UNITED STATES PATENT AND TIQADEMARK OFFICE
`
`
`
`UNITED STATES DEPARTMENT OF‘ COMMERCE
`United States Patent and Trndemnrk Uffiue
`Addnauu. COMMlSSlONER OF PATIENTS AND TRADEMARKS
`P.0.Box I450
`Al.nnIIIdtirs,VnynIn 21”]-1450
`wIvW.ulplo.,gov
`
`09/540,610
`26263
`
`03/3 l/2000
`05/10/2003
`
`7590
`
`SONNENSCHEINNATHMOSENTHAL
`PO. BOX 06l080
`WACKER DRIVE STATION
`CHICAGO, ll. 60606-1080
`
`James E. Nulty
`
`|6820.P097
`
`2171
`
`CHU HRIS C
`’ C
`
`2815
`DATE MAILED: 05/20/2003
`
`I 7
`
`Please find below and/or attached an Office communication concerning this application or proceeding.‘
`
`PTO-90C (Rev. 07-01)
`
`INTEL 1021
`
`

`
`
`
`
`
`Office Action Summary
`
` Application No. Applicant(s)
`
`09/540,610
`NULTY ET AL.
`
`Art Unit
`Examiner
`
`Chris O. Chu
`
`-- 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 3 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 1.‘l36(a).
`after SIX (6) MONTHS tram the mailing date of this communication.
`-
`If the period for reply specified above is less than thirty (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 from the rriailing date of this communication.
`- Failure to reply within the set or extended period tor 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 alter the mailing date of this communication. even if timety filed, may reduce any
`earned patent term adjustment. See 37 CFR 1.704(b).
`Status
`
`
`
`2815
`
`1)Xj Responsive to communication(s) filed on 11 March 2003.
`2a)lZ This action is FINAL.
`2b)D This action is non-final.
`
`3)l:I v 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 CD. 11, 453 O.G. 213.
`Disposition of Claims
`
`4)IXI C|aim(s) fig is/are pending in the application.
`
`4a) ‘Of the above claim(s) jg isiare withdrawn from consideration.
`5)|:| Claim(s) __ is/are allowed.
`
`6)|Z Clalm(s) _2_5_-Q is/are rejected.
`
`7)[:] Claim(s) __ islare objected to.
`
`8)E] Claim(s)
`Application Papers
`
`are subject to restriction and/or election requirement.
`
`9)l:I The specification is objected to by the Examiner.
`
`is/are: a)|j accepted or b)C] objected to by the Examiner.
`l0)l:I The drawing(s) filed on
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`
`is: a)l:I approved b)l:I disapproved by the Examiner.
`1t)[:] The proposed drawing correction filed on
`If approved, corrected drawings are required in reply to this Office action.
`
`12)D The oath or declaration is objected to by the Examiner.
`Priority under 35 U.S.C. §§ 119 and 120
`
`13)|:| Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`a)E] All b)I:] Some * c)[___| None of:
`
`1.[:I Certified copies of the priority documents have been received.
`
`2.|:] Certified copies of the priority documents have been received in Application No. __
`
`3E] 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)[] Acknowledgment is made of a claim for domestic priority under 35 U.S.C. § 119(e) (to a provisional application).
`
`a) CI The translation of the foreign language provisional application has been received.
`15) Acknowledgment is made of a claim for domestic priority under 35 USC. §§ 120 and/or 121.
`Altachmenttsi
`
`4) D interview Summary (PTO-413) Paper No(s).
`Notice of References Cited (PTO-892)
`1)
`5) D Notice of Informal Patent Application (PTO-152)
`2) I___I Notice of Draftsperson’s Patent Drawing Review (PTO-948)
`5) I] Other:
`.
`3) D information Disclosure Staten-ient(s) (PTO-1449) Paper No(s)
`.
`U.S Patent and Trademark Office
`Part of Paper No. 17
`PTO-326 (Rev. 04-01)
`Office Action Summary
`
`
`I
`
`.
`
`

`
`Application/Control Number: 09/540,610
`Art Unit: 2815
`
`Page 2
`
`DETAILED ACTION
`
`Response to Amendment
`
`1.
`
`Applicant’s amendment filed on March 11, 2003 has been received and entered in the
`
`C358.
`
`Claim Rejections - 35 USC § 103
`
`2.
`
`The following is a quotation of 35 U.S.C. l03(a) which forms the basis for all
`
`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 I02 of this title, if the 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.
`
`3.
`
`Claims 25 and 27 ~ 39 are rejected under 35 UISIC4 103(a) as being unpatentable over
`
`Dennison et al. in View of Figura et al.
`
`Regarding claim 25, Dennison et al. discloses in column 3, line 35 the etch stop material
`
`(20) being silicon nitride.
`
`Regarding claim 27, Dennison et al. discloses in Fig. 2 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;
`
`

`
`Application/Control Number: 09/540,610
`Art Unit: 2815
`
`Page 3
`
`—
`
`—
`
`a contact region (the area of 34) in the first insulating layer;
`
`atleast 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).
`
`Dennison et al. does not disclose the etch stop material being a different material from the
`
`insulating spacer. However, Figura et al. discloses in Fig. 1 an etch stop material (column 4, lines
`
`51 and 52) being a different material from the insulating spacer (column 4, lines 1 1 and 12).
`
`Thus, it would have been obvious to one of ordinary skill in the art at the time when the 1
`
`invention was made to modify Dennison et al. by using different materials for the etch stop
`
`material and the insulating spacer as taught by Figura et al. The ordinary artisan would have been
`
`motivated to modify Dennison et al. in the manner described above for at least the purpose of
`
`minimizing current leakage and short circuits (column 2, lines 36 ~ 38).
`
`Regarding claim 28, Dennison et al. discloses in Fig. 2 the insulating spacer (18) having a
`
`substantially rectangular profile in the Contact region (see Fig. 2).
`
`Regarding claims 29 and 36, Dennison et al. discloses in Fig. 2 the insulating spacer (18)
`
`having a surface portion in the contact region without overlying etch stop material (see Fig. 2).
`
`Regarding claims 30 and 37, Dennison et al. discloses in Fig. 2 the insulating spacer (18)
`
`surface portion without overlying etch stop material comprising an insulating spacer surface
`
`portion most distant from the substrate (see Fig. 2).
`
`Regarding claim 31, Dennison et al. discloses in Fig. 2 the insulating spacer (18) having 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 4
`
`Regarding claims 32 and 38, Dennison et al. discloses in Fig. 2 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, Dennison et al. discloses in Fig. 2A a structure (10), further
`
`comprising a second conductive material (40) in the contact region (see Fig. 2A).
`
`Regarding claim 34, Dennison et al. discloses in Fig. 2 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 (theiarea 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 (see Fig. 2);
`
`an etch stop material (20) over the electrically insulative spacer and the first and
`
`second electrically conductive materials (see Fig. 2);
`
`a blanket layer (28) over the etch stop material; and
`
`an opening through a first part of the etch stop material to the first electrically
`
`conductive material (see Fig. 2).
`
`Dennison et al. does not disclose the etch stop material being a different material from the
`
`insulating spacer. However, Figura et al. discloses in Fig. 1 an etch stop material (column 4, lines
`
`51 and 52) being a different material from the insulating spacer (column 4, lines 11 and 12).
`
`Thus, it would have been obvious to one of ordinary skill in the art at the time when the
`
`

`
`Application/Control Number: 09/540,610
`Art Unit: 2815
`
`Page 5
`
`invention was made to modify Dennison et al. by using different materials for the etch stop
`
`material and the insulating "spacer as taught by Figura et al. The ordinary artisan would have been
`
`motivated to modify Dennison et al. in the manner described above for at least the purpose of
`
`minimizing current leakage and short circuits (column 2, lines 36 ~ 38).
`
`Regarding claim 35, Dennison et al. discloses in Fig. 2 the electrically insulative spacer
`
`(18) having a substantially rectangular cross-sectional shape in a plane that is substantially
`
`perpendicular to the substrate surface (see Fig. 2).
`
`4.
`
`Claim 26 is rejected under 35 U.S.C. l03(a) as being unpatentable over Dennison et al.
`
`and Figura et al. as applied to claim 27 above, and further in view of Gonzalez.
`
`Dennison et al. and Figura et al. disclose the claimed invention except the etch stop
`
`material being silicon dioxide. However, Gonzalez discloses an etch stop material being 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 further modify Dennison et 211. by using silicon dioxide for
`
`the etch stop material as taught by Gonzalez. The ordinary artisan would have been motivated to
`
`further modify Dennison etval. in the manner described above for at least the purpose of
`
`preventing diffusion of element between layers.
`
`Response to Arguments
`
`5.
`
`Applicant's arguments filed on March 1 1, 2003 have been fully considered but they are
`
`not persuasive.
`
`

`
`Application/Control Number: 09/540,610
`Art Unit: 2815
`
`Page 6
`
`On page 3, applicant argues “the spacers and caps of Dennison et al. are required to act as
`
`an etch-stop material; the only etch-stop material described in any of the references is silicon
`
`nitride
`
`If one were to substitute silicon oxide for the caps and spacers in Dennison eta1., then
`
`they would not act as an etch-stop material with respect to the overlying BPSG layer, and
`
`therefore such a substitution would destroy their function.” This argument is not persuasive.
`
`Yang, cited herein for evidence purpose, clearly discloses in Fig. 5 and column 6, lines 9 ~ ll
`
`the silicon oxide layer in Figura et al. does in fact act as an etch-stop material. Thus, the
`
`substitution does not destroy the function of the spacers in Dennison et al. Further, since
`
`examiner replaced the material of the caps (20) of Dennison et al. with silicon nitride which is an
`
`etch-stop material, the substitution does not destroy the functions of the caps in Dennison et al.
`
`Thus, changing the composition of the caps and spacers in Dennison et al. does not defeat their
`
`function.
`
`Further, applicant argues “there is no suggestion to replace the barrier layer 20 of
`
`Dennison et al. with a different material--nothing else is suggested in any of the references which
`
`would provide a barrier function other than silicon nitride.” This argument is not persuasive. As
`
`explained in the paragraph three of this Office action, since examiner replaced the material of the
`
`barrier layer 20 of Dennison et al. with silicon nitride of Figura et al. as same material as the
`
`barrier layer 20 of Dennison et al., the substitution would not destroy the barrier functions of the
`
`layer 20. Therefore, the combining the references does not defeat the purpose of Dennison et al.
`
`For the above reasons, the rejection is maintained.
`
`
`
`

`
`Application/Control Number: 09/540,610
`Art Unit: 2815
`
`Page 7
`
`Conclusion
`
`6.
`
`THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time
`
`policy as set forth in 37 CFR l.l36(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(3) 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 mailing
`
`date of this final action.
`
`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 (10:30 - 7:00).
`
`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.
`
`

`
`Application/Control Number: O9/540,610
`Art Unit: 2815
`
`V
`
`Page 8
`
`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.C.
`
`May 14, 2003
`
`Chris C. Chu
`Examiner
`A11 Unit 2315
`
`@ ’’
`
`ALLAN n.wILsoN
`PRIMARY Exmmen