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 .
Drawings
The drawings are objected to under 37 CFR 1.84(h)(5) because Figures 1A, 1B, 1C and 1D show(s) modified forms of construction in the same view. Taking for example Figure 1A, it appears to be illustrating both a side profile and top down view, but it’s not clear because half of the drawing elements are not labeled and each of the views are connected to each other (see below Figure 1A marked up as an example, the same issues apply to the other Figures as mentioned)
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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. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. 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.
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “plurality of active channels stacked to each other” must be shown or the feature(s) canceled from the claim(s). No new matter should be entered. It is unclear how element 111/121/131/141, specified as the active channel layers in the specification, is stacked to each other based on the drawings, see additional drawing objection above, regardless element 111 isn’t stacked “to each other” in the figures, and since this is claimed, it must be shown.
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. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. 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
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.
Claims, 1-20 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. Claims 1, 8 and 18 recite the limitation “a plurality of active channels stacked to each other”. These elements are referred to as 111/121/131/141 in the specification, however the drawings do not illustrate a stacked orientation, as elements 111/121/131/141 as shown in Figures 1A/1B/1C/1D respectively have these layers adjacent to each other (this is based on the specification [0021] teaching that element “SP” is a spacer on element 112. It appears that the drawings are showing two different views of the same thing, with the one view being top down, which makes the channels adjacent, not stacked, on each other, see objection to drawings above). Stacking implies a top/bottom orientation, not a side by side orientation. The specification mentions a stacked orientation, but the drawings teach an adjacent orientation or are completely absent the language found in the specification depending upon ones argument.
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.
Claims 1-20 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.
Claims 1, 8 and 18 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being incomplete for omitting essential structural cooperative relationships of elements, such omission amounting to a gap between the necessary structural connections. See MPEP § 2172.01. The omitted structural cooperative relationships are: stacked channels, as the drawings do not illustrate that the channels are stacked, but rather adjacent with an intervening adjacent structure.
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, 2, 8 and 18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lee et al US 2018/0261677.
Pertaining to claim 1, lee teaches a transistor, comprising:
a plurality of active channels 110 See elements 110/210 and Figures 16 (top down) 17 (one profile) and 18 (the other profile) stacked to each other (see drawing and 112 rejections above, interpreting this to mean adjacent not stacked as this is what appears to be illustrated in the Applicant’s figures); and
a metal gate 120/220 formed on the active channels 110/210, wherein the metal gate comprises:
a plurality of P-metal layers 121/122 221/222; and
a N-metal layer 128 [0069] stacked on the P-metal layers.
Note that the applicant’s specification describes P-metal as titanium nitride and an n-metal as consisting of any of the TAL metals, which includes metals taught by Lee [0069] such as copper.
Pertaining to claim 2, Lee teaches the transistor as claimed in claim 1, wherein each of the P-metal layers is formed of TiN. Elements 121/122 221/222 are TiN [0135]
Pertaining to claims 8 and 18, Lee teaches a semiconductor device, comprising:
a first transistor , comprising:
a plurality of first active channels 110 stacked to each other see objections and 112 rejections above; and
a first metal gate 120 formed on the first active channels, wherein the first metal gate comprises:
a plurality of first P-metal layers 121/122; and
a first N-metal layer 128 stacked to the first P-metal layers;
a second transistor, comprising:
a plurality of second active channels 210 stacked to each other see objections and 112 rejections above; and
a second metal gate 220 formed on the second active channels 210, wherein the second metal gate comprises a second N-metal layer 228.
Note: With specific respect to claim 18, Lee teaches pluralities of transistors in paragraph [0123].
Claims 2-7, 9-17, 19 and 20 have not been rejected over the prior art because, in light of the 35 U.S.C. 112 rejections supra, there is a great deal of confusion and uncertainty as to the proper interpretation of the limitations of the claims; hence, it would not be proper to reject the claims on the basis of prior art. As stated in In re Steele, 305 F.2d 859, 134 USPQ 292 (CCPA 1962), a rejection under 35 U.S.C. 103 should not be based on considerable speculation about the meaning of terms employed in a claim or assumptions that must be made as to the scope of the claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NICHOLAS J TOBERGTE whose telephone number is (571)272-6458. The examiner can normally be reached M-F 7:30-4:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kretelia Graham can be reached at (571) 272-5055. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NICHOLAS J TOBERGTE/Primary Examiner, Art Unit 2817
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