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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 08/12/206 has been entered.
Response to Amendment
Amendment dated 08/12/2026 has been acknowledged. Claims 21-24 & 26 are amended. Claims 19 are newly cancelled. Claims 1-12 were previously cancelled. Claims 13-18, 20-32 remain pending in application.
Response to Arguments
Applicant’s argument dated 08/12/2026 has been acknowledged. Amendment overcomes rejections under 35 USC § 112, set forth in previous office action. Accordingly, 112(b) rejection of previously presented claims 22, 24 & 26 are hereby withdrawn. However, these claims are newly rejected under 35 USC § 112 due to their dependency on independent claim 21 which is rejected in current office action (see 112(b) sections below). Therefore, applicant’s arguments regarding the limitation “the buried capacitor trench exposing the base wafer portion” is moot.
Claim 14 is subject to claim objection due to discovery of a new issue, as set forth in claim objection section below. Accordingly, allowability of claims 14-16 & 18 are hereby withdrawn.
Claim Objections
Claim 14 in line 4 recites the term “including” which appears to be a typo. For examination purpose, examiner is ignoring the term and interpreting the entire limitation as
wherein the buried trench is formed below the second epitaxial layer and extends through the first epitaxial layer to the base wafer, and further comprising; forming a buried trench capacitor array below the second epitaxial layer[[, including; and]]; forming a deep well of a first conductivity type around the buried trench; the trench-fill material having a second conductivity type; and forming a dielectric cap on the trench-fill material.
Claims 15-16 & 18 are objected to being dependent on claim 14.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
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.
Claim 21 is 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.
Claim 21 recites limitation “the buried capacitor trench exposing the base wafer portion” which is not clearly understood. It is not clear from FIG. 2I of disclosure how the buried capacitor trench (240) exposing the base-wafer portion (204) whereas it is more specifically the gap (245) which is exposing the base wafer portion (204) instead. In addition, the term “exposing” is also not clearly understood from the term “contacts” in later recited limitation “forming a gap in the buried capacitor trench liner dielectric through which the buried capacitor trench-fill material contacts the base wafer portion”. Claim 27 recites the term “exposing” as follows, “forming trench liner gaps through the trench liner dielectric layers thereby exposing the base wafer at the bottoms of the trench”. Accordingly, for examination purpose, examiner is interpreting the associated limitations as follows “forming a buried capacitor trench in the first epitaxial layer and in the base wafer portion [[, the buried capacitor trench exposing the base wafer portion]]; forming a buried capacitor trench liner dielectric on the buried capacitor trench; forming a gap in the buried capacitor trench liner dielectric through which the buried capacitor trench-fill material contacts the base wafer portion thereby exposing the base wafer portion through the gap”.
Claims 22-26 are rejected, being dependent on claim 21.
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 26 is further rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends.
Claim 26 depends on claim 21 and recites “forming a gap in the buried capacitor trench liner dielectric through which the buried capacitor trench-fill material contacts the base wafer portion” which is already recited in claim 21 and therefore does not further limit base claim 21.
Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Allowable Subject Matter
Allowability of claims 14-16 & 18 are withdrawn (see claim objection section above)
Claims 13, 17, 20, 27-32 were allowed in previous office action.
Claims 21-26 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action
With respect to claim 21, the prior art of record does not appear to teach, suggest, or provide motivation for combination to following limitation:
“forming a gap in the buried capacitor trench liner dielectric through which the buried capacitor trench-fill material contacts the base wafer portion”
The above limitation incorporates allowable subject matter of previously presented claim 26 as interpreted and indicated in previous office action.
Claims 22-26 would be allowable being dependent on claim 21.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KHATIB A RAHMAN whose telephone number is (571)270-0494. The examiner can normally be reached on MON-FRI 8:00 am- 5:00 pm (Arizona).
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/K.A.R/Examiner, Art Unit 2813
/STEVEN H LOKE/Supervisory Patent Examiner, Art Unit 2818
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