DETAILED ACTION
This Office action is in response to the filing of this application on 01 August 2023. Claims 1-20 are pending in the application.
This application is a divisional of application Serial No. 17/128,656, filed on 21 December 2020, now US Patent 12,666,709.
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 .
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 “the first epitaxial source/drain region extends a first distance below the top surface of the first fin” and “the second epitaxial source/drain region extends a second distance below the top surfaces of the second fins” must be shown or the feature(s) canceled from the claim(s). 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 17-20 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.
Independent claim 17 requires “the first epitaxial source/drain region extends a first distance below the top surface of the first fin” and “the second epitaxial source/drain region extends a second distance below the top surfaces of the second fins”. As shown in Figs. 12, 14, and 16 of the instant application, recesses 84A, 84B, and 84C are etched in fins 52. This results in the top surfaces of fins 52 being recessed a depth D1, D2, or D3, as shown in Figs. 12, 14, and 16, respectively. Epitaxial source/drain regions 82A, 82B, and 8sC are epitaxially grown in the recesses 84A, 84B, and 84C, respectively, as shown in Fig. 18C. Therefore, since the epitaxial source/drain regions 82 are formed in recesses 84 on the top surfaces of etched fins 52, it is unclear how “the first epitaxial source/drain region extends a first distance below the top surface of the first fin” and “the second epitaxial source/drain region extends a second distance below the top surfaces of the second fins” (emphasis added). As shown in Fig. 18C of the instant application, the first and second epitaxial source/drain regions 82 do not extend below the top surface of recessed fins 52, see annotated Fig. 18C below. Whereas the epitaxial source/drain regions 82 would extend below the top surface of fins 52 as originally formed prior to the recessing of the fins (the original height of the fins 52 is depicted in Fig. 18C using dotted lines), in the resultant device shown in Fig. 18C, the first and second epitaxial source/drain regions 82 do not extend below the top surface of recessed fins 52. Hence, Applicant’s originally-filed specification or the drawings do not disclose “the first epitaxial source/drain region extends a first distance below the top surface of the first fin” and “the second epitaxial source/drain region extends a second distance below the top surfaces of the second fins”, as required in independent claim 17.
Claims 18-20 are rejected due to their dependency on independent claim 17.
PNG
media_image1.png
592
782
media_image1.png
Greyscale
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 17-20 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.
Independent claim 17 requires “the first epitaxial source/drain region extends a first distance below the top surface of the first fin” and “the second epitaxial source/drain region extends a second distance below the top surfaces of the second fins”. Since epitaxial source/drain regions 82A, 82B, and 8sC are epitaxially grown in the recesses 84A, 84B, and 84C on the recessed top surfaces of fins 52, as shown in Applicant’s Fig. 18C, it is unclear how the first and second epitaxial source/drain regions 82 can extend below the top surface of fins 52. Whereas the epitaxial source/drain regions 82 would extend below the top surface of fins 52 as originally formed prior to the recessing of the fins (the original height of the fins 52 is depicted in Fig. 18C using dotted lines), in the resultant device shown in Fig. 18C, the first and second epitaxial source/drain regions 82 do not extend below the top surface of recessed fins 52.
Claims 18-20 are rejected, since they inherit the indefiniteness of the claims from which they depend.
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.
Claims 1, 5, 6, 8, 17, 18, 19, and 20 are rejected under 35 U.S.C. 102(a)(1) as being clearly anticipated by Sung et al., US 2017/0133286, cited by Applicant on the Information Disclosure Statement (IDS) submitted on 24 March 2025.
With respect to claim 1, Sung et al. disclose a structure, shown in Figs. 1A and 1B, comprising:
a substrate 110;
a first semiconductor device (in region 114) in the substrate 110 comprising:
a fin 120b protruding from the substrate 110, see Figs. 1A and 1B;
a gate stack 170 extending over the fin 120b, see Figs. 1A and 1B;
a first recess in the fin 120b adjacent the gate stack 170, as shown in Figs. 1A and 3C, wherein the first recess in the fin 120b has a first depth d2, see Fig. 3C; and
a first epitaxial source/drain region 150 in the first recess, see Figs. 1A, 1B, and 3E; and
a second semiconductor device (in region 112) in the substrate 110 comprising:
two adjacent fins 120a protruding from the substrate 110, see Figs. 1A and 1B;
a gate stack 170 extending over the two adjacent fins 120a, see Figs. 1A and 1B;
a second recess in each of the two adjacent fins 120a adjacent the gate stack 170, as shown in Figs. 1A and 3D, wherein the second recess in each of the two adjacent fins 120a has a second depth d1 that is greater than the first depth d2 (see Figs 3C and 3D); and
a second epitaxial source/drain region 140 in each second recess, see Figs. 1A, 1B, and 3E.
With respect to claim 5, in the structure of Sung et al., the first semiconductor device (in region 112) comprises first spacers 130a on the gate stack 170 (see Fig. 1A) having a first height, see Fig. 3C, and the second semiconductor device (in region 114) comprises second spacers 130b on the gate stack 170 (see Fig. 1A) having a second height, wherein the second height is less than the first height, as shown in Fig. 3C.
With respect to claim 6, in the structure of Sung et al., the second epitaxial source/drain region 150 is a single epitaxial region that extends into both second recesses, as shown in Figs. 3D and 3E.
With respect to claim 8, in the structure of Sung et al., a volume 142 of the first epitaxial source/drain region 140 is greater than a volume 152 of a second epitaxial source/drain region 150, as shown in Fig. 3E.
With respect to claim 17, Sung et al. disclose a semiconductor device, shown in Fig. 1B, comprising:
a first fin structure 150/120b on a substrate 110, wherein the first fin structure 150/120b comprises a first epitaxial source/drain region 150 over a first fin 120b, as shown in Figs. 1A and 1B,
wherein the first epitaxial source/drain region 150 extends a first distance D1 (see annotated Fig. 1B below, vertex 154a is a distance D1 below the top surface of the first fin 120b (L1)) below the top surface (indicated as L1 in Fig. 1B) of the first fin 120b, as shown in Fig. 1A;
a first gate structure 170 over the first fin 120b, as shown in Fig. 1A;
a second fin structure 140/120a on the substrate 110, wherein the second fin structure 140/120a comprises a second epitaxial source/drain region 140 over a plurality of second fins 120a, as shown in Figs. 1A and 1B;
wherein the second epitaxial source/drain region 140 extends a second distance D2 (see annotated Fig. 1B below, vertex 144a is a distance D2 below the top surfaces of the first fin 120a (L1))) below the top surfaces (indicated as L1 in Fig. 1B) of the second fins 120a, see Figs. 1A and 1B
wherein the second distance D2 is greater than the first distance D1; and
a second gate structure 170 over the plurality of second fins 120a, see Figs. 1A and 1B.
PNG
media_image2.png
573
790
media_image2.png
Greyscale
With respect to claim 18, the semiconductor device of Sung et al., further comprises a third fin structure 240/120a on the substrate 110, as shown in Figs. 2A and 2B, wherein the third fin structure 240/120a comprises a third epitaxial source/drain region 240 over a plurality of third fins 120a, wherein the third epitaxial source/drain region 240 extends a third distance D3 below the top surfaces of the third fins 120a (indicated as L1 in Fig. 2B), wherein the third distance D3 is greater than the second distance D2, wherein the number of third fins 102a (8, as shown in Fig. 2B because of the merged source/drain regions) in the plurality of third fins is greater than the number of second fins 102a (2, as shown in Fig. 1B) in the plurality of second fins 102a, see annotated Fig. 2B below.
PNG
media_image3.png
629
869
media_image3.png
Greyscale
With respect to claim 19, in the semiconductor device of Sung et al., a top surface of the first epitaxial source/drain region 150 is a first height L1 above the substrate 110, as shown in Figs. 1A and 1B, and a top surface of the second epitaxial source/drain region 140 is the first height L1 above the substrate, as shown in Figs. 1A and 1B. The top vertexes 154b and 144b are both at the height L1, as shown in Fig. 1B.. .
With respect to claim 20, in the semiconductor device of Sung et al., the first fin structure 150/120b comprises a first gate spacer 130b on the first fin 120b, wherein the second fin structure 140/120a comprises a plurality of second gate spacers130a on the plurality of second fins 120a, wherein the first gate spacer 130b extends farther from the substrate than the plurality of second gate spacers 130a, see Fig. 1B. As shown in Fig. 1B, spacers 130b extend a height H2 above substrate 110 which is greater than the height H1 that gate spacers 130a extend above the substrate 110, see paragraph [0020].
Claims 1, 5, 6, and 7 are rejected under 35 U.S.C. 102(a)(1) as being clearly anticipated by Jeng, US 2013/0122676, cited by Applicants on the Information Disclosure Statement (IDS) submitted on 01 August 2023.
With respect to claim 1, Jeng discloses a structure, shown in Fig. 11, comprising:
a substrate 202;
a first semiconductor device in a first region 220 in the substrate 202 comprising:
a fin 204 protruding from the substrate 202, as shown in Fig. 6;
a gate stack 206 extending over the fin 204, as shown in Fig. 6;
a first recess 802 in the fin 204 adjacent the gate stack 206, wherein the first recess 802 in the fin 204 has a first depth, as shown in Fig. 6; and
a first epitaxial source/drain region 1102 in the first recess 802, as shown in Fig. 11; and
a second semiconductor device in a second region 218 in the substrate 202 comprising:
two adjacent fins 204 protruding from the substrate 202, as shown in Fig.2;
a gate stack 206 extending over the two adjacent fins 204, as shown in Fig. 2;
a second recess 222 in each of the two adjacent fins 204 adjacent the gate stack 206, wherein the second recess 222 in each of the two adjacent fins 204 has a second depth that is greater than the first depth, as shown in Fig. 2; and
a second epitaxial source/drain region 602 in each second recess 222, as shown in Fig. 6
With respect to claim 5, in the structure of Jeng, the first semiconductor device (in region 220) comprises first spacers 214 on the gate stack 206 having a first height, and the second semiconductor device (in region 218) comprises second spacers 216 on the gate stack 206 having a second height, wherein the second height is less than the first height, as shown in Fig. 11.
With respect to claim 6, in the structure of Jeng, the second epitaxial source/drain region 602 is a single epitaxial region that extends into both second recesses, as shown in Figs. 5 and 6.
With respect to claim 7, in the structure of Jeng, a top surface of the substrate 202 on a first side of one fin 204 of the two adjacent fins of the second semiconductor device (in region 218) is higher than a top surface of the substrate 202 on a second side of that fin 204, as shown in annotated Fig. 11 below.
PNG
media_image4.png
613
803
media_image4.png
Greyscale
Claim Rejections - 35 USC § 103
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 disclosed 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.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Jeng, US 2013/0122676, as applied to claim 1 above.
With respect to claim 4, although Jeng discloses that the second depth (of second recesses 222) is greater than the first depth (of first recesses 802), Jeng does not expressly disclose that the second depth is between 5 nm and 20 nm greater than the first depth. However, this limitation is deemed an obvious processing parameter to optimize and clearly ascertainable through routine experimentation. Moreover, this limitation is not deemed to patentably distinguish Applicant's claimed method from the known method of Jeng.
Allowable Subject Matter
Claims 9-16 are allowable over the prior art of record.
The following is a statement of reasons for the indication of allowable subject matter: None of the references of record teach or suggest a semiconductor device comprising: comprising: a first raised portion of a substrate adjacent a second raised portion of the substrate; first fins on the first raised portion of the substrate and second fins on the second raised portion of the substrate, wherein the number of second fins formed on the second raised portion is greater than the number of first fins formed on the first raised portion; an isolation region surrounding the first fins and the second fins; a first gate structure over the first fins and a second gate structure over the second fins; first source/drain regions in the first fins, wherein adjacent first source/drain regions of neighboring first fins are merged, wherein bottom surfaces of the first source/drain regions are a first height above a top surface of the first raised portion; and second source/drain regions in the second recesses, wherein adjacent second source/drain regions of neighboring second fins are merged, wherein bottom surfaces of the second source/drain regions are a second height above a top surface of the second raised portion that is smaller than the first height, as required in independent claim 9.
Claims 10-16 are allowable by virtue of their dependency on independent claim 9.
Claims 2 and 3 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
Neither Sung et al. nor Jeng teach or suggest a structure comprising: a third semiconductor device in the substrate comprising: three adjacent fins protruding from the substrate; a gate stack extending over the three adjacent fins; a third recess in each of the three adjacent fins adjacent the gate stack, wherein the third recess in each of the three adjacent fins has a third depth that is greater than the second depth; and a third epitaxial source/drain region in each third recess, as required in dependent claim 2.
Claim 3 is objected to by virtue of its dependence from claim 2.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The additionally cited references disclose various fin structures with epitaxial source/drain regions..
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARY A WILCZEWSKI whose telephone number is (571)272-1849. The examiner can normally be reached M-TH 7:30 AM-5:00 PM.
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, Jessica Manno can be reached at 571-272-2339. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
MARY A. WILCZEWSKI
Primary Examiner
Art Unit 2898
/MARY A WILCZEWSKI/Primary Examiner, Art Unit 2898
Prosecution Insights