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 .
Applicant’s arguments and amendments filed 1/5/16 have been entered and considered. Newly admitted claim 26 has been entered.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 9/10/25 and 1/5/26 were filed after the mailing date of the Non-Final Rejection on 9/3/25. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Specification
The amendment filed 1/5/26 is objected to under 35 U.S.C. 132(a) because it introduces new matter into the disclosure. 35 U.S.C. 132(a) states that no amendment shall introduce new matter into the disclosure of the invention. The added material which is not supported by the original disclosure is as follows: “wherein the first layer comprises a first surface and a second surface, the second surface is opposite to the first surface, and wherein the first portion and the second portion each comprises a respective volumetric region of the first layer extending from the first surface to the second surface”.
Applicant is required to cancel the new matter in the reply to this Office Action.
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 1-13 and 26 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 claim 1, applicant added the limitations “wherein the first layer comprises a first surface and a second surface, the second surface is opposite to the first surface, and wherein the first portion and the second portion each comprises a respective volumetric region of the first layer extending from the first surface to the second surface”. These limitations are not supported by applicant’s specification nor drawings and have been treated as new matter.
Claim Rejections - 35 USC § 102
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 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.
Claim(s) 1-13 and 26 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Glass et al (US 2020/0303373 A1).
Regarding claim 1, Glass et al discloses an apparatus (Figure 3D), comprising: a substrate (Figure 3D, reference 300); a p-type semiconductor region comprising silicon, germanium, and a first p-type dopant (Figure 3D, reference 322; paragraph 0039, material of 222 is comparable to the material of 322); a first layer comprising a second p-type dopant and an element (Figure 3D, reference 365), a first portion of the first layer positioned adjacent to the p-type semiconductor region (Figure 3D, lowermost surface of reference 365 abuts uppermost surface of reference 322) and a second portion of the first layer not positioned adjacent to the p-type semiconductor region (upper surface of reference 365), the first p-type dopant being the same or different than the second p-type dopant (paragraphs 0019 and 0021); a second layer (Figure 3D, reference 366) positioned adjacent to the first layer (Figure 3D, reference 365), the second layer comprising a first metal (Figure 3D, reference 366; paragraph 0019); and a third layer (Figure 3D, reference 369) located on the second layer (Figure 3D, reference 365), the third layer comprising a second metal (Figure 3D, reference 369; paragraph 0019).
Regarding claim 2, Glass et al discloses wherein the p-type semiconductor region is part of the substrate and comprises a portion of a surface of the substrate (Figure 3D, reference 322).
Regarding claim 3, Glass et al discloses wherein the p-type semiconductor region (Figure 3D, reference 322)is positioned adjacent to the substrate (Figure 3D, reference 300).
Regarding claim 4, Glass et al discloses further comprising a fin extending upwards (Figure 3D, reference 322) from the substrate (Figure 3D, reference 300), the p-type semiconductor region comprising at least a portion of the fin (Figure 3D, reference 322).
Regarding claim 5, Glass et al discloses wherein the second p-type dopant is boron and the element is cobalt, lanthanum, nickel, niobium, tantalum, tungsten, zirconium, or titanium (paragraph 0019).
Regarding claim 6, Glass et al discloses wherein the second p-type dopant is indium and the element is antimony (paragraph 0021).
Regarding claim 7, Glass et al discloses wherein the second p-type dopant is indium, the element is gallium, and the first layer further comprises nitrogen (paragraph 0021).
Regarding claim 8, Glass et al discloses wherein the second p-type dopant is gallium and the element is nitrogen or antimony (paragraph 0021).
Regarding claim 9, Glass et al discloses wherein the second p-type dopant is gallium, the element is indium, and the first layer further comprises nitrogen (paragraph 0021).
Regarding claim 10, Glass et al discloses wherein the first metal is titanium, tantalum, hafnium, zirconium, or niobium (Figure 3D, reference 366; paragraph 0019; titanium).
Regarding claim 11, Glass et al discloses wherein a peak concentration of the second p-type dopant in the first layer exceeds 1.0 x 1022 cm-3 (paragraph 0019).
Regarding claim 12, Glass et al discloses wherein the apparatus is an integrated circuit component (Figure 3D; paragraphs 0019 and 0021).
Regarding claim 13, Glass et al discloses wherein the apparatus further comprises: a printed circuit board; and an integrated circuit component attached to the printed circuit board, the integrated circuit component comprising the substrate, the first layer, the second layer, and the third layer (Figure 3D is a part of Figure 5; paragraph 0060).
Regarding claim 26, Glass et al discloses wherein the first portion of the first layer is substantially coplanar with the p-type semiconductor region (Figure 3D, lowermost surface of reference 365 abuts uppermost surface of reference 322).
Allowable Subject Matter
Claims 14-25 are allowed over the prior art of record.
Reasons for Allowance
The following is an examiner’s statement of reasons for allowance: The prior art does not disclose nor fairly suggest an apparatus, comprising: a third layer positioned adjacent to at least a portion of an outer surface of the second layer along at least a portion of a length of the second layer, the third layer comprising a second p-type dopant and an element, the length of individual of the first layers extending a direction parallel to a surface of the substrate, the length of the second layer extending in the direction, the first p-type dopant being the same or different than the second p-type dopant; a fourth layer positioned adjacent to the third layer, the second layer comprising a first metal; and a fifth layer located on the fourth layer, the third layer comprising a second metal as described in independent claim 14 and in the context of its recited apparatus, along with its depending claims.
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.”
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.”
Response to Arguments
Applicant's arguments filed 1/5/26 have been fully considered but they are not persuasive.
Applicant’s argues on pp.9-11 that the prior art does not disclose as amended, claim 1 reciting a "first portion" and "second portion" that are "respective volumetric region[s] of the first layer," with each such volumetric region "extending from the first surface" of the first layer "to the second surface" of the first layer, where "the second surface is opposite to the first surface". However, applicant has failed to disclose these limitations within their original specification and drawings. These limitations are treated as new matter which change the scope of the invention.
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 MONICA D HARRISON whose telephone number is (571)272-1959. The examiner can normally be reached M-F 7-4:30pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joshua Benitez can be reached at 571-270-1435. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MONICA D HARRISON/Primary Examiner, Art Unit 2815
mdh
March 11, 2026