DETAILED ACTION
Election/Restrictions - TRAVERSE
A restriction requirement was mailed on 11/19/25.
Applicant's election with traverse of species A in the reply filed on 1/9/26 is acknowledged. The traversal is on the ground(s) that “the office has failed to articulate facts sufficient to demonstrate that the asserted groups and species are distinct and lack the same or corresponding special technical features.”. This is not found persuasive because there is no requirement for the species to “lack the same or corresponding technical features”, which sounds as if it is discussing unity of invention under 371 applications. This is not a 371 application. The restriction requirement set forth the facts and rationale for the distinctness in section 2 of the restriction requirement.
The requirement is still deemed proper and is therefore made FINAL. Claims 8-15 are withdrawn.
Claim Objections
Claim 2 is objected to because “… a first patterned mask layer…” lacks proper antecedent basis and should be changed to “… the first patterned mask layer…”
Claim 3 is objected to because “… a plurality of second mask structures…” lacks proper antecedent basis and should be changed to “… the plurality of second mask structures…”
Claim 3 is objected to because “… a second direction…” lacks proper antecedent basis and should be changed to “… the second direction…”
Claim 5 is objected to because “… a mesh-shaped mask layer…” lacks proper antecedent basis and should be changed to “… the mesh-shaped mask layer…”
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(s) 1-7 is/are 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 1 recites “… the first mask structures are arranged at intervals; … the second mask structures are arranged at intervals”…The metes and bounds of the claimed limitation can not be determined for the following reasons: the second instance of “intervals” refers to the same language used in the first instance of “intervals”, not using “the” or “a” or “first” or “second, and thus lack proper antecedent basis. It is unclear if the intervals of the second mask structures refer to the same intervals as the intervals of the first mask structures. Claims 2-7 depend from claim 1 and inherit its deficiencies.
Claim 1 recites “… the first patterned mask layer comprises a plurality of first mask structures extending along a first direction… etching the first dielectric layer to form a plurality of second mask structures extending along a second direction… selectively etching the first mask structure and the second mask structure, to form a mesh-shaped mask layer.”
The metes and bounds of the claimed limitation can not be determined for the following reasons: the limitation “selectively etching the first mask structure and the second mask structure…” refers to “the first mask structure” and to “the second mask structure”, which lack proper antecedent basis, given the previous recitation of “a plurality of first mask structures” and the previous recitation of “a plurality of second mask structures”. This makes it unclear what structures must be selectively etched: whether it is some of, all of, or none of the mask structures of the plurality of first mask structures and whether it is some of, all of, or none of the mask structures of the plurality of second mask structures. Claims 2-7 depend from claim 1 and inherit its deficiencies.
Claim 2 recites “… the first straight line masks are arranged at intervals…” The metes and bounds of the claimed limitation can not be determined for the following reasons: the instance of “intervals” in claim 2 refers to the same language used in claim 1, while not using “the” or “a” or “first” or “second, and thus lack proper antecedent basis. It is unclear if the intervals of claim 2 refer to the same intervals as the intervals one, both, or neither instances of “intervals” in claim 1.
Claim 3 recites “… the second straight line masks are arranged at intervals…” The metes and bounds of the claimed limitation can not be determined for the following reasons: the instance of “intervals” in claim 3 refers to the same language used in claim 1, while not using “the” or “a” or “first” or “second, and thus lack proper antecedent basis. It is unclear if the intervals of claim 2 refer to the same intervals as the intervals one, both, or neither instances of “intervals” in claim 1.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102, some of which 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-5 and 7 is/are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by US 2021/0375632 A1 (“Lee”).
Lee teaches, for example:
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Lee teaches:
1. A patterning method (see top views in Figs. 2A-2I; see side views along line A1-A1’ in the “A” figures of Figs. 4A-11A; see side views along line A2-A2’ of the “B” figures of Figs. 4B-11B; see side views along line A3-A3’ of the “C” figures of Figs. 4C-11C; see side views along line A4-A4’ of the “D” figures of Figs. 4D-11D),
comprising:
providing a base (e.g. “substrate 101”, and/or “etch target material 102”, see e.g. para 27);
forming a first patterned mask layer (see e.g. “spaced apart parallel first lines 103L”), wherein the first patterned mask layer comprises a plurality of first mask structures extending along a first direction (extending along direction D1, see e.g. Fig. 2C), and the first mask structures are arranged at intervals (see e.g. Fig. 2C);
forming a first dielectric layer (see e.g. “second mask material 108” and/or “second photoresist patterns 109”, see e.g. para 44-45) on the first patterned mask layer, wherein the first dielectric layer fills up a spacing region between the first mask structures and covers an upper surface of the first patterned mask layer (see e.g. Figs. 2D, 6A-6D); and
etching the first dielectric layer to form a plurality of second mask structures (e.g. “second lines 107L”, see e.g. para 48) extending along a second direction (D2, see e.g. Fig. 2E), wherein the second mask structures are arranged at intervals (see e.g. Fig. 2E), and the second direction intersects with the first direction (D1 and D2 are perpendicular to each other); and
selectively etching the first mask structure and the second mask structure, to form a mesh-shaped mask layer (see e.g. Figs. 2E-2I for the etching processes, see e.g. Figs. 2H and 2I for the mesh-shaped mask layer; see e.g. “mesh structure” in para 60, see e.g. para 62-64).
2. The patterning method according to claim 1, wherein the forming a first patterned mask layer comprises:
forming a first mask layer (e.g. 102, 103, 104, and/or 105);
providing a first mask (e.g. 105 and/or 106), wherein the first mask comprises a plurality of first straight line masks extending along the first direction (see e.g. 106 in Fig. 2A along direction D1), and the first straight line masks are arranged at intervals (see e.g. Fig. 2A); and
aligning the first mask with the first mask layer by using a self-aligned process (the application provides no criteria as what is required for the “self-aligned process”, and para 32 suggests formation of the patterns onto the first mask material 105 could be in any desired orientation, and is hence “self-aligned”), and
removing the first mask layer outside a shielding region of the first mask, to form the first patterned mask layer comprising the first mask structure (see e.g. Figs. 2B, Figs. 3A-4D, and para 35-37).
3. The patterning method according to claim 1, wherein the etching the first dielectric layer, to form a plurality of second mask structures extending along a second direction comprises: providing a second mask (e.g. “second photoresist patterns 109”, see e.g. para 45), wherein the second mask comprises a plurality of second straight line masks extending along the second direction (see e.g. Fig. 2D), and the second straight line masks are arranged at intervals (see e.g. Fig. 2D); and
aligning the second mask with the first dielectric layer by using a self-aligned process (the application provides no criteria as what is required for the “self-aligned process”, and para 45 suggests formation of the patterns onto the second mask material 109 could be in any desired orientation, and is hence “self-aligned”), and
removing the first dielectric layer outside a shielding region of the second mask, to form the second mask structure (see e.g. Figs. 2D-2E, see e.g. para 45-50),
wherein a spacing region between the second mask structures exposes the first patterned mask layer and the base (see e.g. wherein 101 and/or 102 are exposed in only certain areas of e.g. Figs. 10A-10D, 11A-11D, and/or Figs. 2H and 2I).
4. The patterning method according to claim 2, wherein at least one of a density of the first mask structures or a density of the second mask structures is multiplied by using a self-aligned double patterning process or a self-aligned quadruple patterning process (see e.g. para 62).
5. The patterning method according to claim 3, wherein the selectively etching the first mask structure and the second mask structure, to form a mesh-shaped mask layer comprises:
forming a second dielectric layer (see e.g. 107, Figs. 5A-5D),
wherein the second dielectric layer fills up the spacing region between the second mask structures and covers an upper surface of the second mask structure (see e.g. para 40);
etching the second dielectric layer until the upper surface of the second mask structure is exposed (see e.g. para 40, 48, see e.g. Figs. 2E, Figs. 7A-7D, etc.);
selectively etching the second mask structure until an upper surface of the first mask structure is exposed (see e.g. para 48-64, see e.g. Figs. 2E-2I, Figs. 7A-11D, etc.);
selectively etching an exposed portion of the first mask structure (see e.g. para 48-64, see e.g. Figs. 2E-2I, Figs. 7A-11D, etc.); and
removing a remaining part of the second dielectric layer to form the mesh-shaped mask layer (see e.g. para 48-64, see e.g. Figs. 2E-2I, Figs. 7A-11D, etc.).
7. The patterning method according to claim 1, wherein
a width of a spacing between the first mask structures is equal to a width of the first mask structure (see e.g. Figs. 2A and 2B); and
a width of a spacing between the second mask structures is equal to a width of the second mask structure (see e.g. Figs. 2D and 2E).
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 of this title, 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) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lee.
Lee teaches claims 1 and 5, as discussed above, but does not explicitly teach: wherein the first patterned mask layer comprises a silicon nitride layer, the first dielectric layer comprises a carbon layer, and the second dielectric layer comprises a silicon oxide layer.
Applicant has not disclosed that the claimed materials are for a particular unobvious purpose, produces an unexpected result, or is otherwise critical, which are criteria that have been held to be necessary for material limitations to be prima facie unobvious. The claimed material is considered to be a "preferred" or "optimum" material out of a plurality of well known materials that a person of ordinary skill in the art at the time the invention was made would have found obvious to provide to the invention of the cited prior art reference, using routine experimentation and optimization of the invention. In re Leshin, 125 USPQ 416 (CCPA 1960).
It has been established that “the [obviousness] analysis need not seek out precise teachings directed to the specific subject matter of the challenged claim” because the Office or “a court can take account of the inferences and creative steps that a person of ordinary skill in the art would employ.” KSR Int’ Co. v. Teleflex Inc., 550 U.S. 398, 418 (2007). It is also well settled that a reference stands for all of the specific teachings thereof as well as the inferences one of ordinary skill in the art would have reasonably been expected to draw therefrom. See In re Fritch, 972 F.2d 1260, 1264-65 (Fed. Cir. 1992).
Lee teaches that the materials of the etch target may be silicon oxide, silicon nitride, polysilicon, metals (see e.g. para 27), that the first hard mask 103 may be e.g. silicon oxide (see e.g. para 28), that there must be a difference of materials in order for an etch selectivity (see e.g. para 29), that the material 104 may be e.g. oxide, nitride, carbon, etc. (see e.g. para 30), that the mask 105 may be e.g. silicon oxynitride (see e.g. para 31), that the material of 107 may be e.g. spin-on-carbon (see e.g. para 41), the material of 108 may be e.g. silicon oxynitride (see e.g. para 44), and that the material of 109 may be e.g. photoresist (see e.g. para 45). The materials used for the layers include those claimed (silicon nitride, silicon oxide, and carbon) in different orders. It is within the skill of one of ordinary skill in the art to rearrange the order of the various materials to arrive at the claimed materials of the claimed layers in order, since each material still has an etch selectivity between itself and the other materials.
Conclusion
Conclusion / Prior Art
The prior art made of record, because it is considered pertinent to applicant's disclosure, but which is not relied upon specifically in the rejections above, is listed on the Notice of References Cited.
Conclusion / Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Kevin Parendo who can be contacted by phone at (571) 270-5030 or by direct fax at (571) 270-6030. The examiner can normally be reached Monday-Friday from 9 am to 4 pm ET.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Billy Kraig, can be reached at (571) 272-8660. The fax number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Kevin Parendo/Primary Examiner, Art Unit 2896