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 .
Election/Restrictions
Applicant's election, without traverse, of Species I of which claims read upon 1-4 in “Response to Election / Restriction Filed - 08/03/2026”, is acknowledged.
This office action considers claims 1-9 pending for prosecution, of which, non-elected claims 5-9 are withdrawn, and elected claims 1-4 are examined on their merits.
Claim Rejections - 35 USC § 112
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.
Claim 2 is rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
Regarding claim 2, the instant claim recites limitation in view of claim 1, where in claim 2 recites “wherein hardmask layer is a mask structure" (claim 2, lines 1-2). There is insufficient antecedent basis for this limitation in the claim for “hardmask layer” in the claim. It is unclear whether the second recited “hardmask layer” was intended to relate back to “a hardmask layer” (claim 1, line 9-10) or to set forth an additional ” hardmask layer “ (claim 2, line 1-2). Appropriate clarification and/or correction are/is required. For purpose of compact prosecution, “hardmask layer ” will be treated as if it were “the hardmask layer”.
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.
Notes: when present, semicolon separated fields within the parenthesis (; ;) represent, for example, as 100; Fig 41g; [0022]) = (element 100; Figure No. 1g; Paragraph No. [0022]). For brevity, the texts “Element”, “Figure No.” and “Paragraph No.” shall be excluded, though; additional clarification notes may be added within each field. The number of fields may be fewer or more than three indicated above. The primary reference, in this case Tsai citation may not be preceded by the inventor tag, wherein the other reference citation, for example Lazzarino, will carry inventor tag. These conventions are used throughout this document.
Claims 1-2 and 4 are rejected under 35 U.S.C. 102 (a) (1) as being anticipated by Tsai; Cheng-Hsiung et al. (US 20140027908 A1) hereinafter referenced as Tsai with evidence from Lazzarino; Frederic et al. (US 20200168500 A1) hereinafter referenced as Lazzarino.
Regarding Claim 1. Tsai a semi-damascene structure (100; Fig 1g; [0022]; semi-damascene structure is construed from [0020] One skilled in the art will recognize that horizontal interconnect features 26 and vertical interconnect features 28 are properties of semi-damascene; Tsai asserts in [0001] the process that make the structure is not conventional damascene. It is to be noted that the prior art description i.e., ipsis verbis, such as semi-damascene is not required to understand the structure (See Vas-Cath, 935 F.2d at 1563, 19 USPQ2d at 1116; Martin v. Johnson, 454 F.2d 746, 751, 172 USPQ 391, 395 (CCPA 1972; moreover Lazzarino defines “semi-damascene approach” may be like a conventional dual damascene process, wherein a conductive material layer for forming both the horizontal conductive lines and vias may be deposited over the structure([0045]) comprising: (see the entire document, Fig 1g, along with other figs 1a to 1f referenced subject matter for details, specifically, as cited below):
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Tsai Figure 1g
an intermetal dielectric layer (comprising {6,32}; Fig 1g) comprising a 1st intermetal dielectric layer (6; first cited in fig 1a; [0011])) , in which at least one via hole (20; Fig 1b; [0014) is formed, and a 2nd intermetal dielectric layer (32; fig 1g; [0032]) formed on the 1st intermetal dielectric layer (6);
a 1st metal line (26, central part; Fig 1g; [0020]) comprising a 1st portion formed in a via hole (20) and vertically extended above the via hole (20), and a 2nd portion (above hard mask 8) formed vertically above the 1st intermetal dielectric layer (6);
a 2nd metal line (26, left or right of central part; Fig 1g; [0020]) isolated from the 1St metal line (26, central part) through the intermetal dielectric layer (at least 32), and vertically penetrating the intermetal dielectric layer (at least 32); and
a hardmask layer (hard mask 8; Fig 1g; first cited in [0012]) interposed between the 1St intermetal dielectric layer (6) and the 2nd intermetal dielectric layer (32),
wherein an upper portion of the hardmask layer (of 8) formed below the 2nd intermetal dielectric layer (32) is vertically dented.
Regarding Claim 2. (Tsai with evidence from Lazzarino) as applied to the semi-damascene structure of claim 1, further teaches,wherein hardmask layer (hard mask 8; Fig 1g; first cited in [0012])) is a mask structure used along with a photoresist pattern (10; Fig 1a;[0012-0013]) to form the via hole (20; Fig 1b) in the 1st intermetal dielectric layer (6) , and remains in the intermetal dielectric layer (6) after the photoresist pattern is removed (fig 1b) to form the via hole (20).
Regarding Claim 4. A semiconductor device (200; Fig 2) comprising: a substrate (200) in which at least one transistor ([0025]: a first circuit element 27,a transistor, of structure 100 is electrically connected to a first contact pad 29 of structure 100) is formed; and the semi-damascene structure of claim 1 as applied by Tsai with evidence from Lazzarino), wherein at least one of the 1.sup.st metal line and the 2.sup.nd metal line is connected to an active region of the transistor.
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 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 3 rejected under 35 U.S.C. 103 as being unpatentable over Tsai; Cheng-Hsiung et al. (US 20140027908 A1) hereinafter referenced as Tsai; in view of Lazzarino; Frederic et al. (US 20200168500 A1) hereinafter referenced as Lazzarino.
Regarding Claim 3. (Tsai with evidence from Lazzarino) as applied to the semi-damascene structure of claim 1, while further suggests [0015] metal interconnect material 22 may be copper, copeer alloy or other suitable alloys but does not expressly disclose, wherein the metal line (26) comprises at least one of ruthenium (Ru), molybdenum (Mo), cobalt (Co) and tungsten (W).
However, in the analogous art, Lazzarino further teaches a “semi-damascene approach”, like a conventional dual damascene process, a conductive material layer for forming both the horizontal conductive lines and vias may be deposited over the structure ([0045]), wherein ([0085, claim 9]) the conductive layer 108 may be a metal layer, for instance a layer of, inter alia, ruthenium (Ru) tungsten (W), , copper (Cu), cobalt (Co).In effect, Lazzarino recognizes that ruthenium (Ru) tungsten (W), cobalt (Co) and , copper (Cu) are functionally equivalent.
Therefore, it would have been obvious to one of ordinary skill in the art, at the time the invention was made, to substitute Tsai’s copper (Cu) by any of Lazzarino’s metal line, for instance ruthenium (Ru) tungsten (W), , cobalt (Co), because they have the equivalent properties, as recognized by Lazzarino as material for filliing layer. It has been held that the substitution of one prior teaching by another art supports an obviousness rejection, as in the instant case, the equivalency is being recognized in the prior art, and the substitution is then within the level of ordinary skill in the art. [MPEP 2144.06.II]. The results would have been predictable, and one of ordinary skill in the art would have pursued the known potential solutions with a reasonable expectation of success.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MOAZZAM HOSSAIN whose telephone number is (571)270-7960. The examiner can normally be reached M-F: 8:30AM - 6:00 PM.
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/MOAZZAM HOSSAIN/Primary Examiner, Art Unit 2898
August 21, 2026
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