DETAILED ACTION
This Office Action is in response to Amendment filed June 18, 2026.
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Election/Restrictions
Amended claim 3 directed to an invention that is independent or distinct from the invention previously claimed for the following reasons: Applicant filed an amended claims 8 and 13 reciting that “the mask remains in place during formation of the metal layer” on January 14, 2026, and the amended claim 3 filed June 18, 2026 recites that “the mask is removed prior to formation of the metal layer”, which is contradictory to the previously presented claims 8 and 13. Since Applicant has received an action on the merits for the previously presented invention, this invention has been constructively elected by previous presentation for prosecution on the merits. Accordingly, claim 3 is withdrawn from consideration as being directed to a non-elected invention. See 37 CFR 1.142(b) and MPEP § 821.03.
To preserve a right to petition, the reply to this action must distinctly and specifically point out supposed errors in the restriction requirement. Otherwise, the election shall be treated as a final election without traverse. Traversal must be timely. Failure to timely traverse the requirement will result in the loss of right to petition under 37 CFR 1.144. If claims are subsequently added, applicant must indicate which of the subsequently added claims are readable upon the elected invention.
Should applicant traverse on the ground that the inventions are not patentably distinct, applicant should submit evidence or identify such evidence now of record showing the inventions to be obvious variants or clearly admit on the record that this is the case. In either instance, if the examiner finds one of the inventions unpatentable over the prior art, the evidence or admission may be used in a rejection under 35 U.S.C. 103 or pre-AIA 35 U.S.C. 103(a) of the other invention.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the step of “depositing a contact transition layer of hafnium nitride (HfN) only on a semiconductor material on which the ohmic contact is to be formed for the semiconductor structure” recited on lines 3-5 of the amended claim 1, the step of “depositing the contact transition layer only on surfaces of the at least one recess of the semiconductor material” recited on lines 4-5 of claim 2, and the step of “depositing a contact transition layer only on surfaces of the at least one recess” recited on line 5 of claim 12 must be shown or the features canceled from the claim, because (a) as discussed below under 35 USC 112(a) rejections, Applicants did not originally disclose such steps, and (b) even in Applicant’s drawing of Fig. 4 of current application, the contact transition layer 402 is deposited on sidewalls of the mask 302, which has nothing to do with the claimed ohmic contact. No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-16 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claims contain subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor, at the time the application was filed, had possession of the claimed invention.
(1) Regarding claim 1, Applicant did not originally disclose the step of “depositing a contact transition layer of hafnium nitride (HfN) only on a semiconductor material on which the ohmic contact is to be formed for the semiconductor structure” recited on lines 3-5, because (a) as can be clearly seen and indicated by the two arrows illustrated below, Applicant originally disclosed a step of depositing a contact transition layer 402 on sidewalls of the mask 302 that has nothing to do with the ohmic contact of the semiconductor structure, and
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(b) in other words, the newly added limitation cited above suggests that the contact transition layer 402 does not contact the sidewalls of the mask 302, which Applicant did not originally disclose.
(2) Also regarding claim 1, Applicant did not originally disclose the step of “depositing a contact transition layer of hafnium nitride (HfN) only on a semiconductor material on which the ohmic contact is to be formed for the semiconductor structure using a physical vapor deposition (PVD) process” recited on lines 3-5, because (a) Applicant did not originally disclose in any specificity on where the contact transition layer 402 shown in Fig. 4 of current application is deposited, (b) this newly added limitation appears to be solely based on the schematic illustration of Fig. 4 where the contact transition layer 402 does not appear to be deposited on the mask 302, (c) however, Fig. 4 of current application is for an illustration purpose only rather than describing what would occur during the deposition of the contact transition layer 402, especially when the claimed “physical vapor deposition (PVD) process” is not a selective deposition process, (d) therefore, the actual contact transiton layer should look like the (substantially) conformal layer as illustrated below rather than no contact transition layer material being deposited on the mask 302, and
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(e) the limitation cited above also appears to be noncompliant with the Enablement Requirement since Applicant did not provide any enabling disclosure in the orignal disclosure on how not a single Hf and N atoms constituting the HfN is deposited on the mask 302 by the claimed PVD process when in reality atoms deposited by a PVD process would be blanket-deposited onto an underlying structure.
(3) Further regarding claim 1, Applicant did not originally disclose the step of “depositing a contact transition layer of hafnium nitride (HfN) only on a semiconductor material on which the ohmic contact is to be formed for the semiconductor structure” recited on lines 3-5, because (a) Applicant originally disclosed in paragraph [0028] of current application that “The semiconductor material layer 204 represents one or more material layers of the semiconductor structure 212 and is depicted as a single layer only for the sake of brevity in discussing the method 100 (emphasis added)” describing Fig. 2 of current application, (b) however, for the current channel 210 to be formed as shown in Fig. 4 of current application, there should inherently be a plurality of semiconductor materials contained in the semiconductor structure 212 since otherwise the entire region between the contact transition layer 402 on the left side and the contact transition layer 402 on the right side illustrated as a rectangular area below would be able to function as a current channel contrary to the smaller, dotted rectangular area in Fig. 4 of current application being a current channel,
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(c) furthermore, if the contact transition layer 402 is deposited only on the semiconductor material on which the ohmic contact is to be formed for the semiconductor struture as recited on lines 3-5, the top portions of the semiconductor struture 212 above the current channel 210 on both sides of the mask 302 should also be in ohmic contact with the metal layer 502 such as a source or a drain as disclsoed in paragraph [0032] of current application, and then an actual channel would most likely to be formed as illustrated below indicated by the thick line since it corresponds to the shortest distance between the metal layer 502 on the left side and the metal layer 502 on the right side rather than the dotted rectangular area in Fig. 5 of current application, and
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(d) therefore, rather than “a contact transition layer of hafnium nitride (HfN)” is deposited “only on a semiconductor material on which the ohmic contact is to be formed for the semiconductor structure” as recited on lines 3-5, the contact transition layer 402 should be deposited on a plurality of semiconductor layers, and the contact transition layer 402 should form an ohmic contact with only one of the plurality of semiconductor materials.
Claims 2-11 depend on claim 1, and therefore, claims 2-11 also fail to comply with the written description requirement.
(4) Regarding claim 2, Applicant did not originally disclose the step of “depositing the contact transition layer only on surfaces of the at least one recess of the semiconductor material” recited on lines 4-5, because the contact transition layer 402 shown in Fig. 4 of current application would also be deposited on the mask 302 and the reveal 304 as discussed above.
(5) Further regarding claim 2, Applicant did not originally disclose the step of “depositing the contact transition layer only on surfaces of the at least one recess of the semiconductor material” recited on lines 4-5, because (a) this newly added limitation is solely based on the schematic illustration of Fig. 4 of current application rather than Applicant’s original disclosure as such, (b) as illustrated below, when the contact transition layer 402 is deposited by the PVD process recited on line 5 of claim 1, the contact transition layer 402 would be blanket-deposited on the underlying intermediate device structure including the sidewalls of the semiconductor material layer 204 and even the substrate 202 without any mechanism to cover the sidewalls of the semiconductor material layer 204 and the substrate 202, and
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(c) therefore, the newly added limitation “depositing the contact transition layer only on surfaces of the at least one recess of the semiconductor material” recited on lines 4-5 fails to comply with the written description requirement since (i) Applicant did not originally disclose where the contact transition layer 402 is deposited, and (ii) the newly added limitation cited above appears to be derived from Applicant’s misunderstanding, misinterpretation and/or misrepresentation of Fig. 4 of current application as being the entire semiconductor structure when it appears that Fig. 4 of current application is merely a truncated illustration of the entire semiconductor structure.
Claim 4 depends on claim 2, and therefore, claim 4 also fails to comply with the written description requirement.
(6) Regarding claim 12, Applicant did not originally disclose the step of “depositing a contact transition layer only on surfaces of the at least one recess (emphasis added)” recited on line 5, because the contact transition layer 402 shown in Fig. 4 of current application would also be deposited on the mask 302 and the reveal 304 as discussed above with regard to claim 1.
(7) Further regarding claim 12, Applicant did not originally disclose the step of “depositing a contact transition layer only on surfaces of the at least one recess” recited on line 5, because (a) this newly added limitation is solely based on the schematic illustration of Fig. 4 of current application rather than Applicant’s original disclosure as such, (b) as illustrated below, when the contact transition layer 402 is deposited by the PVD process recited on line 5 of claim 1, the contact transition layer 402 would be blanket-deposited on the underlying intermediate device structure including the sidewalls of the semiconductor material layer 204 and even the substrate 202 without any mechanism to cover the sidewalls of the semiconductor material layer 204 and the substrate 202, and
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(c) therefore, the newly added limitation “depositing a contact transition layer only on surfaces of the at least one recess” recited on line 5 fails to comply with the written description requirement since (i) Applicant did not originally disclose where the contact transition layer 402 is deposited, and (ii) the newly added limitation cited above appears to be derived from Applicant’s misunderstanding, misinterpretation and/or misrepresentation of Fig. 4 of current application as being the entire semiconductor structure when it appears that Fig. 4 of current application is merely a truncated illustration of the entire semiconductor structure.
Claims 13-16 depend on claim 12, and therefore, claims 13-16 also fail to comply with the written description requirement.
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.
Claims 1-11 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. Regarding claims 1 and 2, it is not clear what “a semiconductor material” recited on lines 3-4 of claim 1 refers to, because (a) while “a semiconductor material” per se can be broadly interpreted, Applicant does not claim “a semiconductor material” per se, but rather claim that “a contact transition layer of hafnium nitride (HfN)” is deposited “only on a semiconductor material on which the ohmic contact is to be formed”, (b) therefore, “a semiconductor material” recited on lines 3-4 of claim 1 should refer to a semiconductor layer or a semiconductor structure rather than literally “a semiconductor material”, (c) also, if arguendo “a semiconductor material” refers to a material of a semiconductor rather than a semiconductor layer or a semiconductor structure, the limitation “a semiconductor material on which the ohmic contact is to be formed” recited on lines 3-4 would be indefinite since (i) even for a single semiconductor material, whether an ohmic contact is formed or not depends on numerous parameters such as (i) a surface orientation of the semiconductor material, (ii) a surface roughness of the semiconductor material, (iii) whether a heat treatment is performed for the semiconductor material and the contact transition layer, (iv) a doping concentration of the semiconductor material, etc., but Applicant does not claim any of these parameters, (d) however, Applicant further claims that “at least one recess” is formed “in the semiconductor material of the semiconductor structure prior to depositing the contact transition layer” on lines 2-3 of claim 2, which suggests that “the semiconductor material” is not a semiconductor layer or a semiconductor structure since otherwise one cannot form “the ohmic contact” on “a semiconductor material” as recited on lines 3-4 of claim 1, and then “at least one recess” is formed “in the semiconductor material of the semiconductor structure” as recited on lines 2-3 of claim 2, (e) in other words, “a semiconductor material on which the ohmic contact is to be formed for the semiconductor structure” recited on lines 3-5 of claim 1 should already comprise “at least one recess” recited in claim 2 rather than “at least one recess” being formed “in the semiconductor material of the semiconductor structure”, and (f) therefore, it is not clear what “a semiconductor material” recited on lines 3-4 of claim 1 refers to, and it appears that “the semiconductor material” recited on line 2 of claim 2 lacks antecedent basis. Claims 2-11 depend on claim 1, and claim 4 depends on claim 2, and therefore, claims 2-11 are also indefinite.
Response to Arguments
Applicants’ arguments with respect to claims 1 and 12 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.
Conclusion
Applicant's amendment necessitated the new grounds 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 JAY C KIM whose telephone number is (571) 270-1620. The examiner can normally be reached 8:00 AM - 6:00 PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joshua Benitez can be reached at (571) 270-1435. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JAY C KIM/Primary Examiner, Art Unit 2815
/J. K./Primary Examiner, Art Unit 2815 July 27, 2026
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