DETAILED ACTION
Claim Rejections - 35 USC § 112
1. 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.
2. Claims 1 – 5, 21 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 pre-AIA the applicant regards as the invention.
In claim 1, lines 12 - 14, “the via comprises: an additional curved edge that fits a second circle in the top view” is unclear as to whether it is being referred to “the first via comprises: an additional curved edge that fits a second circle in the top view” or “the second via comprises: an additional curved edge that fits a second circle in the top view”
Claim Rejections - 35 USC § 102
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) 18, 23, 26, 27 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tsai et al. (9496217).
With regard to claim 18, Tsai et al. disclose a structure (for example, see figs. 9A, 9B) comprising:
a dielectric layer (55);
a metal line (140; for example, see column 9, lines 41 - 52) in the dielectric layer (55), and a via (165) underlying (as shown in fig. 9B) and joined to the metal line (140), wherein the via (165) comprises:
a straight edge (referred to as “B1” by examiner’s annotation shown in fig. 9A below; wherein the top edge B1 of the metal line 140 functioning as a straight edge) comprising a first end (referred to as “E1” by examiner’s annotation shown in fig. 9A below) and a second end (referred to as “E2” by examiner’s annotation shown in fig. 9A below) in a top view of the structure, wherein the first end (E1) and the second end (E2) are opposite ends of the straight edge (B1); and
a curved edge (referred to as “165A1” by examiner’s annotation shown in fig. 9A below) comprising a third (referred to as “E3” by examiner’s annotation shown in fig. 9A below) and a fourth end (referred to as “E4” by examiner’s annotation shown in fig. 9A below) in the top view of the structure, wherein the third end (E3) and the fourth end (E4) are opposite ends of the curved edge (165A1), and
wherein the third end (E3) is joined to the first end (E1), and the fourth end (E4) is indirectly joined (joined in the metal line 140) to the second end (E2).
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With regard to claim 23, Tsai et al. disclose in the top view, the straight edge (the straight edge in smaller circle, forming in the larger circle) is shorter than the curved edge (165A1).
With regard to claim 26, Tsai et al. disclose in the top view of the structure, the metal line (140) comprises: a first edge (referred to as “ED1” by examiner’s annotation shown in fig. 9A below) aligned with the straight edge (B1) of the via (165); and a second edge (referred to as “ED2” by examiner’s annotation shown in fig. 9A below) parallel to the first edge (ED1), and wherein in the top view, the curved edge (165A1) of the via (165) is spaced apart from the second edge (ED2) of the metal line (140).
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With regard to claim 27, Tsai et al. disclose in the top view of the structure, the metal line (140) has a greater width (referred to as “W1” by examiner’s annotation shown in fig. 9A below) than a width (referred to as “W2” by examiner’s annotation shown in fig. 9A below; wherein the via 165 having a width of small circle as shown in the top view) of the via (165).
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Allowable Subject Matter
5. Claims 9, 11 – 16, 22 are allowable over the prior art of record because none of these references disclose or can be combined to yield the claimed invention such as a first via underlying the first metal line, wherein an entirety of the first via is in a first region directly underlying the first metal line, and the first via comprises: a first curved edge directly underlying the first metal line, wherein in a top view of the structure, the first curved edge fits a first circle; and a first straight edge vertically aligned to an edge of the first metal line, wherein the first straight edge is joined to the first curved edge; and a second via underlying the second metal line, wherein an entirety of the second via is in a second region directly underlying the second metal line, and the second via comprises: a second curved edge directly underlying the second metal line, wherein in the top view of the structure, the second curved edge fits a second circle, and the second circle directly touches the first circle in the top view; and a second straight edge vertically aligned to an additional edge of the second metal line, wherein the second straight edge is joined to the second curved edge as recited in claim 9.
6. Claims 24, 25 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.
Claims 24, 25 are allowable over the prior art of record, because none of these references disclose or can be combined to yield the claimed invention such as the metal line overlaps a first part of the circle, and a second part of the circle is vertically offset from the metal line as recited in claim 24.
Response to Amendment
7. Applicant's arguments with respect to claims have been considered but are moot in view of the new ground(s) of rejection.
Conclusion
8. 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 extension fee 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 date of this final action.
9. Any inquiry concerning this communication or earlier communications from the examiner should be directed to TAN N TRAN whose telephone number is (571) 272 - 1923. The examiner can normally be reached on 8:30-5:00PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Davienne Monbleau can be reached on (571) 272-1945. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TAN N TRAN/
Primary Examiner, Art Unit 2812
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