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 .
Specification
The disclosure is objected to because of the following informalities: In paragraph 0053, line 9 of the specification, “SiN harkmask” should be corrected to “SiN hardmask”.
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.
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Claims 1-8, 11-14 and 16-18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zhu et al. (US 20230354575 A1), hereinafter referred to as "Zhu".
Regarding claim 1, Zhu discloses a conductive structure, comprising: a first support layer (31 in Zhu figure 17); a second support layer disposed over and spaced apart from the first support layer (35 in figure 17); a first electrode layer (51 in figure 17) including a first part (part of 51 on the right directly contacting 31, 33 and 35), wherein the first part includes a first portion contacting the first support layer (lower portion of the first part contacting 31) and a second portion contacting the second support layer (upper portion of first part contacting 35), wherein a thickness of the first portion is substantially equal to a thickness of the second portion (electrode 51 is deposited as one uniform conformal layer, for example by ALD, and thus has a constant thickness along the wall; Zhu paragraph 0081); an intermediate dielectric layer disposed on the first electrode layer (52 in figure 17); and a second electrode layer disposed on the intermediate dielectric layer (531 in figure 17).
Regarding claim 2, Zhu discloses all of the limitations of claim 1, and further discloses that in a cross-sectional view, the first part of the first electrode layer has a substantially consistent thickness (figure 17, electrode 51 is deposited as one uniform conformal layer, for example by ALD, and thus has a constant thickness along the wall; Zhu paragraph 0081).
Regarding claim 3, Zhu discloses all of the limitations of claim 1, and further discloses that in a cross-sectional view, the second portion of the first part of the first electrode layer has a first lateral surface contacting the second support layer (right sidewall of the upper portion of first part of 51 in figure 17) and a second lateral surface opposite to the first lateral surface (left sidewall opposite the aforementioned right sidewall), wherein the second lateral surface of the second portion of the first part is an unetched surface (figures 6-17. There is no step that etches this sidewall of 51).
Regarding claim 4, Zhu discloses all of the limitations of claim 3, and further discloses in the cross-sectional view, the second lateral surface of the second portion of the first part faces an opening defined by the second support layer (left sidewall of upper portion of 51 faces the area between two second supporting layer portions 35; this area is an opening defined by the second supporting layer. Figure 17).
Regarding claim 5, Zhu discloses all of the limitations of claim 3, and further discloses that the first portion of the first part of the first electrode layer has a first lateral surface contacting the first support layer (right sidewall of bottom portion of first part of 51 that contacts 31) and a second lateral surface opposite to the first lateral surface (left sidewall opposite the aforementioned right sidewall), wherein the second lateral surface of the first portion of the first part of the first electrode layer is substantially aligned with the second lateral surface of the second portion of the first part of the first electrode layer (the two left sidewall parts of 51 are colinear with each other, and are thus aligned).
Regarding claim 6, Zhu discloses all of the limitations of claim 5, and further discloses that a surface condition of the second lateral surface of the first portion of the first part of the first electrode layer is substantially same as a surface condition of the second lateral surface of the second portion of the first part of the first electrode layer (These are part of the same layer, deposited at the same time by the same process, and thus would have the same surface condition. Zhu paragraph 0081).
Regarding claim 7, Zhu discloses all of the limitations of claim 6, and further discloses that a surface roughness of the second lateral surface of the first portion of the first part of the first electrode layer is substantially equal to a surface roughness the second lateral surface of the second portion of the first part of the first electrode layer (These are part of the same layer, deposited at the same time by the same process, and thus would have the same surface roughness. Zhu paragraph 0081).
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Regarding claim 8, Zhu discloses all of the limitations of claim 3, and further discloses that the first electrode layer further includes a second part substantially parallel with and spaced apart from the first part (part of the layer 51 to the left of the first part that does not contact a support layer 35), wherein a top surface of the second part is an etched surface (Figures 8-9, Zhu paragraph 0089; the top of that section of the electrode layer is etched, which makes the top surface as an etched surface).
Regarding claim 11, Zhu discloses all of the limitations of claim 8, and further discloses that a thickness of the second part of the first electrode layer is substantially equal to a thickness of the second portion of the first part of the first electrode layer (electrode 51 is deposited as one uniform conformal layer, for example by ALD, and thus has a constant thickness; Zhu paragraph 0081).
Regarding claim 12, Zhu discloses all of the limitations of claim 8, and further discloses that the top surface of the second part is lower than a bottom surface of the second support layer (the second part is etched down until the layer 34 is exposed, which would put the top surface of the electrode just underneath the bottom of the second support layer. See figure 9 and Zhu paragraph 0089).
Regarding claim 13, Zhu discloses all of the limitations of claim 8, and further discloses that the second part is free from contacting the second support layer (figure 17. The second part does not contact the second supporting layer).
Regarding claim 14, Zhu discloses all of the limitations of claim 13, and further discloses that the second part is disposed under an opening defined by the second support layer (figure 17. Two parts of the second supporting layer define an opening which the second part is underneath).
Regarding claim 16, Zhu discloses all of the limitations of claim 1, and further discloses a third support layer disposed between the first support layer and the second support layer (33 in figure 17), wherein the first part of the first electrode layer further includes a third portion contacting the third support layer (middle portion of the first part of 51 that contacts 33), wherein a thickness of the third portion is substantially equal to a thickness of the second portion (figure 17, electrode 51 is deposited as one uniform conformal layer, for example by ALD, and thus has a constant thickness along the wall; Zhu paragraph 0081).
Regarding claim 17, Zhu discloses all of the limitations of claim 16, and further discloses that in a cross-sectional view, the second portion of the first part of the first electrode layer has a first lateral surface contacting the second support layer (right sidewall of top portion of first part of 51 that contacts 35) and a second lateral surface opposite to the first lateral surface of the second portion (left sidewall opposite the aforementioned right sidewall), the third portion of the first part of the first electrode layer has a first lateral surface contacting the third support layer (right sidewall of middle portion of first part of 51 that contacts 33) and a second lateral surface opposite to the first lateral surface of the third portion (left sidewall opposite the aforementioned right sidewall), wherein the second lateral surface of the second portion of the first part is substantially aligned with the second lateral surface of the third portion of the first part (The left sidewall parts of 51 are colinear, and thus aligned).
Regarding claim 18, Zhu discloses all of the limitations of claim 16, and further discloses that a portion of the third support layer is disposed under an opening of the second support layer (figure 17. Two parts of the second supporting layer define an opening which the third support layer 33 is underneath).
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.
Claims 9-10 are rejected under 35 U.S.C. 103 as being unpatentable over Zhu.
Regarding claim 9, Zhu discloses all of the limitations of claim 8. Zhu does not explicitly disclose that a surface condition of the top surface of the second part of the first electrode layer is different from a surface condition of the second lateral surface of the second portion of the first part of the first electrode layer. However, since the top surface of the second part is etched, and the side surface of the first part is unetched, one of ordinary skill would expect that they will have different surface conditions due to the etching process.
Regarding claim 10, Zhu discloses all of the limitations of claim 8. Zhu does not explicitly disclose that a surface roughness of the top surface of the second part of the first electrode layer is different from a surface roughness of the second lateral surface of the second portion of the first part of the first electrode layer. However, since the top surface of the second part is etched, and the side surface of the first part is unetched, one of ordinary skill would expect that they will have different surface roughnesses due to the etching process.
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Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Zhu in view of Yang et al. (US 20230180457 A1), hereinafter referred to as "Yang".
Regarding claim 15, Zhu discloses all of the limitations of claim 8. Zhu also discloses that the first part and second part of the first electrode layer are formed on the sidewalls of a capacitor hole. Thus, they would collectively take on the top view shape of this hole, when viewed from above.
Zhu does not explicitly disclose that the shape of this hole is a circle.
Yang discloses a capacitor hole that is in the shape of a circle (109 in Yang figure 1C). A circular hole is a common shape for a capacitor hole, as seen by Yang, and as such, one of ordinary skill would naturally see that shape as a known technique to form the hole of undisclosed shape in Zhu. Furthermore, if the capacitor hole in Zhu is a circle, then the first and second part of the first electrode layer, which are disposed on its sidewalls would form a circle as well.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to form the capacitor hole in Zhu to be a circle, and thus have the first electrode layer formed on its sidewalls also define a circle from a top view.
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 1-3 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 2 of copending Application No. 18/883908 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the reference application contain all of the limitations of the claims of the instant application, and thus anticipate them. See chart below:
Claim#
18/804,397 (instant application)
Claim#
18/883908 (reference application)
1
A conductive structure, comprising:
a first support layer; [1]
a second support layer disposed over and spaced apart from the first support layer; [2]
a first electrode layer including a first part, wherein the first part includes a first portion contacting the first support layer [3]
and a second portion contacting the second support layer, [4]
wherein a thickness of the first portion is substantially equal to a thickness of the second portion; [5]
an intermediate dielectric layer disposed on the first electrode layer; [6]
and a second electrode layer disposed on the intermediate dielectric layer. [7]
1
A conductive structure, comprising:
a first support layer;
a second support layer disposed over and spaced apart from the first support layer;
a first electrode layer including a first part and a second part substantially parallel with the first part, [16]
wherein the first part and the second part contact the first support layer, [3]
wherein the first part includes an upper portion higher than the second part, and the upper portion of the first part of the first electrode layer has a first lateral surface contacting the second support layer [4], [9]
and a second lateral surface opposite to the first lateral surface, [10]
wherein the second lateral surface of the upper portion of the first part is an unetched surface, [11]
and a top surface of the second part is an etched surface; [17]
an intermediate dielectric layer disposed on the first electrode layer; [6]
and a second electrode layer disposed on the intermediate dielectric layer. [7]
2
The conductive structure of claim 1, wherein in a cross-sectional view, the first part of the first electrode layer has a substantially consistent thickness. [8]
2
The conductive structure of claim 1,
wherein in a cross-sectional view, the first part of the first electrode layer has a substantially consistent thickness, [5], [8]
the second part of the first electrode layer has a substantially consistent thickness, and the thickness of the first part of the first electrode layer is substantially equal to the thickness of the second part of the first electrode layer.
3
The conductive structure of claim 1, wherein in a cross-sectional view, the second portion of the first part of the first electrode layer has a first lateral surface contacting the second support layer [9]
and a second lateral surface opposite to the first lateral surface, [10]
wherein the second lateral surface of the second portion of the first part is an unetched surface. [11]
Regarding the limitation [5], it should be noted that if the entire layer has uniform thickness, then any two portions will have the same thickness as each other.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Claims 4, 5, 8, 9, 10, 13, and 15 provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 3, 4, 1, 5, 6, 7, and 9, respectively of copending Application No. 18/883908 in view of Zhu. See chart below:
Claim#
18/804,397 (instant application)
Claim#
18/883908 (reference application)
4
The conductive structure of claim 3, [1-7] & [9-11]
wherein in the cross-sectional view, the second lateral surface of the second portion of the first part faces an opening defined by the second support layer. [12]
3
The conductive structure of claim 1, [1-4], [6-7], & [9-11]
wherein in a cross-sectional view, the second lateral surface of the upper portion of the first part faces an opening defined by the second support layer. [12]
5
The conductive structure of claim 3, [1-7] & [9-11]
wherein the first portion of the first part of the first electrode layer has a first lateral surface contacting the first support layer [13]
and a second lateral surface opposite to the first lateral surface, [14]
wherein the second lateral surface of the first portion of the first part of the first electrode layer is substantially aligned with the second lateral surface of the second portion of the first part of the first electrode layer. [15]
4
The conductive structure of claim 1, [1-4], [6-7], & [9-11]
wherein the first part of the first electrode layer further includes a lower portion, the lower portion of the first part of the first electrode layer has a first lateral surface contacting the first support layer [13]
and a second lateral surface opposite to the first lateral surface, [14]
wherein the second lateral surface of the lower portion of the first part of the first electrode layer is substantially aligned with the second lateral surface of the upper portion of the first part of the first electrode layer. [15]
8
The conductive structure of claim 3, [1-7] & [9-11]
wherein the first electrode layer further includes a second part substantially parallel with and spaced apart from the first part, [16]
wherein a top surface of the second part is an etched surface. [17]
See above claim 1 for limitations [16] and [17]
9
The conductive structure of claim 8, [1-7], [9-11], & [16-17]
wherein a surface condition of the top surface of the second part of the first electrode layer is different from a surface condition of the second lateral surface of the second portion of the first part of the first electrode layer. [18]
5
The conductive structure of claim 1, [1-4], [6-7], [9-11], & [16-17]
wherein a surface condition of the top surface of the second part of the first electrode layer is different from a surface condition of the second lateral surface of the upper portion of the first part of the first electrode layer. [18]
10
The conductive structure of claim 8, [1-7], [9-11], & [16-17]
wherein a surface roughness of the top surface of the second part of the first electrode layer is different from a surface roughness of the second lateral surface of the second portion of the first part of the first electrode layer. [19]
6
The conductive structure of claim 5, [1-4], [6-7], [9-11], & [16-18]
wherein a surface roughness of the top surface of the second part of the first electrode layer is different from a surface roughness of the second lateral surface of the upper portion of the first part of the first electrode layer. [19]
13
The conductive structure of claim 8, [1-7], [9-11], & [16-17]
wherein the second part is free from contacting the second support layer. [20]
7
The conductive structure of claim 1, [1-4], [6-7], [9-11], & [16-17]
wherein the top surface of the second part is lower than a bottom surface of the second support layer,
and the second part is free from contacting the second support layer. [20]
15
The conductive structure of claim 8, [1-7], [9-11], & [16-17]
wherein the first part of the first electrode layer and the second part of the first electrode layer collectively define a complete circle from a top view. [21]
9
The conductive structure of claim 1, [1-4], [6-7], [9-11], & [16-17]
wherein the first part of the first electrode layer and the second part of the first electrode layer collectively define a complete circle from a top view. [21]
As can be seen above, the respective claims of the reference application contain all of the limitations of the respective claims of the instant application, with the exception of limitation [5] “wherein a thickness of the first portion is substantially equal to a thickness of the second portion;” This aspect can be seen in Zhu’s device, see first electrode layer 51 in figure 17: it is uniform thickness, and thus each portion has substantially equal thickness. This is because it is deposited all as one deposition process, such as by ALD, and thus allows for simplified manufacturing. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have the first and second portions be substantially equal thickness in order to simplify the manufacturing process.
This is a provisional nonstatutory double patenting rejection.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL K ELLIOTT whose telephone number is (571)357-4606. The examiner can normally be reached Mon-Fri 8:00 -5:00.
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/DANIEL KURT ELLIOTT/ Examiner, Art Unit 2899
/Brent A. Fairbanks/ Supervisory Patent Examiner, Art Unit 2899
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