Prosecution Insights
Last updated: July 17, 2026
Application No. 17/547,745

OXIDE AND CARBON LAYERS AT A SURFACE OF A SUBSTRATE FOR HYBRID BONDING

Non-Final OA §103
Filed
Dec 10, 2021
Examiner
TAN, DAVE
Art Unit
2897
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Intel Corporation
OA Round
3 (Non-Final)
92%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 92% — above average
92%
Career Allowance Rate
12 granted / 13 resolved
+24.3% vs TC avg
Moderate +9% lift
Without
With
+9.1%
Interview Lift
resolved cases with interview
Typical timeline
3y 3m
Avg Prosecution
20 currently pending
Career history
40
Total Applications
across all art units

Statute-Specific Performance

§103
93.2%
+53.2% vs TC avg
§102
5.5%
-34.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 13 resolved cases

Office Action

§103
Notice of Pre-AIA or AIA Status The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Response to Amendments Acknowledgment is made of the amendment filed 02/03/2023 in which: claims 1-8, 13-19, and 21 are amended; claims 11 and 12 are cancelled; no new claims are added; and the rejection of the claims are traversed. Claims 1-9 and 13-20 are currently pending an Office action on the merits as follows. Response to Arguments Applicant’s arguments with respect to claims 1 and 14 have been fully considered but are moot in view of the new grounds of rejection. Claim Rejections - 35 USC § 103 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action: A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made. Claims 1-3, 5, 7-10, 13-15, and 18-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hashiguchi, US 20220216246, hereafter ‘Hashiguchi’. Regarding claim 1, Hashiguchi disclose : An apparatus comprising :a first substrate having a first side and a second side opposite the first side(Fig. 1, first substrate to include #1-1 and #2-1), the first substrate including :a first layer of the first substrate at the first side of the first substrate(#1-1 is a part of a first substrate), wherein the first layer includes oxide (#1-1 may include oxide [0010]);a second layer of the first substrate below and in contact with the first layer of the first substrate(#2-1 a part of a first substrate), wherein the second layer includes carbon(#2-1 may include carbon [0010]) ; and a first plurality of metal contacts extending from the first side of the first substrate toward the second side of the first substrate(#13-1 shown to extend from one end of the upper substrate to the other end), wherein the first plurality of metal contacts are surrounded by the first layer and the second layer (#1-1 and #2-1 shown to surround #13-1),a second substrate having a first side and a second side opposite the first side(Bottom substrate to include #1-2 and #2-2), the second substrate including :a first layer of the second substrate at the first side of the second substrate(second substrate to include #1-2) ,wherein the first layer of the second substrate includes oxide(#1-2 to include oxide [0010]) a second layer of the second substrate below and in contact with the first layer of the second substrate(#2-2 in contact with #1-2), wherein the second layer of the second substrate includes carbon(#2-2 to include carbon [0010]) and a second plurality of metal contacts extending from the first side of the second substrate toward the second side of the second substrate(#13-2 extends from one end of bottom substrate to the other end), wherein the second plurality of metal contacts are surrounded by the first layer and the second layer(#13-2 surrounded by #1-2 and #2-2) and wherein individual ones of the first plurality of metal contacts of the first substrate are directly physically and electrically coupled with corresponding individual ones the second plurality of metal contacts of the second substrate(Contacts of first and second substrate shown to be in contact and electrically connected [0009]). Hashiguchi does not disclose : and wherein a center of each of the individual ones of the first plurality of metal contacts of the first substrate is laterally offset from a center of each one of the corresponding individual ones the second plurality of metal contacts of the second substrate along a vertical axis. However, in another embodiment, Hashiguchi teaches : and wherein a center of each of the individual ones of the first plurality of metal contacts of the first substrate is laterally offset from a center of each one of the corresponding individual ones the second plurality of metal contacts of the second substrate along a vertical axis(Fig. 13a and 13b, #13-1 misaligned with #13-2. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to apply the teachings of different embodiments of Hashiguchi to include the misalignment of contacts when joining substrates using hybrid bonding [0083, 0345]). Regarding claim 2, Hashiguchi discloses : The apparatus of claim 1, wherein a density of carbon atoms in the first layer of each of the first substrate and the second substrate is less than a density of carbon atoms in the second layer of each of the first substrate and the second substrate(Fig. 1b carbon concentration decreases towards #P1 and #P2 [0010, 0098]). Regarding claim 3, Hashiguchi discloses : The apparatus of claim 1, wherein the first layer of each of the first substrate and the second substrate includes silicon and oxygen(#1-1 and #1-2 may include Si and O atoms[0010]), and wherein the second layer each of the first substrate and the second substrate includes silicon and carbon(#2-1 and 2-2 may include SiOC [0010]). Regarding claim 5, Hashiguchi discloses : The apparatus of claim 3, wherein the second layer of each of the first substrate and the second substrate includes a selected one more of oxygen or nitrogen(#2-1 and #2-2 may include SiOC[0010]). Regarding claim 7, Hashiguchi discloses : The apparatus of claim 1, further comprising a third layer below and in contact with the second layer of the first substrate(Fig. 1a, #3-1 below #2-1), wherein the third layer is a dielectric(#3-1 is a SiN layer). Regarding claim 8, Hashiguchi discloses : The apparatus of claim 1, further comprising a plurality of barriers, respectively, between the first plurality of metal contacts and the first substrate(Fig. 1a, #14-1 and #14-2 shown to surround #13-1 and #13-2 [0087]). Regarding claim 9, Hashiguchi discloses : The apparatus of claim 8, wherein the plurality of barriers include a layer of tantalum(#14-1 and #14-2 may include Ta[0087]). Regarding claim 10, Hashiguchi discloses : The apparatus of claim 1, wherein the apparatus is a selected one of: a portion of a wafer or a portion of a die(Fig. 1a, #100-1 is a substrate of a solid-state imaging device[0094]). Regarding claim 13, Hashiguchi discloses : The apparatus of claim 1,wherein a portion of the first plurality of metal contacts of the first substrate are in direct physical contact with the first layer or the second layer of the second substrate(Fig. 13a and Fig. 13b, #13-2 in contact with #1-1 [0340-0344]). Regarding claim 14, Hashiguchi discloses : An apparatus comprising: a first substrate having a first side and a second side opposite the first side(Fig. 1a, first substrate to include #1-1 and #2-1), the first substrate including :a layer of the first substrate at the first side of the first substrate(#1-1), wherein the layer includes a higher density of carbon atoms near to the first side of the first substrate and a lower density of carbon atoms away from the first side of the first substrate(Carbon atoms decrease toward joint surface of #1-1 [0010]; and a first plurality of metal contacts extending from the first side of the first substrate toward the second side of the first substrate(#13-1 extends throughout upper substrate), wherein the first plurality of metal contacts are surrounded by the layer of the first substrate(#1-1 surrounds #13-1); and a second substrate having a first side and a second side opposite the first side(Second substrate to include #1-2 and #2-2), the second substrate including: a layer of the second substrate at the first side of the second substrate(#1-2), wherein the layer includes a higher density of carbon atoms near to the first side of the second substrate and a lower density of carbon atoms away from the first side of the second substrate(Carbon atoms decrease toward joint surface of #1-2 [0010]; and a second plurality of metal contacts extending from the first side of the second substrate toward the second side of the second substrate(#13-2 extends throughout bottom substrate), wherein the second plurality of metal contacts are surrounded by the layer of the second substrate(#1-2 surround #13-2), wherein individual ones of the first plurality of metal contacts of the first substrate are directly physically and electrically coupled with corresponding individual ones the second plurality of metal contacts of the second substrate(Contacts of first and second substrate shown to be in contact and electrically connected [0009]. Hashiguchi does not disclose : and wherein a center of each of the individual ones of the first plurality of metal contacts of the first substrate is laterally offset from a center of each one of the corresponding individual ones the second plurality of metal contacts of the second substrate along a vertical axis. However, in another embodiment, Hashiguchi teaches : and wherein a center of each of the individual ones of the first plurality of metal contacts of the first substrate is laterally offset from a center of each one of the corresponding individual ones the second plurality of metal contacts of the second substrate along a vertical axis.(Fig. 13a and 13b, #13-1 misaligned with #13-2. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to include the misalignment of contacts when joining substrates using hybrid bonding [0083, 0345]). Regarding claim 15, Hashiguchi discloses : The apparatus of claim 14, wherein the layer of each of the first substrate and the second substrate includes one or more of: silicon, oxygen, nitrogen, and carbon(#1-1 and #1-2 may include Si o and C[0010]). Regarding claim 18, Hashiguchi discloses : The apparatus of claim 14, further comprising another layer below and in contact with the layer of the first substrate(Fig. 1a, #2-2 below and in contact with #1-2), wherein the other layer includes a dielectric(#2-2 may include a low-k material[0082]). Regarding claim 19, Hashiguchi discloses : The apparatus of claim 14, further comprising a plurality of barriers that include tantalum(#14-1 include Ta [0087]), respectively, between the first plurality of metal contacts and the first substrate(Fig. 1a, #14-1 shown to surround #13-1). Regarding claim 20, Hashiguchi discloses : The apparatus of claim 14, wherein the apparatus is a selected one of: a portion of a wafer or a portion of a die(Fig. 1a, #100-1 is a substrate of a solid-state imaging device[0094]). Claims 4, 6, 16, and 17 is/are rejected under 35 U.S.C. 103 as being anticipated by Hashiguchi, US 20220216246, hereafter ‘ Hashiguchi’ in view of Said et al, US 20210028136, hereafter ‘Said’. Regarding claim 4, Hashiguchi discloses : The apparatus of claim 3. Hashiguchi does not disclose : wherein the first layer of each of the first substrate and the second substrate ranges in thickness from 1 nm to 50 nm However, in the same field of endeavor Said teaches : wherein the first layer of each of the first substrate and the second substrate ranges in thickness from 1 nm to 50 nm(#972 may include silicon oxide and may range from 50nm to 6000nm, although lesser and greater thicknesses can also be employed[0133]). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to apply the teachings of Said to Hashiguchi to have a layer that includes silicon and oxygen to have a thickness that ranges 1nm to 50nm. Regarding claim 6, Hashiguchi discloses : The apparatus of claim 1. Hashiguchi does not disclose : wherein the first plurality of metal contacts and the second plurality of metal contacts include copper. However, in the same field of endeavor Said teaches : wherein the plurality of metal contacts include copper(#988 may be copper [0087]). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to apply the teachings of Said to Hashiguchi to have metal contacts that include copper because it common in the art. Regarding claim 16, Hashiguchi discloses : The apparatus of claim 14. Hashiguchi does not disclose The apparatus of claim 14, wherein the layer of each of the first substrate and the second substrate ranges in thickness from 1 nm to 50 nm However, in the same field of endeavor, Said teaches : The apparatus of claim 14, wherein the layer of each of the first substrate and the second substrate ranges in thickness from 1 nm to 50 nm (#992 may consist of carbon and have a thickness of 0.3nm to 3nm[0089-0090]). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to apply the teachings of Said to Hashiguchi to have a carbon layer with a thickness from 1nm to 50nm. Regarding claim 17, Hashiguchi discloses : The apparatus of claim 14. Hashiguchi does not disclose : wherein the first plurality of metal contacts and the second plurality of metal contacts include copper. However, in the same field of endeavor, Said teaches : wherein the first plurality of metal contacts and the second plurality of metal contacts include copper. (#988 may be copper [0087]). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to apply the teachings of Said to Hashiguchi to have metal contacts that include copper because it common in the art. Conclusion THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(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 nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) 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 DAVE TAN whose telephone number is (571)272-6841. The examiner can normally be reached M-F: 8-4 PST. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, CHAD DICKE can be reached at (571) 270-7996. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /D.T./Examiner, Art Unit 2897 /CHAD M DICKE/Supervisory Patent Examiner, Art Unit 2897
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Prosecution Timeline

Dec 10, 2021
Application Filed
Oct 25, 2022
Response after Non-Final Action
Jun 02, 2025
Non-Final Rejection mailed — §103
Sep 02, 2025
Response Filed
Nov 05, 2025
Non-Final Rejection mailed — §103
Feb 03, 2026
Response Filed
Apr 15, 2026
Final Rejection mailed — §103
Jun 11, 2026
Response after Non-Final Action

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Prosecution Projections

3-4
Expected OA Rounds
92%
Grant Probability
99%
With Interview (+9.1%)
3y 3m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 13 resolved cases by this examiner. Grant probability derived from career allowance rate.

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