CTNF 18/380,883 CTNF 81344 Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia 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 07-30-02 AIA 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. 07-34-01 Claim 16 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. 07-34-05 AIA Claim 16 recites the limitation " the filling layer " in line 12 . There is insufficient antecedent basis for this limitation in the claim. Claim Rejections - 35 USC § 103 07-06 AIA 15-10-15 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. 07-20-aia AIA 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. 07-23-aia AIA 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. 07-21-aia AIA Claim (s) 1 and 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Huang (US Pat. Pub. 2021/0090939) in view of Park et al. (US Pat. Pub. 2016/0315081) . Regarding claim 1, Huang teaches a method for fabricating a semiconductor device, comprising: providing a substrate [fig. 6, 101]; forming a plurality of conductive layers on the substrate and forming a plurality of hard mask layers on the plurality of conductive layers [fig. 12, conductive layers 103a/b/c, hard masks 115a1/b1/c1/a2/b2/c2 and 105a/b/c]; forming a filling layer between the plurality of conductive layers and between the plurality of hard mask layers and forming an air gap in the filling layer [fig. 16, filling layer 143a1/b1/c1/a2/b2/c2 and air gaps 150a/b/c/d]; and forming a dielectric layer on the plurality of hard mask layers and the filling layer [fig. 16, 160a/b/c/d]; While Huang teaches a filling layer they fail to teach the use of boron carbonitride. However, Park teaches forming an air gap in a filling layer between fin structures with a dielectric layer formed on the fins and the filling layer, the filling layer being silicon boron carbonitride [fig. 3a, 150f, paragraph [0063]]. It would have been obvious to one of ordinary skill in the art at the time of the invention to incorporate the teachings of Park into the method of Huang by forming the filling layer out of silicon boron carbonitride. The ordinary artisan would have been motivated to modify Huang in the manner set forth above for at least the purpose of utilizing known effective materials to achieve desired transistor properties and performance. Regarding claim 2, Huang in view of Park discloses the method for fabricating the semiconductor device of claim 1, wherein forming the plurality of conductive layers and forming the plurality of hard mask layers comprising: forming a layer of conductive material on the substrate [Huang, fig. 6, 103]; forming a layer of hard mask material on the layer of conductive material [paragraph [0067]]; performing a first hard mask etching process to turn the layer of hard mask material into the plurality of hard mask layers on the layer of conductive material [fig. 6, 105a/b/c, paragraph [0067]]; and performing a first etching process to turn the layer of conductive material into the plurality of conductive layers [fig. 12, 103a/b/c formed after 103 etched, paragraph [0075] teaches etching] . Allowable Subject Matter 12-151-08 AIA 07-43 12-51-08 Claim s 3-15 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. Claim 16 above is rejected under 35 USC 112 but is believed to be allowable if rewritten to correct the indefiniteness above. 13-03-01 AIA The following is a statement of reasons for the indication of allowable subject matter: Regarding claim 3, the prior art fails to disclose or suggest the method as claimed. Specifically the prior art fails to teach forming a layer of filling material to cover top surface of the hard mask layers and partially fill a space between the plurality of conductive layers, wherein the air gap is formed n the layer of filling materials and performing a planarization process until the top surfaces of the plurality of hard masks layers are exposed to turn the layer of filling material into the filling layer . Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOHN M PARKER whose telephone number is (571)272-8794. The examiner can normally be reached M-F 7:30am - 3:30pm. 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. 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If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /JOHN M PARKER/Examiner, Art Unit 2899 Application/Control Number: 18/380,883 Page 2 Art Unit: 2899 Application/Control Number: 18/380,883 Page 3 Art Unit: 2899 Application/Control Number: 18/380,883 Page 4 Art Unit: 2899 Application/Control Number: 18/380,883 Page 5 Art Unit: 2899 Application/Control Number: 18/380,883 Page 6 Art Unit: 2899