Prosecution Insights
Last updated: October 23, 2026
Application No. 19/274,978

FILM FORMING METHOD AND FILM FORMING APPARATUS

Non-Final OA §103
Filed
Jul 21, 2025
Priority
Jan 27, 2023 — JP 2023-010861 +1 more
Examiner
LAW, NGA LEUNG V
Art Unit
1717
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Tokyo Electron Limited
OA Round
1 (Non-Final)
56%
Grant Probability
Moderate
1-2
OA Rounds
1y 11m
Est. Remaining
76%
With Interview

Examiner Intelligence

Grants 56% of resolved cases
56%
Career Allowance Rate
314 granted / 557 resolved
-8.6% vs TC avg
Strong +20% interview lift
Without
With
+19.8%
Interview Lift
resolved cases with interview
Typical timeline
3y 2m
Avg Prosecution
32 currently pending
Career history
609
Total Applications
across all art units

Statute-Specific Performance

§101
1.0%
-39.0% vs TC avg
§103
59.7%
+19.7% vs TC avg
§102
9.3%
-30.7% vs TC avg
§112
25.9%
-14.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 557 resolved cases

Office Action

§103
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 Election/Restrictions Claims 12-13 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.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 September 14, 2026. Accordingly, the requirement is made FINAL. 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. Claims 1-3, 6-8 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Hashimoto (US20220230870) in view of Noh (US20220119939). Regarding claim 1, Hashimoto teaches a method of forming a film by atomic layer deposition (ALD) (abstract and paragraph 0017). Hashimoto teaches to provide a substrate with concave portion 200a (recess) and upper surface 200b (protrusion) (paragraphs 0054-0055, figure 4A) (preparing a substrate having a protrusion and a recess recessed from a top surface of the protrusion in a surface of the substrate). Hashimoto teaches to form a adsorption inhibition layer 300 (first film) on the top surface of the protrusion 200b, wherein the thickness of the adoption inhibition layer 300 formed on the upper portion of the concave portion (protrusion) is made larger than a thickness of the adsorption inhibition layer formed on the portion other than the upper portion of the concave portion 200a (inside of the recess) (paragraphs 0057 and 0067-0068 figure 4A) (forming a first film more thickly on the trop surface of the protrusion than on an inside of the recess). Hashimoto teaches after first the adsorption inhibition layer 300 (first film), a first layer 400 is formed by supplying a precursor to the substrate and adsorbing the precursor (raw material) on the adsorption sites existing in the concave portion 200a (paragraph 0090, figure 4B), wherein the precursor is a gas containing Cl, F, Br and I (halogen) and an main element such as Si (paragraphs 0105-0107) and other main element such as Ge, Ti, Zr, Hf (element X), wherein main element is in the film formed inside of the concave, including the second film (paragraphs 0084 and 0105) (after the forming of the first film, alternately supplying a raw material gas containing halogen and an element X other than the halogen). Hashimoto teaches modify the the first layer 400 into a second layer 500 (second film containing element X) by chemical reacting with a first reactant (paragraph 0108) wherein the first reactant is a gas (paragraphs 0049 and 0124, figure 4C) (and a reaction gas reacting with an adsorbate of the raw material gas to the surface of the substate, thereby forming a second film containing the element X). Hashimoto teaches the second film formed at the lower portion of the concave portion 2000a can be made thicker than the thickness of the second layer formed at the upper portion of the concave portion 200a (including the top surface of the protrusion) (paragraph 0139, figure 4C) (forming a second film containing the element X more thickly inside the recess than on the top surface of the protrusion). Hashimoto does not explicitly teach the first film (inhibitor layer) comprises boron. However, Noh teaches a method of improving step coverage of a film deposited on high aspect ratio apertures in a substate (abstract), wherein the first layer (inhibitor layer) comprising B (boron), Cl (chlorine), F (fluorine), Br (bromine) or I (Iodine) (abstract, paragraphs 0012-0014 and 0081). Therefore, it would have been obvious to one of ordinary skill in the art to substitute B for Cl/F/Br/I (Hashimoto’s adsorption inhibitor, paragraph 0084) as inhibitor in the method as disclosed by Hashimoto (forming a first film containing boron). Regarding claim 2, Hashimoto teaches the thickness of the first film is formed larger on the upper portion of the concave portion (top surface of the protrusion) than the portion other than the upper portion (inside the recess) (paragraph 0068, figure 4A) Regarding claim 3, Hashimoto teaches a first cycle including the forming of the first film and forming of the second film is repeated in plural number of times (paragraphs 0130-0131). Regarding claim 6, Hashimoto teaches the main element X includes a metal element (paragraphs 0084, 0105-0107). Regarding claim 7, Hashimoto teaches the main element X includes Ti, Zr, Hf, which are transition metal (paragraphs 0084, 0105-0107). Regarding claim 8, Hashimoto teaches the main element X includes Si and Ge, which are semiconductor (paragraphs 0084, 0105-0107). Regarding claim 14, Hashimoto teaches a first cycle including the forming of the first film and forming of the second film is repeated in plural number of times (paragraphs 0130-0131). Claims 4-5 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Hashimoto (US20220230870) in view of Noh (US20220119939) as applied to claims 1-3, 6-8 and 14 above, and further in view of Swaminathan (US20140134827). Regarding claim 4, Hashimoto in view of Noh teaches all limitations of these claims, except etching a portion of the second film. However, Swaminathan teaches a method of conformally depositing a dielectric oxide in high aspect ratio gaps cycle vapor deposition, such as ALD or conformal film deposition (CFD) (abstract, paragraphs 0007 and 0032), wherein an etching operation is formed on the film deposited by ALD (second film) and etching is performed by using a plasma etch (abstract, paragraphs 0050-0051 and 0071, figure 5). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to etch the second film formed by ALD as suggested by Swaminathan in the method of Hashimoto in view of Noh because Swaminathan teaches etching technique can eliminate voids and seams in the second film formed by ALD (paragraph 0026), which is desired by Hashimoto (paragraph 0020). Regarding claim 5, Hashimoto in view of Noh teaches a second cycle including the forming of the first film, the forming of the second film by ALD (paragraphs 0130-0131). Swaminathan teaches to repeat the steps of depositing (ALD), etching and deposition (ALD) to fill the gaps (pargraph 0009, 0050-0051 and 0071, figure 5). Thus, the combination of Hashimoto in view of Noh and Swaminathan teaches a second cycle including the forming of the first film, the forming of the second film, and the etching of the second film is repeated a plural number of times. Regarding claim 9, Hashimoto teaches forming of the second film includes alternately supplying the raw material gas and the reaction gas (paragraphs 0130-0131). Hashimoto in view of Noh teaches all limitations of these claims, except the reaction gas is supplied after being plasmarized. Hashimoto teaches to activate the reaction between the raw material gas and the reaction gas by heating (paragraphs 0111). However, Swaminathan teaches plasma maybe be used in conjunction with heating or as alternatives to heating the substrate in order to drive the reaction between the reactant A and B (raw material and reaction gas) in ALD, wherein plasma maybe directly or indirectly activate gas phase molecules of reactant to form reactant radicals (paragraphs 0028, 0038). Therefore, it would have been obvious to one of ordinary skill in the art to substitute plasmarized reaction gas with heating for heating only (Hashimoto’s method) as the technique to activating the reaction between raw material and the reaction gas in the method disclosed by Hashimoto in view of Noh. Claims 10-11 are rejected under 35 U.S.C. 103 as being unpatentable over Hashimoto (US20220230870) in view of Noh (US20220119939) as applied to claims 1-3, 6-8 and 14 above, and further in view of Husson (US20220220132) and Sarkar (US20210126193). Regarding claim 10, Hashimoto teaches the raw material containing an element such as Si (paragraphs 0105-0107) and other main element such as Ge, Ti, Zr, Hf (element X1), but does not teach to supply and additional raw material with element X2, to form the second film. Thus, Hashimoto in view of Noh teaches all limitations of this claim, except forming the second film comprising sequentially supplying the raw material gas containing an element X1 as the element X supply the raw material gas containing an element X2, which is different form the element X1, as the element X, and supplying the reaction gas in this order is performed once or more. However, Husson teaches a method of forming silicon containing film in the trench of the substrate by ALD to form semiconductor device (paragraphs 0002, 0107-0108, 0111 and 0142), which is similar to Hashimoto (paragraphs 0084, 0105-0107 and 0178). Husson teaches SiON/SiCN (Hashimoto’s second layer) and MSiOx (M is an element such as Hf, Zr, Ti, Ge) are functionally equivalent Si-containing film for filling the trenches in the substrate by ALD to form semiconductor device (paragraph 0142). Therefore, it would have been obvious to one of ordinary skill in the art to substitute MSiOx (M is an element such as Hf, Zr, Ti, Ge) for SiON/SiCN as the second layer material in the method as disclosed Hashimoto in view of Noh. Hashimoto in view of Noh and Husson does not explicitly teach to form MSiOx (metal silicate) by supplying raw material with element X1 and raw material with element X2 in ALD. However, Sarkar teaches a method of forming MSiOx (metal silicate) by ALD (paragraphs 0019, 0010 and 0044), wherein a metal precursor, silicon precursor and a oxidizing agent (reactant gas) are sequentially introduced into he ALD chamber and the cycle can be repeated until the desired thickness of the metal silicate is achieved (pargraph 0044). Thus, the combination of Hashimoto in view of Noh and Husson and Sarkar teaches forming the second film (SiGeOx) comprising sequentially supplying the raw material gas containing an element X1 (Si) as the element X supply the raw material gas containing an element X2 (Ge), which is different form the element X1, as the element X, and supplying the reaction gas in this order is performed once or more. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to form the metal silicate by providing the two raw materials with two different elements (Si and M/Ge) as suggested by Sarkar in the method of Hashimoto in view of Noh and Husson because Sarkar teaches such raw materials are needed to form the metal silicate by ALD (paragraph 0044). Regarding claim 11, Hashimoto teaches the raw material containing an element such as Si (paragraphs 0105-0107) and other main element such as Ge, Ti, Zr, Hf (element X1), but does not teach to supply and additional raw material with element X2, to form the second film. Thus, Hashimoto in view of Noh teaches all limitations of this claim, except forming the second film comprising sequentially supplying the raw material gas containing an element X1 as the element X supply the raw material gas containing an element X2, which is different form the element X1, as the element X, and supplying the reaction gas in this order is performed once or more. However, Husson teaches a method of forming silicon containing film in the trench of the substrate by ALD to form semiconductor device (paragraphs 0002, 0107-0108, 0111 and 0142), which is similar to Hashimoto (paragraphs 0084, 0105-0107 and 0178). Husson teaches SiON/SiCN (Hashimoto’s second layer) and MSiOx (M is an element such as Hf, Zr, Ti, Ge) are functionally equivalent Si-containing film for filling the trenches in the substrate by ALD to form semiconductor device (paragraph 0142). Therefore, it would have been obvious to one of ordinary skill in the art to substitute MSiOx (M is an element such as Hf, Zr, Ti, Ge) for SiON/SiCN as the second layer material in the method as disclosed Hashimoto in view of Noh. Hashimoto in view of Noh and Husson does not explicitly teach to form MSiOx (metal silicate) by supplying raw material with element X1 and raw material with element X2 in ALD. However, Sarkar teaches a method of forming MSiOx (metal silicate) by ALD (paragraphs 0019, 0010 and 0044), wherein a metal precursor, silicon precursor and a oxidizing agent (reactant gas) are sequentially introduced into the ALD chamber and the cycle can be repeated until the desired thickness of the metal silicate is achieved (pargraph 0044). Thus, the combination of Hashimoto in view of Noh and Husson and Sarkar teaches forming the second film (SiGeOx) comprising sequentially supplying the raw material gas containing an element X1 (Si) as the element X supply the raw material gas containing an element X2 (Ge), which is different form the element X1, as the element X, and supplying the reaction gas in this order is performed once or more. Sarkar does not explicitly teach an extra step of supplying the reaction gas after the first raw material containing an element X1. However, However, it is obvious to choose from a finite number of identified, predictable solutions, with a reasonable expectation of success (MPEP 2143 I. E.). In this case, there is only two possible solutions: supply reactant gas after supplying both raw material or supplying reactant gas after supplying each of the raw material, all of the scenarios result in the same solution of forming the second film. Thus, it would be obvious to one of ordinary skill in the art before the effectively filing date to including an extra step of supplying the reactant gas after supplying the first raw material containing X1, in light of the teaching of Sarkar. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to form the metal silicate by providing the two raw materials with two different elements (Si and M/Ge) as suggested by Sarkar in the method of Hashimoto in view of Noh and Husson because Sarkar teaches such raw materials are needed to form the metal silicate by ALD (paragraph 0044). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to NGA LEUNG V LAW whose telephone number is (571)270-1115. The examiner can normally be reached M-F 8 am - 5 pm. 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, Dah-Wei Yuan can be reached at 5712721295. 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. /NGA LEUNG V LAW/Examiner, Art Unit 1717
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Prosecution Timeline

Jul 21, 2025
Application Filed
Oct 01, 2026
Non-Final Rejection mailed — §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
56%
Grant Probability
76%
With Interview (+19.8%)
3y 2m (~1y 11m remaining)
Median Time to Grant
Low
PTA Risk
Based on 557 resolved cases by this examiner. Grant probability derived from career allowance rate.

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