UNITED STA 1ES p A 1ENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`www.uspto.gov
`
`APPLICATION NO.
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`111183,463
`
`07/18/2005
`
`Roman Chistyakov
`
`ZON-003CN2
`
`9688
`
`23701
`7590
`04/21/2010
`RAUSCHENBACH PATENT LAW GROUP, LLP
`P.O. BOX 387
`BEDFORD, MA 01730
`
`EXAMINER
`
`MCDONALD, RODNEY GLENN
`
`ART UNIT
`
`PAPER NUMBER
`
`1795
`
`NOTIFICATION DATE
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`DELIVERY MODE
`
`04/2112010
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time period for reply, if any, is set in the attached communication.
`
`Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
`following e-mail address(es):
`kurt@rauschenbach.com
`fax @rauschenbach.com
`pto @rauschenbach.com
`
`PTOL-90A (Rev. 04/07)
`
`Ex. 1012
`
`

`

`Office Action Summary
`
`Application No.
`
`Applicant(s)
`
`11/183,463
`
`Examiner
`
`CHISTYAKOV, ROMAN
`
`Art Unit
`
`1795
`Rodney G. McDonald
`-- The MAILING DATE of this communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE~ 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).
`
`Status
`1 )IZ! Responsive to communication(s) filed on 14 April 2010.
`2a)0 This action is FINAL.
`2b)[8J This action is non-final.
`3)0 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)[8J Claim(s) 31-75 is/are pending in the application.
`4a) Of the above claim(s) __ is/are withdrawn from consideration.
`5)0 Claim(s) __ is/are allowed.
`6)[8J Claim(s) 31-75 is/are rejected.
`7)0 Claim(s) __ is/are objected to.
`8)0 Claim(s) __ are subject to restriction and/or election requirement.
`
`Application Papers
`
`9)0 The specification is objected to by the Examiner.
`10)0 The drawing(s) filed on __ is/are: a)O accepted or b)O objected to by the Examiner.
`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 )0 The oath or declaration is objected to by the Examiner. Note the attached Office Action or form PT0-152.
`
`Priority under 35 U.S.C. § 119
`
`12)0 Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`a)O All b)O Some* c)O None of:
`1.0 Certified copies of the priority documents have been received.
`2.0 Certified copies of the priority documents have been received in Application No. __ .
`3.0 Copies of the certified copies of the priority documents have been received in this National Stage
`application from the International Bureau (PCT Rule 17 .2(a)).
`*See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment(s)
`1) [8J Notice of References Cited (PT0-892)
`2) 0 Notice of Draftsperson's Patent Drawing Review (PT0-948)
`3) [8Jinformation Disclosure Statement(s) (PTO/SB/08)
`Paper No(s)/Mail Date 4-14-2010.
`
`4) 0
`
`Interview Summary (PT0-413)
`Paper No(s)/Mail Date. __ .
`5) 0 Notice of Informal Patent Application
`6) 0 Other: __ .
`
`U.S. Patent and Trademark Off1ce
`PTOL-326 (Rev. 08-06)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20100419
`
`Ex. 1012
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`

`

`Application/Control Number: 11/183,463
`Art Unit: 1795
`
`Page 2
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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, 201 0 has been entered.
`
`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-
`
`(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.
`
`Claims 31-46, 64-71 and 73-75 are rejected under 35 U.S.C. 1 02(e) as being
`
`anticipated by Kouznetsov (WO 02/1 03078 A 1 ).
`
`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
`
`assembly that creates a weakly ionized plasma and then a strongly ionized plasma from
`
`the weakly ionized plasma without an occurrence of arcing between the anode and the
`
`Ex. 1012
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`

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`Application/Control Number: 11/183,463
`Art Unit: 1795
`
`Page 3
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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;
`
`Page 91ines 18-33; Page 11 lines 27-30; Page 121ines 3-7; Page 131ines 23-29; Page
`
`15 lines 2-13; Page 21 lines 25-27; Page 22 lines 11-17; Figs. 8b; Fig. 1 0)
`
`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
`
`sputtering process with ionized physical vapor deposition. (Page 18 lines 16-20)
`
`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.
`
`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
`
`to cooling. (See Fig. 12a)
`
`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)
`
`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
`
`generating additional thermal energy in the sputtering target. (Page 23 lines 10-11)
`
`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
`
`trapping electrons in the weakly-ionized plasma proximate to the sputtering target.
`
`(Page 11 lines 27-30)
`
`Ex. 1012
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`

`

`Application/Control Number: 11/183,463
`Art Unit: 1795
`
`Page 4
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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.
`
`(Page 15 lines 2-13)
`
`Regarding claim 40, Kouznetsov teach the power supply generates a constant
`
`power. (Page 5 lines 23-25)
`
`Regarding claim 41, Kouznetsov teach the power supply generates a constant
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`voltage. (Page 5 lines 23-25)
`
`Regarding claim 42, Kouznetsov teach a rise time. (See Figs. 9, 1 0)
`
`Regarding claim 43, Kouznetsov teach a distance between the anode and the
`
`cathode for generating the plasma. (See Fig. 12a)
`
`Regarding claim 44, Kouznetsov teach the rise time to be approximately within
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`Applicant's range. (Page 23 lines 12-17)
`
`Regarding claim 45, Kouznetsov teach the amplitude of the voltage pulse in the
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`range of .4 to 4 kV. (Page 23 lines 13-14)
`
`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)
`
`Regarding claim 64, Kouznetsov teach a method for high deposition rate
`
`sputtering, the method comprising generating a voltage pulse between the anode and
`
`the cathode assembly comprising a sputtering target, the voltage pulse creating a
`
`weakly ionized plasma and then a strongly ionized plasma from the weakly ionized
`
`Ex. 1012
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`

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`Application/Control Number: 11/183,463
`Art Unit: 1795
`
`Page 5
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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
`
`ions in the strongly-ionized plasma. (See Abstract; Page 9 lines 18-33; Page 11 lines
`
`27-30; Page 12 lines 3-7; Page 131ines 23-29; Page 151ines 2-13; Page 21 lines 25-27;
`
`Page 22 lines 11-17; Figs. 8b; Fig. 1 0)
`
`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
`
`secondary electrons from the sputtering target, the secondary electrons ionizing the
`
`excited atoms, thereby creating the strongly ionized plasma. (Page 15 lines 2-13)
`
`Regarding claim 66, Kouznetsov teach inherently that the ions in the strongly
`
`ionized plasma cause a surface layer of the sputtering target to evaporate. (See
`
`Abstract; Page 9 lines 18-33; Page 11 lines 27-30; Page 12 lines 3-7; Page 13 lines 23-
`
`29; Page 15 lines 2-13; Page 21 lines 25-27; Page 22 lines 11-17; Figs. 8b; Fig. 1 0)
`
`Regarding claim 67, Kouznetsov teach the rise time to be approximately within
`
`Applicant's range. (Page 23 lines 12-17)
`
`Regarding claim 68, Kouznetsov teach the amplitude of the voltage pulse in the
`
`range of .4 to 4 kV. (Page 23 lines 13-14)
`
`Regarding claim 69, Kouznetsov teach the pulse width of the voltage pulse in the
`
`range of approximately 0.1 microsecond to 100 seconds. (Page 23 lines 12-17)
`
`Regarding claims 70, 71, Kouznetsov teach inherently based on the voltage
`
`pulse an increase in the density of ions which inherently generates sufficient thermal
`
`Ex. 1012
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`

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`Application/Control Number: 11/183,463
`Art Unit: 1795
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`Page 6
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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.
`
`Regarding claim 73, Kouznetsov teach generating a magnetic field proximate to
`
`the sputtering target, the magnetic field trapping electrons proximate to the sputtering
`
`target. (Page 11 lines 27-30)
`
`Regarding claim 74, Kouznetsov teach diffusing weakly ionized plasma with a
`
`volume of the feed gas while ionizing the volume of the feed gas to create additional
`
`weakly ionized plasma. (Page 23 lines 10-11)
`
`Regarding claim 75, Kouznetsov teach exchanging a volume of feed gas to
`
`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
`
`gas. (Page 23 lines 10-11)
`
`Claim Rejections- 35 USC§ 103
`
`The following is a quotation of 35 U.S.C. 1 03(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.
`
`This application currently names joint inventors. In considering patentability of
`
`the claims under 35 U.S.C. 1 03(a), the examiner presumes that the subject matter of
`
`the various claims was commonly owned at the time any inventions covered therein
`
`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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`Ex. 1012
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`

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`Application/Control Number: 11/183,463
`Art Unit: 1795
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`Page 7
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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. 1 03(c) and potential 35 U.S.C. 1 02(e), (f) or (g)
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`prior art under 35 U.S.C. 1 03(a).
`
`Claims 47-59, 61-63 and 72 are rejected under 35 U.S.C. 103(a) as being
`
`unpatentable over Kouznetsov (WO 02/103078 A 1) in view of Kouznetsov (WO
`
`01/98553).
`
`Kouznetsov '078 is discussed above and all is as applies above. (See
`
`Kouznetsov '078 discussed above)
`
`The differences between Kouznetsov '078 and the present claims is that the bias
`
`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).
`
`Regarding claims 47, 72, Kouznetsov' 553 teach utilizing a bias applied to the
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`substrate. (Page 51ines 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 em to 100 em. (Page 5 lines 27-30)
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`The motivation for utilizing the features of Kouznetsov '553 is that it allows for
`
`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
`
`time the invention was made to have modified Kouznetsov '078 by utilizing the features
`
`of Kouznetsov '553 because it allows for sputter coatings in deep via holes.
`
`Ex. 1012
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`

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`Application/Control Number: 11/183,463
`Art Unit: 1795
`
`Page 8
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`Claim 60 is rejected under 35 U.S.C. 1 03(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
`
`above, and further in view of Fu et al. (U.S. Pat. 6,251 ,242).
`
`The difference not yet discussed is the use of an RF bias. (Claim 60).
`
`Regarding claim 60, Fu et al. teach utilizing an RF bias for hole filling. (See
`
`Abstract; Column 6 lines 40-50)
`
`The motivation for utilizing an RF bias is that it allows for filling deep holes. (See
`
`Abstract)
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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 filled deep holes as taught by Fu et al. because it
`
`allows for deep hole filling.
`
`REMARKS:
`
`WI PO document to Kouznetsov '078 newly cited qualifies as prior art as of the
`
`international filing date of the document and is applied against the claims.
`
`All references, whether the WI PO publication, the U.S. patent application
`publication or the U.S. patent, of an international application (lA) that was
`filed on or after November 29, 2000, designated the U.S., and was
`published in English under PCT Article 21 (2) by WI PO 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
`U.S. filing dates prior to the lA), however, is given for 35 U.S.C. 102(e)
`prior art purposes if the lA was published under PCT Article 21(2) in a
`language other than English
`
`Conclusion
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`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 Friday off.
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`Ex. 1012
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`

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`Application/Control Number: 11/183,463
`Art Unit: 1795
`
`Page 9
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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.
`
`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
`
`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
`
`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
`
`RM
`April 19, 2010
`
`Ex. 1012
`
`