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 .
Election/Restrictions
Applicant’s election of Group II, claims 9-20 in the “Amendments and Response To Restriction Requirement” filed on December 26, 2025 (hereinafter the “Reply”) is acknowledged. The Reply did not indicate whether the election was with or without traverse. Accordingly, pursuant to paragraph eight (8) of the Restriction Requirement dated November 26, 2025, the election of Group II, claims 9-20 shall be treated as being made without traverse.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on September 25, 2023 is in compliance with the provisions of 37 CFR 1.97 and 1.98. Accordingly, the IDS is being considered by the Examiner.
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 11, 16, 17, 19, and 20 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.
Regarding claim 11, line 2-3 recite: “wherein the below of the spacer has an isolation structure, and the contact opening exposes a portion of the isolation structure.” This recited language is ambiguous and clarification and/or correction are/is required to make its meaning clear and precise whereby the metes and bounds of the claimed invention can be ascertained. No new matter may be added. For example, it is unclear whether “an isolation structure” has been fabricated or formed as a step of the method for manufacturing the DRAM because such fabrication or formation was not previously recited. As another example, the recited language “the below of the spacer” appears to be a literal translation into English from the Taiwanese language application serial No. 111142755, filed on November 9, 2022 (hereinafter the “Taiwanese application”) and fails to conform with current U.S. practice. For purpose of examination, the Examiner is interpreting lines 2-3 of claim 11 as reciting, “further comprising fabricating an isolation structure located below the spacer, and the contact opening exposes a portion of the isolation structure” because of this ambiguity. Claims 19 and 20 are also indefinite as a consequence of their dependency on claim 11.
Regarding claim 16, lines 2-3 recite: “wherein the contact is directly in contact with a side wall of the spacer and at least a portion of the below of the spacer.” This recited language is ambiguous and clarification and/or correction are/is required to make its meaning clear and precise whereby the metes and bounds of the claimed invention can be ascertained. No new matter may be added. For example, the recitation of “wherein the contact is directly in contact with a side wall of the spacer” is ambiguous because of the redundant use of “contact”. As another example, the recitation of “at least a portion of the below of the spacer” is ambiguous because it is unclear what structure of the DRAM is being referred to as “a portion of the below of the spacer”. For purpose of examination, the Examiner is interpreting lines 2-3 of claim 16 as reciting, “wherein the contact directly touches a side wall of the spacer” because of these ambiguities.
Regarding claim 17, lines 2-5 recite: “wherein the contact has a first bottom surface and a second bottom surface, the first bottom surface is in contact with the active area, the second bottom surface is in contact with the isolation structure, and the second bottom surface is higher than the first bottom surface.” This recited language is ambiguous and clarification and/or correction are/is required to make its meaning clear and precise whereby the metes and bounds of the claimed invention can be ascertained. No new matter may be added. For example, “the isolation structure” lacks antecedent basis and it is unclear whether it’s fabrication or formation is a step of the method for manufacturing the DRAM because such fabrication or formation was not previously recited. As another example, “wherein the contact has a first bottom surface and a second bottom surface, the first bottom surface is in contact with the active area, the second bottom surface is in contact with the isolation structure” is ambiguous because of the redundant use of “contact”. As an additional example, the term “higher” is a relative term which renders the claim indefinite because there is no recited reference frame or standard for one of ordinary skill in the art to determine whether “the second bottom surface is higher than the first bottom surface.” For purpose of examination, the Examiner is interpreting lines 2-5 of claim 17 as reciting, “further comprising fabricating an isolation structure, and wherein the contact has a first bottom surface and a second bottom surface, the first bottom surface touches the active area, and the second bottom surface touches the isolation structure” because of these ambiguities.
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.
Claims 9-12 and 14-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2012/0228702 A1 (Wu).
Regarding claim 9, Wu discloses, A method ([0002]) for manufacturing a dynamic random access memory (DRAM) (dynamic random access memory (DRAM) (100); FIG. 2; [0148]-[0150]), comprising:
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providing a substrate (substrate (1); FIG. 2; [0150]) having an active area (active area (1A); FIG. 2; [0150]);
forming a plurality of bit line structures (bit line structures (27); FIG. 2; [0150]) on the substrate (1), wherein each of the bit line structures (27) at least comprises a conductive structure (conductive structure (25); FIG. 24A; [0220]), an insulating cover layer (insulating cover layer (26); FIG. 24A; [0220])
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and a spacer (spacer (30); FIG. 26A; [0222]), the insulating cover layer (26) is disposed on the conductive structure (25), the spacer (30) is disposed on a side wall (annotated FIG. 26A, below) of the conductive structure (25) and a side wall (annotated FIG. 26A, below) of the insulating cover layer (26), and the conductive structure (25) is configured to be electrically connected ((27A); FIG. 2; [0156]) with the active area (1A),
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wherein a groove (groove (32A); FIG. 29A; [0228]) is formed between the adjacent bit line structures (27), and the groove (32A) exposes a portion of the active area (1A);
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performing an oxidation process so that the exposed active area (1A) is formed into an oxide layer (oxide layer (2A); FIG. 29A; [0192]);
removing the oxide layer (2A) ([0204]) so that the groove (32A) extends below the spacer (30) to form a contact opening (first annotated FIG. 32A, below); and
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forming a contact (contact (44 and/or 45); FIG. 2; [0156] and [0168]) in the contact opening (first annotated FIG. 32A, above).
Regarding claim 10, Wu discloses, The method ([0002]) for manufacturing the DRAM (100) according to claim 9, wherein the step of forming the groove (32A) further comprises performing an etch-back process ([0204]) to increase a depth of the groove (32A) (compare annotated FIG. 29A, above, to first annotated FIG. 32A, above).1
Regarding claim 11, Wu discloses, The method ([0002]) for manufacturing the DRAM (100) according to claim 9, wherein the below of the spacer (30) has an isolation structure (isolation structure (20A); first annotated FIG. 32A, above; [0156]), and the contact opening exposes a portion of the isolation structure (20A) (first annotated FIG. 32A, above).2
Regarding claim 12, Wu discloses, The method ([0002]) for manufacturing the DRAM (100) according to claim 9, wherein a bottom surface (second annotated FIG. 32A, below) of the contact opening has a cross section in a step shape (second annotated FIG. 32A, below).
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Regarding claim 14, Wu discloses, The method ([0002]) for manufacturing the DRAM (100) according to claim 9, wherein one of the bit line structures (27) further comprises an insulating layer (insulating layer (20A); third annotated FIG. 32A, below; [0156]), the insulating layer (20A) is located between the conductive structure (25) and the substrate (1), and the contact opening extends below the one of the bit line structures (27) (third annotated FIG. 32A, below).
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Regarding claim 15, Wu discloses, The method ([0002]) for manufacturing the DRAM (100) according to claim 9, wherein the contact (44 and/or 45) is embedded in the substrate (1).
Regarding claim 16, Wu discloses, The method ([0002]) for manufacturing the DRAM (100) according to claim 9, wherein the contact (44 and/or 45) is directly in contact with a side wall (annotated FIG. 2, above) of the spacer (30) and at least a portion of the below of the spacer (30).3
Regarding claim 17, Wu discloses, The method ([0002]) for manufacturing the DRAM (100) according to claim 9, wherein the contact (44 and/or 45) has a first bottom surface (annotated FIG. 2, above) and a second bottom surface (annotated FIG. 2, above), the first bottom surface (annotated FIG. 2, above) is in contact with the active area (1A), the second bottom surface (annotated FIG. 2, above) is in contact with the isolation structure (isolation structure (40); FIG. 2; [0156]), and the second bottom surface (annotated FIG. 2, above) is higher than the first bottom surface (annotated FIG. 2, above).4
Regarding claim 18, Wu discloses, The method ([0002]) for manufacturing the DRAM (100) according to claim 9, wherein the contact (44 and/or 45) comprises a first portion (first portion (43A); FIG. 2; [0158]) and a second portion (second portion (39A); FIG. 2; [0158]), the first portion (43A) is formed on the second portion (39A), and a material of the first portion (43A) is different from that of the second portion (39A) ([0159]).
Regarding claim 19, Wu discloses, The method ([0002]) for manufacturing the DRAM (100) according to claim 11, wherein an edge (annotated FIG. 2, above) of the isolation structure (20A) is located within the contact (44 and/or 45).
Regarding claim 20, Wu discloses, The method ([0002]) for manufacturing the DRAM (100) according to claim 11, further comprising:
forming a capacitor (capacitor (48); FIG. 2; [0152]) disposed above the contact (44 and/or 45).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Wu.
Regarding claim 13, Wu discloses, The method ([0002]) for manufacturing the DRAM (100) according to claim 9, wherein the contact opening has a first width (fourth annotated FIG. 32A, below), a second width (fourth annotated FIG. 32A, below), and a third width (fourth annotated FIG. 32A, below), the first width (fourth annotated FIG. 32A, below) is farthest from the substrate, the third width is the closest to the substrate (1), and the second width (fourth annotated FIG. 32A, below) is located between the first width (fourth annotated FIG. 32A, below) and the third width (fourth annotated FIG. 32A, below).
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But, Wu does not appear to explicitly disclose, and the second width is greater than the first width and the third width.
However, there are a finite number of predicable solutions regarding the second width of the contact opening relative to the first and third widths of the contact opening—i.e., (i) the second width can be greater than or equal to the first width and less than or equal to the third width, (ii) the second width can be greater than the third width and less than the first width, (iii) the second width can be less than the first width and the third width, or (iv) the second width can be greater than the first width and the third width, as recited in claim 13, and, absent unexpected results, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, having the teaching of Wu before him/her to try each of these widths with a reasonable expectation of success. See, MPEP 2143(E)—“Obvious To Try” – Choosing From a Finite Number of Identified, Predicable Solutions, With a Reasonable Expectation of Success.
Conclusion
The prior art made of record and not relied upon is considered pertinent to Applicant's disclosure.
(a) US 10,475,794 B1—Discloses a method of manufacturing a dynamic random access memory (DRAM) (Col. 1, lines 9-11) that includes an active area (14), a substrate (16) and a plurality of bit line structures (12, 26, 28, and 48) (FIG. 2). The plurality of bit line structures (12, 26, 28, and 48) each include a conductive structure (36), an insulating cover layer (38), and a spacer (30 and 32). Also discloses grooves (52) (FIG. 3) formed between adjacent bit line structures (12, 26, 28, and 48).
(b) US 2023/0389293 A1—Discloses a method of manufacturing a dynamic random access memory (DRAM) ([0043]) that includes a substrate (10), an active area (20), a plurality of bit line structures (60) (FIG. 11B). Also discloses that the plurality of bit line structures (60) include a conductive structure (611), a spacer (62) (FIG. 12), and an insulating cover layer (71) (FIG. 13B). Additionally discloses a capacitor (90) above conductive structure (52) (FIG. 17).
(c) Srinivasan et al., Quartz Etch Process To Improve Etch Depth Linearity And Uniformity Using Mask Etcher IV, 2004, 24th Annual BACUS Symposium on Photomask Technology, Proceedings of SPIE Vol. 5567, pages 176-182 (Year: 2004)—Discloses that it was well-known to one of ordinary skill in the art before the effective filing date of the claimed invention to perform an etch-back process to control/increase depth of a groove.
Any inquiry concerning this communication or earlier communications from the Examiner should be directed to Erik A. Anderson whose telephone number is (703) 756-1217. The Examiner can normally be reached Monday-Friday 8:30 a.m.-4:30 p.m. (Pacific Time Zone).
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, William B. Partridge, can be reached at (571) 270-1402. The fax phone number for the organization where this application or proceeding is assigned is (571) 273-8300.
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/ERIK A. ANDERSON/Examiner, Art Unit 2812
/William B Partridge/Supervisory Patent Examiner, Art Unit 2812
1 Please also see, Srinivasan et al., Quartz Etch Process To Improve Etch Depth Linearity And Uniformity Using Mask Etcher IV, 2004, 24th Annual BACUS Symposium on Photomask Technology, Proceedings of SPIE Vol. 5567, pages 176-182 (Year: 2004), cited below in the Examiner’s cited references, which discloses that it was well-known to one of ordinary skill in the art before the effective filing date of the claimed invention to perform an etch-back process to control/increase depth of a groove.
2 Please see the rejection of claim 11 under 35 U.S.C. 112(b), above, for how the language of lines 2-3 of claim 11 is being interpreted for purpose of examination.
3 Please see the rejection of claim 16 under 35 U.S.C. 112(b), above, for how the language of claim 16 is being interpreted for purpose of examination.
4 Please see the rejection of claim 17 under 35 U.S.C. 112(b), above, for how the language of claim 17 is being interpreted for purpose of examination.