Notice of Allowability
`
`Application No.
`
`091540,610
`Examiner
`
`Chris C. Chu
`
`Applicant(s)
`
`NULTY ET AL.
`Art Unit
`
`2815
`
`I
`
`- The MAILING DATE of this communication appears on the cover sheet with the correspondence address-(cid:173)
`All claims being allowable, PROSECUTION ON THE MERITS IS (OR REMAINS) CLOSED in this application. If not included
`herewith (or previously mailed), a Notice of Allowance (PTOL-85) or other appropriate communication will be mailed in due course. THIS
`NOTICE OF ALLOW ABILITY IS NOT A GRANT OF PATENT RIGHTS. This application is subjec\ to withdrawal from issue at the initiative
`of the Office or upon petition by the applicant. See 37 CFR 1.313 and MPEP 1308.
`1. [8J This communication is responsive to 2/20104.
`
`2. [8J The allowed claim(s) is/are 25- 27 29 30 32-34 and 36-39.
`3. 0 The drawings filed on __ are accepted by the Examiner.
`4. 0 Acknowledgment is made of a claim for fore ign priority under 35 U.S.C. § 119(a)-(d) or (f) .
`a) 0 All
`b) 0 Some•
`c) 0 None
`of the:
`1. D Certified copies of the priority documents have been received.
`2. 0 Certified copies of the priority documents have been received in Application No. __ .
`3. 0 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)).
`• Certified copies not received: __ .
`
`Applicant has THREE MONTHS FROM THE "MAILING DATE' of this communication to file a reply complying with the requirements
`noted below. Failure to timely comply will result in ABANDONMENT of this application.
`THIS THREE-MONTH PERIOD IS NOT EXTENDABLE.
`5. 0 A SUBSTITUTE OATH OR DECLARATION must be submitted. Note the attached EXAMINER'S AMENDMENT or NOTICE OF
`INFORMAL PATENT APPLICATION (PT0-152) which gives reason(s) why the oath or declaration is deficient.
`
`6 . [8J CORRECTED DRAWINGS (as "replacement sheets") must be submitted.
`(a)~ including changes required by the Notice of Draftsperson's Patent Drawing Review ( PT0-948) attached
`1) 0 hereto or 2) ~ to Paper No.IMail Date i ·
`(b) 181 including changes required by the attached Examiner's Amendment I Comment or in the Office action of
`Paper No./Mail Date~·
`Identifying Indicia such as the application number (see 37 CFR 1.84(c)) should be written on the drawings In the front (not the back) of
`each sheet. Replacement sheet(s) should be labeled as such in the header according to 37 CFR 1.121(d).
`7 . 0 DEPOSIT OF and/or INFORMATION about the deposit of BIOLOGICAL MATERIAL must be submitted . Note the
`attached Examiner's comment regarding REQUIREMENT FOR THE DEPOSIT OF BIOLOGICAL MATERIAL.
`
`Attachment(&)
`1 . 0 Notice of References Cited (PT0-892)
`2. 0 Notice of Draftperson's Patent Drawing Review (PT0-948)
`3. 0 Information Disclosure Statements (PT0-1449 or PTO/SB/08),
`Paper No.IMail Date __
`4. 0 Examiner's Comment Regarding Requirement for Deposit
`of Biological Material
`
`5. 0 Notice of Informal Patent Application (PT0-152)
`6. 0 Interview Summary (PT0-413) ,
`Paper No.fMail Date __ .
`7. ~Exam iner's AmendmentiComment
`
`8. 181 Examiner's Statement of Reasons for Allowance
`9. 0 Other __ .
`
`U.S . Pa1en1 and Tradell"Srk Office
`PTOL-37 (Rev. 1-04)
`
`Notice of Allowabllity
`
`Part of Paper No./Mail Date 22
`
`Case No. IPR2016-00782
`DSS.2005.001
`
`

`
`1 .
`
`-.
`
`Application/Control Number: 09/540,610
`Art Unit: 2815
`
`Page 2
`
`DETAILED ACTION
`
`Drawings
`
`1.
`
`The proposed drawings mailed on October 4, 2001 are approved by Examiner. However,
`
`applicant should submit formal replacement sheets with labeled as such in the header according
`
`to 37 CFR l.12l(d) and formal drawings for the figures. Applicant is advised to employ the
`
`services of a competent patent draftsperson outside the Office, as the U.S. Patent and Trademark
`
`Office no longer prepares new drawings. The replacement drawings are required in reply to the
`
`Office action to avoid abandonment of the application. The requirement for replacement
`
`drawings will not be held in abeyance.
`
`EXAMINER'S AMENDMENT
`
`2.
`
`An examiner's amendment to the record appears below. Should the changes and/or
`
`additions be unacceptable to applicant, an amendment may be filed as provided by 37 CFR
`
`1.312. To ensure consideration of such a:n amendment, it MUST be submitted no later than the
`
`payment of the issue fee.
`
`3.
`
`Authorization for this examiner's amendment was given in a telephone interview with
`
`Paul E. Rauch on April 15, 2004.
`
`The application has been amended as follow//
`
`In claim 27, line 11, after "substrate surface," insert: -- that is either a right angle
`
`or an acute angle--.
`
`Case No. IPR2016-00782
`DSS.2005.002
`
`

`
`Application/Control Number: 09/540,610
`Art Unit: 2815
`
`Page 3
`
`In claim 34, at the last line, after "substrate s~rface," insert: -- that is either a right
`
`angle or an acute angle--.
`
`REASONS FOR ALLOWANCE
`
`The following is an examiner's statement of reasons for allowance:
`
`4.
`
`The prior art of record does not teach or reasonably suggest, either singularly or in
`
`combination, at least one insulating spacer in a contact region adjacent to a first insulating layer;
`
`an etch stop material over the first insulating layer and adjacent to the insulating spacer, the etch
`
`stop material being a different material from the insulating spacer; and wherein a side of the
`
`insulating spacer has an angle relative to the substrate surface that is either a right angle or an
`
`acute angle of more than 85°.
`
`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."
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to Chris C. Chu whose telephone number is 571-272-1724. The
`
`examiner can normally be reached on 11:30 - 8:00.
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner's
`
`supervisor, Tom Thomas can be reached on 517-272-1664. The fax phone number for the
`
`organization where this application or proceeding is assigned is 703-872-9306.
`
`Case No. IPR2016-00782
`DSS.2005.003
`
`

`
`Application/Control Number: 09/540,610
`Art Unit: 2815
`
`Page 4
`
`Information regarding the status of an application may be obtained from the Patent
`
`Application Information Retrieval (PAIR) system. Status information for published applications
`
`may be obtained from either Private PAIR or Public PAIR. Status information for unpublished
`
`applications is available through Private PAIR only. For more information about the PAIR
`
`system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR
`
`system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free).
`
`Chris C. Chu
`Examiner
`Art Unit 2815
`
`c.c.
`417/04 5:41:46 PM
`
`titlf.OLEV BAUMEISTER
`PRIMARY EXAMINER
`
`Case No. IPR2016-00782
`DSS.2005.004
`
`

`
`NOTICE OF ALLOWANCE AND FEE(S) DUE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United State~ Patent and Tndemark Office
`AdUrcss: COMMISSIONER FOR PATENTS
`P.O. Bo11. 1450
`1\.lcAanclria. Vir~:inia22l13 · 14SO
`WWW.IL~ plo.gov
`
`0412012004
`7590
`26263
`SONNENSCHEIN NATH & ROSENTHAL LLP
`P.O. BOX 061080
`WACKER DRIVE STATION, SEARS TOWER
`CHICAGO, IL 60606-1080
`
`APPLICATION NO.
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`09/540.610
`
`03 /3112000
`
`/ / .·
`
`James E. Nulty
`
`TITLE OF INVEN110N : STRUC1URE HAVING REDUCED LATERAL SPACER EROSION
`
`EXAMINER
`
`CHU, CfiRIS C
`
`ART UN[T
`
`PAPER NUMBER
`
`2815
`
`DATE MAILED: 04/20/2004
`
`I ATTORNEY DOCKET NO
`
`CONFIRMATION NO.
`
`16820.P097
`
`2171
`
`APPLN . TYPE
`
`SMALL ENTITY
`
`nonprovisional
`
`NO
`
`ISSUE FEE
`
`$1330
`
`PUBLICATION FEE
`
`TOTAL FEE(S) DUE
`
`$300
`
`Si630
`
`DATE DUE
`
`07/20/2004
`
`THE APPLICATION IDENTIFIED ABOVE HAS BEEN EXAMINED AND IS ALLOWED FOR ISSUANCE AS A PATENT.
`PROSECUTION Q!S.IH.E.M..E..BJISI.S.~. THIS NOTICE OF ALLOWANCE IS NOT A GRANT OF PATENT RIGHTS.
`IBIS APPLICATION IS SUBJECT TO WITHDRAWAL FROM .ISSUE AT THE INITIATIVE OF THE OFFICE OR UPON
`PETITION BY THE APPLICANT. SEE 37 CFR 1.313 AND MPEP 1308.
`
`THE ISSUE FEE AND PUBLICATION FEE (IF REQUIRED) MUST BE PAID WITHIN IliRE£ .M.QNIU..S FROM THE
`IH1.S.
`MAILING DATE OF THIS NOTICE OR THIS APPLICATION SHALL BE REGARDED AS ABANDONED.
`STAT!ITORY f.£Rillll !:A.lSliQI .B.E. EXTENQED.
`SEE 35 U.S.C. 151. THE ISSUE FEE DUE INDICATED ABOVE
`REFLECTS A CREDIT FOR ANY PREVIOUSLY PAID ISSUE FEE APPLIED IN THIS APPLICATION. THE PTOL-85B (OR
`AN EQUIVALENT) MUST BE RETURNED WITHIN THIS PERIOD EVEN IF NO FEE IS DUE OR THE APPLICATION WILL
`BEREGARDEDASABANDONE~
`
`BOW TO REPLY TO THIS NOTICE:
`
`I. Review the SMALL ENTITY status shown above.
`
`If the SMALL ENTITY is shown as YES, verify your current
`SMALL ENTITY status:
`A. If the slatus is the same, pay the TOTAL FEE(S) DUE shown
`above.
`
`B. If the status is changed, pay the PUBLICATION FEE (if
`required) and twice the amount of the ISSUE FEE shown above
`and notify the United States Patent and Trademark Office of the
`change in stalus, or
`
`If the SMALL ENTITY is shown as NO:
`
`A. Pay TOTAL FEE(S) DUE shown above, or
`
`B. If applicant claimed SMALL ENTITY status before, or is now
`claiming SMALL ENTITY status, check the box below and enclose
`the PUBLICATION FEE and 1/2 the ISSUE FEE shown above.
`
`Q Applicant claims SMALL ENTITY stalus.
`See 37 CFR 1.27.
`
`II. PART B- FEE(S) TRANSMITTAL should be completed and returned to the United States Patent and Trademark Office (USPTO) with
`your ISSUE FEE and PUBLICATION FEE (if required). Even if the fee(s) have already been paid, Part B - Fee(s) Transmittal should be
`completed and returned. If you are charging the fee(s) to your deposit account, section "4b" of Part B - Fee(s) Transmittal should be
`completed and an extra copy of the fonn should be submitted.
`
`Ill. All communicalions regarding this application must give the application number. Please direct all communications prior to issuance to
`Mail Stop ISSUE FEE unless advised to the contrary.
`
`IMPORTANT REMINDER: Utility patents issuing on applications filed on or after Dec. 12, 1980 may require payment of
`maintenance fees. It is Jlatentcc's responsibility to ensure timely payment of maintenance fees when due.
`
`PTOL-8S (Rev. 11 /03) Approved ror use through 04/30/2004.
`
`Page I of3
`
`Case No. IPR2016-00782
`DSS.2005.005
`
`

`
`PART B- FEE(S) TRANSMITTAL
`
`Complete and send this form, together with applicable fee(s), to: MAil
`
`Mail Stop ISSUE FEE
`Commissioner for Patents
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`or .E.u
`(703) 746-4000
`INSTRUCTIONS: This form should be used for transmitting the ISSUE FEE and .PUBLICATION FEE (if required). Blocks I through 4 should be completed where
`app_ropriate. All further correspon<.k:nce including the Patent, advance orders a~d . ootdication of maintenance fees will be maile_d to the current correspondence address as
`indicated unless corrected below or directed otherwise m Block I, by (a) spec1fyang a new correspondence address; and/or (b) mdicating a separate "FEE ADDRESS" for
`maintenance fcc notifications.
`CURRENT CORRESPONDENCE ADDRESS (Nole: Lc-~ib ly markAtp with any co~lions or use Block I)
`
`~~:(~) ~r~~~~~~11~ T~i~1~~~~iftc~~~ c0a0n1Ko~b:~~~Jf~rd~n~e~:~~~~~:~~a~~f~~
`papers. Each additional paper, such as an a~signment or formal drawing, must
`have its own certificate of mailing or transmlSSIOn.
`
`04/20/2004
`7590
`26263
`SONNENSCHEIN NA TI-l & ROSENTHAL LLP
`P.O. BOX 061080
`WACKER DRIVE STATION, SEARS TOWER
`CHICAGO, IL 60606-1080
`
`APPL[CATION NO
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`091540,610
`
`03/3112000
`
`James E. Nuhy
`
`16820.P097
`
`2171
`
`TITLE OF INVENTION: STRUCTURE HAVING REDUCED LATERAL SPACER EROSION
`
`t\PPLN . TYPE
`
`SMALL ENTITY
`
`nonprovisional
`
`NO
`
`EXAMINER
`
`CHU, CHRIS C
`
`ISSUE FEE
`
`$1330
`
`ART UNIT
`
`2815
`
`~F<:~~f6J).f correspondence address or indication of "fee Address" (31
`
`~d~~:;sgf0~~ c~TQJ'S8~~22)ea~t~~hccsJ. (or Change of Correspondence
`0 "Fee Address" indication (or "Fee Address" Indication form
`PTO/SB/47; Rev 03·02 or more rec.enl) attached. Use of a Customer
`Number is required.
`
`PUBLICA TION FEE
`
`TOTAL FEE(S) DUE
`
`$300
`
`$1630
`
`DATE DUE
`
`0712012004
`
`CLASS-SUBCLASS
`
`257-774000
`
`2. For printing on the patent front page, list (I) the
`names of up to 3 registered patent attorneys or
`agents OR, alternatively, (2) the name of a single
`f1rm (ha ving as a member a registered attorney or
`
`agent) and the names of up to 2 registered patent
`attorneys or agents. If no name is listed, no name
`will be printed.
`
`3. ASSIGNEE NAME AND RESIDENCE DATA TO BE PRINTED ON THE PATENT (print or lype)
`
`~;c~~~~,i~~sTyE~u~~f~~~d~o at~:~gUS~)·ifdd;;;t~ fl!1n~e!~b~iWeds~~gde~cs~~~~a~ 1~:~J;~Co~ptf!~ig~'~f~h:~~~~~0i~ ~~~s~gsnuc~s~~~fc 1fo~"JTi ~~C~~of~i~~;~~~ an assignment has
`
`lA) NAME OF ASSIGNEE
`
`(B) RESIDENCE: (CITY and STATE OR COUNTRY)
`
`Please check th e appropriate assignee category or categories (will not be printed on the parent);
`4a. The following fee(s) arc enclosed:
`4b. Payment of Fee(s):
`Q Issue Fee
`0 Publication Fee
`
`0 Advance Order- #of Cop i e s - - - - - - - -
`
`0 individual
`
`0 corporation or other private group entity
`
`0 government
`
`0 A check in the amount of the fee(s) is enclosed.
`Q Payment by credit card. Form PT0·2038 is attached.
`~e~~:ito~~~~~~~i~~~b~; authorized by charge the r{~~f~~e ~~~~tr~rc~~Yd~f~~rs ~;;~~yment, to
`
`Director for Patents is requested to apply the Issue Fee and Publication Fcc (if any) or to re-apply any previously paid issue fee to the application identified above.
`
`(Authorized Signature)
`
`(Date)
`
`NOTE; The Issue Fcc and Publicmion Fee (if required) will not be accepted from anyone
`f~~ce;es1~:; sl~aew~pb~i~h~t;e~o~dri~re:h~ U~W~deSta~~s a~:~~~~ ~~JhTr:d~~~~ke Offi~~~er party in
`J;,i!i~o~~e~~~~in a: ~~~o;n.a~i~~hi: ~~~~;~e~~(c~Js ~:~,!-~~~d ~he1~~fUS#~Q"~~s ;~~~~~~~ ~-~
`application. Confidcnti~lity IS governed by _35 u.~.c. 122 and 3'1 CFR 1.14. ThiS collection IS
`estimated to tak_e 12 manutes to complete, mcl~dmg gathering, preparing, and sub":~itt~ng the
`~~~:~~~~ i'd'~~~a~~~~- ~~n~h~o at~1~u~~P~~~~-i~!m;o;~~~qv~i~ ~~-P~~~"fet~Prhisthfo;~d~~~~~~~
`suggest;ons for reduc1ng this burden, should be sent to the Chtef lnfonnauon Officer, U.S.
`~m";.I~S~ T~e~'8'~ s0/,~[:rF~E~ o9i'Pc~~ePLEo/E~0f'O'Jl."M'h~le~~~~~~D;)'~~~~;'
`SEND TO: Commissioner for Patents, Alexandria, Virginia 22313·1450.
`~ol?eC:ti~ne ~Jf[f;r~~:l~o:~~~~~~i~ d~~L~~ al e~~d 0~1~~~o"~~oi~~~eb~~~red to respond to a
`
`I'TOL-85 (Rev. 11 /03) Approved for usc through 04/30/2004.
`
`OMB 0651-0033
`
`U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
`
`TRANSMIT THIS FORM WITH FEE(S)
`
`Case No. IPR2016-00782
`DSS.2005.006