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 .
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.
Claims 1 – 9 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.
Claim 1 recites the limitation “modifying the thick-metal density range.” The scope of the scope of the claim is unclear since it is not known what “modifying” involves. Is the modifying step part of an abstract idea that would be a part of the design process? Does the structure have an initial density range that is modified in some direction to constrain warpage? How is the density range modified? Is the density range increased or decreased? What is the process applied to modify the range?
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.
(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, 2, 5, 8, and 9 are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by US Patent Application Publication No. 2017/0372997 to Tsukamoto.
Regarding claim 1, as best understood, Tsukamoto teaches a method of fabricating a semiconductor structure fabricating the semiconductor structure by forming the layers of metal patterns (30, 104) on the wafer substrate, and a thickness of the thick-metal layer (30) is twice or more of a thickness of one of the layers of metal patterns next to the thick-metal layer (¶ [0091]). The abstract limitations of providing a density range for a model structure and modifying the thick-metal density range have not been given patentable weight. As best understood, these limitation are not positive recitations of any processing steps, but are drawn to the design process, which are considered mere mental steps that could also be done with pencil and paper.
Claims 2, 5, 8, and 9 have not been given patentable weight, since the claims seem to be drawn to the abstract idea of the design process, not involving any fabrication steps.
Allowable Subject Matter
Claims 10 – 20 are allowed.
The following is a statement of reasons for the indication of allowable subject matter: The prior art of record does not teach or reasonably suggest a semiconductor structure as recited in claim 10 including “first dummy patterns, a first overall distribution density of the first electric transmission patterns and the first dummy patterns is greater than the first pattern distribution density by ≤125% of the first pattern distribution density”; nor
a semiconductor structure as recited in claim 18 including “dummy patterns, wherein an overall distribution density of the electric transmission patterns and the dummy patterns is greater than the pattern distribution density by ≤20% of the pattern distribution density.”
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US Patent Application Publication No. 2016/0300845 to Ishizaki et al. teach a semiconductor structure and method of fabrication including multiple metal layers and relaxed warpage. Ishizaki et al. do not teach the thick metal layer or first dummy patterns.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DOUGLAS W OWENS whose telephone number is (571)272-1662. The examiner can normally be reached M-F 5:30-1:30.
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DOUGLAS W. OWENS, Esq.
Primary Patent Examiner
Art Unit 2897
/DOUGLAS W OWENS/Primary Patent Examiner, Art Unit 2897