Ex Parte Afentakis et al

Patent Trial and Appeal BoardJan 30, 2014

12099756 (P.T.A.B. Jan. 30, 2014)

UNITED STATES PATENT AND TRADEMARKOFFICE UNITED STATES DEPARTMENT OF COMMERCE United States Patent and Trademark Office Address: COMMISSIONER FOR PATENTS P.O. Box 1450 Alexandria, Virginia 22313-1450 www.uspto.gov APPLICATION NO. FILING DATE FIRST NAMED INVENTOR ATTORNEY DOCKET NO. CONFIRMATION NO. 12/099,756 04/08/2008 Themistokles Afentakis SLA2344 4760 55286 7590 01/30/2014 SHARP LABORATORIES OF AMERICA, INC. C/O LAW OFFICE OF GERALD MALISZEWSKI P.O. BOX 270829 SAN DIEGO, CA 92198-2829 EXAMINER ROMAN, ANGEL ART UNIT PAPER NUMBER 2812 MAIL DATE DELIVERY MODE 01/30/2014 PAPER Please find below and/or attached an Office communication concerning this application or proceeding. The time period for reply, if any, is set in the attached communication. PTOL-90A (Rev. 04/07) UNITED STATES PATENT AND TRADEMARK OFFICE ____________ BEFORE THE PATENT TRIAL AND APPEAL BOARD ____________ Ex parte THEMISTOKLES AFENTAKIS, ROBERT S. SPOSILI, and APOSTOLOS T. VOUTSAS ____________ Appeal 2011-011837 Application 12/099,756 Technology Center 2800 ____________ Before ROMULO H. DELMENDO, BEVERLY A. FRANKLIN, and MICHAEL P. COLAIANNI, Administrative Patent Judges. FRANKLIN, Administrative Patent Judge. DECISION ON APPEAL Appeal 2011-011837 Application 12/099,756 2 Appellants appeal under 35 U.S.C. § 134 from the Examiner’s rejection of claims 1, 3-14, and 27. We have jurisdiction under 35 U.S.C. § 6. STATEMENT OF THE CASE Claim 1 is representative of the subject matter on appeal and is set forth below: 1. A method for fabricating a transistor with oriented crystalline semiconductor stripes, the method comprising: providing a substrate; depositing a semiconductor layer overlying the substrate; irradiating the semiconductor layer using a scanning step- and-repeat laser annealing process; agglomerating portions of the semiconductor layer; and, in response to cooling agglomerated semiconductor material, forming a transistor active semiconductor region including a channel, a source, and a drain from a plurality of crystalline semiconductor stripes oriented along parallel axes. The prior art relied upon by the Examiner in rejecting the claims on appeal is: Nishitani et al. US 2004/0248386 A1 Dec. 9, 2004 Park et al. US 2005/0095822 A1 May 5, 2005 THE REJECTIONS 1. Claims 1, 3, 5-13, and 27 are rejected under 35 U.S.C. § 102(b) as being anticipated by Park. 2. Claims 4 and 14 are rejected under 35 U.S.C. § 103(a) as being unpatentable over Park in view of Nishitani. Appeal 2011-011837 Application 12/099,756 3 ANALYSIS As an initial matter, Appellants have not presented separate arguments for all of the rejected claims. Rather, Appellants’ arguments are principally directed to independent claims 1 and 27. Any claim not separately argued will stand or fall with the argued claims from which it depends. See 37 C.F.R. § 41.37(c)(1)(vii). We adopt the Examiner’s findings pertinent to the issues raised by Appellants. We therefore incorporate the Examiner’s position as set forth in the Answer. We add the following for emphasis only. Claim 1 Issue: Did the Examiner err in determining that Park anticipates the subject matter of claim 1, and in particular, the aspect of claim 1 pertaining to: forming a transistor active semiconductor region including a channel, a source, and a drain from a plurality of crystalline semiconductor stripes oriented along parallel axes? We answer this question in the negative and AFFIRM. It is Appellants position that although Park’s source and drain contact the stripes 204, they are not formed in the stripe-shaped thin films 204. Br. 7. Appellants also argue that Park does state that the channel is formed in the film stripes 204 (para. [0049] and [0051]), but never states that the stripes 204 include source and drain regions. Reply Br. 2. Appellants also state that Park’s figures do not show a source and drain region formed in the stripes 204. Id. On the other hand, it is the Examiner’s position that: Appeal 2011-011837 Application 12/099,756 4 [r]egions 304 and 305 are source and drain electrodes, not the source and drain regions as alleged by Appellants (see Park paragraph [0049]). In thin film transistors the source and drain electrodes are different regions having different operative function than the source and drain regions, the source and drain electrodes contact the source and drain regions and provide an electrical path from the source region to the drain region through the transistor channel region, while the source and rain regions define the channel length and provide conductive species to the channel region to form an operational device. See for example figure 11 in Nishitani et al. which illustrates a typical thin film transistor where the channel region 22 as well as source and drain regions 24, 17 are contained in the same layer 11 (paragraph [0151] ). Nishitani shows separate electrode structures 23a, 23b corresponding to electrodes 304, 305 of Park. Park's electrodes 304 and 305 are not the source and drains themselves, but the electrodes contacting the source and drain. Appellants have misinterpreted the source and drain electrodes in Park with the source and drain regions. Park clearly describes regions 304 and 305 as source and drain electrodes not source and drain regions. As it is known in the art source and drain electrodes contact the source and drain regions of a transistor therefore the source and drain regions in Park are formed in the stripes (204) since the source and drain electrodes contact the stripe patterns (204). Therefore Park discloses source and drain regions formed from crystalline semiconductor stripes (204) as claimed by Appellants. Ans. 13. Hence, it is disputed as to whether Park’s stripes 204 include source and drain regions. Paragraph [0049] of Park indicates that source/drain contact holes 302 and 303 are formed with source and drain electrodes 304, 305. Park’s Figure 8B illustrates these items. The implication is that, as explained by the Examiner, supra, electrodes 304, 305 contact source and drain regions in Appeal 2011-011837 Application 12/099,756 5 stripes 204 (the contact holes 302 and 303 allow contact between the source and drain regions and the source and drain electrodes 304, 305). Hence, we are not persuaded of error in the Examiner’s position and affirm the rejection of claim 1. Claim 27 With respect to claim 27, Appellants argue that Park does not disclose crystalline semiconductor stripes as being comprised of “a plurality of consecutive ring segments circumscribing the stripe axis” as recited in claim 27 for the reasons expressed on page 9 of the Brief. It is the Examiner’s position that in the embodiment disclosed in Figure 8D, Park discloses the channel region made of a plurality of stripe- shape single crystal patterns corresponding to patterns 204 (para. [0051]). The Examiner explains that Figure 8A shows that each pattern 204 is shaped like a ring segment and would circumscribe a stripe axis in a direction A. The Examiner states that the embodiment disclosed in Figure 8D shows plural patterns 204 forming the channel region therefore plural consecutive ring segments circumscribing a stripe axis are formed in Park as claimed by Appellants. Ans. 13. In reply, on page 2 of the Reply Brief, Appellants state: Park's Fig. 8D is a top-down plan view of a MOSFET showing a channel formed from a plurality of parallel stripes. Park states: App App show show para thin- cryst mad para issue eal 2011-0 lication 12 [0 its Si sin Clearly, as shown passage consecut Applican As stated s that eac s such a s Appellan graph [005 film 204 “ al Si thin- e to single graphs are Hence, w , and affir 11837 /099,756 051] Add channel m thin-films gle-crysta Park is de in Park's does not d ive ring se t's Fig. 2B , supra, it h pattern 2 hape. Park ts refer to 1], relied stated sup film 204 a -crystal Si part of Em e are in a m the reje itionally, F ade up of , each of w l Si thin-f scribing a Figs. 2D, escribe str gments, a . is the Exa 04 is shap ’s Figure Park’s Fig upon by th ra”, and th s set forth thin-film 2 bodiment greement w ction of cla 6 IG. 8D sh a plurality hich corr ilm 204 st plurality o 3A, and 5A ipes comp s recited in miner’s p ed like a r 8A is repr ures 2D, e Examine us refers t in paragra 04 shown 3 of Park ith the Ex im 27. ows an ex of stripe- esponds to ated supra f parallel s -5E. The rising a pl claim 27 osition tha ing segme oduced be 3A, and 5A r, refers to o the descr ph [0050] in Figure . See para aminer’s emplary T shaped sin the stripe . . . . tripes 204 above-qu urality of , and depic t Park’s Fi nt. Figure low: -5E. How single-cr iption of s wherein r 8A. Thes . [0047]. position o FT with gle-crysta -shaped [203] oted ted in gure 8A 8A clearly ever, ystal Si ingle- eference is e n this l Appeal 2011-011837 Application 12/099,756 7 In view of the above, we affirm Rejection 1. Because Appellants do not separately argue claims 4 and 14 which are the only rejected claims in Rejection 2, we also affirm Rejection 2. CONCLUSIONS OF LAW AND DECISION Each rejection is affirmed. No time period for taking any subsequent action in connection with this appeal may be extended under 37 C.F.R. § 1.136(a)(1). AFFIRMED bar