DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on December 4, 2025 has been entered.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on December 4, 2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 27 rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the enablement requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention.
Regarding claim 27. Claim 27 recites the limitation “wherein forming the first gate electrode comprises forming the first gate electrode with a top surface that faces a top surface of the heater and faces away from the first gate dielectric layer”.
Applicant does not have written support in the originally filed specifications for wherein forming the first gate electrode comprises forming the first gate electrode with a top surface that faces a top surface of the heater and faces away from the first gate dielectric layer. Applicant’s FIG. 6 shows that the primary stack is made first (step 602) and then the heater is formed (step 606).
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
Claims 1-4, 6, 8, 11-18, 22-27 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claims 1, 12, and 16. Claim 1 recites the limitation "wherein the inner heating elements and the outer heating elements have the same width" in the last line of the claim language. There is insufficient antecedent basis for this limitation in the claim.
For the purpose of examination and compact prosecution, examiner shall interpret “wherein the inner heating elements and the outer heating elements have the same width” to be the first pair of adjacent inner heating elements and the second pair of adjacent outer heating elements have the same width.
Independent claims 12 and 16 are rejected for the analogous reasons as independent claim 1 above.
Claims 2-4, 6, 8, 11, 13-15, 17, 18, 22-27 are rejected for dependence upon a 112(b) rejected instance claim.
Regarding claim 27. Claim 27 recites the limitation “wherein forming the first gate electrode comprises forming the first gate electrode with a top surface that faces a top surface of the heater and faces away from the first gate dielectric layer”.
Claim 27 depends upon claim 1 which requires wherein forming the primary gate stack comprises forming a first gate dielectric on a first surface of the common channel region, forming a heater in a dielectric layer below the primary gate stack. Claim 27 appears to be mutually exclusive to claim 1 which requires the heater to be formed on the primary stack with the first gate dielectric. It is unclear to the examiner as to what applicant is attempting to claim.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1, 2, 6, 8, 11-18, 22 are rejected under 35 U.S.C. 103 as being unpatentable over Liu et al (U.S. 2016/0334362), and further in view of Kuemin et al (U.S. 2016/0011134).
Regarding claim 1. Liu et al discloses a method (FIG. 1-21), comprising:
forming a dual-gate back side sensing field effect transistor (DG-BSS FET) (FIG. 1A, item 125A; [0028], i.e. dual gate bioFETs 125A), wherein forming the DG-BSS FET comprises:
forming a primary gate stack (FIG. 1A, item 131, 133) and a secondary gate stack (FIG. 1A, item 121, 119) on vertically opposing surfaces of a common channel region (FIG. 1A, item 127),
wherein forming the primary gate stack (FIG. 1A, item 131, 133) comprises forming a first gate dielectric (FIG. 1A, item 131) on a first surface of the common channel region (FIG. 1A, item 127), and forming a first gate electrode (FIG. 1A, item 133) over the first gate dielectric (FIG. 1A, item 131), and
wherein forming the secondary gate stack (FIG. 1A, item 121, 119) comprises forming a second gate dielectric (FIG. 1A, item 121) on a second surface of the common channel region (FIG. 1A, item 127) and disposing a capture reagent (FIG. 1A, item 119) on the second gate dielectric (FIG. 1A, item 121), and
forming a first source/drain (FIG. 1A, item 115 left of item 127) and a second source/drain (FIG. 1A, item 115 right of item 127) laterally separated from each other by the common channel region (FIG. 1A, item 127);
forming a heater (FIG. 1A, item 113A) in a dielectric layer (FIG. 1A, item 131, 154) below (FIG. 1A, item 113A is to the left of items 131, 133) the primary gate stack (FIG. 1A, item 131, 133),
wherein the forming the heater comprises forming heating elements in a concentric arrangement ([0050], i.e. heating elements 113 surrounds on four sides)
forming a temperature sensor (FIG. 1A, item 111) in thermal communication ([0025] Temperature sensors 111 can be disposed in or adjacent active layer 155 and can be any suitable type of temperature sensor) with the DG-BSS FET (FIG. 1A, item 125A),
Liu et al fails to explicitly disclose:
forming arc-shaped heating elements
wherein a first distance between a first pair of adjacent inner heating elements of the arc-shaped heating elements is greater than a second distance between a second pair of adjacent outer heating elements of the arc-shaped heating elements,
wherein the first pair of adjacent inner heating elements is separated from the second pair of adjacent outer heating elements by a third distance less than the first distance and greater than the second distance, and
wherein the inner heating elements and the outer heating elements have the same width.
However, Kuemin et al teaches:
forming arc-shaped heating elements ([0036]-[0037])
wherein a first distance between a first pair of adjacent inner heating elements of the arc-shaped heating elements is greater than a second distance between a second pair of adjacent outer heating elements of the arc-shaped heating elements (FIG. 4; [0073-0074], i.e. the distances between individual metallic leads of the heater elements 6a, 6b are, in the shown embodiment, smaller in the outer and intermediate regions 30.1c-30.2c, 30.1b+30.2b than in the inner region 30.1a+30.2a.).
Since both Liu et al and Kuemin et al teach heating elements, it would have been obvious to one having ordinary skill in the art of semiconductors before the effective filing date of the claimed invention to have combined the method as disclosed to modify Liu et al with the forming arc-shaped heating elements, wherein a first distance between a first pair of adjacent inner heating elements of the arc-shaped heating elements is greater than a second distance between a second pair of adjacent outer heating elements of the arc-shaped heating elements as disclosed by Kuemin et al. The use of the distances between individual metallic leads of the heater elements are Smaller in the outer and intermediate regions than in the inner region, the current density, maintaining a uniform temperature across device regions in Kuemin et al provides for generating more heat in the periphery of the hotplate for a uniform temperature distribution (Kuemin et al, [0015]).
Kuemin et al does not specifically recite wherein the first pair of adjacent inner heating elements is separated from the second pair of adjacent outer heating elements by a third distance less than the first distance and greater than the second distance, and wherein the inner heating elements and the outer heating elements have the same width.
Kuemin et al teaches ([0054]) to obtain symmetric temperature distribution in the hotplate, the shown heater elements 6a, 6b form a pattern that is rotationally symmetric in view of the center of hotplate 4, and ([0074]) the distances between individual metallic leads of the heater elements 6a, 6b are, in the shown embodiment, smaller in the outer and intermediate regions than in the inner region and [0071] the resistivity are advantageously the same for all conductors of the heating structure.
Since Liu et al and Kuemin et al teach heater elements, it would have been obvious to one having ordinary skill in the art of semiconductors before the effective filing date of the claimed invention to have combined the method as disclosed to modify Liu et al and Kuemin et al with the teachings of a result effective variable of a third distance that is smaller than the first distance and greater than the second distance to obtain uniform temperature distribution as suggested by Kuemin et al. The use of a symmetric temperature distribution by using smaller distances between individual leads on the outer and intermediate regions and the resistivity are advantageously the same for all conductors of the heating structure in Kuemin et al provides for generating more heat in the periphery of the hotplate for a uniform temperature distribution (Kuemin et al, [0015]).
As it has been judicially determined that the selection of a result effective variable was within the ordinary skill level, the third distance does not patentably distinguish over the reference MPEP 2144.05.
Kuemin et al fails to explicitly disclose wherein the inner heating elements and the outer heating elements have the same width.
Kuemin et al does suggest manipulating the distance between heating elements to achieve a desired heat generation ([0074] and manipulating the width (if the height is not varied) to achieve a desired current density ([0071]).
It would have been obvious to one having ordinary skill in the art of semiconductors before the effective filing date of the claimed invention to have modified Liu by manipulating the distance between heating elements and width of each heating element since it was known in the art to do so to achieve a desired temperature and current density, as suggested by Kuemin et al. Furthermore, it has been held that discovering the optimum value of a result effective variable involves only routine skill in the art. See In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980) and MPEP § 716.02(d) - § 716.02(e), In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955) and MPEP § 2144.05.
Regarding claim 2. Liu et al and Kuemin et al discloses all the limitations of the method of claim 1.
Liu et al further discloses wherein each of the concentrically-arranged heating elements comprises a resistor ([0022], i.e. Heating elements 113 can be resistive elements).
Regarding claim 6. Liu et al and Kuemin et al discloses all the limitations of the method of claim 1.
Liu et al further discloses wherein the second gate dielectric (FIG. 1A, item 121) comprises hafnium oxide ([0029]).
Regarding claim 8. Liu et al and Kuemin et al discloses all the limitations of the method of claim 1.
Liu et al further discloses wherein the capture reagent comprises a biological molecule ([0030], i.e. A selective binding agent 119 is a biological composition having the property of selectively binding with a particular analyte. Many biological molecules and structures are charged.).
Regarding claim 11. Liu et al and Kuemin et al discloses all the limitations of the method of claim 1.
Liu et al further discloses wherein the heater is configured to maintain a temperature gradient across its surface area less than or equal to 1.5 °C ([0051], i.e. This configuration may facilitate maintaining a uniform temperature across device regions 126. A uniform temperature would be one that varies by no more than 2° C).
Regarding claim 12. Liu et al disclose a method (FIG. 1-21), comprising:
forming a first gate stack (FIG. 1A, item 131, 133) on a first surface of a channel region (FIG. 1A, item 127), wherein forming the first gate stack,(FIG. 1A, item 131, 133) comprises forming a first gate dielectric (FIG. 1A, item 131) on the first surface of the channel region (FIG. 1A, item 127), and forming a first gate electrode (FIG. 1A, item 133) over the first gate dielectric (FIG. 1A, item 131);
forming a second gate stack (FIG. 1A, item 121, 119) on a second surface of the channel region (FIG. 1A, item 127), wherein forming the second gate stack (FIG. 1A, item 121, 119) comprises forming a second gate dielectric (FIG. 1A, item 121) on the second surface of the channel region (FIG. 1A, item 127), and disposing a capture reagent (FIG. 1A, item 119) on the second gate dielectric (FIG. 1A, item 121);
forming a heater (FIG. 1A, item 113A) in a dielectric layer (FIG. 1A, item 131, 154) below (FIG. 1A, item 113A is to the left of items 131, 133) the first gate stack (FIG. 1A, item 131, 133),
wherein forming the heater comprises forming concentrically-arranged heating elements ([0050], i.e. heating elements 113 surrounds on four sides)
forming a fluidic channel (FIG. 1A, item 104) over the second gate stack (FIG. 1A, item 121, 119).
Liu et al fails to explicitly disclose:
with a first distance between a first pair of adjacent inner heating elements greater than a second distance between a second pair of adjacent outer heating elements,
wherein the first pair of adjacent inner heating elements is separated from the second pair of adjacent outer heating elements by a third distance less than the first distance and greater than the second distance, and
wherein the inner heating elements and the outer heating elements have the same width.
However, Kuemin et al teaches:
with a first distance between a first pair of adjacent inner heating elements greater than a second distance between a second pair of adjacent outer heating elements (FIG. 4; [0073], i.e. the distances between individual metallic leads of the heater elements 6a, 6b are, in the shown embodiment, Smaller in the outer and intermediate regions 30.1c-30.2c, 30.1b+30.2b than in the inner region 30.1a+30.2a.),
Since both Liu et al and Kuemin et al teach heating elements, it would have been obvious to one having ordinary skill in the art of semiconductors before the effective filing date of the claimed invention to have combined the method as disclosed to modify Liu et al with the with a first distance between a first pair of adjacent inner heating elements greater than a second distance between a second pair of adjacent outer heating elements as disclosed by Kuemin et al. The use of the distances between individual metallic leads of the heater elements are Smaller in the outer and intermediate regions than in the inner region, the current density, maintaining a uniform temperature across device regions in Kuemin et al provides for generating more heat in the periphery of the hotplate for a uniform temperature distribution (Kuemin et al, [0015]).
Kuemin et al does not specifically recite wherein the first pair of adjacent inner heating elements is separated from the second pair of adjacent outer heating elements by a third distance less than the first distance and greater than the second distance, and wherein the inner heating elements and the outer heating elements have the same width.
Kuemin et al teaches ([0054]) to obtain symmetric temperature distribution in the hotplate, the shown heater elements 6a, 6b form a pattern that is rotationally symmetric in view of the center of hotplate 4, and ([0074]) the distances between individual metallic leads of the heater elements 6a, 6b are, in the shown embodiment, smaller in the outer and intermediate regions than in the inner region and [0071] the resistivity are advantageously the same for all conductors of the heating structure.
Since Liu et al and Kuemin et al teach heater elements, it would have been obvious to one having ordinary skill in the art of semiconductors before the effective filing date of the claimed invention to have combined the method as disclosed to modify Liu et al and Kuemin et al with the teachings of a result effective variable of a third distance that is smaller than the first distance and greater than the second distance to obtain uniform temperature distribution as disclosed by Kuemin et al. The use of a symmetric temperature distribution by using smaller distances between individual leads on the outer and intermediate regions and the resistivity are advantageously the same for all conductors of the heating structure in Kuemin et al provides for generating more heat in the periphery of the hotplate for a uniform temperature distribution (Kuemin et al, [0015]).
As It has been judicially determined that the selection of a result effective variable was within the ordinary skill level, the third distance does not patentably distinguish over the reference MPEP 2144.05.
Kuemin et al fails to explicitly disclose wherein the inner heating elements and the outer heating elements have the same width.
Kuemin et al does suggest manipulating the distance between heating elements to achieve a desired heat generation ([0074] and manipulating the width (if the height is not varied) to achieve a desired current density ([0071]).
It would have been obvious to one having ordinary skill in the art of semiconductors before the effective filing date of the claimed invention to have modified Liu by manipulating the distance between heating elements and width of each heating element since it was known in the art to do so to achieve a desired temperature and current density, as suggested by Kuemin et al. Furthermore, it has been held that discovering the optimum value of a result effective variable involves only routine skill in the art. See In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980) and MPEP § 716.02(d) - § 716.02(e), In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955) and MPEP § 2144.05.
Regarding claim 13. Liu et al and Kuemin et al discloses all the limitations of the method of claim 12.
Liu et al further discloses further comprising forming a temperature sensor (FIG. 11, item 111A) on the dielectric layer (FIG. 11, item 154) prior (FIG. 4, item 227) to forming (FIG. 4, item 271) the second gate stack (FIG. 21, item 121).
Regarding claim 14. Liu et al and Kuemin et al discloses all the limitations of the method of claim 12.
Liu et al further discloses wherein the heating elements are spaced apart ([0074] In order to have a high heat generation in the outer region 30.1c+30.2c, the outer sections 15 of the heating elements 6a, 6b have smaller electrical cross section than the inner sections 16. Further, the distances between individual metallic leads of the heater elements 6a, 6b are, in the shown embodiment, smaller in the outer and intermediate regions 30.1c+30.2c, 30.1b+30.2b than in the inner region 30.1a+30.2a.) from each other such that the heating elements have temperature differentials with respect to a thermal ground equal to each other ([0051], i.e. In some embodiments, all the heating elements 113 in device region 126 are coupled, whereby they are controlled together. This configuration simplifies the control circuitry while still allowing the heating elements 113 of distinct device regions 126 to be controlled independently. In other embodiments, the heating elements 113 in device region 126 are coupled in a plurality of independent circuits, whereby different groups of heating elements 113 within a device region 126 can be controlled independently. This configuration may facilitate maintaining a uniform temperature across device regions 126. A uniform temperature would be one that varies by no more than 2° C. across a device region 126 at any given moment in time).
Regarding claim 15. Liu et al and Kuemin et al discloses all the limitations of the method of claim 12.
Liu et al further discloses further comprising forming a multi-level interconnect (FIG. 1A, item 144) structure in the dielectric layer (FIG. 1A, item 153), wherein an innermost heating element and an outermost heating element ([0050], i.e. heating elements 113 surrounds on four sides) are connected to each other through an electrical connection of the multi- level interconnect structure ([0013], i.e. an integrated circuit device in which heaters and temperature sensors are formed into a device layer that also includes bioFETs. The integrated circuit device can be operational to heat fluids and control fluid temperatures independently among a plurality of small volumes adjacent differing localities on the device. Localized heating can be facilitated by forming a multilayer metal interconnect structure on the opposite side of the device layer from the fluid gates of the bioFETs. In this configuration, the heating elements are located between the multilayer metal interconnect structure and the fluid so that the heat does not need to warm and diffuse through the multilayer metal interconnect structure to reach the fluid).
Regarding claim 16. Liu et al discloses a method, comprising:
forming a first gate (FIG. 1A, item 133) on a first surface of a substrate (FIG. 1A, item 155);
forming a dielectric layer (FIG. 1A, item 153 and 154) on the first gate (FIG. 1A, item 133);
forming a multi-level interconnect structure (FIG. 1A, item 134, 149,151) within the dielectric layer (FIG. 1A, items 153 and 154);
forming a heater (FIG. 1A, item 113A) in the dielectric layer (FIG. 1A, item 153 and 154) below the first gate (FIG. 1A, item 133)
wherein forming the heater comprises forming the heater with a resistor
and forming a second gate stack (FIG. 1A, item 121; FIG. 4, item 271) on a second surface of the channel region (FIG. 1A, item 127; FIG. 4, item 269) after the forming the heater (FIG. 1A, item 113A, FIG. 4, item 229),
wherein the second surface (FIG. 1A, surface item 127 is on) is opposite to the first surface (FIG. 1A, surface item 131 is on) and wherein a channel regions (FIG. 1A, item 127) is formed in a portion (FIG. 1A, item 127) of the substrate (FIG. 1A, item 155) between the first (FIG. 1A, item 133) and second (FIG. 1A, item 121) gate stack.
wherein forming the heater comprises forming the heater ([0023], i.e. some embodiments, heating elements 113)
Liu et al fails to explicitly disclose comprises forming arc-shaped heating elements with a first distance between a first pair of adjacent inner arc-shaped heating elements greater than a second distance between a second pair of adjacent outer arc-shaped heating elements,
wherein the first pair of adjacent inner arc-shaped heating elements is separated from the second pair of adjacent outer arc-shaped heating elements by a third distance less than the first distance and greater than the second distance, and
wherein the inner arc-shaped heating elements and the outer arc-shaped heating elements have the same width.
However, Kuemin et al teaches:
Comprises forming arc-shaped heating elements ([0036]-[0037])
with a first distance between a first pair of adjacent inner arc-shaped heating elements greater than a second distance between a second pair of adjacent outer arc-shaped heating elements (FIG. 4; [0073-0074], i.e. the distances between individual metallic leads of the heater elements 6a, 6b are, in the shown embodiment, smaller in the outer and intermediate regions 30.1c-30.2c, 30.1b+30.2b than in the inner region 30.1a+30.2a.).
Since Both Liu et al and Kuemin et al teach heating elements, It would have been obvious to one having ordinary skill in the art of semiconductors before the effective filing date of the claimed invention to have combined the method as disclosed to modify Liu et al with the comprises forming arc-shaped heating elements with a first distance between a first pair of adjacent inner arc-shaped heating elements greater than a second distance between a second pair of adjacent outer arc-shaped heating elements as disclosed by Kuemin et al. The use of the distances between individual metallic leads of the heater elements are Smaller in the outer and intermediate regions than in the inner region, the current density, maintaining a uniform temperature across device regions in Kuemin et al provides for generating more heat in the periphery of the hotplate for a uniform temperature distribution (Kuemin et al, [0015]).
Kuemin et al does not specifically recite wherein the first pair of adjacent inner heating elements is separated from the second pair of adjacent outer heating elements by a third distance less than the first distance and greater than the second distance, and wherein the inner heating elements and the outer heating elements have the same width.
Kuemin et al teaches ([0054]) to obtain symmetric temperature distribution in the hotplate, the shown heater elements 6a, 6b form a pattern that is rotationally symmetric in view of the center of hotplate 4, and ([0074]) the distances between individual metallic leads of the heater elements 6a, 6b are, in the shown embodiment, smaller in the outer and intermediate regions than in the inner region and [0071] the resistivity are advantageously the same for all conductors of the heating structure.
Since Liu et al and Kuemin et al teach heater elements, it would have been obvious to one having ordinary skill in the art of semiconductors before the effective filing date of the claimed invention to have combined the method as disclosed to modify Liu et al and Kuemin et al with the teachings of a result effective variable of a third distance that is smaller than the first distance and greater than the second distance to obtain uniform temperature distribution as disclosed by Kuemin et al. The use of a symmetric temperature distribution by using smaller distances between individual leads on the outer and intermediate regions and the resistivity are advantageously the same for all conductors of the heating structure in Kuemin et al provides for generating more heat in the periphery of the hotplate for a uniform temperature distribution (Kuemin et al, [0015]).
As It has been judicially determined that the selection of a result effective variable was within the ordinary skill level, the third distance does not patentably distinguish over the reference MPEP 2144.05.
Kuemin et al fails to explicitly disclose wherein the inner heating elements and the outer heating elements have the same width.
Kuemin et al does suggest manipulating the distance between heating elements to achieve a desired heat generation ([0074] and manipulating the width (if the height is not varied) to achieve a desired current density ([0071]).
It would have been obvious to one having ordinary skill in the art of semiconductors before the effective filing date of the claimed invention to have modified Liu by manipulating the distance between heating elements and width of each heating element since it was known in the art to do so to achieve a desired temperature and current density, as suggested by Kuemin et al. Furthermore, it has been held that discovering the optimum value of a result effective variable involves only routine skill in the art. See In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980) and MPEP § 716.02(d) - § 716.02(e), In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955) and MPEP § 2144.05.
Regarding claim 17. Liu et al and Kuemin et al discloses all the limitations of the method of claim 16 above.
Liu et al further discloses further comprising forming a via line (FIG. 1A, item 157A; FIG. 18, item 157) on the multi-level interconnect structure (FIG. 1A, item 134, 149,151; FIG. 17, item 134, 149,151) through the substrate (FIG. 17, item 155) after the forming the second gate (FIG. 17, item 156).
Regarding claim 18. Liu et al and Kuemin et al discloses all the limitations of the method of claim 16 above.
Liu et al further discloses further comprising forming a fluidic channel (FIG. 1A, item 104) over the second gate (FIG. 1A, item 121).
Regarding claim 22. Liu et al and Kuemin et al discloses all the limitations of the method of claim 2.
Kuemin et al further discloses wherein forming the heater further comprises forming the first (FIG. 3, item 21a), second (FIG. 3, item 21b), third (FIG. 3, item 21d), and fourth (FIG. 3, item 21e) heating elements (FIG. 3, item 6a) with first, second, third, and fourth radii ([0015]), respectively, and
Kuemin et a fails to explicitly disclose wherein a sum of the first and fourth radii is equal to a sum of the second and third radii.
Kuemin et al teaches the spacing between the heating elements gradually gets smaller as the radius of the heating element increases ([0073], i.e. the distances between individual metallic leads of the heater elements 6a, 6b are, in the shown embodiment, Smaller in the outer and intermediate regions 30.1c-30.2c, 30.1b+30.2b than in the inner region 30.1a+30.2a.) the resistivity as well as the thickness (height) are advantageously the same for all conductors of the heating structure [0071].
it would have been obvious to one having ordinary skill in the art of semiconductors before the effective filing date of the claimed invention to have adjusted the spacing between the heating elements gradually gets smaller as the radius of the heating element increases to have the resistivity as well as the thickness (height) are advantageously the same for all conductors of the heating structure in Kuemin. The use the distances between individual metallic leads of the heater elements smaller in the outer and intermediate regions and the resistivity as well as the thickness (height) are advantageously the same for all conductors of the heating structure in Kuemin et al provides for generating more heat in the periphery of the hotplate for a uniform temperature distribution (Kuemin et al, [0015]).
Regarding claim 23. Liu et al and Kuemin et al discloses all the limitations of the method of claim 16 above.
Liu et al further discloses forming the heater
Liu et al fails to explicitly disclose wherein the heater comprises electrically connecting a first end of a first heating element of the arc-shaped heating elements to a first end of a second heating element of the arc-shaped heating elements, wherein the first ends of the first and second heating elements are not in physical contact with each other and wherein second ends of the first and second heating elements are not in physical contact with each other.
However, Kuemin et al teaches wherein the heater (FIG. 3, item 6a) comprises electrically connecting (FIG. 3, item 20a) a first end (FIG. 3, item First Ends) of a first heating element (FIG. 3, item 21b) of the arc-shaped heating elements ([0036]-[0037]) to a first end of a second heating element (FIG. 3, item 21e) of the arc-shaped heating elements ([0036]-[0037]), wherein the first ends (FIG. 3, item First Ends) of the first (FIG. 3, item 21b) and second (FIG. 3, item 20e) heating elements (FIG. 3, item 21 and item 21e) are not in physical contact with each other (FIG. 3, first ends of item 21 and item 21e are not in physical contact with each other) and wherein second ends (FIG. 3, item Second Ends) of the first (FIG. 3, item 21b) and second (FIG. 3, item 20e) heating elements (FIG. 3, item 21 and item 21e) are not in physical contact with each other (FIG. 3, second ends of item 21 and item 21e are not in physical contact with each other).
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Regarding claim 24. Liu et al, and Kuemin et al discloses all the limitations of the method of claim 23 above.
Kuemin et al further discloses wherein the first ends (FIG. 3, first ends of item 21b and item 21e) of the first (FIG. 3, first ends of item 21b) and second (FIG. 3, first ends of item 21e) heating elements (FIG. 3, item 6a) are in a first quadrant (FIG. 3, first quadrant) of the first (FIG. 3, first ends of item 21b) and second (FIG. 3, first ends of item 21e) heating elements (FIG. 3, item 6a), and
wherein the second ends (FIG. 3, second ends of item 21b and item 17) of the first (FIG. 3, second end of item 21b) and second (FIG. 3, second end of item 17) heating elements (FIG. 3, item 6a) are in a second quadrant (FIG. 3, second quadrant) of the first (FIG. 3, second end of item 21b) and second (FIG. 3, second end of item 21e) heating elements (FIG. 3, item 6a).
Regarding claim 25. Liu et al, and Kuemin et al discloses all the limitations of the method of claim 23 above.
Liu et al discloses an electrical connector (FIG. 1A, item 151) of the multi-level interconnect structure (FIG. 1A, item 134, 149,151).
Kuemin et al further discloses wherein electrically connecting (FIG. 3, item 20a) the first end (FIG. 3, first end of item 21b) of the first heating element (FIG. 3, item 21b) to the first end (FIG. 3, first end of item 21e) of the second heating element (FIG. 3, item 21e) comprises electrically connecting (FIG. 3, item 20a) the first end (FIG. 3, first end of item 21b) of the first heating element (FIG. 3, item 21b) to the first end (FIG. 3, first end of item 21e) of the second heating element (FIG. 3, item 21e) through an electrical connector (FIG. 3, item 20a).
Regarding claim 26. Liu et al, and Kuemin et al discloses all the limitations of the method of claim 1 above.
Kuemin et al further discloses wherein an innermost heating element (FIG. 3, item 21b) of the arc-shaped heating elements ([0036]-[0037]) is electrically connected ([0055-[0056]) to an outermost heating element (FIG. 3, item 21e) of the arc-shaped heating elements ([0036]-[0037]),
wherein a second innermost heating element (FIG. 3, item 21c) of the arc-shaped heating elements ([0036]-[0037]) is electrically connected ([0055-[0056]) to a second outermost heating element (FIG. 3, item 21d) of the arc-shaped heating elements ([0036]-[0037]), and
wherein the innermost heating element (FIG. 3, item 21b), the outermost heating element (FIG. 3, item 21e), the second innermost heating element (FIG. 3, item 21c), and the second outermost heating element (FIG. 3, item 21d) are not physically connected to each other ([0056], i.e. the conductors 21a-21e are strip-shaped and arcuate. In particular, the conductors 21a-21e form circular arcs concentric to the center of hotplate 4).
Regarding claim 27. Liu et al, and Kuemin et al discloses all the limitations of the method of claim 1 above.
Liu et al further discloses wherein forming the first gate electrode (FIG. 1A, item 133) comprises forming the first gate electrode (FIG. 1A, item 133) with a top surface (FIG. 1A, side surface of item 133) that faces a top surface (FIG. 1A, side surface of item 113A) of the heater (FIG. 1A, item 113A) and faces away (FIG. 1A, side surface of item 133 faces away from item 131) from the first gate dielectric layer (FIG. 1A, item 131).
Claims 3 and 4 are rejected under 35 U.S.C. 103 as being unpatentable over Liu et al (U.S. 2016/0334362), and Kuemin et al (U.S. 2016/0011134) as applied to claim 2 above, and further in view of Flachowsky et al (U.S. 2016/0064123)
Regarding claim 3. Liu et al and Kuemin et al discloses all the limitations of the method of claim 2 above.
Liu et al further discloses wherein the resistor ([0023], i.e. some embodiments, heating elements 113 are doped polysilicon).
Liu et al fails to explicitly disclose wherein the resistor comprises TiAIN.
However, Flachowsky et al teaches wherein the resistor comprises TiAIN ([0045], i.e. First resistive region 120 may be, for instance, a metallic region, where the metal could be, for instance, any of TiAlN).
Flachowsky et al also discloses that resistive regions could be polysilicon ([0049], i.e. . The second resistive region 160 may be, for instance, a semiconductor region made of, for instance, any of silicon, polysilicon).
Furthermore, applicant discloses in [0060] in applicant’s originally filed specification that the heater 202 is an electric-resistive heater with a resistor formed from a layer of titanium aluminum nitride (TiAlN). In alternative embodiments, the resistor can be formed from polysilicon, tungsten silicide (WSix), or any other conductor with suitable sheet resistance.
Applicant has not disclosed any criticality of using TiAlN over other materials such as polysilicon or tungsten.
Since Both Liu et al and Flachowsky et al teach polysilicon resistors, it would have been obvious to one having ordinary skill in the art of semiconductors before the effective filing date of the claimed invention to have combined the method as disclosed in Liu et al and Kuemin et al with the resistor comprises TiAIN as disclosed by Flachowsky et al. The use of First resistive region may be, for instance, a metallic region, where the metal could be, for instance, any of TiAlN in Flachowsky et al provides for a resistor which has a resistance value substantially stable in a range of operating temperatures and a manufacturing method (Flachowsky et al, [0002]).
Regarding claim 4. Liu et al and Kuemin et al discloses all the limitations of the method of claim 2.
Liu et al further discloses wherein the resistor ([0023], i.e. some embodiments, heating elements 113 are doped polysilicon).
Liu et al fails to explicitly disclose wherein the resistor comprises a silicide.
However, Flachowsky et al teaches wherein the resistor comprises silicide ([0014], a second resistive region which, in a CMOS process flow, may also be used as part of a silicide gate layer).
Flachowsky et al also discloses that resistive regions could be polysilicon ([0049], i.e., The second resistive region 160 may be, for instance, a semiconductor region made of, for instance, any of silicon, polysilicon).
Furthermore, applicant discloses in [0060] in applicant’s originally filed specification that the heater 202 is an electric-resistive heater with a resistor formed from a layer of titanium aluminum nitride (TiAlN). In alternative embodiments, the resistor can be formed from polysilicon, tungsten silicide (WSix), or any other conductor with suitable sheet resistance.
Applicant has not disclosed any criticality of using silicide over other materials such as polysilicon or tungsten.
Since Both Liu et al and Flachowsky et al teach polysilicon resistors, it would have been obvious to one having ordinary skill in the art of semiconductors before the effective filing date of the claimed invention to have combined the method as disclosed in Liu et al and Kuemin et al with the wherein the resistor comprises silicide as disclosed by Flachowsky et al. The use of a second resistive region which, in a CMOS process flow, may also be used as part of a silicide gate layer in Flachowsky et al provides for a resistor which has a resistance value substantially stable in a range of operating temperatures and a manufacturing method (Flachowsky et al, [0002]).
Response to Arguments
Applicant's arguments filed December 4, 2025 have been fully considered but they are not persuasive.
On page 9-10 of applicant’s remarks, Applicant appears to argue that Kuemin does not disclose applicant’s amended claim 1, 12 and 16 limitations of wherein a first distance between a first pair of adjacent inner heating elements of the arc-shaped heating elements is greater than a second distance between a second pair of adjacent outer heating elements of the arc-shaped heating elements.
Examiner respectfully disagrees and points out Kuemin et al discloses (FIG. 4; [0073-0074]) i.e. the distances between individual metallic leads of the heater elements 6a, 6b are, in the shown embodiment, smaller in the outer and intermediate regions 30.1c-30.2c, 30.1b+30.2b than in the inner region 30.1a+30.2a. Kuemin et al teaches applicant’s amended claim limitation.
On page 9-10 of applicant’s remarks, Applicant appears to argue that Kuemin does not disclose applicant’s amended claim 1, 12 and 16 limitations of wherein the first pair of adjacent inner heating elements is separated from the second pair of adjacent outer heating elements by a third distance less than the first distance and greater than the second distance.
Examiner respectfully disagrees.
Applicant discloses in [0067] determining spacing to improved temperature distribution… the spacing between the heating elements can be selected to achieve greater temperature uniformity across the heater than would be achieved with equal spacing between heating elements, and [0069] it is desirable to electrically connect the heating elements so that the total resistance across each group of connected heating elements is nominally equal.
Kuemin et al teaches ([0054]) to obtain symmetric temperature distribution in the hotplate, the shown heater elements 6a, 6b form a pattern that is rotationally symmetric in view of the center of hotplate 4, and ([0074]) the distances between individual metallic leads of the heater elements 6a, 6b are, in the shown embodiment, smaller in the outer and intermediate regions than in the inner region and [0071] the resistivity are advantageously the same for all conductors of the heating structure.
On page 9-10 of applicant’s remarks, Applicant appears to argue that Kuemin does not disclose applicant’s amended claim 1, 12 and 16 limitations of wherein the inner heating elements and the outer heating elements have the same width.
Examiner respectfully disagrees. Applicant’s originally filed specification states in [0070] to ensure nominally uniform current density through each heating element, heating element width W…. Applicant further states in ([0075]) for uniform current density through each heating element, heating element width W is limited to 30 μm or less according to the disclosure.
Kuemin et al disclose in ([0062]) the maximum width of a conducting lead of the heater structure is less than 12 μm, in particular less than 10 μm, to avoid dishing, and current density in ([0071]), the main parameter for influencing the heating power in the conductors is the current density j, and this current density j primarily depends on the conductor geometry, in particular the width (if the height is not varied) of the conductors as well as the manner in which the conductors are branching and (in particular for parallel conductors) the lengths of the individual conductors and the temperature distribution can be assessed using finite element calculus.
Examiner respectfully points out that that Liu et al and Kuemin et al discloses applicants amended claim 1, 12, and 16.
Conclusion
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/S.E.B./ Examiner, Art Unit 2815 /JOSHUA BENITEZ ROSARIO/Supervisory Patent Examiner, Art Unit 2815