UNITED STATES PATENT AND TRADEMARK OFFICE
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`DEPAWIWIENT OF COMMERCE
`UNITED STAT
`United State: Ffitont and Trademark Offlnu
`Addx-nu: coM:M1s_a1oNER OF PATENTS AND TRADEMARKS
`Wanhingwn, no. 20231
`www.\nIm¢.gov
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`APPLICATION NO.
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`FILING DATE
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`FIRST NAMED INVENTOR
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`ATTORNEY I OCKET NO.
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`CONFIRMATION NO.
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`09/540,610
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`03/31/2000
`09fI l/2002
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`7590
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`Blakely Sokoloff Taylor & Zafman
`12400 Wilshire Boulevard
`Seventh Floor
`Los Angeles, CA 90025
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`James E. Nulty
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`I6820.P097
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`2l7I
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`EXAMINER
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`CHU’ CHRIS C
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`2315
`DATE MAILED: 09/I I/2002
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`I .
`$
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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. 07-01)
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`INTEL 1115
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`Office Action Summary
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` Application No. . pplicantls)
`09/540.610
`NULTY ET AL.
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`Examiner
`Art Unit
`2815
`Chris C. Chu
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`-- 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 1 MONTH(S) FROM
`THE MAILING DATE OF THIS COMMUNICATION.
`In no event. however. may a reply be timety filed
`Extensions of time may be available under the provisions ot 37 CFR 1.136(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 statutory minimum of thirty (30) days will be considered timely.
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`it No period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHS from the mailing date of this communication.
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`- 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 it timely filed, may reduce any
`earned patent term adjustment. See 37 CFR 1.704(b).
`Status
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`1) Responsive to communication(s) filed on 20 May 2002 .
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`2a)El This action is FINAL.
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`2b)lZ This action is non-final.
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`3)l]
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`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. 11, 453 O.G. 213.
`Disposition of Claims
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`4) Claim(s) _2§-_.3‘9is/are pending in the application.
`4a) Of the above claimls) __ is/are withdrawn from consideration.
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`5)l:l Claim(s) __ islare allowed.
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`6) Claim(s) 2_5;39 islare rejected.
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`7)l:I Claim(s) __ is/are objected to.
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`8)|:] Claim(s)
`Application Papers
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`are subject to restriction andlor election requirement.
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`9)l:] The specification is objected to by the Examiner.
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`10)l:l The drawing(s) filed on ____ is/are: a)l:l accepted or b)D objected to by the Examiner,
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
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`11)l:] The proposed drawing correction filed on __ is: a)l:] approved b)D 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)l:l Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`a)|:] All b)l:] Some ' c)l:I' None of:
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`1.[:j Certified copies of the priority documents have been received.
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`2.l:] Certified copies of the priority documents have been received in Application No. __
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`3.C| 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.
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`14)[j 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 U.S.C. §§ 120 and/or 121.
`Attachment(s)
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`4) D Interview Summary (PTO-413) Paper No(s).
`5) El Notice of Informal Patentfitpplication (PTO-152)
`6) Cl Other:
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`1) E Notice of References Cited (PTO—a92)
`2) E] Notice of Draftsparson's Patent Drawing Review (PTO-948)
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`3) E] lnfomtalion Disclosure Statement(s) (PTO-1449) Paper No(s)
`USA Patent and Trademark Office
`PTO-325 (Rev. 04-01)
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`Office Action Summary
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`Part of Paper No. 13
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`A--...-..m.«.-:‘
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`I Application/Control Number: 09/540,610
`Art Unit: 2815
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`Page 2
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`DETAILED ACTION
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`Response to Amendment
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`1.
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`Applicant’s amendment filed on May 20, 2002 has been received and entered in this
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`office action.
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`Claim Rejections — 35 USC § 103
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`2.
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`The following is a quotation of 35 U.S.C. 103(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 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.i Patentability shall not be negatived by the
`manner in which the invention was made.
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`3.
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`Claims 25 and 27 ~ 39 are rejected under 35 U.S.C. 103(a) as being unpatentable over
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`' Dennison et al. in view of Figura et al.
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`Regarding claim 25, Dennison et al. discloses in column 3, line 35 the etch stop material
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`(20) being silicon nitride.
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`Regarding claim 27, Dennison et al. discloses in Fig. 2 a structure (10), comprising:
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`a conductive layer (12 and column 3, lines 29 ~ 33) disposed over a substrate;
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`a first insulating layer (18) on the conductive layer;
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`a Contact region (the area of 34) in the first insulating layer;
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`TM”,
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`' Application/Control Number: 09/540,610
`Art Unit: 2815
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`Page 3
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`at least one insulating spacer (18) in the contact region adjacent to the first insulating
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`layer (see Fig. 2); and
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`an etch stop material (20 and column 3, line 35) over the first insulating layer and
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`adjacent to the insulating spacer (see Fig. 2).
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`Dennison et al. does not disclose the etch stop material being a different material from the
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`insulating spacer. However, Figura et al. discloses in Fig. 1 an etch stop material (column 4, lines
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`51 and 52) being a different material from the insulating spacer (column 4, lines 11 and 12).
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`Thus, it would have been obvious to one of ordinary skill in the art at the time when the
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`invention was made to modify Dennison et al. by using different materials for the etch stop
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`material and the insulating spacer as taught by Figura et al. The ordinary artisan would have been
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`motivated to modify Dennison et al. in the manner described above for at least the purpose of
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`minimizing current leakage and short circuits (column 2, lines 36 ~ 38).
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`Regarding claim 28, Dennison et al. discloses in Fig. 2 the insulating spacer (18) having a
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`substantially rectangular profile in the contact region (see Fig. 2).
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`Regarding claims 29 and 36, Dennison et al. discloses in Fig. 2 the insulating spacer (18)
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`having a surface portion in the contact region without overlying etch stop material (see Fig. 2).
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`Regarding claims 30 and 37, Dennison et al. discloses in Fig. 2 the insulating spacer (18)
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`surface portion without overlying etch stop material comprising an insulating spacer surface
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`portion most distant from the substrate (see Fig. 2).
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`Regarding claim 31, Dennison et al. discloses in Fig. 2 the insulating spacer (18) having a
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`surface portion in the contact region without overlying etch stop material (see Fig. 2).
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`i Application/Control Number: O9/540,610
`Art Unit: 2815
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`Page 4
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`Regarding claims 32 and 38, Dennison et al. discloses in Fig. 2 a structure (10), further
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`comprising a second insulating layer (28) on the etch stop layer and over the conductive layer
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`(see Fig. 2).
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`Regarding claims 33 and 39, Dennison et al. discloses in Fig. 2A a structure (10), further
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`comprising a second conductive material (40) in the contact region (see Fig. 2A).
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`Regarding claim 34, Dennison et al. discloses in Fig. 2 a structure, comprising the step
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`of:
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`a first electrically conductive material (24) formed in and/or on a surface of a
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`substrate;
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`a contact opening (the area of 34) in a region adjacent to a second electrically
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`conductive material (the area of 40 in Fig. 2A) formed on the substrate;
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`an electrically insulative spacer (18) in the contact opening adjacent to the second
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`electrically conductive material (see Fig. 2);
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`an etch stop material (20) over the electrically insulative spacer and the first and
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`second electrically conductive materials (see Fig. 2);
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`a blanket layer (28) over the etch stop material; and
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`an opening through a first part of the etch stop material to the first electrically
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`conductive material (see Fig. 2).
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`Dennison et al. does not disclose the etch stop material being a different material from the
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`insulating spacer. However, Figura et al. discloses in Fig. 1 an etch stop material (column 4, lines
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`51 and 52) being a different material from the insulating spacer (column 4, lines 11 and 12).
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`‘ Thus, it would have been obvious to one of ordinaryiskill in the art at the time when the
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`‘ Application/Control Number: 09/540,610
`Art Unit: 2815
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`Page 5
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`invention was made to modify Dennison et al. by using different materials for the etch stop
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`material and the insulating spacer as taught by Figura et al. The ordinary artisan would have been
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`motivated to modify Dennison et al. in the manner described above for at least the purpose of
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`minimizing current leakage and short circuits (column 2, lines 36 ~ 38).
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`Regarding claim 35, Dennison et al. discloses in Fig. 2 the electrically insulative spacer
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`(18) having a substantially rectangular cross-sectional shape in a plane that is substantially
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`perpendicular to the substrate surface (see Fig. 2).
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`4.
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`Claim 26 is rejected under 35 U.S.C. 103(a) as being unpatentable over Dennison et al.
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`and Figura et al. as applied to claim 27 above, and further in view of Gonzalez.
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`Dennison et al. and Figura et al. disclose the claimed invention except the etch stop
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`material being silicon dioxide. However, Gonzalez discloses an etch stop material being silicon
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`dioxide (31 in Fig. 18). Thus, it would have been obvious to one of ordinary skill in the art at the
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`time when the invention was made to further modify Dennison et al. by using silicon dioxide for
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`the etch stop material as taught by Gonzalez. The ordinary artisan would have been motivated to
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`further 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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`5.
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`Applicant's arguments with respect to claims 25 ~ 27 and 34 have been considered but
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`are moot in view of the new ground(s) of rejection.
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`Application/Control Number: 09/540,610
`Art Unit: 2815
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`Page 6
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`Conclusion
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`6.
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`The prior art made of record and not relied upon is considered pertinent to applicant's
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`disclosure.
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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. The
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`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 the
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`organization where this application or proceeding is assigned are (703) 308-7382 for regular
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`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 proceeding
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`should be directed to the receptionist whose telephone number is (703) 308-0956.
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`c.c.
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`August 14, 2002
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`Chris C. Chu
`Examiner
`Art Unit 2815
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`/
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`GEORGE c. EcKEfiT 1!
`i‘*A"!'l-i-';!\i'l' $.EmM!NEP!
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