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 Arguments
Applicant’s arguments, see remarks, filed 1/8/2026, with respect to claims 1-16 and 19-28 have been fully considered and are persuasive. The Non-final rejection of claims 1-16 and 19-28 have been withdrawn.
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 20-24 and 26 are rejected under 35 U.S.C. 102(a)(2) as being clearly anticipated by Scarbrough et al. (US 12,230325).
The applied reference has a common assignee with the instant application. Based upon the earlier effectively filed date of the reference, it constitutes prior art under 35 U.S.C. 102(a)(2). This rejection under 35 U.S.C. 102(a)(2) might be overcome by: (1) a showing under 37 CFR 1.130(a) that the subject matter disclosed in the reference was obtained directly or indirectly from the inventor or a joint inventor of this application and is thus not prior art in accordance with 35 U.S.C. 102(b)(2)(A); (2) a showing under 37 CFR 1.130(b) of a prior public disclosure under 35 U.S.C. 102(b)(2)(B) if the same invention is not being claimed; or (3) a statement pursuant to 35 U.S.C. 102(b)(2)(C) establishing that, not later than the effective filing date of the claimed invention, the subject matter disclosed in the reference and the claimed invention were either owned by the same person or subject to an obligation of assignment to the same person or subject to a joint research agreement.
With respect to Claims 20-24, Scarbrough teaches forming a memory array
comprising strings of memory cells. Forming a lower portion 18L of a stack that will
comprise vertically-alternating first tiers and second tiers on a substrate 11. The stack
comprising laterally-spaced memory-block regions 58, wherein the lower portion 18L
comprising rails 13 that are individually between immediately-laterally-adjacent of the
memory-block regions 58. The rails 13 comprising sacrificial material 51 that comprises
metal oxide directly above metal material 44 or 61 (i.e. WSix or silicon dioxide). The
metal oxide and the metal material comprising different compositions relative one
another. Forming the vertically-alternating first tiers 20 and second tiers 22 of an upper
portion of the stack directly above the lower portion 18L. Material of the first tiers being
of different composition from material of the second tiers. Forming trenches 40 into
the upper portion to the rails 15 and removing the sacrificial material of the rails through
the trenches 40. Forming channel-material strings 37, 38 that extend through the
first tiers and the second tiers in the memory-block regions (see col. 3 lines 10-15, col.
4 lines 35-38, col. 5 lines 1-67, col. 6 lines 1-67, and col. 7 lines 1-67; Figs. 15-25).
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.
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.
7. Claims 25 is rejected under 35 U.S.C. 103 as being unpatentable over Scarbrough et al. (US 12,230,325) as applied to claims 20 and 24 above, and further in view of Yang et al. (US 2002/0036313).
Scarbrough discloses the claimed invention except for the metal oxide comprises
aluminum oxide. However, Yang discloses a memory cell having a dielectric layer
made of a metal oxide comprises aluminum oxide which can be used instead of
tungsten oxide (see claim 81). Thus, Scarbrough and Yang have substantially the same
environment of a substrate supporting a memory array. Therefore, one skilled in the art
before the effective filing date of the claimed invention would readily recognize
substituting aluminum oxide for the tungsten oxide of Scarbrough, since the aluminum
oxide would facilitate in reliable dielectric material for isolating metal layers in a memory
cell as taught by Yang.
Allowable Subject Matter
8. Claims 1-16 and 19 are allowed.
9. Claims 27 and 28 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowance subject
matter: none of the prior art of record teaches or suggest the combination of
plugs comprising sacrificial material that comprises metal oxide directly above metal material. The metal oxide and the metal material comprising different compositions relative one another. Forming the vertically-alternating first tiers and second tiers of an upper portion of the stack directly above the lower portion material of the first tiers being of different composition from material of the second tiers. Forming channel openings into the upper portion to the plugs. Removing the sacrificial material of the plugs through the channel openings and thereafter forming a channel-material string in individual of the channel openings in claim 1.
Forming a second vertical stack aside the first vertical stack, the second vertical stack comprising an upper portion directly above a lower portion, the upper portion in the second vertical stack comprising vertically-alternating tiers that are of different composition relative one another. The lower portion in the second vertical stack comprising dummy plugs that comprise the metal oxide directly above the metal material, the dummy plugs remaining in a finished circuitry construction that comprises the memory array in claim 27.
Forming a second vertical stack aside the first vertical stack, the second vertical stack comprising an upper portion directly above a lower portion, the upper portion in the second vertical stack comprising vertically-alternating tiers that are of different composition relative one another. The lower portion in the second vertical stack comprising dummy rails comprising the metal oxide directly above the metal material, the dummy rails remaining in a finished circuitry construction that comprises the memory array in claim 28.
Any inquiry concerning the communication or earlier communications from the
examiner should be directed to Alonzo Chambliss whose telephone number is (571)
272-1927.
Any comments considered necessary by applicant must be submitted no later
than the payment of the issue fee and, to avoid processing delays, should preferably
accompany the issue fee. Such submissions should be clearly labeled "Comments on
Statement of Reasons for Allowance."
If attempts to reach the examiner by telephone are unsuccessful, the examiner's
supervisor, Jacob Y. Choi can be reached on (469) 295-9060. The fax phone number
for the organization where this application or proceeding is assigned is 5/1 273-8300.
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AC/April 9, 2026 /Alonzo Chambliss/
Primary Examiner, Art Unit 2897
Prosecution Insights