluoride gas of the mixture can be selected depending on a particular application or environment of use. Thus, the percentage between 15% to 20% of the nitrogen fluoride gas in a mixture would have been deemed obvious to a person skilled in the art.
As claim 12: The tool of claim 8, wherein a fluorine ion gas is formed in the plasma in the chamber based on igniting the plasma (see claim 11 of the above patent).
As claim 13: The tool of claim 8, wherein a hydrogen fluoride gas is formed in the chamber based on igniting the plasma (see claim 14 of the above patent).
As claim 14: The tool of claim 8, wherein the one or more devices are further configured to: increase an amount of the plasma to be provided to the chamber to cause an increase in production of the ammonium fluoride gas (see claim 13 of the above patent).
As claim 15: A method, comprising: placing a semiconductor device in a chamber, wherein the semiconductor device comprises an oxide layer; providing, after placing the semiconductor device in the chamber, ammonia gas and nitrogen fluoride gas into the chamber; igniting plasma in the chamber, after providing the ammonia gas and the nitrogen fluoride gas into the chamber, to cause an ammonium fluoride gas to be formed; enabling the ammonium fluoride gas to be deposited onto the oxide layer; and increasing an internal temperature of the chamber (see claims 1-2 and 8 of the above patent).
As claim 16: The method of claim 15, wherein a protection layer, formed based on the ammonium fluoride gas being deposited on the oxide layer, is decomposed based on increasing the internal temperature of the chamber (see claim 2 of the above patent).
As claim 17: The method of claim 15, wherein the internal temperature of the chamber is increased to cause a temperature of the semiconductor device to be at least 90 degrees Celsius (see claim 8 of the above patent).
As claim 18: The method of claim 15, further comprising: removing one or more gasses formed based on increasing the internal temperature of the chamber (see claim 7 of the above patent).
As claim 19: The method of claim 18, wherein the one or more gasses include one or more of ammonia gas, hydrogen fluoride gas, or silicon tetrafluoride gas (see claim 2 of the above patent).
As claim 20: The method of claim 15, further comprising: forming a metal layer over a source/drain region of the semiconductor device after increasing the internal temperature of the chamber (see claim 10 of the above patent).
Claims 1-7 and 15-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-3, 8-11 and 14-15 of U.S. Patent No. 11,232,947.
Although the claims at issue are not identical, they are not patentably distinct from each other because the above indicated claims of the instant application are either anticipated by, or would have been obvious over, the above identified claims of the above patent, including:
As claim 1: A method, comprising: placing a semiconductor device in a chamber, wherein the semiconductor device comprises an oxide layer; providing, after placing the semiconductor device in the chamber, ammonia gas and nitrogen fluoride gas into the chamber; igniting plasma in the chamber, after providing the ammonia gas and the nitrogen fluoride gas into the chamber, to cause an ammonium fluoride gas to be formed; and enabling the ammonium fluoride gas to be deposited onto the oxide layer (see claims 1-2 of the above patent).
As claim 2: The method of claim 1, wherein the nitrogen fluoride gas is nitrogen trifluoride gas (see claim 14 of the above patent).
As claim 3: The method of claim 1, wherein a mixture of the ammonia gas and the nitrogen fluoride gas provided into the chamber satisfies a ratio range or a ratio threshold (see claim 3 of the above patent).
As claim 4: The method of claim 3, wherein more than 15% and up to 20% of the mixture includes the nitrogen fluoride gas. However, this difference is not patentable merit since the percentage of the nitrogen fluoride gas of the mixture can be selected depending on a particular application or environment of use. Thus, the percentage between 15% to 20% of the nitrogen fluoride gas in a mixture would have been deemed obvious to a person skilled in the art.
As claim 5: The method of claim 1, wherein a fluorine ion gas is formed in the plasma in the chamber based on igniting the plasma (see claim 11 of the above patent).
As claim 6: The method of claim 1, wherein a hydrogen fluoride gas is formed in the chamber based on igniting the plasma (see claim 15 of the above patent).
As claim 7: The method of claim 1, further comprising: increasing an amount of the plasma to be provided to the chamber to cause an increase in production of the ammonium fluoride gas (see claim 14 of the above patent).
As claim 15: A method, comprising: placing a semiconductor device in a chamber, wherein the semiconductor device comprises an oxide layer; providing, after placing the semiconductor device in the chamber, ammonia gas and nitrogen fluoride gas into the chamber; igniting plasma in the chamber, after providing the ammonia gas and the nitrogen fluoride gas into the chamber, to cause an ammonium fluoride gas to be formed; enabling the ammonium fluoride gas to be deposited onto the oxide layer; and increasing an internal temperature of the chamber (see claims 1-2 and 8 of the above patent).
As claim 16: The method of claim 15, wherein a protection layer, formed based on the ammonium fluoride gas being deposited on the oxide layer, is decomposed based on increasing the internal temperature of the chamber (see claim 2 of the above patent).
As claim 17: The method of claim 15, wherein the internal temperature of the chamber is increased to cause a temperature of the semiconductor device to be at least 90 degrees Celsius (see claim 8 of the above patent).
As claim 18: The method of claim 15, further comprising: removing one or more gasses formed based on increasing the internal temperature of the chamber (see claim 7 of the above patent).
As claim 19: The method of claim 18, wherein the one or more gasses include one or more of ammonia gas, hydrogen fluoride gas, or silicon tetrafluoride gas (see claim 2 of the above patent).
As claim 20: The method of claim 15, further comprising: forming a metal layer over a source/drain region of the semiconductor device after increasing the internal temperature of the chamber (see claims 9-10 of the above patent).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Prior art Guarini et al. – US 9,177,787
Prior art Kiehlbauch et al. – US 9,005,473
Prior art Takahashi et al. – US 8,569,120
Prior art Ueda et al. – US 2016/0284532
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/TUNG X LE/Primary Examiner, Art Unit 2845 October 9, 2026
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