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 .
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
Election/Restrictions
Applicant’s election of claims 1-7 and 17-20 in the reply filed on 2/4/2026 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.03(a)).
Claim(s) 8-16 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species and device/method claim, there being no allowable generic or linking claim.
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 2 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 pre-AIA the applicant regards as the invention.
Regarding claim 2, the limitation “wherein the lower portion is provided at the upper end of each of the pillar-shaped bottom electrodes” creates ambiguity because each of the plurality of pillar-shaped bottom electrodes has at least an upper portion and a lower portion (see claim 1) and in view of that it is not clear what does “wherein the lower portion is provided at the upper end of each of the pillar-shaped bottom electrodes” mean. Clear explanation or claim modification is required as the office could not make sense of what is being claimed.
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 1, 4, and 6-7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Huang et al. (US publication 2017/0170224 A1), hereinafter referred to as Huang224.
Regarding claim 1, Huang224 teaches an apparatus (fig. 14 and related text) comprising: a substrate (200, [0074]); a plurality of pillar-shaped bottom electrodes (110, [0056]) provided over the substrate (fig. 14); and an upper electrode (105, [0039]) covering side and top surfaces of the plurality of pillar-shaped bottom electrodes (fig. 14) with an intervening capacitor insulating film (106, [0051]) therebetween; wherein each of the plurality of pillar-shaped bottom electrodes has at least an upper portion (top) and a lower portion (bottom), and wherein the diameter of the upper portion is smaller the diameter of the lower portion (fig. 14).
Regarding claim 4, Huang224 teaches wherein the pillar-shaped bottom electrodes are supported by a beam provided between the pillar-shaped bottom electrodes (fig. 14).
Regarding claim 6, Huang224 teaches wherein the pillar-shaped bottom electrodes, the capacitor insulating film, and the upper electrode form a capacitor ([0056-0058]).
Regarding claim 7, Huang224 teaches wherein the pillar-shaped bottom electrodes include a conductive material ([0057]).
Claim 1, 3, and 5-7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hoshizaki (US publication 2017/0287916 A1), hereinafter referred to as Hoshizaki.
Regarding claim 1, Hoshizaki teaches an apparatus (fig. 5 and related text) comprising: a substrate (SUB, [0045]); a plurality of pillar-shaped bottom electrodes (LE, [0069]) provided over the substrate (fig. 5); and an upper electrode (UE, [0068]) covering side and top surfaces of the plurality of pillar-shaped bottom electrodes (fig. 5) with an intervening capacitor insulating film (CI, [0068]) therebetween; wherein each of the plurality of pillar-shaped bottom electrodes has at least an upper portion (top) and a lower portion (bottom), and wherein the diameter of the upper portion is smaller the diameter of the lower portion (fig. 5).
Regarding claim 3, Hoshizaki teaches wherein a step is provided at a boundary between the upper portion and the lower portion (fig. 5).
Regarding claim 5, Hoshizaki teaches wherein the pillar-shaped bottom electrodes are connected by a beam (ILD4, [0060]) in the upper portion (fig. 5).
Regarding claim 6, Hoshizaki teaches wherein the pillar-shaped bottom electrodes, the capacitor insulating film, and the upper electrode form a capacitor (fig. 5).
Regarding claim 7, Hoshizaki teaches wherein the pillar-shaped bottom electrodes include a conductive material ([0073]).
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)(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 1 and 17-20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Cho et al. (US publication 2021/0202490 A1), hereinafter referred to as Cho490.
Regarding claim 1, Cho490 teaches an apparatus (fig. 5 and related text) comprising: a substrate (10, [0020]); a plurality of pillar-shaped bottom electrodes (41b/81b, [0041]) provided over the substrate (fig. 5); and an upper electrode (101, [0031]) covering side and top surfaces of the plurality of pillar-shaped bottom electrodes (fig. 5) with an intervening capacitor insulating film (90, [0029]) therebetween; wherein each of the plurality of pillar-shaped bottom electrodes has at least an upper portion (an upper portion of 81b, fig. 5) and a lower portion (a lower portion of 41b, fig. 5), and wherein the diameter of the upper portion is smaller the diameter of the lower portion (fig. 5).
Regarding claim 17, Cho490 teaches an apparatus (fig. 5 and related text) comprising: a substrate (10, [0020]); a first insulating film (21, [0057], label shown in fig. 9-15) over the substrate; a second insulating film (31, [0027]) on the first insulating film; a third insulating film (23, [0057], label shown in fig. 9-15) on the second insulating film, wherein the third insulating film has a plurality of openings (fig. 5); a fourth insulating film (39, [0027]) on the third insulating film; a fifth insulating film (70, [0026]) on the fourth insulating film; a plurality of first holes (holes for 41b/81b, fig. 5) reaching from an upper surface of the fifth insulating film to a bottom surface of the first insulating film (fig. 5); and a plurality of pillar-shaped bottom electrodes (41b/81b, [0041]) in the plurality of first holes, wherein each of the plurality of pillar-shaped bottom electrodes has at least an upper portion (an upper portion of 81b, fig. 5) and a lower portion (a lower portion of 41b, fig. 5), and wherein the diameter of the upper portion is smaller the diameter of the lower portion (fig. 5).
Regarding claim 18, Cho490 teaches further comprising: an upper electrode (101, [0031]) covering side and top surfaces of the plurality of pillar-shaped bottom electrodes (fig. 5) with an intervening capacitor insulating film (90, [0029]) therebetween (fig. 5).
Regarding claim 19, Cho490 teaches further comprising a plurality of second holes penetrating the second insulating film, wherein the second insulating film is configured to support the plurality of pillar-shaped bottom electrodes (fig. 5).
Regarding claim 20, Cho490 teaches wherein the first insulating film and the third insulating film are made of a first material ([0057]), and wherein the second insulating film and the fourth insulating film are made of the same ([0057 and 0087]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Mohammed R Alam whose telephone number is 469-295-9205 and can normally be reached between 8:00am-6:00pm (M-F) or by e-mail via Mohammed.Alam1@uspto.gov.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jacob Choi can be reached on 469-295-9060. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MOHAMMED R ALAM/Primary Examiner, Art Unit 2897
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