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
Should applicant desire to obtain the benefit of foreign priority under 35 U.S.C. 119(a)-(d) prior to declaration of an interference, a certified English translation of the foreign application must be submitted in reply to this action. 37 CFR 41.154(b) and 41.202(e).
Failure to provide a certified translation may result in no benefit being accorded for the non-English application.
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
Claim Objections
Claim 16 is objected to because of the following informalities: applicant stated “wherein the first insulating film on the wiring layer, the first barrier film, and the second barrier film” examiner believes applicant meant to state “wherein the first insulating film is on the wiring layer, the first barrier film, and the second barrier film” as to refer to all three layers instead of just the wiring layer. This is the interpretation used in the examination. Appropriate correction is required.
Claim Rejections - 35 USC § 112
Claim 1 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 1 recites the limitation "the at least one wiring line" in line 6, 11, and 14. There is insufficient antecedent basis for this limitation in the claim. Examiner believes applicant meant to state “above at least one wiring line of the plurality of wiring lines” and will be interpreting the claim as such.
Claims 1 and 16 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.
The term “the second air gap and the third air gap are integrated.” in claim 1 and 16 is a relative term which renders the claim indefinite. The term “integrated” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. The specification states “However, the air gaps G2 and G3 may be integrated as in a wiring structure 1OH illustrated in FIG. 29, for example. See [0100]” Which is also unclear as to what the air gaps are being integrated into (integrated into each other, integrated into the device, etc.). Figure 29, that the spec points too, does not resolve this question. For purposes of examination examiner interprets the meaning of integrated air gaps broadly as being integrated together effectively making the two airgaps one air gap.
Claim Rejections - 35 USC § 102
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.
Claim(s) 1 and 16 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Water Lur et al. (US 20040097065 A1) hereinafter referred to as “Lur”.
Regarding Claim 1 Lur teaches
An imaging element (Fig 13), comprising:
a wiring layer including a plurality of wiring lines that extend in a first direction (see diagram);
a first barrier film (see diagram) on the wiring layer and having a first edge surface above at least one wiring line of the plurality of wiring lines; (see diagram)
a second barrier film (see diagram) on the first barrier film and having a second edge surface above the at least one wiring line; (see diagram)
a first insulating film (see diagram) on the wiring layer, the first barrier film, and the second barrier film;
a first air gap (34 with at least a portion between wiring lines) between the wiring layer and the first insulating film, and between adjacent wiring lines of the plurality of wiring lines;
a second air gap (at least a portion of an air gap 42) above the at least one wiring line of the plurality of wiring lines above which the first edge surface (the first edge surface is above at least one wiring line) is provided, and above the first air gap in a second direction; and
a third air gap (at least a portion of an air gap 42) above the at least one wiring line of the plurality of wiring lines above which the second edge surface (the first edge surface is above at least one wiring line) is provided, and above the first air gap in the second direction, wherein
the second air gap is laterally adjacent to the first edge surface,
the third air gap is laterally adjacent to the second edge surface,
the second air gap and the third air gap are integrated (meaning they are the same air gap 42), and
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the first direction is perpendicular to the second direction.
Regarding Claim 16 Lur teaches
A method of manufacturing an imaging element, the method comprising:
forming a wiring layer including a plurality of wiring lines (see diagram above) extending in a first direction;
forming a first barrier film (see diagram above) on the wiring layer;
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forming a first opening (see diagram below) in the first barrier film and between adjacent wiring lines of the plurality of wiring lines in a specific region of the wiring layer;
forming a first air gap (34) between adjacent wiring lines of the plurality of wiring lines;
forming a first insulating film (see diagram above) such that a second air gap (at least a portion of an air gap 42) is formed laterally adjacent to a first edge surface (see diagrams) defined by the first opening of the first barrier film, wherein
the second air gap (at least a portion of an air gap 42) is above at least one wiring line of the plurality of wiring lines above which the first edge surface (the first edge surface is above at least one wiring line) is provided, and above the first air gap in a second direction, and
the first direction is perpendicular to the second direction
forming a second barrier film (see diagram above) on the first barrier film and having a second edge surface above (see diagram above) the at least one wiring line, wherein the first insulating film on the wiring layer, the first barrier film, and the second barrier film (the insulating film is on these three layers):
and forming a third air gap (at least a portion of an air gap 42) above the at least one wiring line of the plurality of wiring lines above which the second edge surface is provided (see diagrams), and above the first air gap in the second direction, wherein
the third air gap is laterally adjacent to the second edge surface, and
the second air gap and the third air gap are integrated. (meaning they are the same air gap 42)
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, 6-11, 13-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yoshihiko Nagahama (WO 2020179494 A1) using (US 20220123040 A1) as the English translation hereinafter referred to as “Nagahama”, and further in view of Water Lur et al. (US 20040097065 A1) hereinafter referred to as “Lur”.
Regarding Claim 1 Nagahama teaches
An imaging element (Fig 1,3), comprising:
a wiring layer (123) including a plurality of wiring lines (123X1-123Y, Fig. 1, 3) that extend in a first direction;
a first barrier film (131) on the wiring layer and having a first edge surface above at least one wiring line of the plurality of wiring lines (Fig 3);
a second barrier film (141) on (above) the first barrier film and having a second edge surface above the at least one wiring line;
a first insulating film (132) on (in contact with or above) the wiring layer, the first barrier film, and the second barrier film;
a first air gap (G directly to the right of 123X2, Para. [0074]) between the wiring layer and the first insulating film, and between adjacent wiring lines of the plurality of wiring lines;
a second air gap (at least a portion of G directly to the right of 123X3) above the at least one wiring line of the plurality of wiring lines above which the first edge surface is provided,
wherein the second air gap is laterally adjacent to the first edge surface,
a third air gap (at least a portion of G directly to the right of 123X3) above the at least one wiring line of the plurality of wiring lines above which the second edge surface is provided,
the third air gap is laterally adjacent to the second edge surface,
Nagahama is not relied upon to teach
the second air gap above the first air gap in a second direction,
the third air gap above the first air gap in a second direction,
the second air gap and the third air gap are integrated (meaning they are the same air gap), and
the first direction is perpendicular to the second direction.
Lur teaches an air gap structure where
the second air gap and the third (Fig 13 element 42) are above the first air gap (element 34) in a second direction (vertical) , and the first direction is perpendicular to the second direction, and the second air gap and the third air gap are integrated (meaning they are the same air gap)
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It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to modify the device of Nagahama such that the second/third air gap is above the first air gap in a second direction, and the first direction is perpendicular to the second direction, as described in Lur because the modification allows for maximum electrical isolation between adjacent metal structure and thusly reduces capacitance between lines. (Lur Para. [0066][0070][0071])
Regarding Claim 6, Nagahama in view of Lur teaches
The imaging element according to claim 1,
Nagahama further teaches
further comprising a third insulating film (142) on the first insulating film (132) and having a planar surface. (142 has a flat planar surface, Fig. 3)
Regarding Claim 7, Nagahama in view of Lur teaches
The imaging element according to claim 6,
Nagahama further teaches
further comprising a first electrically- conductive film (143) squarely opposed to at least a portion of the plurality of wiring lines (123X1-123Y), with the first insulating film (132) and the third insulating film (142) interposed therebetween. (Fig. 3)
Regarding Claim 8, Nagahama in view of Lur teaches
The imaging element according to claim 7,
Nagahama further teaches
wherein the first electrically-conductive film (143) is electrically coupled to the portion of the plurality of wiring lines via a coupling section (V2, 133 and V3) that penetrates the first insulating film and the third insulating film. (Fig. 3)
Regarding Claim 9, Nagahama in view of Lur teaches
The imaging element according to claim 1,
Nagahama further teaches
wherein the first insulating film (132) has an irregularity (132b) above the plurality of wiring lines.
Regarding Claim 10, Nagahama in view of Lur teaches
The imaging element according to claim 1,
Nagahama further teaches
wherein the first insulating film (132) includes a low-permittivity material (132a and 132b) having a relative permittivity k of 3.0 or less. (Para. [0080])
Regarding Claim 11, Nagahama in view of Lur teaches
The imaging element according to claim 1,
Nagahama further teaches
wherein the first barrier film (131) includes an insulating material. (Para. [0078])
Regarding Claim 13, Nagahama in view of Lur teaches
The imaging element according to claim 6,
Nagahama further teaches
wherein the third insulating film (142) includes a material having a polishing rate higher than a polishing rate of the first insulating film. (132). (Para. [0080], [0083])
Regarding Claim 14, Nagahama in view of Lur teaches
The imaging element according to claim 6,
Nagahama further teaches
wherein the third insulating film (142) includes silicon oxide, carbon-containing silicon oxide (Para. [0083]) , fluorine-doped silicon oxide, or silicon oxynitride.
Regarding Claim 15, Nagahama in view of Lur teaches
The imaging element according to claim 7,
Nagahama further teaches
further comprising:
a first substrate (10 and 20) including a first semiconductor substrate (11) including a sensor pixel (12 found in FD) that performs photoelectric conversion, and
a multilayer wiring layer (Fig. 23 element 56) in which the first electrically-conductive film (found in 23 and 24) is embedded and formed, wherein the multilayer wiring layer includes the third insulating film (142 found in 56); and
a second substrate (30) including a second semiconductor substrate (31) including a logic circuit (32) that processes a pixel signal based on electric charge outputted from the sensor pixel, and
a second multilayer wiring layer (62) in which a second electrically-conductive film (Fig. 22 element 64 and the unlabeled portion above 64) is embedded and formed, wherein the first substrate is electrically couped to the second substrate by bonding (58 and 64) between the first electrically-conductive film and the second electrically-conductive film. (Fig. 22, 23, and 19G)
Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nagahama in view of Lur as applied to claim 1 above, and further in view of Li-Qun Xia et al. (US 20090093100 A1) herein after referred to as “Xia”.
Regarding Claim 2, Nagahama in view of Lur teaches
The imaging element according to claim 1,
Nagahama does teach
The imaging element with a perpendicular first edge surface,
but fails to teach a tapered shape as required by the claim limitations.
Xia teaches a multilevel interconnect structure with the wiring layer
wherein the first edge surface has a reverse tapered shape (160) in which an end on a side of the at least one wiring line is more retracted. (Fig. 3d)
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to modify the device of Nagahama in view of Lur such that the edge surface has a reverse tapered shape, as described in Xia because the modification allows for the control of the aspect ratio meaning a larger size for further separation and isolation. (Para. [0012], [0078], [0079])
Claim(s) 3-5, 12, 16-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nagahama in view of Lur as applied to claim 1 above, and further in view of Yu-Bey Wu et al. (US 20190157204 A1) hereinafter referred to as “Wu”.
Regarding claim 3, Nagahama in view of Lur teaches
The imaging element according to claim 1,
Nagahama further teaches
the first insulating film (132), the first barrier film (131), and the wiring lines(123X1-123Y)
Nagahama is not relied on to teach
a second insulating film
Wu teaches a semiconductor device with metal wirings and
a second insulating film (230) between the first insulating film (150) and the first barrier film (200) and continuously coating the first edge surface and top surfaces and side surfaces of the plurality of wiring lines (100 Fig. 11).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to modify the device of Nagahama in view of Lur to include a second insulating film provided between the first insulating film and the first barrier film and continuously coating the first edge surface and top surfaces and side surfaces of the plurality of wiring lines, as described in Wu, because the modification allows for the second insulating film to control how much of the first insulating film comes in contact with the air gap further determining the size and volume of the airgap. (See the difference between fig. 11 and 12 and 56 and 58 compared to 56’ and 58’ Para. [0046], [0040], [0041]).
Regarding Claim 4 Nagahama in view of Lur in view of Wu teaches
The imaging element according to claim 3,
Wu is relied upon to teach the second insulating film and therefore further teaches
Wherein (Fig.11) the second barrier film (240) is between the first barrier film (200) and the second insulating film (230), and
the second barrier film has an etching rate different from the first barrier film. ;(Para. [0023], [0040])
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to modify the device of Nagahama in view of Lur in view of Wu to include a second barrier film provided between the first barrier film and the second insulating film and having the second barrier film have an etching rate different from the first barrier film, as described Wu the modification allows for second barrier film to be a etch-stop layer acting as a barrier, on the inner portions of the grooves where the airgaps will lie, during the etching process. (Para. [0023],[0040])
Regarding claim 5, Nagahama in view of Lur teaches
The imaging element according to claim 1,
Nagahama in view of Lur is not relied upon to teach
wherein the first edge surface is at a position different from a position of the second edge surface.
Wu further teaches
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wherein the first edge surface is at a position different from a position of the second edge surface. (Fig.11)
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It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to modify the device of Nagahama in view of Lur such that the first edge surface and the second edge surface are formed at positions different from each other, as described in Wu because this feature of the device allows for the layers to be separate to have one be an etch-stop layer only to protect the wirings and one to protect the inside of the grooves that will hold the air gaps. (Para. [0024], [0040], [0046])
Regarding claim 12, Nagahama in view of Lur teaches
The imaging element according to claim 1,
Nagahama further teaches
and an insulating first barrier layer for each of the plurality of wiring lines. However, the material was not explicitly metal
Wu Teaches
the first barrier film (fig 11 element 200) includes a metal material for each of the plurality of wiring lines.(Para. [0023])
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to modify the device of Nagahama in view of Lur such that the first barrier film is formed using a metal material for each of the plurality of wiring lines, as described in Wu because the substitution of one known insulating material for another would result in a predictable result of a barrier film (Para. [0023])
Regarding Claim 16 Nagahama teaches
A method of manufacturing an imaging element (Fig 3), the method comprising:
forming a wiring layer (123 and 133) including a plurality of wiring lines (123X1-123Y 133X1-133Y) extending in a first direction;
forming a first barrier film (131) on the wiring layer;
forming a first opening (v2 forms the opening) in the first barrier film (131) and between adjacent wiring lines of the plurality of wiring lines (133Y and 123Y) in a specific region of the wiring layer;
forming a first air gap (G directly to the right of 123X2) between adjacent wiring lines of the plurality of wiring lines;
forming a first insulating film (132) such that a second air gap (at least a portion of G directly to the right of 123X3) is formed laterally adjacent to a first edge surface (see diagrams above) defined by the first opening of the first barrier film,
wherein the second air gap is above at least one wiring line of the plurality of wiring lines above which the first edge surface is provided,
forming a third air gap (at least a portion of G directly to the right of 123X3) above the at least one wiring line of the plurality of wiring lines above which the second edge surface (the air gap is below the edge of 141) is provided,
wherein the third air gap (G directly to the right of 123X3) is laterally adjacent (they are near each other) to the second edge surface (edge of 141), and
the second air gap and the third air gap are integrated. (meaning they are the same air gap)
Nagahama is not relied upon to teach
and above the first air gap in a second direction, and
the first direction is perpendicular to the second direction
and forming a third air gap above the first air gap in the second direction
Lur teaches an air gap structure where
the second air gap (Fig 13 element 42) above the first air gap (element 34) in a second direction (vertical), and the first direction is perpendicular to the second direction.
and forming a third air gap (Fig 13 element 42) above the first air gap (element 34) in the second direction(vertical)
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to modify the device of Nagahama such that the second/third air gap is above the first air gap in a second direction, and the first direction is perpendicular to the second direction, as described in Lur because the modification allows for maximum electrical isolation between adjacent metal structure and thusly reduces capacitance between lines. (Lur Para. [0066][0070][0071])
Nagahama in view of Lur is not relied upon to teach a second barrier film and therefore not relied upon to teach
forming a second barrier film on the first barrier film and having a second edge surface above the at least one wiring line, wherein the first insulating film on the wiring layer, the first barrier film, and the second barrier film
Wu teaches
forming a second barrier film (Fig 11 element 240) on the first barrier film (200) and having a second edge surface above the at least one wiring line (Fig.11), wherein the first insulating film (150) on the wiring layer (the wiring layer of wiring lines 100 Fig. 11), the first barrier film (200), and the second barrier film (240)
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to modify the device of Nagahama in view of Lur such that a second barrier film on the first barrier film has a second edge surface above the at least one wiring line and wherein the first insulating film is on the wiring layer, the first barrier film, and the second barrier film, as described in Wu because the modification because the second insulating film to control how much of the first insulating film comes in contact with the air gap further determining the size and volume of the airgap. (See the difference between fig. 11 and 12 and 56 and 58 compared to 56’ and 58’ Para. [0046], [0040], [0041]) and because the modification allows for second barrier film to be an etch-stop layer acting as a barrier, on the inner portions of the grooves where the airgaps will lie, during the etching process. (Para. [0023],[0040])
Regarding Claim 17, Nagahama in view of Lur in view of Wu teaches
The imaging element according to claim 16,
Nagahama further teaches
wherein, after the formation of the first opening (V2), a third insulating film (142) is formed that coats a top surface and the first edge surface of the first barrier film and top surfaces and side surfaces of the plurality of wiring lines.
Regarding Claim 18 Nagahama in view of Lur in view of Wu teaches
The method of manufacturing the imaging element according to claim 16,
Nagahama taught
the third air gap (which is also the second airgap G directly to the right of 123X3) adjacent (they are near each other) to the second edge surface (edge of 141), is formed by the first opening of the second barrier film, together with the first air gap and the second air gap. (Fig. 4d and 4e)
Wu further teaches
wherein the second barrier film (240) has an etching rate different from an etching rate of the first barrier film ;(Para. [0023], [0040]);
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to modify the device of Nagahama in view of Lur in view of Wu such that forming, after the formation of the first barrier film, a second barrier film having an etching rate different from the first barrier film, as described in Wu because the modification allows for second barrier film to be a etch-stop layer acting as a barrier, on the inner portions of the grooves where the airgaps will lie, during the etching process. (Para. [0023],[0040])
Response to Arguments
Applicant's arguments filed 08-03-2026 have been fully considered but they are not persuasive.
In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., the newly presented features of "a third air gap above the at least one wiring line of the plurality of wiring lines above which the second edge surface is provided, and above the first air gap in the second direction ... the third air gap is laterally adjacent to the second edge surface ... the second air gap and the third air gap are integrated," as recited in amended independent claim 1.). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAIME LYNN SPRENGER whose telephone number is (571)272-8444. The examiner can normally be reached Monday - Friday, 9:00a.m. - 5:00p.m. ET..
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, SUE PURVIS can be reached at 571-272-1236. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JAIME LYNN SPRENGER/Examiner, Art Unit 2893
/SUE A PURVIS/Supervisory Patent Examiner, Art Unit 2893
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