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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 03, 2025 has been entered.
Status of the Claims
Group I was elected.
Amendment filed on December 03, 2025 is acknowledged. New Claim 21 has been added. Claim 2 has been cancelled. Claims 1, 3, 8, and 18 have been amended. Non-elected Invention, Group II, claims 9-17 have been withdrawn from consideration. Claims 1 and 3-21 are pending.
Action on merits of elected Invention, Group I, claims 1, 3-8 and 18-21 follows.
Specification
Various amendment to the Specification is acknowledged.
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 –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 18 and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by XIE et al. (US. Pub. No. 2017/0141211) of record.
With respect to claim 18, XIE ‘211 teaches a semiconductor device as claimed including:
a reduced diffusion break (RDB) structure having a RDB dielectric structure (162) vertically extended into a substrate (102) from a top portion of an inter dielectric layer (IDL) (118), wherein the RDB dielectric structure (162) is configured between a first RDB spacer (114, left) and a second RDB spacer (114, right);
a first sidewall spacer positioned between a first gate terminal (150B, left) and a first source/drain terminal (116) of a first active device (110A), wherein the first sidewall spacer includes a first L-shaped spacer (150A/110X) and a first outer spacer (114), the first L-shaped spacer and the first outer spacer (114) being in direct contact, the first L-shaped spacer having a base portion (110X) horizontally extended from the first gate terminal (110A) to the first source/drain terminal (116) and a vertical portion (150A, vertical) vertically extended parallel to the first outer spacer (114) to the top portion of the IDL (118); and
a second sidewall spacer positioned between a second gate terminal (150B, right) and a second source/drain terminal (116) of a second active device (110C), wherein the second sidewall spacer includes a second L-shaped spacer (150A/110X) and a second outer spacer (114), the second L-shaped spacer and the second outer spacer being in direct contact, the second L-shaped spacer having a base portion (110X) horizontally extended from the second gate terminal (150) to the second source/drain terminal (116) and a vertical portion (150A, vertical) vertically extended parallel to the second outer spacer (114) to the top portion of the IDL (118),
wherein the RDB dielectric structure (162), the first RDB spacer (114, left) and the second RDB spacer (114, right) are located between the first gate terminal (150B, left) and the second gate terminal (150B, right). (See FIG. 2S).
With respect to claim 20, the RDB structure (162) of XIE has a total reduced width that is less than a total width of the first active device (110A).
Claim Rejections - 35 USC § 103
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.
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over XIE ‘211 as applied to claim 18 above, and further in view of JUN et al. (US. Pub. No. 2018/02615961) of record.
XIE teaches the semiconductor device as described in claim 18 above including: the RDB dielectric structure (162) has a first reduced width, and wherein the first RDB spacer (114, left) and the second RDB spacer (114, right) each have a second reduced width less than a width of the first sidewall spacer (150A/114).
Thus XIE is shown to teach all the features of the claim with the exception of explicitly disclosing the width of the RDB dielectric structure has a first reduced width less than a width of the first gate terminal.
However, JUN teaches a RDB structure including:
a RDB dielectric structure (128) has a first reduced width less than a width of first gate terminal (GL), and wherein a first RDB spacer (162) and the second RDB spacer (162) each have a second reduced width less than a width of the first sidewall spacer (118/162). (See FIG. 2A).
Therefore, it would have been obvious to one having ordinary skill in the art at the time of invention was made to form the RDB dielectric structure of XIE having the first reduced width less than the width of the first gate terminal as taught by JUN for the same intended purpose of isolating adjacent devices.
It is well settled that "[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955) (Claimed process which was performed at a temperature between 40 ºC and 80 ºC and an acid concentration between 25% and 70% was held to be prima facie obvious over a reference process which differed from the claims only in that the reference process was performed at a temperature of 100 ºC and an acid concentration of 10%.); see also Peterson, 315 F.3d at 1330, 65 USPQ2d at 1382 ("The normal desire of scientists or artisans to improve upon what is already generally known provides the motivation to determine where in a disclosed set of percentage ranges is the optimum combination of percentages.").
Therefore, it would have been obvious to one having ordinary skill in the art at the time of invention was made to optimize the width of the RDB through routine experimentation to provide isolation between the devices.
Claims 1, 3-8 and 21 are rejected under 35 U.S.C. 103 as being unpatentable over XIE ‘211 in view of JUN ‘596.
With respect to claim 1, XIE teaches a reduced diffusion break (RDB) structure substantially as claimed including:
a first sidewall spacer positioned between a first gate terminal (150B, left) and a first source/drain terminal (116) of a first active device (110A), wherein the first sidewall spacer includes a first L-shaped spacer (150A/110X) and a first outer spacer (114), the first L-shaped spacer having a base portion (110x) horizontally extended from the first gate terminal (150B, left) to the first source/drain terminal (116) and a vertical portion (150A, vertical) vertically extended, parallel to the first outer spacer (114), to a top portion of a first inter dielectric layer (IDL, 118);
a second sidewall spacer positioned between a second gate terminal (150B, right) and a second source/drain terminal (116) of a second active device (110C), wherein the second sidewall spacer includes a second L-shaped spacer (150A/110X) and a second outer spacer (114), the second L-shaped spacer having a base portion (110x) horizontally extended from the second gate terminal (150B, right) to the second source/drain terminal (116) and a vertical portion (150A, vertical) vertically extended parallel to the second outer spacer (114), to a top portion of a second inter dielectric layer (IDL, 118); and
a RDB dielectric structure (162), located between the first gate terminal (150B, left) and the second gate terminal (150B, right), having a first reduced width, vertically extended from the top portion of the first IDL (118) into a substrate (102), wherein the RDB dielectric structure (162) is separated from the first source/drain terminal (116) by a first RDB spacer (114, left), the first RDB spacer (114, left) having a first upper spacer, wherein the first RDB spacer (114) has a second reduced width less thana width of the first sidewall spacer (150A/114), and the RDB dielectric structure (162) is separated from the second source/drain terminal (116) by a second RDB spacer (114, right), the second RDB spacer (114, right) having a second upper spacer, wherein the second RDB spacer (114, right) has a third reduced width less than a width of the second sidewall spacer (150A/114). (See FIG. 2S).
Thus XIE is shown to teach all the features of the claim with the exception of explicitly disclosing the RDB dielectric structure having the first reduced width being less than the width of the first gate terminal.
However, JUN teaches a RDB structure including:
a RDB dielectric structure (128), located between first gate terminal (GL, left) and second gate terminal (GL, right), having a first reduced width less than a width of the first gate terminal (GL), vertically extended from the top portion of the first IDL (180) into a substrate (110). (See FIG. 2A).
Therefore, it would have been obvious to one having ordinary skill in the art at the time of invention was made to form the RDB of XIE having the first reduced width being less than the width of the first gate terminal as taught by JUN for the same intended purpose of isolating adjacent devices.
It is well settled that "[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955) (Claimed process which was performed at a temperature between 40 ºC and 80 ºC and an acid concentration between 25% and 70% was held to be prima facie obvious over a reference process which differed from the claims only in that the reference process was performed at a temperature of 100 ºC and an acid concentration of 10%.); see also Peterson, 315 F.3d at 1330, 65 USPQ2d at 1382 ("The normal desire of scientists or artisans to improve upon what is already generally known provides the motivation to determine where in a disclosed set of percentage ranges is the optimum combination of percentages.").
Therefore, it would have been obvious to one having ordinary skill in the art at the time of invention was made to optimize the width of the RDB through routine experimentation to provide isolation between the devices.
With respect to claim 3, in view of JUN, the RDB dielectric structure (128) vertically extends from the top portion of the second IDL (180) into the substrate (110).
With respect to claim 4, the first RDB spacer of XIE further includes a first base spacer (110X) positioned directly beneath the first upper spacer (114) of the first RDB spacer and extends from the first source/drain terminal (116) to the RDB dielectric structure (162) directly above the substrate.
With respect to claim 5, a material of the first base spacer (110X) and a material of the L-shaped spacer (110X) of XIE are a same material.
With respect to claim 6, the base portion (110X) of the first L-shaped spacer of XIE is positioned directly beneath the first outer spacer (114) and above the substrate.
With respect to claim 7, a material of the first outer spacer (114) and a material of the first upper spacer (114) of XIE are a same material.
With respect to claim 8, in view of JUN, the RDB dielectric structure (128), the first RDB spacer (162, left), and the second RDB spacer (162, right) have a combined reduced width that is less than a combined width of the first gate terminal (GL).
With respect to claim 21, the RDB dielectric structure (162) of XIE is located between the first source/drain terminal (116, left) and the second source/drain terminal (116, right).
Response to Arguments
Applicant's arguments filed December 03, 2025 have been fully considered but they are not persuasive.
Rejection under 35 U.S.C. § 102
Applicant argues: Claim 18 is amended herein to recite, in part:"...the RDB dielectric structure, the first RDB spacer and the second RDB spacer are located between the first gate terminal and the second gate terminal." At a minimum, Xie does not teach the features added to the claim by amendment. Accordingly, Xie does not anticipate claim 1 (sic) under 35 U.S.C. § 102.
However, as shown in FIG. 2S, the RDB dielectric structure (162), the first RDB spacer (114, left) and the second RDB spacer (114, right) of XIE are clearly located between the first gate terminal (150B, left) and the second gate terminal (150B, right).
Therefore, claim 18 is clearly anticipated by XIE.
The rejection is maintained.
Rejection under 35 U.S.C. § 103
Applicant recites the limitations of claim 1, then argues: “At a minimum, Xie and Jun do not, together or individually, teach or suggest the features added to the claim by amendment. Accordingly, claim 1 is allowable.”.
Applicant fails to particularly point which limitation(s) the combine XIE and JUN do not teach.
However, the rejection of amended claim 1, see the rejection above, has addressed all limitation of the amended claim 1, which includes all limitations in the argument.
Therefore, claim 1 and all dependent claims are obvious over XIE and JUN.
The rejection is maintained.
Conclusion
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/ANH D MAI/ Primary Examiner, Art Unit 2893