DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “after recessing the metal-comprising layer, forming a metal-comprising cap layer on the second top surface of the metal-comprising layer- -” must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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.
Claim 1 is 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.
In claim 1, reciting “ - -after recessing the metal-comprising layer, forming a metal-comprising cap layer on the second top surface of the metal-comprising - -“ is not supported by applicant’s specification and drawing.
In Fig. 8-15, para. 0047+, applicant clearly recites that forming a metal-comprising cap layer 130 is formed before recessing the metal- comprising cap layer and “after recessing the metal-comprising layer, forming a metal- comprising cap layer - - “ is not supported by applicant’s specification and drawing.
Claim Rejections - 35 USC § 103
The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under pre-AIA 35 U.S.C. 103(a) are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim 1-8 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Shue et al. (US 20070126121) in view of Ponoth et al. (US 20100264543).
Regarding claim 1, Shue discloses that a method comprising: forming a first dielectric layer;
forming a trench 26 in the first dielectric layer 24 (Fig. 4);
depositing a metal-comprising liner 30 and a metal-comprising layer 32 over the first dielectric layer (Fig. 5), wherein the metal-comprising liner 30 and the metal-comprising layer 32 fill the trench, wherein the metal-comprising liner 30 is between the metal-comprising layer 32 and the first dielectric layer 24;
performing a planarization process (para. 0022, CMP), wherein a remainder of the metal-comprising layer and a remainder of the metal-comprising liner after the planarization process form a first conductive line in the first dielectric layer, and further wherein the planarization process provides a first top surface formed by the dielectric layer and the first conductive line (Fig. 5);
recessing the metal-comprising layer to provide the metal-comprising layer with a second top surface that is a distance below the first top surface, wherein the first top surface is formed by the dielectric layer and the metal-comprising liner after the recessing (Fig., 12).
Shue fails to teach that after recessing the metal-comprising layer, forming a metal-comprising cap layer on the second top surface of the metal-comprising layer, wherein a thickness of the metal-comprising cap layer is equal to the distance, the metal-comprising cap layer includes a first metal, the metal- comprising layer includes a second metal that is different than the first metal, and the first top surface is formed by the dielectric layer, the metal-comprising liner, and the metal-comprising cap layer after forming the metal-comprising cap layer;
forming a conductive via that extends through the metal-comprising cap layer and extends a distance into the metal-comprising layer; and
forming a second conductive line over the conductive via, wherein the conductive via extends from the second conductive line into the first conductive line.
However, Ponoth suggests that at after recessing the metal-comprising layer (Fig. 2), forming a metal-comprising cap layer 210 on the second top surface of the metal-comprising layer 160, wherein a thickness of the metal-comprising cap layer is equal to the distance (Fig. 3), the metal-comprising cap layer 210 includes a first metal (para. 0013, CoWP, CoWB Ru), the metal- comprising layer 160 includes a second metal (para. 0011, note: copper and/or copper alloys such as CuAl and CuMn) that is different than the first metal 210, and the first top surface is formed by the dielectric layer, the metal-comprising liner, and the metal-comprising cap layer after forming the metal-comprising cap layer (Fig. 1 & 3);
forming a conductive via 230 that extends through the metal-comprising cap layer 210 and extends a distance into the metal-comprising layer; and
forming a second conductive line 220 over the conductive via 210, wherein the conductive via 210 extends from the second conductive line into the first conductive line (Fig. 4).
Therefore, it would have been obvious to one of ordinary skill in the art before effective filing date of applicant(s) claimed invention was made to provide Shue with after recessing the metal-comprising layer, forming a metal-comprising cap layer on the second top surface of the metal-comprising layer, wherein a thickness of the metal-comprising cap layer is equal to the distance, the metal-comprising cap layer includes a first metal, the metal- comprising layer includes a second metal that is different than the first metal, and the first top surface is formed by the dielectric layer, the metal-comprising liner, and the metal-comprising cap layer after forming the metal-comprising cap layer;
forming a conductive via that extends through the metal-comprising cap layer and extends a distance into the metal-comprising layer; and
forming a second conductive line over the conductive via, wherein the conductive via extends from the second conductive line into the first conductive line as taught by Ponoth in order to enhance variety of dual damascenes connections and also, the claim would have been obvious because a particular know technique was recognized as part of the ordinary capabilities of one skilled in the art.
Reclaim 2, Shue & Ponoth disclose that the dielectric layer is a first dielectric layer 24, the metal-comprising liner 30 is a first metal-comprising liner, the metal-comprising layer 32 is a first metal- comprising layer, and the forming the conductive via includes: forming an etch stop120 layer on the first top surface formed by the dielectric layer 110 (Ponoth, Fig. 2), the metal- comprising liner 150, and the metal-comprising cap layer 210;
forming a second dielectric layer 130 on the etch stop layer 120;
forming a via opening 170 in the second dielectric layer, wherein the via opening exposes the metal-comprising cap layer (Fig. 3, Ponoth);
extending the via opening through the etch stop layer 120, through the metal-comprising cap layer, and the distance into the metal-comprising layer (Fig. 3);
forming a second metal-comprising layer 230 and a second metal-comprising liner 220 in the via opening, wherein the second metal-comprising layer is wrapped by the second metal-comprising liner, the second metal-comprising liner is disposed between the first metal-comprising layer and the second metal-comprising layer, between the metal-comprising cap layer and the second metal- comprising layer, between the etch stop layer and the second metal-comprising layer, and between the second dielectric layer and the second metal-comprising layer (Ponoth, Fig. 4).
Reclaim 3, Shue & Ponoth disclose that the trench is a first trench and the forming the second conductive line over the conductive via includes: forming a second trench that is connected to the via opening in the second dielectric layer before extending the via opening through the etch stop layer, through the metal-comprising cap layer, and the distance into the metal-comprising layer; and forming the second metal-comprising layer and the second metal-comprising liner in the second trench (Repeating process of Shue & Ponoth).
Reclaim 4, Shue & Ponoth disclose that a portion of the via opening in the metal- comprising layer is formed by tapered sidewalls of the metal-comprising layer (Shue’s Fig. 12 in view of Ponoth’s Fig. 1-4).
Reclaim 5, Shue & Ponoth disclose that the depositing the metal-comprising layer includes depositing a copper-comprising layer and the forming the metal-comprising cap layer includes forming a cobalt-comprising layer. 6. The method of claim 5, wherein the cobalt-comprising layer is a CoWP layer (Shue’s Fig. 12 in view of Ponoth’s Fig. 1-4).
Reclaim 7, Shue & Ponoth disclose that the planarization process is a first planarization process and the forming the metal-comprising cap layer includes depositing a metal-comprising material on the second top surface of the metal-comprising layer and performing a second planarization process, wherein the first top surface is formed by the dielectric layer, the metal- comprising liner, and the metal-comprising cap layer after the second planarization process (Shue’s Fig. 12 in view of Ponoth’s Fig. 1-4).
Reclaim 8, Shue & Ponoth disclose that the depositing the metal-comprising material includes performing a physical vapor deposition process (Shue’s Fig. 12 in view of Ponoth’s Fig. 1-4).
Claim 9-20 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Shih et al. (US 20070269978) in view of Yang et al. (US 20090218691).
Regarding claim 9, Shih discloses that a method of forming an electrical interconnection, the method comprising:
forming a metal line 28 within a dielectric layer 20, wherein a top surface of the metal line is flush with a top surface of the dielectric layer (Fig. 5);
etching back the metal line (Fig. 5B-6B), such that the top surface of the metal line is recessed below the top surface of the dielectric layer 20;
after the etching back of the metal line, forming a metal cap directly on the recessed top surface of the metal line, wherein the metal cap 48 includes a first metal (para. 0029), the metal line includes a second metal 42, and the first metal is different than the second metal (para. 0022 & 0022), ;
after the forming of the metal cap 48, planarizing the metal cap, such that a top surface of the metal cap is flush with the top surface of the dielectric layer (Fig. 7A and para. 0032).
Shih fails to teach that forming a recess that extends through the metal cap and into the metal line, wherein a distance is between the recessed top surface of the metal line and a bottom of the recess; and forming a metal via in the recess, wherein the metal via extends through the metal cap and the distance into the metal line, wherein the metal via includes a tapered portion disposed within the metal line.
Yang suggests that forming a recess that extends through the metal cap 60 and into the metal line 58 , wherein a distance is between the recessed top surface of the metal line and a bottom of the recess; and forming a metal via in the recess, wherein the metal via extends through the metal cap 60 and the distance into the metal line, wherein the metal via includes a tapered portion disposed within the metal line (Fig. 10).
Therefore, it would have been obvious to one of ordinary skill in the art before effective filing date of applicant(s) claimed invention was made to provide Shih with forming a recess that extends through the metal cap and into the metal line, wherein a distance is between the recessed top surface of the metal line and a bottom of the recess; and forming a metal via in the recess, wherein the metal via extends through the metal cap and the distance into the metal line, wherein the metal via includes a tapered portion disposed within the metal line as taught by Yang in order to improved reliability and technology extendibility (para. 0012)and also, the claim would have been obvious because a particular know technique was recognized as part of the ordinary capabilities of one skilled in the art.
Reclaim 10, Shih & Yang disclose that the metal cap 48 includes cobalt, tungsten, and phosphorous (para. 0030); the metal via includes copper 64; and the metal line includes copper (Shih in view of Yang).
Reclaim 11, Shih & Yang disclose that the dielectric layer is a first dielectric layer and the method further includes: forming an etch stop layer 21 on the metal cap and the first dielectric layer 20 before the forming of the recess that extends through the metal cap (Shih, Fig. 4-6); forming a second dielectric layer on the etch stop layer (para. 0021, note: silicon nitride or silicon carbide) before the forming of the recess that extends through the metal cap; and wherein the forming of the recess that extends through the metal cap further includes forming the recess through the second dielectric layer and the etch stop layer (Shih, Fig. 4-6).
Reclaim 12, Shih & Yang disclose that the etching back the metal line exposes a first sidewall portion of a metal barrier and a second sidewall portion of a metal barrier, the metal barrier is disposed between the metal line and the dielectric layer, and the metal cap interfaces with the first portion of the metal barrier and the second sidewall portion of the metal barrier (Shih, Fig. 6).
Reclaim 13, Shih & Yang disclose that a portion of the recess in the metal line has a first via tapered sidewall, a second via tapered sidewall, and a via bottom formed by the metal line, wherein the via bottom extends from the first via tapered sidewall to the second via tapered sidewall and a second distance is between the top surface of the metal line and the via bottom (Shih, Fig. 6).
Reclaim 14, Shih & Yang disclose that a portion of the recess in the metal cap has a first via sidewall and a second via sidewall formed by the metal cap, wherein the first via tapered sidewall extends from the first via sidewall to the via bottom and the second via tapered sidewall extends from the second via sidewall to the via bottom (Shih, Fig. 6 in view of Yang’s Fig. 10).
Regarding claim 15, Shih & Yang disclose that a method comprising:
forming a trench opening in a dielectric layer 20 (Shih, Fig. 2);
forming a barrier layer 28 that partially fills the trench opening;
forming a metal plug 30 that fills a remainder of the trench opening, wherein: the metal plug has a first sidewall, a second sidewall opposite the first sidewall, and a top surface extending from the first sidewall and the second sidewall, wherein the top surface of the metal plug is disposed a first distance below a top surface of the dielectric layer (Shih, Fig. 6), and the barrier layer 42 wraps the metal plug, such that the barrier layer is disposed between the dielectric layer and the first sidewall of the metal plug, the dielectric layer 20 and the second sidewall of the metal plug, and the dielectric layer and a bottom surface of the metal plug, wherein a first portion of the barrier layer along the first sidewall of the metal plug and a second portion of the barrier layer along the second sidewall of the metal plug extends the first distance between the top surface of the metal plug and the top surface of the dielectric layer; forming a cap layer 48 on the top surface of the metal plug 34, wherein the cap layer 48 has a first cap sidewall that interfaces with the first portion of the barrier layer and a second cap sidewall that interfaces with the second portion of the barrier layer (Shih, Fig. 7A) ; forming an etch stop layer 60 that interfaces with the dielectric layer 54, the first portion of the barrier layer 56, the second portion of the barrier layer, and a top surface of the cap layer 60; and forming a via 78 & 80 having a first via sidewall, a second via sidewall, a first via tapered sidewall, a second via tapered sidewall, and a via bottom, wherein: each of the first via sidewall and the second via sidewall interface with the etch stop layer, the cap layer, and the metal plug, the first via tapered sidewall extends from the first via sidewall to the via bottom and the second via tapered sidewall extends from the second via sidewall to the via bottom, such that the via bottom extends between the first via tapered sidewall and the second via tapered sidewall and a second distance is between the top surface of the metal plug and the via bottom, and the metal plug interfaces with an entirety of the first via tapered sidewall and an entirety of the second via tapered sidewall (Shih in view of Yang Fig. 10).
Reclaim 16, Shih & Yang disclose that the cap layer includes cobalt, tungsten, and phosphorous (Yang para. 0038); the via includes copper; and the metal plug includes copper (Yang, para. 0036).
Reclaim 17 Shih & Yang disclose that the barrier layer is disposed along a first sidewall of the trench opening formed by the dielectric layer, a second sidewall of the trench opening formed by the dielectric layer, and a bottom of the trench opening formed by the dielectric layer; and the forming the metal plug that fills the remainder of the trench opening includes: depositing a metal material over the barrier layer, wherein the metal material fills the remainder of the trench opening, performing a planarization process that provides the metal material with a top surface that is flush with the top surface of the dielectric layer, and recessing the metal material, such that the top surface of the metal material is lower than the top surface of the dielectric layer (Shih in view of Yang’s Fig. 10).
Reclaim 18, Shih & Yang disclose that the forming the via includes etching a via opening that extends through the etch stop layer, through the cap layer, and into the metal plug and forming a via plug in the via opening (Shih in view of Yang’s Fig. 10).
Reclaim 19 ,Shih & Yang disclose that the forming the cap layer includes: depositing a metal material over the top surface of the metal plug; and performing a planarization process that provides the metal material with a top surface that is flush with the top surface of the dielectric layer (Shih in view of Yang’s Fig. 10).
Reclaim 20 Shih & Yang disclose that the barrier layer is a first barrier layer and the forming the via includes forming a via plug wrapped by a second barrier layer, wherein second barrier layer is disposed between the via plug and the cap layer, wherein a first material of the first barrier layer is different than a second material of the second barrier layer (Shih in view of Yang’s Fig. 10).
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 19-20 of U.S. Patent No. 10032712 in view of Shih et al. (US 20070269978) in view of Yang et al. (US 20090218691).
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 15-20 of U.S. Patent No. 12068241 in view of Shih et al. (US 20070269978) in view of Yang et al. (US 20090218691).
Conclusion
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/SU C KIM/Primary Examiner, Art Unit 2899
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