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 .
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 5-6, 8, and 13-14 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.
Regarding claim 5, the limitation "a thickness ranging from about 4 nm to about 15 nm " in Lines L1-2, renders the claim indefinite because the term "about" is a relative term which 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. “About” is defined as " reasonably close to”” (see Merriam-webster.com). This language is indefinite as the specification does not describe what about means in regard of the thickness ranging from 4 nm to about 15 nm. Would this mean that the thickness can be 3nm or 3.5nm or at least 4nm up to 15nm or 20nm? Thus, it is unclear because defining how the thickness can be ranging from about 4 nm to about 15 nm or not is not clearly defined. Thus, determining whether one is infringing the limitation is subjective, rather than objective, and thus the claim is unclear.. In the purpose of compact prosecution, “a thickness ranging from about 4 nm to about 15 nm” has been interpretated as a thickness ranging from 4 nm to 15 nm.
Regarding claim 6, the limitation "a thickness ranging from about 5 nm to about 10 nm " in Lines L1-2, renders the claim indefinite because the term "about" is a relative term which 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. “About” is defined as " reasonably close to”” (see Merriam-webster.com). This language is indefinite as the specification does not describe what about means in regard of the thickness ranging from 5 nm to about 10 nm. Would this mean that the thickness can be 3nm or 3.5nm or at least 5nm up to 10nm or 20nm? Thus, it is unclear because defining how the thickness can be ranging from about 5 nm to about 10 nm or not is not clearly defined. Thus, determining whether one is infringing the limitation is subjective, rather than objective, and thus the claim is unclear.. In the purpose of compact prosecution, “a thickness ranging from about 5 nm to about 10 nm” has been interpretated as a thickness ranging from 5 nm to 10 nm.
Regarding claim 8, the limitation "wherein comprising" in Line L1, renders the claim indefinite because one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. The limitation “wherein comprising” is unclear because defining which element is comprising is not clearly defined. Thus, determining whether one is infringing the limitation is subjective, rather than objective, and thus the claim is unclear. Under the principles of compact prosecution, the claim “wherein comprising” limitation is being interpretated as – further comprising --.
Regarding claim 13, the limitation " a total thickness of the first layer and the first dielectric layer is in a range from about 4 nm to about 15 nm" in Lines L1-2, renders the claim indefinite because the term "about" is a relative term which 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. “About” is defined as " reasonably close to”” (see Merriam-webster.com). This language is indefinite as the specification does not describe what about means in regard of the thickness ranging from 4 nm to about 15 nm. Would this mean that the thickness can be 3nm or 3.5nm or at least 4nm up to 15nm or 20nm? Thus, it is unclear because defining how the total thickness of the first layer and the first dielectric layer can be in a range from about 4 nm to about 15 nm or not is not clearly defined. Thus, determining whether one is infringing the limitation is subjective, rather than objective, and thus the claim is unclear.. In the purpose of compact prosecution, “a total thickness of the first layer and the first dielectric layer is in a range from about 4 nm to about 15 nm” has been interpretated as a total thickness of the first layer and the first dielectric layer is in a range from 4 nm to 15 nm.
Regarding claim 14, the limitation " a total thickness of the second layer and the second dielectric layer is in a range from about 4 nm to about 15 nm" in Lines L1-2, renders the claim indefinite because the term "about" is a relative term which 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. “About” is defined as " reasonably close to”” (see Merriam-webster.com). This language is indefinite as the specification does not describe what about means in regard of the thickness ranging from 4 nm to about 15 nm. Would this mean that the thickness can be 3nm or 3.5nm or at least 4nm up to 15nm or 20nm? Thus, it is unclear because defining how the total thickness of the second layer and the second dielectric layer can be in a range from about 4 nm to about 15 nm or not is not clearly defined. Thus, determining whether one is infringing the limitation is subjective, rather than objective, and thus the claim is unclear.. In the purpose of compact prosecution, “a total thickness of the second layer and the second dielectric layer is in a range from about 4 nm to about 15 nm” has been interpretated as a total thickness of the second layer and the second dielectric layer is in a range from 4 nm to 15 nm.
Appropriate correction is required.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-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.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-7 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lee et al. (US10847316B2 from IDS-Lee160).
Regarding claim 1, Lee16 discloses a structure (Title), comprising:
a first conductive layer disposed over a substrate (first conductive layer 102 disposed over substrate 128-Examiner's annotated Lee16 Fig 1A, Fig 1B) ;
a dielectric stack disposed on the first conductive layer (dielectric stack 104 disposed on first conductive layer 102-Examiner's annotated Lee16 Fig 1A),
wherein the dielectric stack comprises:
a first dielectric layer disposed on the first conductive layer (First dielectric TiO2 layer 104a on 102-Examiner's annotated Lee16 Fig 1A, C4 L 4-5),
wherein the first dielectric layer has a first oxygen concentration (first oxygen concentration of 2/3=67% for TiO2-C4 L 4-5);
a high-k dielectric layer disposed on the first dielectric layer (High-k dielectric Al2O3 layer 104b on First dielectric TiO2 layer 104a-Examiner's annotated Lee16 Fig 1A),
wherein the high-k dielectric layer has a second oxygen concentration different from the first oxygen concentration (second oxygen concentration of 3/5=60% for Al2O3 being different from first oxygen concentration of 67% for TiO2-C4 L21-22); and
a second dielectric layer disposed on the high-k dielectric layer (Second dielectric TiO2 layer 104a on High-k dielectric Al2O3 layer 104b-Examiner's annotated Lee16 Fig 1A),
wherein the second dielectric layer has a third oxygen concentration different from the second oxygen concentration (third oxygen concentration of 2/3=67% for TiO2 being different from second oxygen concentration of 3/5=60% for Al2O3 -C4 L 4-5); and
a second conductive layer disposed on the dielectric stack (Second conductive layer 106 on dielectric stack 104-Examiner's annotated Lee16 Fig 1A).
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Regarding claim 2, Lee16 discloses all the elements of claim 1, as noted above.
Lee16 further discloses a structure
wherein the first and second dielectric layers each comprises a metal oxide (First dielectric TiO2 layer 104a and Second dielectric TiO2 layer 104a so both being a metal oxide-C4 L 4-5).
Regarding claim 3, Lee16 discloses all the elements of claim 2, as noted above.
Lee16 further discloses a structure
wherein the metal oxide comprises a transition metal (First dielectric TiO2 layer 104a and Second dielectric TiO2 layer 104a so both comprising a transition metal Titanium-C4 L 4-5).
Regarding claim 4, Lee16 discloses all the elements of claim 3, as noted above.
Lee16 further discloses a structure
wherein the metal oxide comprises titanium (First dielectric TiO2 layer 104a and Second dielectric TiO2 layer 104a so both comprising a transition metal Titanium-C4 L 4-5).
Regarding claim 5, Lee16 discloses all the elements of claim 2, as noted above.
Lee16 further discloses a structure
wherein the first and second dielectric layers each has a thickness ranging from about 4 nm to about 15 nm (First dielectric TiO2 layer 104a and Second dielectric TiO2 layer 104a having a thickness between 1 and 200 angstroms so having thickness ranging from about 4 nm to about 15 nm-C4 L52-55).
Regarding claim 6, Lee16 discloses all the elements of claim 2, as noted above.
Lee16 further discloses a structure
wherein the first and second dielectric layers each has a thickness ranging from about 4 nm to about 10 nm (First dielectric TiO2 layer 104a and Second dielectric TiO2 layer 104a having a thickness between 1 and 200 angstroms so having thickness ranging from about 4 nm to about 10 nm-C4 L52-55).
Regarding claim 7, Lee16 discloses all the elements of claim 2, as noted above.
Lee16 further discloses a structure comprising
a first conductive feature (first /Left conductive feature M5 of 116-Fig 1B, C5L43-44), and
a second conductive feature (second/Right conductive feature M5 of 116-Fig 1B, C5L43-44),
wherein the dielectric stack is disposed over the first and second conductive features (dielectric stack 104 disposed over first and second conductive features M5 Left/ Right of 116-Fig 1B, C5L43-44).
Claim(s) 9-17 and 20 is/are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by Lin et al. (US20230395647A1 from IDS-Lin47).
Regarding claim 9, Lin47 discloses a structure (Title), comprising:
a first conductive layer disposed over a substrate (First conductive layer 220 over substrate 202-Examiner's annotated Lin47 Fig 25);
a dielectric stack disposed on the first conductive layer (Dielectric stack 222/224/232a/230a/236/238 on first conductive layer 220-Examiner's annotated Lin47 Fig 25),
wherein the dielectric stack comprises:
a first layer disposed on the first conductive layer (First layer 222 disposed on First conductive layer 220-Examiner's annotated Lin47 Fig 25),
wherein the first layer comprises a first nitride (First layer 222 comprising first nitride TiON-[0037] L1-5);
a first dielectric layer disposed on the first layer (First dielectric TiO2 layer 224 on First layer 222-Examiner's annotated Lin47 Fig 25, [0043] L3-9),
wherein the first dielectric layer comprises a first oxide (First dielectric TiO2 layer 224 comprising first oxide TiO2-[0043] L3-9);
a high-k dielectric layer disposed on the first dielectric layer (High-k dielectric Al2O3 layer 232a disposed on First dielectric TiO2 layer 224-Examiner's annotated Lin47 Fig 25, [0051] L 4-7, [0043] L 3-9);
a second dielectric layer disposed on the high-k dielectric layer (Second dielectric TiON layer 230a on High-k dielectric Al2O3 layer 232a-Examiner's annotated Lin47 Fig 25, [0051] L1-4, [0037] L 1-5),
wherein the second dielectric layer comprises a second oxide (Second dielectric TiON layer 230a comprising second oxide TiON-[0051] L1-4, [0037] L 1-5); and
a second layer disposed on the second dielectric layer (Second layer TiON 236 on Second dielectric layer 230a-Examiner's annotated Lin47 Fig 25, [0052] L3-4, [0037] L 1-5),
wherein the second layer comprises a second nitride (Second layer TiON 236 comprising second nitride TiON-[0052] L3-4, [0037] L 1-5); and
a second conductive layer disposed on the dielectric stack (Second conductive layer 240 on dielectric stack 222/224/232a/230a/236/238-Examiner's annotated Lin47 Fig 25).
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Regarding claim 10, Lin47 discloses all the elements of claim 9, as noted above.
Lin47 further discloses a structure
wherein the first nitride comprises TiN (first nitride TiON comprising TiN-[0037] L1-5).
Regarding claim 11, Lin47 discloses all the elements of claim 10, as noted above.
Lin47 further discloses a structure
wherein the first and second oxides each comprises TiO (first oxide TiO2 and second oxide TiON comprising TiO-[0043] L3-9, [0051] L1-4, [0037] L 1-5) .
Regarding claim 12, Lin47 discloses all the elements of claim 11, as noted above.
Lin47 further discloses a structure
wherein the second nitride comprises TiON (second nitride TiON comprising TiON-[0052] L3-4, [0037] L 1-5).
Regarding claim 13, Lin47 discloses all the elements of claim 9, as noted above.
Lin47 further discloses a structure
wherein a total thickness of the first layer and the first dielectric layer is in a range from about 4 nm to about 15 nm (first layer 222 thickness being between 2nm and 5nm, first dielectric layer 224 thickness being between 2nm and 10nm, so total thickness being between 4nm and 15 nm-[0041] L9-10, 13-14, [0043] L15-18).
Regarding claim 14, Lin47 discloses all the elements of claim 13, as noted above.
Lin47 further discloses a structure
wherein a total thickness of the second layer and the second dielectric layer is in a range from about 4 nm to about 15 nm (second layer 236 thickness being between 2nm and 5nm, second dielectric layer 230a thickness being between 2nm and 5nm, so total thickness being between 4nm and 15 nm-[0041] L9-10, [0041] 13-14, [0052] L3-4).
Regarding claim 15, Lin47 discloses a method (Title), comprising:
depositing a first conductive layer over a substrate (Step 106-Fig 18);
forming a dielectric stack on the first conductive layer (forming Dielectric stack 222/224/232a/230a/236/238 on first conductive layer 220- Fig 25, Steps 108-118 of Fig 18), comprising:
depositing a first dielectric layer (Deposing First dielectric TiO2 layer 224-Step 110 of Fig 18, [0043] L3-9),
wherein the first dielectric layer has a first oxygen concentration (first oxygen concentration of 2/3=67% for TiO2-[0043] L3-9);
depositing a high-k dielectric layer on the first dielectric layer (High-k dielectric Al2O3 layer 232a deposed on First dielectric TiO2 layer 224-[0051] L 4-7, [0043] L 3-9, Step 110 of Fig 18, [0051] L1-6)
wherein the high-k dielectric layer has a second oxygen concentration different from the first oxygen concentration (second oxygen concentration of 3/5=60% for Al2O3 being different than first oxygen concentration of 2/3=67% for TiO2- [0051] L 4-7, [0043] L 3-9) and
depositing a second dielectric layer on the high-k dielectric layer (Deposing second dielectric TiO2 layer 238 on High-k dielectric Al2O3 layer 232a-Fig 25, [0052] L4-8, [0043] L 3-9, Step 110 of Fig 18)
wherein the second dielectric layer has a third oxygen concentration different from the second oxygen concentration (Third oxygen concentration of 2/3=67% for TiO2 being different than second oxygen concentration of 3/5=60% for Al2O3- [0052] L4-8, [0043] L 3-9); and
depositing a second conductive layer on the dielectric stack (Deposing second conductive layer 240 on dielectric stack 222/224/232a/230a/236/238- Step 112 of Fig 18, [0052] L7-9, Fig 25).
Regarding claim 16, Lin47 discloses all the elements of claim 15, as noted above.
Lin47 further discloses a method
performing a first plasma treatment on the first conductive layer prior to the depositing of the first dielectric layer (performing a first plasma treatment on the first conductive layer 220 prior to the depositing of the first dielectric layer 224-[0038] L1-2).
Regarding claim 17, Lin47 discloses all the elements of claim 16, as noted above.
Lin47 further discloses a method
wherein the first plasma treatment utilizes a nitrogen-containing plasma.
(first plasma treatment utilizing a nitrogen-containing plasma-[0038] L1-2).
Regarding claim 20, Lin47 discloses all the elements of claim 16, as noted above.
Lin47 further discloses a method
wherein the first and second dielectric layers are formed by plasma enhanced atomic layer deposition (first 224 and second dielectric 238 layers formed by plasma enhanced atomic layer deposition-[0043] L11-13, [0052] L4-6, [0042] L1-2, Step 110 of Fig 18).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-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.
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) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lee et al. (US10847316B2 from IDS-Lee16) in view of Lin et al. (US20230395647A1 from IDS-Lin47).
Regarding claim 8, Lee16 discloses all the elements of claim 7, as noted above.
Lee16 further discloses a structure comprising
wherein comprising a third conductive feature (third conductive feature114b-Examiner's annotated Lee16 Fig 1A) and a fourth conductive feature (Fourth conductive feature 114a-Examiner's annotated Lee16 Fig 1A),
Wherein the third conductive feature is electrically connected to the first conductive feature (Third conductive feature 114b in direct contact so electrically connected to first conductive layer 102-Examiner's annotated Lee16 Fig 1A), and
the fourth conductive feature is electrically connected to the second conductive feature (Fourth conductive feature 114a in direct contact so electrically connected to second conductive layer 106-Examiner's annotated Lee16 Fig 1A).
Lee16 does not disclose a structure
wherein the third conductive feature extends through the dielectric stack and the first conductive layer,
the fourth conductive extends through the dielectric stack and the second conductive layer.
Lin47 teaches a structure
wherein the third conductive feature extends through the dielectric stack and the first conductive layer (third conductive feature 250R extending through dielectric stack 232/230 and first conductive layer 220-Fig 17A),
the fourth conductive extends through the dielectric stack and the second conductive layer (fourth conductive 250L extending through dielectric stack 232/230 and second conductive layer 226).
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 structure of Lee16, as taught by Lin47 for the purpose of connecting MIM capacitors in parallel (Lin47:[0064]).
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Claim(s) 18-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lin et al. (US20230395647A1 from IDS-Lin47) in view of Oh et al. (US 9923047 B2-Oh47).
Regarding claim 18, Lin47 discloses all the elements of claim 16, as noted above.
Lin47 does not disclose a method comprising
performing a second plasma treatment on the second dielectric layer prior to the depositing of the second conductive layer.
Oh47 teaches a method comprising
performing a second plasma treatment on the second dielectric layer prior to the depositing of the second conductive layer (second plasma treatment on second dielectric layer 130 to partially convert second dielectric layer 130 and form metal nitride layer 132 before deposing second conductive layer 134-C10 L64-65, C11 L 1-14, L40-44).
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 method of Lin47, as taught by Oh47 for the purpose of minimizing the damage of the second dielectric layer due to second conductive layer 134 deposition temperature (Oh47: C11 L 50-67).
Regarding claim 19, Lin47 and Oh47 combination discloses all the elements of claim 18, as noted above.
Oh47 further teaches a method
wherein a portion of the second dielectric layer is converted to a nitride layer by the second plasma treatment (second plasma treatment on second dielectric layer 130 to partially convert second dielectric layer 130 and form metal nitride layer 132 before deposing second conductive layer 134-C10 L64-65, C11 L 1-14, L40-44).
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 method of Lin47, as taught by Oh47 for the purpose of minimizing the damage of the second dielectric layer due to second conductive layer 134 deposition temperature (Oh47: C11 L 50-67)
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NATHALIE R FAYETTE whose telephone number is (571)272-1220. The examiner can normally be reached Monday-Friday 8:30 am-6pm ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Christine Kim can be reached at (571) 272-8458. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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NATHALIE R. FAYETTE
Examiner
Art Unit 2812
/NATHALIE R FAYETTE/Examiner, Art Unit 2812 06/25/2026
/CHRISTINE S. KIM/Supervisory Patent Examiner, Art Unit 2812
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