DETAILED ACTION
This Action is responsive to the Amendment filed on 08/03/2026.
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 .
In the event the determination of the status of the application as subject to 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.
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.
Claims 1-5, 7-8 and 16-18 are rejected under 35 U.S.C. 103 as being unpatentable over Perng (US 2012/0012932), in view of Choi (US 2016/0359020), in view of Tsai (US 2016/0211371).
Regarding claim 1, Perng (see, e.g., FIG. 7A, FIG. 7B) discloses a device comprising:
a gate structure 214 extending over a semiconductor channel region 216 (Para 0012, Para 0014); and
source/drain epitaxial structures 240 at opposite sides of the gate structure 214, each of the source/drain epitaxial structures 240 comprising a bar-shaped epitaxial region (Para 0022),
Although Perng shows substantial features of the claimed invention, Perng fails to expressly teach a layer of silicon-containing material on top and side surfaces of the bar-shaped epitaxial region, the layer of silicon-containing material having a dopant concentration higher than a dopant concentration of the bar-shaped epitaxial region.
Choi (see, e.g., FIG. 1F), on the other hand, teaches a layer of silicon-containing material 145 on top and side surfaces of the bar-shaped epitaxial region 120 for the purpose of providing a compressive strain or a tensile strain to the active patterns (Para 0080-Para 0083).
Therefore, 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 layer of silicon-containing material as described by Choi to the top and side surfaces of the bar-shaped epitaxial region of Perng for the purpose of providing a compressive strain or a tensile strain to the active patterns (Para 0081).
Tsai (see, e.g., FIG. 10A), on the other hand, teaches the layer of silicon-containing material 120 having a dopant concentration higher than a dopant concentration of the epitaxial region 110 for the purpose of providing tensile stress to the channel layer (Para 0050, Para 0057, Para 0061).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the layer of silicon-containing material and the bar-shaped epitaxial region of Perng/Choi to the layer of silicon-containing material to having a dopant concentration higher than a dopant concentration of the epitaxial region as described by Tsai for the purpose of providing tensile stress to the channel layer (Para 0050, Para 0057, Para 0061).
Regarding claim 2, Tsai (see, e.g., FIG. 10A) teaches the device of claim 1, wherein the dopant concentration in the layer of silicon-containing material 120 is a phosphorus concentration (Para 0057).
Regarding claim 3, Choi (see, e.g., FIG. 1F) teaches the device of claim 1, wherein the layer of silicon-containing material 145 has a different cross-sectional profile than the bar-shaped epitaxial region 120 (Para 0080, Para 0082).
Regarding claim 4, the combination of Perng (see, e.g., FIG. 7A, FIG, 7B) / Choi (see, e.g., FIG. 1F) / Tsai (see, e.g., FIG. 10A) teaches the device of claim 1, wherein the layer of silicon-containing material 145 (as taught by Choi, modified by Tsai) and the bar-shaped epitaxial region 240 (as taught by Perng, modified by Tsai) have different carbon concentrations (Perng: Para 0022; Choi: Para 0080-Para 0083; Tsai: Para 0057).
Regarding claim 5, the combination of Perng (see, e.g., FIG. 7A, FIG. 7B) / Choi (see, e.g., FIG. 1F) / Tsai (see, e.g., FIG. 10A) teaches the device of claim 1, wherein the layer of silicon-containing material 145 (as taught by Choi, modified by Tsai) has a carbon concentration lower than a carbon concentration of the bar-shaped epitaxial region 240 (as taught by Perng, modified by Tsai) (Perng: Para 0022; Choi: Para 0080-Para 0083; Tsai: Para 0057).
Regarding claim 7, Choi (see, e.g., FIG. 1F) teaches the device of claim 1, wherein a topmost position of the bar-shaped epitaxial region 120 is lower than a topmost position of the layer of silicon-containing material 145.
Regarding claim 8, Choi (see, e.g., FIG. 1F) teaches the device of claim 1, further comprising: an interfacial dielectric (ILD) layer 150 over the source/drain epitaxial structures 120,145, the ILD layer 150 forming a slant interface with a bottom portion of the layer of silicon-containing material 145 (Para 0084).
Regarding claim 16, Perng (see, e.g., FIG. 7A, FIG. 7B) discloses a device comprising:
a semiconductor fin 212 protruding above a substrate 210 (Para 0010);
a gate structure 214 over the semiconductor fin 212 (Para 0012); and
a source/drain region 218 adjacent the gate structure 214, the source/drain region 218 comprising a bar-shaped epitaxial structure 240 (Para 0022),
Although Perng shows substantial features of the claimed invention, Perng fails to expressly teach a layer of silicon-containing material on the bar-shaped epitaxial region, the bar-shaped epitaxial structure having a carbon concentration greater than a carbon concentration of the layer of silicon-containing material.
Choi (see, e.g., FIG. 1F), on the other hand, teaches a layer of silicon-containing material 145 on top and side surfaces of the bar-shaped epitaxial region 120 for the purpose of providing a compressive strain or a tensile strain to the active patterns (Para 0080-Para 0083).
Therefore, 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 layer of silicon-containing material as described by Choi to the top and side surfaces of the bar-shaped epitaxial region of Perng for the purpose of providing a compressive strain or a tensile strain to the active patterns (Para 0081).
Tsai (see, e.g., FIG. 10A), on the other hand, teaches an epitaxial structure 110 having a carbon concentration greater than a carbon concentration of the layer of silicon-containing material 120 for the purpose of providing tensile stress to the channel layer (Para 0050, Para 0057, Para 0061).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the layer of silicon-containing material and the bar-shaped epitaxial region of Perng/Choi to the bar-shaped epitaxial structure having a carbon concentration greater than a carbon concentration of the layer of silicon-containing material as described by Tsai for the purpose of providing tensile stress to the channel layer (Para 0050, Para 0057, Para 0061).
Regarding claim 17, the combination of Perng (see, e.g., FIG. 7A, FIG. 7B) / Choi (see, e.g., FIG. 1F) / Tsai (see, e.g., FIG. 10A) teaches the device of claim 16, wherein the bar-shaped epitaxial structure 240 (as taught by Perng, modified by Tsai) has a phosphorous concentration less than a phosphorous concentration of the layer of silicon-containing material 145 (as taught by Choi, modified by Tsai) (Perng: Para 0022; Choi: Para 0080-Para 0083; Tsai: Para 0057).
Regarding claim 18, Perng/Choi/Tsai fail to expressly teach that a maximal value of the carbon concentration of the bar-shaped epitaxial structure is lower than a maximal value of the phosphorous concentration of the layer of silicon-containing material. The combination of Perng (see, e.g., FIG. 7A, FIG. 7B) / Choi (see, e.g., FIG. 1F) / Tsai (see, e.g., FIG. 10A) does, however, teach that the maximum value of the carbon concentration of the bar-shaped epitaxial structure 240 (as taught by Perng, modified by Tsai) is 5%, the maximal value of the phosphorus concentration of the layer of silicon-containing material 145 (as taught by Choi, modified by Tsai) is 2X10.sup.20 cm.sup.-3 (Perng: Para 0022; Choi: Para 0080-Para 0083; Tsai: Para 0050, Para 0057). However, differences in concentrations will not support the patentability of subject matter encompassed by the prior art unless there is evidence indicating such concentration difference is critical. “Where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the workable ranges by routine experimentation”. In re Aller, 220 F.2d 454,456,105 USPQ 233, 235 (CCPA 1955).
Since the applicant has not established the criticality (see next paragraph) of the maximal value of the carbon concentration of the bar-shaped epitaxial structure is lower than a maximal value of the phosphorous concentration of the layer of silicon-containing material, it would have been obvious to one of ordinary skill in the art to use or modify carbon concentration of the bar-shaped epitaxial structure and the phosphorous concentration of the layer of silicon-containing material of Tsai through routine experimentation.
CRITICALITY
The specification contains no disclosure of either the critical nature of the claimed the carbon concentration of the bar-shaped epitaxial structure being lower than a maximal value of the phosphorous concentration of the layer of silicon-containing material or any unexpected results arising therefrom. Where patentability is said to be based upon particular chosen dimensions or upon another variable recited in a claim, the applicant must show that the chosen dimensions are critical. In re Woodruff, 919 F.2d 1575, 1578, 16 USPQ2d 1934, 1936 (Fed. Cir. 1990).
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Perng (US 2012/0012932), in view of Choi (US 2016/0359020), in view of Tsai (US 2016/0211371), and further in view of Yu (US 2016/0211372).
Regarding claim 9, Choi (see, e.g., FIG. 1F) teaches the device of claim 8, wherein the layer of silicon-containing material 145 has an upper portion e.g., upper portion of 145 above the bottom portion e.g., bottom portion of 150.
Although Perng/Choi/Tsai show substantial features of the claimed invention, Perng/Choi/Tsai fail to expressly teach the upper portion of the layer of silicon-containing material is spaced apart from the ILD layer.
Yu (see, e.g., FIG. 15A), on the other hand, teaches that the upper portion e.g., upper portion of 300 of the layer of silicon-containing material 300 is spaced apart from the ILD layer 400 for the purpose of forming a cap layer over the stressor layer to thereby enhance an application of the stress of the stressor layer (Para 0054, Para 0055, Para 0058, Para 0077).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Perng/Choi/Tsai include the upper portion of the layer of silicon-containing material is spaced apart from the ILD layer as described by Yu for the purpose of forming a cap layer over the stressor layer to thereby enhance an application of the stress of the stressor layer (Para 0058).
Claims 1 and 6 are rejected under 35 U.S.C. 103 as being unpatentable over Yoo (US 2016/0079367), in view of Tsai (US 2016/0211371).
Regarding claim 1, Yoo (see, e.g., FIG. 1, FIG. 6, FIG. 7) discloses a device comprising:
a gate structure 150 extending over a semiconductor channel region e.g., sides and top surfaces of F1, F2 (Para 0045, Para 0046, Para 0050); and
source/drain epitaxial structures F1, F2 at opposite sides of the gate structure 150, each of the source/drain epitaxial structures F1, F2 comprising a bar-shaped epitaxial region F1, F2 and a layer of silicon-containing material 210, 220 on top and side surfaces of the bar-shaped epitaxial region F1, F2 (Para 0045, Para 0046, Para 0048, Para 0066);
Although Yoo shows substantial features of the claimed invention, Perng fails to expressly teach the layer of silicon-containing material having a dopant concentration higher than a dopant concentration of the bar-shaped epitaxial region.
Tsai (see, e.g., FIG. 10A), on the other hand, teaches the layer of silicon-containing material 120 having a dopant concentration higher than a dopant concentration of the epitaxial region 110 for the purpose of providing tensile stress to the channel layer (Para 0050, Para 0057, Para 0061).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the layer of silicon-containing material and the bar-shaped epitaxial region of Yoo to the layer of silicon-containing material to having a dopant concentration higher than a dopant concentration of the epitaxial region as described by Tsai for the purpose of providing tensile stress to the channel layer (Para 0050, Para 0057, Para 0061).
Regarding claim 6, Yoo (see, e.g., FIG. 1, FIG. 6, FIG. 7) teaches the device of claim 1, wherein a bottommost position of the bar-shaped epitaxial region F1, F2 is lower than a bottommost position of the layer of silicon-containing material 210, 220.
Allowable Subject Matter
Claims 10-15 are allowed.
Claims 19-20 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.
Response to Arguments
Applicant’s arguments with respect to claims 1 and 16 have been considered but are moot because of the new ground of rejection.
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 ANTONIO CRITE whose telephone number is (571) 270-5267. The examiner can normally be reached Monday - Friday, 10:00 am - 6:30 pm.
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, 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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/ANTONIO B CRITE/Primary Examiner, Art Unit 2817
Prosecution Insights