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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 11/04/2025 has been entered.
Response to Amendment
Applicant’s amendment dated 11/04/2025, in which claims 1, 7-8, 10, 13, 15-16, 18, 20 were amended, claim 6 was cancelled, has been entered.
Claim Objections
Claim 20 is objected to because of the following informalities: the status identifier of claim 20 should be “Currently Amended” because claim 20 was amended. Appropriate correction is required.
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 10-12 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Wang et al. (US Pub. 20230268223), hereafter Wang223.
Regarding claim 10, Wang223 discloses in Fig. 14 a semiconductor structure, comprising:
a transistor, comprising:
a source region [one of 111];
a drain region [another 111];
a channel region, the channel region being disposed between the source region [one of 111] and the drain region [another 111];
a gate structure [401 and 403] disposed above the channel region, comprising a metal gate disposed between gate spacers [203][paragraph [0045]-[0048]]; and
a source or drain (S/D) contact structure [603 and 707], the S/D contact structure [603 and 707] comprising:
an S/D barrier layer [barrier layer of contact plug 603] disposed above at least a portion of the source region or the drain region [111][paragraph [0053], “the source/drain plugs 603 each include a barrier layer and a conductive material over the barrier layer”], wherein at least a portion of the S/D barrier layer is in direct contact with one of the gate spacers [contact plug 603 is in direct contact with one of the gate spacers 203. Thus, barrier layer of plug 603 must be in direct contact with one of the gate spacers 203]; and
an S/D contact [707 and a conductive material of 603], comprising a first portion [a conductive material of 603] disposed on and in direct contact with at least the portion of the S/D barrier layer [barrier layer of plug 603] that is in direct contact with one of the gate spacers [paragraph [0053]], and a second portion [707] comprising selective, barrierless tungsten [paragraph [0059]], disposed above the first portion [a conductive material of 603] and in direct contact with the first portion [a conductive material of 603][Fig. 14 shows contact 707 is disposed on and in direct contact with the contact 603. Thus, contact 707 must be disposed on and in direct contact with the conductive material of contact 603].
It is noted that the term “selective” directs to a product-by process limitation, “[E]ven though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process.” In re Thorpe, 777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985). Furthermore, "[b]ecause validity is determined based on the requirements of patentability, a patent is invalid if a product made by the process recited in a product-by-process claim is anticipated by or obvious from prior art products, even if those prior art products are made by different processes." Amgen Inc. v. F. Hoffman-La Roche Ltd., 580 F.3d 1340, 1370 n 14, 92 USPQ2d 1289, 1312, n 14 (Fed. Cir. 2009). (MPEP 2113).
Regarding claims 11 and 12, Wang223 discloses in paragraph [0053]
wherein the S/D barrier layer [barrier layer of plug 603] comprises titanium (Ti) or titanium nitride (TiN);
wherein the first portion [a conductive material of 603] of the S/D contact comprises tungsten or cobalt.
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 1-5, 7-9 are rejected under 35 U.S.C. 103 as being unpatentable over Wang et al. (US Pub. 20230268223), hereafter Wang223 in view of Xie et al. (US Pub. 20190131430)
Regarding claim 1, Wang223 discloses in Fig. 14 a transistor, comprising:
a gate structure, comprising:
a metal gate [401][paragraph [0046]-[0047]];
a dielectric layer [403] at least partially surrounding the metal gate [401][paragraph [0045]];
a metal cap [501] disposed over a portion of the metal gate [401] that is not surrounded by the dielectric layer [403][paragraph [0049]]; and
a gate contact [1101] comprising selective, barrierless tungsten, disposed over, and in direct contact with, the metal cap [501][paragraph [0073]]; and
a second dielectric layer [701 and/or 703 and/or 705] disposed over the gate structure [paragraph [0054]-0056]], wherein:
the metal gate [401], the dielectric layer [403], the metal cap [501], and a first portion of the gate contact [1101] are disposed between gate spacers [205];
a second portion of the gate contact [1101] extends above the first portion of the gate contact [1101] and through the second dielectric layer [[701 and/or 703 and/or 705]; and
the gate contact [1101] is in direct contact with the second dielectric layer [701 and/or 703 and/or 705];
a source region [111][paragraph [0022]];
a drain region [another 111][paragraph [0022]]; and
a source or drain (S/D) contact structure [603 and 707], the S/D contact structure [603 and 707] comprising:
an S/D barrier layer [barrier of plugs 603] disposed above at least a portion of the source region or the drain region [111], wherein at least a portion of the S/D barrier layer is in direct contact with one of the gate spacers [205 and 203][paragraph [0053] discloses “the source/drain plugs 603 each include a barrier layer and a conductive material over the barrier layer.” Fig. 14 shows that plug 603 is in direct contact with one of the gate spacers [205 and 203], thus a barrier layer of plug 603 must be in direct contact with one of the gate spacers [205 and 203]]; and
an S/D contact [conductive material of 603 and 707], comprising a first portion [conductive material of 603] disposed on and in direct contact with at least the portion of the S/D barrier layer [barrier of plugs 603] that is in direct contact with one of the gate spacers [203 and 205], and a second portion [707] comprising selective, barrierless tungsten, disposed above the first portion [conductive material of 603], and in direct contact with the first portion [conductive material of 603][paragraph [0053] discloses “the source/drain plugs 603 each include a barrier layer and a conductive material over the barrier layer.”].
It is noted that the term “selective” directs to a product-by process limitation, “[E]ven though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process.” In re Thorpe, 777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985). Furthermore, "[b]ecause validity is determined based on the requirements of patentability, a patent is invalid if a product made by the process recited in a product-by-process claim is anticipated by or obvious from prior art products, even if those prior art products are made by different processes." Amgen Inc. v. F. Hoffman-La Roche Ltd., 580 F.3d 1340, 1370 n 14, 92 USPQ2d 1289, 1312, n 14 (Fed. Cir. 2009). (MPEP 2113).
Wang223 fails to disclose
the gate contact is in direct contact with the gate spacers.
Xie et al. discloses in Fig. 14A, paragraph [0039]-[0040]
the gate contact [62] is in direct contact with the gate spacers [16].
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 Xie et al. into the method of Wang223 to include the gate contact is in direct contact with the gate spacers. The ordinary artisan would have been motivated to modify Wang223 in the above manner for the purpose of providing suitable configuration of a gate contact, increasing contact area and reducing contact resistance between the gate contact and the gate structure. Further, it would have been obvious to try one of the known methods with a reasonable expectation of success. KSR International Co. v. Teleflex Inc., 82 USPQ2d 1385 (2007).
Regarding claims 2-3, Wang223 discloses in paragraph [0045]
wherein the dielectric layer [403] comprises a material with a dielectric constant greater than 3.9 [high-k gate dielectric];
wherein the dielectric layer [403] comprises hafnium oxide (HfO2).
Regarding claim 4, Wang223 discloses in paragraph [0046]-[0047]
wherein the metal gate [401] comprises titanium nitride (TiN) or titanium aluminum carbon (TiAlC).
Regarding claim 5, Wang223 discloses in paragraph [0049]
wherein the metal cap [501] comprises tungsten or cobalt.
Regarding claim 7, Wang223 discloses in paragraph [0053]
wherein the S/D barrier layer [barrier layer of plug 603] comprises titanium (Ti) or titanium nitride (TiN);
wherein depositing the S/D barrier layer [barrier layer of plug 603] comprises depositing titanium (Ti) or titanium nitride (TiN).
Regarding claim 8, Wang223 discloses in paragraph [0053] wherein the first portion [a conductive material of 603] of the S/D contact comprises tungsten or cobalt.
Regarding claim 9, Wang223 discloses in paragraph [0001]
wherein the transistor is part of an apparatus selected from the group consisting of a music player, a video player, an entertainment unit, a navigation device, a communications device, a mobile device, a mobile phone, a smartphone, a personal digital assistant, a fixed location terminal, a tablet computer, a computer, a wearable device, an Internet of things (IoT) device, a laptop computer, a server, an access point, a base station, and a device in an automotive vehicle.
Claims 13-15 are rejected under 35 U.S.C. 103 as being unpatentable over by Wang et al. (US Pub. 20230268223), hereafter Wang223, in view of Kamineni et al. (US Pub. 20150187945), Chiou et al. (US Pub. 20170186743) and Xie et al. (US Pub. 20190131430).
Regarding claim 13, Wang223 discloses in Fig. 4-Fig. 11 a method of fabricating a gate contact structure for a transistor, the transistor comprising a source region [one of 111], a drain region [another 111], a channel region disposed between the source region [one of 111] and the drain region [another 111] controlled by a gate structure [401 and 403] comprising a metal gate [401], a dielectric layer [403] at least partially surrounding the metal gate [401], and gate spacers [203], wherein the metal gate [401] and the dielectric layer [403] are disposed between the gate spacers [203][paragraph [0045]-[0048]], the method comprising:
etching a top portion of the metal gate [401] to create a first recess [recess filled by 501 and 503] within the gate spacers [203] having a first depth [Fig. 4-Fig. 5, paragraph [0049]];
depositing a metal cap [501] to fill the first recess [recess filled by 501 and 503] within the gate spacers [203][Fig. 5, paragraph [0049]]; and
forming, by selective deposition of tungsten, selective barrierless tungsten [1101] on top of the metal cap [501][Fig. 11, paragraph [0073]];
depositing a S/D barrier layer [barrier layer of contact plug 603] above at least a portion of the source region or the drain region [111], wherein at least a portion of the S/D barrier layer is in direct contact with one of the gate spacers [203][paragraph [0053], “the source/drain plugs 603 each include a barrier layer and a conductive material over the barrier layer”][contact plug 603 is in direct contact with one of the gate spacers 203. Thus, barrier layer of plug 603 must be in direct contact with one of the gate spacers 203]; and
depositing an S/D contact [707 and a conductive material of 603] comprising forming a first portion [a conductive material of 603] disposed on the S/D barrier layer [barrier layer of plug 603] and in direct contact with at least the portion of the S/D barrier layer [barrier layer of plug 603] that is in direct contact with one of the gate spacers [203], and forming , by selective deposition of tungsten, a second portion [707] comprising selective, barrierless tungsten, disposed above the first portion [a conductive material of 603], and in direct contact with the first portion [a conductive material of 603][Fig. 14 shows contact 707 is disposed on and in direct contact with the contact 603. Thus, contact 707 must be disposed on and in direct contact with the conductive material of contact 603. Paragraph [0059] discloses “a first conductive fill material is deposited to fill the first openings for source/drain contacts 707 to form the source/drain contacts 707… the first conductive fill material comprises a metal such as tungsten…”; paragraph [0073] discloses “the conductive fill material may be deposited using a deposition process such as a chemical vapor deposition (CVD) to perform a bottom-up selective loss free deposition”. Thus, the chemical vapor deposition (CVD) to perform a bottom-up selective loss free deposition is a selective deposition of tungsten and the tungsten deposited by bottom-up selective loss free deposition is a selective, barrierless tungsten].
For further providing support for the selective deposition of tungsten, Kamineni et al. and Chiou et al. are cited.
Kamineni et al. discloses in Fig. 13, paragraph [0056]
forming, by selective deposition of tungsten, a second portion [202] comprising selective, barrierless tungsten, disposed above the first portion [190], and in direct contact with the first portion [190][“the bottom-up growth may be performed by selectively growing tungsten on the etched tungsten, which provides nucleation sites to grow large grain tungsten”].
Chiuo et al. discloses in paragraph [0032] that a selective deposition of W can be used to form a selective, barrierless tungsten layer over underlying metal layer within an opening.
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 Kamineni et al. and Chiuo et al. into the method of Wang223 to include forming, by selective deposition of tungsten, selective barrierless tungsten on top of the metal cap and forming, by selective deposition of tungsten, a second portion comprising selective, barrierless tungsten. The ordinary artisan would have been motivated to modify Wang223 in the above manner for the purpose of providing suitable method for forming tungsten layer over the metal cap and over the first portion of the S/D contact. Further, it would have been obvious to try one of the known methods with a reasonable expectation of success. KSR International Co. v. Teleflex Inc., 82 USPQ2d 1385 (2007).
Wang223 fails to disclose
depositing the metal cap to substantially fill the first recess within the gate spacers; and
etching a top portion of the metal cap to create the second recess within the gate spacers.
Chiou et al. discloses in Fig. 8-10, paragraph [0024]-[0028]
depositing the metal cap [111] to substantially fill the first recess [87, 88] within the gate spacers; and
etching a top portion of the metal cap [111] to create the second recess [91, 92] within the gate spacers.
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 Chiou et al. into the method of Wang223 to include depositing the metal cap to substantially fill the first recess within the gate spacers; and etching a top portion of the metal cap to create the second recess within the gate spacers. The ordinary artisan would have been motivated to modify Wang223 in the above manner for the purpose of providing suitable method for forming the conformal metal cap having desired thickness and shape [paragraph [0026]-[0028], [0032] of Chiou et al.]. Further, it would have been obvious to try one of the known methods with a reasonable expectation of success. KSR International Co. v. Teleflex Inc., 82 USPQ2d 1385 (2007).
Wang223 fails to disclose
wherein the selective, barrierless tungsten is in direct contact with the gate spacers.
Xie et al. discloses in Fig. 13A, 14A, paragraph [0039]-[0040]
the tungsten [62] is in direct contact with the gate spacers [16].
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 Xie et al. into the method of Wang223 to include wherein the selective, barrierless tungsten is in direct contact with the gate spacers. The ordinary artisan would have been motivated to modify Wang223 in the above manner for the purpose of increasing contact area and reducing contact resistance between the gate contact and the gate structure. Further, it would have been obvious to try one of the known methods with a reasonable expectation of success. KSR International Co. v. Teleflex Inc., 82 USPQ2d 1385 (2007).
Regarding claims 14-15, Wang223 discloses in Fig. 4-Fig. 11
wherein depositing the metal cap [501] comprises depositing tungsten or cobalt [paragraph [0049]];
wherein forming selective, barrierless tungsten [1101] above and in direct contact with the metal cap [501] comprises:
forming selective, barrierless tungsten [1101] at least within a second recess [recess filled by gate mask 503] within the gate spacers [203] having a second depth [equal to thickness of 503] less than the first depth [equal to the combined thickness of 501 and 503] and in direct contact with the metal cap [501]
Claims 16-20 are rejected under 35 U.S.C. 103 as being unpatentable over by Wang et al. (US Pub. 20230268223), hereafter Wang223 in view of Kamineni et al. (US Pub. 20150187945) and Chiou et al. (US Pub. 20170186743).
Regarding claim 16, Wang223 discloses in Fig. 4-Fig. 11 a method of fabricating a source or drain (S/D) contact structure for a transistor comprising a source region [one of 111], a drain region [another 111], a channel region disposed between the source region [one of 111] and the drain region [another 111], and a gate structure [401 and 403] disposed above the channel region and between gate spacers [203], wherein the gate structure comprises a metal gate a dielectric layer [403] at least partially surrounds the metal gate [401][paragraph [0045]-[0048]], the method comprising:
depositing a S/D barrier layer [barrier layer of contact plug 603] above at least a portion of the source region or the drain region [111], wherein at least a portion of the S/D barrier layer is in direct contact with one of the gate spacers [203][paragraph [0053], “the source/drain plugs 603 each include a barrier layer and a conductive material over the barrier layer”][contact plug 603 is in direct contact with one of the gate spacers 203. Thus, barrier layer of plug 603 must be in direct contact with one of the gate spacers 203]; and
depositing an S/D contact [707 and a conductive material of 603] comprising forming a first portion [a conductive material of 603] disposed on the S/D barrier layer [barrier layer of plug 603] and in direct contact with at least the portion of the S/D barrier layer [barrier layer of plug 603] that is in direct contact with one of the gate spacers [203], and forming , by selective deposition of tungsten, a second portion [707] comprising selective, barrierless tungsten, disposed above the first portion [a conductive material of 603], and in direct contact with the first portion [a conductive material of 603][Fig. 14 shows contact 707 is disposed on and in direct contact with the contact 603. Thus, contact 707 must be disposed on and in direct contact with the conductive material of contact 603. Paragraph [0059] discloses “a first conductive fill material is deposited to fill the first openings for source/drain contacts 707 to form the source/drain contacts 707… the first conductive fill material comprises a metal such as tungsten…”; paragraph [0073] discloses “the conductive fill material may be deposited using a deposition process such as a chemical vapor deposition (CVD) to perform a bottom-up selective loss free deposition”. Thus, the chemical vapor deposition (CVD) to perform a bottom-up selective loss free deposition is a selective deposition of tungsten and the tungsten deposited by bottom-up selective loss free deposition is a selective, barrierless tungsten].
For further providing support for the selective deposition of tungsten, Kamineni et al. and Chiou et al. are cited.
Kamineni et al. discloses in Fig. 13, paragraph [0056]
forming, by selective deposition of tungsten, a second portion [202] comprising selective, barrierless tungsten, disposed above the first portion [190], and in direct contact with the first portion [190][“the bottom-up growth may be performed by selectively growing tungsten on the etched tungsten, which provides nucleation sites to grow large grain tungsten”].
Chiuo et al. discloses in paragraph [0032] that a selective deposition of W can be used to form a selective, barrierless tungsten layer over the first metal layers only in the gate spaces.
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 Kamineni et al. and Chiuo et al. into the method of Wang223 to include forming, by selective deposition of tungsten, a second portion comprising selective, barrierless tungsten. The ordinary artisan would have been motivated to modify Wang223 in the above manner for the purpose of providing suitable method for forming tungsten layer only in the gate spaces over the first portion of the S/D contact. Further, it would have been obvious to try one of the known methods with a reasonable expectation of success. KSR International Co. v. Teleflex Inc., 82 USPQ2d 1385 (2007).
Regarding claim 17, Wang223 discloses in paragraph [0053]
wherein depositing the S/D barrier layer [barrier layer of plug 603] comprises depositing titanium (Ti) or titanium nitride (TiN).
Regarding claim 18, Wang223 fails to disclose
depositing the first portion of the S/D contact using a chemical vapor deposition (CVD) process.
However, Wang223 discloses in paragraph [0059], [0073] that conductive fill material may be deposited using a deposition process such as a chemical vapor deposition (CVD).
Kamineni et al. discloses in Fig. 11, Fig. 13, paragraph [0048]-[0049], [0054]
depositing the first portion [158/190] of the S/D contact using a chemical vapor deposition (CVD) process.
It would have been obvious to one of ordinary skill in the art before the effective filling date of the invention to incorporating the teaching of Kamineni et al. into the method of Wang223 to include depositing the first portion of the S/D contact using a chemical vapor deposition (CVD) process. The ordinary artisan would have been motivated to modify Wang223 in the above manner for the purpose of providing suitable deposition method for forming the first portion of the S/D contact [paragraph [0073] of Wang223, paragraph [0048]-[0049] of Kamineni et al.]. Further, it would have been obvious to try one of the known methods with a reasonable expectation of success. KSR International Co. v. Teleflex Inc., 82 USPQ2d 1385 (2007).
Regarding claims 19-20, Wang223 discloses in Fig. 4-Fig. 11
prior to depositing the S/D barrier layer [a barrier layer of 603]:
etching a top portion of the metal gate [401] to create a first recess [recess filled by 501 and 503] within the gate spacers [203] having a first depth [Fig. 4-Fig. 5, paragraph [0049]];
depositing a metal cap [501] to fill the first recess [recess filled by 501 and 503] within the gate spacers [203][Fig. 5, paragraph [0049]]; and
depositing a second dielectric layer [503] to substantially fill a second recess [recess filled by 503] within the gate spacers [203] having a second depth less than the first depth [Fig. 5, paragraph [0050]];
after depositing the S/D contact [conductive material of 603 and 707][Fig. 7]: etching the second dielectric layer [503] to expose the second recess within the gate spacers [203][Fig. 9-10]; and
forming selective, barrierless tungsten [1101] at least within the second recess [recess filled by gate mask 503] and in direct contact with the metal cap [501][Fig. 11, paragraph [0073]].
Wang223 fails to disclose
depositing the metal cap to substantially fill the first recess within the gate spacers; and
etching a top portion of the metal cap to create the second recess within the gate spacers.
Chiou et al. discloses in Fig. 8-10, paragraph [0024]-[0028]
depositing the metal cap [111] to substantially fill the first recess [87, 88] within the gate spacers; and
etching a top portion of the metal cap [111] to create the second recess [91, 92] within the gate spacers.
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 Chiou et al. into the method of Wang223 to include depositing the metal cap to substantially fill the first recess within the gate spacers; and etching a top portion of the metal cap to create the second recess within the gate spacers. The ordinary artisan would have been motivated to modify Wang223 in the above manner for the purpose of providing suitable method for forming the conformal metal cap having desired thickness and shape [paragraph [0026]-[0028], [0032] of Chiou et al.]. Further, it would have been obvious to try one of the known methods with a reasonable expectation of success. KSR International Co. v. Teleflex Inc., 82 USPQ2d 1385 (2007).
Response to Arguments
Applicant’s arguments with respect to claims 1-5, 7-20 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.
In addition, Applicant's arguments filed 11/04/2025 have been fully considered but they are not persuasive.
Hsiung et al. (US Pub. 20220310814) provided evidence in paragraph [0037] and Lim et al. (US Pub. 20180175165) provided evidence in paragraph [0037] that CVD can be used as a selective deposition process to deposit tungsten. Kamineni et al. provided evidence in paragraph [0048], [0049], [0051], [0056] bottom-up deposition using CVD can be used to selectively growth tungsten. Thus, Applicant’s arguments that tungsten has been deposited by selective growth instead of CVD is not persuasive.
It is noted that with respect to device claims, the term “selective” directs to a product-by process limitation, “[E]ven though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process.” In re Thorpe, 777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985). Furthermore, "[b]ecause validity is determined based on the requirements of patentability, a patent is invalid if a product made by the process recited in a product-by-process claim is anticipated by or obvious from prior art products, even if those prior art products are made by different processes." Amgen Inc. v. F. Hoffman-La Roche Ltd., 580 F.3d 1340, 1370 n 14, 92 USPQ2d 1289, 1312, n 14 (Fed. Cir. 2009). (MPEP 2113).
Overall, Applicant’s arguments are not persuasive. The claims stand rejected.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The cited art discloses similar materials, devices and methods.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SOPHIA T NGUYEN whose telephone number is (571)272-1686. The examiner can normally be reached 9:00am -5:00 pm, Monday-Friday.
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, BRITT D HANLEY can be reached at (571)270-3042. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/SOPHIA T NGUYEN/Primary Examiner, Art Unit 2893
Prosecution Insights