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`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address:
`COMMISSIONER OF PATENTS AND TRADEMARKS
`? Z /
`Washington. 0.0. 20231
`“HST NAMED WVENTOR I
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`
`
`I.
`
`Please find below and/or attached an Office communication concerning this application or
`proceeding.
`
`Commlssloner of Patents and Trademarks
`
`PTO-SOC {Revm/ac)
`
`INTEL 1015
`
`L F". co”
`
`

`
`Applicantls) Application No.
`O9/540,610
`NULTY ET AL.
`
`
`
`
`
`Examiner
`
`Art Unit
`
`Chris C. Chu
`
`2815
`
`
`
`
`
`
`
`-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE §_ MONTH(S) FROM
`THE MAILING DATE OF THIS COMMUNICATION.
`in no event. however, may a reply be timely filed
`~ Extensions of time may be available under the provisions of 37 CFR 1136 (a).
`alter SIX (6) MONTHS from the mailing date of this communication.
`-
`If the period for reply specified above is less than thirty (30) days. a reply within the slalulow minimum of thirty (30) days will be considered timely.
`It N0 period for reply_is specified above, the maximum statutory period will apply and will expire SIX (5) MONTHS from the mailing date of this communication
`~
`- Failure to reply within the set or extended period for reply will, by statute. cause the application to become ABANDONED (35 U.S.C. § 133).
`-
`‘Any reply received by the Office later than three months after the mailing date of this Communication. even if timely filed, may reduce any
`earned patent term adjustment. See 37 CFR 1.704(b).
`Status
`
`1)l:l Responsive to communication(s) filed on
`2a)[:] This action is FINAL.
`2b)® This action is non-final.
`
`3)l:I Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under Ex parte Quayle, 1935 C.D. ‘I1, 453 O.G. 213,
`
`Disposition of Claims
`
`4) Claim(s)v Q-Q islare pending in the application.
`
`4a) Of the above claim(s) __ is/are withdrawn from consideration.
`
`5)CI Claim(s) __ is/are allowed.
`
`6)® C|aim(s) Q-L9 is/are rejected.
`
`7)I:] Claim(s) __ is/are objected to.
`
`8)Cl Claims __ are subject to restriction andlor election requirement.
`
`Application Papers
`
`9)® The specification is objected to by the Examiner.
`
`10) The drawing(s) filed on 31 March 2000 islare objected to by the Examiner.
`
`is: a)[:l approved b)[:] disapproved.
`11)I:] The proposed drawing correction filed on
`12)Ej The oath or declaration is objected to by the Examiner.
`
`Priority under 35 U.S.C. § 119
`
`13)l:] Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`
`a)l:] All b)l:] Some * c)D None of:
`
`11] Certified copies of the priority documents have been received.
`
`2.D Certified copies of the priority documents have been received in Application No. __
`
`3.D Copies of the certified copies of the priority documents have been received in this National Stage
`application from the International Bureau (PCT Rule 17.2(a)).
`' See the attached detailed Office action for a list of the certified copies not received.
`
`‘l4)E] Acknowledgement is made of a claim for domestic priority under 35 U.S.C. § 119(e).
`
`Attachmentlsl
`
`18) D interview Summary (PTO-413) Paper No(s),
`15) E Notice of References Cited (PTO—892)
`19) D Notice of Informal Patent Application (PTO-152)
`16) E Notice of Draftsperson’s Patent Drawing Review (PTO-948)
`20) [3 Other:
`17) Q information Disclosure Statement(s) (PTO-1449) Paper Nols) 1 .
` U.S. Patent and Trademark Office
`PTO-326 (Rev. 01-01)
`Office Action Summary
`Part of Paper No 4
`
`
`.
`
`Office Action Summary
`
`

`
`Application/Control Number: O9/540,610
`Art Unit: 2815
`
`Page 2
`
`DETAILED ACTION
`
`1.
`
`The preliminary amendment, which is filed on March 3 l, 2000, has been entered.
`
`2.
`
`This application discloses and claims only subject matter disclosed in prior Application
`
`No. 08577751, filed Dec. 22, 1995, (now Patent No. 6066555, issued May 23, 2000) and names
`
`an inventor or inventors named in the prior application. Accordingly, this application may
`
`constitute a continuation or division. Should applicant desire to obtain the benefit of the filing
`
`date of the prior application, attention is directed to 35 U.S.C. 120 and 37 CFR 1.78.
`
`Drawings
`
`3.
`
`Figures 1 ~ 3 should be designated by a legend such as --Prior Art-- because only that
`
`which is old is illustrated. See MPEP § 608.02(g).
`
`4.
`
`The drawings are objected to under 37 CFR l.83(a). The drawings must show every
`
`feature of the invention specified in the claims. Therefore. the Contact region in the first
`
`insulating layer must be shown or the feature(s) canceled from the claim(s). No. new matter
`
`should be entered.
`
`5.
`
`The drawings are objected to as failing to comply with 37 CFR l.84(p)(5) because they
`
`include the following reference sign(s) not mentioned in the description: reference number “455”
`
`in Fig. 4H is not disclosed in the specification. Correction is required.
`
`

`
`Application/Control Number: 09/540,610
`Art Unit: 2815
`
`Page 3
`
`6.
`
`The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they
`
`do not include the following reference sign(s) mentioned in the description:
`
`On page 20, line 15 and line 17 ofthe specification refers to conducting layer “Z320.”
`
`On page 20, line 20 ofthe specification refers to the dielectric layer “4lO.”
`
`On page 21, line 13 of the specification refers to a photoresist masking layer “425,”
`
`On page 23, line 6 of the specification refers to the silicon nitride etch stop layer “340.”
`
`On,page 24, line 9 of the specification refers to a photoresist material “470.”
`
`On page 27, line 8 of the specification refers to a height “hl .”
`
`On page 27, line 9 of the specification refers to a width “wl .”
`
`Above reference signs are not referenced in the figures.
`
`Correction is required.
`
`7.
`
`Applicant is required to submit a proposed drawing correction in reply to this Office
`
`action. However, formal correction of the noted defect can be deferred until the application is
`
`allowed by the examiner.
`
`Specification
`
`8.
`
`Applicant is reminded of the proper language and format for an abstract of the disclosure.
`
`The abstract should be in narrative form and generally limited to a single paragraph on a
`separate sheet within the range of 50 to 250 words.
`It is important that the abstract not exceed
`250 words in length since the space provided for the abstract on the computer tape used by the
`printer is limited. The form and legal phraseology often used in patent claims, such as "means"
`and "said," should be avoided. The abstract should describe the disclosure sufficiently to assist
`readers in deciding whether there is a need for consulting the full patent text for details.
`
`

`
`Application/Control Number: 09/540,610
`Art Unit: 2815
`
`Page 4
`
`The language should be clear and concise and should not repeat information given in the
`It should avoid using phrases which can be implied, such as, "The disclosure concerns,“
`title.
`"The disclosure defined by this invention," "The disclosure describes," etc.
`
`9.
`
`The abstract of the disclosure is objected to because it contains legal phraseology such as
`
`“said” and “means”. Correction is required. See MPEP § 608.01(b).
`
`10.
`
`The disclosure is objected to because of the following informalities:
`
`On page 16, lines 14 ~ 18, there are two brief descriptions for Figure 3. Which brief
`
`description is the brief description of Figure 3?
`
`On pages 24, line 3, “Figure 4(H)” should be «Figure 4(I)——. This is because, thevarious
`
`reference characters they designate to Figure 4(I-I) on the page 24 of the specification appear to
`
`be inaccurate. Base on the description, i.e., reference characters 450, 460, etc., it appears that
`
`applicant is describing Figure 4(1). Therefore, the reference to Figure 4(H) should be changed to
`
`‘Figure 4(1).
`
`The disclosure is missing a detailed description of Figure 4(H).
`
`Appropriate correction is required.
`
`Claim Objections
`
`11.
`
`Claims 25 and 26 are objected to under 37 CFR l.75(c), as being of improper dependent
`
`form for failing to further limit the subject matter of a previous claim. Applicant is required to
`
`cancel the claim(s), or amend the claim(s) to place the claim(s) in proper dependent form, or
`
`rewrite the claim(s) in independent form. Further, since claims 25 and 26 depend from canceled
`
`

`
`Application/Control Number: 09/540,610
`Art Unit: 2815
`
`Page 5
`
`claim, for purposes of examination claims 25 and 26 will be treated as depending from claim 27.
`
`However, correction is required as mentioned in beginning of this paragraph.
`
`12.
`
`Claim 34 is objected to because of the following informalities: spelling error on line 6
`
`and on line 8, “insulative” should be --insulate—— or —-insulating--. Appropriate correction is
`
`required.
`
`Claim Rejections - 35 USC § 112
`
`13.
`
`The following is a quotation ofthe second paragraph 01°35 U.S.C. 112;
`
`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.
`
`14.
`
`Claims 25 ~ 39 are rejected under 35 U.S.C. 112, second paragraph, as being indelinite
`
`for failing to particularly point out and distinctly claim the subject matter which applicant
`
`regards as the invention.
`
`In claim 1, it can not be determined what the applicant regards as “a contact region in the
`
`first insulating layer.” The instant specification, specifically, the description of Fig. 4(1) discloses
`
`contact regions 460 and 465. However, these contact regions are not placed in the first insulating
`
`layer 420.
`
`Regarding claim 34, this claim appears to be an apparatus claim: therefore. it is not
`
`understood why this claim recites the phrase “the steps of“ in the preamble. Further, the claim
`
`recites the limitation "the first and second electrically conductive regions" in lines 8 and 9.
`
`There is insufficient antecedent basis for this limitation in the claim.
`
`

`
`Application/Control Number: 09/540,610
`Art Unit: 2315
`
`Page 6
`
`Claim Rejections - 35 USC § 1 02
`
`15.
`
`The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the
`
`basis for the rejections undei this section made in this Office action:
`
`A person shall be entitled to a patent unless —
`
`(b) the invention was patented or described in a printed publication 1!] this or a foreign country or in public use or on
`' sale in this country, more thanone year prior to the date of application for patent in the United States.
`
`16.
`
`Claims 25 and 27 ~ 39 are rejected under 35 U.S.C. l02(b) as being anticipated by
`
`Dennison et al.
`
`Regarding claim 25, Dennison et al. discloses the etch stop layer (20) is silicon nitride
`
`(column 3, line 35).
`
`Regarding claim 27, note Fig. 2 of Dennison et al., where the reference shows a structure
`
`(10), comprising: a conductive layer (12 and column 3, lines 29 ~ 33) disposed over a substrate;
`
`’a first insulating layer (18) on the conductive layer; a contact region (the area ol‘34'} in the lirst
`
`insulating layer; at least one insulating spacer (18) in the contact region adjacent to the first
`
`insulating layer (see Fig. 2); and an etch stop material (20 and column 3, line 35) over the first
`
`insulating layer and adjacent to the insulating spacer (see Fig. 2), the etch stop material being
`
`distinct from the insulating spacer (see Fig. 2 and column 3, lines 32 ~ 38).
`
`Regarding claim 28, Fig. 2 of Dennison et al., where the reference shows the insulating
`
`spacer (18) has a substantially rectangular profile in the contact region (see Fig. 2).
`
`Regarding claims 29 and 36, Fig. 2 of Dennison et al.. where the reference shows the
`
`insulating spacer (18) has a surface portion in the contact region without overlying etch stop
`
`material (see Fig. 2).
`
`

`
`Application/Control Number: 09/540,610
`Art Unit: 2815
`
`Page 7
`
`Regarding claims 30 and 37, Fig. 2 of Dennison et al., where the reference shows the
`
`insulating spacer (18) surface portion without overlying etch stop material comprises an
`
`insulating spacer surface portion most distant from the substrate (see Fig. 2).
`
`Regarding claim 31, Fig. 2 of Dennison et al., where the reference shows the insulating
`
`spacer (18) has a surface portion in the contact region without overlying etch stop material (see
`
`Fig. 2).
`
`Regarding claims 32 and 38, Fig. 2 of Dennison et al., where the reference shows a
`
`structure (10), further comprising a second insulating layer (28) on the etch stop layer and over
`
`the conductive layer (see Fig. 2).
`
`Regarding claims 33 and 39, Fig. 2A of Dennison et al., where the reference shows a
`
`structure (10), further comprising a second conductive material (40) in the contact region (see
`
`Fig. 2A).
`
`Regarding claim 34, Fig. 2 of Dennison et al., where the reference shows a structure,
`
`comprising the step of: a first electrically conductive material (24) formed in and/or on a surface
`
`of a substrate; a contact opening (the area of 34) in a region adjacent to a second electrically
`
`conductive material (the area of 40 in Fig. 2A) formed on the substrate; an electrically insulative
`
`spacer (18) in the contact opening adjacent to the second electrically conductive material; an etch
`
`stop layer (20) over the electrically insulative spacer and the first and second electrically
`
`conductive regions (see Fig. 2); a blanket layer (28) over the etch stop layer; and an opening
`
`through a first part of the etch stop layer to the first electrically conductive region (see Fig. 2).
`
`

`
`ApplicationlControl Number‘. 09/540,6 l 0
`Art Unit: 281 5
`
`P agé 8
`
`Regarding claim 35, Fig. 2 of Dennison et al., where the reference shows the electrically
`
`insulative spacer (18) has a substantially rectangular cross-sectional shape in a plane that is
`
`substantially perpendicular to the substrate surface (see Fig. 2).
`
`Claim Rejections - 35 USC § 103
`
`17.
`
`The following is a quotation of 35 U.S.C. 103(3) which forms the basis forlall
`
`obviousness rejections set forth in this Office action:
`
`(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in
`section 102 of this title, ifthe differences between the subject matter sought to be patented and the prior art are
`such that the subject matter as a whole would have been obvious at the time the invention was made to a person
`having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negatived by the
`manner in which the invention was made.
`
`18.
`
`Claim 26 is rejected under 35 U.S.C. 103(a) as being unpatentable over Dennison et al. in
`
`view of Gonzalez.-
`
`Dennison et al. discloses the claimed invention except the etch stop layer is silicon
`
`dioxide. However, Gonzalez discloses the etch stop layer is silicon dioxide (31 in Fig. 18). Thus,
`
`it would have been obvious to one of ordinary skill in the art at the time when the invention was
`
`made to modify Dennison et al. by using the etch stop layer is silicon dioxide as taught by
`
`Gonzalez. The ordinary artisan would have been motivated to modify Dennison et al. in the
`
`manner described above for at least the purpose of preventing diffusion of element between
`
`layers.
`
`

`
`Application/Control Number: 09/540,610
`Art Unit: 2815
`
`Page 9
`
`Conclusion
`
`19.
`
`The prior art made of record and not relied upon is considered pertinent to applicant's
`
`disclosure. Howard and Kimura disclose multi-layer and contact regions in a semiconductor
`
`device.
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to Chris C. Chu whose telephone number is (703) 305-6194. The
`
`examiner can normally be reached on M-F (9:30 - 6:00).
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
`
`supervisor, Eddie C. Lee can be reached on (703) 308-1690. The fax phone numbers for the
`
`organization where this application or proceeding is assigned are (703) 308-7382 for regular
`
`communications and (703) 308-7722 for After Final communications.
`
`Any inquiry of a general nature or relating to the status of this application or proceeding
`
`should be directed to the receptionist whose telephone number is (703) 308-0956.
`
`(:.c.
`
`May 30, 2001
`
`Chris C. Chu
`Examiner
`Art
`"t 2815
`
`EDDIE lfli
`SUPERVISORV PATENT EXAMFNEB
`TECHNOLOGY CENTER 2800