DETAILED ACTION
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Cross-Reference to Related Applications
2. This application claims benefit of 63/610,173 12/14/2023.
Oath/Declaration
3. The oath/declaration filed on 01/05/2024 is acceptable.
Drawings
4. The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the features of “a first epitaxial layer in contact with a side surface of the nanostructure element and over a side surface of the inner spacer structure; and a second epitaxial layer in contact with the first epitaxial layer” must be shown or the feature(s) canceled from the claim(s) (1), lines 5-7, the features of “an epitaxial layer on the substrate and separated from the plurality of nano-sheet layers by the diffusion barrier structure” must be shown or the feature(s) canceled from the claim(s) (8), lines 9-10 and the step of “forming an epitaxial region over side surfaces of the diffusion barrier structure” must be shown or the feature(s) canceled from the claim(s) (15), line 9. No new matter should be entered.
Claim Rejections - 35 USC § 103
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 of this title, 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.
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 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.
5. Claims 1, 4-5 and 7 are rejected under 35 U.S.C. 103(a) as being unpatentable over Hsu (U.S. Publication No. 2023/0120656 A1) in view of LIN S (CN-115881765-A).
Regarding claim 1, Hsu discloses a structure, comprising:
a nanostructure element (408) on a substrate (401);
a gate structure (450) surrounding the nanostructure element (408);
an inner spacer structure (434) abutting the gate structure (450);
a first epitaxial layer (436) in contact with a side surface of the nanostructure element (408) and over a side surface of the inner spacer structure (434); and
a second epitaxial layer (440) in contact with the first epitaxial layer (438) (Fig. 30 and para [0064]-[0067]).
Hsu discloses the features of the claimed invention as discussed above, but does not disclose wherein a dopant concentration of the first epitaxial layer is less than a dopant concentration of the second epitaxial layer.
LIN S, however, discloses the dopant concentration of the second epitaxial layer structure 138 is greater than the dopant concentration of the first epitaxial layer structure 134 (Fig. 4D or 6B and English Text).
However, the selection of the claimed device parameters would have been obvious to one having ordinary skill in the art before the effective filing date was made to provide a dopant concentration of the first epitaxial layer is less than a dopant concentration of the second epitaxial layer, since it is well settle that when the general conditions of a claim are discloses in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
Regarding claim 4, Hsu and LIN S (Citations to Hsu unless otherwise noted) disclose wherein a vertical length of the first epitaxial layer (438) is greater than a thickness of the nanostructure element (408) (Fig. 30).
Regarding claim 5, Hsu and LIN S (Citations to Hsu unless otherwise noted) disclose wherein the first epitaxial layer (134) is over an edge of an interface between the nanostructure element (106) and the gate structure (140) (Fig. 4D or 6B in LIN S).
Regarding claim 7, Hsu and LIN S (Citations to Hsu unless otherwise noted) disclose wherein the first epitaxial layer (438) extends from a top edge of the side surface of the inner spacer structure (434) to a bottom edge of the side surface of the inner spacer structure (434) (Fig. 30).
Allowable Subject Matter
6. The following is a statement of reason for the indication of allowable subject matter:
Claims 8-20 would be allowed.
Regarding claim 8, YAO X (CN-116779443-A) discloses a structure, comprising: a plurality of nano-sheet layers (54) on a substrate; a gate structure (102P) surrounding the plurality of nano-sheet layers (54); an inner spacer structure (90) interposed between the plurality of nano-sheet layers (54); and a source/drain (S/D) structure (92) on the substrate and adjacent to the plurality of nano-sheet layers (54), wherein the S/D structure (92) comprises: a diffusion barrier structure (222) in contact with side surfaces of the plurality of nano-sheet layers (54) (Fig. 28B and English Text), but does not disclose an epitaxial layer on the substrate and separated from the plurality of nano-sheet layers by the diffusion barrier structure, as cited in the independent claim 8.
Claims 9-14 are directly or indirectly depend on the independent claim 8, then, they are also being allowed.
Regarding claim 15, Yoshida et al. (U.S. Publication No. 2022/0384607 A1) discloses a method, comprising: forming, on a substrate (110), a plurality of channel layers (130) alternately stacked with a plurality of sacrificial layers (120); removing a portion of each of the plurality of sacrificial layers (130) to form a plurality of recess structures; forming a plurality of inner spacers (190) in the plurality of recess structures (Figs. 1A-1F).
YAO X (CN-116779443-A) discloses forming a diffusion barrier structure (222) in contact with side surfaces of the plurality of channel layers (54) and over side surface of the plurality of inner spacers (90) (Fig. 17D or 18B and English Text).
Yoshida et al. and YAO X do not disclose forming an epitaxial region over side surfaces of the diffusion barrier structure, as cited in the independent claim 15.
Claims 16-20 are directly or indirectly depend on the independent claim 15, then, they are also being allowed.
Claims 2-3 and 6 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.
Cited Prior Arts
7. The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure.
YAO X (CN-116779443-A) discloses a structure, comprising: a plurality of nano-sheet layers (54) on a substrate; a gate structure (102P) surrounding the plurality of nano-sheet layers (54); an inner spacer structure (90) interposed between the plurality of nano-sheet layers (54); and a source/drain (S/D) structure (92) on the substrate and adjacent to the plurality of nano-sheet layers (54), wherein the S/D structure (92) comprises: a diffusion barrier structure (222) in contact with side surfaces of the plurality of nano-sheet layers (54) (Fig. 28B and English Text)
Yoshida et al. (U.S. Publication No. 2022/0384607 A1) discloses a method, comprising: forming, on a substrate (110), a plurality of channel layers (130) alternately stacked with a plurality of sacrificial layers (120); removing a portion of each of the plurality of sacrificial layers (130) to form a plurality of recess structures; forming a plurality of inner spacers (190) in the plurality of recess structures (Figs. 1A-1F).
Conclusion
8. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Phuc T. Dang whose telephone number is 571-272-1776. The examiner can normally be reached on 8:00 am-5:00 pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Jacob Choi can be reached on 469-295-9060. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PHUC T DANG/Primary Examiner, Art Unit 2897
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