DETAILED ACTION
Claims 1-20 are pending before the Office for review.
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.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-3, 7-8 and 10-15 are rejected under 35 U.S.C. 103 as being unpatentable over HAM et al (U.S. Patent Application Publication 2017/0148643) in view of HE (U.S. Patent Application Publication 2016/0181103).
With regards to claim 1, Ham discloses a method of fabricating a semiconductor device, the method comprising: forming a mask layer (120) on a substrate (110) in which a cell region (A1) and a periphery region (A2) at least partially surrounding the cell region are defined; forming a first mask pattern (131) comprising a plurality of cell lines extending on the mask layer (120) in the cell region (A1), the plurality of cell lines being separated from one another by a first interval (d1) and being parallel to each other (Paragraphs [0022]-[0032], [0063]-[0067], Figure 8), the first mask pattern further comprising a plurality of periphery lines (132) extending on the mask layer (120) in the periphery region (A2), the plurality of periphery lines being separated from one another by a second interval (d2) that is less than the first interval (d1), the plurality of periphery lines being parallel to each other (Paragraphs [0063]-[0067], Figure 8); conformally forming, on the first mask pattern, a spacer layer (200) of a thickness that is less than half of the first interval and greater than half of the second interval (Paragraphs [0068]-[0073] Figure 9); etching the spacer layer to form a plurality of cell spacers (201) on side walls of the plurality of cell lines (131), respectively, and removing the plurality of cell lines to form, on the mask layer, a second mask pattern including the plurality of cell spacers (Paragraphs [0074]-[0077], Figure 11); etching the mask layer by using the second mask pattern as an etching mask, to form a plurality of cell patterns in the cell region (Paragraphs [0078]-[0079] Figure 12) and removing the second mask pattern and the plurality of periphery lines to form, on the substrate, a third mask pattern having the plurality of cell patterns (Paragraphs [0078]-[0079] Figure 13).
Ham does not explicitly disclose etching the spacer layer to form a periphery mask covering all side walls and upper surfaces of the plurality of periphery lines; removing the plurality of cell lines to form, on the mask layer, a second mask pattern including the plurality of cell spacers and the periphery mask; etching the mask layer by using the second mask pattern as an etching mask, to form a plurality of cell patterns in the cell region and to form a single dam pattern in the periphery region; and removing the second mask pattern and the plurality of periphery lines to form, on the substrate, a third mask pattern having the plurality of cell patterns and the single dam pattern.
He discloses a metho of fabricating a semiconductor comprising provindg a substrates 100 with first region 201 and a second region 202 with a pattern 401; where the first region 201 has a patter 401 with a CDspace1 and second region 202 has a CDspace2 wherein CDspace1 is greater than CDspace2; wherein a sidewall spacer material 500 is deposited to any thickness wherein covers the sidewalls of the pattern in 202 (Paragraphs [0037]-[0045], Figures 10-12) and etching the underlying layer wherein 203 is a pattern of a plurality of discrete repeating patterns and 204 is a single continuous pattern with a relatively large size (Paragraphs [0043]-[0047], Figure 13), As such Ham as modified by He renders obvious etching the spacer layer to form a periphery mask covering all side walls and upper surfaces of the plurality of periphery lines; removing the plurality of cell lines to form, on the mask layer, a second mask pattern including the plurality of cell spacers and the periphery mask; etching the mask layer by using the second mask pattern as an etching mask, to form a plurality of cell patterns in the cell region and to form a single dam pattern in the periphery region; and removing the second mask pattern and the plurality of periphery lines to form, on the substrate, a third mask pattern having the plurality of cell patterns and the single dam pattern.
It would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date of the invention to modify the method of Ham to include the spacer layer thickness in the periphery region as rendered obvious by He because the reference of He teaches such thickness allows for the deposition of a discrete repeating pattern and continuous pattern (Paragraph [0047]) and one of ordinary skill in the art prior to the effective filing date of the invention would have had a reasonable expectation of predictably achieving the desired patterning using the spacer layer as rendered obvious by He. MPEP 2143D
With regards to claim 2, the modified teachings of Ham renders obvious wherein, in the conformally forming the spacer layer, the spacer layer is formed by an atomic layer deposition process (Ham Paragraph [0073] discloses ALD oxide), the spacer layer is conformally formed with a same first thickness along a side wall and an upper surface of each of the plurality of cell lines (Ham Paragraph [0071]) and the spacer layer is formed to fill a space between the plurality of periphery lines (He Paragraphs [0047]-[049]). The modified teachings of Ham further discloses wherein the spacer material is deposited to various thickness such that the pattern has different widths and the spacers are disposed based on the different widths in first and second areas A1 and A2 in order to etch the desired pattern (Ham Paragraphs [0071]-[0082]) wherein the size of the second sidewall spacer may be greater than the desired size of the final pattern and adjust based desired final pattern (He Paragraphs [0048]-[0049]). Generally, differences in concentration or temperature will not support the patentability of subject matter encompassed by the prior art unless there is evidence indicating such concentration or temperature is critical. "[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). MPEP 2144.05(II)(A) Therefore it would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date of the invention to optimize the thickness of the spacer layer to amounts including Applicant’s claimed amount of wherein the spacer layer is formed with a second thickness that is greater than the first thickness in a vertical direction from upper surfaces of the plurality of periphery lines in order to provide the desired the desired first mask for a plurality of discrete repeating patter and second mask for the desired final continuous pattern as rendered obvious by the modified teachings of Ham (Ham Paragraphs [0071]-[0082], He Paragraphs [0048]-[0049], MPEP 2144.05(II)(A)).
With regards to claim 3, the modified teachings of Ham renders obvious wherein, in the periphery region, the narrower the second interval between the plurality of periphery lines, the greater the second thickness of the spacer layer. (Ham Paragraphs [0068]-[0073])
With regards to claim 7, the modified teachings of Ham renders obvious wherein, in the forming of the first mask pattern, the plurality of cell lines and the plurality of periphery lines have straight line shapes separated from each other in a first horizontal direction and extending in a second horizontal direction that is perpendicular to the first horizontal direction. (Ham Figure 20 Paragraphs [0092]-[0099]).
With regards to claim 8, the modified teachings of Ham renders obvious wherein, in the forming of the first mask pattern, the plurality of cell lines have straight line shapes separated from each other in a first horizontal direction and extending in a second horizontal direction that is perpendicular to the first horizontal direction, and the plurality of periphery lines have a mesh shape extending in the first horizontal direction and the second horizontal direction. (Ham Figure 19 Paragraphs [0092]-[0097]).
With regards to claim 10, the modified teachings of Ham renders obvious wherein the second interval of the plurality of periphery lines has a resolution corresponding to a wavelength of extreme ultraviolet (EUV) light. (Ham Paragraph [0052]).
With regards to claim 11, Ham discloses a method of fabricating a semiconductor device, the method comprising: sequentially forming a lower mask layer (120) and an upper mask layer (130) on a substrate (110) in which a cell region (A1) and a periphery region (A2) at least partially surrounding the cell are defined; forming an extreme ultraviolet (EUV) photoresist pattern comprising a plurality of first line-and-space patterns (141) on the upper mask layer (130) in the cell region (A1), and a plurality of second line-and-space patterns (142) on the upper mask layer (130) in the periphery region (A2) (Paragraphs [0058]-[0062], Figure 6); etching the upper mask layer (130) by using the EUV photoresist pattern as an etching mask (Figure 7), to form a first mask pattern a first mask pattern comprising a plurality of cell lines (131) extending on the lower mask layer in the cell region (A1) and separated from one another by a first interval (d1) from each other and parallel to each other, and a plurality of periphery lines (132) extending on the lower mask layer (120) in the periphery region (A2) and separated from one another by a second interval (d2) that is less than the first interval (d1) and parallel to each other (Paragraphs [0022]-[0032], [0063]-[0067], Figure 8), conformally forming, on the first mask pattern, a spacer layer (200) of a thickness that is less than half of the first interval and greater than half of the second interval (Paragraphs [0068]-[0073] Figure 9); etching the spacer layer to form a plurality of cell spacers (201) on side walls of the plurality of cell lines (131), respectively, and removing the plurality of cell lines to form, on the lower mask layer, a second mask pattern including the plurality of cell spacers (Paragraphs [0074]-[0077], Figure 11); etching the lower mask layer (120) by using the second mask pattern as an etching mask, to form a plurality of cell patterns in the cell region (Paragraphs [0078]-[0079] Figure 12) and removing the second mask pattern and the plurality of periphery lines to form, on the substrate, a third mask pattern having the plurality of cell patterns (Paragraphs [0078]-[0079] Figure 13).
Ham does not explicitly disclose etching the spacer layer to form a periphery mask covering all side walls and upper surfaces of the plurality of periphery lines; removing the plurality of cell lines to form, on the mask layer, a second mask pattern including the plurality of cell spacers and the periphery mask; etching the mask layer by using the second mask pattern as an etching mask, to form a plurality of cell patterns in the cell region and to form a single dam pattern in the periphery region; and removing the second mask pattern and the plurality of periphery lines to form, on the substrate, a third mask pattern having the plurality of cell patterns and the single dam pattern.
He discloses a metho of fabricating a semiconductor comprising provindg a substrates 100 with first region 201 and a second region 202 with a pattern 401; where the first region 201 has a patter 401 with a CDspace1 and second region 202 has a CDspace2 wherein CDspace1 is greater than CDspace2; wherein a sidewall spacer material 500 is deposited to any thickness wherein covers the sidewalls of the pattern in 202 (Paragraphs [0037]-[0045], Figures 10-12) and etching the underlying layer wherein 203 is a pattern of a plurality of discrete repeating patterns and 204 is a single continuous pattern with a relatively large size (Paragraphs [0043]-[0047], Figure 13), As such Ham as modified by He renders obvious etching the spacer layer to form a periphery mask covering all side walls and upper surfaces of the plurality of periphery lines; removing the plurality of cell lines to form, on the mask layer, a second mask pattern including the plurality of cell spacers and the periphery mask; etching the mask layer by using the second mask pattern as an etching mask, to form a plurality of cell patterns in the cell region and to form a single dam pattern in the periphery region; and removing the second mask pattern and the plurality of periphery lines to form, on the substrate, a third mask pattern having the plurality of cell patterns and the single dam pattern.
It would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date of the invention to modify the method of Ham to include the spacer layer thickness in the periphery region as rendered obvious by He because the reference of He teaches such thickness allows for the deposition of a discrete repeating pattern and continuous pattern (Paragraph [0047]) and one of ordinary skill in the art prior to the effective filing date of the invention would have had a reasonable expectation of predictably achieving the desired patterning using the spacer layer as rendered obvious by He. MPEP 2143D
With regards to claim 12, the modified teachings of Ham renders obvious wherein, in the forming of the EUV photoresist pattern (141, 142), a first horizontal width (d1) of lines of the plurality of first line-and-space patterns is greater than a second horizontal width (d2) of lines of the plurality of second line-and-space patterns (Ham Paragraphs [0058]-[0062] Figure 6)
With regards to claim 13, the modified teachings of Ham renders obvious wherein a first height of the plurality of cell lines is substantially the same as a second height of the plurality of periphery lines (Ham Paragraphs [0061]-[0064] discloses level lines); wherien the spacer layer is conformally formed with a same first thickness along a side wall and an upper surface of each of the plurality of cell lines (Ham Paragraph [0071]) and the spacer layer is formed to fill a space between the plurality of periphery lines (He Paragraphs [0047]-[049]). The modified teachings of Ham further discloses wherein the spacer material is deposited to various thickness such that the pattern has different widths and the spacers are disposed based on the different widths in first and second areas A1 and A2 in order to etch the desired pattern (Ham Paragraphs [0071]-[0082]) wherein the size of the second sidewall spacer may be greater than the desired size of the final pattern and adjust based desired final pattern (He Paragraphs [0048]-[0049]). Generally, differences in concentration or temperature will not support the patentability of subject matter encompassed by the prior art unless there is evidence indicating such concentration or temperature is critical. "[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). MPEP 2144.05(II)(A) Therefore it would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date of the invention to optimize the thickness of the spacer layer to amounts including Applicant’s claimed amount of wherein the spacer layer is formed with a second thickness that is greater than the first thickness in a vertical direction from upper surfaces of the plurality of periphery lines in order to provide the desired the desired first mask for a plurality of discrete repeating patter and second mask for the desired final continuous pattern as rendered obvious by the modified teachings of Ham (Ham Paragraphs [0071]-[0082], He Paragraphs [0048]-[0049], MPEP 2144.05(II)(A)).
With regards to claim 14, the modified teachings of Ham renders obvious wherein the spacer layer is formed by an atomic layer deposition process (Ham Paragraph [0073] discloses ALD oxide), and wherein in the periphery region, the narrower the second interval between the plurality of periphery lines, the greater the second thickness of the spacer layer. (Ham Paragraphs [0060]-[0073] discloses having distance d1 and distance d2; conformally depositing layer 200 wherein the spacer is thicker in the d2 region as compared to d1 where d2 is smaller than d1).
With regards to claim 15, the modified teachings of Ham renders obvious wherein the second interval of the plurality of second line-and-space patterns has a resolution corresponding to a wavelength of EUV light of about 4 nm to about 124 nm (He Paragraph [0023]). In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976). MPEP 2144.05(I)
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over HAM et al (U.S. Patent Application Publication 2017/0148643) in view of HE (U.S. Patent Application Publication 2016/0181103), as applied to claims 1-3, 7-8 and 10-15, in further view of LEE et al (U.S. Patent Application Publication 2011/0092048).
With regards to claim 9, the modified teachings of Ham renders obvious the limitations of claim 1 as previously discussed.
However the modified teachings of Ham do not explicitly disclose wherein, in the forming of the first mask pattern, the first mask pattern comprises a lower mask pattern and an upper mask pattern, and a thickness of the lower mask pattern in a vertical direction is greeted than a thickness of the upper mask pattern in the vertical direction.
Lee discloses a method of fabricating a semiconductor device, the method comprising forming a plurality of mask layers in a cell region and periphery region, wherein the mask include fourth mask 60 and third mask 50 wherein the mask is pattered with a photoresist order to form fourth cell mask layer 64 and third cell mask layer 64 wherein a spacer layer may be formed into the spaces and sidewall of the pattern wherein the thickness T2 of layer 64 is less than lower layer thickness layer 54 (Figures 2-3 Paragraphs [0050]-[0056]) which renders obvious wherein, in the forming of the first mask pattern, the first mask pattern comprises a lower mask pattern and an upper mask pattern, and a thickness of the lower mask pattern in a vertical direction is greeted than a thickness of the upper mask pattern in the vertical direction.
It would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date of the invention to further modify the modified method of Ham to include the lower mask pattern and upper mask pattern as rendered obvious by Lee because one of ordinary skill in the art prior to the effective filing date of the invention would have had a reasonable expectation of predictably achieving the desired patterning using the upper and lower mask layer as rendered obvious by Lee. MPEP 2143D
Allowable Subject Matter
Claims 4-6 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.
The following is a statement of reasons for the indication of allowable subject matter: The Examiner has rejected the subject matter of independent claim 1 under Ham in view of He. However the cited prior art fails to teach or render obvious “… forming of the second mask pattern, the spacer layer on upper surfaces of the plurality of cell lines is removed so that the upper surfaces of the plurality of cell lines are exposed, and a portion of the spacer layer on upper surfaces of the plurality of periphery lines remains so that the upper surfaces of the plurality of periphery lines are not exposed.” A further search of the prior art has failed to produce analogous art which teaches or renders obvious Applicant’s currently presented claim.
Claims 16-20 are allowed.
The following is a statement of reasons for the indication of allowable subject matter: The Examiner has rejected the subject matter of independent claims 1 and 11 under Ham in view of He which would be the closest prior art to independent claim 16. However the cited prior art fails to teach or render obvious “… forming a material layer on a substrate in which a cell region and a periphery region at least partially surrounding the cell region are defined; forming, on the material layer, a mold layer comprising a support layer; forming a mask pattern on the mold layer; etching the mold layer and the support layer by using the mask pattern as an etching mask, to form, in the cell region, a plurality of pattern holes exposing therethrough an upper surface of the material layer; and forming a plurality of lower electrodes by coating inner walls of the plurality of pattern holes with a conductive material, wherein the forming the mask pattern comprises forming a mask layer on the mold layer; forming a first mask pattern comprising a plurality of cell lines extending on the mask layer in the cell region and separated from one another by a first interval and parallel to each other, and a plurality of periphery lines extending on the mask layer in the periphery region and separated from one another by a second interval that is less than the first interval and parallel to each other; conformally forming, on the first mask pattern, a spacer layer of a thickness that is less than half of the first interval and greater than half of the second interval; etching the spacer layer to form a plurality of cell spacers on side walls of the plurality of cell lines, respectively, and to form a periphery mask covering all side walls and upper surfaces of the plurality of periphery lines; removing the plurality of cell lines to form, on the mask layer, a second mask pattern including the plurality of cell spacers and the periphery mask; etching the mask layer by using the second mask pattern as an etching mask, to form a plurality of cell patterns in the cell region and to form a single dam pattern in the periphery region; and removing the second mask pattern and the plurality of periphery lines.” A further search of the prior art has failed to produce analogous art which teaches or renders obvious Applicant’s currently presented claim.
Conclusion
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/STEPHANIE P DUCLAIR/Primary Examiner, Art Unit 1713
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