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`APPLICATION NO.
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`09/54(),6l0
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`UNITED STATES PATENT AND TEADEMARK OFFICE
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`UNITED STATE‘! DEPARTMENT OF COMRIERIJFI
`Unltud Slntul Pun.-nt nnd 'l‘rudt.muu-It Offlcc
`‘
`ArMr«u4- l.7I'\Mf\vllf3!~}I<')Nl’2Il. 0|"1‘A'Y‘l'IN'I‘H AN1.1‘l'lLAlII‘IMA|€K!*.}
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`www Ivlpfnqxflv
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`FILING DATE
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`03/3 I/2000
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`7590
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`()lll)9/2002
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`FIRST NAMED INVENTOR
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`A'lTORNl:'Y DOCKET NO.
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`CONFIRMATION NO.
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`James E.Nu1!y
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`lbB20.P[I97
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`2|7|
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`
`
`Blakely Sokoloff Taylor & Zafman
`12400 Wilshire Boulevard
`Seventh Floor
`Los Angeles, CA 90025
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`'
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`EXAMINER
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`CHU' CHRIS C
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`2815
`DATE MAILED: 01/09/2002
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`7
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`Please find below and/or attached an Office communication concerning this application or proceeding.
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`PTO-90C (Rev. 07-0 I )
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`INTEL 10 17
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`

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`
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`App|icant(s) Application No.
`09/540,610
`NULTY ET AL.
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`
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`Office Action Summary
`
`Ar, Uni,
`Examine,
`2815
`Chris C. Chu
`-- The MAILING DATE 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 1 MONTH(S) FROM
`THE MAILING DATE OF THIS COMMUNlCAT|ON.
`In no event. however. may a reply be timely filed
`~ Extensions of time may be available under the provisions of 37 CFR 1.136(a).
`after Six (6) MONTHS from the mailing date of this communication.
`—
`lithe period for reply specilied above is less than thiny (30) days, a reply within the statutory minimum of thirty (30) days will be considered timely.
`It NO period for reply is specified above. the maximum statutory period will apply and will expire SIX (6) MONTHS lrom 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 tiled, may reduce any
`earned patent term adjustment. See 37 CFR 1.704(1)).
`Status
`
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`1) Responsive to communicationts) filed on October4 2001 .
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`2a)lX|
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`This action is FINAL.
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`2b)[] This action is non-final.
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`3)I]
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`Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed inaccordarice with the practice under Ex parte Quayle, 1935 C.D. 11, 453 O.G. 213.
`Disposition of Claims
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`4)IXl Claim(s) E4513 is/are pending in the application.
`4a) Of the above Claim(s) __ is/are withdrawn from consideration.
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`5)Cj Claim(s) ____ is/are allowed.
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`6)[E Claim(s) %_-3g is/are rejected.
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`7)l:l Claim(s) __ is/are objected to.
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`8)EI Claim(s) T are subject to restriction and/or election requirement.
`Application Papers
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`9)l:I The specification is objected to by the Examiner.
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`10)[:| The drawingts) filed on __ is/are: a)l:i accepted or b)[] objected’ to by the Examiner.
`Applicant may not request that any objection to the drawingts) be held in abeyance. See 37 CFR 1.85(a).
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`11)l:l The proposed drawing correction filed on __ is: a)D approved b)t] disapproved by the Examiner.
`If approved, corrected drawings are required in reply to this Office action.
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`12)l:] The oath or declaration is objected to by the Examiner.
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`Priority under 35 U.S.C. §§ 119 and 120
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`13):] Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`a)[] All b)[:| Some * c)E] None of:
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`1.1:] Certified copies of the priority documents have been received.
`
`2.i:] Certified copies of the priority documents have been received in Application No.
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`31] 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.
`
`14)E Acknowledgment is made of a claim for domestic priority under 35 U.S.C. § 119(e) (to a provisional application).
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`a) I] The translation of the foreign language provisional application has been received.
`15)E] Acknowledgment is made of a claim for domestic priority under 35 U.S.C. §§ 120 and/or 121.
`Attachmentts)
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`4) E] Interview Summary (PTO-413) Paper No(s).
`5) C] Notice of informal Patent Application (PTO—152)
`6) C] Other:
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`.
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`.
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`. U
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`1) [3 Notice of, References Cited (PTO-892)
`2) D Notice of Draftsperson's Patent Drawing Review (PTO—946)
`3) D Information Disclosure Stateme.-nt(s) (PTO-1449) Paper Nots)
`S Patent and Trademark Orlioe
`PTO—326 (Rev. 04-01)
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`Office Action Summary
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`Part of Paper No. 7
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`
`
`

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`DETAILED ACTION
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`Response to Amendment
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`1.
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`The amendment filed on October 4, 2001 has been received and entered in this
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`office action.
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`Amend claims: 25, 26, and 34.
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`Claim Rejections - 35 USC § 102
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`2.
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`The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that
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`form the basis for the rejections under this section made in this Office action:
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`A person shall be entitled to a patent unless —
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`(b) the invention was patented or described in a printed publication in this or a foreign country or in public
`use or on sale in this country, more than one year prior to the date ofapplicalion for patent in the United
`States.
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`3.
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`Claims 25 and 27 ~ 39 are rejected under 35 U.S.C. l02(b) as being anticipated
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`by Dennison et al.
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`Regardingclaim 25, Dennison et ai. discloses the etch stop layer (20) is silicon
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`nitride (column 3, line 35).
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`Regarding claim 27, note Fig. 2 of Dennison et al., where the reference shows a
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`structure (10), comprising: a conductive layer (12 and column 3, lines 29 ~ 33) disposed
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`over a substrate; a first insulating layer (18) on the conductive layer; a contact region (the
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`area of 34) in the first insulating layer; at least one insulating spacer (18) in the contact
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`region adjacent to the first insulating layer (see Fig. 2); and an etch stop material (20 and
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`column 3, line 35) over the first insulating layer and adjacent to the insulating spacer (see
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`Fig. 2), the etch stop material being distinct from the insulating spacer (see Fig. 2 and
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`column 3, lines 32 ~ 38).
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`Regarding claim 28, Fig. 2 of Dennison et al., where the reference shows the
`insulating spacer (18) has a substantially rectangular profile in the coniact region (see
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`Fig. 2).
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`Regarding claims 29 and 36, Fig. 2 of Dennison et al., where the reference shows
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`the insulating spacer (18) has a surface portion in the contact region without overlying
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`etch stop material (see Fig. 2).
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`Regarding claims 30 and 37, Fig. 2 of Dennison et al., where the reference shows
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`the insulating spacer (18) surface portion without overlying etch stop material comprises
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`an insulating spacer surface portion most distant from the substrate (see Fig. 2).
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`Regarding claim 31, Fig. 2 of Dennison et al., where the reference shows the
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`insulating spacer (18) has a surface portion in the contact region without overlying etch
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`stop material (see Fig. 2).
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`Regarding claims 32 and 38, Fig. 2 of Dennison et al., where the reference shows
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`a structure (10), further comprising a second insulating layer (28) on the etch stop layer
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`and over the conductive layer (see Fig. 2).
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`Regarding claims 33 and 39, Fig. 2A of Dennison et al., where the reference
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`shows a structure (10), further comprising a second conductive material (40) in the
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`contact region (see Fig. 2A).
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`Regarding claim 34, Fig. 2 of Dennison et al., where the reference shows a
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`structure, comprising the step of: a first electrically conductive material (24) formed in
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`

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`and/or on a surface of a substrate; a contact opening (the area of 34) in a region adjacent
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`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
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`second electrically conductive material (see Fig. 2); an etch stop material (20) over the
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`electrically insulative spacer and the first and second electrically conductive materials
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`(see Fig. 2), the etch stop material being distinct from the insulative spacer (see Fig. 2); a
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`blanket layer (28) over theetch stop material; and an opening through a first part of the
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`etch stop material to the first electrically conductive material (see Fig. 2).
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`Regarding claim 35, Fig. 2 of Dennison et al., where the reference shows the
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`electrically insulative spacer (18) has a substantially rectangular cross-sectional shape in
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`a plane that is substantially perpendicular to the substrate surface (see Fig. 2).
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`Claim Rejections - 35 USC § 103
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`4.
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`The following is a quotation of 35 U.S.C. l03(a) which forms the basis for all
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`obviousness rejections set forth in this Office action:
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`(a) A patent may not be obtained though the invention is not identically disclosed or described as set
`forth in section 102 ofthis 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.
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`5.
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`Claim 26 is rejected under 35 U.S.C. l03(a) as being unpatentable over Dennison
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`et al. in view ofGonzalez.
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`Dennison et al. discloses the claimed invention except the etch stop layer is
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`silicon dioxide. However, Gonzalez discloses the‘ etch stop layer is silicon dioxide (31 in
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`Fig. 18). Thus, it would have been obvious to one of ordinary skill in the art at the time
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`when the invention was made to modify Dennison et al. by using the etch stop layer is
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`silicon dioxide as taught by Gonzalez. The ordinary artisan would have been motivated to
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`modify Dennison et al. in the manner described above for at least the purpose of
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`preventing diffusion of element between layers.
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`Response to Arguments
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`6.
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`Applicant's arguments filed on October 4, 2001 have been fully considered but
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`they are not persuasive.
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`In page 20, paragraph 1, applicant argues “Dennison et al. describes a barrier"
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`layer rather than an etch stop material, and does not suggest that it is a distinct material
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`from the insulating spacer.” The argument is not persuasive. Note that the material of
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`layer 20, Si3N4, is well known in the art to use as an etch stop material (read page 23, line
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`2 of instant invention).
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`Further, the recitation “an etch stop material [] is a distinct material from the
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`insulating spacer” is not recited in the rejected claim(s). It is noted that the features upon
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`which applicant relies (ie, an etch stop material [] is a distinct material from the
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`insulating spacer) uarenot recited in the rejected claim(s). Although the claims are
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`interpreted in light of the specification, limitations from the specification are not read into
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`the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
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`For the above reasons, the rejections are maintained.
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`

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`Conclusion
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`7.
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`THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of
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`time policy as set forth in 37 CFR l.l36(a).
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`A shortened statutory period for reply to this final action is set to expire THREE
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`MONTHS from the mailing date of this action.
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`In the event a first reply is filed within
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`TWO MONTHS ofthe mailing date of this final action and the advisory action is not
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`mailed until after the end of the THREE-MONTH shortened statutory period, then the
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`shortened statutory period will expire on the date the advisory action is mailed, and any
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`extension fee pursuant to 37 CFR 1.l36(a) will be calculated from the mailing date ofthe
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`advisory action. In no event, however, will the statutory period for reply expire later than
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`SIX MONTHS from the mailing date of this final action.
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`Any inquiry concerning this communication or earlier communications from the
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`examiner should be directed to Chris C. Chu whose telephone number is (703) 305-6194.
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`The examiner can normally be reached on M-F (10:30 — 7:00).
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`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
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`supervisor, Eddie C. Lee can be reached on (703) 308-1690. The fax phone numbers for
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`the organization where this application or proceeding is assigned are (703) 308-73 82 for
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`regular communications and (703) 308-7722 for After Final communications.
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`Any inquiry of a general nature or relating‘ to the status of this application or
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`proceeding should be directed to the receptionist whose telephone number is (703) 308-
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`0956.
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`

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`c.c.
`
`January 4, 2002
`
`Chris C. Chu
`Examiner
`Art Unit 2815
`
`EDDIE LEE
`SUPERVISORY PATENT EXAMINER
`TECHNOLOGY CENTER 2800