`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria1 Virginia 22313- 1450
`www.uspto.gov
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`APPLICATION NO.
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`11/183,463
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`23701
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` F ING DATE
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`07/ 1 8/2005
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`7590
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`04/21/2010
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`FIRST NAMED INVENTOR
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`ATTORNEY DOCKET NO.
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`
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`
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`CONF {MATION NO.
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`Roman Chistyakov
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`ZON—OOSCNZ
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`9688
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`RAUSCHENBACH PATENT LAW GROUP, LLP
`P.O. BOX 387
`BEDFORD, MA 01730
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`MCDONALD, RODNEY GLENN
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`ART UNIT
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`1795
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`PAPER NUMBER
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`NOT *ICATION DATE
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`DELIVERY MODE
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`04/21/2010
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`ELECTRONIC
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`Please find below and/or attached an Office communication concerning this application or proceeding.
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`The time period for reply, if any, is set in the attached communication.
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`Notice of the Office communication was sent electronically on above—indicated "Notification Date" to the
`following e—mail address(es):
`kurt @ rau schenbach.c0m
`fax @rau schenbach.c0m
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`pto @rau schenbach.c0m
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`PTOL—90A (Rev. 04/07)
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`TSMC-1112
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`TSMC v. Zond, Inc.
`Page 1 of 10
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`TSMC-1112
`TSMC v. Zond, Inc.
`Page 1 of 10
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`Office Action Summary
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`Application No.
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`Applicant(s)
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`11/183,463
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`CHISTYAKOV, ROMAN
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`Examiner
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`Rodney G. McDonald
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`Art Unit
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`1795 -
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`-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address --
`Period for Reply
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`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE 3 MONTH(S) OR THIRTY (30) DAYS,
`WHICHEVER IS LONGER, FROM THE MAILING DATE OF THIS COMMUNICATION.
`Extensions of time may be available under the provisions of 37 CFR 1.136(a).
`In no event however may a reply be timely filed
`after SIX (6) MONTHS from the mailing date of this communication.
`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).
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`Status
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`1)IXI Responsive to communication(s) filed on 14 April 2010.
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`2a)I:I This action is FINAL.
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`2b)IZI This action is non-final.
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`3)I:I Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
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`closed in accordance with the practice under EX parte Quayle, 1935 CD. 11, 453 O.G. 213.
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`Disposition of Claims
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`4)IZI Claim(s) 31-75 is/are pending in the application.
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`4a) Of the above Claim(s)
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`is/are withdrawn from consideration.
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`5)I:I Claim(s) _ is/are allowed.
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`6)IXI Claim(s) M is/are rejected.
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`7)I:I Claim(s) _ is/are objected to.
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`8)I:I Claim(s) _ are subject to restriction and/or election requirement.
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`Application Papers
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`9)I:I The specification is objected to by the Examiner.
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`10)I:I The drawing(s) filed on
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`is/are: a)I:I accepted or b)I:I 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).
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`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121(d).
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`11)I:I The oath or declaration is objected to by the Examiner. Note the attached Office Action or form PTO-152.
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`Priority under 35 U.S.C. § 119
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`12)I:I Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)—(d) or (f).
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`a)I:I All
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`b)I:I Some * c)I:I None of:
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`1.I:I Certified copies of the priority documents have been received.
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`2.I:I Certified copies of the priority documents have been received in Application No.
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`3.I:I 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.
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`Attachment(s)
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`4) D Interview Summary (PTO-413)
`1) E Notice of References Cited (PTO-892)
`Paper No(s)/Mai| Date. _
`2) D Notice of Draftsperson‘s Patent Drawing Review (PTO-948)
`3) IZI Information Disclosure Statement(s) (PTO/SB/08)
`5) I:I Notice of Informal Patent Application
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`Paper No(s)/Mai| Date 4-14-2010.
`6) D Other:
`U.S. Patent and Trademark Office
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`PTOL-326 (Rev. 08-06)
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`Office Action Summary
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`Part of Paper No./Mai| Date 20100419
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`TSMC-1112 / Page 2 of 10
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`TSMC-1112 / Page 2 of 10
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`Application/Control Number: 11/183,463
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`Page 2
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`Art Unit: 1795
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`DETAILED ACTION
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`Continued Examination Under 37 CFR 1.114
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`A request for continued examination under 37 CFR 1.114, including the fee set
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`forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this
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`application is eligible for continued examination under 37 CFR 1.114, and the fee set
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`forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action
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`has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on April
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`14, 2010 has been entered.
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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
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`form the basis for the rejections under this section made in this Office action:
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`A person shall be entitled to a patent unless —
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`(e) the invention was described in (1) an application for patent, published under section 122(b), by
`another filed in the United States before the invention by the applicant for patent or (2) a patent
`granted on an application for patent by another filed in the United States before the invention by the
`applicant for patent, except that an international application filed under the treaty defined in section
`351 (a) shall have the effects for purposes of this subsection of an application filed in the United States
`only if the international application designated the United States and was published under Article 21(2)
`of such treaty in the English language.
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`Claims 31-46, 64-71 and 73-75 are rejected under 35 U.S.C. 102(e) as being
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`anticipated by Kouznetsov (WO 02/103078 A1).
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`Regarding claim 31, Kouznetsov teach a sputtering source comprising a cathode
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`assembly comprising a sputtering target that is positioned adjacent to an anode; and a
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`power supply that generates a voltage pulse between the anode and the cathode
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`assembly that creates a weakly ionized plasma and then a strongly ionized plasma from
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`the weakly ionized plasma without an occurrence of arcing between the anode and the
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`TSMC-1112 / Page 3 of 10
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`TSMC-1112 / Page 3 of 10
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`Application/Control Number: 11/183,463
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`Page 3
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`Art Unit: 1795
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`cathode assembly, an amplitude a duration and a rise time of the voltage pulse being
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`chosen to increase a density of ions in the strongly ionized plasma. (See Abstract;
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`Page 9 lines 18-33; Page 11 lines 27-30; Page 12 lines 3-7; Page 13 lines 23-29; Page
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`15 lines 2-13; Page 21 lines 25-27; Page 22 lines 11-17; Figs. 8b; Fig. 10)
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`Regarding claim 32, Kouznetsov teach that the strongly ionized plasma at least
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`partially converts neutral sputtered atoms into positive ions in order to enhance the
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`sputtering process with ionized physical vapor deposition. (Page 18 lines 16-20)
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`Regarding claims 33, 34, Kouznetsov teach inherently based on the voltage
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`pulse an increase in the density of ions which inherently generates sufficient thermal
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`energy to cause a sputtering yield to be related to a temperature of the target.
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`Regarding claim 35, Kouznetsov teach the thermal energy generated in the
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`sputtering target does not increase an average temperature of the sputtering target due
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`to cooling. (See Fig. 12a)
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`Regarding claim 36, Kouznetsov teach a gas inlet to control the flow of the feed
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`gas so that the feed gas diffuses the strongly ionized plasma. (Page 23 lines 10-11)
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`Regarding claim 37, Kouznetsov teach a gas inlet to control the flow of feed gas
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`to allow additional power to be absorbed by the strongly ionized plasma, thereby
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`generating additional thermal energy in the sputtering target. (Page 23 lines 10-11)
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`Regarding claim 38, Kouznetsov teach a magnet that is positioned to generate a
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`magnetic field proximate to the weakly ionized plasma, the magnetic field substantially
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`trapping electrons in the weakly-ionized plasma proximate to the sputtering target.
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`(Page 11 lines 27-30)
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`TSMC-1112 / Page 4 of 10
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`TSMC-1112 / Page 4 of 10
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`Application/Control Number: 11/183,463
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`Page 4
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`Art Unit: 1795
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`Regarding claim 39, Kouznetsov teach the voltage pulse generated between the
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`anode and the cathode assembly excites atoms in the weakly ionized plasma and
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`generates secondary electrons from the cathode assembly, the secondary electrons
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`ionizing a portion of the excited atoms, thereby creating the strongly ionized plasma.
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`(Page 15 lines 2-13)
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`Regarding claim 40, Kouznetsov teach the power supply generates a constant
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`power. (Page 5 lines 23-25)
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`Regarding claim 41, Kouznetsov teach the power supply generates a constant
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`voltage. (Page 5 lines 23-25)
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`Regarding claim 42, Kouznetsov teach a rise time. (See Figs. 9, 10)
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`Regarding claim 43, Kouznetsov teach a distance between the anode and the
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`cathode for generating the plasma. (See Fig. 12a)
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`Regarding claim 44, Kouznetsov teach the rise time to be approximately within
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`Applicant’s range. (Page 23 lines 12-17)
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`Regarding claim 45, Kouznetsov teach the amplitude of the voltage pulse in the
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`range of .4 to 4 W. (Page 23 lines 13-14)
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`Regarding claim 46, Kouznetsov teach the pulse width of the voltage pulse in the
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`range of approximately 0.1 microsecond to 100 seconds. (Page 23 lines 12-17)
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`Regarding claim 64, Kouznetsov teach a method for high deposition rate
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`sputtering, the method comprising generating a voltage pulse between the anode and
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`the cathode assembly comprising a sputtering target, the voltage pulse creating a
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`weakly ionized plasma and then a strongly ionized plasma from the weakly ionized
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`TSMC-1112 / Page 5 of 10
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`TSMC-1112 / Page 5 of 10
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`Application/Control Number: 11/183,463
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`Page 5
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`Art Unit: 1795
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`plasma without an occurrence of arcing between the anode and the cathode assembly;
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`and adjusting an amplitude and a rise time of the voltage pulse to increase a density of
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`ions in the strongly-ionized plasma. (See Abstract; Page 9 lines 18-33; Page 11 lines
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`27-30; Page 12 lines 3-7; Page 13 lines 23-29; Page 15 lines 2-13; Page 21 lines 25-27;
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`Page 22 lines 11-17; Figs. 8b; Fig. 10)
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`Regarding claim 65, Kouznetsov teach applying the voltage pulse to the cathode
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`assembly generates excited atoms in the weakly ionized plasma and generates
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`secondary electrons from the sputtering target, the secondary electrons ionizing the
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`excited atoms, thereby creating the strongly ionized plasma. (Page 15 lines 2-13)
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`Regarding claim 66, Kouznetsov teach inherently that the ions in the strongly
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`ionized plasma cause a surface layer of the sputtering target to evaporate. (See
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`Abstract; Page 9 lines 18-33; Page 11 lines 27-30; Page 12 lines 3-7; Page 13 lines 23-
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`29; Page 15 lines 2-13; Page 21 lines 25-27; Page 22 lines 11-17; Figs. 8b; Fig. 10)
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`Regarding claim 67, Kouznetsov teach the rise time to be approximately within
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`Applicant’s range. (Page 23 lines 12-17)
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`Regarding claim 68, Kouznetsov teach the amplitude of the voltage pulse in the
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`range of .4 to 4 W. (Page 23 lines 13-14)
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`Regarding claim 69, Kouznetsov teach the pulse width of the voltage pulse in the
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`range of approximately 0.1 microsecond to 100 seconds. (Page 23 lines 12-17)
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`Regarding claims 70, 71, Kouznetsov teach inherently based on the voltage
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`pulse an increase in the density of ions which inherently generates sufficient thermal
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`TSMC-1112 / Page 6 of 10
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`TSMC-1112 / Page 6 of 10
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`Application/Control Number: 11/183,463
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`Page 6
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`Art Unit: 1795
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`energy to cause a sputtering yield to be related to a temperature of the target. The
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`temperature follows a non linear relationship due to the pulses.
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`Regarding claim 73, Kouznetsov teach generating a magnetic field proximate to
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`the sputtering target, the magnetic field trapping electrons proximate to the sputtering
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`target. (Page 11 lines 27-30)
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`Regarding claim 74, Kouznetsov teach diffusing weakly ionized plasma with a
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`volume of the feed gas while ionizing the volume of the feed gas to create additional
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`weakly ionized plasma. (Page 23 lines 10-11)
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`Regarding claim 75, Kouznetsov teach exchanging a volume of feed gas to
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`diffuse the strongly ionized plasma while applying the voltage pulse to the cathode
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`assembly to generate additional strongly ionized plasma from the volume of the feed
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`gas. (Page 23 lines 10-11)
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`Claim Rejections - 35 USC § 103
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`The following is a quotation of 35 U.S.C. 103(a) which forms the basis for all
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`obviousness rejections set forth in this Office action:
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`(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.
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`In considering patentability of
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`the claims under 35 U.S.C. 103(a), the examiner presumes that the subject matter of
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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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`TSMC-1112 / Page 7 of 10
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`TSMC-1112 / Page 7 of 10
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`Application/Control Number: 11/183,463
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`Page 7
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`Art Unit: 1795
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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).
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`Claims 47-59, 61-63 and 72 are rejected under 35 U.S.C. 103(a) as being
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`unpatentable over Kouznetsov (WO 02/103078 A1) in view of Kouznetsov (WO
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`01/98553).
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`Kouznetsov '078 is discussed above and all is as applies above. (See
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`Kouznetsov '078 discussed above)
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`The differences between Kouznetsov ‘078 and the present claims is that the bias
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`is not discussed (Claims 47 and 72) and the distance between the target and the
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`substrate support is not discussed (Claim 59).
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`Regarding claims 47, 72, Kouznetsov ' 553 teach utilizing a bias applied to the
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`substrate. (Page 5 lines 12-14)
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`Regarding claim 59, Kouznetsov ‘553 teach the distance between the substrate
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`and the target to be between 1 cm to 100 cm. (Page 5 lines 27-30)
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`The motivation for utilizing the features of Kouznetsov ‘553 is that it allows for
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`sputter coatings in deep via holes. (See Abstract)
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`Therefore, it would have been obvious to one of ordinary skill in the art at the
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`time the invention was made to have modified Kouznetsov ‘078 by utilizing the features
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`of Kouznetsov '553 because it allows for sputter coatings in deep via holes.
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`TSMC-1112 / Page 8 of 10
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`TSMC-1112 / Page 8 of 10
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`Application/Control Number: 11/183,463
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`Page 8
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`Art Unit: 1795
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`Claim 60 is rejected under 35 U.S.C. 103(a) as being unpatentable over
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`Kouznetsov ‘078 in view of Kouznetsov '553as applied to claims 47-59, 61 -63 and 72
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`above, and further in view of Fu et al. (U.S. Pat. 6,251,242).
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`The difference not yet discussed is the use of an RF bias.
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`(Claim 60).
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`Regarding claim 60, Fu et al. teach utilizing an RF bias for hole filling. (See
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`Abstract; Column 6 lines 40-50)
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`The motivation for utilizing an RF bias is that it allows for filling deep holes. (See
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`Abstract)
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`Therefore, it would have been obvious to one of ordinary skill in the art at the
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`time the invention was made to have filled deep holes as taught by Fu et al. because it
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`allows for deep hole filling.
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`REMARKS:
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`WIPO document to Kouznetsov ‘078 newly cited qualifies as prior art as of the
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`international filing date of the document and is applied against the claims.
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`All references, whether the WIPO publication, the US. patent application
`publication or the US. patent, of an international application (IA) that was
`filed on or after November 29, 2000, designated the U.S., and was
`published in English under PCT Article 21(2) by WIPO have the 35
`U.S.C. 102(e) prior art date of the international filing date or earlier
`effective U.S. filing date. No benefit of the international filing date (nor any
`US. filing dates prior to the IA), however, is given for 35 U.S.C. 102(e)
`prior art purposes if the IA was published under PCT Article 21(2) in a
`language other than English
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`Conclusion
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`Any inquiry concerning this communication or earlier communications from the
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`examiner should be directed to Rodney G. McDonald whose telephone number is 571-
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`272-1340. The examiner can normally be reached on M-Th with every Friday off.
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`TSMC-1112 / Page 9 of 10
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`TSMC-1112 / Page 9 of 10
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`Application/Control Number: 11/183,463
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`Page 9
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`Art Unit: 1795
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`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 571-273-8300.
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`Information regarding the status of an application may be obtained from the
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`Patent Application Information Retrieval (PAIR) system. Status information for
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`published applications may be obtained from either Private PAIR or Public PAIR.
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`Status information for unpublished applications is available through Private PAIR only.
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`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). If you would like assistance from a
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`USPTO Customer Service Representative or access to the automated information
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`system, call 800-786-9199 (IN USA OR CANADA) or 571-272—1000.
`
`/Rodney G. McDonald/
`Primary Examiner, Art Unit 1795
`
`Rodney G. McDonald
`Primary Examiner
`Art Unit 1795
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`RM
`
`April 19, 2010
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`TSMC-1112 / Page 10 of 10
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`TSMC-1112 / Page 10 of 10
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