STMicroelectronics S.r.l.

Patent Trials and Appeals Board

Jun 29, 2020

14028364 - (D) (P.T.A.B. Jun. 29, 2020)

UNITED STATES PATENT AND TRADEMARK OFFICE
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.
14/028,364 09/16/2013 Davide Giuseppe Patti 12CT0015US01/851863.452 6308
38106 7590 06/29/2020
Seed IP Law Group LLP/ST (EP ORIGINATING)
701 FIFTH AVENUE, SUITE 5400
SEATTLE, WA 98104-7092
EXAMINER
MIYOSHI, JESSE Y
ART UNIT PAPER NUMBER
2822
NOTIFICATION DATE DELIVERY MODE
06/29/2020 ELECTRONIC
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.
Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
following e-mail address(es):
USPTOeAction@SeedIP.com
pairlinkdktg@seedip.com
PTOL-90A (Rev. 04/07)
UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE THE PATENT TRIAL AND APPEAL BOARD
Ex parte DAVIDE GIUSEPPE PATTI, MONICA MICCICHÉ,
ANTONIO GIUSEPPE GRIMALDI, ANGELA LONGHITANO, and
SALVATORE LIOTTA
Appeal 2019-004759
Application 14/028,364
Technology Center 2800
Before BEVERLY A. FRANKLIN, LINDA M. GAUDETTE, and
MONTÉ T. SQUIRE, Administrative Patent Judges.
GAUDETTE, Administrative Patent Judge.
DECISION ON APPEAL1
The Appellant2 appeals under 35 U.S.C. § 134(a) from the Examiner’s
decision finally rejecting claims 8–18, 21, and 22 under 35 U.S.C. § 103(a)
over Takano (US 2004/0041207 A1, pub. March 4, 2004) in view of

1 This Decision includes citations to the following documents: Specification
filed September 16, 2013 (“Spec.”); Final Office Action dated June 11, 2018
(“Final”); Appeal Brief filed December 14, 2018 (“Appeal Br.”); Examiner’s
Answer dated March 28, 2019 (“Ans.”); and Reply Brief filed May 24, 2019
(“Reply Br.”).
2 We use the word Appellant to refer to “applicant” as defined in 37 C.F.R.
§ 1.42. The Appellant identifies the real party in interest as
STMicroelectronics S.r.1. Appeal Br. 2.
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Application 14/028,364

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Suekawa (US 2012/0132912 A1, pub. May 31, 2012) and Ohtomo (US
6,835,615 B2, iss. December 28, 2004).3
We AFFIRM.
CLAIMED SUBJECT MATTER
The invention “relates to vertical gate MOS field effect transistors.”
Spec. 1:5–6. The invention is illustrated in Figure 1, reproduced below

Figure 1 is a sectional view of an electronic device comprising transistor
100T and thermal diode 100D, integrated on chip 105. Spec. 4:7–9, 16.
Transistor 100T comprises drain region 125, N−-type drift region 110, P+-

3 We have jurisdiction under 35 U.S.C. § 6(b).
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type body region 115, N+-type source region 120, and gate region 130. Id. at
4:19–22, 25–26. Gate region 130 extends vertically through source region
120 and body region 115, and into drift region 110. Id. at 4:25–5:1.
Insulating layer 135 electrically insulates gate region 130 from chip 105. Id.
at 5:1–2. Insulating layer 135 also insulates thermal diode 100D’s anode
region A and cathode region K from chip 105. Id. at 5:4–8.
Claim 8, reproduced below, is illustrative of the claimed subject
matter:
8. An electronic device, comprising:
a semiconductor substrate;
a vertical trench MOS transistor in the semiconductor
substrate, the MOS transistor including:
a body region extending in the semiconductor
substrate from a main surface of the semiconductor substrate,
the body region having a first type of conductivity;
a source region extending in the body region from
the main surface, the source region having a second type of
conductivity;
a gate region of conductive material extending in
the semiconductor substrate from the main surface through the
body region;
a continuous insulating layer between the gate region and
the semiconductor substrate;
a thermal diode adjacent to the gate region, the thermal
diode including:
an anode region directly overlying the source
region, the anode region being spaced from the source region
by the continuous insulating layer, the continuous insulating
layer being in contact with the gate region and the anode
region, the continuous insulating layer being continuous
between the gate region and the anode region; and
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a cathode region directly overlying the source
region, the cathode region being spaced from the source region
by the continuous insulating layer; and
a dielectric layer separating the gate region from the
anode region of the thermal diode, a portion of the dielectric
layer being in contact with the gate region, the continuous
insulating layer, and the anode region of the thermal diode.
Appeal Br. 22 (Claims Appendix).
OPINION
The Examiner found that Takano discloses an electronic device
comprising “a semiconductor substrate” and “a vertical trench MOS
transistor” having the features recited in claim 8, as well as “a continuous
insulating layer between the [MOS transistor’s] gate region and the
semiconductor substrate” (claim 8). Final 7. The Examiner determined that
the ordinary artisan would have modified Takano’s device to include
Suekawa’s thermal diode and Ohtomo’s dielectric layer
to have the predictable result of being able to accurately
measuring temperature in [the] immediate vicinity of high
density current without interfering with normal operation which
would allow for prevention of device destruction due to high
heat . . . , and in order to have the predictable result of
passivating the upper surface of the device and protect the
device from processing conditions during electrode formation,
respectively.
Id. at 9–10. The Examiner determined that these modifications to Takano’s
device would have resulted in the claim 8 electronic device. See generally
id. at 7–10.
The Appellant contends the Examiner reversibly erred in determining
that the combination of Takano, Suekawa, and Ohtomo would have
suggested a device in which (1) the thermal diode anode and cathode regions
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directly overlie the source region, and (2) the continuous insulating layer is
in contact with, and continuous between, the gate region and the anode
region. Appeal Br. 15, 20; see supra claim 8 italicized language. The
Appellant’s arguments are not persuasive of reversible error for the reasons
explained in the Final Office Action and in the Answer. We add the
following to address the arguments made by the Appellant in the Reply
Brief.
Suekawa discloses MOSFET chip 100 comprising source electrode
101, gate pad 102, and temperature sensing diode 120 that detects chip
temperature. Suekawa ¶¶ 28, 73, Fig. 14. Temperature sensing diode 120
comprises anode electrode 121 disposed on p-type polysilicon
123 via barrier metal layer 9, and cathode electrode 122 disposed on n-type
polysilicon 124 via barrier metal layer 9. Id. ¶ 74, Fig. 15. Temperature
sensing diode 120 is disposed on silicon oxide film 11. Id. ¶ 74.
Takano discloses a trench gate type semiconductor device. Takano
Figure 2, reproduced below, illustrates “a power MOS transistor 100 in
accordance with one embodiment of the invention.” Takano ¶ 26.
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Takano Figure 2 is a cross-sectional view of power MOS transistor 100
comprising drain layer 1, n−-type layer 2, p-type layer layer 3, N+-type
source layer 4, and gate electrode 7. Takano ¶¶ 26–27. Gate electrode 7 is
formed in trench 5 that extends vertically through source layer 4 and p-type
base layer 3, and into n−-type layer 2. Id. ¶ 33. Insulator film 6 overlies
trench 5’s bottom surface and sidewall. Id. ¶ 35. “[G]roove 9 which reaches
p-base layer 3 from source layer 4 is formed in each unit cell region laterally
interposed between gate electrode 7.” Id. ¶ 30. The source electrode is buried
in groove 9 and, therefore, in contact with source layer 4 and base layer 3.
Id. Takano describes a fabrication process for MOS transistor 100 with
reference to Figures 3–12. Id. ¶ 32.
The Appellant argues that the Examiner failed to support a finding
that in a device resulting from the combination of Takano and Suekawa, the
thermal diode would directly overlie the source layer. Reply Br. 2. The
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Appellant reiterates the argument advanced in its Appeal Brief (see Reply
Br. 2) that if the ordinary artisan were to modify Takano’s device to include
Suekawa’s thermal diode 120, such person “would position the diode 120 of
Suekawa lateral to the transistor 100 of Takano” such that the thermal
diode’s anode and cathode regions would not directly overlie the source
region as required by claim 8, “because the only teaching in the three
references regarding the positioning of a thermal diode is Suekawa’s
teaching to position the diode 120 laterally to the source region 4” (Appeal
Br. 17). The Appellant further argues that Takano describes removing
portions of source layer 4 to form grooves and does not suggest any reason
to retain source layer 4 in any regions other than those shown in Takano
Figure 2. See Reply Br. 2.
The Appellant’s arguments are not persuasive of reversible error
because they are directed to Takano’s and Suekawa’s individual teachings,
and fail to identify error in the Examiner’s findings as to what the collective
teachings of the prior art would have suggested to one of ordinary skill in the
art. See Ans. 3–4; In re Young, 927 F.2d 588, 591 (Fed. Cir. 1991). In the
Final Office Action, the Examiner explained that addition of a thermal diode
to Takano’s device would occur during the method steps of modifying
Takano’s Figure 7 structure to achieve Takano’s Figure 8 structure. Final 8.
Takano Figure 7 illustrates the structure after deposition of insulator film 6,
followed by deposition of polysilicon layer 71 on source layer 4 so as to
completely bury trench 5 and make the structure’s top surface substantially
flat. Takano ¶ 35. Takano Figure 8 illustrates the structure after etching
polysilicon layer 71 to form gate electrode 7 having a T-shaped profile. Id.
¶ 36. The Examiner found that the ordinary artisan would have used a
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portion of polysilicon layer 71 deposited on source layer 4, as shown in
Takano Figure 7, to form a thermal diode as described in Suekawa. Final 8–
9; see also Suekawa ¶ 75 (stating that the thermal diode is formed in the
same process as source electrode 101 and gate pad 102). The Examiner
found that in the resultant structure, the thermal diode’s anode and cathode
regions would directly overlie the source region, and be spaced from the
source region by insulating film 6, i.e., a continuous insulating layer as claim
8 requires. Id. at 9. The Appellant has not persuasively explained why these
findings, as well as the Examiner’s findings as to why the ordinary artisan
would have modified Takano to include Suekawa’s thermal diode (see Final
9–10) are erroneous or unreasonable.
The Appellant argues that the Examiner failed to address sufficiently
the Appellant’s argument that Takano’s device, as modified to include
Suekawa’s thermal diode, would not function as intended absent major
redesign. Reply Br. 2. In the Appeal Brief, the Appellant argues that if one
of Takano’s unit cells were modified to retain dielectric layer 6 over the
entire surface for the purpose of incorporating a thermal diode as proposed
by the Examiner, that unit cell would no longer function as intended because
source electrode 11 would not contact base layer 3 and source layer 4.
Appeal Br. 21; see Takano Fig. 2, ¶ 30 (source electrode is buried in groove
9 and in contact with source layer 4 and base layer 3). The Examiner
responds that the benefit of being able to accurately determine the device’s
operating temperature would outweigh any drawbacks in eliminating one out
of hundreds of contact areas between source electrodes and source layer 4.
Ans. 4–5.
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We find the Examiner’s evidence and reasoning sufficient to support a
finding that the ordinary artisan would have modified a unit cell to
incorporate a thermal diode and would have had a reasonable expectation of
success in so doing. The burden, therefore, was properly shifted to the
Appellant to show the contrary. The Appellant has not met this burden
because the Appellant has not identified persuasive evidence to support its
arguments that Takano’s device would no longer function as intended or that
the ordinary artisan would have been dissuaded from making the proposed
modification to avoid losing the functionality of a unit cell as a vertical
transistor. See Reply Br. 3; In re Urbanski, 809 F.3d 1237, 1243 (Fed. Cir.
2016) (“In cases involving mechanical device or apparatus claims, we have
held that ‘[i]f references taken in combination would produce a “seemingly
inoperative device,” . . . such references teach away from the combination
and thus cannot serve as predicates for a prima facie case of obviousness.’”
(quoting McGinley v. Franklin Sports, Inc., 262 F.3d 1339, 1354 (Fed. Cir.
2001))).
In sum, for the reasons stated in the Final Office Action, the Answer,
and above, the Appellant’s arguments are not persuasive of reversible error
in the Examiner’s conclusion of obviousness.
DECISION SUMMARY
Claims
Rejected
35 U.S.C. § Reference(s)/Basis Affirmed Reversed
8–18, 21,
22
103(a) Takano, Suekawa,
Ohtomo
8–18, 21,
22

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TIME PERIOD FOR RESPONSE
No time period for taking any subsequent action in connection with
this appeal may be extended under 37 C.F.R. § 1.136(a).
AFFIRMED