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 .
Claim Rejections - 35 USC § 102
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1, 2, 4-8, 10, and 21 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tamura US 20100320546.
Regarding claim 1 (Currently Amended), Tamura discloses a layer structure comprising:
a lower layer (Figure 1A, layer 1 is a silicon substrate [0033])
a carbon ion implantation layer in the lower layer (figures 1S- 1Y, layer 23/24 is a carbon doped silicon layer, [abstract and 0065]) and
a carbon-based material layer on the carbon ion implantation layer ([0080] layer 25 is silicon carbide.) and
a concentration of carbon in the carbon ion implantation layer is greater than a concentration of carbon in the lower layer (As the lower layer 1 is silicon, the carbon doped silicon layer 23/24 has a higher concentration of carbon.)
Regarding claim 2 (Currently Amended), Tamura discloses the layer structure of claim 1, wherein
the carbon ion implantation layer includes a trench (Trenches are formed by shallow trench isolation structure 4 [0038]), and
the carbon-based material layer is in the trench (figure 1Y, layer 25 is in the trench formed by STI structures 4).
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Regarding claim 4 (Currently Amended), the layer structure of claim 2, wherein the carbon ion implantation layer has an ion implantation concentration gradient in a given direction of the carbon ion implantation layer (Annotated figure 2 shows that film 23/24 has ion implantation concentration gradients for both phosphorus and carbon.)
Regarding claim 5 (Currently Amended), Tamura discloses the layer structure of claim 4, wherein the carbon ion implantation layer includes a plurality of layers that are sequentially stacked and have different ion implantation concentrations from each other (The carbon ion implantation layer 23/24 includes at least 2 layers 23 and 24 that are sequentially stacked and have different ion implantation concentrations from each other, as shown in annotated figure 2.)
Regarding claim 6 (Currently Amended), Tamura discloses the layer structure of claim 1, further comprising: an upper layer on a portion of the lower layer around the carbon ion implantation layer (Figure 1Y, layer 37 is an upper layer on a portion of the lower layer around the carbon ion implantation layer.).
Regarding claim 7 (Currently Amended), Tamura discloses the layer structure of claim 6, further comprising: a barrier layer between the lower layer and the upper layer around the carbon ion implantation layer (figure 1Y layer 34, described in paragraph [0103]).
Regarding claim 8 (Original), Tamura discloses the layer structure of claim 1, wherein the carbon-based material layer includes a hetero material and carbon (Layer 25 figure 1Y is phosphorus-doped silicon carbide, a hetero material, and it includes carbon [0080]) .
Regarding claim 10 (Original), Tamura discloses the layer structure of claim 8, wherein the carbon-based material layer is a carbon compound layer including the hetero material (Layer 25 figure 1Y is a carbon compound silicon carbide, which is a hetero material [0080]).
Regarding claim 21 (New), discloses the layer structure of claim 1, wherein the carbon ion implantation layer includes carbon atoms dispersed in a non- carbon layer, and a material of the non-carbon layer is same as a material of the lower layer (The material of the non-carbon substrate layer 1 is silicon, and the material of the carbon implanted layer 23/24 is silicon carbide, which may be formed by ion implantation of carbon ions into silicon [abstract and 0065].)
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
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.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Tamura in view of Kim et al. US 20170179234.
Regarding claim 9, Tamura discloses the layer structure of claim 8,
Tamura lacks wherein the hetero material includes nitrogen, boron, or both nitrogen and boron.
However, Kim discloses a carbon-based hetero material, heteroatom-doped graphene with nitrogen and/or boron included in the hexagonal crystal structure (Figures 11 and 12 show the placement of the nitrogen and/or boron atoms within the heteroatom-doped graphene crystal structure), which could be layered together with graphene ([0139] and [0146]), to produce a layer including hetero material and carbon.
It would have been obvious to a person of ordinary skill in the art before the effective filing data to replace the graphene layer of Tamura in view of Anderson with the heteroatom-doped graphene incorporating nitrogen and/or boron atoms as disclosed by Kim in order to enhance and tune the electrical properties of the layer. For example, adding dopants to the graphene could create a bandgap, which is not characteristic of undoped graphene, while preserving the desirable electrical and physical characteristics of graphene (Kim [0005-0006]).
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Tamura in view of Anderson et al. 20090020764.
Regarding claim 11 (Original), Tamura discloses the layer structure of claim 8.
Tamura lacks wherein the carbon-based material layer includes a graphene layer, a layered graphene layer, an amorphous carbon layer, or a nanocrystalline graphene layer.
However, Anderson discloses a similar layer structure wherein the carbon-based material layer includes a graphene layer (element 20 in figure 21, described in paragraph [0086]).
Therefore, it would have been obvious to a person of ordinary skill in the art before the time of filing to include a graphene layer in the carbon-based material layer of Tamura 25 in order to improve the electrical conductivity and heat dissipation of the layer structure.
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Tamura in view of Lee et al. 20150235959.
Regarding claim 12 (Previously Presented), Tamura discloses the layer structure of claim 1.
Tamura lacks an electronic device comprising: a data storage element; a transistor connected to a first side of the data storage element; and a conductive layer connected to a second side of the data storage element through the layer structure of claim 1.
However, Lee discloses an electronic device (In figure 10, the device comprises memory cell MC1 connected to a bit line BL1 [0153]) comprising:
a data storage element (Element MR1 of figure 10 is a magneto resistive data storage element [0153].);
a transistor (In figure 10, TR1 is a switching element that may be a transistor [0157].) connected to a first side of the data storage element (TR1 is connected to a first side of MR1 in figure 10 [0153].); and
a conductive layer (Figure 10, BL1 is a bit line) connected to a second side of the data storage element [0155]).
Therefore, it would have been obvious to a person having ordinary skill in the art before the filing data to add the layer structure of Tamura to the circuit of the memory device between the conductive layer (bit line) and the second side of the data storage element of the electronic device disclosed by Lee to act as an efficient access transistor between the memory cell and the bit line, to improve access speed and reduce power consumption.
Response to Arguments
Applicant's argument stating that the amended subject matter overcomes the prior art cited is persuasive. New art (Tamura US 20100320546) has been found that is seen in the current rejection above. All arguments to the previous prior art are not relevant to the new rejection.
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 KATRINA M H WALJESKI-MOSES whose telephone number is (571)272-0731. The examiner can normally be reached Mon- Fri 7:30 am- 5 pm.
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/KATRINA WALJESKI-MOSES/Examiner, Art Unit 2818
/JEFF W NATALINI/Supervisory Patent Examiner, Art Unit 2818
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