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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) was submitted on 9/11/23. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement has been considered by the examiner.
Specification
The title of the invention is not descriptive as it is generic. A new title is required that is clearly indicative of the invention to which the claims are directed.
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 10-15 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 10 recites “a source/drain pattern” (line 4) and also “a first source/drain pattern” and “a second source/drain pattern” (line 5). It is unclear to the examiner whether the “a source/drain pattern” was a typographical error and was not intended to be part of the claim since the claim later introduces “a first source/drain pattern” and “a second source/drain pattern. Alternatively, the claim could be interpreted as-written and “a source/drain pattern” is different from “a first source/drain pattern” and “a second/drain pattern.” Because there is support for both interpretations, the claim is rendered indefinite. For the purposes of examination, the examiner interprets the former interpretation (i.e., deleting “a source/drain pattern”). However, appropriate correction and/or clarification is requested. Claims 11-15 inherit the 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, rejections based on their dependencies on claim 10.
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.
Claim(s) 1 is/are rejected under 35 U.S.C. 102(a)(1), or alternatively 102(a)(2), as being anticipated by Kim et al. (U.S. 2023/0106015 A1; “Kim”).
The applied reference has a common assignee with the instant application. Based upon the earlier effectively filed date of the reference, it constitutes prior art under 35 U.S.C. 102(a)(2). This rejection under 35 U.S.C. 102(a)(2) might be overcome by: (1) a showing under 37 CFR 1.130(a) that the subject matter disclosed in the reference was obtained directly or indirectly from the inventor or a joint inventor of this application and is thus not prior art in accordance with 35 U.S.C. 102(b)(2)(A); (2) a showing under 37 CFR 1.130(b) of a prior public disclosure under 35 U.S.C. 102(b)(2)(B) if the same invention is not being claimed; or (3) a statement pursuant to 35 U.S.C. 102(b)(2)(C) establishing that, not later than the effective filing date of the claimed invention, the subject matter disclosed in the reference and the claimed invention were either owned by the same person or subject to an obligation of assignment to the same person or subject to a joint research agreement.
Regarding claim 1, Kim discloses a semiconductor device, comprising:
A substrate (101, Fig. 1);
A lower power line buried (180, Fig. 1) in a lower portion of the substrate (101, Fig. 1);
A source/drain pattern (130, Fig. 1) on the substrate (101, Fig. 1);
An interlayer insulating layer (192, Fig. 1) on the source/drain pattern (130, Fig. 1); and
A back-side contact (142, Fig. 1) penetrating the substrate and electrically connecting the lower power line (180, Fig. 1) to the source/drain pattern (130, Fig. 1), wherein the back-side contact (142, Fig. 1) penetrates the source/drain pattern (130, Fig. 1) and includes a first (top) surface in contact with the interlayer insulating layer (192, Fig. 1) ([0018]).
Claim Rejections - 35 USC § 103
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 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(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. (U.S. 2023/0106015 A1; “Kim”) as applied to claim 1 above, and further in view of Ju et al. (U.S. 2021/0351303 A1; “Ju”).
Regarding claim 3, Kim discloses a back-side contact (142, Fig. 1) ([0019]) but does not disclose it comprises a back-side spacer. However, Ju discloses a back-side spacer (118, Fig. 2) interposed between a back-side contact (120, Fig. 2) and a substrate, wherein the back-side spacer (118, Fig. 2) covers a portion of a side surface of the back-side contact (120, Fig. 2) ([0027]). This has the advantage of protecting sidewalls of the back-side contact. Therefore, it would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to modify the invention of Kim with a back-side spacer interposed between the back-side contact and the substrate, as taught by Kim, so as to protect sidewalls of the back-side contact.
Allowable Subject Matter
Claims 16-20 are allowed.
Claim 16 contains allowable subject matter because of the limitation of a back-side contact penetrating the substrate and electrically connecting the lower power line to the source/drain pattern; and a silicide layer interposed between the back-side contact and the source/drain pattern, wherein the back-side contact has a first width at a low level thereof, a second width at a middle level thereof, and a third width at a high level thereof, wherein the first width is larger than the second width, and the third width is larger than the second width. Claims 17-20 depend on claim 16.
Claims 2 and 4-9 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 10-15 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
Claim 10 contains allowable subject matter because of the limitation of an active contact penetrating the interlayer insulating layer and electrically connected to the first source/drain pattern; and a back-side contact penetrating the substrate and electrically connecting the lower power line to the second source/drain pattern, wherein a level of a bottommost surface of the active contact is lower than a level of a top surface of a lowermost one of the semiconductor patterns, and a level of a top surface of the back-side contact is higher than the level of the top surface of the lowermost one of the semiconductor patterns [of the channel pattern]. Claims 11-15 depend on claim 10.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to REEMA PATEL whose telephone number is (571)270-1436. The examiner can normally be reached M-F, 8am-5pm EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Christine Kim can be reached at (571)272-8458. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/REEMA PATEL/Primary Examiner, Art Unit 2812 12/8/2025