DETAILED ACTION
This Office Action is in response to Applicant’s Election dated 12/6/2025.
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 .
Election/Restrictions
Claims 1-10 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention. Election was made without traverse in the reply filed on 12/6/25.
Applicant’s election without traverse of claims 11-18 in the reply filed on 12/6/25 is acknowledged.
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.
(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 11-16 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Yoon et al [US 2013/0005110]
► With respect to claim 11, Yoon et al (fig 14, text [0001]-[0095]) discloses the claimed semiconductor device comprising:
at least a base (120) and a capacitor;
wherein the capacitor (text [0066]-[0068]) comprises:
a first supporting layer (152s), a second supporting layer (154s) and a third supporting layer (156s) disposed sequentially parallel to the base;
first electrode layers (180) disposed perpendicular to the base and penetrating the first supporting layer, the second supporting layer and the third supporting layer, wherein filling sub-layers (175) are disposed between the second supporting layer and the first electrode layers;
a dielectric layer (182) covering surfaces of the first electrode layers, the first supporting layer, the second supporting layer and the third supporting layer; and
a second electrode layer (184) covering a surface of the dielectric layer.
► With respect to claim 12, Yoon et al (text [0029]) discloses conductive structures (130) located in the base and connected with the first electrode layers.
► With respect to claim 13, Yoon et al (text [0034]) discloses wherein a material of the first supporting layer, the second supporting layer, or the third supporting layer comprises at least one of silicon oxide, silicon nitride, silicon carbonitride, or silicon oxynitride.
► With respect to claim 14, Yoon et al (text [0051]) discloses a material of the first electrode layers or the second electrode layer comprises at least one of metal nitride or metal silicide.
► With respect to claim 15, Yoon et al (text [0066]) discloses a material of the dielectric layer comprises at least one of zirconium oxide, hafnium oxide, zirconium titanium oxide, ruthenium oxide, antimony oxide, or aluminum oxide.
► With respect to claim 16, Yoon et al (text [0049]) discloses a material of the filling sub-layers comprises silicon oxide, silicon nitride, silicon carbonitride or silicon oxynitride.
► With respect to claim 17, Yoon et al discloses the second supporting layer and the first electrode layers are not in direct contact, the filling sub-layers (175) are blocks between the second supporting layer. Interpreting the claim in broad scope when materials of the first supporting layer, the third supporting layer and the filling sub-layers are the same, claimed structure of figure 14 of Yoon et al discloses the first supporting layer and the first electrode layers are in direct contact, the third supporting layer and the first electrode layers are in direct contact (the first supporting layer 152s/175 & the third supporting layer 156s/175 when materials of 152s, 175 & 156s are the same)
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, 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.
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Yoon et al [US 2013/0005110] in view of Wang et al [WO 2021/175154]
► With respect to claim 18, the claimed width of the second supporting layer relative the the claimed width of the first supporting layer or the third supporting layer would have been obvious to an ordinary artisan practicing the invention because, absent evidence of disclosure of criticality for the range giving unexpected results, it is not inventive to discover optimal or workable ranges by routine experimentation. In re Aller, 220 F.2d 454, 105 USPQ 233, 235 (CCPA 1955). Furthermore, it appears that these changes produce no functional differences and therefore would have been obvious. See In re Woodruff, 919 F.2d 1575, 1578, 16 USPQ2d 1934, 1936 (Fed. Cir. 1990).
Conclusion
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/THANHHA S PHAM/Primary Examiner, Art Unit 2812