Prosecution Insights
Last updated: August 17, 2026
Application No. 17/701,997

STRUCTURE AND FORMATION METHOD OF SEMICONDUCTOR DEVICE WITH GATE STACK

Non-Final OA §102
Filed
Mar 23, 2022
Examiner
ISAAC, STANETTA D
Art Unit
2898
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Taiwan Semiconductor Manufacturing Company, Ltd.
OA Round
4 (Non-Final)
86%
Grant Probability
Favorable
4-5
OA Rounds
0m
Est. Remaining
49%
With Interview

Examiner Intelligence

Grants 86% — above average
86%
Career Allowance Rate
829 granted / 968 resolved
+17.6% vs TC avg
Minimal -37% lift
Without
With
+-36.9%
Interview Lift
resolved cases with interview
Typical timeline
2y 5m
Avg Prosecution
42 currently pending
Career history
1025
Total Applications
across all art units

Statute-Specific Performance

§101
0.2%
-39.8% vs TC avg
§103
51.7%
+11.7% vs TC avg
§102
43.4%
+3.4% vs TC avg
§112
4.4%
-35.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 968 resolved cases

Office Action

§102
DETAILED ACTION 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 . Continued Examination Under 37 CFR 1.114 A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 6/09/26 has been entered. Claim Rejections - 35 USC § 102 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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – (a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention. Claim(s) 1-15 and 21-25 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ching et al. (US PGPub 2018/0151450, hereinafter referred to as “Ching”). Ching discloses the semiconductor method as claimed. See figures 1-21 and corresponding text, where Ching teaches, in claim 1, a method for forming a semiconductor device structure, comprising: forming a channel structure (310) over a substrate (210); (figure 8; [0044-0045]) forming a dielectric layer (620) over the channel structure (310), wherein the dielectric layer (620) has a higher dielectric constant than silicon nitride (figure 8; [0044-0045]); forming a gate stack (710) over the dielectric layer (620) (figure 9; [0045-0046]); and forming a spacer element (820) over a sidewall of the gate stack (710) after the gate stack (710) is formed, wherein the spacer element (820) covers a portion of the dielectric layer (620) (figures 11A and 11B; [0050-0057]). Ching teaches, in claim 2, further comprising: partially removing portions of the channel structure beside the spacer element to form a recess; and forming an epitaxial structure (870, 875) in the recess (figure 14; [0058-0061]). Ching teaches, in claim 3, further comprising: forming an insulating layer (910) over the substrate (210), wherein the insulating layer (910) covers the epitaxial structure (870, 875) and surrounds the gate stack (710); removing the gate stack to form a trench (920) surrounded by the insulating layer (910) (figure 15; [0062-0064]); and forming a metal gate stack (1016) in the trench (920) (figures 16A-19C; [0065-0077]). Ching teaches, in claim 4, further comprising removing a portion of the dielectric layer exposed by the trench (figures 16A-18A; [0065-0069]). Ching teaches, in claim 5, wherein the metal gate stack comprises a gate dielectric layer, the gate dielectric layer extends along a sidewall and a bottom of the trench, and the gate dielectric layer extends across an interface between the dielectric layer and the spacer element (figures 19A-19C; [0073-0077]). Ching teaches, in claim 6, wherein the gate dielectric layer is formed to be in direct contact with the dielectric layer (figures 19A-19C; [0073-0077]). Ching teaches, in claim 7, wherein the gate dielectric layer is formed to be in direct contact with the spacer element (figures 19A-19C; [0073-0077]). Ching teaches, in claim 8, further comprising: forming an oxide layer over the channel structure before the formation of the dielectric layer (figures 16A-19C; [0065-0077]). Ching teaches, in claim 9, further comprising: forming an oxide layer over the channel structure after the formation of the dielectric layer and before the formation of the gate stack (figures 16A-19C; [0065-0077]). Ching teaches, in claim 10, wherein the dielectric layer is formed to be in direct contact with the channel structure (figures 16A-19C; [0065-0077]). Ching teaches, in claim 11, a method for forming a semiconductor device structure, comprising: forming a semiconductor structure (310) over a substrate (210); (figure 8; [0044-0045]) forming a metal-containing oxide layer (620) over the semiconductor structure (310); (figure 8; [0044-0045]) forming a gate stack (710) over the metal-containing oxide layer (620), wherein the gate stack (710) is a dummy gate stack; (figure 9; [0045-0046]) and forming a spacer element (820) over a sidewall of the gate stack (710), wherein the spacer element (820) covers a top of the metal-containing oxide layer (620) (figures 11A and 11B; [0050-0057]). Ching teaches, in claim 12, wherein the top of the metal-containing oxide layer is formed to be vertically between the substrate and a top of the spacer element. Ching teaches, in claim 13, further comprising: surrounding the gate stack (710) with an insulating layer (910); and replacing the gate stack with a metal gate stack (1016). Ching teaches, in claim 14, wherein the metal gate stack comprises a gate dielectric layer (1014) and a work function layer, and the metal-containing oxide layer (620) is formed to be in direct contact with the gate dielectric layer. (figures 19A-19C; [0073-0077]). Ching teaches, in claim 15, wherein the metal gate stack comprises a gate dielectric layer and a work function layer, and the gate dielectric layer extends upwards along a sidewall of the metal-containing oxide layer (figures 19A-19C; [0073-0077]). Ching teaches, in claim 21, a method for forming a semiconductor device structure, comprising: forming a semiconductor stack (310) having a plurality of sacrificial layers (314) and a plurality of semiconductor layers (316), wherein the sacrificial layers (314) and the semiconductor layers (316) have an alternating configuration (figure 3; [0027]); forming a dielectric layer (620) over the semiconductor stack (310), wherein the dielectric layer (620) has a higher dielectric constant than silicon nitride; figure 8; [0044-0045]) forming a gate stack (710) over the dielectric layer (620), wherein the gate stack (710) is a dummy gate stack (figure 9; [0045-0046]); forming a spacer element (820) over a sidewall of the gate stack (710), wherein the spacer element (820) partially covers the dielectric layer (620); and removing the gate stack (710) (figures 11A and 11B; [0050-0057]). Ching teaches, in claim 22, further comprising: forming a second dielectric layer over the semiconductor stack after the formation of the dielectric layer and before the formation of the gate stack ([0044], more than one layer where one is a silicon oxide). Ching teaches, in claim 23, wherein the second dielectric layer has a lower dielectric constant than the dielectric layer ([0044], more than one layer where one is a silicon oxide). Ching teaches, in claim 24, further comprising: forming a second dielectric layer over the semiconductor stack before the formation of the dielectric layer ([0044], more than one layer where one is a silicon oxide). Ching teaches, in claim 25, wherein the second dielectric layer has a lower dielectric constant than the dielectric layer ([0044], more than one layer where one is a silicon oxide). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to STANETTA D ISAAC whose telephone number is (571)272-1671. The examiner can normally be reached M-F 10-6. 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, Leonard Chang can be reached at 571-270-3691. 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. /STANETTA D ISAAC/Examiner, Art Unit 2898 June 25, 2026
Read full office action

Prosecution Timeline

Show 1 earlier event
Dec 19, 2024
Non-Final Rejection mailed — §102
Mar 19, 2025
Response Filed
Sep 10, 2025
Non-Final Rejection mailed — §102
Dec 11, 2025
Response Filed
Apr 06, 2026
Final Rejection mailed — §102
Jun 09, 2026
Request for Continued Examination
Jun 12, 2026
Response after Non-Final Action
Jun 29, 2026
Non-Final Rejection mailed — §102 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12696738
TRANSISTOR DEVICE WITH SINKER CONTACTS AND METHODS FOR MANUFACTURING THE SAME
5y 2m to grant Granted Jul 28, 2026
Patent 12696447
SEMICONDUCTOR DEVICE AND MANUFACTURING METHOD THEREOF
2y 7m to grant Granted Jul 28, 2026
Patent 12690469
PACKAGED SEMICONDUCTOR DEVICE, LEADFRAME AND METHOD FOR IMPROVED BONDING
3y 11m to grant Granted Jul 21, 2026
Patent 12677449
SEMICONDUCTOR DEVICE AND MANUFACTURING METHOD THEREOF
4y 1m to grant Granted Jul 07, 2026
Patent 12672498
METHOD OF MANUFACTURING SEMICONDUCTOR STRUCTURE
4y 11m to grant Granted Jun 30, 2026
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
86%
Grant Probability
49%
With Interview (-36.9%)
2y 5m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 968 resolved cases by this examiner. Grant probability derived from career allowance rate.

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