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 .
Response to Arguments
Applicant’s arguments with respect to claims 1 and 11 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.
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 14 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.
Regarding Claim 14, the claim recites the limitation, “the capping layer is flat”. Seeing no special definition for the term “flat”, Examiner relied on Merriam-Webster dictionary which presents several definitions of “flat”. Therefore it is unclear to which definition the limitation of “flat” relies on. For purposes of examination, Examiner will use the interpretation of flat as “having a relatively smooth or even surface”.
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 1-3, 5-9 and 11-18 are rejected under 35 U.S.C. 103 as being unpatentable over Mori et al. (US 2013/0134536 A1, hereinafter Mori ‘536) in view of Kwon et al. (US 2010/0176474 A1, hereinafter Kwon ‘474) and in further view of Komatsu et al. (US 2006/0158547 A1, hereinafter Komatsu ‘547), in view of the following arguments.
With respect to Claim 1 Mori ‘536 discloses a method of fabricating an image sensor (Fig 9-12(b)), comprising:
providing a substrate (102, Fig 10, Para [0083]) that includes a plurality of pixel regions (200, Fig 10, Para [0124]);
forming an anti-reflection layer (228, Fig 11(b), Para [0159] discloses layer 228 as silicon oxide) on the substrate (102);
forming color filters (122a/122b/122c, Fig 10, Para [0128]) on the anti-reflection layer (228), wherein the color filters (122a/122b/122c) are spaced apart from each other by openings (221a, Fig 12(a), Para [0155])(Fig 12(b) discloses openings between color filters);
But Mori ‘536 fails to explicitly disclose forming pyrolytic polymer patterns between the color filters that fill the openings; and performing a thermal treatment process that removes the pyrolytic polymer patterns and forms air gap regions between the color filters.
Nevertheless, in a related endeavor (Fig 9-13 of Kwon ‘474), Kwon ‘474 teaches forming pyrolytic polymer patterns (41a, Fig 11, Para [0037]) between the color filters (31) that fill the openings (opening of 41a, Fig 12, Para [0038 and 0039]) and performing a thermal treatment process (Para [0039] discloses performing a thermal treatment process to remove 41a creating air gap 27, hereinafter TTP) that removes the pyrolytic polymer patterns (41a) and forms air gap regions (27, Fig 9, Para [0039]) between the color filters (31).
Therefore, it would have been obvious to one with ordinary skill in the art, before the effective filing date of the claimed invention, to incorporate Kwon’474’s’s forming pyrolytic polymer patterns between the color filters that fill the openings; and performing a thermal treatment process that removes the pyrolytic polymer patterns and forms air gap regions between the color filters into Mori ‘536’s method. Mori ‘536 also discloses a method for creating an air gap to create a refractive index difference between color filters. Kwon ‘474 also teaches a known method for creating an air gap to create a refractive index difference between color filters (MPEP 2144.07). Therefore the ordinary artisan would have been motivated to modify Mori ‘536 in the manner set forth above, at least because using the method taught by Kwon ‘474 provides a proven method to create an air gap between color filters that, as Kwon ‘474 teaches in Para [0021] can incident light passing between color filters.
As incorporated, the use of pyrolytic polymer patterns (41a) as taught by Kwon ‘474 is used in the openings (221a) of Mori ‘536 to form air gaps.
But Mori ‘536 modified by Kwon ‘474 fails to explicitly disclose forming a capping layer on the color filters and the pyrolytic polymer patterns, such that the capping layer is in physical contact with both the color filters and the pyrolytic polymer patterns.
Nevertheless, in a related endeavor (Fig 9-11B of Komatsu ‘547), Komatsu ‘547 teaches forming a capping layer (10, Fig 9B of Komatsu ‘547, Para [0102]) on the color filters (8a/8b/8c, Fig 9A of Komatsu ‘547, Para [0101]) and patterns (9, Fig 9A of Komatsu ‘547, Para [0100]), such that the capping layer (10) is in physical contact with both the color filters (8a/8b/8c) and the patterns (9).
Therefore, it would have been obvious to one with ordinary skill in the art, before the effective filing date of the claimed invention, to incorporate Komatsu ‘547’s teaching of forming a capping layer on the color filters and the pyrolytic polymer patterns, such that the capping layer is in physical contact with both the color filters and the pyrolytic polymer patterns into Mori ‘536 modified by Kwon ‘474’s method. The ordinary artisan would have been motivated to modify Mori ‘536 modified by Kwon ‘474 in the manner set forth above, at least, because the capping layer will keep debris from entering the air gap regions and Kwon ‘474 teaches in Para [0063] the capping layer provides “a high optical transmittance” layer which can help to improve the device performance.
As incorporated, capping layer (10) taught by Komatsu ‘547 would be used on the color filters (122a/122b/122c of Mori ‘536) and pyrolytic polymer patterns (221a of Mori ‘536 as modified by Kwon ‘474 as disclosed above), such that the capping layer (10 of Komatsu ‘547) would be in physical contact with both the color filters (122a/122b/122c of Mori ‘536) and the pyrolytic polymer patterns (221a of Mori ‘536 as modified by Kwon ‘474 as disclosed above).
With respect to Claim 2 Mori ‘536 modified by Kwon ‘474 and further modified by Komatsu ‘547 discloses all limitations of the method of claim 1, and Kwon ‘474 discloses further wherein the pyrolytic polymer patterns (41a) comprise a carbon-based polymer (Para [0036] of Kwon ‘474 discloses 41a as polynorbornene, a carbon based polymer, hereinafter CBP), and
the carbon-based polymer (CBP) comprises at least one of oxygen or nitrogen (Para [0036] of Kwon ‘474 discloses 41a as polynorbornene, a polymer containing nitrogen).
With respect to Claim 3 Mori ‘536 modified by Kwon ‘474 and further modified by Komatsu ‘547 discloses all limitations of the method of claim 1, and Kwon ‘474 discloses further wherein the thermal treatment process (TTP) is performed at a temperature between 1000C and 400°C. (Para [0039] of Kwon ‘474 discloses TTP between 300°C - 450°C).
With respect to Claim 5 Mori ‘536 modified by Kwon ‘474 and further modified by Komatsu ‘547 discloses all limitations of the method of claim 1, and Komatsu ‘547 further discloses wherein a bottom surface (bottom of 10) of the capping layer (10) is flat (Fig 9B of Komatsu ‘547 shows bottom of 10 as flat).
With respect to Claim 6 Mori ‘536 modified by Kwon ‘474 and further modified by Komatsu ‘547 discloses all limitations of the method of claim 1, and Mori ‘536 modified by Kwon ‘474 and further modified by Komatsu ‘547 discloses further comprising forming a passivation layer (229, Fig 11(b) of Mori ‘536, Para [0159]) on the anti-reflection layer (228),
wherein the color filters (122a/122b/122c) are formed on (disclosed in Fig 11(d) of Mori ‘536, Para [0161]) the passivation layer (229), and
the air gap regions (221a of Mori ‘536 as modified by Kwon ‘474 as described above) are spaces between the color filters (122a/122b/122c) and between the passivation layer (229) and the capping layer (10 of Komatsu ‘547 as incorporated, described above).
With respect to Claim 7 Mori ‘536 modified by Kwon ‘474 and further modified by Komatsu ‘547 discloses all limitations of the method of claim 1, Mori ‘536 further discloses wherein the substrate (102) comprises deep isolation patterns (220, Fig 10 of Mori ‘536, Para [0126]) that are disposed (Fig 10 of Mori ‘536 discloses structures 220 between regions 200) between the pixel regions (200).
With respect to Claim 8 Mori ‘536 modified by Kwon ‘474 and further modified by Komatsu ‘547 discloses all limitations of the method of claim 7, and Mori ‘536 further discloses wherein the air gap regions (221a) vertically overlap the deep isolation patterns (220)(Fig 10 of Mori ‘536 discloses air gap 221a overlaps patterns 220).
With respect to Claim 9 Mori ‘536 modified by Kwon ‘474 and further modified by Komatsu ‘547 all limitations of the method of claim 1, and Mori ‘536 modified by Kwon ‘474 and further modified by Komatsu ‘547 discloses wherein the capping layer (10 of Komatsu ‘547) covers top surfaces of the color filters (122a/122b/122c of Mori ‘536) and top surfaces of the pyrolytic polymer patterns (221a of Mori ‘536 as modified by Kwon ‘474 as disclosed above) (as described above; as incorporated, capping layer (10) taught by Komatsu ‘547 would be used on the color filters (122a/122b/122c of Mori ‘536) and pyrolytic polymer patterns (221a of Mori ‘536 as modified by Kwon ‘474 as disclosed above), such that the capping layer (10 of Komatsu ‘547) would be in physical contact with both the color filters (122a/122b/122c of Mori ‘536) and the pyrolytic polymer patterns (221a of Mori ‘536 as modified by Kwon ‘474 as disclosed above).
With respect to Claim 11 Mori ‘536 discloses a method of fabricating an image sensor (Fig 9-12(b)), comprising:
providing a substrate (102, Fig 10, Para [0083]) that includes a plurality of pixel regions (200, Fig 10, Para [0124]);
sequentially forming an anti-reflection layer (228, Fig 11(b), Para [0159] discloses layer 228 as silicon oxide) and a passivation layer (229, Fig 11(b), Para [0159]) on the substrate (102)(Para [0159] discloses layer 228 formed then layer 229 formed);
forming color filters (122a/122b/122c, Fig 10, Para [0128]) on the passivation layer (229);
But Mori ‘536 fails to explicitly disclose forming pyrolytic polymer patterns between the color filters; performing a thermal treatment process that removes the pyrolytic polymer patterns and forms an air gap region that is a space between the color filters, wherein the pyrolytic polymer patterns comprise a carbon-based polymer.
Nevertheless, in a related endeavor (Fig 9-13 of Kwon ‘474), Kwon ‘474 teaches forming pyrolytic polymer patterns (41a, Fig 11, Para [0037]) between the color filters (31); performing a thermal treatment process (Para [0039] discloses performing a thermal treatment process to remove 41a creating air gap 27) that removes the pyrolytic polymer patterns (41a) and forms an air gap region (27, Fig 9, Para [0039]) that is a space (Fig 13 of Kwon ‘474 and Para [0039] disclose space is formed after pyrolytic polymer is thermally decomposed) between the color filters (31), wherein the pyrolytic polymer patterns (41a) comprise a carbon-based polymer (Para [0036] of Kwon ‘474 discloses 41a as polynorbornene, a carbon based polymer, hereinafter CBP).
Therefore, it would have been obvious to one with ordinary skill in the art, before the effective filing date of the claimed invention, to incorporate Kwon’474’s’s forming pyrolytic polymer patterns between the color filters; performing a thermal treatment process that removes the pyrolytic polymer patterns and forms an air gap region that is a space between the color filters wherein the pyrolytic polymer patterns comprise a carbon-based polymer into Mori ‘536’s method. Mori ‘536 also discloses a method for creating an air gap to create a refractive index difference between color filters. Kwon ‘474 also teaches a known method of using a carbon based polymer to create an air gap to create a refractive index difference between color filters (MPEP 2144.07). Therefore the ordinary artisan would have been motivated to modify Mori ‘536 in the manner set forth above, at least because using the method taught by Kwon ‘474 provides a proven method to create an air gap between color filters that, as Kwon ‘474 teaches in Para [0021] can incident light passing between color filters.
As incorporated, the use of pyrolytic polymer patterns (41a), using a carbon based polymer as taught by Kwon ‘474 is used in the openings (221a) of Mori ‘536 to form air gaps.
But Mori ‘536 as modified by Kwon ‘474 fails to explicitly disclose forming a capping layer on the color filters and the pyrolytic polymer patterns, such that the capping layer is in physical contact with both the color filters and the pyrolytic polymer patterns; and an air gap region is a space between the passivation layer and the capping layer.
Nevertheless, in a related endeavor (Fig 9-11B of Komatsu ‘547), Komatsu ‘547 teaches forming a capping layer (10, Fig 9B of Komatsu ‘547, Para [0102]) on the color filters (8a/8b/8c, Fig 9A of Komatsu ‘547, Para [0101]) and patterns (9, Fig 9A of Komatsu ‘547, Para [0100]), such that the capping layer (10) is in physical contact with both the color filters (8a/8b/8c) and the patterns (9).
Therefore, it would have been obvious to one with ordinary skill in the art, before the effective filing date of the claimed invention, to incorporate Komatsu ‘547’s teaching of forming a capping layer on the color filters and the pyrolytic polymer patterns, such that the capping layer is in physical contact with both the color filters and the pyrolytic polymer patterns into Mori ‘536 modified by Kwon ‘474’s method. The ordinary artisan would have been motivated to modify Mori ‘536 modified by Kwon ‘474 in the manner set forth above, at least, because the capping layer will keep debris from entering the air gap regions and Kwon ‘474 teaches in Para [0063] the capping layer provides “a high optical transmittance” layer which can help to improve the device performance.
As incorporated, capping layer (10) taught by Komatsu ‘547 would be used on the color filters (122a/122b/122c of Mori ‘536) and pyrolytic polymer patterns (221a of Mori ‘536 as modified by Kwon ‘474 as disclosed above), such that the capping layer (10 of Komatsu ‘547) would be in physical contact with both the color filters (122a/122b/122c of Mori ‘536) and the pyrolytic polymer patterns (221a of Mori ‘536 as modified by Kwon ‘474 as disclosed above).
Then, Mori ‘536 modified by Kwon ‘474 as further modified by Komatsu ‘547 discloses an air gap region (221a of Mori ‘536 as modified by Kwon ‘474 as described above) is a space between the passivation layer (229 of Mori ‘536) and the capping layer (10 of Komatsu ‘547 as incorporated, described above).
With respect to Claim 12 Mori ‘536 modified by Kwon ‘474 as further modified by Komatsu ‘547 discloses all limitations of the method of claim 11, and Komatsu ‘547 further discloses wherein top and bottom surfaces (top and bottom of 10) of the capping layer (10 of Komatsu ‘547) are flat (Fig 9B of Komatsu ‘547 shows top and bottom of 10 as flat).
With respect to Claim 13 Mori ‘536 modified by Kwon ‘474 as further modified by Komatsu ‘547 discloses all limitations of the method of claim 11, and Mori ‘536 modified by Kwon ‘474 as further modified by Komatsu ‘547 discloses further wherein the color filters (122a/122b/122c) are spaced apart from each other (Fig 12(a) and Para [0162] of Mori ‘536 discloses space between color filters) by the air gap region (221a of Mori ‘536 as modified by Kwon ‘474 as described above).
With respect to Claim 14 Mori ‘536 modified by Kwon ‘474 as further modified by Komatsu ‘547 discloses all limitations of the method of claim 11, and Mori ‘536 modified by Kwon ‘474 as further modified by Komatsu ‘547 further disclosed wherein the capping layer (10 of Komatsu ‘547) covers top surfaces of the color filters (122a/122b/122c of Mori ‘536) and top surfaces of the pyrolytic polymer patterns (tops of 221a of Mori ‘536 as modified by Kwon ‘474 as disclosed above) (Examiner Note: as described above; as incorporated, capping layer (10) taught by Komatsu ‘547 would be used on the color filters (122a/122b/122c of Mori ‘536) and pyrolytic polymer patterns (221a of Mori ‘536 as modified by Kwon ‘474 as disclosed above), such that the capping layer (10 of Komatsu ‘547) would be in physical contact with both the color filters (122a/122b/122c of Mori ‘536) and the pyrolytic polymer patterns (221a of Mori ‘536 as modified by Kwon ‘474 as disclosed above)), and
a bottom surface of the capping layer (10) is flat (Note Examiner’s above interpretation of flat as “having a relatively smooth or even surface”), after removing the pyrolytic polymer patterns (Fig 13 of Kwon ‘474 and Para [0039] disclose space is formed after pyrolytic polymer is thermally decomposed) and (Fig 9B of Komatsu ‘547 shows top and bottom of 10 as flat).
With respect to Claim 15 Mori ‘536 modified by Kwon ‘474 as further modified by Komatsu ‘547 discloses all limitations of the method of claim 11, wherein top surfaces of the color filters (122a/122b/122c of Mori ‘536) are coplanar with top surfaces of the pyrolytic polymer patterns (221a of Mori ‘536 as modified by Kwon ‘474 as disclosed above)(Fig 12(b) of Mori ‘536 discloses the top of the gaps between color filters as coplanar with the top of the color filter. As described above, as incorporated the gaps between the color filters of Mori ‘536 are formed using the pyrolytic polymer patterns 221a of Mori ‘536 as modified by Kwon ‘474).
With respect to Claim 16 Mori ‘536 modified by Kwon ‘474 as further modified by Komatsu ‘547 discloses all limitations of the method of claim 11, and Komatsu ‘547 discloses further comprising forming micro lenses (11, Fig 11B of Komatsu ‘547, Para [0106]) on the capping layer (10, Fig 9B of Komatsu ‘547, Para [0102]), after forming the air gap region (9, Fig 9A of Komatsu ‘547, Para [0100].
Therefore, it would have been obvious to one with ordinary skill in the art, before the effective filing date of the claimed invention, to incorporate Komatsu ‘547’s further teaching of forming micro lenses on the capping layer, after forming the air gap region into Mori ‘536 modified by Kwon ‘474 as further modified by Komatsu ‘547’s method. The ordinary artisan would have been motivated to modify Mori ‘536 modified by Kwon ‘474 as further modified by Komatsu ‘547 in the manner set forth above, at least, because as Komatsu ‘547 teaches in Para [0065], microlenses are precisely registered to allow light to reach sensing regions, thereby creating a more functional device.
As incorporated the micro lenses (11) taught by Komatsu ‘547 would be used over the capping layer (10 of Komatsu ‘547) after forming the air gap region (221a of Mori ‘536 as modified by Kwon ‘474 as described above) in the method of Mori ‘536 modified by Kwon ‘474 as further modified by Komatsu ‘547.
With respect to Claim 17 Mori ‘536 modified by Kwon ‘474 as further modified by Komatsu ‘547 discloses all limitations of the method of claim 11, and Kwon ‘474 further disclose wherein forming the pyrolytic polymer patterns (41a) comprises:
forming a pyrolytic polymer layer (41, Fig 10 of Kwon ‘474, Para [0036]); and
patterning the pyrolytic polymer layer (Fig 11 and Para [0037] of Kwon ‘474 disclose 41 is patterned),
wherein the pyrolytic polymer layer (41 of Kwon ‘474) fills an opening (space between color filters as shown in Fig 10 of Mori ‘536) between the color filters (122a/122b/122c) and by the passivation layer (229)(Fig 10 of Mori ‘536 shows spaces, where, as described above, as incorporated pyrolytic polymer 41a of Kwon ‘474 fills the space, as shown in Fig 12(b), between color filters and Fig 12(b) discloses they are by passivation layer 229).
With respect to Claim 18 Mori ‘536 modified by Kwon ‘474 as further modified by Komatsu ‘547 discloses all limitations of the method of claim 17, wherein the patterning of the pyrolytic polymer layer (Fig 11 and Para [0037] of Kwon ‘474 disclose 41 is patterned) is performed until a top surface (top of surface of patterned 41a as shown in Fig 11 of Kwon ‘474) of the pyrolytic polymer layer (41a of Komatsu ‘547) is coplanar with top surfaces of the color filters (122a/122b/122c) (Fig 12(b) discloses space between color filter is coplanar with the top of the color filters. As described above, as incorporated the space between color filters would be filled with pyrolytic polymer 41 of Komatsu ‘547).
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Mori ‘536 in view of Kwon ‘474 and in further view of Komatsu ‘547, supported by Wedlake, M.D. and Kohl, P.A. (2002) (‘Thermal Decomposition Kinetics of Functionalized Polynorbornene’, Journal of Materials Research, 17(3), pp. 632–640. doi:10.1557/JMR.2002.0090, hereinafter Wedlake et al.) and Bastarrachea, Luis & Dhawan, Sumeet & Sablani, Shyam.((2011). Engineering Properties of Polymeric-Based Antimicrobial Films for Food Packaging: A Review. Food Engineering Reviews. 3. 79-93. 10.1007/s12393-011-9034-8, hereinafter Bastarrachea et al.), in view of the following arguments.
With respect to Claim 4 Mori ‘536 modified by Kwon ‘474 and further modified by Komatsu ‘547 and supported by Wedlake et al. and supported by Bastarrachea et al. discloses all limitations of the method of claim 1, and Mori ‘536 modified by Kwon ‘474 and further modified by Komatsu ‘547 and supported by Wedlake et al. further discloses wherein the thermal treatment process (TTP) decomposes the pyrolytic polymer patterns (41a) into one or more monomers (Para [0039] discloses pyrolytic polymer is decomposed and Wedlake et al. discloses monomers in polynorbnene thermal decomposition), and
the one or more monomers (Para [0039] discloses pyrolytic polymer is decomposed and Wedlake et al. discloses monomers in polynorbnene thermal decomposition) are removed through the capping layer (10, Fig 9B of Komatsu ‘547, Para [0065] discloses 10 as film of acrylic resin and Bastarrachea et al. discloses acrylic resin as permeable) during the thermal treatment process. (Kwon ‘474 discloses decomposition process, as incorporated, described above, the capping layer 10 of Komatsu ‘547 is over the pyrolytic polymer and Bastarrachea et al. discloses acrylic resin as permeable, therefore the decomposition products of the pyrolytic polymer would permeate through capping layer 10).
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Mori ‘536 in view of Kwon ‘474, in view of Komatsu ‘547, and in further view of Furuta (US 2014/0367817 A1, hereinafter Furuta ‘817), as supported by Wedlake et al. and Bastarrachea et al., in view of the following arguments.
With respect to Claim 10 Mori ‘536 modified by Kwon ‘474 and further modified by Komatsu ‘547 and supported by Wedlake et al. and supported by Bastarrachea et al. discloses all limitations of the method of claim1, but Mori ‘536 modified by Kwon ‘474 and further modified by Komatsu ‘547 and supported by Wedlake et al. and supported by Bastarrachea et al. fails to explicitly disclose wherein the capping layer includes at least one of an oxide, a nitride, silicon oxide, silicon nitride, or silicon oxynitride.
Nevertheless, in a related endeavor (Fig 3A-3B of Furuta ‘817), Furuta ‘817 teaches wherein the capping layer (16, Fig 3A of Furuta ‘817, Para [0058]) includes at least one of an oxide, a nitride, silicon oxide, silicon nitride, or silicon oxynitride (Para [0058] of Furuta ‘817 discloses 16 as silicon oxide).
Therefore, it would have been obvious to one with ordinary skill in the art, before the effective filing date of the claimed invention, to incorporate Furuta ‘817’s teaching of the capping layer includes at least one of an oxide, a nitride, silicon oxide, silicon nitride, or silicon oxynitride into Mori ‘536 modified by Kwon ‘474 and further modified by Komatsu ‘547 and supported by Wedlake et al. and supported by Bastarrachea et al’s method. Mori ‘536 modified by Kwon ‘474 and further modified by Komatsu ‘547 and supported by Wedlake et al. and supported by Bastarrachea et al teaches a capping layer over an air gap. Furuta ‘817 teaches a known method for creating a capping layer over an air gap (MPEP 2144.07). The ordinary artisan would have been motivated to modify Mori ‘536 modified by Kwon ‘474 and further modified by Komatsu ‘547 and supported by Wedlake et al. and supported by Bastarrachea et al in the manner set forth above, at least, because the equivalent method taught by Furuta ‘817 teaches an equivalent and well known process that would have a high expectation of success.
As incorporated, silicon oxide capping layer (16) taught by Furuta ‘817 would be used as the capping layer (10) of Mori ‘536 modified by Kwon ‘474 and further modified by Komatsu ‘547 and supported by Wedlake et al. and supported by Bastarrachea et al.
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 PAUL A. BERRY whose telephone number is (703)756-5637. The examiner can normally be reached M-F 8-5 EST.
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/PAUL A BERRY/Examiner, Art Unit 2898 /JULIO J MALDONADO/Supervisory Patent Examiner, Art Unit 2898