DETAILED ACTION
This action is responsive to the amendment received on 06/29/2026.
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
Acknowledgment is made of applicant's claim for priority under 35 U.S.C. 119(a)-(d) or (f), 365(a) or (b), or 386(a) based upon an application filed in the European Patent Office on 10/25/2022.
Election/Restrictions
Applicant's election with traverse of Species A (Figures 1-10) in the reply filed on 03/13/2026 is acknowledged. The requirement was made final in the office action mailed on 03/31/2026.
Claim(s) 7-11 and 13 stand withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected species, there being no allowable generic or linking claim. Claims 9-11 and 13 were withdrawn from consideration by the applicant in the above identified response. Claims 7-8 are further interpreted by the examiner to read on a non-elected species. In particular, claim 7 requires “removing the first temporary process layer subsequent to forming the metal via”. This limitation is disclosed in [00107] of the instant application in relation to Figure 18, such that both the via hole and the via opening may be filled by the metal via which then extends above the source/drain body (as required in claim 8). These two claims are therefore drawn to non-elected species D, identified in the restriction requirement as being directed to Figures 18-19, and are withdrawn from consideration.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference characters "106" in Figure 4 and "110" in Figures 1, 6, and 10 have both been pointed to the structure believed to be the buried power rail which is referenced in the specification as 110. It is believed by the examiner that Figure 4 contains an error in the use of reference character 106 pointing at the incorrect structure and should be “110”. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 112(a)
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim(s) 1-3, 5-6, 12, and 14 is/are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 1 has been amended to recite the limitation “forming a via hole in the first insulating layer structure to provide a taperless opening that exposes an upper surface of the buried wiring line” in lines 8-9 of the claim. This limitation is interpreted to encompass new matter for the use of “taperless” which is interpreted to mean without any taper. The elected species (Figures 1-10) shows in Figures 4-5 the formation of a via hole (#134) in the first insulating layer (#112) to form an opening (#132) that exposes an upper surface of the buried wiring line (#110). The word “taperless”, or any variations of the word “taper”, are not recited in the specification with regard to any figures. The opening in Figures 4 and 5 is not observed/known by the examiner to be without any taper. Both figures are a cross-sectional side view such that it is not clear that there is no taper to the opening in the in/out of the page direction. Furthermore, the bottom of the opening in the figures does appear to have a taper due to the taper of the underlying structure. To better show this, the examiner has provided an annotated version of Figure 4 from the instant application below showing a straight line along this via opening. There appears to be a narrowing (or taper) of the via opening (see arrow) away from the vertical line near the bottom.
For these reasons, the amended limitation to claim 1 is interpreted as new matter and claim 1 is rejected under 35 U.S.C. 112(a). Claims 2-3, 5-6, 12, and 14 are rejected under 35 U.S.C. 112(a) at least for their dependencies.
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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(s) 1 and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2020/0373331 A1; Kim et al.; 11/2020; (“Kim”) in view of US 2022/0102219 A1; Hsiung et al.; 03/2022; (“Hsiung”).
Regarding Claim 1. Kim discloses A method for interconnecting a buried wiring line and a source/drain body (Figures 2A to 19D, [0010], method of manufacturing an integrated circuit device), the method comprising:
forming a fin structure (#F2, Figure 2B, fin-type active area) on a substrate (#100, Figure 2B substrate which #F2 are on), the fin structure comprising at least one channel layer ([0022], “channels are formed on the upper surface and opposite side walls of each fin-type active area”);
forming a buried wiring line (#150, Figure 8A, buried rail) in a trench (#BRH, Figure 8A, buried rail hole) extending alongside the fin structure (Figure 6A, #BRH extends alongside #F2), wherein the buried wiring line is capped by a first insulating layer structure (#112c, Figure 16, cover insulation layer capping #150);
forming a source/drain body (#130, Figure 18, source/drain regions) on the at least one channel layer by epitaxy (Figure 18 and [0026], #130s are formed on the sidewalls of the fins which are the channel regions as described above and may be formed by epitaxial growth);
forming a via hole (#VH, Figure 19B, via hole which extends through #112c) in the first insulating layer structure (Figure 19B, #VH is in #112c) to provide an opening that exposes an upper surface of the buried wiring line (Figure 19B, #VH exposes the upper surface of #150);
forming a metal via in the opening of the via hole (#VC, Figure 19B, via contact formed in #VH), where the metal via connects to the buried wiring line (Figure 19B, #VC connects to #150);
forming a second insulating layer structure (#126, Figure 19B, inter-gate insulation layer) over the first insulating layer structure (Figure 19B, #126 is formed over #112c), wherein a contact opening (#CH1, Figure 19B, first contact hole) is defined in the second insulating layer structure to expose the source/drain body and an upper via portion of the metal via that protrudes above the via hole in the first insulating layer structure (Figure 19B, #CH1 is formed in #126 and exposes upper surfaces of both #130 and the portion of #VC which extends above the portion of #VH in #112c); and
forming a source/drain contact (#CP1, Figure 19B, conductive plug which contacts #130) in the contact opening (Figure 19B, #CP1 is formed in #CH1), on the upper via portion and the source/drain body, thereby interconnecting the buried wiring line and the source/drain body (Figure 19B, #CP1 is formed on the upper portions of both #130 and #VC such that #130 and #150 are electrically interconnected).
Kim does not disclose that the opening (#VH) is taperless.
However, Hsiung teaches in Figures 17-18 and [0052]-[0053] that a via opening (#O21) through an insulating layer (#148) may be formed through modified etching properties in an effort to reduce the taper angle of the via (“sidewalls of the via opening O21 extend linearly through an entire thickness of the ILD layer 148, an entire thickness of the MCESL 146, and an entire thickness of the etch-resistant layer 145, without a slope change”) such that the via may be taperless.
This is interpreted by the examiner as routine optimization (see MPEP 2144.05.II). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to consider forming the via holes of Kim to be taperless, or as close to taperless as feasible, as was done in Hsiung since contact resistance between structures can be reduced by increasing the surface area of the contact at the bottom of the sidewall profile (see [0108] of Hsiung).
Regarding Claim 14. Kim in view of Hsiung disclose The method according to claim 1, wherein the buried wiring line is a buried power rail (BPR) (Kim, [0032], #150 is a buried rail which is part of a buried power delivery structure).
Allowable Subject Matter
Claims 2-3, 5-6, and 12 may be allowable pending applicant’s ability to overcome, through arguments or amendments, the rejection(s) under 35 U.S.C. 112(a) set forth in this Office action and to include 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: None of the cited prior art, either alone or in combination, teaches or renders obvious “forming a first temporary process layer over the first insulating layer structure . . . forming a via opening in the first temporary process layer by etching . . . wherein the via hole in the first insulating layer structure subsequently is formed by transferring the via opening into the first insulating layer structure by etching, and wherein the first temporary process layer is removed prior to forming the second insulating layer structure”, as recited in claim 2, or “wherein the second insulating layer structure is formed to cover the upper via portion and the source/drain body, and wherein the contact opening is formed by etching the second insulating layer structure to expose the source/drain body and the upper via portion”, as recited in claim 12, in combination with all of the other required limitations of the claims.
Regarding Claim 2. Kim in view of Hsiung disclose The method according to claim 1.
Kim in view of Hsiung do not disclose forming a first temporary process layer over the first insulating layer structure and the source/drain body; and forming a via opening in the first temporary process layer by etching; wherein the via hole in the first insulating layer structure subsequently is formed by transferring the via opening into the first insulating layer structure by etching, and wherein the first temporary process layer is removed prior to forming the second insulating layer structure. Kim discloses in [0109]-[0111] that both the via hole (#VH) and the contact hole (#CH1) are formed through the first insulating layer (#112c) and the second insulating layer (#126) either together or consecutively. Because the via hole is formed through the second insulating layer, it is not interpreted by the examiner as obvious to instead insert a temporary layer to form a via opening that is extended to form the via hole, then remove the temporary process layer prior to forming the second insulating layer.
Therefore, claim 2 is interpreted to include allowable subject matter and may be allowable pending applicant’s ability to overcome, through arguments or amendments, the rejection(s) under 35 U.S.C. 112(a) set forth in this Office action and to include all of the limitations of the base claim and any intervening claims. Claims 3 and 5-6 would then further be allowable for their dependencies.
Regarding Claim 12. Kim in view of Hsiung disclose The method according to claim 1.
Kim in view of Hsiung do not disclose that the second insulating layer structure is formed to cover the upper via portion and the source/drain body, and wherein the contact opening is formed by etching the second insulating layer structure to expose the source/drain body and the upper via portion. Kim discloses in [0109]-[0111] that both the via contact (#VC) and the contact plug (#CP1) are formed through the first insulating layer (#112c) and the second insulating layer (#126) either together or consecutively. Because the via contact is formed through the second insulating layer, it is not interpreted by the examiner as obvious to instead form the second insulating layer to cover the upper portion of the via, then subsequently form the contact opening to expose the upper portion of the via.
Therefore, claim 12 is interpreted to include allowable subject matter and may be allowable pending applicant’s ability to overcome, through arguments or amendments, the rejection(s) under 35 U.S.C. 112(a) set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Response to Arguments/Amendments
Applicant’s amendments to claim 5 and corresponding remarks, see page 7 of the remarks, filed 06/29/2026, with respect to the 35 U.S.C. 112(b) rejection of claim 6 have been fully considered. The 35 U.S.C. 112(b) rejection of claim 6 has been withdrawn.
Applicant’s amendments to claim 1 and corresponding arguments, see pages 7-8 of the remarks, filed 06/29/2026, with respect to the 35 U.S.C. 102 rejections of claim 1, along with the corresponding 35 U.S.C. 102 and 103 rejections of the dependent claims, have been fully considered and are found persuasive. The originally cited references do not disclose all of the limitations of amended claim 1. The 35 U.S.C. 102 rejections of all claims have been withdrawn. However, in view of the amendments, a new reference has been identified such that all amendments to claim 1 are either anticipated or rendered obvious by the cited references. Claims 1 and 14 stand rejected under 35 U.S.C. 103 as being unpatentable over US 2020/0373331 A1; Kim et al.; 11/2020; (“Kim”) in view of US 2022/0102219 A1; Hsiung et al.; 03/2022; (“Hsiung”). Examiner also notes that the amendments to claim 1 have resulted in a rejection of claims 1-3, 5-6, 12, and 14 under 35 U.S.C. 112(a) for new matter as described above.
Claims 2-3, 5-6, and 12 may be allowable, as described above, pending applicant’s ability to overcome, through arguments or amendments, the rejection(s) under 35 U.S.C. 112(a) set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TYLER JAMES WIEGAND whose telephone number is (571)270-0096. The examiner can normally be reached Mon-Fri. 8AM-5PM.
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.
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/TYLER J WIEGAND/Examiner, Art Unit 2812
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