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 .
Double Patenting
A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
Claims 1-6, 8, 12 and 14-16 is/are rejected under 35 U.S.C. 101 as claiming the same invention as that of claims 21-26 of prior U.S. Patent No. 11288752. This is a statutory double patenting rejection.
Regarding claim 1, the claims of US 11288752 disclose a device, comprising:
a first region (claim 21) that includes: a first source/drain (claim 21) and a second source/drain (claim 21); and
a first dielectric structure (see claim 21) disposed between the first source/drain and the second source/drain,
wherein the first dielectric structure has a first vertical dimension and a first horizontal dimension in a cross-sectional side view (the first dielectric fin, as a device element, must have dimensions, see claim 21); and
a second region (see claim 21) that includes: a third source/drain (see claim 21) and a fourth source/drain (see claim 21); and
a second dielectric structure ((see claim 21) disposed between the third source/drain and the fourth source/drain,
wherein the second dielectric structure has a second vertical dimension and a second horizontal dimension in the cross-sectional side view (the second dielectric fin, as a device element, must have dimensions, see claim 21),
wherein the second vertical dimension is different from the first vertical dimension, or the second horizontal dimension is different from the first horizontal dimension (the two dielectric fins have non-level top surfaces and different widths, see claims 21 and 25).
Regarding claim 2, the claims of US 11288752 disclose the device of claim 1, wherein: the first region corresponds to a first type of integrated circuit (IC) application (the first region can be an SRAM region, see claim 21); and the second region corresponds to a second type of IC application (the second region can be an i/o region, see claim 21).
Regarding claim 3, the claims of US 11288752 disclose the device of claim 2, wherein: the first type of IC application comprises a memory-device application (the first region can be an SRAM region, see claim 21); and the second type of IC application comprises a non-memory-device application (the second region can be an i/o region, see claim 21).
Regarding claim 4, the claims of US 11288752 disclose the device of claim 1, wherein the second vertical dimension is less than the first vertical dimension (see claim 21).
Regarding claim 5, the claims of US 11288752 disclose the device of claim 1, wherein the second horizontal dimension is greater than the first horizontal dimension (see claim 25).
Regarding claim 6, the claims of US 11288752 disclose the device of claim 1, wherein the second dielectric structure, but not the first dielectric structure, includes multiple types of dielectric materials (see claim 24).
Regarding claim 8, the claims of US 11288752 disclose the device of claim 1, wherein an uppermost surface of the first dielectric structure has a greater vertical elevation than an uppermost surface of the second dielectric structure (see claim 21).
Regarding claim 12, the claims of US 11288752 disclose a device, comprising:
a first source/drain formed over a first fin structure (see claim 21);
a second source/drain formed over a second fin structure (see claim 21);
a first dielectric structure located between the first source/drain and the second source/drain in a cross-sectional side view (see claim 21),
wherein an uppermost surface of the first dielectric structure has a greater vertical elevation than an outermost lateral protrusion of the first source/drain or an outermost lateral protrusion of the second source/drain (see claim 26);
a third source/drain formed over one or more third fin structures (see claim 21);
a fourth source/drain formed over one or more fourth fin structures (see claim 21); and
a second dielectric structure located between the third source/drain and the fourth source/drain (see claim 21),
wherein an uppermost surface of the second dielectric structure has a lower vertical elevation than an outermost lateral protrusion of the third source/drain or an outermost lateral protrusion of the fourth source/drain (see claim 26).
Regarding claim 14, the claims of US 11288752 disclose the device of claim 12, wherein a distance separating the first source/drain and the second source/drain is less than a distance separating the third source/drain and the fourth source/drain (the regions can have different pattern densities, see claim 21).
Regarding claim 15, the claims of US 11288752 disclose the device of claim 12, wherein: the first dielectric structure has a single material composition; and the second dielectric structure has hybrid material composition (see claim 24).
Regarding claim 16, the claims of US 11288752 disclose the device of claim 12, wherein: the first source/drain, the second source/drain, and the first dielectric structure are components of a memory device (see claim 21); and
the third source/drain, the fourth source/drain, and the second dielectric structure are components of a non-memory device (see claim 21).
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 7, 9, 17 and 18-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 21-26 of U.S. Patent No. 11288752 in view of CHING (US 20150108544).
Regarding claim 7, the claims of US 11288752 disclose the device of claim 1.
The claims of US 11288752 fail to explicitly disclose a device, wherein the second dielectric structure includes: a first dielectric layer that defines an upwardly-facing recess; and
a second dielectric layer that is located within the upwardly-facing recess,
wherein the second dielectric layer and the first dielectric layer have different material compositions.
CHING discloses a device, wherein the second dielectric structure includes: a first dielectric layer that defines an upwardly-facing recess (30 defines an upwards facing recess with 22 that 42 is disposed in, see fig 11); and
a second dielectric layer that is located within the upwardly-facing recess (42 is disposed in the recess defined by 30 and 22, see fig 11),
wherein the second dielectric layer and the first dielectric layer have different material compositions (30 can be oxide, see para 12, and 42 can be SiN, see para 14).
The claims of US 11288752 and CHING are analogous art because they both are directed towards semiconductor devices and one of ordinary skill in the art would have had a reasonable expectation of success to modify the device of the claims of US 11288752 with the dielectric geometry of CHING because they are from the same field of endeavor.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the device of the claims of US 11288752 with the dielectric geometry of CHING in order to prevent the pre-mature lateral expansion of the epitaxy source/drain regions (see CHING para 28).
Regarding claim 9, the claims of US 11288752 disclose the device of claim 1.
The claims of US 11288752 fail to explicitly disclose a device, wherein the first dielectric structure or the second dielectric structure includes a downwardly recessed upper surface.
CHING discloses a device, wherein the first dielectric structure or the second dielectric structure includes a downwardly recessed upper surface (42 is recessed downwards by a dry etch, see fig 11, para 15).
The claims of US 11288752 and CHING are analogous art because they both are directed towards semiconductor devices and one of ordinary skill in the art would have had a reasonable expectation of success to modify the device of the claims of US 11288752 with the dielectric geometry of CHING because they are from the same field of endeavor.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the device of the claims of US 11288752 with the dielectric geometry of CHING in order to prevent the pre-mature lateral expansion of the epitaxy source/drain regions (see CHING para 28).
Regarding claim 17, the claims of US 11288752 disclose the device of claim 12.
The claims of US 11288752 fail to explicitly disclose a device, wherein the uppermost surface of the first dielectric structure and the uppermost surface of the second dielectric structure are recessed.
CHING discloses a device, wherein the uppermost surface of the first dielectric structure and the uppermost surface of the second dielectric structure are recessed (50 is recessed by CMP, see para 20, and 42 is recessed by dry etching, see para 15).
The claims of US 11288752 and CHING are analogous art because they both are directed towards semiconductor devices and one of ordinary skill in the art would have had a reasonable expectation of success to modify the device of the claims of US 11288752 with the dielectric geometry of CHING because they are from the same field of endeavor.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the device of the claims of US 11288752 with the dielectric geometry of CHING in order to prevent the pre-mature lateral expansion of the epitaxy source/drain regions (see CHING para 28).
Regarding claim 18, the claims of US 11288752 disclose a device, comprising:
a memory device (see claim 2!) that includes:
a first source/drain component and a second source/drain component (see claim 21); and
a first dielectric structure (see claim 21) disposed between the first source/drain component and the second source/drain component,
wherein the first dielectric structure has a first vertical elevation in a cross-sectional side view (see claim 21); and
a non-memory device (see claim 21) that includes:
a third source/drain component and a fourth source/drain component (see claim 21),
a second dielectric structure disposed between the third source/drain component and the fourth source/drain component (see claim 21),
wherein the second dielectric structure has a second vertical elevation lower than the first vertical elevation in the cross-sectional side view (see claim 21), and
wherein the second dielectric structure includes a greater number of distinct layers than the first dielectric structure (see claim 24).
The claims of US 11288752 fail to explicitly disclose a device wherein at least one of the third source/drain component or the fourth source/drain component has a greater width than the first source/drain component or the second source/drain component in the cross-sectional side view.
CHING discloses a device wherein at least one of the third source/drain component or the fourth source/drain component has a greater width than the first source/drain component or the second source/drain component in the cross-sectional side view (the maximum width of the right 48 near its middle is larger than the width of the left 48 near its bottom, see fig 11).
The claims of US 11288752 and CHING are analogous art because they both are directed towards semiconductor devices and one of ordinary skill in the art would have had a reasonable expectation of success to modify the device of the claims of US 11288752 with the layer geometry of CHING because they are from the same field of endeavor.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the device of the claims of US 11288752 with the layer geometry of CHING in order to prevent the pre-mature lateral expansion of the epitaxy source/drain regions (see CHING para 28).
Regarding claim 19, the claims of US 11288752 and CHING disclose the device of claim 18.
The claims of US 11288752 further disclose a device, wherein the second dielectric structure is wider than the first dielectric structure in the cross-sectional side view (see claim 25).
Regarding claim 20, the claims of US 11288752 and CHING disclose the device of claim 18.
The claims of US 11288752 further disclose a device, wherein: an uppermost surface of the first dielectric structure is disposed above an outermost lateral protrusion of the first source/drain component and an outermost lateral protrusion of the second source/drain component (see claim 26); and
an uppermost surface of the second dielectric structure is disposed below an outermost lateral protrusion of the third source/drain component and an outermost lateral protrusion of the fourth source/drain component (see claim 26).
Claims 10 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 21-26 of U.S. Patent No. 11288752 in view of CHENG (US 9748245).
Regarding claim 10, the claims of US 11288752 disclose the device of claim 1.
The claims of US 11288752 fail to explicitly disclose a device, wherein the third source/drain or the fourth source/drain, but not the first source/drain or the second source/drain, includes multiple source/drain features that are merged together laterally.
CHENG discloses a device, wherein the third source/drain or the fourth source/drain, but not the first source/drain or the second source/drain, includes multiple source/drain features that are merged together laterally (the left fins 106 b and c have merged source drains 1200, but the right fin 106e does not, see fig 12, para 40).
The claims of US 11288752 and CHENG are analogous art because they both are directed towards semiconductor devices and one of ordinary skill in the art would have had a reasonable expectation of success to modify the device of the claims of US 11288752 with the layer geometry of CHENG because they are from the same field of endeavor.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the device of the claims of US 11288752 with the layer geometry of CHENG in order to avoid shorting (see CHENG para 2).
Claims 11 and 13 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 21-26 of U.S. Patent No. 11288752 in view of YEOH (US 20190164890).
Regarding claim 11, the claims of US 11288752 disclose the device of claim 1, wherein: the first dielectric structure has an uppermost surface that is more vertically elevated than an outermost protrusion of the first source/drain or the second source/drain (see claim 26),
the second dielectric structure has an uppermost surface that is less vertically elevated than an uppermost surface of the third source/drain or the fourth source/drain (see claim 26).
The claims of US 11288752 fail to explicitly disclose a device wherein the first dielectric structure uppermost surface is less elevated than an uppermost surface of the first source/drain or the second source/drain.
YEOH discloses a device wherein the first dielectric structure has an uppermost surface (the uppermost surface of 2350, a dielectric structure between two epi S/Ds, see fig 23B, para 281) that is more vertically elevated than an outermost protrusion of the first source/drain or the second source/drain, but less elevated than an uppermost surface of the first source/drain or the second source/drain (the uppermost surface of 2350 is higher than the outermost protrusions of the epi S/D structures 2112, but lower than their uppermost surfaces, see fig 21A and 23B, para 254).
The claims of US 11288752 and YEOH are analogous art because they both are directed towards semiconductor devices and one of ordinary skill in the art would have had a reasonable expectation of success to modify the device of the claims of US 11288752 with the layer geometry of YEOH because they are from the same field of endeavor.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the device of the claims of US 11288752 with the layer geometry of YEOH in order to increase density (see YEOH para 125).
Regarding claim 13, the claims of US 11288752 disclose the device of claim 12.
The claims of US 11288752 fail to explicitly disclose a device, wherein the uppermost surface of the first dielectric structure has a lower vertical elevation than an uppermost surface of the first source/drain or an uppermost surface of the second source/drain.
YEOH discloses a device, wherein the uppermost surface of the first dielectric structure (the uppermost surface of 2350, a dielectric structure between two epi S/Ds, see fig 23B, para 281) has a lower vertical elevation than an uppermost surface of the first source/drain or an uppermost surface of the second source/drain (the uppermost surface of 2350 is higher than the outermost protrusions of the epi S/D structures 2112, but lower than their uppermost surfaces, see fig 21A and 23B, para 254).
The claims of US 11288752 and YEOH are analogous art because they both are directed towards semiconductor devices and one of ordinary skill in the art would have had a reasonable expectation of success to modify the device of the claims of US 11288752 with the layer geometry of YEOH because they are from the same field of endeavor.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the device of the claims of US 11288752 with the layer geometry of YEOH in order to increase density (see YEOH para 125).
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, 4, 12, 15 and 17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by CHING (US 20150108544).
Regarding claim 1, CHING discloses a device, comprising:
a first region (the left half of the device, see fig 11) that includes: a first source/drain (left s/d 48, see fig 11, para 18) and a second source/drain (the second s/d 48 from the left, see fig 11, para 18); and
a first dielectric structure disposed between the first source/drain and the second source/drain (the dielectric layers 22, 42 and 30 between the left two fins, see fig 11, para 21, 8 and 14),
wherein the first dielectric structure has a first vertical dimension (the dimension from the bottom of 22 to the top of 42, see fig 11) and a first horizontal dimension in a cross-sectional side view (the dimension from the left side of 22 to the right side of 22, see fig 11); and
a second region (the right half of the device, see fig 11) that includes: a third source/drain (third from the left s/d 48, see fig 11, para 18) and a fourth source/drain (right s/d 48, see fig 11, para 18); and
a second dielectric structure (the dielectric layer 42 between the right two fins, see fig 11, para 14) disposed between the third source/drain and the fourth source/drain,
wherein the second dielectric structure has a second vertical dimension (the dimension from the bottom of 42 to the top of 42, see fig 11) and a second horizontal dimension (the dimension from the left side of 42 to the right side of 42, see fig 11) in the cross-sectional side view,
wherein the second vertical dimension is different from the first vertical dimension (the dimension from the bottom of 22 to the top of 42 is larger than the dimension from the bottom side of 42 to the top side of 42, see fig 11), or the second horizontal dimension is different from the first horizontal dimension.
Regarding claim 4, CHING discloses the device of claim 1, wherein the second vertical dimension is less than the first vertical dimension (the dimension from the bottom of 22 to the top of 42 is larger than the dimension from the left side of 42 to the right side of 42, see fig 11).
Regarding claim 12, CHING discloses a device, comprising:
a first source/drain (left s/d 48, see fig 11, para 18) formed over a first fin structure (the left fin 24, see fig 11, para 10);
a second source/drain (the second s/d 48 from the left, see fig 11, para 18) formed over a second fin structure (the second fin 24 from the left, see fig 11, para 10);
a first dielectric structure located between the first source/drain and the second source/drain in a cross-sectional side view (dielectric 50 is between the left two 48, see fig 11, para 20),
wherein an uppermost surface of the first dielectric structure has a greater vertical elevation than an outermost lateral protrusion of the first source/drain or an outermost lateral protrusion of the second source/drain (the top surface of 50 is above the outermost protrusions of 48, see fig 11, para 20);
a third source/drain (third from the left s/d 48, see fig 11, para 18) formed over one or more third fin structures (the third from the left fin 24, see fig 11, para 10);
a fourth source/drain (right s/d 48, see fig 11, para 18) formed over one or more fourth fin structures (the right fin 24, see fig 11, para 10); and
a second dielectric structure (the dielectric structure 22, 42 and 30 between the third and fourth fins, see fig 11, para 8 and 16) located between the third source/drain and the fourth source/drain,
wherein an uppermost surface of the second dielectric structure has a lower vertical elevation than an outermost lateral protrusion of the third source/drain or an outermost lateral protrusion of the fourth source/drain (the uppermost surface of 42 and 30 is lower than the outermost protrusions of 48, see fig 11).
Regarding claim 15, CHING discloses the device of claim 12, wherein: the first dielectric structure has a single material composition (50 has a single layer composition, see fig 11, para 20); and the second dielectric structure has hybrid material composition (42 can be SiN, see para 13-14,and 30 can be SiO, see para 12).
Regarding claim 17, CHING discloses the device of claim 12, wherein the uppermost surface of the first dielectric structure and the uppermost surface of the second dielectric structure are recessed (50 is recessed by CMP, see para 20, and 42 is recessed by dry etching, see para 15).
Claim(s) 1 and 5-7 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by CHING (US 20150108544).
Regarding claim 1, CHING discloses a device, comprising:
a first region (the left half of the device, see fig 11) that includes: a first source/drain (left s/d 48, see fig 11, para 18) and a second source/drain (the second s/d 48 from the left, see fig 11, para 18); and
a first dielectric structure disposed between the first source/drain and the second source/drain (the dielectric layer 42 between the left two fins, see fig 11, para 21, 8 and 14),
wherein the first dielectric structure has a first vertical dimension (the dimension from the bottom of 42 to the top of 42, see fig 11) and a first horizontal dimension in a cross-sectional side view (the dimension from the left side of 42 to the right side of 42, see fig 11); and
a second region (the right half of the device, see fig 11) that includes: a third source/drain (third from the left s/d 48, see fig 11, para 18) and a fourth source/drain (right s/d 48, see fig 11, para 18); and
a second dielectric structure (the dielectric layers 42 and 30 between the right two fins, see fig 11, para 12 and 14) disposed between the third source/drain and the fourth source/drain,
wherein the second dielectric structure has a second vertical dimension (the dimension from the bottom of 42 to the top of 42, see fig 11) and a second horizontal dimension (the dimension from the left side of 30 to the right side of 30, see fig 11) in the cross-sectional side view,
wherein the second vertical dimension is different from the first vertical dimension, or the second horizontal dimension is different from the first horizontal dimension (the dimension from the left side of 42 to the right side of 42 is smaller than the one from the left side of 30 and 42 to the right side of 30 and 42, see fig 11).
Regarding claim 5, CHING discloses the device of claim 1, wherein the second horizontal dimension is greater than the first horizontal dimension (the dimension from the left side of 42 to the right side of 42 is smaller than the one from the left side of 30 and 42 to the right side of 30 and 42, see fig 11).
Regarding claim 6, CHING discloses the device of claim 1, wherein the second dielectric structure, but not the first dielectric structure, includes multiple types of dielectric materials (30 can be oxide, see para 12, and 42 can be SiN, see para 14, so the 1st dielectric 42 is a single type of material and the 2nd dielectric structure 42 and 30 is two different types).
Regarding claim 7, CHING discloses the device of claim 1, wherein the second dielectric structure includes: a first dielectric layer that defines an upwardly-facing recess (30 defines an upwards facing recess with 22 that 42 is disposed in, see fig 11); and
a second dielectric layer that is located within the upwardly-facing recess (42 is disposed in the recess defined by 30 and 22, see fig 11),
wherein the second dielectric layer and the first dielectric layer have different material compositions (30 can be oxide, see para 12, and 42 can be SiN, see para 14).
Claim(s) 1 and 8-9 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by CHING (US 20150108544).
Regarding claim 1, CHING discloses a device, comprising:
a first region (the left half of the device, see fig 11) that includes: a first source/drain (left s/d 48, see fig 11, para 18) and a second source/drain (the second s/d 48 from the left, see fig 11, para 18); and
a first dielectric structure disposed between the first source/drain and the second source/drain (the dielectric layers 22 and 42 between the left two fins, see fig 11, para 21, 8 and 14),
wherein the first dielectric structure has a first vertical dimension (the dimension from the bottom of 22 to the top of 42, see fig 11) and a first horizontal dimension in a cross-sectional side view (the dimension from the left side of 22 to the right side of 22, see fig 11); and
a second region (the right half of the device, see fig 11) that includes: a third source/drain (third from the left s/d 48, see fig 11, para 18) and a fourth source/drain (right s/d 48, see fig 11, para 18); and
a second dielectric structure (the dielectric layer 22 between the right two fins, see fig 11, para 8) disposed between the third source/drain and the fourth source/drain,
wherein the second dielectric structure has a second vertical dimension (the dimension from the bottom of 22 to the top of 22, see fig 11) and a second horizontal dimension (the dimension from the left side of 22 to the right side of 22, see fig 11) in the cross-sectional side view,
wherein the second vertical dimension is different from the first vertical dimension (the dimension from the bottom of 22 to the top of 42 is larger than the dimension from the bottom of 22 to the top of 22, see fig 11), or the second horizontal dimension is different from the first horizontal dimension.
Regarding claim 8, CHING discloses the device of claim 1, wherein an uppermost surface of the first dielectric structure has a greater vertical elevation than an uppermost surface of the second dielectric structure (the uppermost surface of 42 is higher than the uppermost surface of 22, see fig 11).
Regarding claim 9, CHING discloses the device of claim 1, wherein the first dielectric structure or the second dielectric structure includes a downwardly recessed upper surface (42 is recessed downwards by a dry etch, see fig 11, para 15).
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.
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over CHING (US 20150108544) in view of CHENG (US 9748245).
Regarding claim 10, CHING discloses the device of claim 1.
CHING fails to explicitly disclose a device, wherein the third source/drain or the fourth source/drain, but not the first source/drain or the second source/drain, includes multiple source/drain features that are merged together laterally.
CHENG teaches a device, wherein the third source/drain or the fourth source/drain, but not the first source/drain or the second source/drain, includes multiple source/drain features that are merged together laterally (the left fins 106 b and c have merged source drains 1200, but the right fin 106e does not, see fig 12, para 40).
CHING and CHENG are analogous art because they both are directed towards semiconductor devices and one of ordinary skill in the art would have had a reasonable expectation of success to modify the device of CHING with the layer geometry of CHENG because they are from the same field of endeavor.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the device of CHING with the layer geometry of CHENG in order to avoid shorting (see CHENG para 2).
Claim(s) 11 and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over CHING (US 20150108544) in view of YEOH (US 20190164890).
Regarding claim 11, CHING discloses the device of claim 1, wherein:
the second dielectric structure has an uppermost surface that is less vertically elevated than an uppermost surface of the third source/drain or the fourth source/drain (the topmost surface of 22 is lower than the topmost surface of 48, see fig 11).
CHING fails to explicitly disclose a device wherein the first dielectric structure has an uppermost surface that is more vertically elevated than an outermost protrusion of the first source/drain or the second source/drain, but less elevated than an uppermost surface of the first source/drain or the second source/drain.
YEOH teaches a device wherein the first dielectric structure has an uppermost surface (the uppermost surface of 2350, a dielectric structure between two epi S/Ds, see fig 23B, para 281) that is more vertically elevated than an outermost protrusion of the first source/drain or the second source/drain, but less elevated than an uppermost surface of the first source/drain or the second source/drain (the uppermost surface of 2350 is higher than the outermost protrusions of the epi S/D structures 2112, but lower than their uppermost surfaces, see fig 21A and 23B, para 254).
CHING and YEOH are analogous art because they both are directed towards semiconductor devices and one of ordinary skill in the art would have had a reasonable expectation of success to modify the device of CHING with the layer geometry of YEOH because they are from the same field of endeavor.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the device of CHING with the layer geometry of YEOH in order to increase density (see YEOH para 125).
Regarding claim 13, CHING discloses the device of claim 12.
CHING fails to explicitly disclose a device, wherein the uppermost surface of the first dielectric structure has a lower vertical elevation than an uppermost surface of the first source/drain or an uppermost surface of the second source/drain.
YEOH teaches a device, wherein the uppermost surface of the first dielectric structure (the uppermost surface of 2350, a dielectric structure between two epi S/Ds, see fig 23B, para 281) has a lower vertical elevation than an uppermost surface of the first source/drain or an uppermost surface of the second source/drain (the uppermost surface of 2350 is higher than the outermost protrusions of the epi S/D structures 2112, but lower than their uppermost surfaces, see fig 21A and 23B, para 254).
CHING and YEOH are analogous art because they both are directed towards semiconductor devices and one of ordinary skill in the art would have had a reasonable expectation of success to modify the device of CHING with the layer geometry of YEOH because they are from the same field of endeavor.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the device of CHING with the layer geometry of YEOH in order to increase density (see YEOH para 125).
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over CHING (US 20150108544) in view of CAI (US 9455331).
Regarding claim 14, CHING discloses the device of claim 12.
CHING fails to explicitly disclose a device, wherein a distance separating the first source/drain and the second source/drain is less than a distance separating the third source/drain and the fourth source/drain.
CAI teaches a device, wherein a distance separating the first source/drain and the second source/drain is less than a distance separating the third source/drain and the fourth source/drain (the fins 5a and 5b can have different spacings, see fig 5, para 59).
CHING and CAI are analogous art because they both are directed towards semiconductor devices and one of ordinary skill in the art would have had a reasonable expectation of success to modify the device of CHING with the layer geometry of CAI because they are from the same field of endeavor.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the device of CHING with the layer geometry of CAI in order to avoid merged epitaxial materials (see CAI para 30).
Conclusion
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/JONAS T BEARDSLEY/Examiner, Art Unit 2811
/SAMUEL A GEBREMARIAM/Primary Examiner, Art Unit 2811
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