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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 10/1/2024 was filed. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Specification
The abstract and title are consistent with the requirements set forth in the MPEP 608.01(b) and 606, respectively.
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 1-9 are 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 material of the base" in Iines 2-3 and “the collector” in line 8. There is insufficient antecedent basis for these limitations in the claim because there is no previous mention of a material of a base and a collector in the claim. For examination purposes and for proper antecedence, the limitations are being interpreted as "a material of a base" and “a collector,” respectively. Appropriate correction is required.
Claim 3 recites the limitation "the bottom of the first cavity" in Iines 1-2. There is insufficient antecedent basis for these limitations in the claim because there is no previous mention of a bottom of the first cavity in claim 3 or claim 1 of which claim 3 is dependent on. For examination purposes and for proper antecedence, "the bottom of the first cavity" is being interpreted as "a bottom of the first cavity.” Appropriate correction is required. Claim 4 recites the limitation "the fourth layer" in Iine 3. There is insufficient antecedent basis for these limitations in the claim because there is no previous mention of a fourth layer in claim 4 or claim 1 of which claim 4 is dependent on. For examination purposes and for proper antecedence, "the fourth layer" is being interpreted as "the fourth insulating layer." Appropriate correction is required. Claim 5 recites the limitation "the fourth layer" in Iine 1. There is insufficient antecedent basis for these limitations in the claim because there is no previous mention of a fourth layer in claim 5 or claim 1 of which claim 5 is dependent on. For examination purposes and for proper antecedence, "the fourth layer" is being interpreted as "the fourth insulating layer." Appropriate correction is required. Claim 6 recites the limitation "the material of the emitter" in Iine 2. There is insufficient antecedent basis for these limitations in the claim because there is no previous mention of a material of an emitter in claim 6 or claim 1 of which claim 6 is dependent on. For examination purposes and for proper antecedence, "the material of the emitter" is being interpreted as "a material of an emitter." Appropriate correction is required.
Claim 7 recites the limitation "the fourth layer and fills the opening in the fourth layer" in Iines 1-2. There is insufficient antecedent basis for these limitations in the claim because there is no previous mention of a fourth layer in claim 7 or claims 1, 4 and 6 of which claim 7 is dependent on. For examination purposes and for proper antecedence, "the fourth layer and fills the opening in the fourth layer" is being interpreted as "the fourth insulating layer and fills the opening in the fourth insulating layer." Appropriate correction is required. Claim 8 recites the limitation "the thickness of the fifth layer is substantially equal to ten times the thickness of the fourth layer" in Iines 1-2. There is insufficient antecedent basis for these limitations in the claim because there is no previous mention of a thickness and a fourth layer in claim 8 or claims 1, 4 and 6 of which claim 8 is dependent on. For examination purposes and for proper antecedence, "the thickness of the fifth layer is substantially equal to ten times the thickness of the fourth layer" is being interpreted as "a thickness of the fifth layer is substantially equal to ten times a thickness of the fourth insulating layer." Appropriate correction is required. Claim 9 recites the limitation "the fourth, fifth, and sixth layers" in Iines 1-2. There is insufficient antecedent basis for these limitations in the claim because there is no previous mention of a fourth layer and a sixth layer in claim 9 or claims 1, 4 and 6 of which claim 9 is dependent on. For examination purposes and for proper antecedence, "the fourth, fifth, and sixth layers" is being interpreted as "the fourth insulating layer, the fifth layer, and the sixth insulating layers." Appropriate correction is required. Claims 2-9 are also rejected under 35 U.S.C. 112(b) as being indefinite for further limiting and depending on indefinite claim 1.
Allowable Subject Matter
Regarding claim 1, Chantre et al. US PGPub. 2013/0270649 teaches a bipolar transistor (fig. 18) manufacturing method (fig. 2-18), comprising: a) forming, on a substrate (42, fig. 2) [0045], a first stack of layers comprising a first layer (50, fig. 6) [0048] made of the material of the base [0048] of the bipolar transistor between a second insulating layer (44, fig. 6) [0045] and a third insulating layer (52, fig. 6) [0049], wherein the third insulating layer (52) is a single layer; b) forming a first cavity (60, fig. 7) [0050] crossing the first stack; and c) forming a second portion of the base (70, fig. 11) [0060] of the bipolar transistor in the first cavity (60) (Chantre et al., fig., 2-18). But Chantre fails to teach wherein forming a first cavity (60) crossing the first stack in such a way as to reach the substrate (42), wherein forming the first cavity comprises etching of no layer covering the first layer (50) other than the third insulating layer (52); and c) forming a first portion of the collector of the bipolar transistor and a second portion of the base (70) of the bipolar transistor in the first cavity (60).
Claims 1-9 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: the prior arts of record taken alone or in combination neither anticipates nor renders obvious a bipolar transistor manufacturing method comprising “forming, on a substrate, a first stack of layers comprising a first layer made of a material of a base of the bipolar transistor between a second insulating layer and a third insulating layer, wherein the third insulating layer is a single layer” in combination with “forming a first cavity crossing the first stack in such a way as to reach the substrate, wherein forming the first cavity comprises etching of no layer covering the first layer other than the third insulating layer” as recited in claim 1 Claims 2-9 are also objected to as allowable for further limiting and depending upon allowable claim 1.
Claims 10-13 are allowed.
The following is an examiner’s statement of reasons for allowance: the prior arts of record taken alone or in combination neither anticipates nor renders obvious a bipolar transistor manufacturing method comprising "forming a second layer made of a polysilicon material on the first layer; forming a third layer made of an insulating material on the second layer; wherein the third layer is a single layer; forming a first cavity crossing the first, second and third layers to reach the substrate by etching of no layer covering the second layer other than the third layer” as recited in claim 10. Claims 11-13 are also allowed for further limiting and depending upon allowed claim 10.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Gauthier et al. US PGPub. 2020/0111890 and Chevalier et al., US PGPub. 2019/0140072 both teach bipolar transistor manufacturing methods but the methods including etching more layers covering the first layer wherein the first layer is the material of the base of the bipolar transistor.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NDUKA E OJEH whose telephone number is (571)270-0291. The examiner can normally be reached M-F; 9am - 5pm..
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/NDUKA E OJEH/Primary Examiner, Art Unit 2892
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