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 .
The indicated allowability of claim 18 is withdrawn in view of further considerations of the references to Junker et al. and Wang et al. Rejections based on the cited references follow.
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.
Claims 1-3, 8, 15-17, and 19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Junker et al. (US 2011/0210401).
Regarding claim 1, Junker discloses an integrated circuit comprising:
a first transistor (205) including an active region (regions 213 and region 203 between adjacent regions 213) [Fig. 15];
a first stressor (219) of a first stressor type located directly over the active region [Fig. 15];
a second stressor (215) of a second stressor type opposite the first stressor type located directly over the active region (213), wherein the first stressor and the second stressor each includes a portion that directly overlaps each other [Fig. 15].
wherein the first stressor (219) is made of a first material and the second stressor (215) is made of a second material (different material) that is etch selectable from the first material (219) [Figs. 15 and 7-9, and paragraphs 0024, 0034 and 0039].
Regarding claim 2, Junker discloses wherein the first stressor (219) and the second stressor (215) each include a portion that directly overlaps each other directly over the active region (213) [Fig. 15].
Regarding claim 3, Junker discloses wherein the first stressor and the second stressor each include a portion that directly overlaps each other directly over a current terminal region (213) of the first transistor [Fig. 15].
Regarding claim 8, Junker discloses wherein the first stressor (219) includes a portion (e.g. portion located above sidewalls 211 and silicide layer 213) that does not directly overlap with a portion of the second stressor (215) [Fig. 15].
Regarding claim 15, the court has held that a preamble is not limiting “where a patentee defines a structurally complete invention in the claim body and uses the preamble only to state a purpose or intended use for the invention” Catalina Marketing International Inc. v. Coolsavings.com Inc., 62 USPQ2d 1781 (CA FC 2002) citing Rowe v. Dror, 112 F.3d 473, 478, 42 USPQ2d 1550, 1553 (Fed. Cir. 1997).
Regarding claim 16, Junker discloses wherein the first stressor and the second stressor each include silicon nitride [paragraph 0024, 0027, and 0055-0057].
Regarding claim 17, Junker discloses wherein the first transistor (205) includes a gate structure (209) , wherein the first stressor (219) is located directly over the gate structure and the second stressor (215) is not located directly over the gate structure [Fig. 15].
Regarding claim 19, Junker discloses wherein the first stressor serves as an etch stop layer for forming a terminal contact of the first transistor [paragraphs 0002 and 0005].
Claims 1, 4 and 15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wang et al. (US 8748248).
Regarding claim 1, Wang discloses an integrated circuit comprising:
a first transistor (13/33) including an active region (regions 14/34 and region 10/30 between adjacent regions 14/34) [Figs. 1 and 4];
a first stressor (15/17, 35/37) of a first stressor type located directly over the active region [Figs. 1 and 4];
a second stressor (16,36) of a second stressor type opposite the first stressor type located directly over the active region, wherein the first stressor and the second stressor each includes a portion that directly overlaps each other [Figs. 1 and 4];
wherein the first stressor (15/17,35/37) is made of a first material and the second stressor (16/36) is made of a second material that is etch selectable from the first material [col. 4, lines 46-64 and col. 5, lines 8-15].
Regarding claim 4, Wang discloses wherein the first stressor and the second stressor each include a portion that directly overlaps each other directly over a channel region of the first transistor (13/33) [Figs. 1 and 4].
Regarding claim 15, The court has held that a preamble is not limiting “where a patentee defines a structurally complete invention in the claim body and uses the preamble only to state a purpose or intended use for the invention” Catalina Marketing International Inc. v. Coolsavings.com Inc., 62 USPQ2d 1781 (CA FC 2002) citing Rowe v. Dror, 112 F.3d 473, 478, 42 USPQ2d 1550, 1553 (Fed. Cir. 1997).
Allowable Subject Matter
Claims 7, 11-14, 18 and 20 are allowed.
Claims 5-6 and 9-10 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.
Response to Arguments
Applicant’s arguments with respect to claim 18 have been considered but are moot.
In the instant case, Junker teaches that “the first and second stressor materials may be…different” [paragraph 0024], and that the second stressor (215) is removed with a suitable etching step [paragraphs 0039. Also, see Figures 7-8 and paragraph 0034]. Hence, Junker does teach the limitation “wherein the first stressor is made of a first material and the second stressor is made of a second material that is etch selectable from the first material.”
In addition, Wang teaches a first stressor stack comprising a liner (35) and a hard mask (37), and a second stressor (36) [Fig. 4]; wherein the material of the hard mask (37) of the first stressor stack is different from the material of the second stressor (36) [col. 5, lines 8-15], and the second stressor is further etched relative to the first stressor stack [col. 4, lines 56-61]. Also, Wang teaches that the first and second liners (35) and (36) are not limited to the same material [col. 4, lines 10-15]. Hence, Wang does teach the limitation “wherein the first stressor is made of a first material and the second stressor is made of a second material that is etch selectable from the first material.”
As such, the rejections are considered to be proper.
Conclusion
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/Jose R Diaz/Primary Examiner, Art Unit 2815
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