Prosecution Insights
Last updated: April 19, 2026
Application No. 17/648,431

Atomic Layer Etching to Reduce Pattern Loading in High-K Dielectric Layer

Non-Final OA §103
Filed
Jan 20, 2022
Examiner
STEVENSON, ANDRE C
Art Unit
2899
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Taiwan Semiconductor Manufacturing Co., Ltd.
OA Round
4 (Non-Final)
90%
Grant Probability
Favorable
4-5
OA Rounds
2y 5m
To Grant
96%
With Interview

Examiner Intelligence

Grants 90% — above average
90%
Career Allow Rate
764 granted / 852 resolved
+21.7% vs TC avg
Moderate +7% lift
Without
With
+6.8%
Interview Lift
resolved cases with interview
Typical timeline
2y 5m
Avg Prosecution
43 currently pending
Career history
895
Total Applications
across all art units

Statute-Specific Performance

§101
0.3%
-39.7% vs TC avg
§103
57.8%
+17.8% vs TC avg
§102
26.8%
-13.2% vs TC avg
§112
8.7%
-31.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 852 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 . Specification The specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification. Response to Arguments Applicant's arguments filed 12/11/25 have been fully considered but they are not persuasive. Applicant argues, Examiner asserted that nowhere in the disclosure or drawings show "the differences are between the thicknesses." Applicant respectfully disagrees. Since the thicknesses T1, T2, T1A, and T2A are shown, it shows that the claimed differences are between the thicknesses. In addition, Figure 19 clearly illustrates the changes of the thicknesses and the change of the difference in thicknesses. The Examiner has considered the Applicant’s argument but respectfully disagrees for the following reasons; The present claimed invention is directed to a method of forming a trench in a base structure. The Examiner takes the position that nowhere in the claim language of claim #1 is there shown, demonstrated or given reference to, how the claimed method is dependent, changed or developed by the amount chosen to etch. Therefore the amount chosen to be etched is being determined by the design choice of the device/structure; thus, it has not be shown to be critical to the method steps. If the Applicant believes that the amount of etch materials gives characterization the method of performing task, it is requested by the Examiner that this be clearly shown. The Examiner notes that the present application shows in paragraph 0030, that a high-k dielectric layer 256 may be about 0.8 Å/cycle, and the deposition rate of high-k dielectric layer 156 may be about 0.72 Å/cycle. After 20 cycles, the thickness T2 may be 16 A, and thickness T1 may be 15 Å, and the loading is 1 Å. The Examiner further notes that the claim language is directed to first, second, third and fourth portion that results from a etch-back process. The Examiner further notes that nowhere in the present specification is the first, second, third and fourth portion final thickness shown; only that an etching process is done. Also, the Examiner notes that nowhere has it been shown/demonstrate that a novel etching process has been used to produce the desired final thicknesses. If in fact the Applicant is attempting to claim a method of arriving at a specific amount or range of deposited material dependent on the number of cycles, the Examiner would request that this step (or number of steps) be may clear within the claim language. The Examiner notes that the claimed method of “a first portion extending into the first trench, wherein the first portion has a first thickness; and a second portion extending into the second trench, wherein the second portion has a second thickness greater than the first thickness by a first difference” shows no method that would depart from the method taught by Song (2021/0358924). Therefore, the Examiner maintains the position explained in the previous Non-Final rejection (and will be repeated in the present action). Applicant argues,” Applicant respectfully requests Examiner to provide where in paragraph [0026] of Chang the claim element "atomic layer etching" is disclosed, and where the claim element "thin down the first high-k dielectric layer" is disclosed, or withdraw the rejections. Applicant’s arguments, as shown above filed 12/11/25 with respect to the rejection(s) of claim(s) #16 under 102(a)(2) have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Lilak et al., 2020/0403033 (which has already been establish in the previous rejection and repeated in this rejection as teaching an ALE process on a dielectric area). 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. The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. Claim #1, 2, 6 are rejected under 35 U.S.C. 103 as being unpatentable over Song (U.S. Pub. No, 2021/0358924), hereinafter referred to as "Song" as shown in the rejection of claim #1 above and in view of Kim et al., (U.S. Pub. No. 2021/0328030), hereinafter referred to as "Kim". Song shows, with respect to claim #1, a method comprising: forming a first trench (Below, fig. #Ex1, item W1) and a second trench (fig. #Ex1, item W2) in a base structure (Below, fig. #Ex1, item BS1) (paragraph 0044), wherein the first trench has a first aspect ratio [W1/(t1 +t5)], and the second trench has a second aspect ratio [W2/(t2 +t6)] lower than the first aspect ratio (paragraph 0084); performing a deposition process to deposit a layer (Below, fig. #Ex1, item 130) comprising (paragraph 0045): a first portion (Below, fig. #Ex1, item a) extending into the first trench, wherein the first portion has a first thickness (Below, fig. #Ex1, item t2) (paragraph 0087); and a second portion (Below, fig. #Ex1, item t1) (paragraph 0113) extending into the second trench, wherein the second portion (Below, fig. #Ex1, item b) has a second thickness (fig. #Ex1, item t1) greater than the first thickness (Below, fig. #Ex1, item t2) by a first difference (Below, fig. #Ex1, t1-t2) (paragraph 0133). [AltContent: textbox (T2)][AltContent: textbox (T1)][AltContent: textbox (Base Structure; BS1)][AltContent: ][AltContent: connector][AltContent: connector][AltContent: connector][AltContent: textbox (Ex1)] PNG media_image1.png 595 604 media_image1.png Greyscale Song substantially shows the claimed invention as shown in the rejection of claim #1 above. Song fails to show, with respect to claim #1, a method comprising performing an etch-back process to etch the layer, wherein after the etch-back process, the first portion has a third thickness, and the second portion has a fourth thickness, and wherein a second difference between the third thickness and the fourth thickness is smaller than the first difference. Kim teaches, with respect to claim #1, a method comprising performing an etch-back process to etch the layer, wherein after the etch-back process, the first portion has a third thickness, and the second portion has a fourth thickness, and wherein a second difference between the third thickness and the fourth thickness is smaller than the first difference (fig. #17) (paragraph 0137). The Examiner notes that Kim does not explicitly state that a first portion has a third thickness, and the second portion has a fourth thickness, and wherein a second difference between the third thickness and the fourth thickness is smaller than the first difference, as stated in the claim #1 language. However, the Examiner notes the following; Nowhere in the present specification or the present drawings has it been clearly shown where 1st, 2nd, 3rd or 4th thicknesses are specifically located or how a specific location would be critical to the method claimed in the present claimed invention. Nowhere in the present specification or the present drawings has it been clearly shown what the differences are between the thicknesses or how a specific thicknesses would be critical to the method claimed in the present claimed invention; i.e. and not just a chosen amount to stop the processing method. Furthermore, the applicant has not established the critical nature of a first portion having a third thickness, and a second portion has a fourth thickness, and wherein a second difference between the third thickness and the fourth thickness is smaller than the first difference, with respect to the method of operation; i.e. these only represent choices of stopping points that have not been shown or demonstrated to be germane to the method. “The law is replete with cases in which the difference between the claimed invention and the prior art is some range or other variable within the claims. In such a situation, the applicant must show that the particular range is critical, generally by showing that the claimed range achieves unexpected results relative to the prior art range.” In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir.1990). To establish unexpected results over a claimed range, applicants should compare a sufficient number of tests inside and outside the claimed range to show criticality of the claimed range. In re Hill, 284 F.2d 955, 128 USPQ 197(CCPA 1960). Therefore, it would have been obvious to one having ordinary skill in the art at the time the invention was made to have various ranges. It would have been obvious to one having ordinary skill in the art at the time the invention was made, with respect to claim #1, to modified the invention of Song as modified by the invention of, which teaches a method comprising performing an etch-back process to etch the layer, wherein after the etch-back process, the first portion has a third thickness, and the second portion has a fourth thickness, and wherein a second difference between the third thickness and the fourth thickness is smaller than the first difference, to incorporate a structure as to have high selectivity to other surrounding materials such that the desired voids between conductive material layers may be defined without damaging the surrounding structure, as taught by Kim. Song shows, with respect to claim #2, a method further comprising forming additional features (Above, fig. #Ex1 item 120) over the first portion and the second portion of the layer, wherein at a time the additional features are formed, the fourth thickness (Above, fig. #Ex1, t1+t5) is equal to the third thickness (Above, fig. #Ex1, t2+t6) (paragraph 0045). Song fails to show, with respect to claim #6, a method wherein a method further comprising forming the base structure comprising: forming a first dummy gate stack and a second dummy gate stack on a first semiconductor region and a second semiconductor region, respectively; forming first gate spacers and second gate spacers on opposing sides of the first dummy gate stack and the second dummy gate stack; and removing the first dummy gate stack and the second dummy gate stack to form the first trench between the first gate spacers and the second trench between the second gate spacers. Kim shows, with respect to claim #6, a method further comprising forming the base structure comprising: forming a first dummy gate stack (fig. #13, item 161) and a second dummy gate stack (fig. #13, item 162) on a first semiconductor region (fig. #13, item I) and a second semiconductor region (fig. #13, item II), respectively (paragraph 0127); forming first gate spacers (fig. #13, item 111) and second gate spacers (fig. #13, item 121) on opposing sides of the first dummy gate stack (fig. #13, item 161) and the second dummy gate stack (fig. #13, item 162) (paragraph 0127); and removing the first dummy gate stack and the second dummy gate stack to form the first trench (fig. #15, item GT1) between the first gate spacers and the second trench (fig. #15, item GT2) between the second gate spacers (paragraph 0034, 0039, 0055-0056). It would have been obvious to one having ordinary skill in the art at the time the invention was made, with respect to claim #6, to modified the invention of Song as modified by the invention of Kim, which teaches a method wherein a method further comprising forming the base structure comprising: forming a first dummy gate stack and a second dummy gate stack on a first semiconductor region and a second semiconductor region, respectively; forming first gate spacers and second gate spacers on opposing sides of the first dummy gate stack and the second dummy gate stack; and removing the first dummy gate stack and the second dummy gate stack to form the first trench between the first gate spacers and the second trench between the second gate spacers, to incorporate a structural configuration wherein additional components could be further layered, as taught by Kim. // Claim #3-5, 7 are rejected under 35 U.S.C. 103 as being unpatentable over Song (U.S. Pub. No, 2021/0358924), hereinafter referred to as "Song" as modified by Kim et al., (U.S. Pub. No. 2021/0328030), hereinafter referred to as "Kim", as shown in the rejection of claim #1 above and in further view of Lilak et al., (U.S. Pub. No. 2020/0403033), hereinafter referred to as "Lilak". Song as modified by Kim substantially shows the claimed invention as shown in the rejection of claim #1 above. Song as modified by Kim, fail to show, with respect to claim #3, a method wherein the etch-back process is performed through an atomic layer etching process. Lilak teaches, with respect to claim #3, a method wherein the etch-back process is performed through an atomic layer etching process (paragraph 0064). It would have been obvious to one having ordinary skill in the art at the time the invention was made, with respect to claim #3, to modified the invention of Song as modified by Kim, with the modification so the invention of Lilak, which teaches a method wherein the etch-back process is performed through an atomic layer etching process, to incorporate a structure with high selectivity, as compared to other surrounding materials such that the desired voids between conductive material layers may be defined/removed without damaging the surrounding structure, as taught by Lilak. Song as modified by Kim, fail to show, with respect to claim #4, a method wherein the layer comprises a high-k dielectric layer, and the etch-back process comprises a fluorination cycle followed by a ligand exchange cycle. Lilak teaches, with respect to claim #4, a method wherein the layer comprises a high-k dielectric layer, and the etch-back process comprises a fluorination cycle followed by a ligand exchange cycle (paragraph 0032). It would have been obvious to one having ordinary skill in the art at the time the invention was made, with respect to claim #4, to modified the invention of Song as modified by Kim , with the modification of the invention of Lilak, which teaches a method wherein the layer comprises a high-k dielectric layer, and the etch-back process comprises a fluorination cycle followed by a ligand exchange cycle, to incorporate a structure material to improve device performance, as taught by Lilak. Song as modified by Kim and Lilak substantially shows the claimed invention as shown in the rejection of claim #4 above. Song as modified by Kim, fail to show, with respect to claim #5, a method wherein the layer comprises hafnium oxide, and the etch-back process is performed through atomic layer etching using SF4 and TiCl4 as process gases. Lilac teaches, with respect to claim #5, a method wherein the layer comprises hafnium oxide, and the etch-back process is performed through atomic layer etching using SF4 and TiCl4 as process gases (paragraph 0063-0064). It would have been obvious to one having ordinary skill in the art at the time the invention was made, with respect to claim #5, to modified the invention of Song as modified by Kim , with the modification of the invention of Lilac, which teaches a method wherein the layer comprises hafnium oxide, and the etch-back process is performed through atomic layer etching using SF4 and TiCl4 as process gases, to incorporate a structure with high selectivity to other surrounding materials such that the desired voids between conductive material layers may be defined without damaging the surrounding structure, as taught by Lilak. Song as modified by Kim, fail to show, with respect to claim #7, a method wherein the deposition process is performed through Atomic-Layer Deposition (ALD). Lilak teaches, with respect to claim #7, a method wherein the deposition process is performed through Atomic-Layer Deposition (ALD) (paragraph 0052, 0067). It would have been obvious to one having ordinary skill in the art at the time the invention was made, with respect to claim #7, to modified the invention of Song as modified by Kim, with the modification of the invention of Lilak, which teaches a method wherein the deposition process is performed through Atomic-Layer Deposition (ALD), to incorporate a structural condition that would have enhanced isolation properties with minimal voids, as taught by Lilak. // Claim #8, 9, 12-13 are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al., (U.S. Pub. No. 2021/0328030), hereinafter referred to as "Kim" and in view of Shroff et al., (U.S. Pub. No. 2012/0267758), hereinafter referred to as "Shroff". Kim shows, with respect to claim #8, a method comprising: forming a first dummy gate stack (fig. #13, item 161) and a second dummy gate stack (fig. #13, item 162) on a first semiconductor region (fig. #13, item I) and a second semiconductor region (fig. #13, item II), respectively (paragraph 0127); forming first gate spacers (fig. #13, item 111) and second gate spacers (fig. #13, item 121) on opposing sides of the first dummy gate stack and the second dummy gate stack (paragraph 0033-0034, 0053-0054); removing the first dummy gate stack and the second dummy gate stack to form a first trench (fig. #15, item GT1) between the first gate spacers and a second trench (fig. #15, item GT2) between the second gate spacers (paragraph 0034, 0039, 0055-0056); depositing a first dielectric layer (fig. #16, item 112) extending into the first trench (paragraph 0037); depositing a second dielectric layer (fig. #16, item 122) extending into the second trench (paragraph 0053); and performing an etch-back process to simultaneously etch-back the first dielectric layer and the second dielectric layer and to reduce a thickness difference between the first dielectric layer and the second dielectric layer (fig. #17, item 112 and 122) (paragraph 0137-0138). Kim substantially shows the claimed invention as shown in the rejection of claim #8 above. Kim fails to show, with respect to claim #8, a method wherein performing an etch-back process to simultaneously etch-back the first dielectric layer and the second dielectric layer and to reduce a thickness difference between a first bottom portion of the first dielectric layer and a second bottom portion of the second dielectric layer, wherein the first bottom portion and the second bottom portion are at bottoms of the first trench and the second trench, respectively. Shroff teaches, with respect to claim #8, a method wherein performing an etch-back process to simultaneously etch-back the first dielectric layer (trench #1, item 108) and the second dielectric layer (fig. #13, trench #110 & 112, item 108) (paragraph 0030, 0045, 0047) and to reduce a thickness difference between a first bottom portion of the first dielectric layer and a second bottom portion of the second dielectric layer, wherein the first bottom portion and the second bottom portion are at bottoms of the first trench and the second trench, respectively (paragraph 0045, 0047) . It would have been obvious to one having ordinary skill in the art at the time the invention was made, with respect to claim #8, to modified the invention of Kim with the modification of the invention of Shroff, which teaches a method wherein performing an etch-back process to simultaneously etch-back the first dielectric layer and the second dielectric layer and to reduce a thickness difference between a first bottom portion of the first dielectric layer and a second bottom portion of the second dielectric layer, wherein the first bottom portion and the second bottom portion are at bottoms of the first trench and the second trench, respectively, to incorporate a structural condition that would provide the required decoupling capacitance at the bottom of the trench while the thickness of the sidewall dielectric layer is sufficient to electrically isolate the decoupling trench capacitor from adjacent active device operation, as taught by Shroff. Kim shows, with respect to claim #9, a method wherein the first dielectric layer and the second dielectric layer are deposited in a common deposition process (paragraph 0137-0138). Kim shows, with respect to claim #12, a method wherein the depositing the first dielectric layer (fig. #3, item 112) and the depositing the second dielectric layer (fig. #3, item 122) comprise depositing high-k dielectric layers (paragraph 0037). Kim shows, with respect to claim #13, a method wherein the depositing the first dielectric layer and the depositing the second dielectric layer comprise depositing a hafnium oxide layer (paragraph 0037). // Claim #10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al., (U.S. Pub. No. 2021/0328030), hereinafter referred to as "Kim", as shown in the rejection of claim #9 above and in view of Lilak et al., (U.S. Pub. No. 2020/0403033), hereinafter referred to as "Lilak". Kim substantially shows the claimed invention as shown in the rejection of claim #9 above. Kim shows, with respect to claim #10, a method and wherein a first thickness of the first dielectric layer (fig. #16, item 112) at a first bottom of the first trench is smaller than a second thickness of the second dielectric layer (fig. #16, item 122) at a second bottom of the second trench, and after the etch-back process, the first dielectric layer and the second dielectric layer has a substantially same thickness (fig. #16, item 112 and 122) (paragraph 0130). Kim fails to show, with respect to claim #10, a method wherein the etch-back process is performed through an atomic layer etching process. Lilak teaches, with respect to claim #10, a method wherein the first dielectric layer and the second dielectric layer are deposited in an atomic layer deposition process (paragraph 0064). It would have been obvious to one having ordinary skill in the art at the time the invention was made, with respect to claim #10, to modified the invention of Song, with the modification so the invention of Lilak, which teaches a method wherein the first dielectric layer and the second dielectric layer are deposited in an atomic layer deposition process, to incorporate a structure with high selectivity, as compared to other surrounding materials such that the desired voids between conductive material layers may be defined/removed without damaging the surrounding structure, as taught by Lilak. /// Claim #14, 15 are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al., (U.S. Pub. No. 2021/0328030), hereinafter referred to as "Kim", as shown in the rejection of claim #13 above and in view of Lilak et al., (U.S. Pub. No. 2020/0403033), hereinafter referred to as "Lilak". Kim substantially shows the claimed invention as shown in the rejection of claim #13 above. Kim fails to show, with respect to claim #14, a method wherein the etch-back process is performed through an atomic layer etching process. Lilak teaches, with respect to claim #14, a method wherein the first dielectric layer and the second dielectric layer are deposited in an atomic layer deposition process (paragraph 0064). It would have been obvious to one having ordinary skill in the art at the time the invention was made, with respect to claim #14, to modified the invention of Kim, with the modification so the invention of Lilak, which teaches a method wherein the first dielectric layer and the second dielectric layer are deposited in an atomic layer deposition process, to incorporate a structure with high selectivity, as compared to other surrounding materials such that the desired voids between conductive material layers may be defined/removed without damaging the surrounding structure, as taught by Lilak. Kim substantially shows the claimed invention as shown in the rejection of claim #14 above. Kim fails to show, with respect to claim #15, a method wherein the atomic layer etching process comprises a fluorination reaction and a ligand exchange reaction. Lilak teaches, with respect to claim #15, a method wherein the atomic layer etching process comprises a fluorination reaction and a ligand exchange reaction (ALE) (paragraph 0064). It would have been obvious to one having ordinary skill in the art at the time the invention was made, with respect to claim #15, to modified the invention of Kim, with the modification so the invention of Lilak, which teaches a method wherein the atomic layer etching process comprises a fluorination reaction and a ligand exchange reaction, to incorporate a structure with high selectivity, as compared to other surrounding materials such that the desired voids between conductive material layers may be defined/removed without damaging the surrounding structure, as taught by Lilak. ///// Claim #16-18 are rejected under 35 U.S.C. 103 as being unpatentable over Chang et al., (U.S. Pub. No. 2020/0020785), hereinafter referred to as "Chang" and in view of Lilac et al., (U.S. Pub. No. 2020/0403033), hereinafter referred to as "Lilac". Chang shows, with respect to claim #16, method comprising: forming a first dummy gate stack (fig. #3, item 30) on a first portion of a first protruding semiconductor fin (fig. #3, item 30) (paragraph 0015); removing a second portion of the first protruding semiconductor fin to form a recess (paragraph 0017); forming an epitaxy region from the recess (paragraph 0018); forming a contact etch stop layer (fig. #6, item 46) and an inter-layer dielectric on the epitaxy region; removing the first dummy gate stack to form a first trench, wherein the first portion of the first protruding semiconductor fin is exposed (paragraph 0011, 0040); forming an interlayer dielectric (fig. #6, item 48) on the first portion of the first protruding semiconductor fin (paragraph 0021); depositing a first high-k dielectric layer extending into the first trench (paragraph 0026). Chang substantially shows the claimed invention as shown in the rejection shown above. Chang fails to show, with respect to claim #16, a method wherein performing an etch-back process using atomic layer etching to thin down the first high-k dielectric layer. Lilac teaches, with respect to claim #16, a method wherein performing an etch-back process using atomic layer etching to thin down the first high-k dielectric layer (paragraph 0063-0064). It would have been obvious to one having ordinary skill in the art at the time the invention was made, with respect to claim #16, to modified the invention of Chang, with the modification so the invention of Lilac, which teaches a method wherein performing an etch-back process using atomic layer etching to thin down the first high-k dielectric layer, to incorporate a method that would allow structurally critical etching within the dimensions of a trench area and to incorporate a structure with high selectivity to other surrounding materials such that the desired voids between conductive material layers may be defined without damaging the surrounding structure, as taught by Lilac. Chang shows, with respect to claim #17, a method further comprising: forming a second dummy gate stack (fig. #3, item 30) on a second protruding semiconductor fin (fig. #3, item 30) (paragraph 0015); removing the second dummy gate stack to form a second trench (paragraph 0017), wherein the second protruding semiconductor fin is exposed (paragraph 0011, 0040); and depositing a second high-k dielectric layer extending into the second trench, wherein the etch-back process further thins down the second high-k dielectric layer, and wherein before the etch-back process, the first high-k dielectric layer and the second high-k dielectric layer have a first thickness difference (paragraph 0026), and after the etch-back process, the first high-k dielectric layer and the second high-k dielectric layer have a second thickness difference smaller than the first thickness difference (paragraph 0034-0035). Chang shows, with respect to claim #18, a method wherein the etch-back process is stopped before the first high-k dielectric layer is fully removed (paragraph 0034-0035). ///// Claim #19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chang et al., (U.S. Pub. No. 2020/0020785), hereinafter referred to as "Chang", as shown in the rejection of claim #16 above and in view of Lilak et al., (U.S. Pub. No. 2020/0403033), hereinafter referred to as "Lilak". Chang substantially shows the claimed invention as shown in the rejection of claim #16 above. Chang fails to show, with respect to claim #19, a method wherein the atomic layer etching comprises: pulsing and purging SF4; and pulsing and purging TiCl4. Lilak teaches, with respect to claim #19, a method wherein the atomic layer etching comprises: pulsing and purging SF4; and pulsing and purging TiCl4 (paragraph 0063-0064). It would have been obvious to one having ordinary skill in the art at the time the invention was made, with respect to claim #19, to modified the invention of Chang, with the modification so the invention of Lilak, which teaches a method wherein the atomic layer etching comprises: pulsing and purging SF4; and pulsing and purging TiCl4, to incorporate a structure vapor phase etch processes may be chosen so as to have high selectivity to other surrounding materials such that the desired voids between conductive material layers may be defined without damaging the surrounding structure, as taught by Lilak. ///// Claim #21 are rejected under 35 U.S.C. 103 as being unpatentable over Song (U.S. Pub. No, 2021/0358924), hereinafter referred to as "Song" as modified by Kim et al., (U.S. Pub. No. 2021/0328030), hereinafter referred to as "Kim" as shown in the rejection of claim #1 above and in further view of Shroff et al., (U.S. Pub. No. 2012/0267758), hereinafter referred to as "Shroff". Song as modified by Kim substantially shows the claimed invention as shown in the rejection of claim #1 above. Song as modified by Kim fails to show, with respect to claim 21, a method wherein the first thickness and the third thickness are measured at a bottom of the first trench, and the second thickness and the fourth thickness are measured at a bottom of the second trench. Shroff teaches, with respect to claim #21, a method wherein the first thickness (fig. #4, item 20; Below, Fig. #Ex2, item ST) and the third thickness (Below, Fig. #Ex3, item TT) are measured at a bottom (paragraph 0029) of the first trench (fig. #13, item 110), and the second thickness (fig. #4, item 20; Below, Fig. #Ex2, item ST) and the fourth thickness (Below, Fig. #Ex3, item FT) are measured at a bottom of the second trench (fig. #13, item 112) (paragraph 0030, 0045, 0047) . [AltContent: textbox (Starting thickness; ST)][AltContent: textbox (Ex2)][AltContent: arrow][AltContent: arrow][AltContent: connector][AltContent: connector] PNG media_image2.png 338 706 media_image2.png Greyscale [AltContent: textbox (Fourth Thickness; FT)][AltContent: textbox (Third Thickness; TT)][AltContent: arrow] [AltContent: arrow] [AltContent: textbox (Ex3)][AltContent: oval][AltContent: oval] PNG media_image3.png 298 712 media_image3.png Greyscale It would have been obvious to one having ordinary skill in the art at the time the invention was made, with respect to claim #21, to modified the invention of Song as modified by the invention of Kim, with the modifications of Shroff, which teaches, a method wherein the first thickness and the third thickness are measured at a bottom of the first trench, and the second thickness and the fourth thickness are measured at a bottom of the second trench, to incorporate a structural condition that would provide the required decoupling capacitance at the bottom of the trench while the thickness of the sidewall dielectric layer is sufficient to electrically isolate the decoupling trench capacitor from adjacent active device operation, as taught by Shroff. ///// Claim #22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chang et al., (U.S. Pub. No. 2020/0020785), hereinafter referred to as "Chang" as modified by Lilac et al., (U.S. Pub. No. 2020/0403033), hereinafter referred to as "Lilac" as shown in the rejection of claim #16 above and in further view of Shroff et al., (U.S. Pub. No. 2012/0267758), hereinafter referred to as "Shroff". Chang as modified by Lilac substantially shows the claimed invention as shown in the rejection of claim #16 above. Chang as modified by Lilac fails to show, with respect to claim 22, a method wherein the first thickness and the third thickness are measured at a bottom of the first trench, and the second thickness and the fourth thickness are measured at a bottom of the second trench. Shroff teaches, with respect to claim #22, a method wherein in the etch-back process, a portion of the first high-k dielectric layer at a bottom of the first trench is thinned down (paragraph 0030, 0045, 0047) . It would have been obvious to one having ordinary skill in the art at the time the invention was made, with respect to claim #22, to modified the invention of Chang as modified by the invention of Lilac, with the modifications of Shroff, which teaches, a method wherein in the etch-back process, a portion of the first high-k dielectric layer at a bottom of the first trench is thinned down, to incorporate a structural condition that would provide the required decoupling capacitance at the bottom of the trench while the thickness of the sidewall dielectric layer is sufficient to electrically isolate the decoupling trench capacitor from adjacent active device operation, as taught by Shroff. Pertinent art Pertinent art, not relied on in the present rejection, but considered to be related to the claimed filed invention, will be listed below. 1) KUO et al., (U.S. Pub. No. 2023/0066891) teaches, using atomic layer etching to thin down the first high-k dielectric layer (paragraph 0034, 0042). EXAMINATION NOTE The rejections above rely on the references for all the teachings expressed in the text of the references and/or one of ordinary skill in the art would have reasonably understood or implied from the texts of the references. To emphasize certain aspects of the prior art, only specific portions of the texts have been pointed out. Each reference as a whole should be reviewed in responding to the rejection, since other sections of the same reference and/or various combinations of the cited references may be relied on in future rejections in view of amendments. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to Andre’ Stevenson whose telephone number is (571) 272 1683 (Email Address, Andre.Stevenson@USPTO.GOV). The examiner can normally be reached on Monday through Friday from 7:30 am to 4:30 pm. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Zandra Smith can be reached on 571-272 2429. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /Andre’ Stevenson Sr./ Art Unit 2899 01/28/2026 /ZANDRA V SMITH/ Supervisory Patent Examiner, Art Unit 2899
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Prosecution Timeline

Jan 20, 2022
Application Filed
Oct 30, 2024
Non-Final Rejection — §103
Mar 05, 2025
Response Filed
Apr 30, 2025
Final Rejection — §103
Jul 07, 2025
Response after Non-Final Action
Aug 05, 2025
Non-Final Rejection — §103
Dec 11, 2025
Response Filed
Feb 01, 2026
Non-Final Rejection — §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

4-5
Expected OA Rounds
90%
Grant Probability
96%
With Interview (+6.8%)
2y 5m
Median Time to Grant
High
PTA Risk
Based on 852 resolved cases by this examiner. Grant probability derived from career allow rate.

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