DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Amendment
2. This office action is responsive to applicant’s amendment filed on 04/08/2026. Claims 1-3 are pending. Claims 1, 3 have been amended. The applicant’s amendment with respect to claim 3 raise new ground of rejection under 35 U.S.C 102(a)(1) and/or 102(a)(2) as discussed below.
Response to Arguments
3. Regarding to previous ground of rejection under 35 U.S.C 112(b), the examiner acknowledged the applicant’s amendment with respect to claim 1. However, upon further consideration new ground of rejection under 35 U.S.C 112(b) was set forth as discussed below. Specifically, in claim 1, applicants recite step a) through step s). However, applicants fail to disclose that there is a conjunction “and” between step a) through step s). It is unclear whether all the steps as recited in claim 1 are connect with each other using conjunction “and” or not.
4. Regarding to previous ground of rejection under 35 U.S.C 102(a)(1) and/or 102(a)(2), the applicants stated:
“Applicant respectfully submits that none of the cited prior art references disclose "wherein thin film resistor material is located between copper conductors," and "wherein there is no thin film resistor material between the copper conductors and a dielectric layer."
Claim 3 is amended herein that "no film resistor material" is "between the copper conductors and a dielectric layer." Leng does not disclose these elements. As illustrated in Leng's FIG. 2, there is thin film resistor material (TFT 200a) located between the copper conductors (metal structures 210) and the dielectric layer (dielectric barrier layer 230). For at least these reasons, Leng's does not disclose the elements of claim 1 as amended.
Ku does not cure these deficiencies. As illustrated in Ku's FIG. 1, there is thin
film resistor material (resistive thin film 111) located between the copper conductors (electrodes 112, 113 and metallization level 109) and the dielectric layer 108. For at least these reasons, Ku does not disclose the elements of claim 1 as amended.
Accordingly, Applicant respectfully submits that claim 3 is allowable under 35 U.S.C. § 102 over Leng and Ku.”
Applicant’s arguments with respect to claim 3 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Claim Rejections - 35 USC § 112
5. 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.
6. Claims 1-2 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.
In claim 1, applicants recites step a) through step s). However, applicants fail to disclose that there is a conjunction “and” between step a) through step s). It is unclear whether all the steps as recited in claim 1 are connect with each other using conjunction “and” or not. For purpose of examination, the examiner assumes that all step a) through step s) are required by using a conjunction “and” between though steps. The examiner suggests insert conjunction “and” between step r) and step s).
Claim 2 is indefinite because it depends on indefinite claim 1 .
Claim Rejections - 35 USC § 102
7. 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.
8. 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.
9. Claim 3 is rejected under 35 U.S.C. 102(a)(1) and/or 102(a)(2) as being anticipated by Miyase et al. (US 5,709,927 A1).
As to claim 3, Miyase discloses a thin film resistor wherein thin film resistor material (4) is located between copper conductors (2), wherein there is no thin film resistor material between the copper conductors (2) and a dielectric layer (1) (See col. 5 lines50-65, col. 6 lines 55 to col. 7 lines 5; Fig 1; Note: alumina substrate (as disclosed by Miyase is dielectric material; See evidence reference: Talbi et al., “Dielectric Breakdown Characteristics of Alumina”, pages 1-4; 2010 International Conference on Solid Dielectrics, Potsdam, Germany, July 4-9, 2010).
Allowable Subject Matter
10. Claim 1 would be allowable if rewritten or amended 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.
11. Claim 2 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.
12. The following is a statement of reasons for the indication of allowable subject matter: The cited prior arts fail to disclose or suggest r) etching the thin seed copper layer that was below the developed unexposed portions of the third imageable resist material layer to reveal the thin film resistor material; and s) removal of the exposed portions of the third imageable resist material layer to create a selective thin film resistor located between copper conductors in combination with all other limitations in the claim.
Conclusion
13. Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
14. Any inquiry concerning this communication or earlier communications from the examiner should be directed to BINH X TRAN whose telephone number is (571)272-1469. The examiner can normally be reached Monday-Friday.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joshua Allen can be reached at 571-270-3176. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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BINH X. TRAN
Examiner
Art Unit 1713
/BINH X TRAN/Primary Examiner, Art Unit 1713
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