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 .
DETAILED ACTION
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)(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.
1. Claims 1, 3, 5, 7-11, 14, 16, 18-20 and 23-24 are rejected under 35 U.S.C. 102(a2) as being anticipated by Lee et al. (US 2021/0066446; hereinafter Lee).
Regarding claim 1, Lee, in figs. 10A-10F, discloses a capacitor comprising: a lower electrode 601; a dielectric layer structure 603 on the lower electrode 601; and an upper electrode 602 on the dielectric layer structure 603, wherein the dielectric layer structure 603 ([0126]: Z-AZ-Z-AZ) includes: a first layer including zirconium oxide (Z) on the lower electrode 601, a second layer including zirconium oxide (Z) on the first layer (Z), and an insert layer including zirconium aluminum oxide (AZ) directly on the second layer (Z).
Regarding claim 3, Lee discloses wherein the second layer (Z) includes a crystalline layer ([0126]).
Regarding claim 5, Lee discloses wherein the first layer (Z) is disposed directly on the lower electrode 601 (figs. 10A-10F & [0126]).
Regarding claim 7, Lee discloses wherein each of the lower electrode and the upper electrode includes titanium nitride (TiN), titanium (Ti), tantalum (Ta), tantalum nitride (TaN), ruthenium (Ru), tungsten, or tungsten nitride ([0030]-[0031]).
Regarding claim 8, Lee discloses wherein each of the lower electrode and the upper electrode includes titanium nitride (TiN) ([0030]-[0031]).
Regarding claim 9, Lee, in figs. 10A-10F, discloses a capacitor comprising: a lower electrode 601; a dielectric layer structure 603 on the lower electrode 601; and an upper electrode 602 on the dielectric layer structure 603, wherein the dielectric layer structure 603 ([0126]: Z-AZ-Z-AZ) includes: a first layer including zirconium oxide (Z) on the lower electrode 601, a second layer (AZ) on the first layer (Z), the second layer (AZ) having a material different from a material of the first layer (Z), a third layer including zirconium oxide (Z) on the second layer (AZ), and a an insert layer (AZ) including at least one of Al, Ta, Nb, Mo, W, Ru, V, Y, Sc, or Gd directly on the third layer (Z), the insert layer (AZ) contacting the third layer (Z).
Regarding claim 10, Lee discloses wherein the insert layer (AZ) includes an oxide including at least one of Al, Ta, Nb, Mo, W, Ru, V, Y, Sc, or Gd ([0126]).
Regarding claim 11, Lee discloses wherein the insert layer (AZ) includes a zirconium aluminum oxide ([0126]).
Regarding claim 14, Lee discloses wherein the third layer (Z) includes a crystalline layer ([0126]).
Regarding claim 16, Lee discloses wherein the first layer (Z) is disposed directly on the lower electrode 601 (figs. 10A-10F & [0126]).
Regarding claim 18, Lee discloses wherein the dielectric layer structure further comprises a fourth layer on the insert layer ([0126]).
Regarding claim 19, Lee discloses wherein each of the lower electrode and the upper electrode includes titanium nitride (TiN), titanium (Ti), tantalum (Ta), tantalum nitride (TaN), ruthenium (Ru), tungsten, or tungsten nitride ([0030]-[0031]).
Regarding claim 20, Lee discloses wherein the lower electrode 601 has a pillar shape (figs. 10A-10F).
Regarding claim 23, Lee, in figs. 10A-10F, discloses a capacitor comprising: a lower electrode 601; a dielectric layer structure 603 on the lower electrode 601; and an upper electrode 602 on the dielectric layer structure 603, wherein the dielectric layer structure 603 ([0126]: Z-AZ-Z-AZ) includes: a first layer including zirconium oxide (Z) on the lower electrode 601, a second layer (AZ) on the first layer (Z), a third layer (Z) on the second layer (AZ), the third layer (Z) having a material different from a material of the second layer (AZ); and an insert layer (AZ) including zirconium aluminum oxide directly on the third layer (Z).
Regarding claim 24, Lee discloses wherein the third layer (Z) includes a zirconium oxide ([0126]).
Claim Rejections - 35 USC § 103
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 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.
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 of this title, 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.
2. Claims 21-22 are rejected under 35 U.S.C. 103 as being unpatentable over Lee (US 2021/0066446).
Although the thickness of the first layer, third layer, and the insert layer are not exactly as claimed, this claim is prima facie obvious without showing that the claimed ranges achieve unexpected results relative to the prior art range. In re Woodruff, 16 USPQ2d 1935, 1937 (Fed. Cir. 1990). See also In re Huang, 40 USPQ2d 1685, 1688(Fed. Cir. 1996) (claimed ranges of a result effective variable, which do not overlap the prior art ranges, are unpatentable unless they produce a new and unexpected result which is different in kind and not merely in degree from the results of the prior art). See also In re Boesch, 205 USPQ 215 (CCPA) (discovery of optimum value of result effective variable in known process is ordinarily within skill of art) and In re Aller,105 USPQ 233 (CCPA 1955) (selection of optimum ranges within prior art general conditions is obvious).
Response to Arguments
3. Applicant's arguments with respect to the pending claims have been considered but are moot in view of the new ground(s) of rejection.
Conclusion
4. 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 extension fee 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 date of this final action.
5. Any inquiry concerning this communication or earlier communications from the examiner should be directed to David Vu whose telephone number is (571) 272-1798. The examiner can normally be reached on Monday-Friday from 8:00am to 5:00pm. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempt to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Steven Loke H can be reached on (571) 272-1657. The fax phone number for the organization where this application or proceeding is assigned is (571) 273-8300.
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/DAVID VU/
Primary Examiner, Art Unit 2818