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 .
This OA is in response to the amendment filled on 9/10/2024 that has been entered, wherein claims 1-20 are pending.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 10/29/2024 and 12/16/2025 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Objections
Claims 18-20 objected to because of the following informalities:
Claim 18 recites the abbreviated term “VMOM capacitor” without proper introduction of the abbreviation. Although the term is defined in the specification the claim should be amended to recite “Vertical Metal-Oxide-Metal (VMOM) capacitor” for clarity.
Claims 19-20 depend on claim 18 and inherit it’s deficiencies.
Appropriate correction is required.
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.
Claims 1-20 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.
Claim 1 recites the limitation "the second terminal" in line 8. There is insufficient antecedent basis for this limitation in the claim. For the purpose of examination “the second terminal” will be interpreted as “a second terminal”.
Claims 2-11 depend on claim 1 and inherit it’s deficiencies.
Claim 6 recites the limitation "fin structures" in line 2. There is insufficient antecedent basis for this limitation in the claim. Are the fin structures the same or different than the fin elements of claim 1? For the purpose of examination “fin structures” in lines 2 and 3 will be interpreted as “fin elements”
Claim 7 recites the limitation "the gate stack" in line 1. There is insufficient antecedent basis for this limitation in the claim. Is the gate stack the same or different than the gate structure of claim 1? For the purpose of examination “the gate stack” in will be interpreted as “the gate structure”
Claim 8 recites the limitation “the epitaxial stack source/drain regions” in line 2. there is insufficient antecedent basis for this limitation in the claim. For the purpose of examination “the epitaxial stack source/drain regions” will be interpreted as “the epitaxial stack”.
Claim 9 depends on claim 8 and inherits its deficiencies.
Claim 10 recites the limitation “multiple gate structures” in line 3. There is insufficient antecedent basis for this limitation in the claim. Claim 1, from which this claim depends only defines a gate structure. In the gate structure included in the multiple gate structures or are the multiple gate structures different than the gate structure of claim 1? For the purpose of examination “forming the OD adjacent the gate structure includes forming a contact etch stop layer over a substrate and forming the OD over the contact etch stop layer and between multiple gate structures” will be interpreted as “forming the OD adjacent the gate structure includes forming multiple gate structures and a contact etch stop layer over a substrate and forming the OD over the contact etch stop layer and between multiple gate structures”.
Claim 12 recites the limitation "the second terminal" in line 15. There is insufficient antecedent basis for this limitation in the claim. For the purpose of examination “the second terminal” will be interpreted as “a second terminal”.
Claims 13-17 depend on claim 12 and inherit it’s deficiencies.
Claim 16 recites the limitation "fin structures" in line 2. There is insufficient antecedent basis for this limitation in the claim. Are the fin structures the same or different than the fin elements of claim 1? For the purpose of examination “fin structures” in lines 2 and 3 will be interpreted as “fin elements”
Claim 18 recites the limitation "the second terminal" in line 14. There is insufficient antecedent basis for this limitation in the claim. For the purpose of examination “the second terminal” will be interpreted as “a second terminal”.
Claims 19-20 depend on claim 18 and inherit it’s deficiencies.
Claim 20 recites the limitation "fin structures" in line 2. There is insufficient antecedent basis for this limitation in the claim. Are the fin structures the same or different than the fin elements of claim 1? For the purpose of examination “fin structures” in lines 2 and 3 will be interpreted as “fin elements”.
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.
(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 1-2 and 6-10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Cheng et al. (US 2018/0254218 A1).
Regarding claim 1, Cheng teaches a method(Figs. 2-15), comprising:
patterning fin elements(113, 114, ¶0037) from an epitaxial stack(106, 104, ¶0044);
forming a gate structure(144A, 144B, ¶0041) over the fin elements(113, 114, ¶0037);
forming an oxide diffusion (OD)(142A,142B, ¶0062) adjacent the gate structure(144A, 144B, ¶0041);
forming a metal diffusion (MD)(134B, ¶0058-59) within the OD(142A,142B, ¶0062);
connecting the gate structure(144A, 144B, ¶0041) as a first terminal(144B, ¶0037) of a Vertical Metal-Oxide-Metal (VMOM) capacitor(150, ¶0037); and
connecting the MD(134B, ¶0058-59) as a second terminal(134B, ¶0037) of the VMOM capacitor(150, ¶0037), wherein the OD(142A,142B, ¶0062) is a dielectric(142B, ¶0037) between the gate structure(144A, 144B, ¶0041) and the MD(134B, ¶0058-59).
Regarding claim 2, Cheng teaches the method of claim 1, further comprising:
forgoing formation of source/drain features(108-1, ¶0068) using epitaxial growth to allow formation of the VMOM capacitor(150, ¶0037).
Regarding claim 6, Cheng teaches the method of claim 1, comprising forming shallow trench isolation (STI) regions(120, ¶0051) between fin elements(113, 114, ¶0037) by depositing a dielectric(120, ¶0051) over a substrate(102) and filling trenches between the fin elements(113, 114, ¶0037).
Regarding claim 7, Cheng teaches the method of claim 1, wherein forming the gate structure(144A, 144B, ¶0041) includes forming the gate stack(144A, 144B, ¶0041) over a substrate(102) and at least partially over the fin elements(113, 114, ¶0037) by forming an electrode layer(144, ¶0063) and forming a hard mask(146, ¶0064) on the electrode layer(144, ¶0063).
Regarding claim 8, Cheng teaches the method of claim 1, comprising removing select epitaxial layer material from the epitaxial stack(106, 104, ¶0044) of the fin elements(113, 114, ¶0037) to form gaps(trench of 120, ¶0051) in the epitaxial stack(106, 104, ¶0044).
Regarding claim 9, Cheng teaches the method of claim 8, comprising disposing a spacer layer(120, ¶0051) that fills the gaps(trench of 120, ¶0051) in the epitaxial stack(106, 104, ¶0044), where the spacer layer is a dielectric layer(¶0051).
Regarding claim 10, Cheng teaches the method of claim 1, wherein forming the OD(142A,142B, ¶0062) adjacent the gate structure(144A, 144B, ¶0041) includes forming multiple gate structures(144A, 144B, ¶0041) and forming a contact etch stop layer(125, ¶0053) over a substrate(102) and forming the OD(142A,142B, ¶0062) over the contact etch stop layer(125, ¶0053) and between multiple gate structures(144A, 144B, ¶0041).
Allowable Subject Matter
Claims 3-5 and 11 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include 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:
Regarding dependent claim 3, the prior art of record neither anticipates nor renders obvious the claimed subject matter of the instant application as a whole either taken alone or in combination, in particular, prior art of record does not teach “forming the epitaxial stack by forming first epitaxial layers of a first composition interposed by second epitaxial layers of a second composition that is different than the first composition.”
Regarding dependent claim 4, the prior art of record neither anticipates nor renders obvious the claimed subject matter of the instant application as a whole either taken alone or in combination, in particular, prior art of record does not teach “each of the fin elements includes a substrate portion and an epitaxial stack portion.”
Regarding dependent claim 5, the prior art of record neither anticipates nor renders obvious the claimed subject matter of the instant application as a whole either taken alone or in combination, in particular, prior art of record does not teach “performing an oxidation process that fully oxidizes an epitaxial layer in the epitaxial stack to form an isolation layer.”
Regarding dependent claim 11, the prior art of record neither anticipates nor renders obvious the claimed subject matter of the instant application as a whole either taken alone or in combination, in particular, prior art of record does not teach “removing at least a portion of the OD to form a channel and wherein forming the MD within the OD includes forming the MD in the channel”.
Claims 12-20 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 12, Cheng teaches a method(Figs. 2-15), comprising:
forming an epitaxial stack(106, 104, ¶0044) on a substrate(102);
patterning fin elements(113, 114, ¶0037) from the epitaxial stack(106, 104, ¶0044),
forming gate structures(144A, 144B, ¶0041) over the fin elements(113, 114, ¶0037);
removing select epitaxial material from the fin elements(113, 114, ¶0037) to form gaps(trench of 120, ¶0051) in the epitaxial material of the fin elements(113, 114, ¶0037);
disposing a spacer layer(120, ¶0051) that fills the gaps(trench of 120, ¶0051) in the epitaxial material of the fin elements(113, 114, ¶0037), where the spacer layer is a dielectric layer(¶0051);
forgoing formation of source/drain features using epitaxial growth to allow formation of Vertical Metal-Oxide-Metal (VMOM) capacitors(150, ¶0037);
forming an oxide diffusion (OD)(142A,142B, ¶0062) between the gate structures(144A, 144B, ¶0041);
forming a metal diffusion (MD)(134B, ¶0058-59) within the OD(142A,142B, ¶0062); connecting each of the gate structures(144A, 144B, ¶0041) as a first terminal(144B, ¶0037) of a VMOM capacitor(150, ¶0037); and
connecting the MD(134B, ¶0058-59) as a second terminal(134B, ¶0037) of the VMOM capacitors(150, ¶0037).
Cheng does not teach wherein each of the fin elements(113, 114, ¶0037) includes a portion of the substrate(102) and epitaxial material from the epitaxial stack(106, 104, ¶0044).
Regarding independent claim 12, the prior art of record neither anticipates nor renders obvious the claimed subject matter of the instant application as a whole either taken alone or in combination, in particular, prior art of record does not teach “patterning fin elements from the epitaxial stack, wherein each of the fin elements includes a portion of the substrate and epitaxial material from the epitaxial stack… formation of Vertical Metal-Oxide-Metal (VMOM) capacitors; forming an oxide diffusion (OD) between the gate structures; forming a metal diffusion (MD) within the OD; connecting each of the gate structures as a first terminal of a VMOM capacitor; and connecting the MD as the second terminal of the VMOM capacitors”.
Claims 13-17 depend on claim 12 and inherit it’s allowable subject matter.
Regarding claim 18, Cheng teaches a method(Figs. 2-15), comprising:
forming an epitaxial stack(106, 104, ¶0044) on a substrate(102);
patterning fin elements(113, 114, ¶0037) from the epitaxial stack(106, 104, ¶0044),
forming gate structures(144A, 144B, ¶0041) over the fin elements(113, 114, ¶0037);
removing select material from the first epitaxial layers to form gaps(trench of 120, ¶0051) in the fin elements(113, 114, ¶0037);
disposing a spacer layer(120, ¶0051) that fills the gaps(trench of 120, ¶0051) in the fin elements(113, 114, ¶0037), wherein the spacer layer(120, ¶0051) is a dielectric layer(¶0051);
forming an oxide diffusion (OD)(142A,142B, ¶0062) between the gate structures(144A, 144B, ¶0041);
forming a metal diffusion (MD)(134B, ¶0058-59) within the OD(142A,142B, ¶0062);
connecting each of the gate structure(144A, 144B, ¶0041)s as a first terminal(144B, ¶0037) of a VMOM capacitor(150, ¶0037); and connecting the MD(134B, ¶0058-59) as a second terminal(134B, ¶0037) of the VMOM capacitors(150, ¶0037).
Cheng does not teach forming the epitaxial stack(106, 104, ¶0044) includes forming first epitaxial layers of a first composition interposed by second epitaxial layers of a second composition that is different than the first composition;
wherein each of the fin elements(113, 114, ¶0037) includes the substrate(102), the first epitaxial layers, and the second epitaxial layers.
Regarding independent claim 18, the prior art of record neither anticipates nor renders obvious the claimed subject matter of the instant application as a whole either taken alone or in combination, in particular, prior art of record does not teach “forming the epitaxial stack includes forming first epitaxial layers of a first composition interposed by second epitaxial layers of a second composition that is different than the first composition; patterning fin elements from the epitaxial stack, wherein each of the fin elements includes the substrate, the first epitaxial layers, and the second epitaxial layers… forming a metal diffusion (MD) within the OD; connecting each of the gate structures as a first terminal of a Vertical Metal-Oxide-Metal (VMOM) capacitor; and connecting the MD as the second terminal of the VMOM capacitors”.
Claims 19-20 depend on claim 18 and inherit it’s allowable subject matter.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Divakaruni et al. (US 2010/0163949 A1) Discloses a method.
Xia et al. (US 2015/0108558 A1) Discloses a method.
Cheng et al. (US 2018/0047806 A1) Discloses a method.
Cheng et al. (US 2018/0083046 A1) Discloses a method.
Cheng (US 2022/0013523 A1) Discloses a method.
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/LAURA M DYKES/Examiner, Art Unit 2892
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