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 .
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d).
Information Disclosure Statement
The information disclosure statement filed on 03/10/2023 has been considered.
Drawings
The drawings filed on 03/10/2023 are acceptable.
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)(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) 1-3, 7, 9-11, 14-19is/are rejected under 35 U.S.C. 102a1 as being anticipated by Enquist (US 2019/0237419).
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Regarding claim 1, Enquist discloses:
A semiconductor device, comprising:
a lower structure including a first substrate (32, ¶0035), a first pad (1) on the first substrate (32), and a first insulating layer (3) enclosing the first pad (1); and
an upper structure including a second substrate (30, ¶0035), a second pad (1) on the second substrate, and a second insulating layer (3) enclosing the second pad (1), wherein each of the first and second pads (1) comprises a first portion (1) and a second portion (7) on the first portion (1), wherein the second portion (7), comprises the same metallic material as the first portion (1) (¶0027 discloses pad 1 is W and barrier metal layer 2 is WN. ¶0032 discloses barrier metal layer 6/7 is the same material as barrier metal 2, WN), wherein the second portion (7) of the first pad (1) is in contact with the second portion (7) of the second pad (1), and wherein the first insulating layer (3) is in contact with the second insulating layer (3).
Regarding claim 2, Enquist further discloses:
wherein the second portion (7) of the first pad (1) and the second portion (7) of the second pad (1) are bonded to each other to form a single object (¶0038).
Regarding claim 3, Enquist further discloses
wherein the first insulating layer and the second insulating layer are bonded to each other to form a single object (¶0037) .
Regarding claim 7, Enquist further discloses:
wherein the first pad (1) and the second pad (1) are at least partially overlapped with each other, when viewed in a plan view (substrates 30 and 32 are aligned”, ¶0035).
Regarding claim 9, Enquist further discloses:
wherein the metallic material comprises copper (¶0027), and wherein the first and second insulating layers (3) comprise at least one of oxide, nitride, or oxynitride materials, which include an element contained in the first and second substrates ¶0028).
Regarding claim 10, Enquist further discloses “wherein a difference between a height of the first insulating layer and a height of the first portion of the first pad is about 10 A to about 300 A, and wherein a difference between a height of the second insulating layer and a height of the first portion of the second pad is about 10 A to about 300 A. (¶0040 discloses a 1-10nm difference. 1-10 nm = 10-100 Å).
Regarding claim 11, Enquist discloses:
A semiconductor device, comprising:
a lower structure comprising a first circuit pattern (¶0034) provided on a first substrate (32), a first insulating layer (3) provided on the first substrate (32) to cover the first circuit pattern (¶0034), and a first pad (1) disposed in the first insulating layer (3) and connected to the first circuit pattern ¶0034); and
an upper structure (30) vertically connected to the lower structure (32) , the upper structure comprising a second circuit pattern (¶0034) provided on a second substrate (30), a second insulating layer (3) provided on the second substrate (30) to cover the second circuit pattern (¶0034), and a second pad (1) disposed in the second insulating layer (3) and connected to the second circuit pattern, wherein the first insulating layer (3) is in direct contact with the second insulating layer (3), wherein each of the first and second pads comprises a first portion (1) and a second portion (7), which is provided on the first portion (1) and includes the same metallic material as the first portion (¶0027, ¶0032), and wherein the second portion (7) of the first pad and the second portion (7) of the second pad are bonded to each other to form a single object (¶0038).
Regarding claim 14, Enquist discloses:
A method of fabricating a semiconductor device, comprising:
forming a first insulating layer (3) on a first substrate (30);
patterning the first insulating layer to form a first recess portion (“Openings”, ¶0026);
forming a first conductive layer (1) on the first insulating layer (3) to fill the first recess portion (¶0026);
performing a first planarization process on the first conductive layer to expose a top surface of the first insulating layer (3) and to form a first portion of a first pad (¶0029), a top surface of the first portion (1) being located at a level lower than the top surface of the first insulating layer (3);
performing a selective deposition process to form a second portion (7) on the first portion of the first pad (¶0032, “formed with a selective process”), the second portion comprising the same metallic material as the first portion (¶0027, ¶0032);
forming a second insulating layer (3) on a second substrate (32);
patterning the second insulating layer to form a second recess portion (¶0026);
forming a second conductive layer (1) on the second insulating layer (3) to fill the second recess portion (¶0026);
Regarding claim 15, Enquist further discloses:
wherein the performing of the thermal treatment process comprises: bonding the first and second insulating layers (3) to each other to form a single object;
thermally expanding the second portion (7) of the first pad to be in contact with the second pad; and
bonding the first and second pads to each other to form a single object (¶0038).
Regarding claim 16, Enquist further discloses:
wherein the forming of the first portion of the first pad comprises performing the first planarization process on the first conductive layer in an over-etch manner (¶0029, ¶0030).
Regarding claim 17, Enquist further discloses:
wherein the forming of the second pad comprises:
performing the second planarization process to form a first portion of the second pad at a level that is lower than the top surface of the second insulating layer (¶0029); and
performing a selective deposition process to form a second portion on the first portion of the second pad, wherein the second portion of the second pad comprises the same metallic material as the first portion of the second pad (¶0027, ¶0032).
Regarding claim 18, Enquist further discloses:
wherein the selective deposition process comprises a chemical vapor deposition process (¶0027).
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.
Claim(s) 4, 5, 12 and 20 are is/are rejected under 35 U.S.C. 103 as being unpatentable over Enquist.
Regarding claim 4, Enquist does not disclose “wherein, in each of the first and second pads, a grain size of the first portion is larger than a grain size of the second portion”. However, It has been held where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device. In Gardner v.TEC Syst., Inc., 725 F.2d 1338, 220 USPQ 777. In the instant case the prior art device would not perform differently if modified to the claimed dimensions. Therefore the claimed limitations are considered met.
Regarding claim 5, Enquist does not disclose “wherein the second portion of each of the first and second pads comprises a material having a [111] direction”. Applicant is advised that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only ordinary skill in the art. In re Aller, 105 USPQ 233. In the instant case the prior art device would not perform differently if modified to the claimed dimensions (direction [111]). Therefore the claimed limitations are considered met.
Regarding claim 12, Enquist does not disclose “wherein, in each of the first and second pads, a grain size of the first portion is larger than a grain size of the second portion and wherein the second portion of each of the first and second pads comprises a material having a [111] direction”.
However, It has been held where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device. In Gardner v.TEC Syst., Inc., 725 F.2d 1338, 220 USPQ 777. In the instant case the prior art device would not perform differently if modified to the claimed dimensions. Therefore the claimed limitations are considered met.
Further, Applicant is advised that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only ordinary skill in the art. In re Aller, 105 USPQ 233. In the instant case the prior art device would not perform differently if modified to the claimed dimensions (direction [111]). Therefore the claimed limitations are considered met.
Regarding claim 20, Enquist does not disclose “20. The method of claim 14, wherein the performing of the selective deposition process to form the second portion comprises forming a material of the second portion in a [111] direction”.
Applicant is advised that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only ordinary skill in the art. In re Aller, 105 USPQ 233. In the instant case the prior art device would not perform differently if modified to the claimed dimensions (direction [111]). Therefore the claimed limitations are considered met.
Allowable Subject Matter
Claims 6, 8, 13 and 19 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Regarding claim 6, the prior art does not disclose “6. The semiconductor device of claim 1, wherein the second portion is omitted from one of the first and second pads” in combination with the remaining claimed features.
Regarding claims 8 and 13, the prior art does not disclose “a protection layer between the first insulating layer and the second insulating layer” in combination with the remaining claimed features.
Regarding claim 19, the prior art does not disclose “further comprising forming a protection layer on the first insulating layer, before the forming of the first recess portion” in combination with the remaining claimed features.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WILLIAM A HARRISTON whose telephone number is (571)270-3897. The examiner can normally be reached Mon-Fri, 9AM-5PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Dale Page can be reached at 571 270 7877. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/WILLIAM A HARRISTON/Primary Examiner, Art Unit 2899