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 claims 1-16 and 21-24 in the reply filed on 04 February 2026 is acknowledged.
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 6 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 6 recites the limitation "second thickness" in the second line of the claim. There is insufficient antecedent basis for this limitation in the claim. For the purposes of this action, claim 6 will depend on claim 5.
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 (i.e., changing from AIA to pre-AIA ) 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.
Claim(s) 1 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Shiau (US Patent Pub 20230238271 A1).
Regarding Claim 1, Shiau teaches a method, comprising:
forming a first fin structure and a second fin structure from a substrate (Fig. 3, Fin structures are represented by element 55. Any two of the plurality of fin structures can be the first and second fin structure, but for the purposes of this action, the first and second fin structures will be represented by 55a and 55b as labeled in the annotated figure below)
depositing a first conformal layer over the first and second fin structures and between the first and second fin structures (Fig. 4, first conformal layer 56. Portions of 56 are over the first and second fin structures and between the first and second fin structures);
depositing a second conformal layer on the first conformal layer (Fig. 4, second conformal layer 58);
depositing a third conformal layer on the second conformal layer (Fig. 4, third conformal layer 60);
depositing a fourth conformal layer on the third conformal layer (Fig. 4, fourth conformal layer 62);
depositing a first insulating material on the fourth conformal layer between the first and second fin structures (Fig. 7, first insulating material 66);
depositing a second insulating material on the first insulating material, wherein the first and second fin structures are embedded by the second insulating material (Fig. 7, second insulating material 68. 68 surrounds the fin structures, therefore the first and second fin structures are embedded by 68);
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and removing portions of the second insulating material and the first, second, third, and fourth conformal layers to expose the first and second fin structures (Fig. 8 and paragraph 0041 teaches the removal of portions of the second insulating material and the first, second, third, and fourth conformal layers, exposing the first and second fin structures).
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 (i.e., changing from AIA to pre-AIA ) 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 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 2 and 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shiau as applied to claim 1 above, and further in view of Kao et al. (US Patent Pub 20210375686 A1, hereafter referred to as Kao 686).
Regarding Claim 2, Shiau teaches the method of claim 1.
Shiau fails to teach first and second fin structures comprising alternating semiconductor layers disposed on a well portion.
However, Kao 686 teaches a method of fabricating a finfet device wherein the first and second fin structures comprises alternating first and second semiconductor layers disposed on a well portion (Kao 686, Fig. 2E, first and second fin structures 116 comprising alternating first and second semiconductor layers (106, 106A, 108, and 108B, see paragraph 0023) disposed on a well portion 116L).
It would have been obvious to one of ordinary skill in the art at the time of invention to
incorporate the teachings of Kao 686 into the method of Shiau by forming the first and second fin structures comprising alternating first and second semiconductor layers disposed on a well portion. The ordinary artisan would have been motivated to modify Shiau in the manner set forth above for at least the purpose of improving device performance (Shiau, paragraph 0033 and 0034).
Regarding Claim 3, Shiau in view of Kao 686 teaches the method of claim 2, wherein the well portion has a first top surface, and top surfaces of the second insulating material, the first conformal layer, the second conformal layer, the third conformal layer, and the fourth conformal layer are located at a level at or below the first top surface (Shiau, fig. 7 teaches first and second fin structures 55a and 55b (see annotated figure above) teach well portion of 55 that has a first top surface at the top of the portion of fin structure not including 52 and 54. Fig. 8 teaches a top surface of the second insulating material 68, the first conformal layer 56, the second conformal layer 58, the third conformal layer 60, and the fourth conformal layer 62 are located at or below the first top surface).
Claim(s) 4-6, 21, and 22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shiau as applied to claim 1 above, and further in view of Chen et al. (US Patent Pub 20210098594 A1).
Regarding Claim 4, Shiau teaches the method of claim 1.
Shiau fails to disclose the thickness parameters of the first and second insulating materials.
However, Chen teaches a method of makling a finfet device wherein the first and second insulating materials have a total thickness, and the second insulating material has a first thickness that is about 15 percent to about 45 percent of the total thickness (Chen, fig. 3F, paragraph 45 teaches a first insulating material 220 and a second insulating material 222 wherein the second insulating material has a first thickness, and the first thickness of the second insulating material can be about 15 percent to about 45 percent of the total thickness).
It would have been obvious to one of ordinary skill in the art at the time of invention to incorporate the teachings of Chen into the method of Shiau by forming the first and second insulating materials such that the first and second insulating materials have a total thickness, and the second insulating material has a first thickness that is about 15 percent to about 45 percent of the total thickness. The ordinary artisan would have been motivated to modify Shiau in the manner set forth above for at least the purpose of protecting the gate structure of the device (Chen, paragraph 0045).
Regarding Claim 5, Shiau in view of Chen teaches the method of claim 4, wherein the first insulating material has a second thickness greater than the first thickness (Shiau, Fig. 7, first insulating material 66 has a second thickness greater than the first thickness).
Regarding Claim 6, Shiau in view of Chen teaches the method of claim 4, wherein the first thickness ranges from about 50 nm to about 150 nm, and the second thickness ranges from about 200 nm to about 300 nm (Chen, paragraph 0061 teaches the height of the fin structure D1 ranges from 50 nm to 200 nm. Shiau, paragraph 0019 teaches the height of the fin structures ranges from 80 nm to 140 nm. Therefore, it would have been obvious to form the first and second thickness ranges to a sufficient height for covering the fin structures. Furthermore, one of ordinary skill in the art would have been led to the recited insulating material thickness ranges through routine experimentation and optimization in order to be thick enough to sufficiently protect the structures in the device. Applicant has not disclosed that the dimensions are for a particular unobvious purpose, produce an unexpected result, or are otherwise critical, and it appears prima facie that the process would possess utility using another dimension. Indeed, it has been held that mere dimensional limitations are prima facie obvious absent a disclosure that the limitations are for a particular unobvious purpose, produce an unexpected result, or are otherwise critical. See, for example, In re Rose, 220 F.2d 459, 105 USPQ 237 (CCPA 1955); In re Rinehart, 531 F.2d 1048, 189 USPQ 143 (CCPA 1976); Gardner v. TEC Systems, Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984); In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966). See also MPEP 2144.04(IV)(B).
Regarding Claim 21, Shiau teaches a method, comprising:
forming a first fin structure and a second fin structure from a substrate (Fig. 3, Fin structures are represented by element 55. Any two of the plurality of fin structures can be the first and second fin structure, but for the purposes of this action, the first and second fin structures will be represented by 55a and 55b as labeled in the annotated figure below);
depositing a plurality of layers over the first and second fin structures and between the first and second fin structures (Fig. 4, describes the deposition of plurality of layers 56, 58, 60, and 62);
depositing a first insulating material on the plurality of layers and between the first and second fin structures, wherein the first insulating material is deposited from bottom- up (Fig. 7, first insulating material 66. Paragraph 0037 teaches 66 may be formed by a flowable chemical vapor deposition (FCVD) process. Paragraph 0024 of applicant’s specification teaches that the first insulating material may be deposited from bottom-up via a FCVD process. Therefore, 66 is deposited bottom-up);
and forming a second insulating material on the first insulating material (Fig. 7, second insulating material 68 formed on first insulating material 66).
Shiau fails to disclose the thickness parameters of the first and second insulating materials.
However, Chen teaches However, Chen teaches a method of making a finfet device wherein the second insulating material has a thickness that is about 15 percent to about 45 percent of a total thickness of the first and second insulating materials (Chen, fig. 3F, paragraph 45 teaches a first insulating material 220 and a second insulating material 222 wherein the second insulating material has a first thickness, and the first thickness of the second insulating material can be about 15 percent to about 45 percent of the total thickness).
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It would have been obvious to one of ordinary skill in the art at the time of invention to incorporate the teachings of Chen into the method of Shiau by forming the first and second insulating materials wherein the second insulating material has a thickness that is about 15 percent to about 45 percent of a total thickness of the first and second insulating materials. The ordinary artisan would have been motivated to modify Shiau in the manner set forth above for at least the purpose of protecting the gate structure of the device (Chen, paragraph 0045).
Regarding Claim 22, Shiau in view of Chen teaches the method of claim 21, wherein the first and second insulating materials comprise different materials (Shiau, Paragraph 0039 teaches first insulating material 66 and second insulating material 68 comprise different materials).
Claim(s) 23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shiau in view of Chen as applied to claims 4-6, 21, and 22 above, and further in view of Chiu et al. (20210359111 A1).
Regarding Claim 23, Shiau in view of Chen teaches the method of claim 22, wherein the first insulating layer is deposited by a flowable chemical vapor deposition process.
Shiau in view of Chen fail to teach a method wherein the second insulating material is a plasma enhanced oxide.
However, Chiu teaches a second insulating material formed of a plasma enhanced oxide (Chiu, Fig. 7, second insulating material 40. Paragraph 0039 teaches 40 can be formed of an oxide utilizing a plasma-CVD process. Therefore, 40 is made of a plasma enhanced oxide).
It would have been obvious to one of ordinary skill in the art at the time of invention to incorporate the teachings of Chiu into the method of Shiau in view of Chen by forming the insulating materials by a method wherein the first insulating material is deposited by a flowable chemical vapor deposition process, and the second insulating material is a plasma enhanced oxide. The ordinary artisan would have been motivated to modify Shiau in view of Chen the manner set forth above for at least the purpose of filling in the spaces in between the fin structures as well as aid in selective etching processes (Chiu, paragraph 0039-0040).
Claim(s) 24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shiau in view of Chen as applied to claims 4-6, 21, and 22 above, and further in view of Kao et al. (US Patent Pub 20220029011 A1, hereafter referred to as Kao 011).
Regarding Claim 24, Shiau in view of Chen teaches the method of claim 21, comprising a plurality of layers and a first insulating material (Shiau, fig. 7, first conformal layer 56, second conformal layer 58, third conformal layer 60, and fourth conformal layer 62 make up the plurality of layers. 66 is the first insulating material formed of a dielectric material such as silicon oxide (paragraph 0037)).
Shiau in view of Chen fails to specifically teach performing an anneal process to diffuse carbon and nitrogen from the plurality of layers into the first insulating material.
However, Kao 011 teaches a method of forming a finfet device comprising performing an annealing process to diffuse carbon and nitrogen from the plurality of layers into the first insulating material (The diffusion appears to be a reaction between the third conformal layer, fourth conformal layer, and the first insulating layer during the first anneal process. Kao 011, paragraph 022 teaches the third conformal layer 601 being formed of SiCON, the fourth conformal layer 801 (paragraph 0076) being formed of SiON ( a semiconductor material), a first insulating material formed of a dielectric material (paragraph 102), and an anneal process as well as the first anneal being performed at 500° C (paragraph 0061). The anneal is in the range disclosed by the Applicant’s instant specification (paragraph 0025). The conformal layer materials of Kao 011 match those used in the Applicant’s instant specification (paragraphs 0022 and 0023 teach the materials of the third and fourth conformal layer). Shiau teaches a first insulating material 66 formed of silicon oxide (paragraph 0037). The Applicant’s instant specification teaches the first insulating layer can be formed of silicon oxide (paragraph 0024). Therefore, the same materials arranged in the same manner and treated by the same processes will have the same result).
It would have been obvious to one of ordinary skill in the art at the time of invention to incorporate the teachings of Kao 011 into the method of Shiau in view of Chen by performing an annealing process to diffuse carbon and nitrogen from the plurality of layers into the first insulating material. The ordinary artisan would have been motivated to modify Shiau in view of Chen the manner set forth above for at least the purpose of removing nitrogen and carbon from the layers and allowing for better gap fill during the deposition process (Kao 011, paragraphs 0061, 0096, and 0100).
Claim(s) 8-12, 15, and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shiau as applied to claim 1 above, and further in view of Kao et al. (US Patent Pub 20220029011 A1, referred to as Kao 011).
Regarding Claim 8, Shiau teaches a method, comprising:
forming a first fin structure and a second fin structure from a substrate (Fig. 3, Fin structures are represented by element 55. Any two of the plurality of fin structures can be the first and second fin structure, but for the purposes of this action, the first and second fin structures will be represented by 55a and 55b as labeled in the annotated figure above);
depositing a first conformal layer over the first and second fin structures and between the first and second fin structures (Fig. 4, first conformal layer 56. Portions of 56 are over the first and second fin structures and between the first and second fin structures);
depositing a second conformal layer on the first conformal layer (Fig. 4, second conformal layer 58);
depositing a third conformal layer on the second conformal layer (Fig. 4, third conformal layer 60);
depositing a fourth conformal layer on the third conformal layer (Fig. 4, fourth conformal layer 62);
depositing a first insulating material on the fourth conformal layer between the first and second fin structures (Fig. 7, first insulating material 66);
performing a first anneal process, (Paragraph 0029 teaches a first anneal process);
depositing a second insulating material on the first insulating material, wherein the first and second fin structures are embedded by the second insulating material (Fig. 7, second insulating material 68. 68 surrounds the fin structures, therefore the first and second fin structures are embedded by 68);
removing portions of the second insulating material and the first, second, third, and fourth conformal layers to expose tops of the first and second fin structures (Fig. 8 and paragraph 0041 teaches the removal of portions of the second insulating material and the first, second, third, and fourth conformal layers, exposing the first and second fin structures);
performing a second anneal process; and recessing the second insulating material and the first, second, third, and fourth conformal layers (Paragraph 0043 teaches the recessing of the second insulating material and the first, second, third, and fourth conformal layers. Paragraph 0049 teaches a second anneal process).
Shiau fails to teach that the first anneal process wherein the fourth conformal layer expands during the first anneal process and causes densities of the first, second, and third conformal layers to increase.
However, Kao 011 teaches an anneal process wherein the fourth conformal layer expands during the first anneal process and causes densities of the first, second, and third conformal layers to increase (Kao 011, paragraph 0096 and paragraph 0099 teaches a first anneal process occurs after the deposition of fourth conformal layer 801 (formed of a semiconductor material), which is formed over first conformal layer 501 (formed of a dielectric material), second conformal layer 601 (formed of a dielectric material), and third conformal layer 701 (formed of a dielectric material). Paragraphs 0061 and 0063 teach the first annealing process can occur at a temperature of 500° C, and paragraph 0100 teaches the fourth conformal layer expands during the first anneal. Applicant’s own specification teaches the first through fourth conformal layers are formed of the same materials as Kao 011 and treated to an anneal process at a same temperature (500° C). Therefore, the first through fourth conformal layers in Kao 011 would behave as claimed, causing the fourth conformal layer to expand during the first anneal process and cause densities of the first, second, and third conformal layers to increase).
It would have been obvious to one of ordinary skill in the art at the time of invention to incorporate the teachings of Kao 011 into the method of Shiau by applying anneal process wherein the first anneal process wherein the fourth conformal layer expands during the first anneal process and causes densities of the first, second, and third conformal layers to increase. The ordinary artisan would have been motivated to modify Shiau in the manner set forth above for at least the purpose of modulating any bending of the fins as well as allowing for better gap fill during the deposition processes (Kao 011, paragraph 0100).
Regarding Claim 9, Shiau in view of Kao 011 teaches the method of claim 8, wherein the fourth conformal layer comprises a semiconductor (Shiau, paragraph 0032 teaches fourth conformal layer 62 can be silicon nitride, which is a semiconductor).
Regarding Claim 10, Shiau in view of Kao 011 teaches the method of claim 9, wherein fourth conformal layer is oxidized by the first anneal process (Kao, figures 8B-8D and paragraph 0097 teaches that 801 is oxidized during the anneal process).
Regarding Claim 11, Shiau in view of Kao 011 teaches the method of claim 8, wherein the third conformal layer comprises carbon, and the carbon diffuses into the first insulating material during the first anneal process (Kao 011, Fig. 8A. An additional interpretation of Kao 011 would have the first conformal layer be represented by 401, the second conformal layer represented by 501, the third conformal layer represented by 601, and the fourth conformal layer represented by 801. paragraph 0022 teaches the third conformal layer 601 contains carbon. The diffusion appears to be a reaction between the third conformal layer, fourth conformal layer, and the first insulating layer during the first anneal process. Kao 011 teaches the third conformal layer 601 being formed of SiCON (paragraph 0022), fourth conformal layer 801 being formed of a semiconductor material (paragraph 0076), as well as the first anneal being performed at 500° C (paragraph 0061), which is in the range disclosed by Applicant’s instant specification (paragraph 0025). Shiau teaches the first insulating layer 66 material being silicon oxide (Shiau, paragraph 0037), which is the same as taught in Applicant’s instant specification. The same materials arranged in the same manner and treated by the same processes will have the same result).
Regarding Claim 12, Shiau in view of Kao 011 teaches the method of claim 11, wherein the second conformal layer comprises nitrogen, and the nitrogen diffuses into the first insulating material during the first anneal process (Shiau, paragraph 0022 teaches the second conformal layer contains nitrogen. The diffusion appears to be a reaction between the second conformal layer, the third conformal layer, the fourth conformal layer, and the first insulating layer during the first anneal process. Shiau teaches the second conformal layer 58 containing nitrogen as well as the first insulating layer 66 material being silicon oxide (Shiau, paragraph 0037), which is the same as taught in Applicant’s instant specification. Kao 011 teaches the third conformal layer 601 being formed of SiCON, fourth conformal layer 801 being formed of a semiconductor material, as well as the first anneal being 500° C (Kao 011, paragraph 0061) which is in the range disclosed by Applicant’s instant specification (paragraph 0025) The same materials arranged in the same manner and treated by the same processes will have the same result).
Regarding Claim 15, Shiau teaches the method of claim 8.
Shiau fails to teach the formation of a semiconductor layer over the first and second fin structures and between the first and second fin structures, wherein the first conformal layer is deposited on the semiconductor layer.
However, Kao 011 teaches depositing a semiconductor layer over the first and second fin structures and between the first and second fin structures, wherein the first conformal layer is deposited on the semiconductor layer (Kao, Fig. 8A, semiconductor layer 401. Kao 011, paragraph 0018 teaches 401 can be formed of silicon, which is the same material used as the semiconductor layer taught in Applicant’s instant specification (paragraph 0020). Fig. 8A shows 401 is over and between the first and second fin structures and that first conformal layer 501 is deposited on the semiconductor layer).
It would have been obvious to one of ordinary skill in the art at the time of invention to incorporate the teachings of Kao 011 into the method of Shiau by depositing a semiconductor layer over the first and second fin structures and between the first and second fin structures, wherein the first conformal layer is deposited on the semiconductor layer. The ordinary artisan would have been motivated to modify Shiau in the manner set forth above for at least the purpose of blocking oxidation of the channel region located within the fins (Kao 011, paragraph 0018).
Regarding Claim 16, Shiau in view of Kao 011 teaches the method of claim 15, wherein the semiconductor layer is oxidized during the first anneal process (Kao 011, semiconductor layer 401 is subjected to anneal process described in paragraph 0061. The oxidation appears to be a reaction between the semiconductor layer 401 and the first anneal process. Kao 011, paragraph 0018 teaches 401 can be formed of silicon, which is the same material used as the semiconductor layer taught in Applicant’s instant specification (paragraph 0020). Kao 011, paragraph 061 teaches a first anneal being performed at 500° C which is in the range disclosed by Applicant’s instant specification (paragraph 0025). The same materials arranged in the same manner and treated by the same processes will have the same result).
Allowable Subject Matter
Claims 7, 13, and 14 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.
Conclusion
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/V.R.G./Examiner, Art Unit 2899
/ZANDRA V SMITH/Supervisory Patent Examiner, Art Unit 2899
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