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 .
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.
When responding to this office action, applicants are advised to provide the examiner with line numbers and page numbers in the application and/or references cited to assist the examiner in locating appropriate paragraphs.
Per MPEP 2111 and 2111.01, the claims are given their broadest reasonable interpretation and the words of the claims are given their plain meaning consistent with the specification without importing claim limitations from the specification.
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Response to Arguments
Regarding claims 6-10 rejected under 35 U.S.C. 112(b), applicant’s amendment has been fully considered. However, the amendment does not resolve the indefiniteness identified in the prior office action. The 35 U.S.C. 112(b) rejection is therefore maintained.
Claim 6, as amended, introduce subject matter that lacks written description support in the originally filed disclosure. Hence, claims 6-10 are now rejected on new grounds under 35 U.S.C. 112(a).
Applicant's arguments with respect to claim 6 have been considered but are moot because the arguments do not apply to the new ground(s) of rejection presented in this Office action, necessitated by the applicant's amendment.
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.
Claims 6-10 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 6 recited “…the intervening dielectric structure having a top surface…below a top surface of the neighboring ones of the first epitaxial source or drain structures and the second epitaxial source or drain structures…”.
The specification describes recessing wall-extending dielectric material (e.g., dielectric material 426) relative to sacrificial epitaxial structures (e.g., 424), stating that the dielectric material is recessed to a level below a top surface of the sacrificial epitaxial structures (see e.g., fig. 4E and corresponding description). The specification further describes that the sacrificial epitaxial structures are subsequently removed, leaving cavities. Although the specification indicated that subsequent processing may include epitaxial growth in the cavities, the specification and figures do not clearly describe that the epitaxial source/drain structures ultimately formed have a top surface above the top surface of the intervening dielectric structure as now claimed.
Claims 7-10 are rejected under 35 U.S.C. 112(a) for their dependency of claim 6.
Claims 6-10 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.
Claim 6 recites the limitation "…a gate stack over the first and second vertical arrangements of nanowires…" in line 3. There is insufficient antecedent basis for this limitation in the claim. For the purpose of this examination, claim 6 will be interpreted as “…a gate stack over a first and second vertical arrangements of nanowires…”. For the purpose of examination, the limitation is interpretated as “"…a gate stack over the first and second fins…”.
Claims 7-10 are rejected under 35 U.S.C. 112(b) for their dependency of claim 6.
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 (i.e., changing from AIA to pre-AIA ) 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.
Claims 6, 8-10 are rejected under 35 U.S.C. 103 as being unpatentable over Kobrinsky (US 20200075770 A1) in view of Kim (US 20160293697 A1) further in view of Huang (US 20170069621 A1).
Re: Independent Claim 6 (currently amended), Kobrinsky discloses an integrated circuit structure, comprising:
a first fin (Kobrinsky, Fig 1J, first #104A', also see fig 3, first #304) and a second fin (Kobrinsky, Fig 1J, second #104B', also see fig 3, second #304);
a gate stack (Kobrinsky, Fig 1J and ¶ [0045]) over the first and second vertical arrangements of nanowires (Fig 1J, [0051], #104A and 104B "may be nanowire channels") (See also fig. 3 gate stack #308 over first nanowires #304A and second nanowires #304B);
first epitaxial source or drain structures (Kobrinsky, Fig1J, #120) at ends of the first fin;
second epitaxial source or drain structures (Kobrinsky, Fig1J, #112) at ends of the second fin;
and an intervening dielectric structure (Kobrinsky, Fig 1J, #124) between neighboring ones of the first epitaxial source or drain structures and the second epitaxial source or drain structures,
the intervening dielectric structure having a top surface (Kobrinsky, Fig 1J, top surface of #124) above a top surface (Kobrinsky, Fig 1J, top surface of 104A' and 104B') of the first and second fins.
Kobrinsky is silent regarding: and the intervening dielectric structure having a width at the top surface of the intervening dielectric structure less than a width below the top surface of the intervening dielectric structure.
However, Kim teaches the intervening dielectric structure having a width at the top surface of the intervening dielectric structure (Kim, Fig 5, width of top insulating layer #300/240) less than a width below the top surface of the intervening dielectric structure (Kim, Fig 5, width below the top of insulating layer #300/240). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to use Kim disclosed intervening dielectric structure having a width at the top surface of the intervening dielectric structure less than a width below the top surface of the intervening dielectric structure in the structure of Kobrinsky in order to minimize the capacitive coupling between the gate and source/drain extensions.
Both Kobrinsky and Kim are silent regarding the amended limitation: “the intervening dielectric structure having a top surface below a top surface of the neighboring ones of the first epitaxial source or drain structures and the second epitaxial source or drain structures”.
However, Huang the intervening dielectric structure having a top surface below a top surface of the neighboring ones of the first epitaxial source or drain structures and the second epitaxial source or drain structures (Huang teaches, in Fig. 6, ¶ [0026], forming dielectric fin/sidewall structures (260) whose height is set/tuned to adjust epitaxy profile of epitaxy structures (272 and 276), and teaches that epitaxy structures (276) protrude from the recesses and have top portions of 272 and 276 presented above the dielectric structure 260).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify Kobrinsky’s intervening dielectric structure (124) (e.g., by etch-back/height tuning of the dielectric wall between neighboring source/drain regions) so that its top surface is below the top surface of the neighboring epitaxial Source/drain structures, as taught by Huang, in order to control the epitaxial S/D growth/profile and maintain separation/isolation between neighboring S/D regions (Huang, ¶ [0026]).
Re: Claim 8 (original), Kobrinsky and Kim disclose all the limitations of claim 6 on which this claim depends. Kim further discloses:
wherein the intervening dielectric structure comprises an upper dielectric material (Kim, Fig 5, #300) on a lower dielectric material (Kim, Fig 5, #240).
Re: Claim 9 (original), Kobrinsky and Kim disclose all the limitations of claim 6 on which this claim depends. Kobrinsky further discloses:
wherein the first epitaxial source or drain structures and the second epitaxial source or drain structures are each non-discrete epitaxial source or drain structures (Kobrinsky, ¶ [0139]).
Re: Claim 10 (original), Kobrinsky and Kim disclose all the limitations of claim 6 on which this claim depends. Kobrinsky further discloses:
wherein the first fin is over a first sub-fin (Fig 3, first fin 304 is above first sub-fin 305), and the second fin is over a second sub-fin (second fin 304 is above sub-fin 305).
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Kobrinsky (US 20200075770 A1) in view of Kim (US 20160293697 A1) further in view of Huang (US 20170069621 A1) and further in view of Lu (US 11139247 B2).
Re: Claim 7 (original), Kobrinsky, Kim and Huang disclose all the limitations of claim 6 on which this claim depends.
Kobrinsky, Kim and Huang are silent regarding:
wherein the intervening dielectric structure comprises a pair of notches at the top surface of the intervening dielectric structure.
However, Lu teaches intervening dielectric structure (fig 1B, dielectric structure 20) comprises a pair of notches at the top surface of the intervening dielectric structure (Fig 1B, recess #R1 formed by a discontinuity between surface 201 and 202 connected by surface 203 define a notch like recess within the top surface of the dielectric).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to use Lu disclosed intervening dielectric structure comprises a pair of notches at the top surface of the intervening dielectric structure in the structure of Kobrinsky in order to achieve topographical and structural interface control between layers.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BIPANA ADHIKARI DAWADI whose telephone number is (571)272-4149. The examiner can normally be reached Monday-Friday 9:30am-6pm.
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/BIPANA ADHIKARI DAWADI/Examiner, Art Unit 2898
/JESSICA S MANNO/SPE, Art Unit 2898
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