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 .
This is the initial office action for US Patent Application No. 18/682425 by Sam Sun.
Claims 1-19 and 21 are currently pending and have been fully considered.
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.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 3 and 14 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.
A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claim 3 recites the broad recitation “comprises at least 35 wt%”, and the claim also recites “preferably at least 40 wt%, or more preferably greater than 41 wt% of atomic silicon” which is the narrower statement of the range/limitation. The claim is considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims.
A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claim 14 recites the broad recitations “photoresist layer has a thickness of 2 to 200 nm” and “bottom anti-reflective coating has a thickness of 10 to 2000 nm”, and the claim also recites “preferably 3 to 90, more preferably 5 to 60 nm” and “preferably 85 to 1000 nm” which are the narrower statements of the ranges/limitations. The claim is considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims.
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.
Claims 1, 4 and 21 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lin et al. (US 2011/0304053 A1), herein referred to as Lin.
Regarding claim 1, Lin teaches [0034-0039] a method of forming a pattern, the method comprising providing a substrate in which a pattern is to be formed; forming a layer of a silicon photoresist over the substrate ([0103-0106], photoresist can include copolymers of silicon containing monomers); exposing a portion of the silicon photoresist to an activating wavelength of radiation; curing the silicon photoresist; developing the cured silicon photoresist to remove the portion of the photoresist that was exposed to the activating wavelengths of radiation, and etching [0183] the substrate to form the pattern.
Regarding claim 4, Lin teaches [0073] the substrate is comprised of a semiconducting material such as silicon or a metal.
Regarding claim 21, Lin teaches (Claim 1) an interconnect structure comprising: a semiconductor substrate; a patterned and cured photoresist wherein the photoresist contains a low k dielectric constituent and contains a fortification layer on its top and sidewall surfaces forming vias or trenches; and a conductive fill material in the vias or trenches.
Examiner notes that claim 21 is a product-by-process limitation. MPEP Chapter 2113, Section I states “"Even though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process." In re Thorpe, 777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985). Since claim 21 recites an article and does not provide any further structural limitations that define the article, claim 21 is considered to be anticipated by Lin.
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 2, 3 and 5-19 are rejected under 35 U.S.C. 103 as being unpatentable over Lin et al. (US 2011/0304053 A1), herein referred to as Lin.
In view of claims 2, 3 and 5-19, Lin teaches (Claim 7) a method for fabricating an interconnect structure which comprises: depositing a photoresist onto a semiconductor substrate, wherein the photoresist contains a low k dielectric constituent; imagewise exposing the photoresist to actinic radiation; then forming a pattern of vias or trenches in the photoresist; surface fortifying the photoresist pattern proving a fortification layer on the top and sidewalls of the patterned photoresist; curing the patterned photoresist thereby converting the photoresist into a dielectric; and filling the vias and trenches with a conductive fill material.
Lin further teaches (Claim 9) forming an antireflective coating between the substrate and the photoresist wherein the antireflective coating is opened prior to filling the interconnect via pattern and the trench pattern with a conductive material.
At the time of the filing date of the present application, it would have been obvious to one of ordinary skill in the art to modify the teachings of Lin to devise a method of forming a pattern with a silicon containing photoresist to form patterned features on a semiconductor substrate with greater precision and fewer processing errors.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEWART A FRASER whose telephone number is (571)270-5126. The examiner can normally be reached M-F, 7am-4pm, EST.
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, Miriam Stagg can be reached at 571-270-5256. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/STEWART A FRASER/Primary Examiner, Art Unit 1724
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