Application No.
`
`091540.610
`' Examine,
`
`AppIicant(s)
`
`NULTY ET AL.
`
`Chris O. Chu
`
`Notice of Allowability
`
`- The MAILING DATE of this communication appears on the cover sheet with the correspondence address»
`All claims being allowable. PROSECUTION ON THE MERITS IS (OR REMAINS) CLOSED in this application.
`If not included
`herewith (or previously mailed), a Notice olfi Allowance (PTOL-85) or other appropriate communication will be mailed in due course. THIS
`NOTICE OF ALLOWABILITY IS NOT A GRANT OF PATENT RIGHTS. This 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.
`
`1. E This communication is responsive to 2/20/04.
`
`2. IX The allowed cIaim(s) is/are 25 - 27, 29, 30, 32-34 and 3§-39.
`
`3. CI The drawings filed on
`
`are accepted by the Examiner.
`
`4. E] Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`a) D All
`b) E] Some‘
`:3) E] None
`of the:
`1. U Certified copies of the priority documents have been received.
`2. CI Certified copies of the priority documents have been received in Application No. __
`3. Cl 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. E] A SUBSTITUTE OATH OR DECLARATION must be submitted. Note the attached EXAMINER'S AMENDMENT or NOTICE OF
`INFORMAL PATENT APPLICATION (PTO-152) which gives reason(s) why the oath or declaration is deficient.
`
`_
`6. E CORRECTED DRAWINGS (as "replacement sheets‘) must be submitted.
`(a) E including changes required by the Notice of Draflsperson's Patent Drawing Review ( PTO-948) attached
`1) E] hereto or 2)
`to Paper No./Mail Date 1.
`including changes required by the attached Examiner's Amendment I Comment or in the Office action of
`Paper No.lMail Date ;2_.
`Identifying lndlcia 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).
`
`(b)
`
`7. E] 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.
`
`Attachmentls)
`1. El Notice of References Cited (PTO-892)
`2. El Notice of Draftpersons Patent Drawing Review (PTO—946)
`
`3. E] Information Disclosure Statements (PTO—1449 or PTOISBIOB),
`Paper No./Mail Date
`4. [I Examiner's Comment Regarding Requirement for Deposit
`of Biological Material
`
`5. El Notice of Informal Patent Application (PTO-152)
`6. I] Interview Summary (PTO-413),
`Paper No./Mail Date
`.
`7. E Examiner's Amendment/Comment
`
`8. E Examiner's Statement of Reasons for Allowance
`9. C] Other
`.
`
`U.S. Patent and Traderrerk Oltice
`PTOL-37 (Rev. 1-04)
`
`Notice of Allowabliity
`
`Part of Paper No.IMail Date 22
`
`INTEL 1024
`
`

`
`
`
`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.l2l(d) and formal drawings for the figures. Applicant is advised to employ the
`
`services of a competent patent drafisperson 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 an 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 followyil
`
`In claim 27, line 11, afier “substrate surface,” insert: -- that is either a right angle
`
`or an acute angle--.
`
`

`
`Application/Control Number: 09/540,610
`Art Unit: 2815
`
`Page 3
`
`In claim 34, at the last line, after “substrate surface,” insert: -- that is either a right
`
`angle or an acute angle--.
`
`REASONS FOR ALLO WANCE
`
`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.
`
`

`
`Application/Control Number: O9/540,610
`Art Unit: 2815
`
`Page 4
`
`lnfonnation 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).
`
`(5.0.
`4/7/04 5:41:46 PM
`
`Chris C. Chu
`Examiner
`Art Unit 2815
`
`o'HA{It.E‘V BAUMEISTER
`PRIMARY EXAMINER
`
`

`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Oifce
`Addreu: COMMISSIONER FOR PATENTS
`P.0. Box I450
`Alexandria, Virginia 22] IJ-I050
`www.uspIa_gav
`
`NOTICE OF ALLOWANCE AND FEE(S) DUE
`
`00000000
`7500
`20003
`SONNENSCHEIN NATH & ROSENTHAL LLP
`P.0. BOX 061080
`WACKER DRIVE STATION, SEARS TOWER
`CHICAGO, IL 60606-1080
`
`CHU.CHR|SC
`
`2sI5
`DATE MAILED: 04/20/2004
`
`03/3 I/2000
`G9/540,6l0
`TITLE OF INVENTION: STRUCTURE HAVING REDUCED LAT
`
`James E. Nully
`/'"
`AL SPACER EROSION
`
`l6820.P097
`
`,
`
`2l7l
`
`nonprovisional
`
`SMALL ENTITY
`NO
`
`ISSUE FEE
`$1330
`
`PUBLICATION FEE
`5300
`
`TOTAL FEE(S) DUE
`5 I 630
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`DATE DUE
`07/20/1004
`
`THE APPLICATION IDENTIFIED ABOVE HAS BEEN EXAMINED AND IS ALLOWED FOR ISSUANCE AS A PATENT.
`PB! fig‘; UTIQIS 9_I‘_I IIIIE M.ERI.T§ I5 . THIS NOTICE OF ALLOWANCE IS NOT A GRANT OF PATENT RIGHTS.
`THIS APPLICATION IS SUBJECT TO WITHDRAWAL FROMIISSUE 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 IHREE MQNIHS FROM THE
`MAILING DATE OF THIS NOTICE OR THIS APPLICATION SHALL BE REGARDED AS ABANDONED.
`Ifljfi
`SlA_'fl,L'LO_BX LERELQ QAENQI BL . 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
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`PTOL-85 (Rev.
`'
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`
`Page I of}
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`

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`PART B — FEE(S) TRANSMITTAL
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`Complete and send this form, together with applicable fee(s), to: M_a_i_l Mail Stop ISSUE FEE
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`CURRENT CORRESPONDENCE ADDR|1SStNoIe: Legihly markvup with any cunueiiunsm use Block I)
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`04/20/2004
`7590
`26263
`SONNENSCHEIN NATH & ROSENTHAL LLP
`'
`'
`P O Box 061080
`WACKER DRIVE STATION, SEARS TOWER
`CHICAGO IL 6O606_] 080
`
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`ave its own certificate ofmailing or transmission.
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`t
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`t
`t
`t
`t
`ta
`that this;-‘ee(s Transmittal iri_be'i_ng dei'posited‘|\\_'ith the Unliied
`lshereb cerltif
`8
`;.iii'iree5sse‘IiS to ti°.§"i5i°aii'si§§ i's°§ii'e"3izEg§u3ies's"a§o"v5es. "iii" iiéina" itiivsiiiilii
`transmitted to the USPTO, on the date indicated below.
`
`
`
`(Dale)
`
`ATTORNEY DOCKET NO.
`l6820.P09')
`
`CONFIRMATION N0.
`2l7l
`
`
`
`FIRST NAMED INVENTOR
`FILING DATE
`APPLICATION NO.
`James E. Nuliy
`03/3|/2000
`09/540,6“)
`TITLE OF INVENTION: STRUCTURE HAVING REDUCED LATERAL SPACER EROSION
`
`nnnprovisional
`
`NO
`
`$1330
`
`EUEEEEEW FEE
`3300
`
`TOW EEE<E> DUE
`$l63O
`
`WE DUE
`07/20/2004
`
`CHU.CHRl5C
`
`2l3l5
`
`257474000
`
`
`
`
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`l. Chan e ofcorrespoiidencc address or indication of "Fee Address" (37
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`names of up to 3 registered patent attorneys or
`1
`2. For printing on the patent front page, list (l) the
`CFR I‘ 63)‘
`agents OR, alternatively, (2) the name of a single
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`Cl Change ofcorrc¥Jondence address (or Change ofCorrespondence
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`PLEASE NOTE: Unless an assignee is identified below. no assignee data will appear on the_ patent. inclusion of assignee data is onl
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`(B) RESIDENCE: (C1TY and STATE OR COUNTRY)
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