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 with traverse of claims 1-10 in the reply filed on 7/21/2026 is acknowledged. The traversal is on the ground(s) that the searches of the method and apparatus would overlap and would not produce an undue burden. This is not found persuasive because the two claim sets have separate classifications in the art and would encompass different search terms and areas. As such, an undue burden exists. Claims 11-20 have been withdrawn as being drawn to a non-elected invention.
The requirement is still deemed proper and is therefore made FINAL.
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 10 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. Claim 10 includes that the flowrate of the precursor gas is constant. However, it does not distinguish this with a time limit. Is the flowrate to be constant throughout the deposition of the nucleation layer, during the pulse length, or during the entire process of claim 1? Clarification in the claims is required.
Claim Rejections - 35 USC § 102
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 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) 1-4 and 6-10 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zope et al. (US 2019/0067094 A1).
As to claim 1, Zope teaches injecting a molybdenum-containing precursor (MCP) into a processing chamber at a processing temperature less than or equal to 450 degrees Celsius (para 0040, 0061); generating a plasma from a precursor gas that includes hydrogen, or a reduction gas (plasma contains nitrogen gas in para 0083); forming a molybdenum nucleation layer on a substrate within the processing chamber using the plasma and the MCP (para 0083); and depositing a metal containing layer over the molybdenum nucleation layer, wherein the metal containing layer comprises molybdenum (para 0097, Fig. 1).
As to claim 2, the molybdenum nucleation layer is formed on a dielectric material formed on a surface of the substrate (Fig. 1, para 0040).
As to claim 3, the dielectric vias are filled with the nucleation layer and metal layer in Figs 4A-4B, paras 0093-0097, for example.
As to claim 4, the metal containing layer is deposited over the molybdenum nucleation layer using a thermal deposition process at the processing temperature less than or equal to 450 degrees Celsius in para 0098.
As to claim 6, a pressure within the processing chamber is in a range of 0.5 to 50 Torr in para 0063.
As to claim 7, the substrate may include many of the claimed materials in paras 0046-0049.
As to claim 8, the processing temperature is less than or equal to 450 degrees Celsius is greater than or equal to 200 degrees Celsius in para 0061.
As to claim 9, the molybdenum precursor is as claimed in para 0031-0033.
As to claim 10, the flow rate is as broadly claimed in para 0073.
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.
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) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zope et al.
Claim 5 includes that the plasma be used in the deposition of the nucleation layer and the metal layer. In para 0084, Zope uses a reducing plasma to deposit the nucleation layer. In para 0105-0106, Zope teaches using a reducing plasma to deposit the metal layer. It would have been obvious to one of ordinary skill in the art the use the same plasma in the nucleation and reducing layers given the teaching in Zope as Zope teaches they have the same function.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KELLY M GAMBETTA whose telephone number is (571)272-2668. The examiner can normally be reached M-F 9-5:30.
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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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KELLY M. GAMBETTA
Primary Examiner
Art Unit 1718
/KELLY M GAMBETTA/ Primary Examiner, Art Unit 1718
