Prosecution Insights
Last updated: April 19, 2026
Application No. 17/711,084

SELECTIVE ETCHING OF SILICON LAYERS IN A SEMICONDUCTOR DEVICE

Final Rejection §103
Filed
Apr 01, 2022
Examiner
BULLARD-CONNOR, GENEVIEVE GRACE
Art Unit
2899
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
MACOM TECHNOLOGY SOLUTIONS HOLDINGS, INC.
OA Round
4 (Final)
43%
Grant Probability
Moderate
5-6
OA Rounds
3y 5m
To Grant
53%
With Interview

Examiner Intelligence

Grants 43% of resolved cases
43%
Career Allow Rate
3 granted / 7 resolved
-25.1% vs TC avg
Moderate +10% lift
Without
With
+10.0%
Interview Lift
resolved cases with interview
Typical timeline
3y 5m
Avg Prosecution
61 currently pending
Career history
68
Total Applications
across all art units

Statute-Specific Performance

§103
48.2%
+8.2% vs TC avg
§102
32.7%
-7.3% vs TC avg
§112
19.1%
-20.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 7 resolved cases

Office Action

§103
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 . Election/Restrictions Newly amended claims 6 and 11 directed to an invention that is independent or distinct from the invention originally claimed for the following reasons: Species 1: claims 6 and 11 before amendments filed 2/26/2026 required the etchant chemical solution to comprise at least one of sulfur hexafluoride and chloride. Species 2: newly amended claim 6 requires the etchant chemical solution to comprise nitric acid and hydrofluoric acid mixture. Species 3: newly amended claim 11 requires the etchant chemical solution to comprise potassium hydroxide. Since applicant has received an action on the merits for the originally presented invention, i.e. Species 1, this invention has been constructively elected by original presentation for prosecution on the merits. Accordingly, claims 6 and 11 are withdrawn from consideration as being directed to a non-elected invention. See 37 CFR 1.142(b) and MPEP § 821.03. To preserve a right to petition, the reply to this action must distinctly and specifically point out supposed errors in the restriction requirement. Otherwise, the election shall be treated as a final election without traverse. Traversal must be timely. Failure to timely traverse the requirement will result in the loss of right to petition under 37 CFR 1.144. If claims are subsequently added, applicant must indicate which of the subsequently added claims are readable upon the elected invention. Should applicant traverse on the ground that the inventions are not patentably distinct, applicant should submit evidence or identify such evidence now of record showing the inventions to be obvious variants or clearly admit on the record that this is the case. In either instance, if the examiner finds one of the inventions unpatentable over the prior art, the evidence or admission may be used in a rejection under 35 U.S.C. 103 or pre-AIA 35 U.S.C. 103(a) of the other invention. 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 1-5 and 7-8 are rejected under 35 U.S.C. 103 as being unpatentable over Yamamoto (US 2002/0153579) and Bilodeau et al. (“Bilodeau” US 2018/0337253). Regarding claim 1, Yamamoto discloses: A method for patterning a silicon layer (10, para. [0104]) of a semiconductor device (Figure 7D), the method comprising: positioning an etch stop layer (4, para. [0104]) between a dielectric layer (3) and the silicon layer (10, Figure 7D); and etching the silicon layer (10) with a chemical etchant (para. [0104], Figure 7D) comprising one or more chemical solutions to selectively remove one or more portions of the silicon layer. Yamamoto does not explicitly disclose the specific etchant used to etch the silicon layer, or a non-gaseous etchant, and also does not disclose that the etching has a selectivity ratio characterizing etch rates of the silicon layer to the etch stop layer of at least 200:1 and less than or equal to 1000:1. Bilodeau discloses, however, in para. [0021] an etching process of etching polysilicon relative to an etch stop layer (silicon nitride here, see para. [0021]) using a non-gaseous etchant (see wet etching, para. [0013], and acid solution composition in para. [0032]), wherein the etching has a selectivity ratio characterizing etch rates of the silicon layer to the etch stop layer of at least 200:1 and less than or equal to 1000:1 (see para. [0021] which discloses a etch rate selectivity ratio of about 2:1 to about 1000:1). It would have been obvious to one having ordinary skill in the art to incorporate the teachings of Bilodeau into the teachings of Yamamoto, specifically to include a non-gaseous chemical etchant as disclosed by Bilodeau for the purpose of achieving a high etch rate of polysilicon (Bilodeau, para. [0032]). Regarding claim 2, Yamamoto discloses wherein a dielectric constant of the etch stop layer (4, para. [0102]) is greater than or equal to a dielectric constant of the dielectric layer (3, para. [0073]). Regarding claim 3, Yamamoto discloses wherein the semiconductor device is a capacitor (9, 3, 4, 6, 10, Figure 7D) comprising a top plate (10) and a bottom plate (9), wherein the silicon layer (10, para. 104) is a top plate of the capacitor comprising doped polysilicon (para. [0104], Figure 7D), wherein the dielectric layer (3, para. 95) is comprised within a dielectric stack (3, 17, para. 95, Figure 5A). Regarding claim 4, Yamamoto discloses wherein the etch stop layer (4) comprises at least one material selected from the group consisting of hafnium oxide and zirconium oxide (para. [0062]). Regarding claim 5, Yamamoto discloses wherein the material is hafnium oxide (para. [0062]), and wherein the silicon layer (10) comprises doped polysilicon (see para. [0098]). Regarding claim 7, Yamamoto further discloses depositing the etch stop layer (4) onto the dielectric layer (3) via an atomic layer deposition process (para. [0103], Figure 7C). Regarding claim 8, Yamamoto further discloses depositing the etch stop layer (4, Figure 7C) via a deposition process that provides a continuous and pinhole free conformality of the etch stop layer (4, para. [0105]) over the dielectric layer (3, Figure 7A-7D). Claims 9-10 and 12-13 are rejected under 35 U.S.C. 103 as being unpatentable over Yamamoto (US 2002/0153579), Bilodeau et al. (“Bilodeau” US 2018/0337253), and (“Boles” US 2022/0367303). Regarding claim 9, Yamamoto discloses a method comprising: depositing an etch stop layer (4, para. 102) onto a dielectric layer (3, para. 102) of a semiconductor device (Figure 7C); depositing a silicon layer (10, para. 104, Figure 7D) onto the etch stop layer (4, para. 102); and performing an etching process (para. 104, Figure 7D) on the silicon layer (10, para. 104) using a chemical etchant (para. 104), wherein the etch stop layer (4, Figure 7D) shields the dielectric layer (3, Figure 7D) from the etching process (para. 104). Yamamoto does not explicitly disclose the specific etchant used to etch the silicon layer, or a non-gaseous etchant, and also does not disclose that the etching has a selectivity ratio characterizing etch rates of the silicon layer to the etch stop layer of at least 200:1 and less than or equal to 1000:1, and depositing, after the etching, one or more metal layers onto the silicon layer. Bilodeau discloses, however, in para. [0021] an etching process of etching polysilicon relative to an etch stop layer (silicon nitride here, see para. [0021]) using a non-gaseous etchant (see wet etching, para. [0013], and acid solution composition in para. [0032]), wherein the etching has a selectivity ratio characterizing etch rates of the silicon layer to the etch stop layer of at least 200:1 and less than or equal to 1000:1 (see para. [0021] which discloses a etch rate selectivity ratio of about 2:1 to about 1000:1). It would have been obvious to one having ordinary skill in the art to incorporate the teachings of Bilodeau into the teachings of Yamamoto, specifically to include a non-gaseous chemical etchant as disclosed by Bilodeau for the purpose of achieving a high etch rate of polysilicon (Bilodeau, para. [0032]). Further, Boles discloses depositing a first metal layer (102) onto the silicon layer (114, see Figure 1, Figure 3b). The combination of Boles into Yamamoto would result in the claimed order of operations because the final step of Yamamoto is the etching of the silicon layer. It would have been obvious to one having ordinary skill in the art to incorporate the teachings of Boles above into the teachings of Yamamoto for the purpose providing a top terminal for the device (102, Boles, para. [0021]). Regarding claim 10, Yamamoto discloses wherein the etch stop layer (4, para. [0102]) is deposited via a deposition process selected from the group consisting of: an atomic layer deposition process, low pressure chemical vapor deposition, and plasma enhanced chemical vapor deposition (para. [0103]). Regarding claim 12, Yamamoto discloses wherein the etch stop layer (4, para. [0107]) comprises at least one material selected from the group consisting of hafnium oxide and zirconium oxide (para. [0107]). Regarding claim 13, Yamamoto discloses wherein the at least one material is hafnium oxide (para. [0107]). Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Yamamoto, Bilodeau, and Boles as applied to claim 9 above and further in view of Sakata (US Pub. 20070072403). Regarding claim 14, Yamamoto discloses a lithography and etching process (see para. [0104]) of the silicon layer (10), which would imply a photolithography and etch process. However, Yamamoto does not explicitly disclose depositing a photoresist onto the silicon layer prior to the etching process, wherein the photoresist shields a portion of the silicon layer from the etching process. Sakata discloses, however, depositing a photoresist (120, para. [0046]) onto the silicon layer (118) prior to the etching process, wherein the photoresist shields a portion of the silicon layer from the etching process (para. [0046], Figure 2(A) – 2(B)). It would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to incorporate the teachings of Sakata into the method of Yamamoto to include deposition of a photoresist onto the silicon layer prior to the etching process, the photoresist shielding a portion of the silicon layer from the etching process. The ordinary artisan would have been motivated to modify Yamamoto in the above manner with a reasonable expectation of success and resulting in the predictable result of precise etching of the silicon layer. KSR International Co. v. Teleflex Inc., 82 USPQ2d 1385 (2007). Claims 23 and 24 are rejected under 35 U.S.C. 103 as being unpatentable over Yamamoto and Bilodeau as applied to claim 1 above and Yamamoto, Bilodeau, and Boles as applied to claim 9 above, and further in view of Kuo (US 2023/0068481 A1). Regarding claim 23, Kuo discloses wherein the dielectric layer (112) extends into one or more trenches (see trenches shown in Figure 1) formed within a substrate (102, shown in Figure 1, disclosed in para. [0011]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the present invention to incorporate the teachings of Kuo into the teachings of Yamamoto to include the dielectric layer extending into one or more trenches formed within a substrate for the purpose of increasing capacitance and reducing die area (Kuo, para. [0011]). Regarding claim 24, Kuo discloses wherein the dielectric layer (112) extends into one or more trenches (see trenches shown in Figure 1) formed within a substrate (102, shown in Figure 1, disclosed in para. [0011]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the present invention to incorporate the teachings of Kuo into the teachings of Yamamoto to include the dielectric layer extending into one or more trenches formed within a substrate for the purpose of increasing capacitance and reducing die area (Kuo, para. [0011]). Claim 25 is rejected under 35 U.S.C. 103 as being unpatentable over Yamamoto, Bilodeau, and Boles as applied to claim 9 above and further in view of Wu et al. (“Wu” US 2002/0094611). Regarding claim 25, Wu discloses one or more metal layers (para. [0046], a polycide capacitor plate 24b, where polycide is known in the art as comprising a stacked structure comprising metal silicide and polysilicon layers, it is also obvious to split a single layer of a material into several layers, and thus comprises a one or more metal layers) wherein the one or more metal layers comprise a first metal layer with a thickness between 50 angstroms and 1000 angstroms deposited using an epitaxial growth process, a second metal layer with a thickness between 250 angstroms and 1000 angstroms, and a third metal layer with a thickness between 500 angstroms and 2000 angstroms (Wu discloses the total thickness of the capacitor plate 24b is formed to have a thickness of 1000 to 3000 Angstroms, which the total thickness of the first through third layers as claimed overlaps with Wu’s range). It would have been obvious to one having ordinary skill in the art to incorporate the metal layer of Wu (polycide layer) into the teachings of Yamamoto and combination(s) above for the purpose of utilizing a preferred material and thickness for the metal layers (see Wu, para. [0046]). Further, it would be obvious to one having ordinary skill in the art to optimize the thickness of each of the layers within the polycide to have the thicknesses as claimed according to the desired characteristics of the semiconductor device. Claims 26 and 28 are rejected under 35 U.S.C. 103 as being unpatentable over Yamamoto (US 2002/0153579), Kuo (US 2023/0068481 A1), Bilodeau et al. (“Bilodeau” US 2018/0337253), and Boles et al. (“Boles” US 2022/0367303). Regarding claim 26, Yamamoto discloses a method, comprising: depositing an etch stop layer onto a dielectric layer of a semiconductor device; depositing a silicon layer onto the etch stop layer; etching the silicon layer to selectively remove one or more portions of the silicon layer, Yamamoto does not disclose the dielectric layer extends into one or more trenches formed within a substrate of the semiconductor device, a non-gaseous etchant comprising one or more chemical solutions, wherein the etching has a selectivity ratio characterizing etch rates of the silicon layer to the etch stop layer of at least 200:1 and less than or equal to 1000:1; depositing, after the etching of the silicon layer, a first metal layer onto the silicon layer; depositing, after the depositing of the first metal layer, a silicon nitride layer onto a first portion of the first metal layer and a first portion of the substrate; and depositing, after the depositing the silicon nitride layer, a benzocyclobutane layer onto a first portion of the silicon nitride layer and a second portion of the first metal layer. Kuo discloses, however a dielectric layer (112) extending into one or more trenches (see trenches shown in Figure 1) formed within a substrate (102, shown in Figure 1, disclosed in para. [0011]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the present invention to incorporate the teachings of Kuo into the teachings of Yamamoto to include the dielectric layer extending into one or more trenches formed within a substrate for the purpose of increasing capacitance and reducing die area (Kuo, para. [0011]). Further, Bilodeau discloses in para. [0021] an etching process of etching polysilicon relative to an etch stop layer (silicon nitride here, see para. [0021]) using a non-gaseous etchant (see wet etching, para. [0013], and acid solution composition in para. [0032]), wherein the etching has a selectivity ratio characterizing etch rates of the silicon layer to the etch stop layer of at least 200:1 and less than or equal to 1000:1 (see para. [0021] which discloses a etch rate selectivity ratio of about 2:1 to about 1000:1). It would have been obvious to one having ordinary skill in the art to incorporate the teachings of Bilodeau into the teachings of Yamamoto, specifically to include a non-gaseous chemical etchant as disclosed by Bilodeau for the purpose of achieving a high etch rate of polysilicon (Bilodeau, para. [0032]). Finally, Boles discloses depositing a first metal layer (102) onto the silicon layer (114, see Figure 1, Figure 3b); depositing, after the depositing of the first metal layer (102), a silicon nitride layer (118, para. [0021]) onto a first portion of the first metal layer (102) and a first portion of the substrate (108A, see Figure 3b); and depositing, after the depositing the silicon nitride layer (118), a benzocyclobutane layer (112) onto a first portion of the silicon nitride layer (118, see Figure 3b, para. [0021]) and a second portion of the first metal layer (102, see Figure 3b). The combination of Boles into Yamamoto would result in the claimed order of operations because the final step of Yamamoto is the etching of the silicon layer. It would have been obvious to one having ordinary skill in the art to incorporate the teachings of Boles above into the teachings of Yamamoto for the purpose of providing electrical isolation in the semiconductor device (Boles, para. [0022]) and to provide a top terminal for the device (102, Boles, para. [0021]). Regarding claim 28, Boles discloses depositing, onto a moisture seal layer of the semiconductor device (302V, Figures 1, 3b), a low temperature oxide layer (120, see Figure 1, since the moisture seal layer 320B, silicon nitride is the same material as the instant application’s moisture seal layer, thus the silicon nitride layer 320B of Boles would also serve as a moisture seal layer, and since the moisture seal layer 320B is deposited surrounding the region where the low temperature oxide layer would be within the device 100, which would be in place of 206 in Figure 3b, the LTO is deposited on a surface of the moisture seal layer 320B). Claim 27 is rejected under 35 U.S.C. 103 as being unpatentable over Yamamoto, Bilodeau, Kuo, and Boles as applied to claim 26 above and further in view of Lyu et al. (“Lyu” Us 2004/0173825). Regarding claim 27, Lyu discloses in Figure 12 a first metal layer (220a, disposed on polysilicon layer 205a, see Figure 12) wherein the first metal layer comprises titanium, platinum, gold, copper, silver, nickel, chrome, a titanium tungsten composite, or a combination thereof (para. [0060]). It would have been obvious to one having ordinary skill in the art to incorporate the teachings of Lyu into the teachings of Yamamoto and the combination(s) above because the selection of a known material based on its suitability for its intended use is prima facie obvious. See MPEP 2144.07. Response to Arguments Applicant’s arguments with respect to claims 1 and 9 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. 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 Genevieve G Bullard-Connor whose telephone number is (571)270-0609. The examiner can normally be reached Mon-Fri, 9am-5pm. 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, Dale Page can be reached at 571-270-7877. 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. /Genevieve G Bullard-Connor/Examiner, Art Unit 2899 /DALE E PAGE/Supervisory Patent Examiner, Art Unit 2899
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Prosecution Timeline

Apr 01, 2022
Application Filed
Oct 04, 2024
Examiner Interview (Telephonic)
Nov 07, 2024
Non-Final Rejection — §103
May 09, 2025
Response Filed
May 20, 2025
Final Rejection — §103
Aug 25, 2025
Request for Continued Examination
Aug 28, 2025
Response after Non-Final Action
Oct 22, 2025
Non-Final Rejection — §103
Feb 26, 2026
Response Filed
Mar 10, 2026
Final Rejection — §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12525517
SEMICONDUCTOR DEVICE AND METHOD OF MANUFACTURING THE SAME
2y 5m to grant Granted Jan 13, 2026
Study what changed to get past this examiner. Based on 1 most recent grants.

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Prosecution Projections

5-6
Expected OA Rounds
43%
Grant Probability
53%
With Interview (+10.0%)
3y 5m
Median Time to Grant
High
PTA Risk
Based on 7 resolved cases by this examiner. Grant probability derived from career allow rate.

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