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’s election of claims 1-18 without traverse in the reply filed on 03/11/2026 is acknowledged. Claims 19-20 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.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.
Claims 4, 8-10 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 4 recites “a second lateral offset distance (p-Δ)/2 - ¶ that is greater than 0 and is less than (p- Δ)/2” . It is unclear the intended meaning or description of the symbols Δ and ¶. For examination purpose examiner is interpreting (p-Δ)/2 - ¶ according to paragraph [0064] and FIG. 4E of the disclosure which defines (p-Δ)/2 - ¶ as the distance between VA1 and VA3 in terms of Δ and ¶.
Claim 8 recites, “wherein a first vertical plane passing through a geometrical center of a memory opening within an odd-numbered row of memory openings and passing through a geometrical center of a memory opening within a nearest-neighboring odd-numbered row of memory openings is at a first angle (π/3 - α) with respective to the first horizontal direction, wherein the first angle (π/3 - α) is less than π/3 and is greater than arctan(√3/(1.5))” . It is unclear what the symbol α meant in the expression. Examiner is interpreting (π/3 - α) from FIG. 4E of disclosure.
Claims 9-10 are rejected being dependent on claim 8.
Claim Rejections - 35 USC § 102
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.
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.
Claims 1-2 & 11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by MIZUTANI et al. (US 20190287989 A1)
Regarding claim 1, MIZUTANI teaches,
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A memory device (100b, FIG. 14), comprising:
an alternating stack of insulating layers (22, para [0026], FIG. 2A) and electrically conductive layers (21);
memory openings (MH, FIG. 2A) vertically extending through the alternating stack, wherein a smallest unit shape of three nearest neighbor memory openings is a non-equilateral triangle (see FIG. 14, para [0103], [0105], A “triangle” depicted on the X-Y plane by the first columnar portion CL1 to the third columnar portion CL3 is a scalene triangle, which is non-equilateral triangle);
and memory opening fill structures (columnar portion CL provided inside memory hole MH, para [0033], FIG. 2A-2B) located in the memory openings,
wherein each of the memory opening fill structures comprises a vertical semiconductor channel (semiconductor layer 210, FIGs. 2A-2B, para [0033], which serves as a channel, para [0035]) and a vertical stack of memory elements (memory film 220, FIG. 2A-2B, para [0033]).
Regarding claim 2, MIZUTANI teaches the memory device of claim 1 and further teaches, wherein the non-equilateral triangle comprises a scalene triangle (as rejected in claim 1 rejection above, the non-equilateral triangle is scalene triangle).
Regarding claim 11, MIZUTANI teaches the memory device of claim 1 and further teaches, wherein each of the memory openings has a respective circular horizontal cross-sectional shape (as seen in FIG. 14)
Claim Rejections - 35 USC § 103
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.
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 teaches d as set forth in section 102, 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.
Claims 3-7 are rejected under 35 U.S.C. 103 as being unpatentable over MIZUTANI et al. (US 2019/0287989 A1)
Regarding claim 3, MIZUTANI teaches the memory device of claim 1 and further teaches,
wherein: the memory openings are arranged as multiple rows (R0, Re, para[0104], FIG. 14) of memory openings;
each row of the multiple rows comprises a respective one-dimensional periodic array of memory openings having a uniform pitch p (P0, FIG. 14, para [0105]) along a first horizontal direction (X),
and the multiple rows are laterally spaced apart from each other along a second horizontal direction (Y) that is perpendicular to the first horizontal direction (X);
the multiple rows comprise, upon sequentially numbering with integers beginning with 1 along the second horizontal direction, odd-numbered rows (odd rows R0, Fig. 14) and even-numbered rows (even rows Re, Fig. 14), and
wherein, for each first vertical axis passing through a geometrical center of a respective memory opening in any odd-numbered row (Re, see below), a second vertical axis passing through a geometrical center of a most proximal memory opening within a most proximal odd-numbered row (closest R0 on left as marked below) laterally offset from the first vertical axis along the first horizontal direction (X) by a first lateral offset distance D (D1 as marked)
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but does not explicitly teach,
that is greater than 0 and is less than one half of the uniform pitch p (P1).
But MIZUTANI additionally teaches,
the semiconductor device 100b can be obtained, for example, by shifting the odd rows Ro and the even rows Re in the X axis direction by shifting “P0” different from the half (P1/2) of the pitch P1 between the columnar portions CL in the X axis direction (para [0106]).
Thus, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to shift the odd rows R0 and even rows Re in the X axis direction by shifting P0, with routine experiment and optimization, such that first offset distance D1 (as marked above) is greater than 0 and less than P1/2, according to teaching of Mizutani, since P0 is important in order to a gas containing a metal precursor can be further flowed in the space S (see FIG. 5B) via the gap between the second columnar portion CL2 and the third columnar portion CL3 (see MIZUTANI, para [0098] ,. In re Woodruff, 16 USPQ2d 1935, 1937 (Fed. Cir. 1990). See also In re Boesch, 205 USPQ 215 (CCPA) (discovery of optimum value of result effective variable in known process is ordinarily within skill of art) and In re Aller, 105 USPQ 233 (CCPA 1955) (selection of optimum ranges within prior art general conditions is obvious).
Regarding claim 4, MIZUTANI teaches the memory device of claim 3 and further teaches, wherein, for each first vertical axis passing through the geometrical center of the respective memory opening in any odd-numbered row, a third vertical axis passing through a geometrical center of a most proximal memory opening within a most proximal even-numbered row is laterally offset from the first vertical axis along the first horizontal direction by a second lateral offset distance (p-Δ)/2 - ¶ (distance D2 marked below as per FIG. 4E of disclosure as interpreted in 112(b) rejection above) ……
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but does not explicitly teach,
that is greater than 0 and is less than (p- Δ)/2.
Thus, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to shift the odd rows R0 and even rows Re in the X axis direction by shifting P0, with routine experiment and optimization, such that second offset distance D2 (as marked above) is greater than 0 and less than (p- Δ)/2, according to teaching of Mizutani, since P0 is important in order to a gas containing a metal precursor can be further flowed in the space S (see FIG. 5B) via the gap between the second columnar portion CL2 and the third columnar portion CL3 (see MIZUTANI, para [0098] ,. In re Woodruff, 16 USPQ2d 1935, 1937 (Fed. Cir. 1990). See also In re Boesch, 205 USPQ 215 (CCPA) (discovery of optimum value of result effective variable in known process is ordinarily within skill of art) and In re Aller, 105 USPQ 233 (CCPA 1955) (selection of optimum ranges within prior art general conditions is obvious).
Regarding claim 5, MIZUTANI teaches the memory device of claim 4 but does not explicitly teach, wherein a difference between said (p-Δ)/2 and the second lateral offset distance (p-Δ)/2 - h is a lateral shift distance h that is greater than 0 and is less than Δ/2
It would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to shift the odd rows R0 and even rows Re in the X axis direction by shifting P0, with routine experiment and optimization, such that a difference between said (p-Δ)/2 and the second lateral offset distance (p-Δ)/2 - h is a lateral shift distance h that is greater than 0 and is less than Δ/2, according to teaching of Mizutani, since P0 is important in order to a gas containing a metal precursor can be further flowed in the space S (see FIG. 5B) via the gap between the second columnar portion CL2 and the third columnar portion CL3(see MIZUTANI, para [0098]) .,. In re Woodruff, 16 USPQ2d 1935, 1937 (Fed. Cir. 1990). See also In re Boesch, 205 USPQ 215 (CCPA) (discovery of optimum value of result effective variable in known process is ordinarily within skill of art) and In re Aller, 105 USPQ 233 (CCPA 1955) (selection of optimum ranges within prior art general conditions is obvious).
Regarding claim 6, MIZUTANI teaches the memory device of claim 3 and further teaches ,wherein, for each first vertical axis passing through the geometrical center of the respective memory opening in any odd-numbered row, a third vertical axis passing through a geometrical center of a most proximal memory opening within a most proximal even-numbered row is laterally offset from the first vertical axis along the first horizontal direction by a second lateral offset distance (D2 as marked below
but does not explicitly teach, that equals (p-[Symbol font/0x44])/2.
It would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to shift the odd rows R0 and even rows Re in the X axis direction by shifting P0, with routine experiment and optimization, such that a second lateral offset distance (D2 as marked) equals (p-[Symbol font/0x44])/2 , according to teaching of Mizutani, since P0 is important in order to a gas containing a metal precursor can be further flowed in the space S (see FIG. 5B) via the gap between the second columnar portion CL2 and the third columnar portion CL3 (see MIZUTANI, para [0098],. In re Woodruff, 16 USPQ2d 1935, 1937 (Fed. Cir. 1990). See also In re Boesch, 205 USPQ 215 (CCPA) (discovery of optimum value of result effective variable in known process is ordinarily within skill of art) and In re Aller, 105 USPQ 233 (CCPA 1955) (selection of optimum ranges within prior art general conditions is obvious).
Regarding claim 7, MIZUTANI teaches the memory device of claim 3 and further teaches, wherein, for each first vertical axis passing through the geometrical center of the respective memory opening in any odd-numbered row (as marked by dotted line below), a planar vertical plane (Plane P as marked) that passes through the first vertical axis and is parallel to the second horizontal direction (Y) does not pass through a geometrical center of any memory opening within any nearest-neighboring row of memory openings or within any second-nearest-neighboring row of memory openings (as marked below plane P does not pass through a geometric center of memory opening of nearest even rows Re).
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Claims 12-17 are rejected under 35 U.S.C. 103 as being unpatentable over MIZUTANI et al. and further in view of MIZUNO et al. (US 20160071876 A1)
Regarding claim 12, MIZUTANI teaches the memory device of claim 1 but does not explicitly teach , wherein: each of the memory openings has a respective elongated horizontal cross-sectional shape having a respective a major axis and a respective minor axis; and the major axes of the memory openings extend in a nearest neighbor memory opening direction.
But MIZUTANI additionally teach,
memory hole MH may be circular or elliptical cross-section (para [0034]) and
and MIZUNO teaches,
elliptical memory openings may have a horizontal cross-section shape with major (horizontal axis) and minor axis (vertical axis) wherein the major axis extend in nearest memory opening direction(see FIG. 21A below)
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Thus, it would have been obvious to try by one of ordinary skill in the art before the effective filing date of the claimed invention to select an elliptical cross-section of the memory hole MH, according to teaching of MIZUTANI, such that it has a respective major and minor axis and major axis extends in nearest memory opening directions, according to teaching of MIZUTANI & MIZUNO, in order to a gas containing a metal precursor can be further flowed in the space S (see FIG. 5B) via the gap between the second columnar portion CL2 and the third columnar portion CL3,.since it has been held that choosing from a finite number of identified, predictable solutions such as elliptical or circular memory openings, with a reasonable expectation of success is obvious. KSR Int'l v. Teleflex Inc., 127 S.Ct. 1727 (2007).
Regarding claim 13, MIZUTANI teaches,
A memory device(100b, FIG. 14), comprising:
an alternating stack of insulating layers (22, para [0026], FIG. 2B) and electrically conductive layers (21);
memory openings (MH, FIG. 2A) vertically extending through the alternating stack,
………and memory opening fill structures (columnar portion CL provided inside memory hole MH, para [0033], FIG. 2A-2B) located in the memory openings,
wherein each of the memory opening fill structures comprises a vertical semiconductor channel (semiconductor layer 210, FIGs. 2A-2B, para [0033], which serves as a channel, para [0035]) and a vertical stack of memory elements(memory film 220, FIG. 2A-2B, para [0033])
But MIZUTANI does not explicitly teach,
wherein each of the memory openings has a respective elongated horizontal cross-sectional shape having a respective a major axis and a respective minor axis,
and the major axes of the memory openings extend in a nearest neighbor memory opening direction;
But MIZUTANI additionally teach,
memory hole MH may be circular or elliptical cross-section (para [0034]) and
and MIZUNO teaches,
elliptical memory openings may have a horizontal cross-section shape with major and minor axis wherein the major axis extend in nearest memory opening direction (FIG. 21A)
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Thus, it would have been obvious to try by one of ordinary skill in the art before the effective filing date of the claimed invention to select an elliptical cross-section of the memory hole MH , according to teaching of MIZUTANI, such that it has a respective major and minor axis and major axis extends in nearest memory opening directions, according to teaching of MIZUTANI & MIZUNO, in order to a gas containing a metal precursor can be further flowed in the space S (see FIG. 5B) via the gap between the second columnar portion CL2 and the third columnar portion CL3(see MIZUTANI, para [0098],.since it has been held that choosing from a finite number of identified, predictable solutions such as elliptical or circular memory openings, with a reasonable expectation of success is obvious. KSR Int'l v. Teleflex Inc., 127 S.Ct. 1727 (2007).
Regarding claim 14, MIZUTANI & MIZUNO teaches the memory device of claim 13 and further teaches, wherein: the memory openings are arranged as multiple rows (R0, Re, para[0104]) of memory openings (FIG. 14);
each row of the multiple rows comprises a respective one-dimensional periodic array of memory openings having a uniform pitch p (P0, para [0105]) along a first horizontal direction (X),
and the multiple rows are laterally spaced apart from each other along a second horizontal direction (Y) that is perpendicular to the first horizontal direction (X);
and the major axes of the memory openings are parallel to each other (FIG. 14, MIZUNO)
but does not explicitly teach,
and are at a non-zero and non-orthogonal angle with respect to the first horizontal direction.
But MIZUTANI further teaches,
the gas PCS containing the metal precursor can be flowed in the space S via the gap between the third columnar portion CL3 and the seventh columnar portion CL7 (see FIG. 4C) (para [0060]).
It would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to vary the gap between memory openings , such that elliptical major axis of the memory openings are aligned at a non-zero and non-orthogonal angle with respect to direction X, according to teaching of Mizutani, since gap between memory openings are important in order to a gas containing a metal precursor can be further flowed in the space S (see FIG. 5B) via the gap between columnar portions (i.e. columnar portion CL2 and the third columnar portion CL3) (see MIZUTANI, para [0098],. In re Woodruff, 16 USPQ2d 1935, 1937 (Fed. Cir. 1990). See also In re Boesch, 205 USPQ 215 (CCPA) (discovery of optimum value of result effective variable in known process is ordinarily within skill of art) and In re Aller, 105 USPQ 233 (CCPA 1955) (selection of optimum ranges within prior art general conditions is obvious).
Regarding claim 15, MIZUTANI & MIZUNO teaches the memory device of claim 14 and further teaches , wherein the multiple rows comprise, upon sequentially numbering with integers beginning with 1 along the second horizontal direction, odd-numbered rows (odd rows R0) and even-numbered rows (even rows Re) ; and each pattern of memory openings in any odd-numbered row is periodically repeated in every other odd-numbered row along the second horizontal direction with a periodicity that equals a center-to-center distance (see as marked below) between neighboring pairs of odd-numbered rows within the multiple rows.
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Regarding claim 16, MIZUTANI & MIZUNO teaches the memory device of claim 14 and further teaches, wherein the multiple rows comprise, upon sequentially numbering with integers beginning with 1 along the second horizontal direction, odd-numbered rows (odd rows R0) even-numbered rows (even rows Re), and wherein, for each first vertical axis passing through a geometrical center of a respective memory opening in any odd-numbered row (Re), a second vertical axis passing through a geometrical center of a most proximal memory opening within a most proximal odd-numbered row is laterally offset from the first vertical axis along the first horizontal direction (X) by a first lateral offset distance D (D1 as marked below)
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but does not explicitly teach,
that is greater than 0 and is less than one half of the uniform pitch p (P1).
But MIZUTANI additionally teaches,
the semiconductor device 100b can be obtained, for example, by shifting the odd rows Ro and the even rows Re in the X axis direction by shifting “P0” different from the half (P1/2) of the pitch P1 between the columnar portions CL in the X axis direction (para [0106]).
Thus, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to shift the odd rows R0 and even rows Re in the X axis direction by shifting P0, with routine experiment and optimization, such that first offset distance D1 (as marked above) is greater than 0 and less than P1/2, according to teaching of Mizutani, since P0 is important in order to a gas containing a metal precursor can be further flowed in the space S (see FIG. 5B) via the gap between the second columnar portion CL2 and the third columnar portion CL3.,. In re Woodruff, 16 USPQ2d 1935, 1937 (Fed. Cir. 1990). See also In re Boesch, 205 USPQ 215 (CCPA) (discovery of optimum value of result effective variable in known process is ordinarily within skill of art) and In re Aller, 105 USPQ 233 (CCPA 1955) (selection of optimum ranges within prior art general conditions is obvious).
Regarding claim 17, MIZUTANI & MIZUNO teaches the memory device of claim 13 and further teaches , wherein a smallest unit shape of three nearest neighbor memory openings is a scalene triangle (see MIZUTANI FIG. 14, para [0103]-[0105], A “triangle” depicted on the X-Y plane by the first columnar portion CL1 to the third columnar portion CL3 is a scalene triangle, which is non-equilateral triangle).
Regarding claims 13 & 18, MIZUTANI teaches,
A memory device(100ab, FIG. 8A-C), comprising:
an alternating stack of insulating layers (22, para [0026], FIG. 2B) and electrically conductive layers (21);
memory openings (MH, FIG. 2A) vertically extending through the alternating stack,
………and memory opening fill structures (columnar portion CL provided inside memory hole MH, para [0033], FIG. 2A-2B) located in the memory openings,
wherein each of the memory opening fill structures comprises a vertical semiconductor channel (semiconductor layer 210, FIGs. 2A-2B, para [0033], which serves as a channel, para [0035]) and a vertical stack of memory elements(memory film 220, FIG. 2A-2B, para [0033])
But MIZUTANI does not explicitly teach,
wherein each of the memory openings has a respective elongated horizontal cross-sectional shape having a respective a major axis and a respective minor axis,
and the major axes of the memory openings extend in a nearest neighbor memory opening direction;
But MIZUTANI additionally teach,
memory hole MH may be circular or elliptical cross-section (para [0034]) and
and MIZUNO teaches,
elliptical memory openings may have a horizontal cross-section shape with major and minor axis wherein the major axis extend in nearest memory opening direction (FIG. 21A)
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Thus, it would have been obvious to try by one of ordinary skill in the art before the effective filing date of the claimed invention to select an elliptical cross-section of the memory hole MH , according to teaching of MIZUTANI, such that it has a respective major and minor axis and major axis extends in nearest memory opening directions, according to teaching of MIZUTANI & MIZUNO, in order to a gas containing a metal precursor can be further flowed in the space S (see FIG. 5B) via the gap between the second columnar portion CL2 and the third columnar portion CL3(see MIZUTANI, para [0098]),.since it has been held that choosing from a finite number of identified, predictable solutions such as elliptical or circular memory openings, with a reasonable expectation of success is obvious. KSR Int'l v. Teleflex Inc., 127 S.Ct. 1727 (2007).
MIZUTANI further teaches,
wherein a smallest unit shape of three nearest neighbor memory openings is an equilateral triangle (FIG. 8B, para [0077],central points of the first columnar portion CL1, the third columnar portion CL3, and the sixth columnar portion CL6 are connected as equilateral triangle, d1=d2=d3=x)
Allowable Subject Matter
Claims 8-10 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
With respect to claim 8, the prior art of record does not appear to teach, suggest, or provide motivation for combination to following limitation:
wherein a first vertical plane passing through a geometrical center of a memory opening within an odd-numbered row of memory openings and passing through a geometrical center of a memory opening within a nearest-neighboring odd-numbered row of memory openings is at a first angle (π/3 - α) with respective to the first horizontal direction, wherein the first angle (π/3 - α) is less than π/3 and is greater than arctan(√3/(1.5)) (Claim 8)
Claims 9-10 are objected to being dependent on claim 8.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KHATIB A RAHMAN whose telephone number is (571)270-0494. The examiner can normally be reached on MON-FRI 8:00 am- 5:00 pm (Arizona).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor Steven Loke, can be reached on (571) 272-1657. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/K.A.R/Examiner, Art Unit 2818
/CUONG B NGUYEN/Primary Examiner, Art Unit 2818