DETAILED ACTION
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 - 8, and 12 – 15, 17 - 19 are rejected under 35 U.S.C. 103 as being unpatentable over Shin et al. (20230231024) in view of Usami et al. (8749058).
With regard to claim 1, Shin et al. disclose a semiconductor structure (for example, see figs. 2), comprising:
an active device region (an active pattern AP1 functions as an active device region) comprising one or more active devices (active devices having gate structures 120, and source/drain regions 150); and a
multi-level interconnect structure (referred to as “A” by examiner’s annotation shown in fig. 2 below) comprising two or more levels of interconnects (conductive layers 205, 206 functions as interconnects) for the one or more active devices (active devices having gate structures 120, and source/drain regions 150) in the active device region (AP1);
wherein a silicon, carbon, nitrogen, oxygen dielectric material (silicon oxycarbonitride layers 191, 192; or 190, 191, 192; for example, see paragraph [0143]) surrounds the interconnects (205, 206) in at least two of the two or more levels (for example, a first level for forming the interconnect 205 and a second level for forming the interconnect 206).
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Shin et al. do not clearly disclose the dielectric material comprise hydrogen.
However, Usami et al. discloses the dielectric material (SiCNOH dielectric material 40) comprise hydrogen (for example, see column 4, lines 19 – 21, fig. 9).
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Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the Shin et al.’s device to have the dielectric material comprise hydrogen as taught by Usami et al. in order to minimize the signal interference for enhancing a stability operation of the semiconductor device, as is known to one of ordinary skill in the art.
With regard to claim 2, Shin et al. disclose the active device region (AP1) comprises a front-end-of-line region (a top surface region) and the multi-level interconnect structure (A) comprises a back-end-of-line region (a bottom structure region of the interconnect structure A functions as a back-end-of-line region).
With regard to claim 3, Shin et al. disclose a backside power delivery network (conductive layers 172 functions as a backside power delivery network) comprising one or more power rail interconnections (172) surrounded by the dielectric material (190, 191, 192).
With regard to claim 4, Shin et al. disclose the dielectric material (190, 191, 192) surrounds the interconnects (conductive layers 205, 206 functions as interconnects) in all of the two or more levels.
The applicant’s claim 5 does not distinguish over the Shin et al. and Usami et al. is referenced regardless of the functions allegedly performed by the claimed device, because only the device per se is relevant, not the recited function of the dielectric material provides an oxygen and metal diffusion barrier for the interconnects in the at least two of the two or more levels because the final structure after the incorporating references of Shin et al. and Usami et al. is formed the same as that of applicant, thus the final structure has the same intend of uses as the claimed invention. In reference to the claim language referring to the function of the dielectric material, intended use and other types of functional language must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim. In a claim drawn to a process of making, the intended use must result in a manipulative difference as compared to the prior art. In re Casey,152 USPQ 235 (CCPA 1967); In re Otto, 136 USPQ 458, 459 (CCPA 1963).
Note that functional language in a device claim is directed to the device per se, no matter which of the device’s functions is referred to in the claim. See In re Ludtke and Sloan, 169 USPQ 563 at 567, and In re Swinehart, 169 USPQ 226, both of which make it clear that it is the patentability of the device per se which must be determined in a “functional language” claim and not the patentability of the function, and that an old or obvious device alleged to perform a new function is not patentable as a device, whether claimed in “functional language” terms or not. Note that the above case law makes clear that in such cases applicant has the burden of showing that a prior art device that appears reasonably capable of performing the allegedly novel function is in fact incapable of doing so. See MPEP § 2114. See also In re Schreiber, 44 USPQ2d 1429, 1432 (Fed. Cir. 1997) (Claim to a spout having “taper … such as to by itself jam up the popped popcorn before the end of the cone and permit the dispensing of only a few kernels at a shake,” anticipated by an oil can spout having the same shape as spout Applicant disclosed as being adapted for dispensing said only a few kernels) and In re King, 231 USPQ 136 (Fed. Cir, 1986) ("It did not suffice merely to assert that [the cited prior art] does not inherently achieve [the claimed function], challenging the PTO to prove the contrary by experiment or otherwise. The PTO is not equipped to perform such tasks") for discussions of the roles of examiner and applicant in determining when and how functional limitations distinguish a claim from prior art disclosing the same structure.
With regard to claim 6, Usami et al. inherently disclose a dielectric constant value of the SiCNOH dielectric material is less than or equal to 3.3. (because Usami et al.’s the dielectric material is formed of SiCNOH which is the same material of applicant, so the dielectric material of Usami et al. has the same functions as the claimed invention.).
With regard to claim 7, Shin et al. disclose the interconnects (205, 206) in the at least two of the two or more levels comprise a metal wherein a metal material inherently having copper or aluminum (for example, see paragraph [0145]); or Usami et al. disclose the interconnects (201, 221) in the at least two of the two or more levels comprise copper or aluminum (for example, see column 3, line 49).
With regard to claim 8, Shin et al. do not clearly disclose the dielectric material is a porous dielectric material.
However, Usami et al. further discloses the dielectric material (12) is a porous dielectric material. (for example, see column 6, lines 61 – 62, fig. 9).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the Shin et al.’s device to have the dielectric material is a porous dielectric material as taught by Usami et al. in order to minimize the signal interference for enhancing a stability operation of the semiconductor device, as is known to one of ordinary skill in the art.
With regard to claim 12, Shin et al. disclose a semiconductor structure (for example, see figs. 2), comprising:
a front-end-of-line region (a top surface region of an active pattern AP1 functions as a front-end-of-line region) comprising one or more active devices (active devices having gate structures 120, and source/drain regions 150); and
a back-end-of-line region (the interconnect structure A, as annotated in fig. 2 below, functions as a back-end-of-line region) comprising metal interconnects (205, 206) for the one or more active devices (active devices having gate structures 120, and source/drain regions 150),
the metal interconnects (205, 206) being arranged in a hierarchy (a shape of the metal interconnect 206 as grading, or pyramid shaped; or the interconnects 205, 206 formed in a ladder shape wherein ladder, grading or pyramid shape defined as a hierarchy shape) of two or more levels (interconnect structures A having levels), a bottommost one of the two or more levels (interconnect structures A having levels) being adjacent the front-end-of-line region (the top surface region of an active pattern AP1 functions as a front-end-of-line region);
wherein a silicon, carbon, nitrogen, oxygen dielectric material (silicon oxycarbonitride layers 191, 192; or 190, 191, 192; for example, see paragraph [0143]) surrounds the interconnects (205, 206) in at least two of the two or more levels (for example, a first level for forming the interconnect 205 and a second level for forming the interconnect 206).
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Shin et al. do not clearly disclose the dielectric material comprise hydrogen.
However, Usami et al. discloses the dielectric material (SiCNOH dielectric material 40) comprise hydrogen (for example, see column 4, lines 19 – 21, fig. 9).
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Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the Shin et al.’s device to have the dielectric material comprise hydrogen as taught by Usami et al. in order to minimize the signal interference for enhancing a stability operation of the semiconductor device, as is known to one of ordinary skill in the art.
With regard to claim 13, Shin et al. disclose the interlayer dielectric material (191, 192) directly contacts the metal interconnects (205, 206) in the at least two of the two or more levels (for example, a first level for forming the interconnect 205 and a second level for forming the interconnect 206).
With regard to claim 14, Shin et al. disclose the interlayer dielectric material (191, 192) surrounds the metal interconnects (205, 206) in the at least two of the two or more levels (for example, a first level for forming the interconnect 205 and a second level for forming the interconnect 206).
With regard to claim 15, Shin et al. disclose the at least two of the two or more levels includes an uppermost one of the two or more levels which utilizes copper or aluminum for the metal interconnects. (for example, see paragraph [0145]); or Usami et al. disclose the interconnects (201, 221) in the at least two of the two or more levels comprise copper or aluminum (for example, see column 3, line 49).
With regard to claim 17, Shin et al. disclose an integrated circuit (for example, see figs. 2) comprising: a semiconductor structure, comprising:
an active device region (an active pattern AP1 functions as an active device region) comprising one or more active devices (active devices having gate structures 120, and source/drain regions 150); and a
multi-level interconnect structure (referred to as “A” by examiner’s annotation shown in fig. 2 below) comprising two or more levels of interconnects (conductive layers 205, 206 functions as interconnects) for the one or more active devices (active devices having gate structures 120, and source/drain regions 150) in the active device region (AP1);
wherein a silicon, carbon, nitrogen, oxygen dielectric material (silicon oxycarbonitride layers 191, 192; or 190, 191, 192; for example, see paragraph [0143]) surrounds the interconnects (205, 206) in at least two of the two or more levels of interconnects. (for example, a first level for forming the interconnect 205 and a second level for forming the interconnect 206).
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Shin et al. do not clearly disclose the dielectric material comprise hydrogen.
However, Usami et al. discloses the dielectric material (SiCNOH dielectric material 40) comprise hydrogen (for example, see column 4, lines 19 – 21, fig. 9).
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Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the Shin et al.’s device to have the dielectric material comprise hydrogen as taught by Usami et al. in order to minimize the signal interference for enhancing a stability operation of the semiconductor device, as is known to one of ordinary skill in the art.
With regard to claim 18, Shin et al. disclose the dielectric material (190, 191, 192) surrounds the interconnects (conductive layers 205, 206 functions as interconnects) in all of the two or more levels.
With regard to claim 19, Shin et al. disclose the interconnects (205, 206) in the at least two of the two or more levels comprise a metal wherein a metal material inherently having copper or aluminum (for example, see paragraph [0145]); or Usami et al. disclose the interconnects (201, 221) in the at least two of the two or more levels comprise copper or aluminum (for example, see column 3, line 49).
Allowable Subject Matter
3. Claims 9 – 11, 16, 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.
Claims 9 – 11, 16, 20 are allowable over the prior art of record, because none of these references disclose or can be combined to yield the claimed invention such as the SiCNOH dielectric material comprises greater than 50 atomic percentage carbon, less than 10 atomic percentage nitrogen and less than 10 atomic percentage oxygen as recited in claim 9, the SiCNOH interlayer dielectric material comprises 20-35 atomic percentage silicon, greater than 50 atomic percentage carbon, less than 10 atomic percentage nitrogen, less than 10 atomic percentage oxygen and 10-20 atomic percentage hydrogen as recited in claim 16, 20.
Conclusion
4. Any inquiry concerning this communication or earlier communications from the examiner should be directed to TAN N TRAN whose telephone number is (571) 272 - 1923. The examiner can normally be reached on 8:30-5:00PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Davienne Monbleau can be reached on (571) 272-1945. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TAN N TRAN/
Primary Examiner, Art Unit 2812
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