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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 10/27/2025 has been entered.
Response to Amendment
The amendment filed on 10/27/2025 has been accepted and entered. Claims 1-5, 7-20 and 22-27 remain pending in this application.
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.
Claim(s) 1-5, 7-20, and 22-27 is/are rejected under 35 U.S.C. 103 as being unpatentable over Glass et al. (US 20130277752 A1-“Glass”) in view of Drowley et al. (US 20210305404-Drowley04), and further in view of Chan et al. (US9397214B1-Chan14).
Regarding claim 1, Glass discloses an apparatus , comprising:
a substrate (300) comprising
silicon ([0026]);
a first layer (S/D) positioned adjacent to the substrate (300-See Examiner’s annotated Fig 3C below),
the first layer (S/D) comprising silicon and germanium ([0015] Line L13);
a second layer (317) positioned adjacent to at least a portion of the first layer (S/D- See Examiner’s annotated Fig 3C below),
the second layer(317) comprising boron ([0033] L8); and
a third layer (325- See Examiner’s annotated Fig 3C below),
the third layer (325) comprising a metal ([0040] L 31-37).
Glass does not explicitly disclose an apparatus
wherein the second laver includes
a first etched portion;
wherein a thickness of the second layer is 2 nanometers (nm) or less; and
a third layer located on the first etched portion of the second layer.
Drowley04 teaches an apparatus
wherein the second laver includes
a first etched portion (Second layer 450 is etched back [090] and includes three portions-See Examiner's annotated Fig 4O); and
a third layer located on the first etched portion of the second layer (third layer 416 is located on the first etched portion of 450-See Examiner's annotated Fig 4O).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the apparatus of Glass as taught by Drowley04 for the purpose of reducing the device specific on resistance (Drowley04:[0016] L9).
Drowley04 does not teach an apparatus
wherein a thickness of the second layer is 2 nanometers (nm) or less.
Chan14 teaches an apparatus
wherein a thickness of the second layer (132b-Fig 2) is 2 nanometers (nm) or less (Thickness between 10 Å and 100 Å and 10 Å is less than 2 nm-C3L22-24).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the apparatus of Glass in view of Drowley04 as taught by Chan14 for the purpose of reducing the device specific on resistance (Chan14:C1L52-54).
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Examiner’s Annotated Glass’ Fig 3C
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Regarding claim 2, Glass, Drowley04, and Chan14 combination discloses all the elements of claim 1, as noted above.
Chan14 further teaches an apparatus
wherein, the second layer (132b-Fig 2) further comprising silicon (132b comprising SiGe-C3L18).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the apparatus of Glass in view of Drowley04 as taught by Chan14 for the purpose of reducing the device specific on resistance (Chan14:C1L52-54).
Regarding claim 3, Glass, Drowley04, and Chan14 combination discloses all the elements of claim 1, as noted above.
Glass further discloses an apparatus wherein the second layer (317) further comprising germanium ([0033] L2).
Glass and Drowley04 combination fails to disclose an apparatus wherein the second layer further comprising silicon.
Chan14 further teaches an apparatus wherein, the second layer (132b-Fig 2) further comprising silicon (132b comprising SiGe-C3L18).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the apparatus of Glass in view of Drowley04 as taught by Chan14 for the purpose of reducing the device specific on resistance (Chan14:C1L52-54).
Regarding claim 4, Glass, Drowley04, and Chan14 combination discloses all the elements of claim 1, as noted above.
Glass further discloses an apparatus, wherein an atomic concentration of boron in the second layer is in a range of about 0.2-20% ([0033] L13-21).
Glass discloses a Boron-doped germanium whose concentration in germanium is at least 90%, which means that the boron concentration is less than 10% or in the range of 0%-10%.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include an atomic concentration of boron in the second layer is in a range of about 0.2-20% for the purpose of minimizing parasitic resistance (Glass-[0001] L 9-10)
Generally, differences in concentration or temperature do not support the patentability of subject matter encompassed by the prior art unless there is evidence indicating such concentration is critical. "[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, 105 USPQ 233, 235 (CCPA Application/Control Number: 17/114,034 Page 8 Art Unit: 2811 1955). See also In re Hoeschele, 406 F.2d 1403, 160 USPQ 809 (CCPA 1969). For more recent cases applying this principle, see Merck & Co. Inc. v. Biocraft Laboratories Inc., 874 F.2d 804, 10 USPQ2d 1843 (Fed. Cir.), cert. denied, 493 U.S. 975 (1989), and In re Kulling, 897 F.2d 1147, 14 USPQ2d 1056 (Fed. Cir. 1990).
Regarding claim 5, Glass, Drowley04, and Chan14 combination discloses all the elements of claim 1, as noted above.
Glass further discloses an apparatus wherein the first layer (S/D) further comprising
boron ([0027] L12-15),
gallium, or indium (Group III-[0027] L16).
Regarding claim 7, Glass, Drowley04, and Chan14 combination discloses all the elements of claim 1, as noted above.
Glass further discloses an apparatus, wherein the second layer (317) is positioned between the first layer (S/D) and the third layer (325- See Examiner’s annotated Fig 3C below).
Regarding claim 8, Glass, Drowley04, and Chan14 combination discloses all the elements of claim 1, as noted above.
Glass further discloses an apparatus, wherein
a fourth layer (329) is positioned adjacent to the third layer (325- See Examiner’s annotated Fig 3C below),
the fourth layer (329) comprising:
tantalum;
ruthenium;
titanium;
titanium and nitrogen;
indium; or
indium and oxygen ([0040] L43).
Regarding claim 9, Glass, Drowley04, and Chan14 combination discloses all the elements of claim 1, as noted above.
Glass further discloses an apparatus wherein a region (317) between the third layer (325) and first layer (S/D), the region further comprising germanium ([0033] L2).
Glass and Drowley04 combination fails to disclose an apparatus wherein a region further comprising silicon.
Chan14 further teaches an apparatus a region further comprising silicon (132b comprising SiGe-Fig 2, C3L18).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the apparatus of Glass in view of Drowley04 as taught by Chan14 for the purpose of reducing the device specific on resistance (Chan14:C1L52-54).
Regarding claim 10, Glass, Drowley04, and Chan14 combination discloses all the elements of claim 1, as noted above.
Glass further discloses an apparatus, wherein
the metal (S/D and 325) comprises
tungsten,
cobalt,
titanium,
gold,
aluminum,
molybdenum,
chromium, or
nickel ([0015] L18;[0040] L35-36).
Regarding claim 11, Glass, Drowley04, and Chan14 combination discloses all the elements of claim 1, as noted above.
Glass further discloses an apparatus, wherein
one or more fourth layers (324/302-gate dielectric) located above and
separate from the substrate (300- See Examiner’s annotated Fig 2B and 2B’ below), the one or more fourth layers comprising
silicon ([0021] L1-2),
the one or more fourth layers (326) stacked vertically with respect to a surface of the substrate (300- See Examiner’s annotated Fig 2B and 2B’ below),
the first layer (S/D) positioned adjacent to the one or more fourth layers (326- See Examiner’s annotated Fig 2B and 2B’ below);
one or more fifth layers (326/304-gate electrode) comprising a metal ([0022] L1-3),
the one or more fifth layers (326) stacked vertically with respect to a surface of the substrate (300- See Examiner’s annotated Fig 2B and 2B’ below),
individual of the one or more fourth layers (324) positioned between
adjacent fifth layers (326- See Examiner’s annotated Fig 2B and 2B’ below); and
one or more dielectric layers (322/306),
individual of the one or more dielectric layers comprising
oxygen (306-[0026]; 322 [0030]),
individual of the one or more dielectric layers encompassing one of the one or more fifth layers (326- See Examiner’s annotated Fig 2B and 2B’ below).
Regarding claim 12, Glass, Drowley04, and Chan14 combination discloses all the elements of claim 1, as noted above.
Glass further discloses an apparatus, wherein individual of the one or more dielectric layers (322/306) further comprise:
silicon;
hafnium;
hafnium and silicon;
lanthanum;
lanthanum and aluminum;
zirconium;
zirconium and silicon;
tantalum;
titanium;
barium, strontium, titanium;
barium and titanium;
strontium and titanium;
yttrium; aluminum; or
lead, scandium, and tantalum (322-[0030] L8, 306-[0023] L4-6).
Regarding claim 13, Glass, Drowley04, and Chan14 combination discloses all the elements of claim 1, as noted above.
Glass further discloses an apparatus, wherein the substrate comprises
a fin (660-See Examiner’s annotated Fig 4A below) extending from a surface of the substrate (600- See Examiner’s annotated Fig 4A) , the first layer (631/641) positioned adjacent to the fin (660-See Examiner’s annotated Fig 4A below).
Regarding claim 14, Glass, Drowley04, and Chan14 combination discloses all the elements of claim 1, as noted above.
Glass further discloses an apparatus, wherein the first layer is at least part of a source region or a drain region of a transistor ([0009] L1-8).
Regarding claim 15, Glass, Drowley04, and Chan14 combination discloses all the elements of claim 1, as noted above.
Glass further discloses an apparatus, wherein the apparatus is an integrated circuit component (Fig 5, [0007]).
Regarding claim 16, Glass, Drowley04, and Chan14 combination discloses all the elements of claim 1, as noted above.
Glass further discloses an apparatus, wherein
the apparatus further comprises:
a printed circuit board ([0050] L11); and
a first integrated circuit component (1006) attached to the printed circuit board (1002-Fig 5, [0050] L7-9),
the first integrated circuit (1006) component comprising
the substrate,
the first layer,
the second layer, and
the third layer ([0050] L1-4, L26-29; [0053]).
Regarding claim 17, Glass, Drowley04, and Chan14 combination discloses all the elements of claim 1, as noted above.
Glass further discloses an apparatus, wherein the apparatus further comprises one or more second integrated circuit components (1004) attached to the printed circuit board (1002-Fig 5).
Regarding claim 18, Glass, Drowley04, and Chan14 combination discloses all the elements of claim 1, as noted above.
Glass further discloses an apparatus, wherein the apparatus further comprises a housing enclosing the printed circuit board and the first integrated circuit component (Fig 5; [0050] L4).
Regarding claim 19, Glass discloses a method, comprising:
forming a first layer (Step 108-Fig 1A, S/D) comprising
silicon and
germanium ([0027] L20-23),
the first layer (S/D) positioned adjacent to a substrate (300-See Examiner’s annotated Fig 3C below);
forming a second layer (Step 110-Fig1A, 317) positioned
adjacent to the first layer (S/D- Examiner’s annotated Fig 3c below),
the second layer (317) comprising
boron ([0033] L8); and
forming a third layer (Step 116-Fig1A, 325) comprising
metal ([0040] l31-37),
the third layer located on the first layer (S/D- See Examiner’s annotated Fig 3C below).
Glass does not explicitly disclose a method comprising
etching the second laver to form an etched portion in the second laver;
the second layer comprising boron having a thickness of 2 nanometers (nm) or less; and
the third layer on at least the etched portion of the second layer.
Drowley04 teaches a method comprising
etching the second laver to form an etched portion in the second laver; (Second layer 450 is etched back [090] forming three portions-See Examiner's annotated Fig 4O); and
the third layer on at least the etched portion of the second layer (third layer 416 is aligned with and on the first etched portion of 450-See Examiner's annotated Fig 4O).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Glass as taught by Drowley04 for the purpose of reducing the device specific on resistance (Drowley04:[0016] L9).
Drowley04 does not teach a method
the second layer comprising boron having a thickness of 2 nanometers (nm) or less.
Chan14 teaches a method
the second layer comprising boron having a thickness of 2 nanometers (nm) or less (second layer comprising boron 132b having a thickness between 10 Å and 100 Å and 10 Å is less than 2 nm-C3L22-24, Fig 2).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Glass in view of Drowley04 as taught by Chan14 for the purpose of reducing the device specific on resistance (Chan14:C1L52-54).
Regarding claim 20, Glass, Drowley04, and Chan14 combination discloses all the elements of claim 19, as noted above.
Glass and Drowley04 combination fails to disclose a method wherein the second layer further comprising silicon or silicon and germanium.
Chan14 further teaches an apparatus wherein , the second layer further comprising silicon or silicon and germanium(132b comprising SiGe-Fig 2, C3L18).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Glass in view of Drowley04 as taught by Chan14 for the purpose of reducing the device specific on resistance (Chan14:C1L52-54).
Regarding claim 22, Glass, Drowley04, and Chan14 combination discloses all the elements of claim 19, as noted above.
Glass further discloses a method wherein the second layer (317) is positioned between the first layer (S/D) and the third layer (325- See Examiner’s annotated Fig 3C below).
Regarding claim 23, Glass, Drowley04, and Chan14 combination discloses all the elements of claim 19, as noted above.
Glass further discloses a method wherein
the metal (S/D and 325) comprises
tungsten,
cobalt,
titanium,
gold,
aluminum,
molybdenum,
chromium, or
nickel ([0015] L18;[0040] L35-36).
Regarding claim 24, Glass, Drowley04, and Chan14 combination discloses all the elements of claim 19, as noted above.
Glass further discloses a method wherein
the first layer (S/D) is formed in a cavity (650, [0027] L18-19) defined by
a surface of the substrate (300),
a first stack (324/302), and
a second stack (326/304),
individual of the first stack (324) and the second stack (326) comprising
one or more fourth layers (324) located above and
separate from the substrate(300- See Examiner’s annotated Fig 2B and 2B’ below),
the one or more fourth layers (324/302) comprising
silicon ([0021] L1-2).
Regarding claim 25, Glass, Drowley04, and Chan14 combination discloses all the elements of claim 19, as noted above.
Glass further discloses a method wherein
the first layer (631/641) is formed in a cavity (650, [0046] L9-10) defined by
a surface of the substrate (600),
a first fin (660) comprising
silicon ([0046] L3-4, L33-36) and
a second fin (660-See Examiner’s annotated Fig 2B and 2B’ below) comprising
silicon ([0046] L3-4, L33-36),
the first layer (631/641) positioned adjacent to the first fin (660) and the second fin (660-See Examiner’s annotated Fig 4A below).
Regarding claim 26, Glass, Drowley04, and Chan14 combination discloses all the elements of claim 1, as noted above.
Drowley04 further teaches a n apparatus
wherein the second layer includes a second etched portion and a third etched portion on opposite sides of the second layer (Second layer 450 is etched back [090] and includes three portions; second and third portions are on opposite sides of the second layer 450-See Examiner's annotated Fig 4O).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the apparatus of Glass as taught by Drowley04 for the purpose of reducing the device specific on resistance (Drowley04:[0016] L9).
Regarding claim 27, Glass, Drowley04, and Chan14 combination discloses all the elements of claim 1, as noted above.
Glass does not disclose an apparatus
wherein the first etched portion in the second layer is either a partially etched portion in the second layer or an entirely etched away portion through the second layer.
Drowley04 further teaches an apparatus
wherein the first etched portion in the second layer is either a partially etched portion in the second layer or an entirely etched away portion through the second layer (Second layer 450 is etched back [090] and includes three portions-See Examiner's annotated Fig 4O).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the apparatus of Glass in view of Chan14 as taught by Drowley04 for the purpose of reducing the device specific on resistance (Drowley04:[0016] L9).
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Examiner’s Annotated Glass’ Fig 2B and Fig 2B’
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Response to Arguments
Applicant’s arguments see pages 1-3 of Remarks, filed on 10/27/2025 with respect to Claims 1-5, 7-20 and 22-27 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Claim(s) 1-5, 7-20, and 22-27 is/are rejected under 35 U.S.C. 103 as being unpatentable over Glass et al. (US 20130277752 A1-“Glass”) in view of Drowley et al. (US 20210305404-Drowley04), and further in view of Chan et al. (US9397214B1-Chan14), as noted above.
The remarks filed on 10/27/2025 have been fully considered. However, the rejection of Claims 1-5, 7-20, and 22-27 under 35 U.S.C § 103 as unpatentable over Glass et al. (US 20130277752 A1-"Glass") in view of Drowley et al. (US 20210305404-Drowley04) is determined to be persuasive but are moot because Claims 1-5, 7-20, and 22-27 is now rejected under 35 U.S.C. 103 as being unpatentable over Glass et al. (US 20130277752 A1-“Glass”) in view of Drowley et al. (US 20210305404-Drowley04), and further in view of Chan et al. (US9397214B1-Chan14).
On page 2 of the Remarks, applicant argues that none of the references alone or in combination
teach, suggest, or disclose each claim limitation of the independent claims, especially " a second layer positioned adjacent to at least a portion of the first layer, the second layer comprising boron, wherein the second layer includes a first etched portion, wherein a thickness of the second layer is 2 nanometers or less ".
While Glass does not teach an apparatus wherein the second laver includes a first etched portion; wherein a thickness of the second layer is 2 nanometers (nm) or less; and a third layer located on the first etched portion of the second layer. Glass, Drowley, and Chan14 combination teaches all the limitation of claim 1:
Drowley teaches an apparatus wherein the second laver includes a first etched portion as noted above.
Chan14 teaches an apparatus wherein a thickness of the second layer is 2 nanometers (nm) or less, as noted above.
Consequently, Claim 1 is rejected under 35 U.S.C. 103 as being unpatentable over Glass et al. (US 20130277752 A1-“Glass”) in view of Drowley et al. (US 20210305404-Drowley04), and further in view of Chan et al. (US9397214B1-Chan14).
On page 3 of the Remarks, applicant argues that none of the references alone or in combination
teach, suggest, or disclose each claim limitation of claim 4, especially " wherein an atomic concentration of boron in the second layer is in a range of about 0.2-20%", in addition to all the limitation of claim 1. As stated above, Glass, Drowley, and Chan14 combination teaches all the elements of claim 1 and offers motivation to combine those references, as stated above.
Additionally, Glass discloses a Boron-doped germanium whose concentration in germanium is at least 90%, which means that the boron concentration is less than 10% or in the range of 0%-10%.
Consequently, Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Glass et al. (US 20130277752 A1-“Glass”) in view of Drowley et al. (US 20210305404-Drowley04), and further in view of Chan et al. (US9397214B1-Chan14).
Therefore claim(s) 1-5, 7-20, and 22-27 stand rejected under 35 U.S.C. 103 as being unpatentable over Glass et al. (US 20130277752 A1-“Glass”) in view of Drowley et al. (US 20210305404-Drowley04), and further in view of Chan et al. (US9397214B1-Chan14).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NATHALIE R FAYETTE whose telephone number is (571)272-1220. The examiner can normally be reached Monday-Friday 8:30 am-6pm ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Christine Kim can be reached at (571) 272-8458. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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NATHALIE R. FAYETTE
Examiner
Art Unit 2812
/NATHALIE R FAYETTE/Examiner, Art Unit 2812 12/19/2025
/CHRISTINE S. KIM/Supervisory Patent Examiner, Art Unit 2812