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 without traverse of Group I in the reply filed on 2/10/2026 is acknowledged.
Claims 9-25 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 2/10/2026.
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.
Claims 1-8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chen, US Patent No. 9,859,223 B2.
Re claim 1. Chen discloses a structure comprising: a metal free zone (e.g., the zone under the alignment mark 21) within at least one level (e.g., M2) of the structure (e.g., fig. 1B); and a fill pattern 42 that is not staggered along a first direction and that is not staggered along a second direction (e.g., horizontal and vertical directions, fig. 1b), see figs. 1a-11c and cols. 1-16 for more details.
Re claim 2. The structure of claim 1, further comprising a plurality of metal free zones within a respective plurality of levels of the structure (e.g., M1-M3, fig. 1b).
Re claim 3. The structure of claim 1, wherein the fill pattern is not staggered along a dielectric 41 along the first direction and the second direction (e.g., fig. 1b).
Re claim 4. The structure of claim 1, wherein: the metal free zone has a width that is greater than or equal to 3 μm and less than or equal to 75 μm (e.g., 10 μm, see col. 4. Lines 38-39), or the metal free zone has a width that is substantially equal to 20 μm.
Re claim 5. The structure of claim 1, wherein the metal free zone has a width that is at least 20 μm (e.g., 25 μm, see col. 4. Lines 38-39).
Re claim 6. The structure of claim 1, further comprising a staggered interlayer dielectric 41 within a top layer the structure (e.g., M9, fig. 1b).
Re claim 7. The structure of claim 1, further comprising at least one alignment mark 21 within 20 μm of a center line of the structure (fig. 1b and col. 4. Lines 38-39).
Re claim 8. The structure of claim 1, wherein the first direction is horizontal or vertical, and the second direction is horizontal or vertical (e.g., fig. 1b), and wherein the structure comprises semiconducting material (e.g. see chips 1-4 etc, fig. 1a).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JACK CHEN whose telephone number is (571)272-1689. The examiner can normally be reached Monday to Friday, 8am to 4pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Yara J. Green can be reached at (571)270-3035. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JACK S CHEN/Primary Examiner, Art Unit 2893
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