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 Group I, Species 1, Sub-species 1a, Sub-species 1b, claims 1-18, 21 and 22, in the reply filed on August 14, 2026 is acknowledged. Claims 19 and 20 have been cancelled by the Applicant. Action on the merits is as follows:
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.
Claim(s) 21 and 22 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Jeannot et al. (Jeannot) (US 7,923,820 B2).
In regards to claim 21, Jeannot (Figs. 3, 4 and associated text) discloses a device structure (Fig. 4) comprising: a first source/drain contact (items W1 plus P1, W3 plus P3 or W3 plus P3 plus V4 or W3 plus P3 plus V4 plus P4); a second source/drain contact (items W1 plus P1, W3 plus P3 or W3 plus P3 plus V4 or W3 plus P3 plus V4 plus P4); and in a cross-sectional view along a gate lengthwise direction: a silicon-and-oxygen comprising layer (item CD1) that extends from a sidewall of the first source/drain contact (items W1 plus P1, W3 plus P3 or W3 plus P3 plus V4 or W3 plus P3 plus V4 plus P4) to a sidewall of the second source/drain contact (items W1 plus P1, W3 plus P3 or W3 plus P3 plus V4 or W3 plus P3 plus V4 plus P4), a first metal-and-oxygen comprising layer (item ISP1 plus NM1) disposed over the silicon-and- oxygen comprising layer (item CD1), wherein the first metal-and-oxygen (item ISP1 plus NM1) comprising layer extends from the sidewall of the first source/drain contact (items W1 plus P1, W3 plus P3 or W3 plus P3 plus V4 or W3 plus P3 plus V4 plus P4), to the sidewall of the second source/drain contact (items W1 plus P1, W3 plus P3 or W3 plus P3 plus V4 or W3 plus P3 plus V4 plus P4), and a second metal-and-oxygen comprising layer (item CD2 plus V4 or CD2 plus V4 plus NM2) disposed over the first metal- and-oxygen comprising layer (item ISP1 plus NM1), wherein the second metal-and-oxygen (item CD2 plus V4 or CD2 plus V4 plus NM2) comprising layer extends from the sidewall of the first source/drain contact (items W1 plus P1, W3 plus P3 or W3 plus P3 plus V4 or W3 plus P3 plus V4 plus P4) to the sidewall of the second source/drain contact (items W1 plus P1, W3 plus P3 or W3 plus P3 plus V4 or W3 plus P3 plus V4 plus P4), the second metal-and-oxygen comprising layer (item CD2 plus V4 or CD2 plus V4 plus NM2) extends above a top of the first source/drain contact (items W1 plus P1, W3 plus P3 or W3 plus P3 plus V4 or W3 plus P3 plus V4 plus P4) and the second source/drain contact (items W1 plus P1, W3 plus P3 or W3 plus P3 plus V4 or W3 plus P3 plus V4 plus P4), and a void (item 8) is between the second metal-and-oxygen comprising layer (item CD2 plus V4 or CD2 plus V4 plus NM2) and the first metal-and-oxygen comprising layer (item ISP1 plus NM1).
In regards to claim 22, Jeannot (Figs. 3, 4 and associated text) discloses wherein the void (item 8) is a first void, and a second void (item 8) is within the second metal-and-oxygen comprising layer (item CD2 plus V4 or CD2 plus V4 plus NM2).
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) 1-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Liaw (US 2016/0284712 A1) in view of Jeannot et al. (Jeannot) (US 7,923,820 B2).
In regards to claim 1, Liaw (Figs. 7, 23, 24A-24C and associated text) discloses a device structure (item 24A), comprising: a multilayer dielectric layer (items 100 plus 106 plus 118 plus 124) having a lower layer (item 100), a middle layer (item 106), and an upper layer (items 118 or 118 plus 124), wherein a composition of the middle layer (item 106) is different than a composition of the upper layer (items 118 or 118 plus 124) and a composition of the lower layer (item 100, paragraphs 36, 39, 43, 47); and a source/drain interconnect (item 126) disposed in the multilayer dielectric layer (items 100 plus 106 plus 118 plus 124), wherein in a cross-sectional view along a gate lengthwise direction: the source/drain interconnect (item 126) interfaces with the lower layer (item 100), the middle layer (item 106), and the upper layer (items 118 or 118 plus 124), but does not specifically disclose a void is between a top central portion of the middle layer and a bottom central portion of the upper layer.
Jeannot (Figs. 3, 4 and associated text) discloses a void (item 8) is between a top central portion of the middle layer (item ISP1) and a bottom central portion of the upper layer (item CD2).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date to incorporate the teachings of Jeannot for the purpose of a low dielectric constant.
In regards to claim 2, Liaw (Figs. 7, 23, 24A-24C and associated text) as modified by Jeannot (Figs. 3, 4 and associated text) discloses wherein the void (item 8, Jeannot) is a first void and, in the cross-sectional view along the gate lengthwise direction, a second void (item 8, Jeannot) is within a middle central portion of the upper layer (item 106, Liaw, item CD2, Jeannot).
In regards to claim 3, Liaw (Figs. 7, 23, 24A-24C and associated text) as modified by Jeannot (Figs. 3, 4 and associated text) discloses wherein, in the cross-sectional view along the gate lengthwise direction, a third void (item 8, Jeannot) is between the middle layer, (item 106, Liaw, item ISP1, Jeannot), the lower layer (item 100, Liaw, item CD1, Jeannot), and the source/drain interconnect (item 126, Liaw, item W1 plus P1, W3 plus P3 plus, W3 plus P3 plus V4 or W3 plus P3 plus V4 plus p4, Jeannot).
In regards to claim 4, Liaw (Figs. 7, 23, 24A-24C and associated text) as modified by Jeannot (Figs. 3, 4 and associated text) discloses wherein, in the cross-sectional view along the gate lengthwise direction, a fourth void (item 8, Jeannot) is between the middle layer (item 106, Liaw, item ISP1, Jeannot), the upper layer (items 118 or 118 plus 124, Liaw, item CD2, Jeannot), and the source/drain interconnect (item 126, Liaw, item W1 plus P1, W3 plus P3 plus, W3 plus P3 plus V4 or W3 plus P3 plus V4 plus p4, Jeannot).
In regards to claim 5, Liaw (Figs. 7, 23, 24A-24C and associated text) as modified by Jeannot (Figs. 3, 4 and associated text) discloses wherein the fourth void (item 8, Jeannot) is between a bottom surface of the upper layer (items 118 or 118 plus 124, Liaw, item CD2, Jeannot), a top surface of the middle layer (item 106, Liaw, item ISP1, Jeannot), and a side surface of the source/drain interconnect (item 126, Liaw, item W1 plus P1, W3 plus P3 plus, W3 plus P3 plus V4 or W3 plus P3 plus V4 plus p4, Jeannot), but does not specifically disclose a curved bottom surface of the upper layer.
It would have been obvious to modify the invention to include an upper layer with a curved bottom surface, since such a modification would have involved a mere change in the shape of a component. A change in shape is generally recognized as being within the level of ordinary skill in the art (In re Rose, 105 USPQ 237 (CCPA 1955)).
In regards to claim 6, Liaw (Figs. 7, 23, 24A-24C and associated text) as modified by Jeannot (Figs. 3, 4 and associated text) discloses wherein the source/drain interconnect (item 126, Liaw, item W1 plus P1, W3 plus P3 plus, W3 plus P3 plus V4 or W3 plus P3 plus V4 plus p4, Jeannot) interfaces with gate spacers (item 116, Liaw, shown but not labeled, Jeannot) in a cross-sectional view along a gate widthwise direction.
In regards to claim 7, Liaw (Figs. 7, 23, 24A-24C and associated text) as modified by Jeannot (Figs. 3, 4 and associated text) discloses wherein: the source/drain interconnect (item 126, Liaw, item W1 plus P1, W3 plus P3 plus, W3 plus P3 plus V4 or W3 plus P3 plus V4 plus p4, Jeannot) includes a source/drain contact (item 126, Liaw, item W1 plus P1, W3 plus P3, Jeannot) and a source/drain via (item V4, Jeannot); in the cross-sectional view along the gate lengthwise direction, the source/drain contact (item 126, Liaw, item W1 plus P1, W3 plus P3, Jeannot) interfaces with the lower layer (item 100, Liaw, item CD1, Jeannot), the middle layer (item 106, Liaw, item ISP1, Jeannot), and the upper layer (items 118 or 118 plus 124, Liaw, item CD2, Jeannot); and in the cross-sectional view along the gate lengthwise direction, the source/drain via (item V4, Jeannot) interfaces with the upper layer (items 118 or 118 plus 124, Liaw, item CD2, Jeannot), but not the middle layer (item 106, Liaw, item ISP1, Jeannot)and the lower layer (item 100, Liaw, item CD1, Jeannot).
In regards to claim 8, Liaw (Figs. 7, 23, 24A-24C and associated text) as modified by Jeannot (Figs. 3, 4 and associated text) discloses wherein: in the cross-sectional view along the gate lengthwise direction, the source/drain interconnect includes (item 126, Liaw, item W1 plus P1, W3 plus P3 plus, W3 plus P3 plus V4 or W3 plus P3 plus V4 plus p4, Jeannot) a first side and a second side opposite the first side; the first side interfaces with the lower layer (item 100, Liaw, item CD1, Jeannot), the middle layer (item 106, Liaw, item ISP1, Jeannot), and the upper layer (items 118 or 118 plus 124, Liaw, item CD2, Jeannot); the second side interfaces with the lower layer (item 100, Liaw, item CD1, Jeannot) and the middle layer (item 106, Liaw, item ISP1, Jeannot); and the second side does not interface with the upper layer (items 118 or 118 plus 124, Liaw, item CD2, Jeannot).
In regards to claim 9, Liaw (Figs. 7, 23, 24A-24C and associated text) as modified by Jeannot (Figs. 3, 4 and associated text) discloses further comprising a hard mask remnant disposed between the second side and the upper layer (items 118 or 118 plus 124, Liaw, item CD2, Jeannot)..
In regards to claim 10, Liaw (Figs. 7, 23, 24A-24C and associated text) as modified by Jeannot (Figs. 3, 4 and associated text) does not specifically disclose wherein the multilayer dielectric layer (items 100 plus 106 plus 118 plus 124, Liaw, items CD1 plus ISP1 plus CD2, Jeannot) has a first shape in the cross-sectional view along the gate lengthwise direction and a second shape that is different than the first shape in a cross-sectional view along a gate widthwise direction.
It would have been obvious to modify the invention to include a multilayer dielectric layer having a first shape in the cross-sectional view along the gate lengthwise direction and a second shape that is different than the first shape in a cross-sectional view along a gate widthwise direction, since such a modification would have involved a mere change in the shape of a component. A change in shape is generally recognized as being within the level of ordinary skill in the art (In re Rose, 105 USPQ 237 (CCPA 1955)). Examiner notes the Applicant has not given any criticality to the shape as to where it yields an unexpected advantage and/or result.
In regards to claim 11, Liaw (Figs. 7, 23, 24A-24C and associated text) as modified by Jeannot (Figs. 3, 4 and associated text) does not specifically disclose wherein the first shape is a trapezoidal shape.
In regards to claim 12, Liaw (Figs. 7, 23, 24A-24C and associated text) as modified by Jeannot (Figs. 3, 4 and associated text) does not specifically disclose wherein the second shape is a rectangular shape.
In regards to claim 13, Liaw (Figs. 7, 23, 24A-24C and associated text) as modified by Jeannot (Figs. 3, 4 and associated text) does not specifically disclose wherein each of the upper layer and the middle layer has a tapered thickness in the cross-sectional view along the gate lengthwise direction.
It would have been obvious to modify the invention to include a first shape being a trapezoidal shape, a second shape being a rectangular shape and an upper layer and the middle layer having a tapered thickness in the cross-sectional view along the gate lengthwise direction since such a modification would have involved a mere change in the shape of a component. A change in shape is generally recognized as being within the level of ordinary skill in the art (In re Rose, 105 USPQ 237 (CCPA 1955)). Examiner notes the Applicant has not given any criticality to the shape as to where it yields an unexpected advantage and/or result.
Claim(s) 1-18 are rejected under 35 U.S.C. 103 as being unpatentable over Jeannot et al. (Jeannot) (US 7,923,820 B2) in view of Liaw (US 2016/0284712 A1).
In regards to claim 1, Jeannot a device structure (item 24A), comprising: a multilayer dielectric layer (items CD1 plus ISP1 plus CD2) having a lower layer (item CD1), a middle layer (item ISP1), and an upper layer (item CD2); and a source/drain interconnect (items W1 plus P1, W3 plus P3, W3 plus P3 plus V4, W3 plus P3 plus V4 plus P4) disposed in the multilayer dielectric layer (items CD1 plus ISP1 plus CD2), wherein in a cross-sectional view along a gate lengthwise direction: the source/drain interconnect (items W1 plus P1, W3 plus P3, W3 plus P3 plus V4, W3 plus P3 plus V4 plus P4) interfaces with the lower layer (item CD1), the middle layer (item ISP1), and the upper layer (item CD2), and a void (item 8) is between a top central portion of the middle layer (item ISP1) and a bottom central portion of the upper layer (item CD2), does not specifically disclose wherein a composition of the middle layer is different than a composition of the upper layer and a composition of the lower layer.
Liaw (Figs. 7, 23, 24A-24C and associated text) discloses wherein a composition of the middle layer (item 106) is different than a composition of the upper layer (items 118 or 118 plus 124) and a composition of the lower layer (item 100, paragraphs 36, 39, 43, 47).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date to incorporate the teachings of Liaw for the purpose of protection, etch stopping characteristics, dielectric constant, etc., since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use (In re Leshin, 125 USPQ 416). .
In regards to claims 2-13, Jeannot (Figs. 3, 4 and associated text) as modified by Liaw (Figs. 7, 23, 24A-24C and associated text) discloses the Applicants claimed invention (see rejections above between Liaw as modified by Jeannot above and following rejections of claims 14-18 of Jeannot as modified Liaw).
In regards to claim 14, Jeannot (Figs. 3, 4 and associated text) discloses a device structure (Fig. 4), comprising: a first source/drain contact (items W1 plus P1) to a first source/drain (item D); a second source/drain contact (items W3 plus P3 or W3 plus P3 plus V4 or W3 plus P3 plus V4 plus P4) to a second source/drain (item S); and a tri-layer interlayer dielectric (ILD) layer (items CD1 plus ISP1 plus CD2) disposed between the first source/drain contact (items W1 plus P1) and the second source/drain contact (items W3 plus P3 or W3 plus P3 plus V4 or W3 plus P3 plus V4 plus P4), wherein the tri-layer ILD layer (items CD1 plus ISP1 plus CD2) includes: a first dielectric layer (item CD1), a second dielectric layer (item ISP1) disposed over the first dielectric layer (item CD1), a third dielectric layer (item CD2) disposed over the second dielectric layer (item ISP1), a void (item 8) disposed in a top central portion of the second dielectric layer (item ISP1), wherein the void (item 8) is formed between a bottom surface of the third dielectric layer (item CD2) and a recessed top surface of the second dielectric layer (item ISP1), and wherein the first dielectric layer (item CD1) has a first composition, the second dielectric layer (item ISP1) has a second composition, and the third dielectric layer (item CD2) has a third composition, but does not specifically disclose wherein the first composition, the second composition, and the third composition are different.
Liaw (Figs. 7, 23, 24A-24C and associated text) discloses wherein the first dielectric layer (item 100) has a first composition, the second dielectric layer (item 106) has a second composition, and the third dielectric layer (item 118 or 118 plus 124) has a third composition, wherein the first composition, the second composition, and the third composition are different (paragraphs 36, 39, 43, 47).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date to incorporate the teachings of Liaw for the purpose of protection, etch stopping characteristics, dielectric constant, etc., since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use (In re Leshin, 125 USPQ 416). .
In regards to claim 15, Jeannot (Figs. 3, 4 and associated text) as modified by Liaw (Figs. 7, 23, 24A-24C and associated text) discloses wherein the void (item 8, Jeannot) is a first void and the tri-layer ILD layer (items CD1 plus ISP1 plus CD2, Jeannot, items 100 plus 106 plus 118 plus 124, Liaw) further includes a second void (item 8, Jeannot) disposed in a middle central portion of the third dielectric layer (item CD2, Jeannot, items 118 or 118 plus 124, Liaw), wherein the second void (item 8, Jeannot) is formed within the third dielectric layer (item CD2, Jeannot, items 118 or 118 plus 124, Liaw).
In regards to claim 16, Jeannot (Figs. 3, 4 and associated text) as modified by Liaw (Figs. 7, 23, 24A-24C and associated text) discloses wherein the void (item 8, Jeannot) is a first void and the tri-layer ILD layer (items CD1 plus ISP1 plus CD2, Jeannot, items 100 plus 106 plus 118 plus 124, Liaw) further includes at least one second void (item 8, Jeannot) formed between a bottom edge of the second dielectric layer (item ISP1, Jeannot, item 106, Liaw) and a top edge of the first dielectric layer (item CD1, Jeannot, item 100, Liaw).
In regards to claim 17, Jeannot (Figs. 3, 4 and associated text) as modified by Liaw (Figs. 7, 23, 24A-24C and associated text) discloses wherein the void (item 8, Jeannot) is a first void and the tri-layer ILD layer further includes at least one second void (item 8, Jeannot) formed between a bottom edge of the third dielectric layer (item CD2, Jeannot, items 118 or 118 plus 24, Liaw) and a top edge of the second dielectric layer (item ISP1, Jeannot, item 106, Liaw).
In regards to claim 18, Jeannot (Figs. 3, 4 and associated text) as modified by Liaw (Figs. 7, 23, 24A-24C and associated text) discloses wherein the first dielectric layer (item CD1, Jeannot, item 100, Liaw) has a first thickness, the second dielectric layer (item ISP1, Jeannot, item 106, Liaw) has a second thickness, the third dielectric layer (item CD2, Jeannot, items 118 or 118 plus 24, Liaw) has a third thickness, wherein the first thickness is less than the second thickness and the third thickness.
Conclusion
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TELLY D. GREEN
Examiner
Art Unit 2898
/TELLY D GREEN/Primary Examiner, Art Unit 2898 September 24, 2026
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