APPLICATION NO.
`
`10/065,277
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`I.’-NI'I‘ED S'l‘A'|‘l£S l)EPAR'l.‘MEN'I‘ OF COMMERCE
`United States Patent and Trademark Oifice
`Address: COMMISSIONER FOR PATENTS
`l".O. Hm M50
`Alcxxndria, \’in_:inin 22313-I450
`ww\v.usplo.gm‘
`
`FILING DATE
`
`0.9/'30.’2002
`
`FlR$’l‘ NAMED (NV!-JNTOR
`
`A'IT()RNl-LY DOCKET NO.
`
`CONFIRM-\'I‘)ON N0.
`
`Roman Czhisrynkov
`
`Z0.-V-001
`
`5690
`
`
`
`RAUSCI-IENBACH PATENT LAW GROUP, LLC
`PO. BOX 387
`BEDFORD MA 01730
`
`»
`
`MCDONALD. RODNEY GLENN
`
`I753
`
`DATE MAILED: 05/27/2005
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`PTO-90C (Re-v. I0/'03)
`
`INTEL ‘I010
`
`INTEL 1010
`
`

`
`Applicant(s)
`10/065,277
`CHlSTYAKOV, ROMAN
`
`
` Office Action Summary
`
`Art Unit
`
`1753
`Rodney G. McDonald
`-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`Application No.
`
`Examiner
`
`A SHORTENED STATUTORY PERIOD FOR REPLY lS SET TO EXPIRE § MONTH(S) FROM
`THE MAILING DATE OF THIS COMMUNICATION.
`Extensions of time may be available under the provisions of 37 CFR 1.136(a).
`after SIX (6) MONTHS from the mailing date of this communication.
`lfthe period for reply specified above is less than thirty (30) days, a reply within the statutory minimum of thirty (30) days will be considered timely.
`-
`If No period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHS from the mailing date of this communication.
`-
`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three months after the mailing date of this communication, even if timely filed. may reduce any
`earned patent term adjustment. See 37 CFR 1.704(b).
`
`in no event, however, maya reply be timely filed
`
`Status
`
`1)|Z Responsive to communication(s) filed on 24 February 2005.
`
`2a)E| This action is FINAL.
`2b)C] This action is non-final.
`_3)D Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under Ex parte Quayle, 1935 C.D. 11, 453 O.G. 213.
`
`Disposition of Claims
`
`4)® Claim(s) 1) is/are pending in the application.
`
`4a) Of the above c|aim(s) :_ is/are withdrawn from consideration.
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`5)l:l Claim(s) : is/are allowed.
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`6)lZ Claim(s) L51) is/are rejected.
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`7)|:| Claim(s) _ is/are objected to.
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`8)|:l Claim(s) j are subject to restriction and/or election requirement.
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`Application Papers
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`9)l] The specification is objected to by the Examiner.
`
`10)L'_'l The drawing(s) filed on ? is/are: a)|:| accepted or b)|] objected to by the Examiner.
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`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121(d).
`
`11)[:] The oath or declaration is objected to by the Examiner. Note the attached Office Action orform PTO-152.
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`Priority under 35 U.S.C. § 119
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`12)[] Acknowledgment is made of a claim forforeign priority under 35 U.S.C. § 119(a)-(d) or (f).
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`a)[:| All
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`b)l:] Some * c)l:] None of:
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`1.[:l Certified copies of the priority documents have been received.
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`21:] Certified copies of the'pn'ority documents have been received in Application No. _j.
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`3.l:l Copies of the certified copies of the priority documents have been received in this National Stage
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`application from the International Bureau (PCT Rule 17.2(a)).
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`* See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment(s)
`
`1) |:] Notice of References Cited_(PTO-892)
`2) El Notice of Draftsperson’s Patent Drawing Review (PTO-948)
`3) D Information Disclosure Statement(s) (PTO-1449 or PTO/SB/08)
`Paper No(s)/Mail Date
`‘.
`U.S. Patent and Trademark Office
`
`4) [:1 Interview Summary (PTO-413)
`PaPef N°($)/Ma" 0319- j -
`5) El Notice of Informal Patent Application (PTO-152)
`6) D Other:
`.
`
`PTOL-326 (Rev. 1-04)
`
`Office Action Summary
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`Part of Paper No./Mail Date 20050525
`
`M/~
`
`

`
`Application/Control Number: 1(')/065,277
`Art Unit: 1753
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`Page 2
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`DETAILED ACTION
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`Claim Rejections - 35 USC § 102
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`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 —
`
`(b)‘the invention was patented or described in a printed publication in this or a foreign country or in public
`use or on sale in this country, more than one year prior to the date of application for patent in the United
`States.
`
`Claims 1, 5-10, 13, 14, 16, 19, 20, 22-31, 34, 37, 38 and 40-50 are rejected
`under 35 U.S.C. 102(b) as being anticipated by Kouznetsov (WO 98/4053.2).
`Kouznetsov teach in Fig. 2 a magnetron sputtering device. The sputtering
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`device has a sputtering chamber 1 and a target 9. The substrate 13 is attached to
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`some electrically isolating support 15 atthe end of a wall. -(Page 8 lines 29-37;
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`Column 9 lines 1-6) A magnet or magnets 17 are mounted so that the north pole or
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`poles are arranged at the periphery of the target and the south pole or poles at the
`center of the target 9. One electrode, the anode, is formed by the electrically
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`conducting walls 5 of the housing 3, which e.g. can be grounded. The other
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`electrode, the cathode, is formed by the target 9, which is thus negatively biased in
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`relation to the anode. The substrate 13 can have some neutral electric potential. A gas
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`inlet for a suitable gas to be ionized such as argon is indicated at 21. (Page 9 lines 7-
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`20) It should be noted that the anode and cathode always have a gap in order to create
`the plasma.
`(Applies to Applicant's claim 41)
`
`~ When increasing the voltage form zero and on between the anode 5 and the
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`cathode 9, there will for some applied voltage appear an electric glow discharge. The
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`

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`Application/Control Number: 10/065,277
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`Page 3
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`Art Unit: 1753
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`gas in the region between the anode and the cathode will be partly ionized by
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`electrons. The electrons will be somewhat trapped or confined by the magnetic field
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`primarily moving in the areas of low magnetic field intensity. (Page 9 lines 21-25)
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`inherently ground state atoms exist because the gas is not ionized initially. Electrons
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`are needed to ionize in the partially ionized state and the fully ionized state discussed
`below.
`(Applies to Applicant’s claims 42, 43, 46 and 48)
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`A An electric discharge occurs between the cathode and the anode producing
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`electrons trapped in the magnetic field by cooperation of the electric field produced by
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`the applied voltage. (Page 4 lines 27-31)
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`V
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`When increasing the voltage and current more, therewill appear the state
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`comprising completely ionized plasma region 27, the region being stationary located
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`above the surface of the target 9 and having a larger extension laterally, in the direction
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`of the surface of the target 9 than the regions 23 of high electron and ion density used in
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`ordinary sputtering. This state is made possible by the arrangernent of the electric
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`and magnetic fields crossing each other in the magnetron configuration.
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`Furthermore, in this state, owing to the considerable extension and the relative
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`homogeneity and uniformity of the ionized plasma in the region 27, ions will hit the
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`target surface more regularly and uniformly distributed over the surface. This will
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`result in a more homogeneous wear of the target surface, as illustrated by the area
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`delimited by the dashed line 29 in Fig. 5b. (Page 10 lines 13-23)
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`T
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`The power source is a pulse generator used primarily to produce coatings by
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`sputtering. The power of each pulse can be in the range ofO.1 KW to 1 MW. The
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`

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`Application/Control Number: 10/065,277
`Art Unit: 1753
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`Page 4
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`pulses can have a duration in the range of less than a hundred microseconds up
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`to hundreds of microseconds and the intervals between pulses can range from
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`milliseconds up to seconds. (Page 4 lines 14-23)
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`The voltage can be hundreds of volts up to several kilovolts. (Page 6 lines 24-
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`25) The rise time is calculated form the time and voltage discussed above. (Applies to
`
`Applicant's claims
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`45, 49 and 50)
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`The electric circuit will be generate at the frequency of the main supply typically
`with a frequency of 50 or 60 Hz. (Page 12 lines 14-15)
`A
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`Alternating current is supplied from the power supply. (Page 6 lines 15-16)
`
`Claims 1, 4, 5, 7, 13, 14, 16, 19-25, 27-29, 32, 33, 37 and 40 are rejected under _
`35 U.S.C. 102(b) as being anticipated by Mozgrin et al. "High Current Lsow-Pressure
`
`Quasi-Stationary Discharge in a Magnetic Field: Experimental Research”, Plasma
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`Physics Reports, Vol-. 21, No. 5, 1995, pp. 400-409.
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`Mozgrin et al. teach a sputtering system as seen in Figure 1 having a cathode
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`I (1), an anode (2) and a magnetic system (3). (See Figure 1 pp. 401)
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`Figure 2 presents a simplified scheme of the discharge supply system. The
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`supply unit involved a pulsed discharge supply unit and a system for pre-ionization.
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`The quasi-stationary discharge supply unit consisted of a long line of W= 5.5 kJ
`maximal energy content, a switch and a matching unit. The pre-ionization system
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`provided direct current. (Page 401)
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`A gas of argon is pre-ionized at a pre-ionized plasma density of
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`

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`Application/Control Number: 10/065,277 I
`Art Unit: 1753
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`.
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`Page 5
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`107-109 cm’. The pre-ionization could be provided by RF discharge, anomalous glow
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`orlmagnetron discharge. (Page 401)
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`A pulsed discharge is utilized to deposit copper material in argon plasma
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`with a plasma density of 3*10’2 cm'‘'. The pulse duration was 25 ms with a
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`repetition frequency of 10 Hz. (Page 403-404)
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`The current density for argon discharges can be 25 A/cmz. (Page 403)
`
`Claim Rejections - 35 USC § 103
`The following is a quotation of 35 U.S.C. 103(a) which forms the basis for all
`
`obviousness rejections set forth in this Office action:
`
`(a) A patent may not be obtained though the invention is not identically disclosed or described as set
`forth in section 102 of this title, if the differences between the subject matter sought to be patented and
`the prior art are such that the subject matter as a whole would have been obvious at the time the
`invention was made to a person having ordinary skill in the art to which said subject matter pertains.
`Patentability shall not be negatived by the manner in which the invention was made.
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`This application currently names joint inventors.
`
`In considering patentability of
`
`the claims under 35 U.S.C. 103(a), the examiner presumes that the subject matter of
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`T
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`the various claims was commonly owned at the time any inventions covered therein
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`were made absent any evidence to the contrary. Applicant is advised of the obligation
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`under 37 CFR 1.56 to point out the inventor and invention dates of each claim that was
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`not commonly owned at the time a later invention was made in order for the examiner to
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`consider the applicability of 35 U.S.C. 103(c) and potential 35 U.S.C. 102(e), (f) or (g)
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`prior art under 35 U.S.C. 103(a).
`
`Claims 1—3.are rejected under 35.U.S.C. 103(a) as being unpatentable over
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`Kouznetsov (\NO 98/40532).
`
`Kouznetsov is discussed above and all is as applies above.
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`

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`Application/Control Number: 10/065,277
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`Page 6
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`Art Unit: 1753
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`The differences between Kouznetsov and the present claims are that the
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`constant power is not discussed and the constant voltage is not discussed.
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`As to the constant power and the constant voltage Kouznetsov power supply
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`provides this feature when operating in the crossed E and B field region since the power
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`and voltage must be constant during this time period to produce a state of full ionization.
`
`(See Figure 1)
`
`The motivation for operating at constant power and constant voltage is that it
`
`allows production of full ionization during sputtering operation. (See Abstract; Figure 1)
`Therefore, it would have been obvious to one of ordinary skill in the art at the
`
`time the invention was made to have utilized constant power a_nd voltage as taught by
`
`Kouznetsov because it allows for producing a state of full ionization.
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`Claims 1-3, 17,.2O and 39 are rejected under 35 U.S.C. 103(a) as being
`
`unpatentable over Mozgrin et al. “High Current Low-Pressure Quasi-Stationary
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`Discharge in a Magnetic Field: Experimental Research”, Plasma Physics Reports, Vol.
`
`21, No.5, 1995, pp. 400-409.
`
`Mozgrin et al. is discussed above and all is as applies above.
`
`The differences between Mozgrin et al. and the present claims is that the
`constant power is not discussed, the constant voltage is not discussed and the
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`ionization source being a UV source, an X-ray source, an electron beam source and an
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`ion beam source is not discussed.
`
`As to the constant power and the constant voltage Mozgrin et al. teach pulsing in
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`square wave form which produces a constant power and constant voltage at the height
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`

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`Application/Control Number: 10/065,277
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`Page 7
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`Art Unit: 1753
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`of the square wave form in order to produce a plasma density higher than the pre-
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`ionization plasma density. (See page 401, 404)
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`»As to the ionization source for generating the weakly-ionized plasma the RF
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`discharge, anomalous glow or magnetron discharge, etc. is believed to be a source of
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`ions and can be interpreted as a beam of ions. (See page 401)
`
`The motivation for utilizing a constant power and constant voltage is that it allows
`
`for production of a higher density of plasma than during the pre-ionization. (See page
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`401, 404)
`
`The motivation for utilizing a separate ionization source is that it allows for the '
`necessary pre-ionization before producing the higher density plasma. (See page 401)
`
`Therefore, it would have been obvious to one of ordinary skill in the art at the
`
`time the invention was made to have modified Mozgrin et al. by utilizing a constant
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`power, constant voltage and an ionization source because it allows for production of a
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`low density plasma before the production of a higher density plasma.
`
`Claims 1, 10-12, 15, 20 and 34-36 are rejected under 35 U.S.C. 103(a) as being
`
`unpatentable over Kouznetsov (WO 98/40532) in view of Chiang et al. (U.S. Pat.
`
`6,398,929).
`
`Kouznetsov is discussed above and all is as applies above. (See Kouznetsov
`
`discussed above)
`
`The differences between Kouznetsov and the present claimsis that the
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`temperature control of the substrate is not discussed, biasing the substrate is not
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`discussed and applying DC power to the target is not discussed.
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`

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`Application/Control Number: 10/065,277
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`Page 8
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`Art Unit: 1753
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`Chiang et al. teach a cool plasma ignition and processing sequence is illustrated
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`in the flow diagram of FIG. 12. After the wafer has been inserted through the load lock
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`valve into the sputter reactor, the load lock valve is closed, and in step 190 gas
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`pressures are equilibrated. The argon chamber pressure is raised to that used [for
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`ignition, typically between 2 and about 5 to 10 mil|iTorr, and the argon backside
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`cooling gas is supplied to the back of the wafer at a backside pressure of about 5
`
`to 1 Torr. In step 192, the argon is ignited with a low level of target power, typically
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`in the range of 1 to 5 kW. After the plasma has been detected to ignite, in step 194, the
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`chamber pressure is quickly ramped down, for example over 3s, with the target power
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`held at the low level. If sustained self-sputtering is planned, the chamber argon supply is
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`turned off, but the plasma continues in the SSS mode. For self-ionized plasrna
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`sputtering, the argon supply is reduced. The backside cooling gas continues to be
`supplied. Once the argon pressure has been reduced, in step 196, the target power is
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`quickly ramped up to the intended sputtering level, for example, 10 to 24 kW or
`greater for a 200 mm wafer, chosen for the SIP or SSS sputtering. It is possible to
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`combine the’ steps 194, 196 by concurrently reducing pressure and ramping up the
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`power. In step 198, the target continues to be powered at the chosen level for a length
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`of time necessary to sputter deposit the chosen thickness of material. This ignition
`sequence is cooler than using the intended sputtering power level for ignition. The _
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`higher argon pressure facilitates ignition but would deleteriously affect the sputtered
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`neutrals if continued at the higher power levels desired for sputter deposition. At the
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`lower ignition power, very little copper is deposited due to the low deposition rate at the
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`

`
`Application/Control Number: 10/065,277
`
`Art Unit: 1753
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`Page 9
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`reduced power. Also, the pedestal cooling keep the wafer chilled through the
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`ignition process. (Column 16 lines 9-42)
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`The entire system can be controlled by a computer based controller.
`
`(Column 17 lines 39-45)
`
`Some designs utilize a controllable power supply 112 to apply a DC or RF bias
`to the wafer holder.
`(Column 1 lines 45-46)
`.
`
`A DC power supply biases the target during sputtering. (Column 11 lines
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`37-40)
`
`The motivation for controlling the temperature is that it allows for keeping the
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`substrate cool during ignition. (Column 16 lines 41-42)
`
`The motivation for applying a bias to the substrate holder is that it allows control
`
`of the DC bias that develops on the substrate. (Column 11 lines 45-48)
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`The motivation for utilizing a DC power source on the target is that it allows for
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`ignition and maintenance of the plasma.
`
`(Column 11 lines 37-40)
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`Therefore, it would have been obvious to one of ordinary skill in the art at the
`
`time the invention was made to have modified Kouznetsov by utilizing a temperature
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`control, a bias to the substrate and dc power to the target as taught by Chiang et al.
`
`because it allows for keeping the substrate cool during ignition, controlling the DC bias
`
`that develops on the substrate and igniting and maintaining the plasma.
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`Claims 1 and 18 are rejected under 35 U.S.C. 103(a) as being unpatentable over
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`Kouznetsov (WO 98/40532) in view of Kadlec et al. (WO 95/04368).
`
`

`
`Application/Control Number: 10/065,277
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`Page 10
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`Art Unit: 1753
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`Kouznetsov is discussed above and all is as applies above. (See Kouznetsov
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`discussed above)
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`The difference between Kouznetsovland the present claims is that the use of an
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`electromagnet is not discussed.
`
`Kadlec et al. teach igniting a discharge at a first power and then increasing the
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`power. (Page 8 lines 16-35; Page 9 lines 1-14)
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`Kadlec further suggests the use of electromagnets for sputtering. (Page 14
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`|ines13-31)
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`The motivation for utilizing an electromagnet is that it allows control of the
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`magnetic field such as controlling the magnetic field to disbalanced. (Page 14 lines 13-
`
`31)
`
`.
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`Therefore, it would have been obvious to one of ordinary skill in the art at the
`
`A
`
`time the invention was made to have modified Kouznetsov by utilizing an electromagnet
`
`as taught by Kadlec et al. because it allows for controlling the magnetic field.
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`Response to Arguments
`
`Applicant's arguments filed 2-24-05 have been fully considered but they are not
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`persuasive.
`
`.
`
`The obviousness-type double patenting rejection has been overcome.
`
`in response to the argument that neither Kouznetsov or Mozgrin teach a multi-
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`step ionization process whereby_atoms are excited from a ground state to a weakly
`
`ionized plasma then to a highly ionized plasma, it is argued that Kouznetsov’s initial
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`admission of gas would have ground state atoms although not specifically mentioned.
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`

`
`Application/Control Number: 10/065,277
`
`'
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`Page 11
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`Art Unit: 1753
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`The initial gas is not ionized until a time later where it passes through a weakly ionized
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`state to a highly ionized state. During the weakly ionized state some atoms of the gas
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`would be ionized but some would not. Those that do not would still be some ground
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`state atoms. Progressing to the highly ionized state substantially all the atoms would be
`
`ionized. Electrons cause the ionization.
`
`ln Mozgrin the initial gas would have atoms at
`
`ground state. The atoms are pre-ionized. The pre-ionized state would have some
`atoms in the round state. The fully ionized state would be during the pulse discharge.
`
`(See Kouznetsov and Mozgrin discussed above)
`
`In response to the argument that Kouznetsov is utilizing direct ionization and not
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`Applicant's multi-step ionization process, it is argued that the voltage is increased in the
`
`pulse the gas will undergo various ionizations and excited states until being fully ionized
`
`as suggested by Kouznetsov. (See Kouznetsov discussed above)
`
`Conclusion
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`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
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`shortened statutory period will expire on the date the advisory action is mailed, and any
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`extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of.
`
`

`
`Application/Control Number: 10/065,277
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`‘
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`Page 12
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`Art Unit: 1753
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`the advisory action.
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`In no event, however, will the statutory period for reply expire later
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`than SIX MONTHS from the mailing date of this final action.
`
`Any inquiry concerning this communication or earlier communications from the
`examiner should be directed to Rodney G. McDonald whose telephone number is 571-
`
`272-1340. The examiner can normally be reached on M- Th with Every other Friday off.
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
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`supervisor, Nam X. Nguyen can be reached on 571-272-1342. The fax phone number
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`' for the organization where this application or proceeding is assigned is 703-872-9306.
`
`Information regarding the status of an application may be obtained from the
`Patent Application Information Retrieval (PAIR) system. Status information for
`
`published applications may be obtained from either Private PAIR or Public PAIR.
`
`Status information for unpublished applications is available through Private PAIR only.
`
`For more information about the PAIR system, see http://pair-direct.uspto.gov. Should
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`you have questions on access to the Private PAIR system, contact the Electronic
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`Business Center(EBC) at 866-217-9197 (toll-free).
`
`'
`
`Rodney G. McDonald
`Primary Examiner
`Art Unit 1753
`
`RM
`
`May 25, 2005