Prosecution Insights
Last updated: October 02, 2026
Application No. 17/646,977

SEMICONDUCTOR DEVICE AND METHOD FOR FABRICATING THE SAME

Final Rejection §103
Filed
Jan 04, 2022
Priority
Mar 29, 2021 — RE 10-2021-0040360 +1 more
Examiner
TRAN, TONY
Art Unit
2893
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Samsung Electronics Co., Ltd.
OA Round
8 (Final)
70%
Grant Probability
Favorable
9-10
OA Rounds
0m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 70% — above average
70%
Career Allowance Rate
619 granted / 878 resolved
+2.5% vs TC avg
Strong +34% interview lift
Without
With
+33.5%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
52 currently pending
Career history
924
Total Applications
across all art units

Statute-Specific Performance

§101
0.8%
-39.2% vs TC avg
§103
61.0%
+21.0% vs TC avg
§102
32.9%
-7.1% vs TC avg
§112
3.6%
-36.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 878 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 . Claim Rejections - 35 USC § 103 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. Claim(s) 1-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chen (Pub. No.: US 2021/0384074) in view of Parikh (Patent No.: US 10629484) filed in the IDS on 01/04/2022. Re claim 1, Chen, FIG. 19B teaches a semiconductor device, comprising: a first conductive lower wiring (left 214c, ¶ [0030]) disposed an insulating layer (212) at a first metal level and that extends in a first direction (along the bottom horizontal width of left 214c); an etch stop layer (226) disposed on (indirectly) the first conductive lower wiring (left 214c) and in contact with the upper surface of the insulating layer (212); PNG media_image1.png 581 1012 media_image1.png Greyscale a first upper wiring structure connected to the first conductive lower wiring and that includes a first conductive upper wiring ([FCUW], FIG. 19B [as shown above]) and a first conductive upper via [FCUV], wherein the first conductive upper wiring (left 234) is disposed at a second metal level higher than the first metal level and extends in a second direction different from the first direction; and a conductive insertion pattern (left 214p, [0030]) disposed between the first conductive lower wiring (left 214c) and the first upper wiring structure ([FCUW]+FCUV]) and connected to the first conductive upper via [FCUV], wherein the first conductive upper via [FCUV] is disposed between the first conductive upper wiring [FCUW] and the conductive insertion pattern (left 214p); wherein the first conductive upper wiring (left [234+238]) and the conductive insertion pattern (left 214p) are spaced vertically apart by a thickness of the first conductive upper via ([vertical thickness of [FCUV]), wherein the conductive insertion pattern (left 214p) includes an upper surface and a bottom surface opposed in a third direction intersecting the first direction (directly along the bottom surface of 212) and the second direction (indirectly along top surface of 212), wherein the bottom surface of the conductive insertion pattern (left 214p) is in contact with an upper surface of the first conductive lower wiring (left 214c), wherein the etch stop layer (226) includes an upper surface and a bottom surface opposed in the third direction, wherein the bottom surface of the etch stop layer (226) is in direct contact with the upper surface of the insulating layer (212), wherein an upper surface of the conductive insertion pattern (left 214p) is in direct contact with a bottom surface of the first conductive upper via [FCUV], wherein the first conductive upper wiring (MIDDLE [234+238}, FIG. 19B [as shown above]) does not contact the upper surface of the conductive insertion pattern (left 214p), wherein the upper surface of the conductive insertion pattern (left 214p) has a first width in the first direction, wherein the bottom surface of the first conductive upper via [FCUV] has a second width (left 238) in the first direction that is less than the first width (because of 234), wherein a sidewall of the conductive insertion pattern (214p) connecting the upper surface (240) of the conductive insertion pattern and the bottom surface of the conductive insertion pattern is in contact (indirectly) with the etch stop layer (226), PNG media_image2.png 571 1045 media_image2.png Greyscale wherein the conductive insertion pattern has a single layer structure [CInP], FIG. 19B [as shown above]; and wherein the etch stop layer (226) is spaced apart (because of the barrier layer 234) from and is not in contact with the first conductive upper via ([FCUV], note that the first conductive upper via is now without 234) in a cross-section in a plane of the first direction and the third direction. Chen fails to teach wherein a height from the upper surface of the first conductive lower wiring to the upper surface of the conductive insertion pattern is greater than a height from the upper surface of the first conductive lower wiring to the upper surface of the etch stop layer; and wherein the bottom surface of the conductive insertion pattern and the bottom surface of the etch stop layer are coplanar with each other. PNG media_image3.png 570 798 media_image3.png Greyscale Parikh teaches wherein a height from the upper surface of the first conductive lower wiring (left/middle 106) to the upper surface of the conductive insertion pattern (120+125) is greater than a height from the upper surface of the first conductive lower wiring (left/middle 106) to the upper surface of the etch stop layer (112/114); and wherein the bottom surface of the conductive insertion pattern (120, FIG. 11A [as shown above]) and the bottom surface of the etch stop layer (112/114) are coplanar [CoP] with each other. It would have been obvious for a person of ordinary skill in the art before the effective filing date of the claim invention to include the above said teaching for the purpose of decreasing via resistance and reducing the potential to short to the wrong metal line as taught by Parikh, Abstract. Re claim 2, in the combination, Chen, FIG. 19B teaches the semiconductor device of claim 1, wherein the upper surface of the conductive insertion pattern has a third width in the second direction (214p), and the bottom surface of the first conductive upper via has a fourth width (238) in the second direction that is less than the third width. Re claim 3, in the combination, Chen, FIG. 19B teaches the semiconductor device of claim 1, wherein the upper surface of the conductive insertion pattern (214p) and the bottom surface of the first conductive upper via (238) each have a third width in the second direction. Re claim 4, in the combination, Chen, FIG. 19B teaches the semiconductor device of claim 1, wherein the conductive insertion pattern (left 214p) is in contact with the first conductive lower wiring (left 214c). Re claim 5, in the combination, Parikh, FIG. 11A teaches the semiconductor device of claim 1, wherein a thickness of the conductive insertion pattern (bottom-most of 120) is less than a thickness of the first conductive lower wiring (106) and a thickness of the first conductive upper wiring (upper 130+128). Re claim 6, in the combination, Chen, FIG. 19B teaches the semiconductor device of claim 1, further comprising wherein a thickness of the conductive insertion pattern (vertical thickness of (214p)) is greater than a thickness of the etch stop layer (vertical thickness of 226). Re claim 7, in the combination, Chen, FIG. 19B teaches the semiconductor device of claim 1, further comprising: a second conductive lower wiring (right 214c) disposed at the first metal level and that extends in the first direction; and a second upper wiring structure (right [238+234+214p]) connected to the second conductive lower wiring and that includes a second conductive upper wiring (right 234) and a second conductive upper via (right [238+214]), wherein the second conductive upper wiring (right 234) extends in the second direction at the second metal level, and the second conductive upper via (right [238+214p]) is directly connected to the second conductive lower wiring (right 214c). Claim(s) 1-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Parikh in view of Chen. Re claim 1, Parikh, FIG. 11A teaches a semiconductor device, comprising: a first conductive lower wiring (far left 106, col. 7, lines 25-32) disposed in an insulating layer (104) at a first metal level and that extends in a first direction (along the top horizontal width of 106, FIG. 11A); an etch stop layer (112/114) disposed on the first conductive lower wiring (left/middle 106) and in contact with the upper surface of the insulating layer (104); PNG media_image4.png 200 400 media_image4.png Greyscale a first upper wiring structure connected to the first conductive lower wiring and that includes a first conductive upper wiring ([FCUW], FIG. 11B [as shown below]) and a first conductive upper via [FCV], wherein the first conductive upper wiring is disposed at a second metal level higher than the first metal level and extends in a second direction (vertical) different from the first direction; and a conductive insertion pattern (120) disposed between the first conductive lower wiring (106) and the first upper wiring structure [FCUW] and connected to the first conductive upper via [FCV], wherein the first conductive upper via [FCV] is disposed between the first conductive upper wiring [FCUW] and the conductive insertion pattern (left 120), PNG media_image5.png 569 553 media_image5.png Greyscale wherein the first conductive upper wiring [FCUW] and the conductive insertion pattern (120) are spaced vertically apart by a thickness of the first conductive upper via ([TofFCUV], FIG. 11B [as shown above]), wherein the conductive insertion pattern (120+125) includes an upper surface and a bottom surface opposed in a third direction intersecting the first direction (directly along the top surface of 104) and the second direction (indirectly along bottom surface of 104), wherein the bottom surface of the conductive insertion pattern (120) is in contact with an upper surface of the first conductive lower wiring (left/middle 106), wherein the etch stop layer (112/114) includes an upper surface and a bottom surface opposed in the third direction, wherein the bottom surface of the etch stop layer (112/114) is in direct contact with the upper surface of the insulating layer (104), wherein the bottom surface of the conductive insertion pattern (120/125, FIG. 11A [as shown above]) and the bottom surface of the etch stop layer (112/114) are coplanar [CoP] with each other, wherein a height from the upper surface of the first conductive lower wiring (left/middle 106) to the upper surface of the conductive insertion pattern (120) is greater than a height from the upper surface of the first conductive lower wiring (left/middle 106) to the upper surface of the etch stop layer (112/114), wherein the upper surface of the conductive insertion pattern (left 120+128) is in direct contact with a bottom surface of the first conductive upper via [FCV], wherein the upper surface of the conductive insertion pattern (upper width of 120+125) has a first width in the first direction, wherein the bottom surface of the first conductive upper via (130) has a second width (lower width) in the first direction that is less than the first width (width of 120+125), wherein a sidewall of the conductive insertion pattern (120) connecting the upper surface of the conductive insertion pattern and the bottom surface of the conductive insertion pattern is in contact (directly) with the etch stop layer (112/114), wherein the conductive insertion pattern has a single layer structure (120). Parikh fails to teach wherein the first conductive upper wiring does not contact the upper surface of the conductive insertion pattern; and wherein the etch stop layer is spaced apart from and is not in contact with the first conductive upper via in a cross-section in a plane of the first direction and the third direction. Chen teaches wherein the first conductive upper wiring (MIDDLE 234, FIG. 19B [as shown above]) does not contact the upper surface of the conductive insertion pattern (left 214p), and wherein the etch stop layer (226) is spaced apart (because of the barrier layer 234) from and is not in contact with the first conductive upper via ([FCUV], note that the first conductive upper via is now without 234) in a cross-section in a plane of the first direction and the third direction. It would have been obvious for a person of ordinary skill in the art before the effective filing date of the claim invention to include the above said teaching for the purpose of decreasing the contact resistance as taught by Chen, [0002]. Re claim 2, in the combination, Chen, FIG. 19B teaches the semiconductor device of claim 1, wherein the upper surface of the conductive insertion pattern has a third width in the second direction (214p), and the bottom surface of the first conductive upper via has a fourth width (238) in the second direction that is less than the third width. Re claim 3, in the combination, Chen, FIG. 19B teaches the semiconductor device of claim 1, wherein the upper surface of the conductive insertion pattern (214p) and the bottom surface of the first conductive upper via (238) each have a third width in the second direction. Re claim 4, in the combination, Parikh, FIG. 11A teaches the semiconductor device of claim 1, wherein the conductive insertion pattern (120) is in contact with the first conductive lower wiring (106). Re claim 5, in the combination, Parikh, FIG. 11A teaches the semiconductor device of claim 1, wherein a thickness of the conductive insertion pattern (bottom-most of 120) is less than a thickness of the first conductive lower wiring (106) and a thickness of the first conductive upper wiring (upper 130+128). Re claim 6, Parikh, FIG. 11A teaches the semiconductor device of claim 1, further comprising wherein a thickness of the conductive insertion pattern (vertical thickness 120) is greater than a thickness of the etch stop layer (vertical thickness of 114). Re claim 7, Parikh, FIG. 11A teaches the semiconductor device of claim 1, further comprising: a second conductive lower wiring (far right 106) disposed at the first metal level and that extends in the first direction; and a second upper wiring structure (132/128/134) connected to the second conductive lower wiring and that includes a second conductive upper wiring (right 128) and a second conductive upper via (132/134), wherein the second conductive upper wiring (128) extends in the second direction at the second metal level, and the second conductive upper via (132/134) is directly connected to the second conductive lower wiring (106). Response to Arguments Applicant's arguments filed 08/07/2026 have been fully considered but they are not persuasive because: PNG media_image2.png 571 1045 media_image2.png Greyscale wherein the etch stop layer (226) is spaced apart (because of the barrier layer 234) from and is not in contact with the first conductive upper via ([FCUV], note that the first conductive upper via is now WITHOUT 234) in a cross-section in a plane of the first direction and the third direction. For the above reasons, it is believed that the rejections should be sustained. Conclusion Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 TONY TRAN whose telephone number is (571)270-1749. The examiner can normally be reached Monday-Friday, 8AM-5PM, EST. 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, Britt Hanley can be reached on 571-270-3042. 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. /TONY TRAN/Primary Examiner, Art Unit 2893
Read full office action

Prosecution Timeline

Show 26 earlier events
Apr 07, 2026
Response after Non-Final Action
Apr 24, 2026
Non-Final Rejection mailed — §103
Jun 05, 2026
Interview Requested
Jun 23, 2026
Examiner Interview Summary
Jun 23, 2026
Applicant Interview (Telephonic)
Jul 15, 2026
Response Filed
Aug 18, 2026
Final Rejection mailed — §103
Aug 27, 2026
Interview Requested

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12751270
Diffusion Barrier for Semiconductor Device and Method
4y 2m to grant Granted Sep 29, 2026
Patent 12751265
VERTICAL SEMICONDUCTOR DEVICES
3y 10m to grant Granted Sep 29, 2026
Patent 12745406
Integrated transformer
2y 9m to grant Granted Sep 22, 2026
Patent 12740463
HYBRID ORGANIC AND NON-ORGANIC INTERPOSER WITH EMBEDDED COMPONENT IN MOLDING STRUCTURE AND METHODS FOR FORMING THE SAME
4y 4m to grant Granted Sep 15, 2026
Patent 12733469
GATE CONTACT STRUCTURE
3y 1m to grant Granted Sep 08, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

Strategy Recommendation AI-generated — please review before filing

Get a prosecution strategy drawn from examiner precedents, rejection analysis, and claim mapping.
Typically takes 5-10 seconds — AI-generated, attorney review required before filing

Prosecution Projections

9-10
Expected OA Rounds
70%
Grant Probability
99%
With Interview (+33.5%)
2y 9m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 878 resolved cases by this examiner. Grant probability derived from career allowance rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month