DETAILED ACTION
General Remarks
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Amendment
The Amendment filed on 07/20/2026 has been entered. Applicant's amendment to the Claims
have overcome the 112(b) rejection previously set forth in the Non-Final Office Action dated on 04/20/2026. Claims 1-12 are pending.
Response to Arguments
Applicant’s arguments "Applicant Arguments/Remarks Made in an Amendment" with the
"Amendment/Req. Reconsideration-After Non-Final Reject" filed on 07/20/2026, have been fully considered, the Applicant’s arguments related to the Shirley’s device (US 20220291401 A1) of "…perovskite does not provide insulation. In fact, perovskite is a material well-known for its low stability at room temperature. Since it is not suitable for insulation, it would never be selected as insulator
(passivator)". However, the Applicant’s arguments are not persuasive because Shirley’s device includes a perovskite material, such as SrTiO3 that is considered an insulating material, in addition the current application suggests SrTiO3 as a second insulating material (claims 5 and 12). However, due to Applicant’s amendments, the perovskite material is no longer used as the element “a second layer of an insulating material” in the current rejection.
Regarding the Applicant’s amendments are moot because do not apply to new ground of rejections with Shirley’s reference, see current rejection below.
Claim Rejections - 35 USC § 103
The following is a quotation of AIA 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 of this title, 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) 1-5 and 7-12 is/are rejected under AIA 35 U.S.C. 103 as being unpatentable Shirley et al. (US 20220291401 A1, hereinafter Shirley, of the record).
Re: Independent Claim 1, Shirley teaches a method of fabricating a graphene-based solid-state device (Figs.11A-B-C), the method comprising including the following steps:
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Shirley’s Figure 11A-Annotated.
disposing a layer of an electric conductive material (1110 a back-gate in [0125], Figs.11A-B-C) on a substrate (substrate in [0125], Figs.11A-B-C),
depositing a first layer of an insulating material (1120 a gate dielectric in [0125], Figs.11A-B-C) on the layer of an electric conductive material (1110), the first layer of an insulating material (1120) being made of a first oxide dielectric material (a thin film of Al2O3 in [0125], Figs.11A-B-C),
patterning (exposing the back-gate contacts using optical lithography and wet etching of the dielectric to expose the back-gate contacts in [0125]) the first layer of an insulating material (1120) to expose at least a portion of the layer of an electric conductive material (1110),
disposing a graphene layer (1130 graphene in [0125], Figs.11A-B-C) on the first layer of an insulating material (1120),
patterning (patterning graphene on the dielectric surface in [0125], Figs.11A-B-C) the graphene layer (1130) to define at least one channel region (to produce channels in the graphene in [0125], Figs.11A-B-C),
applying a lithographic process (producing source-drain contacts on the graphene comprises using optical lithography in [0125], Figs.11A-B-C) to define at least two contact areas (1140 source-drain edge contacts in [0125], Figs.11A-B-C) in the graphene layer (1130),
depositing one metallic contact (metallization of Cr/Au in [0125], Figs.11A-B-C) on each one of the at least two defined contact areas (1140) of the graphene layer (1130),
depositing a second layer of an insulating material (1150 AlO3 in [0126], Figs.11A-B-C) on the stacked structure,
the second layer of an insulating material (1150) being made of a second oxide dielectric material (1150 made of AlO3 in [0126], Figs.11A-B-C).
and selectively etching ([0126]) the second layer (1150) of an insulating material to expose one or more portions of the graphene layer (1130) and the at least one portion of the layer of an electric conductive material (1110), while preserving the first layer of an insulating material (1120).
Shirley does not expressly disclose the second layer of an insulating material being made of a second oxide dielectric material different than the first oxide dielectric material of which the first layer of an insulating material is made; and wherein the selectivity to at least one etchant of the first oxide dielectric material is different from the selectivity to said at least one etchant of the second oxide dielectric material.
However, in the same manufacturing of the semiconductor device field of endeavor, Shirley discloses in a second embodiment, a gate dielectric made of SiO2 (823 in [0113]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to made the Shirley’s first dielectric layer made of SiO2 according to the Shirley second embodiment to obtain the second layer of an insulating material being made of a second oxide dielectric material different than the first oxide dielectric material of which the first layer of an insulating material is made; and wherein the selectivity to at least one etchant of the first oxide dielectric material is different from the selectivity to said at least one etchant of the second oxide dielectric material due to a reference may be relied upon for all that it would have reasonably suggested to one having ordinary skill in the art, including nonpreferred embodiments. Merck & Co. v. Biocraft Labs., Inc. 874 F.2d 804, 10 USPQ2d 1843 (Fed. Cir. 1989), cert. denied, 493 U.S. 975 (1989). MPEP 2143.I
Re: Claim 2, Shirley discloses the method of claim 1, wherein the first oxide dielectric material is an inorganic oxide dielectric material (SiO2, material of 823 applied to 1120 in [0113], Figs.11A-B-C, second embodiment).
Re: Claim 3, Shirley discloses the method of claim 1, wherein the second oxide dielectric material is an inorganic oxide dielectric material (AlO3 in [0126], Figs.11A-B-C).
Re: Claim 4, Shirley discloses the method of claim 1, wherein the first oxide dielectric material (SiO2, material of 823 applied to 1120 in [0113], Figs.11A-B-C, second embodiment) is selected from the following group: SiO2, Al2O3, ZrO2, HfO2, HfSiO4, Ta2O5, La2O3, LaA1O3, Nb2O5, TiO2, BaTiO3, SrTiO3, CaCu3Ti4O12, GaN, TaN, Si3N4, ZrSiO4, Y2O3, CaO, MgO, BaO, WO3, MoO3, Sc2O3, Li2O and SrO (a thin film of SiO3 in [0113], Figs.11A-B-C).
Re: Claim 5, Shirley discloses the method of claim 1, wherein the second oxide dielectric material is selected from the following group: SiO2, Al2O3, ZrO2, HfO2, HfSiO4, Ta2O5, La2O3, LaA1O3, Nb2O5, TiO2, BaTiO3, SrTiO3, CaCu3Ti4O12, GaN, TaN, Si3N4, ZrSiO4, Y2O3, CaO, MgO, BaO, WO3, MoO3, Sc2O3, Li2O and SrO (AlO3 in [0126], Figs.11A-B-C), provided that the second oxide dielectric material is different of the first oxide dielectric material and the selectivity to at least one etchant of the first oxide dielectric material is different (SiO2 and AlO3 have different etchant) from the selectivity to said at least one etchant of the second oxide dielectric material.
Re: Claim 7, Shirley discloses the method of claim 1, wherein the layer of an electric conductive (1110) material and/or the at least one metallic contact (1140) are made of at least one of: Titanium (Ti), Nickel (Ni), Gold (Au), Palladium (Pd), Cobalt (Co), Chromium (Cr), Aluminum (Al), Tungsten (W), TaN, (Tantalum Nitride), TiN (Titanium Nitride), Silicon (Si), doped Silicon (doped Si), poly-silicon (poly-Si), Cobalt monosilicide (CoSi), Platinum (Pt), Copper (Cu), Silver (Ag), Lead (Pb), Iron (Fe), Co/Fe alloy, and combinations/alloys of these materials (Au or Cr/Au back-gate 1110, metallization of contact made of Cr/Au in [0125]).
Re: Independent Claim 8, Shirley teaches a graphene-based solid-state device (Figs.11A-B-C) comprising a substrate (substrate comprising a silicon wafer covered with a layer of SiO2 in [0125], Figs.11A-B-C), at least one graphene channel (1130 graphene to produce channels in the graphene in [0125], Figs.11A-B-C) and at least three contacts (1110 a back-gate, 1140 source-drain edge contacts in [0125], Figs.11A-B-C), the graphene-based solid-state device (Figs.11A-B-C) comprising:
a layer of an electric conductive material (1110 a back-gate in [0125], Figs.11A-B-C) disposed on the substrate (substrate in [0125], Figs.11A-B-C), the layer of electric conductive material (1110 a back-gate) defining a back electrical contact (a back-gate in [0125], Figs.11A-B-C);
a first insulating material (1120 a gate dielectric in [0125], Figs.11A-B-C) covering the layer of electric conductive material (1110) except on the area defining the back electrical contact (in [0125], Figs.11A-B-C), the first insulating material (1120) being made of a first oxide dielectric material (a thin film of Al2O3 in [0125], Figs.11A-B-C);
a graphene layer (1130 graphene in [0125], Figs.11A-B-C) disposed on the first insulating material (1120), with the graphene channel ([0012, 0111]) defined on the graphene layer (1130);
at least two top electrical contacts (1140 source-drain edge contacts in [0125], Figs.11A-B-C) disposed on the graphene layer (1130); and
a second layer (1150 a thin film of Al2O3 in [0126], Figs.11A-B-C) of an insulating material (in [0126], Figs.11A-B-C) covering part (1150 covers 1130 and 1120) of the graphene layer (1130) while leaving part thereof exposed (Figs.11A-B-C) and covering (Figs.11A-B-C) the first insulating material (1120),
Shirley does not expressly disclose the second insulating material being made of a second oxide dielectric material different than the first oxide dielectric material; and wherein the selectivity to at least one etchant of the first oxide dielectric material is different from the selectivity to said at least one etchant of the second oxide dielectric material.
However, in the same semiconductor device field of endeavor, Shirley discloses in a second embodiment, a gate dielectric made of SiO2 (823 in [0113]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to made the Shirley’s first dielectric layer made of SiO2 according to the Shirley second embodiment to obtain the second insulating material being made of a second oxide dielectric material different than the first oxide dielectric material; and wherein the selectivity to at least one etchant of the first oxide dielectric material is different from the selectivity to said at least one etchant of the second oxide dielectric material, due to a reference may be relied upon for all that it would have reasonably suggested to one having ordinary skill in the art, including nonpreferred embodiments. Merck & Co. v. Biocraft Labs., Inc. 874 F.2d 804, 10 USPQ2d 1843 (Fed. Cir. 1989), cert. denied, 493 U.S. 975 (1989). MPEP 2143.I
Re: Claim 9, Shirley discloses the device of claim 8, wherein the first oxide dielectric material (material of 823 applied to 1120) is an inorganic oxide dielectric material (a thin film of SiO2 in second embodiment, Figs.8B, 11A-B-C).
Re: Claim 10, Shirley discloses the device of claim 8, wherein the second oxide dielectric material (1150) is an inorganic oxide dielectric material (AlO3 in [0126], Figs.11A-B-C).
Re: Claim 11, Shirley discloses the device of claim 8, wherein the first oxide dielectric material (1120 made of the material of 823, second embodiment) is selected from the following group: SiO2, Al2O3, ZrO2, HfO2, HfSiO4, Ta2O5, La2O3, LaA1O3, Nb2O5, TiO2, BaTiO3, SrTiO3, CaCu3Ti4O12, GaN, TaN, Si3N4, ZrSiO4, Y2O3, CaO, MgO, BaO, WO3, MoO3, Sc2O3, Li2O and SrO (a thin film of SiO2 in second embodiment, Figs.11A-B-C).
Re: Claim 12, Shirley discloses the device of claim 8, wherein the second oxide dielectric (1150) material is selected from the following group: SiO2, Al2O3, ZrO2, HfO2, HfSiO4, Ta2O5, La2O3, LaA1O3, Nb2O5, TiO2, BaTiO3, SrTiO3, CaCu3Ti4O12, GaN, TaN, Si3N4, ZrSiO4, Y2O3, CaO, MgO, BaO, WO3, MoO3, Sc2O3, Li2O and SrO (AlO3 in [0126], Figs.11A-B-C), provided that the second oxide dielectric material is different of the first oxide dielectric material and the selectivity to at least one etchant of the first oxide dielectric material is different (SiO2 and AlO3 have different etchant) from the selectivity to said at least one etchant of the second oxide dielectric material.
Claim(s) 6 is/are rejected under AIA 35 U.S.C. 103 as being unpatentable over Shirley in view of Lin et al. (US 20180368743 A1, hereinafter Lin, of the record).
Re: Claim 6, Shirley discloses the method of claim 1,
Shirley does not expressly disclose wherein prior to disposing the at least one graphene layer on the on the first layer of an insulating material, the substrate is cleaned to remove impurities and increase hydrophilicity.
However, in the same semiconductor device manufacturing field of endeavor, Lin discloses wherein prior to disposing the at least one graphene layer (505 in [0293]) on the on the first layer of an insulating material (507 in [0293]), the substrate (518-519 in [0293]) is cleaned (in [0293]) to remove impurities and increase hydrophilicity.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include the Lin’s method of wherein prior to disposing the at least one graphene layer on the on the first layer of an insulating material, the substrate is cleaned to remove impurities and increase hydrophilicity to Shirley’s method to clean the surface of the substrate and for improving the quality of the device ([0293], Lin).
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 SANDRA M RODRIGUEZ VILLANUEVA whose telephone number is (571)272-1936. The examiner can normally be reached Monday to Friday 8:00am-5:00pm (EST).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jessica Manno can be reached at (571) 272-2339. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SANDRA MILENA RODRIGUEZ VILLANUEVA/Examiner, Art Unit 2898
/JESSICA S MANNO/SPE, Art Unit 2898
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