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 .
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 18-21 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 claim(s) contains 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(s), at the time the application was filed, had possession of the claimed invention.
Regarding claim 18, the limitations “a semiconductor feature directly under the second S/D epitaxial feature, wherein a bottom surface of the semiconductor feature is below a top surface of the conductive feature” 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. Although Fig 17A-17C and Fig 25A-25C discloses the semiconductor feature 242 under the S/D epitaxial feature 246, the bottom surface of the semiconductor feature 242 is not below the conductive feature.
Claims 19-21 are also rejected as being dependent on claim 18.
Allowable Subject Matter
Claims 1, 3-17 are allowed over the prior art of record.
The following is a statement of reasons for the indication of allowable subject matter: After further search and consideration of Applicant’s response, it is determined that the prior art of record neither anticipates nor renders obvious the claimed subject matter of the instant application as a whole either taken alone or in combination, in particular, prior art of record does not teach or suggest “depositing a capping layer interfacing with a top surface of the sacrificial feature and a top surface of the isolation feature; after the depositing of the capping layer, forming an epitaxial feature over the sacrificial feature and the capping layer; exposing a bottom surface of the sacrificial feature”, as recited in independent claim 1; “depositing an isolation feature on sidewalls of the fin; recessing the fin in a source/drain (S/D) region from the frontside of the structure, thereby exposing a top surface of the substrate; epitaxially growing a semiconductor feature from the top surface of the substrate; depositing a dielectric layer, wherein the dielectric layer covers a top surface of the semiconductor feature and a top surface of the isolation feature; forming an S/D epitaxial feature above the semiconductor feature, wherein the dielectric layer interposes the semiconductor feature and the S/D epitaxial feature; thinning down the structure from the backside of the structure until the semiconductor feature is exposed” as recited by claim 11.
Claims 3-10, 12-17 are also allowed as being directly or indirectly dependent of the allowed independent base claims.
Response to Arguments
Applicant’s arguments with respect to claims 1-20 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 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTINE A ENAD whose telephone number is (571)270-7891. The examiner can normally be reached Monday-Friday, 7:30 am -4:30 pm.
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/CHRISTINE A ENAD/Primary Examiner, Art Unit 2811