" ANK B . DEHN 8- C O _
`
`
`Patent and Trade Mark Attorneys
`
`St Bride's House, 10 Salisbury Square, London acav 8JD
`Telephone: +44 (0)20 7632 7200 Fax: +44 (0)20 7353 8895
`E-mail: mai|@frankbdehn.com Web: www.frankbdehn.com
`
`European Patent Office
`D-80298 Miinchen
`
`Germany
`
`date
`your ref
`
`21 April 2008
`
`ourref 3l.2.87737
`
`BY FACSIMILE
`
`EPO - Munich
`73
`
`23. April 2993
`
`GQNHRMAWQN
`GF FAX
`
`Dear Sirs
`
`European Patent Application No. 03779387.4 (1560943)
`Regional Phase of PCT Application PCT/US2003/034226
`Zond, Inc.
`
`In response to the Examination Report dated 10 October 2007, we enclose herewith amended
`pages 2, 2a, 2b and 30-32 to replace pages 2 and 30-32 currently on file. To aid the Examiner,
`we also enclose a draft copy of those pages in which the changes made to the text can be clearly
`seen.
`
`The Examiner will note that a new independent apparatus claim 1 is provided, based on claim 1
`of the application as filed and as published in the International phase. A new method claim 14
`has also been included, which corresponds in scope to new claim 1 and is likewise based on
`claim 16 of the application as filed and as published in the International phase. Basis for
`claiming the application of a voltage pulse arranged to increase ionisation in the plasma to cause
`the thermal sputtering response of the target to become non—linear and increase significantly can
`be found in paragraphs [0140]-[0147] of the International application as filed and as published.
`
`Dependent claims 3, 4, 7, 9 and 16 have been deleted and the remaining claims have been
`renumbered. New dependent claim 13 is based on claim 2 of the application as filed.
`
`We note the Examiner's novelty objection and will now set out how new claims 1 and 14 are
`distinguished over D1.
`
`New claims 1 and 14 are directed to a sputtering source and method that achieves a high
`deposition rate and in which an ionisation source produces a plasma close to a cathode assembly
`which includes the sputtering target and is positioned adjacent the anode. A power supply then
`applies a voltage pulse between the anode and cathode which has a rise time and amplitude to
`increase the degree of ionisation in the plasma so that, when the ions are impacted on the
`
`John P Tothill MA '
`Derek P Matthews 35: PhD °
`Partners
`Christopher P Pett MA " Hanna Dzieglewska BSc PhD -' Robert P Jackson as: LLM °
`Kerry J Tomlinson MA 0
`Roberto Calamita MA 0-
`Elizabeth JonesMSc PhD ~
`Michael J Burl‘-'rMA "
`David Leckey 85: "
`Lo_uise A Golding MA ~
`Julian Cockbain MA DPhiI " Alison J Hague MA "
`Rebecca Gardner BSc '
`Christopher R Davies es: 0' Philip D Towler MA 0'
`Philip M Jeffrey BSc PhD 0
`Alexander J Piésold as: 0' Andrea M Hughes aEng LLM *' Annabel R Beacham MA DPhil *
`
`Associates
`Adrian Samuels MA '
`Jason Stevens aA 0
`Neil Campbell SA 0
`Philip M Webber MA PhD 0 Joseph M Letang LLB -
`Matthew Hall BA MS: -
`Deborah J Owen MA PhD -
`Elaine P Days; as: '
`Katherine F Mabey MA 0
`Christopher R Goddard MA pm o
`Catherine L Booth esc PhD 0
`
`Susannah Neath BS: '
`Clare L Stoneman BA '
`Anna Leathley MBiochem PhD 0
`Andrew Chiva Msci ~
`Jodie Rutherford 35: PhD '
`
`‘UK Chartered Patent Attorney, European Patent Attorney ‘UK Registered Trade Mark Attorney, European Trade Mark Attorney
`
`1
`
`7
`
`Offices in London Munich Brighton Oxford
`
`INTEL 1017
`
`

`
`21 April 2008
`31.2.87737
`
`- 2 —
`
`FRANK B. DEHN Er Co.
`
`surface of the sputtering target, they heat the target to a temperature at which the sputtering
`yield has a non—linear response to temperature and the sputtering rate thereby increases
`significantly. The invention now claimed is illustrated in Figures 6 and 8-11 of the application.
`
`D1 relates to a sputtering method and apparatus which is directed not to achieving a high
`deposition rate, but to achieving deposition of a conformal layer of a sputtering material on a
`substrate so as to avoid problems such as uneven deposition and faceting, as shown in Figures 1-
`4. To achieve this, a plasma gas is supplied to an evacuated chamber 100 through a gas inlet
`136 whereby magnets 106 cause the plasma to collect adjacent a sputtering target 104 (see
`Figure 5, column 5 lines 38-46 and column 6 lines 47-52). The first signal generator 150
`applies a bias voltage to the target 104 which attracts the plasma ions and which causes the
`target 104 to be sputtered. A bias voltage applied to the coil 122 by a third signal generator 132
`increases the plasma density in the region of the coil which causes ionisation of the sputtered
`particles which are then attracted to the substrate 110 to be deposited thereon in a controlled
`manner by a bias voltage applied by a second signal generator 156 (see column 6 lines 55-65).
`Modulation of the bias voltage applied to the substrate 110 achieves uniform coverage of the
`substrate and a conformal sputtering layer (see column 7 lines 15-20).
`
`Thus in D1 the bias voltage signal applied by first signal generator 150 to the sputtering target
`causes the sputtering target to act as a cathode assembly in the sense of new claims 1 and 14.
`D1 discloses only two modes of operation of the first signal generator during sputtering.
`
`In the first method of D1, ‘the waveform of the bias on the target 104... is held at a constant
`voltage throughout the process... Thus sputtering from the target is constantly maintained at a
`substantially constant rate‘ (see column 8 lines 32-36 and Figure 11). Thus, in this method of
`operation, no voltage pulse is applied to the cathode as required by new claims 1 and 14.
`
`In the second method of D], ‘the power supplied to the target 104 is a pulsed signal...‘ (see
`column 9 line 58 to column 10 line 10) and is shown in Figure 15, which is a square wave pulse
`of constant amplitude. There is no disclosure in D1 of controlling the rise time or amplitude of
`the square wave pulses for any purpose. Thus, in this method of operation, again, no voltage
`pulse is applied to the cathode having a particular amplitude and rise time as required by new
`claims 1 and 14.
`
`In DI, the only disclosure of a voltage signal having a variable waveform and amplitude is that
`which is applied to the sputtering substrate 110 by the second signal generator 156 to control
`the directionality and deposition profile achieved by the sputtering apparatus.
`
`Thus there is no disclosure in D1 of applies a voltage pulse between the anode and cathode
`which has a rise time and amplitude to increase the degree of ionisation in the plasma so that,
`when the ions are impacted on the surface of the sputtering target, they heat the target to a
`temperature at which the sputtering yield has a non—linear response to temperature and the
`sputtering rate thereby increases significantly.
`
`
`
`
`
`

`
`21 April 2008
`31.2.87737
`
`- 3 -
`
`FRANK B. DEHN Er Co.
`
`We therefore submit that new claims 1 and 14 are novel.
`
`While there are no outstanding inventive step objections to the claims, we enclose the following
`comments to assist the Examiner.
`
`There is no teaching or suggestion anywhere in D1 that would motivate the skilled man to think
`to adapt the apparatus and method taught in D1 to arrive at the invention now claimed.
`
`Further, the inventive concept of modulating a voltage applied between the anode and cathode
`to harness the a non-linear thermal response of the sputtering yield and increase the deposition
`rate is nowhere suggested in D1 and so the skilled man would simply not think of it. Indeed, the
`physical principle of a non-linear thermal response is not even acknowledged in D1.
`-
`
`By using a sputtering target and method having a voltage pulse arranged arranging to have this
`non-linear sputtering yield response, the high deposition rate can be achieved on a substrate to
`be coated, which can be as great as one micron per minute (see paragraphs [0144]—[0147]).
`Further, the provision of a gas in a pre—existing plasma state before application of such a voltage
`pulse substantially eliminates the possibility of creating an unwanted electrical breakdown
`condition on the application of the pulse (see paragraph [0113]).
`
`We therefore submit that claims 1 and 14 provide an inventive step.
`
`The Examiner will note that a minor correction has been to claim 6 (previous claim 10) to recite
`that the strongly-ionised plasma is substantially uniform. Support for this correction can be
`found in see paragraph 82 of the application and in claim 14 of the International application as
`published.
`
`’
`
`We submit that the Examiner's clarity objections no longer apply as claim 1 now refers to
`apparatus features specifically arranged or configured to put the claimed invention into effect.
`
`Further, it is would be entirely clear to the skilled man, not just in view of the description, that a
`reference to a ‘weakly-ionised plasma‘ in the claims indicates a plasma having an ionisation level
`lower than that of a ‘strongly-ionized plasma‘ and there can be no lack of clarity. In any case, the
`weakly— and strongly-ionized plasmas are now claimed to have a measurable functionally defined
`relationship, in that a weakly-ionized plasma is provided that is then further ionized to a higher
`degree of ionization to achieve a strongly ionized plasma that achieves a non-linear thermal
`sputtering response when it impacts the sputtering target that would not be achieved by the
`weakly-ionized plasma.
`
`With regard to formal matters, the Examiner will note that: the description has been amended in
`accordance with the claims; an acknowledgement of the prior art has been inserted into the
`description; reference numbers have been inserted into the claims; and that claims 1 and 14
`have been arranged in two-part form, characterised over D1.
`
`
`
`
`
`

`
`
`
`21 April 2008
`31.237737
`
`— 4 —
`
`FRANKIB. DEHN Er Co.
`
`We trust this application is now in order for grant. However, if there are any objections we
`request a further Examination Report or the opportunity to discuss the objections with the
`Examiner by telephone.
`If, despite this, the Examining Division is at any stage intending to
`refuse this application for any reason, we hereby request Oral Proceedings.
`
`Form 1037 is enclosed for acknowledgment purposes.
`
`Yours faithfully
`Frank B Dehn & C0.