DETAILED ACTION
This action is responsive to the amendment received on 07/06/2026.
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 Objections
Claim(s) 5 and 11-15 is/are objected to because of the following informalities where proposed corrections are bolded and underlined:
Claim 5, lines 1-2, “a dimension of the trench in the first horizontal direction exceeds” where the word horizontal is necessary to agree with the amendments to the prior claims which have changed first direction to first horizontal direction.
Claim 11, lines 13-14, “wherein the first opening and the second opening each extend in [[a]] the second horizontal direction different from the first horizontal direction in the top view” where the second horizontal direction was already introduced by the amendments earlier in the claim.
The balance of claims are objected to at least for their dependencies. Appropriate correction is required.
Claim Rejections - 35 USC § 102
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 and 9-20 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by US 2014/0154885 A1; Sim et al.; 06/2014; (“Sim”).
Regarding Claim 1. Sim discloses A method (Figures 1-18) comprising:
forming a first layer (#9, Figure 1B, second mask layer) over a substrate (#1, Figure 1B, substrate that #9 is formed over) in a cross-sectional side view defined by a first horizontal direction and a vertical direction (Figure 1B, #9 is over #1 in a cross-sectional sideview in the region A-A’, defined in by the left-right horizontal direction and the up-down vertical direction which are the up-down direction and the in-out of the page directions in Figure 1A);
forming a second layer (#17, Figures 1A-1B, third mask layer) over the first layer (Figure 1B, #17 is formed over #9), the second layer including a trench that exposes a portion of the first layer (Figures 2A-2B, there are a plurality of trenches formed in #17 which expose portions of #9, let the trench between #19wI structures in Figure 2A be the trench considered herein);
filling the trench with a spacer (#23, Figures 3A-3B, spacer layer that at least partially fills the trench), such that the spacer separates the second layer in the first horizontal direction in the cross-sectional side view (Figure 3B, #23 separates remaining portions of #17 in the left-right horizontal direction);
removing portions of the second layer (Figures 5A-5B, portions of #17 are removed to form empty spaces #V1 in #17 in the regions #19c), wherein the removed portions of the second layer were located adjacent to the spacer in the first horizontal direction (Figure 5A, the removed portions of #17 near the middle and right sides of Figure 5A were adjacent to portions of #23 in the up-down first horizontal direction), thereby forming:
a first opening defined by a first portion of the second layer and the spacer in the first horizontal direction (Figures 5A and 5B, middle empty space under portion #19c and bounded at least partially by a remaining portion of #17 and #23 in the first horizontal direction); and
a second opening defined by a second portion of the second layer and the spacer in the first horizontal direction (Figures 5A and 5B, right empty space under portion #19c and bounded at least partially by a remaining portion of #17 and #23 in the first horizontal direction); and
extending the first opening and the second opening into the first layer (Figures 6A-6B, the empty spaces are extended into #9).
Regarding Claim 2. Sim discloses The method of claim 1, wherein the first layer (#9) and the second layer (#17) have different material compositions ([0038], “third mask layers . . . 17 may include . . . spin-on-hardmask (SOH) or spin-on-carbon (SOC) . . . second . . . mask layers 9 . . . may . . . a silicon oxynitride layer (SiON).”, i.e. #9 and #17 are different materials).
Regarding Claim 3. Sim discloses The method of claim 1, wherein:
the trench extends in a second horizontal direction in a top view (Figure 2A, the trench between #19w1 structures extends in a second left-right horizontal direction in the provided top view); and
the second horizontal direction different from the first horizontal direction in the top view (Figure 2A, the second horizontal direction is left-right in the top view and the first horizontal direction is up-down in the top view).
Regarding Claim 4. Sim discloses The method of claim 3, wherein the second horizontal direction is perpendicular to the first horizontal direction (Figure 2A, the second horizontal direction being left-right in the top view is perpendicular to the first horizontal direction being up-down in the top view).
Regarding Claim 5. Sim discloses The method of claim 3, wherein a dimension of the trench in the first horizontal direction exceeds a dimension of the first opening or a dimension of the second opening in the second horizontal direction (Figures 2A and 5A, the dimension of the trench between the 19w1 in the first up/down horizontal direction necessarily exceeds a dimension of the opening under 19c in the left/right horizontal direction near the top of the semi-circle since that dimension progresses to zero at the apex of the semicircle).
Regarding Claim 6. Sim discloses The method of claim 1, wherein the removing is performed until the first opening and the second opening expose portions of the first layer (Figure 5B, the removing of portions of #17 is done until the openings in the region of #19c expose the top surface of #9).
Regarding Claim 7. Sim discloses The method of claim 1, wherein the extending is performed using a selective etch process that etches away portions of the first layer at a greater rate than the spacer (Figure 6B, [0047], the etch to extend the openings through #9 uses #23s as an etch mask since #23 is made of a different material than #9 and #23s are shown to remain standing after the etch concludes in Figure 6B such that the selective etch necessarily etches #9 at a greater rate than #23).
Regarding Claim 9. Sim discloses The method of claim 1, wherein the filling the trench comprises depositing a silicon oxide material into the trench (Figure 3B, [0044], spacer #23 is formed in the trench by depositing silicon oxide).
Regarding Claim 10. Sim discloses The method of claim 1, further comprising removing the spacer (Figures 6-8, all of the spacer features #23 are removed by Figure 8).
Regarding Claim 11. Sim discloses A method (Figures 1-18) comprising:
forming a first layer (#9, Figure 1B, second mask layer) over a substrate in a vertical direction (#1, Figure 1B, substrate that #9 is formed over in a stacking or vertical direction) in a cross-sectional side view defined by the vertical direction and a second horizontal direction (Figure 1B, #9 is over #1 in a cross-sectional sideview in the region A-A’, defined in by the left-right horizontal direction and the up-down vertical direction which are the up-down direction and the in-out of the page directions in Figure 1A));
forming a first segment and a second segment of a second layer (#17, Figures 2A-2B, portions of third mask layer including two #17wl structures in the AA’ region of Figure 2B) over the first layer (Figure 1B, #17 is formed over #9), wherein a trench extends through the second layer in the vertical direction (Figures 2A-2B, there are a plurality of trenches formed in #17 which expose portions of #9, let the trench between #19wI structures in Figure 2A be the trench considered herein) and is disposed between the first segment and the second segment (Figure 2A, trench in #17 between #17wl structures), and wherein the trench exposes a portion of the first layer (Figures 2A, all of the trenches expose #9), and wherein the trench extends in a first horizontal direction in a top view (Figure 2A, the trench between #19w1 structures extends in the left-right direction of the figure), the first horizontal direction being different from the second horizontal direction (Figure 2A, the first horizontal direction is left-right in the top view and the second horizontal direction is up-down in the top view);
forming a spacer in the trench (#23, Figures 3A-3B, spacer layer that at least partially fills the trench);
etching a first opening (Figure 5A, middle empty space in #17 under portion #19c) and a second opening in the second layer (Figure 5A, right empty space in #17 under portion #19c) at least in part by reducing a dimension of at least one of the first segment or the second segment in the second horizontal direction (Figures 5A and 5B, the middle and right opening under portions #19c are at least partially formed by reducing a dimension of the top #17wl in the up-down direction), wherein boundaries of the first opening and the second opening are defined in part by the spacer (Figure 5A, right empty space and middle empty space under portions #19c are bounded at least partially by #23 in Figure 5B), and wherein the first opening and the second opening each extend in [[a]] the second horizontal direction different from the first horizontal direction in the top view (Figures 5A and 5B, the empty spaces in #17 under the regions #19C each extend in the second horizontal direction which is up-down in the top view); and
extending the first opening and the second opening into the first layer in the vertical direction (Figures 6A-6B, the empty spaces are extended into #9 in the vertical or stacking direction).
Regarding Claim 12. Sim discloses The method of claim 11, wherein the extending is performed using an etching process having an etching selectivity between the spacer and the first layer (Figure 6B, [0047], the etch to extend the openings through #9 uses #23s as an etch mask since #23 is made of a different material than #9 and #23s are shown to remain standing after the etch concludes in Figure 6B such that the selective etch necessarily etches #9 at a greater rate than #23).
Regarding Claim 13. Sim discloses The method of claim 11, wherein the second horizontal direction is perpendicular to the first horizontal direction in the top view (Figure 2A, the first horizontal direction being left-right in the top view is perpendicular to the second horizontal direction being up-down in the top view).
Regarding Claim 14. Sim discloses The method of claim 11, wherein the first layer (#9) and the second layer (#17) are formed to have different material compositions ([0038], “third mask layers . . . 17 may include . . . spin-on-hardmask (SOH) or spin-on-carbon (SOC) . . . second . . . mask layers 9 . . . may . . . a silicon oxynitride layer (SiON).”, i.e. #9 and #17 are different materials).
Regarding Claim 15. Sim discloses The method of claim 11, wherein the first opening and the second opening are etched to have smaller widths in the first horizontal direction (Figure 5A, the first horizontal direction being left-right in the top view) than the trench in the second horizontal direction (Figure 2A, the second horizontal direction being up-down in the top view) (Figures 2A and 5A, the dimension of the trench between the 19w1 in the up/down horizontal direction necessarily exceeds a dimension of the opening under 19c in the left/right horizontal direction near the top of the semi-circle since that dimension progresses to zero at the apex of the semicircle).
Regarding Claim 16. Sim discloses A method (Figures 1-18) comprising:
forming a first material layer (#9, Figure 1B, second mask layer) over a substrate in a cross-sectional side view defined by a first horizontal direction and a vertical direction (layers #1-#7, Figure 1B, #9 is over layers #1-#7, which together may be considered a substrate, in a cross-sectional sideview in the region A-A’, defined in by the left-right horizontal direction and the up-down vertical direction which are the up-down direction and the in-out of the page directions in Figure 1A);
forming a second material layer (#17 and #19, Figures 1A-1B, third and fourth mask layers) over the first material layer (Figure 1B, #17 and #19 are formed over #9);
forming a first trench (Figures 2A-2B, there are a plurality of trenches formed in #17 which expose portions of #9, let the trench between #19wI structures in Figure 2A be the trench considered herein) extending through second material layer to the first material layer such that the first trench exposes a portion of the first material layer (Figure 2A, the trench between #19wl structures extends through #17 and #19 to expose a portion of #9);
forming a spacer feature within the first trench (#23, Figures 3A-3B, spacer layer that at least partially fills the trench) on the exposed portion of the first material layer (Figure 4A-4B, portions of #23 are formed on the exposed portions of #9) such that the spacer feature is surrounded by the second material layer in the first horizontal direction in the cross-sectional side view (Figure 4B, portions of #23 are at least partially surrounded by #17 and #19 in the left/right horizontal direction in the cross-sectional side view);
forming, at least in part by partially removing the second material layer, a second trench (Figure 5A, middle empty space in #17 under portion #19c formed by partially removing #17) and a third trench (Figure 5A, right empty space in #17 under portion #19c formed by partially removing #17) through remaining portions of the second material layer (Figures 5A-5B, the openings are formed through remaining portions of #17) such that the second trench exposes a first sidewall of the spacer feature in the first horizontal direction (Figure 5A, the middle empty space in #17 exposes a downward facing sidewall of #23 in the up-down horizontal direction) and the third trench exposes a second sidewall of the spacer feature in the first horizontal direction (Figure 5A, the right empty space in #17 at least partially exposes an upward facing sidewall of #23 in the up-down horizontal direction near the bend in #23), the second sidewall of the spacer feature being opposite the first sidewall of the spacer feature (Figure 5A, upward and downward facing sidewalls of #23 are opposite each other); and
after forming the second trench and the third trench, patterning the first material layer while using the spacer feature as a mask (Figures 6A-6B, the empty spaces are extended into #9 using portions of #23 as a mask according to [0047]).
Regarding Claim 17. Sim discloses The method of claim 16, wherein the patterning of the first material layer while using the spacer feature as the mask includes using the remaining portions of the second material layer as part of the mask to pattern the first material layer (Figures 6A-6B, the empty spaces are extended into #9 using portions of #17 as a mask according to [0047]).
Regarding Claim 18. Sim discloses The method of claim 16, wherein the second trench or the third trench is formed on an exposed portion of the first material layer such that the spacer feature is surrounded by the second material layer (Figures 5A and 5B, formation of the openings in the regions under #19c result in portions of #23 that are at least partially surrounded by #17 in the horizontal directions).
Regarding Claim 19. Sim discloses The method of claim 16, wherein a top surface of the spacer feature (#23) and a top surface of the second material layer (#17 and #19) are at a same level after the forming of the spacer feature within the first trench on an exposed portion of the first material layer (Figure 4B, top surfaces of #23 and the combination of #17/#19 are at a same level after forming #23 portions within the trench on exposed portions of #9) such that the spacer feature is surrounded by the second material layer (Figure 4B, portions of #23 are at least partially surrounded by #17 in the left/right horizontal direction in the cross-sectional side view).
Regarding Claim 20. Sim discloses The method of claim 16, wherein the patterning of the first material layer while using the spacer feature as the mask includes removing a portion of the first material layer to expose the substrate (Figures 6A and 6B, top surface of #7 is exposed when using #23 portions to remove a portion of #9).
Allowable Subject Matter
Claim(s) 8 is/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: None of the cited prior art, either alone or in combination, teaches “performing a chemical mechanical polishing (CMP) process that removes portions of the spacer material outside the trench, until the spacer material in the trench has a co-planar upper surface with the second layer” as recited in claim 8 and in combination with all of the other required elements of the claim.
Regarding Claim 8. Sim discloses The method of claim 1, wherein the spacer is formed by depositing a spacer material in the trench (Figure 3B, [0044], spacer #23 is formed in the trench by depositing silicon oxide).
Sim does not disclose performing a chemical mechanical polishing (CMP) process that removes portions of the spacer material outside the trench, until the spacer material in the trench has a co-planar upper surface with the second layer. Sim does show in Figures 3-4 that the spacer feature (#23) undergoes what appears to be a planarization process, however, this process is described in Sim as being an etch process in [0045]. While CMP is a known method for planarization of upper surfaces, a CMP process would not be considered by the examiner to be an appropriate obvious modification to the method of Sim because the top surfaces of #23 are not all formed to the same vertical level which is the purpose of CMP, see [0045] and Figure 4B of Sim (thicknesses of the remaining portions are formed to be different from one another). Additionally, a CMP process would not partially remove the spacer portions inside the trenches as done by Sim (see Figures 3 to 4). Therefore, claim 8 is interpreted as including allowable subject matter when considered in combination with all of the other required elements of the claim.
Response to Arguments/Amendments
Applicant’s amendments to claim 8 and corresponding remarks, see page 6 of the remarks, filed 07/06/2026, with respect to the 35 U.S.C. 112(b) rejection of claim 8 have been fully considered. The 35 U.S.C. 112(b) rejection of claim 8 has been withdrawn.
Applicant’s amendments to claims 1, 11, and 16 and corresponding arguments, see pages 6-7 of the remarks, filed 07/06/2026, with respect to the 35 U.S.C. 102 rejection of claims 1-4, 6-14, and 16-20 in view of US 2012/0309202 A1; Sasaki et al.; 12/2012; (“Sasaki”) have been fully considered and are persuasive. The 35 U.S.C. 102 rejection of claims 1-4, 6-14, and 16-20 in view of US 2012/0309202 A1; Sasaki et al.; 12/2012; (“Sasaki”) has been withdrawn.
Applicant’s amendments to claims 1, 11, and 16 and corresponding arguments, see pages 6-7 of the remarks, filed 07/06/2026, with respect to the 35 U.S.C. 102 rejection of claims 1, 3, 5, 11, and 15 in view of US 2014/0154885 A1; Sim et al.; 06/2014; (“Sim”) have been fully considered but are not found persuasive. The 35 U.S.C. 102 rejections of several claims in view of Sim have not been withdrawn.
In the cited remarks section, applicant states that the examiner agreed that the amendments overcome all of the 35 U.S.C. 102 rejections. To clarify, as stated in the interview summary mailed on 07/06/2026, the amendments overcome the Sasaki reference. However, the Sim reference was not discussed in the interview. Upon further consideration of the amendments, it is the examiner’s position that Sim does disclose all of the requirements of independent claims 1, 11, and 16. Claim(s) 1-7 and 9-20 stand rejected under 35 U.S.C. 102(a)(2) as being anticipated by US 2014/0154885 A1; Sim et al.; 06/2014; (“Sim”).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 TYLER JAMES WIEGAND whose telephone number is (571)270-0096. The examiner can normally be reached Mon-Fri. 8AM-5PM.
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/TYLER J WIEGAND/Examiner, Art Unit 2812
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