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 .
Election/Restrictions
Applicant election of group II, Claims 12-15, with traverses acknowledged. Applicant asserts that “It is respectfully submitted that it should be no undue burden on the Examiner to consider all claims in the single application. The Examiner, in order to establish reasons for insisting upon restriction, must explain why there would be a serious burden on the Examiner. The present Office Action, however, has not adequately explained why the examination of all claims would impose an undue burden on the Examiner.” According
Restriction for examination purposes as indicated is proper because all the inventions listed in this action are independent or distinct since the device of Claim 12 can be made by a material different process using a single liner instead of first and second liners having a specific liner seal an air gap is formed between the specific liner and the liner structure instead of forming a sealing material at an opening of the space to form an air gap between each bit line structure and the second liner. and there would be a serious search and/or examination burden particularly the following reasons apply:
The inventions acquire different classification subgroups.
The inventions, hence claim 1 and claim 12 require different search queries.
Therefore, the restriction requirement is maintained.
Remarks
Applicant is reminded of his duty to disclose, to best serve the public interest, all information material to patentability of the claimed invention. Each individual associated with the filing and prosecution of a patent application has a duty to disclose to the Office all information known to that individual to be material to patentability as defined in 37 CFR § 1.56.
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.
Claims 12-15 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.
In the instant case, Claim 12 discloses “a specific liner disposed between the bit line structures and the liner structure, wherein an air gap is formed between the specific liner and the liner structure”. It is not clear in what way the liner is specific. Is it made of “specific” material, in “specific” process, or have specific details. The plain meaning of “specific” means precise, however, describing the liner by being specific does not provide to one of ordinary skill in the art, the metes and bound of the claimed invention. Although the disclosure describes the specific liner as the remaining portion first liner 31, the claim is not clear as to what specific lines can be construed as which type liner is being referring to. Although the claims are interpreted in light of the disclosure based on the broad reasonable interpretation, it is impermissible to import limitations from the disclosure into claims. Furthermore, the claims must stand on their own and convey to one of ordinary skill in the art what applicant invention is and the mete and bound limiting the claimed invention. Examiner will consider any liner functions in the same way as the claim, wherein an air gap is formed between two liner structures, one of these two liners will represent a “specific liner”, while the other will be represent a liner.
Application correction is required.
Claims 15 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 15 recites the limitation "the first sealing material and the second sealing material" in line 2 There is insufficient antecedent basis for this limitation in the claim.
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.
(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) 12-14 is/are rejected under 35 U.S.C. 102(a)(1) as being (a)(1) by anticipated by LEE (US 2022/0271039), (hereinafter, LEE).
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RE Claim 12, LEE discloses in FIG. 1-16 a semiconductor structure and a forming method of forming the same. LEE discloses in FIG. 16, referring to the annotated version above, a semiconductor structure, comprising:
a substrate 21;
bit line structures 22 disposed on the substrate;
a liner structure 23/25 disposed on the bit line structures 22; and
a specific liner 24 “sacrificial spacer” disposed between the bit line 22 structures and the liner structure 23/25, wherein an air gap bottom/top gaps 291/292 is formed between the specific liner 24 and the liner structure 23/25.
RE Claim 13, LEE discloses a semiconductor structure, wherein the liner structure comprises a first sealing material 28 disposed on each of the bit line structures 22 and a second sealing material 26/27 disposed between two adjacent bit line structures 22, referring to FIGS. 15 and 16. Examiner notes that a bottom portion 26 and contact portion 26 are functionally equivalent to a second seal material between two adjacent bit ;ine structures 22, as shown in the annotated FIG. 16 above.
RE Claim 14, LEE discloses a semiconductor structure, wherein the air gap comprises a first air gap “top gap” and a second air gap “bottom gap” above and below the specific liner 24 respectively, referring to FIG. 16 [0065-0069].
Claim(s) 12, 13 and 15 is/are rejected under 35 U.S.C. 102(a)(1) as being (a)(1) by anticipated by LEE et al. (US 2016/0172304), (hereinafter, LEE).
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RE Claim 12, LEE disclose in FIGS. 2K, and 4 a semiconductor structure, with FIG. 2K annotated above, comprising:
a substrate 21;
bit line structures 22 disposed on the substrate 21;
a liner structure 25 disposed on the bit line structures 22; and
a specific liner 30 disposed between the bit line structures 22 and the liner structure 25, wherein an air gap 29 is formed between the specific liner 30 and the liner structure 25.
RE Claim 13, LEE disclose a semiconductor structure, wherein the liner structure 25 comprises a first sealing material 31 disposed on each of the bit line 22 structures and a second sealing material 25 disposed between two adjacent bit line structures 22. Examiner notes that the lateral part of the liner structure 25 is functionally equivalent to the second sealing material since it seals the bottom portion of the air gap 29, hence meeting the claimed limitation.
RE Claim 15, LEE disclose a semiconductor structure, wherein materials of the first sealing material 31 “silicon nitride” [0047] and the second sealing material 25 “silicon nitride or silicon oxide” [0035] comprises a material with a low dielectric constant.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to YASSER ABDELAZIEZ whose telephone number is (571)270-5783. The examiner can normally be reached Monday - Friday 9 am - 6 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ajay Ojha can be reached at (571)272-8936. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/YASSER A ABDELAZIEZ, PhD/Primary Examiner, Art Unit 2898