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 Amendment
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 1 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.
Amended Claim 1 recites “the first gap being laterally bounded by the dielectric layer and the first gap located between the side wall of the source/drain plug and the dielectric layer being isolated from the gate structure by the dielectric layer”. This added wording may be interpreted as wherein “the first gap being laterally bounded by the dielectric layer and the first gap located between the side wall of the source/drain plug”; and wherein “the dielectric layer being isolated from the gate structure by the dielectric layer”. Or, it may be interpreted as wherein “the first gap being laterally bounded by the dielectric layer”; and wherein “the first gap located between the side wall of the source/drain plug and the dielectric layer” is “being isolated from the gate structure by the dielectric layer”. Alternatively, it may be interpreted as wherein “the first gap being laterally bounded by the dielectric layer”; and wherein “the first gap located between the side wall of the source/drain plug” and “the dielectric layer” are both “being isolated from the gate structure by the dielectric layer”. It may even be interpreted as “the first gap being laterally bounded by the dielectric layer and the first gap located between the side wall of the source/drain plug” plus “the dielectric layer” are both “being isolated from the gate structure by the dielectric layer”. Therefore, the scope and interpretation of Claim 1 is unclear.
An example of wording that would likely be allowable is:
“, the first gap is ;
wherein the first gap located between the side wall of the source/drain plug and the dielectric layer is
Appropriate correction is required.
Claims 2-5 include all of the limitations of Claim 1. Therefore, they are unclear for the same reasons as described supra because they do not correct that ambiguity.
Allowable Subject Matter
No prior art rejection is applied to Claim 1. Therefore, Claim 1 would likely be allowable if rewritten or amended to overcome the rejections under 35 U.S.C. 112(b), described supra in this Office action.
Claims 2-5 are likely allowable for depending on Claim 1.
Response to Arguments
In the amendments and arguments filed 2/26/2026, the Applicant states (page 9) that amended independent Claim 1 is patentable over the combination of Cheng and Tang.
The amendments to Claim 1 has necessitated an updated rejection of Claim 1. Claim 1 is now rejected under 35 U.S.C. 112(b), as described supra in this Office action. Dependent Claims 2-5 are rejected because they include all of the limitations of Claim 1.
Further, claims 6-20 remain pending, but are withdrawn as being directed to a nonelected invention (see Applicant’s response with a mail date of November 17, 2025), these claims should be canceled in the following amendment to expedite allowance upon the correction of claim 1 above.
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.
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/R.K./Examiner, Art Unit 2818
/JEFF W NATALINI/Supervisory Patent Examiner, Art Unit 2818