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 .
Terminal Disclaimer
The terminal disclaimer filed on September 3, 2026 disclaiming the terminal portion of any patent granted on this application which would extend beyond the expiration date of US Pat. 11,791,203 has been reviewed and is accepted. The terminal disclaimer has been recorded.
In view of applicant’s terminal disclaimer filed on September 3, 2026, the rejections of claims 1-6 under nonstatutory double patenting as stated in the Office Action mailed on June 24, 2026 have been withdrawn
Response to Amendment
In view of applicant’s amendments and arguments filed on September 3, 2026, the objection of the title, and the rejection of claim 1 under 35 U.S.C. 101 statutory double patenting as stated in the Office Action mailed on June 24, 2026 have been withdrawn.
Claims 1 and 6 were previously rejected under 35 U.S.C. 102(a)(1) as being anticipated by Song et al. (US Pub. 2013/0001796). This rejection is still maintained. See below for Rejection - 35 U.S.C. 102(a)(1) and Response to Arguments.
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.
Claims 1 and 6 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Song (US Pub. 2013/0001796; hereinafter “Song”).
Regarding Claim 1, Song discloses a method for fabricating semiconductor device, comprising: forming a first inter-metal dielectric (IMD) layer 40 (page 6, paragraph 105) on a substrate 10 (see fig. 5A); forming a first metal interconnection (84, 88) (page 7, paragraph 126) in the first IMD layer 40 (see fig. 5J); removing part of the first IMD layer 40 (page 6, paragraph 116; see fig. 5G); forming a spacer (94, 98) (page 7, paragraph 120) adjacent to the first metal interconnection (84, 88) (see figs. 5I and 5J), wherein an inner sidewall of the spacer (94, 98) comprises an inclined sidewall (see fig. 5J) and a bottom surface of the spacer (94, 98) is even with a top surface of the first IMD layer 40 adjacent to the spacer (94, 98) (a top surface TS1 of a convex portion CVP of the first IMD layer 40 is even with the bottom surface of the spacer 94, 98; see fig. 5J); forming a second IMD layer 100 (page 7, paragraph 133) on the spacer (94, 98) and the first metal interconnection (84, 88) and directly contacting the first IMD layer 40 (page 7, paragraph 133; see fig. 5M); and forming a second metal interconnection (153, 156, 159) (page 8, paragraph 150) in the second IMD layer 100 (see fig. 5T) and on the spacer (94, 98) and the first metal interconnection (84, 88) (a middle second metal interconnection 156 is formed on the spacers 94, 98, and left and right second metal interconnections 153, 159 are formed on the first metal interconnections 84, 88; see fig. 5T), wherein a sidewall of the second metal interconnection 156 is aligned with a sidewall of the spacer (94, 98) (the middle second metal interconnection 156 is aligned with outer sidewalls of the spacers 94, 98; see fig. 5T).
Regarding Claim 6, Song discloses wherein the second metal interconnection (153, 156, 159) contacts the spacer (94, 98) and the first metal interconnection (84, 88) directly (see fig. 5T).
Allowable Subject Matter
Claims 2-5 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.
The following is a statement of reasons for the indication of allowable subject matter:
Claim 2 recites the step of forming the second IMD layer comprises: forming a first dielectric layer on the first IMD layer; forming a second dielectric layer on the first dielectric layer; and forming a third dielectric layer on the second dielectric layer.
These features in combination with the other elements of the base claim are neither disclosed nor suggested by the prior art of record.
Claims 3-5 depend from claim 2, so they are objected for the same reason.
Response to Arguments
Applicant’s arguments with regard to the rejections under 35 U.S.C. 102(a)(1) has been fully considered, but they are not deemed to be persuasive for at least the following reasons.
With regard to the pending 35 USC § 102(a)(1) rejection, applicant presents the following arguments:
Claim 1 has been amended to specify forming a spacer adjacent to the first metal interconnection, wherein an inner sidewall of the spacer comprises an inclined sidewall and a bottom surface of the spacer is even with a top surface of the first IMD layer adjacent to the spacer. The amended feature is supported in Fig. 3 of the instant application showing the feature of forming a spacer (24) adjacent to the first metal interconnection (18), wherein an inner sidewall of the spacer comprises an inclined sidewall and a bottom surface of the spacer is even with a top surface of the first IMD layer (16) adjacent to the spacer.
Song in Fig. 5J of the cited reference discloses the step of forming a spacer (94, 98) adjacent to the first metal interconnection (84, 88). Song however fails to disclose an inner sidewall of the spacer comprises an inclined sidewall and a bottom surface of the spacer is even with a top surface of the first IMD layer adjacent to the spacer, as recited in the amended claim 1 of the present invention. Instead, the bottom surface of the spacer (94, 98) is clearly higher than the top surface of the first IMD layer (40) adjacent to the spacer.
However, Song discloses an inclined inner sidewall of the spacer (94, 98). Specifically, the first metal interconnection (84, 88) has an inclined sidewall, and the spacer (94, 98) is disposed in contact with the inclined sidewall of the first metal interconnection (84, 88). Thus, the inner sidewall of the spacer (94, 98) follows the inclined sidewall of the first metal interconnection (84, 88) and is likewise inclined.
Further, as shown in FIG. 5J, the lower insulating film 40 has at least two distinct upper surfaces, including a first upper surface TS1 corresponding to the convex portion CVP and a second upper surface TS2 corresponding to the concave portion CCP1 (page 3, paragraphs 67 and 68). The first upper surface TS1 of the lower insulating film 40 is at the same vertical level as the bottom surface of the spacer (94, 98). The specification further identifies the interface between the first upper surface TS1 of the lower insulating film 40 and the lower surface of spacer 94 as a “fourth boundary surface” (page 1, paragraph 21; page 4, paragraph 82).
Accordingly, the first upper surface TS1 corresponds to the top surface of the lower insulating film 40 adjacent to the spacer (94, 98). As illustrated in FIG. 5J, the first upper surface TS1 and the bottom surface of the spacer (94, 98) are at the same vertical level and are therefore coplanar. Thus, Song teaches that the bottom surface of the spacer (94, 98) is even with the top surface of the first IMD layer 40 adjacent to the spacer (94, 98).
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHEUNG LEE whose telephone number is (571)272-5977. The examiner can normally be reached 9 AM - 5:30 PM.
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/CHEUNG LEE/Primary Examiner, Art Unit 2812 September 23, 2026
