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 .
Status of Application
Claims 1-9 are pending and presented for examination.
Response to Arguments
Applicant's arguments filed 6/26/2026 have been fully considered but they are not persuasive.
Applicant argues that Pore does not teach forming a SiCN layer directly on the substrate. However, the Examiner disagrees, and notes that the substrate is not defined in the claim. Furthermore, a SiN layer over a base is considered a substrate and then when the SiCN layer is applied it is being applied directly to a substrate. Therefore, the Examiner maintains that the prior art teaches forming a SiCN layer directly on a substrate, as the substrate of the claim does not exclude a SiN layer being a substrate.
Applicant argues that Pore teaches that the SiCN layer is formed using a hydrogen plasma and the claim requires thermally treating the substrate without providing an RF power. However, the Examiner notes that Pore specifically teaches that the deposition cycles of SiN and SiCN can be thermal ALD (column 7, lines 14-33) and not require a plasma treatment (the plasma treatment is optional, see abstract), and that a plasma treatment is also optional following a completed plurality of complete deposition cycles (abstract). Therefore, the Examiner maintains that Pore teaches a thermal only ALD process for forming the SiCN and SiN layers that is conducted without providing an RF power. Additionally, the claim does not exclude an RF powered plasma treatment process as part of forming the SiCN layer that is distinct from the thermal treatment step that is done without providing an RF power. Therefore, the rejections of record are maintained.
With respect to new claim 9, the Examiner notes that Pore teaches that the deposition of the film (which includes the subcycles of SiN and SiCN deposition) is conducted at a single temperature (column 11, lines 17-32).
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.
1. Claim(s) 1, 2, 4, 7 and 9 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Pore (U.S. Pat. No. 10515794).
Regarding claims 1, 2, 4, 7 and 9, Pore teaches a film forming method (abstract) comprising: repeating the steps of forming a SiN layer on a substrate and a SiCN layer on the SiN layer on the substrate a number of times to form a laminate film (Figure 1 and column 7, lines 14-33, note that repeating this process will result in forming a SiCN layer on the substrate followed by a SiN layer over the SiCN layer). Pore teaches forming the SiCN layer from a first silicon raw material comprising a Si-C-Si bond (column 8, lines 43-50) and a first nitriding agent (step 110, Figure 1), such as ammonia (column 8, lines 65-67), and forming the SiN layer from a chlorosilane second silicon raw material (column 8, lines 15-28) and second nitriding agent (step 104, Figure 1), which can be ammonia (column 8, lines 29-33). Pore teaches that forming the SiCN layer and the SiN layer can be by a thermal ALD process that doesn’t include providing an RF power (column 11, lines 17-32). Additionally, Pore teaches forming the SiCN layer including exposing the substrate to a plasma generated from hydrogen gas (Figure 5 and column 18, lines 4-6) after the step of thermally treating the substrate without providing an RF power (abstract). Pore also teaches conducting the deposition process at a single temperature (column 11, lines 17-18). Finally, Pore teaches performing the supplying of the first silicon raw material, the second silicon raw material and the first and second nitriding agent a selected number of times (column 7, lines 34-39 and lines 60-62) which will inherently control the film stress of the resulting laminate. Pore teaches all the critical limitations of claims 1, 2, 4, 7 and 9; therefore, Pore anticipates the claims.
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.
2. Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pore.
Regarding claim 3, Pore teaches all the limitations of claim 1 (see above), but fails to teach forming the SiCN layer at a temperature of 500-580 ºC. However, Pore does teach forming the SiCN at a temperature of 300-600 ºC (see Pore at claim 3) which overlaps with the claimed range. Furthermore, overlapping ranges are prima facie evidence of obviousness.
3. Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pore as applied to claim 1 above, and further in view of Chandra et al. (U.S. PGPUB No. 2018/0023192).
Regarding claim 5, Pore teaches all the limitations of claim 1, including a first silicon raw material comprising a Si-C-Si unit for forming a SiCN layer, but fails to explicitly teach the material being 1,1,3,3-tetrachloro-1,3-disilacyclobutane. However, Chandra teaches the use of 1,1,3,3-tetrachloro-1,3-disilacyclobutane (0013 and 0133) as a silicon precursor for forming a SiCN layer (abstract). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Pore’s process by using 1,1,3,3-tetrachloro-1,3-disilacyclobutane as the silicon precursor. One would have been motivated to make this modification as Chandra teaches that the specific use of a cyclic carbosilane provides improved properties by providing a high carbon content in the deposited film (0026).
4. Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pore as applied to claim 1 above, and further in view of Oyama et al. (U.S. PGPUB No. 2022/0238335).
Regarding claim 6, Pore teaches all the limitations of claim 1 (see above), as well as the second silicon raw material being a halosilane (column 8, lines 15-22), but fails to teach the material specifically being dichlorosilane.
However, Oyama similarly teaches forming both SiN and SiCN layers (abstract and Figure 3), wherein the material for forming the SiN layer includes precursors, such as dichlorosilane (0027). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute dichlorosilane for Pore’s generic halosilane. One would have been motivated to make this modification as one could have made this substitution with a reasonable expectation of success (particularly given that Pore and Oyama are teaching similar processes for forming SiCN and SiN layers and any particular halosilane would be expected to provide similar properties), and the predictable result providing a silicon precursor for a SiN layer.
5. Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pore in view of Oyama.
Regarding claim 8, Pore teaches a film forming apparatus (column 9, lines 14-16) comprising: a chamber configured to contain the substrate (column 9, lines 14-34); and a showerhead configured to supply the silicon raw materials and the nitriding agents into the chamber (the showerhead is a type of nozzle) (column 9, lines 34). Additionally, Pore teaches the apparatus designed to form a SiCN and SiN laminate by repeatedly forming the SiCN and SiN layers from first and second silicon raw materials and a nitriding agent, wherein the first silicon raw material includes a Si-C-Si bond (see above) and the layers are done by a thermal ALD process without providing RF power (see above). Pore fails to explicitly teach the apparatus including a controller which controls the gas nozzle to perform the steps of forming the laminate.
However, Oyama teaches a similar process for forming a SiN and SiCN layer (see above). Additionally, Oyama teaches a single apparatus designed for providing both layers (Figure 1 and claim 19), the apparatus including a controller for controlling a gas supply part to form the SiCN layer and the SiN layer on the SiCN layer (claim 20). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Pore’s apparatus by including Oyama’s controller to allow for controlling the flow of gases to perform Pore’s process. One would have been motivated to make this modification to simplify Pore’s apparatus and allow for automating and controlling the gas flow to yield the desired arrangement of the layers and the number of the layers to be deposited.
Conclusion
Claims 1-9 are pending.
Claims 1-9 are rejected.
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/ROBERT S WALTERS JR/
August 3, 2026Primary Examiner, Art Unit 1717
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