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 .
Response to Amendment
Applicant’s amendment dated 07/07/2025, in which claims 1, 5-6, 12, 21-24, 28, 30 were amended, claims 2-3, 9-11, 13-20, 25-27, 29 were cancelled, claims 31-36 were added, has been entered.
Election/Restrictions
Newly submitted claims 6-8, 12, 35 directed to an invention that is independent or distinct from the invention originally claimed for the following reasons: the invention originally claimed (original claim 6, claim 9, claim 12) requires: the third layer being a boron containing layer comprising BN, BCN or BC while newly submitted claims 6-8, 12 requires the third layer being a boron oxide layer.
Since applicant has received an action on the merits for the originally presented invention, this invention has been constructively elected by original presentation for prosecution on the merits. Accordingly, claims 6-8, 12, 35 are withdrawn from consideration as being directed to a non-elected invention. See 37 CFR 1.142(b) and MPEP § 821.03.
To preserve a right to petition, the reply to this action must distinctly and specifically point out supposed errors in the restriction requirement. Otherwise, the election shall be treated as a final election without traverse. Traversal must be timely. Failure to timely traverse the requirement will result in the loss of right to petition under 37 CFR 1.144. If claims are subsequently added, applicant must indicate which of the subsequently added claims are readable upon the elected invention.
Should applicant traverse on the ground that the inventions are not patentably distinct, applicant should submit evidence or identify such evidence now of record showing the inventions to be obvious variants or clearly admit on the record that this is the case. In either instance, if the examiner finds one of the inventions unpatentable over the prior art, the evidence or admission may be used in a rejection under 35 U.S.C. 103 or pre-AIA 35 U.S.C. 103(a) of the other invention.
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required: The specification fails to disclose the limitation “wherein the first boron-based layer is doped and the second boron-based layer is doped” of claim 23; “wherein the first boron-based layer is undoped and the second boron-based layer is doped” of claim 24; “wherein the first boron-based layer is doped, and the second boron-based layer is undoped” of claim 31; “wherein the first boron-based layer is undoped, and the second boron-based layer is undoped” of claim 32.
Appropriate correction is required.
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 23-24, 31-32 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.
Regarding claims 23, 24, 31-32, claim 23 recites the limitation “wherein the first boron-based layer is doped and the second boron-based layer is doped”; claim 24 recites the limitation “wherein the first boron-based layer is undoped and the second boron-based layer is doped”; claim 31 recites the limitation “wherein the first boron-based layer is doped, and the second boron-based layer is undoped”; claim 32 recites the limitation “wherein the first boron-based layer is undoped, and the second boron-based layer is undoped”. However, the original specification does not provide any description of the above limitations. Accordingly, claims 23, 24, 31-32 were not in possession of Applicant at the time of filing.
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.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1, 4-5, 21-24, 31-34 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 claim 1, claim 1 recites the limitation “the oxygen-rich boron- containing layer having a second atomic percentage of boron that is greater than the first boron-based layer.” It is unclear how an atomic percentage can be greater than a layer.
For the purpose of this Action, the above limitation of claim 1 will be interpreted and examined as -- the oxygen-rich boron-containing layer having a second atomic percentage of boron that is greater than the first atomic percentage of boron--.
Claims depending from the rejected claims noted above are rejected at least on the same basis as the claim(s) from which the dependent claims depend.
Appropriate correction is required.
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.
Claims 1, 4-5, 21-24, 28, 30-34, 36 are rejected under 35 U.S.C. 103 as being unpatentable over Joshi et al. (US Pub. 20160218033) in view of Lee et al. (US Pub. 20200219764), Huh et al. (US Pub. 20090017640) and Ding et al. (US Pub. 20140170049).
Regarding claims 1, 4, 5, 21-22, 33-34, Joshi et al. discloses in Fig. 2A, paragraph [0040]-[0051] an interconnection structure, comprising:
a first conductive feature [143] disposed in a dielectric material [132];
an etch stop layer [122] disposed over the dielectric material [132];
a dielectric layer [133] disposed over the etch stop layer [122];
a second conductive feature [153] extending through the dielectric layer [133] and the etch stop layer [122] and in electrical contact with the first conductive feature [143].
Joshi et al. further discloses the etch stop layer may comprise boron doped layers includes BPSG, boron nitride, silicon boron nitride…
Joshi et al. fails to disclose
the etch stop layer comprising:
a first boron-based layer having a first atomic percentage of boron;
an oxygen-rich boron-containing layer disposed above and immediately adjacent to the first boron-based layer, the oxygen-rich boron-containing layer having a second atomic percentage of boron that is greater than the first boron-based layer; and
a second boron-based layer disposed below and immediately adjacent to the first boron-based layer;
wherein the first and second boron-based layers comprise boron nitride (BN), boron carbide (BC), boron carbon nitride (BCN), boron oxide (BO), silicon boron nitride (SiBN), or any combination thereof.
Lee et al. discloses in Fig. 2C, Fig. 3C, paragraph [0013]-[0017], [0020], [0023]-[0025], [0031]
the etch stop layer [202] comprising:
a first boron-based layer [middle portion of 202] having a first atomic percentage of boron;
a boron-containing layer [top portion of 202] disposed above and immediately adjacent to the first boron-based layer [middle portion of 202], the boron-containing layer [top portion of 202] having a second atomic percentage of boron that is greater than the first boron-based layer [paragraph [0017], [0021], [0039], claim 3; and
a second boron-based layer [bottom portion of 202] disposed below and immediately adjacent to the first boron-based layer [middle portion of 202];
wherein the first [middle portion of 202] and second [bottom portion of 202] boron-based layers comprise boron nitride (BN), boron carbide (BC), boron carbon nitride (BCN), boron oxide (BO), silicon boron nitride (SiBN), or any combination thereof [boron nitride (BN) and silicon boron nitride (SiBN)][“an etch stop layer 202 having a plurality of elements. The plurality of elements includes Silicon (Si) element and Nitrogen (N) element. At least one of the plurality of elements is in gradient concentration along a thickness of the etch stop layer 202. In some embodiments, the plurality of elements further includes Boron”; “the etch stop layer 202 having a concentration of the silicon (Si) element closest to the base layer 201 be zero and increases as the etch stop layer 202 extends away from the base layer 201”; “In some embodiments, a concentration of the Silicon (Si) closest to the base layer is zero and increases as the etch stop layer extends away from the base layer. In some embodiments, a concentration of the Silicon (Si) element farthest from the base layer is zero and increases as the etch stop layer extends into the base layer”].
It would have been obvious to one of ordinary skill in the art before the effective filling date of the invention to incorporate the teachings of Lee et al. into the method of Joshi et al. to include the etch stop layer comprising: a first boron-based layer having a first atomic percentage of boron; a boron-containing layer in contact with disposed above and immediately adjacent to the first boron-based layer, the third boron-containing layer having a second atomic percentage of boron that is greater than the first boron-based layer; and a second boron-based layer disposed below and immediately adjacent to the first boron-based layer; wherein the first and second boron-based layers comprise boron nitride (BN) or silicon boron nitride (SiBN) or combination thereof. The ordinary artisan would have been motivated to modify Joshi et al. in the above manner for the purpose of providing an etch stop layer that improve the etch profile of the etch stop layer [paragraph [0002] of Lee et al.].
Lee et al. and Joshi et al. fails to disclose
the boron-containing layer is an oxygen-rich boron-containing layer;
wherein the oxygen-rich boron-containing layer comprises an atomic percentage of oxygen in a range of about 50 at% to about 80 at%;
wherein the first boron-based layer is BN and the oxygen-rich boron-containing layer is BOX;
wherein the first boron-based layer is BC and the oxygen-rich boron-containing layer is BOX;
wherein the first boron-based layer has a first thickness and the oxygen-rich boron-containing layer has a second thickness less than the first thickness;
wherein the first boron-based layer is BC and the second boron-based layer is BN.
Huh et al. discloses in Fig. 6D, paragraph [0019], [0045], [0047]
the boron-containing layer is an oxygen-boron-containing layer [124];
wherein the first boron-based layer [boron-containing film 122] is BN and the oxygen boron-containing layer [124] is BOx [boron oxide];
wherein the first boron-based layer [boron-containing film 122] is BC and the oxygen boron-containing layer [124] is BOx [boron oxide];
wherein the first boron-based layer [boron-containing film 122] has a first thickness and the oxygen boron-containing layer [124] has a second thickness less than the first thickness;
wherein the first boron-based layer [122] is BC and the second boron-based layer [120] is BN.
Ding et al. discloses in paragraph [0017]
the oxygen-boron-containing layer comprises an oxygen-rich boron-containing layer;
wherein the oxygen-rich boron-containing layer comprises an atomic percentage of oxygen in a range of about 50 at% to about 80 at% [“The oxygen may be present in concentrations greater than 5 volume % and less than 90 volume %”].
It would have been obvious to one of ordinary skill in the art before the effective filling date of the invention to incorporate the teachings of Huh et al. and Ding et al. into the method of Lee et al. and Joshi et al. to include the boron-containing layer is an oxygen-rich boron-containing layer; wherein the oxygen-rich boron-containing layer comprises an atomic percentage of oxygen in a range of about 50 at% to about 80 at%; wherein the first boron-based layer is BN and the oxygen-rich boron-containing layer is BOX; wherein the first boron-based layer is BC and the oxygen-rich boron-containing layer is BOX; wherein the first boron-based layer has a first thickness and the oxygen-rich boron-containing layer has a second thickness less than the first thickness; wherein the first boron-based layer is BC and the second boron-based layer is BN. The ordinary artisan would have been motivated to modify Lee et al. and Joshi et al. in the above manner for the purpose of providing suitable material of a multilayer boron-containing etch stop layer and providing suitable oxygen concentration presented in a boron oxide [paragraph [0045], [0047] of Huh et al., paragraph [0017] of Ding et al.].
In addition, Applicant has not provided any criticality of the claimed range. Thus, the ordinary artisan would have been motivated to modify Lee et al., Joshi et al., Huh et al. and Ding et al. to include the claimed range for at least the purpose of optimization and routine experimentation to obtain a boron oxide with optimal oxygen concentration for its intended purpose. The claimed ranges are merely optimizations, and as such are not patentable over the prior art. "[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). "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." Peterson, 315 F.3d at 1330, 65 USPQ2d at 1382.
Regarding claims 23-24, 31-32, Joshi et al. and Lee et al. fails to disclose
wherein the first boron-based layer is doped and the second boron-based layer is doped;
wherein the first boron-based layer is undoped and the second boron-based layer is doped;
wherein the first boron-based layer is doped, and the second boron-based layer is undoped;
wherein the first boron-based layer is undoped, and the second boron-based layer is undoped.
Huh et al. discloses in paragraph [0019] a boron containing film may be doped or undoped.
One of ordinary skill in the art would have recognized the finite number of predictable solutions for a doping of the first boron-based layer and the second boron-based layer: the first boron-based layer is doped and the second boron-based layer is undoped, or the first boron-based layer is doped and the second boron-based layer is doped, or the first boron-based layer is undoped and the second boron-based layer is doped, or the first boron-based layer is undoped and the second boron-based layer is undoped. Absent unexpected results, it would have been obvious to try any of the above combination to yield a suitable material for boron-based etch stop layers with a reasonable expectation of success.
Regarding claims 28 and 30, Joshi et al. discloses in Fig. 2A, paragraph [0040]-[0051] an interconnection structure, comprising:
a first conductive feature [143] disposed in a dielectric material [132];
a first etch stop layer [122] disposed over the dielectric material [132],
a first dielectric layer [133] disposed over the first etch stop layer [122];
a second conductive feature [153] extending through the first dielectric layer [133] and the first etch stop layer [122] and in electrical contact with the first conductive feature [143];
a second etch stop layer [123] disposed over the first dielectric layer [133];
a second dielectric layer [134] disposed over the second etch stop layer [123]; and
a third conductive feature [163] extending through the second dielectric layer [134] and the second etch stop layer [123] and in electrical contact with the second conductive feature [153].
Joshi et al. further discloses the first etch stop layer may comprise boron doped layers includes BPSG, boron nitride, silicon boron nitride…
Joshi et al. fails to disclose
the first etch stop layer comprising:
an oxygen-rich boron-containing layer disposed at a top portion of the first etch stop layer, the oxygen-rich boron-containing layer having a first atomic percentage of boron;
a first boron-based layer disposed below and immediately adjacent to the oxygen-rich boron-containing layer, the first boron-based layer having a second atomic percentage of boron that is less than the first atomic percentage of boron; and
a second boron-based layer disposed below and immediately adjacent to the first boron-based layer, the second boron-based layer having a third atomic percentage of boron that is different than the second atomic percentage of boron;
wherein the first boron-based layer and the second boron-based layer are chemically different from each other.
Lee et al. discloses in Fig. 2C, Fig. 3C, paragraph [0013]-[0017], [0020], [0023]-[0025], [0031]
the etch stop layer [202] comprising:
a boron-containing layer [top portion of 202] disposed at a top portion of the first etch stop layer [202], the boron-containing layer having a first atomic percentage of boron [paragraph [0017], [0021], [0039], claim 3];
a first boron-based layer [middle portion of 202] disposed below and immediately adjacent to the boron-containing layer [top portion of 202], the first boron-based layer [middle portion of 202] having a second atomic percentage of boron that is less than the first atomic percentage of boron [paragraph [0017], [0021], [0039], claim 3];
a second boron-based layer [bottom portion of 202] disposed below and immediately adjacent to the first boron-based layer [middle portion of 202], the second boron-based layer [bottom portion of 202] having a third atomic percentage of boron that is different than the second atomic percentage of boron [paragraph [0017], [0021], [0039], claim 3];
wherein the first boron-based layer [middle portion of 202] and the second boron-based layer [bottom portion of 202] are chemically different from each other [because concentrations of Si, N or B in middle portion of 202 and bottom portion of 202 are different].
It would have been obvious to one of ordinary skill in the art before the effective filling date of the invention to incorporate the teachings of Lee et al. into the method of Joshi et al. to include the first etch stop layer comprising: a boron-containing layer disposed at a top portion of the first etch stop layer, the boron-containing layer having a first atomic percentage of boron; a first boron-based layer disposed below and immediately adjacent to the boron-containing layer, the first boron-based layer having a second atomic percentage of boron that is less than the first atomic percentage of boron; and a second boron-based layer disposed below and immediately adjacent to the first boron-based layer, the second boron-based layer having a third atomic percentage of boron that is different than the second atomic percentage of boron; wherein the first boron-based layer and the second boron-based layer are chemically different from each other. The ordinary artisan would have been motivated to modify Joshi et al. in the above manner for the purpose of providing an etch stop layer that improve the etch profile of the etch stop layer [paragraph [0002] of Lee et al.].
Joshi et al. and Lee et al. fails to disclose
the boron-containing layer is an oxygen-rich boron-containing layer;
Huh et al. discloses in Fig. 6D, paragraph [0019], [0045], [0047]
the boron-containing layer is an oxygen-boron-containing layer [124].
Ding et al. discloses in paragraph [0017]
the oxygen-boron-containing layer comprises an oxygen-rich boron-containing layer [Ding discloses “The oxygen may be present in concentrations greater than 5 volume % and less than 90 volume %”. Thus, when oxygen may be present in concentrations greater than 50 volume % and less than 90 volume %, the oxygen-boron-containing layer comprises an oxygen-rich boron-containing layer].
It would have been obvious to one of ordinary skill in the art before the effective filling date of the invention to incorporate the teachings of Huh et al. and Ding et al. into the method of Lee et al. and Joshi et al. to include the boron-containing layer is an oxygen-rich boron-containing layer. The ordinary artisan would have been motivated to modify Lee et al. and Joshi et al. in the above manner for the purpose of providing suitable material of multilayer boron-containing etch stop layer and providing suitable oxygen concentration presented in a boron oxide [paragraph [0045], [0047] of Huh et al., paragraph [0017] of Ding et al.].
Regarding claim 36, Joshi et al. fails to disclose
wherein the first etch stop layer and the second etch stop layer are substantially identical.
One of ordinary skill in the art would have recognized the finite number of predictable solutions for configuration of the first etch stop layer with respect to the second etch stop layer: the first etch stop layer and the second etch stop layer are substantially identical or the first etch stop layer and the second etch stop layer are different. Absent unexpected results, it would have been obvious to try the first etch stop layer and the second etch stop layer are substantially identical with a reasonable expectation of success to yield a suitable configuration of the first etch stop layer with respect to the second etch stop layer.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1, 4-5, 21-24, 28, 30-34, 36 have been considered but are moot in view of the new ground of rejection.
Overall, Applicant’s arguments are not persuasive. The claims stand rejected and the Action is made FINAL.
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.
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/SOPHIA T NGUYEN/ Primary Examiner, Art Unit 2893
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