Prosecution Insights
Last updated: April 18, 2026
Application No. 17/832,443

Passive Device Structure

Non-Final OA §103
Filed
Jun 03, 2022
Examiner
SRINIVASAN, SESHA SAIRAMAN
Art Unit
2817
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Taiwan Semiconductor Manufacturing Company Ltd.
OA Round
3 (Non-Final)
68%
Grant Probability
Favorable
3-4
OA Rounds
3y 7m
To Grant
99%
With Interview

Examiner Intelligence

Grants 68% — above average
68%
Career Allow Rate
19 granted / 28 resolved
At TC average
Strong +53% interview lift
Without
With
+52.9%
Interview Lift
resolved cases with interview
Typical timeline
3y 7m
Avg Prosecution
63 currently pending
Career history
91
Total Applications
across all art units

Statute-Specific Performance

§103
71.4%
+31.4% vs TC avg
§102
21.4%
-18.6% vs TC avg
§112
7.1%
-32.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 28 resolved cases

Office Action

§103
DETAILED ACTION Notice of AIA Status The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Response to Amendment The amendment with respect to claims 16-17, 21, 29-30, 32, and 34-35 filed on 06/16/2025 have been fully considered for examination based on their merits. The previously presented claims 18-20, 22-28, 31, and 33 have been considered. Claims 1-15 are canceled. Response to Arguments Applicant’s arguments, see Remarks, pages 8-13, filed 06/16/2025, with respect to the rejection(s) of claim(s) 16-35 under 35 USC 103 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 Therefore, the rejection has been withdrawn.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 ZHANG and HUNG. Regarding Independent Claim 16. The Applicant argues (See Remarks, page 9) that the prior art PARK fails to disclose, “forming a second dielectric layer over the metal-insulator-metal capacitor, wherein the bottom plate comprises a first sidewall surface interfacing the second dielectric layer. The Examiner agrees the arguments are persuasive and therefore the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of ZHANG. ZHANG teaches in Figures 2, and 3, a method (Figs. 1-7, processing method for a device structure at successive fabrication stages, [0007]), wherein the bottom plate (Figs. 2-3, 22, layer (i.e., conductor), [0012]) comprises a first sidewall surface (Figs. 2-3, 31, sidewall, [0017]) interfacing (annotated Figure 3) the second dielectric layer (Fig. 3, 36, [0018]). PNG media_image1.png 667 865 media_image1.png Greyscale Therefore, the independent claim 16 and dependent claims 17-20 are rejected on the new ground(s) as mentioned above. Regarding Independent Claim 21. The Applicant argues (See Remarks, page 10) that the prior art PARK fails to disclose, “forming a bottom conductor plate over the first lower contact feature and on the etch stop layer”. The Examiner agrees the arguments are persuasive and therefore the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of HUNG. HUNG teaches in Figure 2D, a method (Fig. 1, 100, flow chart of an exemplary method for forming a semiconductor device, [0006]) comprising: forming a metal-insulator-metal capacitor (Fig. 2C, 200-1, MIM capacitor, [0022]; Fig. 2D, 236-238-224; bottom metal plate-capacitor dielectric layer-top metal plate [0022-0023]) over the etch stop layer (Fig. 2D, 206), the metal-insulator-metal capacitor comprising a bottom plate (Fig. 2D, 236, bottom metal plate) over etch stop layer (Fig. 2D, 236, bottom metal plate over 206, etch stop layer). Therefore, the independent claim 21 and dependent claims 22-29 are rejected on the new ground(s) as mentioned above. Regarding Independent Claim 30. The Applicant argues (See Remarks, page 11) that the prior art PARK fails to disclose, “performing a first etching process to form a first opening a and a second opening each extending through the second dielectric layer and the metal-insulator-metal capacitor, wherein the performing of the first etching process further forms a third opening spaced apart from each layer of the metal-insulator-metal capacitor, wherein each of the first opening and the second opening exposes a portion of a top surface of the etch stop layer”. The Examiner agrees the arguments are persuasive and therefore the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of ZHANG. ZHANG teaches in Figures 3-6, a method (Figs. 1-7, processing method for a device structure at successive fabrication stages, [0007]) comprising: performing a first etching process (patterned with lithography and etching processes, [0018-0022]) to form a first opening (Fig. 6, 54, via opening, [0018-0022]) and a second opening (Fig. 6, 48, via opening, [0018-0022]) each extending through the second dielectric layer (Fig. 6, 36, [0018-0022]) and the metal-insulator-metal capacitor (Fig. 2, 32, patterned layers, [0020]) wherein the performing of the first etching process further forms a third opening (Fig. 6, 46, via opening, [0018-0022]) spaced apart from each layer of the metal-insulator-metal capacitor (annotated Figure 6), wherein each of the first opening and the second opening exposes a portion of a top surface of the etch stop layer (annotated Figure 6; not shown the trench only up to the top layer of capping layer 18, but it is obvious to etch up to the top surface and the Figure 4 shows penetration of the caping layer further); PNG media_image2.png 656 879 media_image2.png Greyscale Therefore, the independent claim 30 and dependent claims 31-35 are rejected on the new ground(s) as mentioned above. 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 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. Claims 16-35 are rejected under 35 U.S.C. 103 as being unpatentable over Jinho Park et al, (hereinafter PARK), US 20200350248 A1, in view of Seokjun Won et al, (hereinafter WON), KR 100569720 B1, further in view of Chih-Fan Huang et al, (hereinafter HUANG), US 20190131385 A1, further in view of Xunyuan Zhang et al, (hereinafter ZHANG), US 20190013269 A1, and further in view of Chen-Hsiang Hung et al, (hereinafter HUNG), US 20190148370 A1. Regarding Claim 16, PARK teaches in Figure 7G, a method ([0046]), comprising: providing a workpiece comprising (Fig. 1, 100, substrate): a first dielectric layer (111, interlayer insulation layer); and a first lower contact feature (113, lower wiring layer), a second lower contact feature (115, lower wiring layer), and a third lower contact feature (117, lower wiring layer) in the first dielectric layer (111, interlayer insulation layer); depositing an etch stop layer (121, buffer insulation layer) on the first dielectric layer (111, interlayer insulation layer); forming a metal-insulator-metal capacitor (annotated Figure 7G) over the etch stop layer (121, buffer insulation layer), the metal-insulator- metal capacitor (annotated Figure 7G) comprising a bottom plate (201, first electrode, [0024]) over the etch stop layer (121, buffer insulation layer) and a first insulator layer (203, first dielectric layer) over the bottom plate; forming a second dielectric layer (211, interlayer insulation layer) over the metal-insulator-metal capacitor (annotated Figure 7G); forming a first contact via (Fig. 6. 221, upper wiring layer) penetrating multiple layers (annotated Figure 7G) of the metal-insulator-metal capacitor (annotated Figure 7G) to electrically couple ([0037-0038]) to the first lower contact feature (113, lower wiring layer); and forming a second contact via (Fig. 6. 223, upper wiring layer) penetrating multiple layers (annotated Figure 7G) of the metal-insulator-metal capacitor (annotated Figure 7G) to electrically couple ([0037-0038]) to the second lower contact feature (115, lower wiring layer). PNG media_image3.png 864 1065 media_image3.png Greyscale Although the primary reference, PARK does not expressly refer to the buffer insulation layer, 121 as an etch stop layer, a buffer layer functions inherently as an etch stop layer because it functions to buffer or protect the underneath contact features, during an etch process; therefore, it meets the claim limitation of an etch stop layer. WON teaches in paragraph [0050] that the first buffer layer, 120 is provided as an etch stop layer during a subsequent etching process. Therefore, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention (AIA ) to have modified PARK to incorporate the teachings of WON such that the buffer layer, 120 is provided as an etch stop layer, so that it serves as a reinforcing film for suppressing cracks of a dielectric film (WON, Fig. 9, [0050]). Though PARK and WON refers the buffer insulation layer in place of etch stop layer, but does not explicitly disclose a method comprising: depositing an etch stop layer on the first dielectric layer; forming a metal-insulator-metal capacitor over the etch stop layer, the metal-insulator- metal capacitor comprising a bottom plate on the etch stop layer. HUANG teaches a method comprising: depositing an etch stop layer (Fig. 2H, 216) on the first dielectric layer (Fig. 2H, 210); forming a metal-insulator-metal capacitor (Fig. 2H, 500B) over the etch stop layer (Fig. 2H, 216), the metal-insulator- metal capacitor (Fig. 2H, 500B) comprising a bottom plate (Fig. 1A, 220, bottom electrode layer) on the etch stop layer (Fig. 2H, 216). Therefore, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention (AIA ) to have PARK as modified by WON to incorporate the teachings of HUANG such that a method comprising: depositing an etch stop layer on the first dielectric layer so that the etch stop layer, 216 serve as via portions of the RDL structures, 250A, 250B and 250C (HUANG, Fig. 2H, [0035]). PARK as modified by WON and HUANG though teaches a method of forming a second dielectric layer over the metal-insulator-metal capacitor, PARK as modified by WON and HUANG does not explicitly disclose a method, wherein the bottom plate comprises a first sidewall surface interfacing the second dielectric layer. ZHANG teaches in Figures 2, and 3, a method (Figs. 1-7, processing method for a device structure at successive fabrication stages, [0007]), wherein the bottom plate (Figs. 2-3, 22, layer (i.e., conductor), [0012]) comprises a first sidewall surface (Figs. 2-3, 31, sidewall, [0017]) interfacing (annotated Figure 3) the second dielectric layer (Fig. 3, 36, [0018]). PNG media_image1.png 667 865 media_image1.png Greyscale Therefore, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention (AIA ) to have PARK as modified by WON and HUANG to incorporate the teachings of ZHANG such that a method, wherein the bottom plate comprises a first sidewall surface interfacing the second dielectric layer, so that the same sidewall (31) as an outer perimeter or boundary with the area equal to the product of the common length (L) and the common width (W) and further overlap within the dielectric layer (36) and used to pattern the trenches (38, 40, and 42), and therefore, the electrodes and capacitor dielectrics have the same area and the same footprint projected on to top surface of the dielectric layer (20) (ZHANG, [0017-0018]). Though PARK as modified by WON, HUANG and ZHANG teaches a method comprising: forming a metal-insulator-metal capacitor over the etch stop layer (or buffer layer), the metal-insulator-metal capacitor comprising a bottom plate over etch stop layer (or buffer layer) with either interlayer insulation layer or dielectric layer in between the MIM capacitor and the etch stop layer, PARK as modified by WON, HUANG and ZHANG does not disclose a method comprising: forming a metal-insulator-metal capacitor over the etch stop layer, the metal-insulator-metal capacitor comprising a bottom plate over etch stop layer (i.e. MIM capacitor layer directly on the etch stop layer as exhibited by the Figure 10 of the instant application). HUNG teaches in Figure 2D, a method (Fig. 1, 100, flow chart of an exemplary method for forming a semiconductor device, [0006]) comprising: forming a metal-insulator-metal capacitor (Fig. 2C, 200-1, MIM capacitor, [0022]; Fig. 2D, 236-238-224; bottom metal plate-capacitor dielectric layer-top metal plate [0022-0023]) over the etch stop layer (Fig. 2D, 206), the metal-insulator-metal capacitor comprising a bottom plate (Fig. 2D, 236, bottom metal plate) over etch stop layer (Fig. 2D, 236, bottom metal plate over 206, etch stop layer). Therefore, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention (AIA ) to have PARK as modified by WON, HUANG and ZHANG to incorporate the teachings of HUNG such that a method, comprising: forming a metal-insulator-metal capacitor over the etch stop layer, the metal-insulator-metal capacitor comprising a bottom plate over etch stop layer, so that the first metal layer (208) is disposed over the first etch stop layer (206); the dummy capacitor dielectric layer (210) is disposed over the first metal layer (208); the second metal layer (212) is disposed over the dummy capacitor dielectric layer (210) to form a MIM capacitor (200-1) of a semiconductor device that can be used in various radio frequency (RF) circuits, in dynamic random-access memory cells and high-power microprocessor units (HUNG, Fig. 2C, [0002], [0017]). Regarding Claim 17, PARK as modified by WON, HUANG, ZHANG and HUNG, PARK further teaches in Figures 7A-7G, a method ([0046]) of claim 16, wherein the forming of the metal-insulator-metal capacitor (annotated Figure 7E) comprises: depositing a first conductive layer (Fig. 7A, EL1, first electrode layer, [0024]) on the etch stop layer (121, buffer insulation layer); patterning (Fig. 7B, MP1, first mask pattern, [0049]) the first conductive layer (Fig. 7A, EL1, first electrode layer, [0024]) to form a conductive feature (Fig. 7B, 201, first electrode, [0024], [0049]) over the first lower contact feature (113, lower wiring layer) and the bottom plate (201, first electrode, [0024]) over the second lower contact feature (115, lower wiring layer) depositing the first insulator layer (Fig. 7C, 203, first dielectric layer) over the workpiece (Fig. 1, 100, substrate); forming a middle plate (Fig. 7E, EL2/205, second electrode layer, [0026]) over the first insulator layer (203, first dielectric layer), the middle plate (205, second electrode, [0026]) being vertically overlapped (annotated Figure 7E) with the first lower contact feature (113, lower wiring layer); depositing a second insulator layer (Fig. 7E, 207, second dielectric layer) over the workpiece (Fig. 1, 100, substrate); and forming a top plate (Fig. 7E, EL3/209, third electrode layer, [0028]) over the second insulator layer (Fig. 7E, 207, second dielectric layer), the top plate (209, third electrode, [0028]) being vertically overlapped (annotated Fig. 7E, [0028]) with the second lower contact feature (115, lower wiring layer). WON further teaches a buffer insulation layer, 120 is provided as an etch stop layer. HUANG further teaches depositing a first conductive layer (Fig. 1A, 220, bottom electrode layer, [0018]) on the etch stop layer (Fig. 2H, 216). PNG media_image4.png 856 1048 media_image4.png Greyscale Regarding Claim 18, PARK as modified by WON, HUANG, ZHANG and HUNG, ZHANG further teaches in Figures 3-6, a method (Figs. 1-7, processing method for a device structure at successive fabrication stages, [0007]) of claim 17, wherein the forming of the first contact via (Fig. 7, 62/68, conductive wiring features/conductive vias [0026]) and the second contact via (Fig. 7, 62/66, conductive wiring features/conductive vias [0026]) comprises: performing a first etching process (patterned with lithography and etching processes, [0018-0022]) to form a first via opening (Fig. 6, 54, via opening, [0018-0022]) extending through both the middle plate (Fig. 6, 26, patterned layer, [0016]) and the conductive feature (Fig. 2, 32, patterned layers, [0020]) and stop on the etch stop layer (annotated Figure 6; not shown the trench only up to the top layer of capping layer 18, but it is obvious to etch up to the top surface and the Figure 4 shows penetration of the caping layer further), and a second via opening (Fig. 6, 48, via opening, [0018-0022]) extending through both the top plate (Fig. 6, 30, patterned layer, [0016]) and the bottom plate (Fig. 6, 22, patterned layer, [0016]) and stop on the etch stop layer (annotated Figure 6; not shown the trench only up to the top layer of capping layer 18, but it is obvious to etch up to the top surface and the Figure 4 shows penetration of the caping layer further); performing a second etching process (patterned with lithography and etching processes, [0018-0022]) to extend the first via opening (Fig. 6, 54, via opening, [0018-0022]) and the second via opening (Fig. 6, 48, via opening, [0018-0022]), thereby exposing the first lower contact feature and the second lower contact feature (Fig. 6, 14, conductive wiring features; annotated Figure 6); forming the first contact via (Fig. 7, 62/68, conductive wiring features/conductive vias [0026]) in the extended first via opening (Fig. 6, 54, via opening, [0018-0022]); and forming the second contact via (Fig. 7, 62/66, conductive wiring features/conductive vias [0026]) in the extended second via opening (Fig. 6, 48, via opening, [0018-0022]). PNG media_image2.png 656 879 media_image2.png Greyscale HUANG further teaches that the forming of a dielectric layer over the etch stop layer (Fig. 2H, 216), the via openings exposing the etch stop layer (Fig. 2H, 216) and removing the portions of the etch stop layer (Fig. 2H, 216) to expose the contact features (Fig. 2H, 214, metal material). Regarding Claim 19, PARK as modified by WON, HUANG, ZHANG and HUNG, ZHANG further teaches in Figures 3-6, a method (Figs. 1-7, processing method for a device structure at successive fabrication stages, [0007]) of claim 18, wherein the workpiece (Fig. 1, BEOL Interconnect structure, [0010]) further comprises a third lower contact feature (Figs. 6-7, 14, conductive wiring features; annotated Figure 7) formed in the first dielectric layer (Fig. 1, 20, dielectric layer, [0010]) and spaced apart from the second lower contact feature (Figs. 6-7, 14, conductive wiring features; annotated Figure 7) along a first direction (annotated Figure 7), wherein the top plate (Fig. 2, 30, patterned layer, [0011]) is not vertically overlapped (annotated Figure 7) with the third lower contact feature (Figs. 6-7, 14, conductive wiring features; annotated Figure 7). PNG media_image5.png 732 886 media_image5.png Greyscale HUANG further teaches in Figure 2D, a method (Fig. 1, 100, flow chart of an exemplary method for forming a semiconductor device, [0006]) of claim 18, wherein the workpiece (Fig. Fig. 2H, 500B, MIM capacitor structure) further comprises a third lower contact feature (Fig. 2H, 214, metal material, [0015]) formed in the first dielectric layer (Fig. 2H, 210, dielectric layer, [0012]). Regarding Claim 20, PARK as modified by WON, HUANG, ZHANG and HUNG, PARK further teaches in Figures 7A-7G, a method ([0046]) of claim 19, further comprising: after the forming of the top plate (209, third electrode, [0028]), performing an etching process ([0060]) to remove portions of the second insulator layer (207, second dielectric layer) and the first insulator layer (203, first dielectric layer) over the third lower contact feature (117, lower wiring layer); and forming a third contact via (Fig. 6, 225, upper wiring layer) penetrating the second dielectric layer (211, interlayer insulation layer) to contact the third lower contact feature (117, lower wiring layer). Regarding Claim 21, PARK teaches in Figure 7G, a method ([0046]), comprising: forming a first lower contact feature (113, lower wiring layer), a second lower contact feature (115, lower wiring layer), and a third lower contact feature (117, lower wiring layer) in a dielectric layer (111, interlayer insulation layer); depositing an etch stop layer (121, buffer insulation layer) on the first lower contact feature (113, lower wiring layer), the second lower contact feature (115, lower wiring layer), and the third lower contact feature (117, lower wiring layer); forming a bottom conductor plate (201, first electrode, [0024]) over the first lower contact feature (113, lower wiring layer); after the forming of the bottom conductor plate (113, lower wiring layer), conformally depositing a first insulation layer (203, first dielectric layer) over the first dielectric layer (111, interlayer insulation layer); forming a middle conductor plate (205, second electrode, [0026]) over the first insulation layer (203, first dielectric layer) and the second lower contact feature (115, lower wiring layer); after the forming of the middle conductor plate (205, second electrode, [0026]), conformally depositing a second insulation layer (207, second dielectric layer) over the first dielectric layer (111, interlayer insulation layer); forming a top conductor plate (209, third electrode, [0028]) over the second insulation layer (207, second dielectric layer) and the first lower contact feature (113, lower wiring layer). after the forming of the top conductor plate (209, third electrode, [0028]), performing an etching process ([0060]) to remove portions of the first insulation layer (203, first dielectric layer) and the second insulation layer (207, second dielectric layer) extended over the third lower contact feature (117, lower writing layer). Although the primary reference, PARK does not expressly refer to the buffer insulation layer, 121 as an etch stop layer, a buffer layer functions inherently as an etch stop layer because it functions to buffer or protect the underneath contact features, during an etch process; therefore, it meets the claim limitation of an etch stop layer. WON teaches in paragraph [0050] that the first buffer layer, 120 is provided as an etch stop layer during a subsequent etching process. Therefore, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention (AIA ) to have modified PARK to incorporate the teachings of WON such that the buffer layer, 120 is provided as an etch stop layer, so that it serves as a reinforcing film for suppressing cracks of a dielectric film (WON, Fig. 9, [0050]). Though PARK and WON refers the buffer insulation layer in place of etch stop layer, but does not explicitly disclose a method comprising: depositing an etch stop layer on the first lower contact feature, the second lower contact feature, and the third lower contact feature. HUANG teaches a method comprising: depositing an etch stop layer (Fig. 2H, 216) on the first lower contact feature (Fig. 2H, 214, metal material), the second lower contact feature (Fig. 2H, 214, metal material), and the third lower contact feature (Fig. 2H, 214, metal material). Therefore, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention (AIA ) to have PARK as modified by WON to incorporate the teachings of HUANG such that a method comprising: depositing an etch stop layer on the first lower contact feature, the second lower contact feature, and the third lower contact feature so that the etch stop layer, 216 serve as via portions of the RDL structures, 250A, 250B and 250C (HUANG, Fig. 2H, [0035]). PARK as modified by WON, and HUANG does not explicitly disclose a method comprising: performing an etching process to remove portions of the first insulation layer and the second insulation layer extended over the third contact feature. ZHANG teaches in Figures 1-2, a method (Figs. 1-7, processing method for a device structure at successive fabrication stages, [0007]) comprising: performing an etching process (Fig. 2, 34, a single etch mask patterning, [0015-0017]) to remove portions (unmasked regions of layers 22/24/26/28/30 are removed with a n etching process, [0015]) of the first insulation layer (Fig. 2, 24, patterned dielectric layer, [0016]) and the second insulation layer (Fig. 2, 28, patterned dielectric layer, [0016]) extended over the third contact feature (Fig. 2, 14, conductive wiring feature; annotated Figure 2). Therefore, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention (AIA ) to have PARK as modified by WON, and HUANG to incorporate the teachings of ZHANG such that a method comprising: performing an etching process to remove portions of the first insulation layer and the second insulation layer extended over the third contact feature, so that each of the patterned/etched layers (22, 24, 26, 28, 30) in the layer stack has the same sidewall, (31) as an outer perimeter or boundary (ZHANG, Figure 2, [0015-0017]). Though PARK as modified by WON, HUANG and ZHANG teaches a method comprising: forming a metal-insulator-metal capacitor over the etch stop layer (or buffer layer), the metal-insulator-metal capacitor comprising a bottom plate over etch stop layer (or buffer layer) with either interlayer insulation layer or dielectric layer in between the MIM capacitor and the etch stop layer, PARK as modified by WON, HUANG and ZHANG does not disclose a method comprising: forming a metal-insulator-metal capacitor over the etch stop layer, the metal-insulator-metal capacitor comprising a bottom plate over etch stop layer (i.e. MIM capacitor layer directly on the etch stop layer as exhibited by the Figure 10 of the instant application). HUNG teaches in Figure 2D, a method (Fig. 1, 100, flow chart of an exemplary method for forming a semiconductor device, [0006]) comprising: forming a metal-insulator-metal capacitor (Fig. 2C, 200-1, MIM capacitor, [0022]; Fig. 2D, 236-238-224; bottom metal plate-capacitor dielectric layer-top metal plate [0022-0023]) over the etch stop layer (Fig. 2D, 206), the metal-insulator-metal capacitor comprising a bottom plate (Fig. 2D, 236, bottom metal plate) over etch stop layer (Fig. 2D, 236, bottom metal plate over 206, etch stop layer). Therefore, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention (AIA ) to have PARK as modified by WON, HUANG and ZHANG to incorporate the teachings of HUNG such that a method, comprising: forming a metal-insulator-metal capacitor over the etch stop layer, the metal-insulator-metal capacitor comprising a bottom plate over etch stop layer, so that the first metal layer (208) is disposed over the first etch stop layer (206); the dummy capacitor dielectric layer (210) is disposed over the first metal layer (208); the second metal layer (212) is disposed over the dummy capacitor dielectric layer (210) to form a MIM capacitor (200-1) of a semiconductor device that can be used in various radio frequency (RF) circuits, in dynamic random-access memory cells and high-power microprocessor units (HUNG, Fig. 2C, [0002], [0017]). Regarding Claim 22, PARK as modified by WON, HUANG, ZHANG and HUNG, PARK further teaches in Figure 7G, a method ([0046]), of claim 21, wherein, after the performing the etching process ([0060]), of the first insulation layer (203, first dielectric layer), the second insulation layer (203, first dielectric layer) and the bottom conductor plate (201, first electrode, [0024]) of MIM structure (annotated Figure 7G). PNG media_image3.png 864 1065 media_image3.png Greyscale ZHANG further teaches in Figures 2, and 3, the method (Figs. 1-7, processing method for a device structure at successive fabrication stages, [0007]), wherein, after the performing of the etching process (Fig. 2, 34, single etch mask, [0017]), sidewall surfaces (Fig. 2, 31, same sidewall, [0017]) of the first insulation layer (Fig. 2, 24) and the second insulation layer (Fig. 2, 28) are vertically aligned (Fig. 2A, arrow pointing up) with a sidewall surface of the bottom conductor plate (Fig. 2, 22, conductive material layer, [0012]). Regarding Claim 23, PARK as modified by WON, HUANG, ZHANG and HUNG, PARK further teaches in Figure 7G, a method ([0046]), of claim 21, wherein an entirety of a top surface (annotated Figure 7G) of the top conductor plate (209, third electrode, [0028]) is above a topmost surface (annotated Figure 7G) of the second insulation layer (211, interlayer insulation layer). PNG media_image6.png 866 1068 media_image6.png Greyscale Regarding Claim 24, PARK as modified by WON, HUANG, ZHANG and HUNG, PARK further teaches in Figure 7G, a method ([0046]), of claim 23, wherein a distance between the first lower contact feature (113, lower wiring layer) and the third lower contact feature (117, lower wiring layer) is greater than a distance (annotated Figure 7G) between the bottom conductor plate (201, first electrode, [0024]) and the third lower contact feature (117, lower wiring layer). PNG media_image7.png 1020 1074 media_image7.png Greyscale Regarding Claim 25, PARK as modified by WON, HUANG, ZHANG and HUNG, ZHANG further teaches in Figures 3-6, a method (Figs. 1-7, processing method for a device structure at successive fabrication stages, [0007] of claim 23, wherein the etching process (patterned with lithography and etching processes, [0018-0022]) is a first etching process, and the method further comprises: after the performing of the first etching process (Fig. 2, 34, single etch mask, patterned with lithography and etching processes, [0017-0022]), forming a second dielectric layer (Fig. 3, 36, [0018]) over the etch stop layer (Fig. 3, 18, caping layer, [0018]) and the top conductor plate (Fig. 3, 30, patterned layer, [0017]); performing a second etching process (patterned with lithography and etching processes, [0018-0022]) to form a first via opening (Fig. 6, 54, via opening, [0018-0022]) and a second via opening (Fig. 6, 48, via opening, [0018-0022]) each extending through the second dielectric layer (Fig. 3, 36, [0018]), the first via opening and the second via opening each exposing the etch stop layer (Fig. 3, 18, caping layer, [0018]; annotated Figure 6; not shown the trench only up to the top layer of capping layer 18, but it is obvious to etch up to the top surface and the Figure 4 shows penetration of the caping layer further); PNG media_image2.png 656 879 media_image2.png Greyscale performing a third etching process (patterned with lithography and etching processes, [0018-0022]) to remove portions of the etch stop layer (Fig. 3, 18, caping layer, [0018]) exposed by the first via opening (Fig. 6, 54, via opening, [0018-0022]) and the second via opening (Fig. 6, 48, via opening, [0018-0022]), thereby exposing the first lower contact feature and the second lower contact feature, respectively (Fig. 6, 14, conductive wiring features; annotated Figure 6; and forming a first via (Fig. 8, 68, conductive via) and a second via (Fig. 8, 66, conductive via) in the first via opening (Fig. 6, 54, via opening) and the second via opening (Fig. 6, 48, via opening), respectively. HUANG further teaches that the forming of a dielectric layer over the etch stop layer (Fig. 2H, 216), the via openings exposing the etch stop layer (Fig. 2H, 216) and removing the portions of the etch stop layer (Fig. 2H, 216) to expose the contact features (Fig. 2H, 214, metal material). Regarding Claim 26, PARK as modified by WON, HUANG, ZHANG and HUNG, ZHANG further teaches in Figures 3-6, a method (Figs. 1-7, processing method for a device structure at successive fabrication stages, [0007] of claim 25, comprising: forming a third via (Fig. 8, 64, conductive via) extending through the second dielectric layer (Fig. 8, 36, dielectric layer) and the etch stop layer (Fig. 8, 18, capping layer) to physically contact the third lower contact feature (Fig. 6, 14, conductive wiring features; annotated Figure 6). HUANG further teaches that the forming a third via (Fig. 2H, 264C, openings) extending through the second dielectric layer (Fig. 2H, 246) and the etch stop layer (Fig. 2H, 216) to physically contact the third lower contact feature (Fig. 2H, 214, metal material). Regarding Claim 27, PARK as modified by WON, HUANG, ZHANG and HUNG, PARK further teaches in Figure 7G, a method ([0046]), of claim 26, wherein, in a top view (Fig. 1), the third lower contact feature (Figs. 1/7G, CP3/117, third contact plug/lower wiring layer) extends lengthwise along a first direction (annotated Figure 1), the third lower contact feature (Figs. 1/7, CP3/117, third contact plug/lower wiring layer) is disposed laterally adjacent to the first lower contact feature (Figs. 1/7G, CP1/113, first contact plug/lower wiring layer) along a second direction (annotated Figure 1) that is substantially perpendicular (annotated Figure 1) to the first direction (annotated Figure 1). PNG media_image8.png 974 1073 media_image8.png Greyscale Regarding Claim 28, PARK as modified by WON, HUANG, ZHANG and HUNG, PARK further teaches in Figure 7G, a method ([0046]), of claim 26, wherein, in the top view (Fig. 1), a length of the first lower contact feature (Figs. 1/7G, CP1/113, first contact plug/lower wiring layer) is less than (annotated Figure 1) a length of the third lower contact feature (Figs. 1/7G, CP3/117, third contact plug/lower wiring layer). PNG media_image9.png 905 1068 media_image9.png Greyscale Regarding Claim 29, PARK as modified by WON, HUANG, ZHANG and HUNG, PARK further teaches in Figure 7G, a method ([0046]), of claim 25, further comprising: forming a dummy conductor plate (Figs. 7A/7B, EL1, first electrode layer, [0024]) during the forming of the bottom conductor plate (201, first electrode, [0024]), wherein the second via (Fig. 7B, H1/H5, first hole/fifth hole) further extends through the dummy conductor plate (Figs. 7A/7B, EL1, first electrode layer, [0024]). Regarding Claim 30, PARK teaches in Figure 7G, a method ([0046]), comprising: forming a first lower contact feature (113, lower wiring layer), a second lower contact feature (115, lower wiring layer), and a third lower contact feature (117, lower wiring layer) in a first dielectric layer (111, interlayer insulation layer), depositing an etch stop (121, buffer insulation layer) over the first dielectric layer (111, interlayer insulation layer); forming a metal-insulator-metal capacitor (annotated Figure 7G) over the etch stop layer (121, buffer insulation layer), the metal-insulator- metal capacitor (annotated Figure 7G) comprising a bottom conductor plate (201, first electrode, [0024]), a middle conductor plate (205, second electrode, [0026]), and a top conductor plate (209, third electrode, [0028]); forming a second dielectric layer (211, interlayer insulation layer) over the metal-insulator-metal capacitor (annotated Figure 7G); forming a first contact via (Fig. 6. 221, upper wiring layer) in the vertically extended first opening (TH1, through hole) to contact the first lower contact feature (113, lower wiring layer); forming a second contact via (Fig. 6, 223, upper wiring layer) in the vertically extended second opening (TH2, through hole) to contact the second lower contact feature (115, lower wiring layer). Although the primary reference, PARK does not expressly refer to the buffer insulation layer, 121 as an etch stop layer, a buffer layer functions inherently as an etch stop layer because it functions to buffer or protect the underneath contact features, during an etch process; therefore, it meets the claim limitation of an etch stop layer. WON teaches in paragraph [0050] that the first buffer layer, 120 is provided as an etch stop layer during a subsequent etching process. Therefore, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention (AIA ) to have modified PARK to incorporate the teachings of WON such that the buffer layer, 120 is provided as an etch stop layer, so that it serves as a reinforcing film for suppressing cracks of a dielectric film (WON, Fig. 9, [0050]). Though PARK and WON refers the buffer insulation layer in place of etch stop layer, but does not explicitly disclose a method comprising: depositing an etch stop layer on the first dielectric layer. HUANG teaches a method comprising: depositing an etch stop layer (Fig. 2H, 216) on the first dielectric layer (Fig. 2H, 210). Therefore, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention (AIA ) to have PARK as modified by WON to incorporate the teachings of HUANG such that a method comprising: depositing an etch stop layer on the first dielectric layer so that the etch stop layer, 216 serve as via portions of the RDL structures, 250A, 250B and 250C (HUANG, Fig. 2H, [0035]). PNG media_image3.png 864 1065 media_image3.png Greyscale PARK as modified by WON and HUANG, PARK does not explicitly disclose, a method comprising: performing a first etching process to form a first opening a and a second opening each extending through the second dielectric layer and the metal-insulator-metal capacitor, wherein the performing of the first etching process further forms a third opening spaced apart from each layer of the metal-insulator-metal capacitor, wherein each of the first opening and the second opening exposes a portion of a top surface of the etch stop layer; performing a second etching process to vertically extend the first opening, the second opening, and the third opening, thereby exposing the first lower contact feature, the second lower contact feature, and the third lower contact feature, respectively; forming a first contact via in the vertically extended first opening to contact the first lower contact feature; forming a second contact via in the vertically extended second opening to contact the second lower contact feature. ZHANG teaches in Figures 3-6, a method (Figs. 1-7, processing method for a device structure at successive fabrication stages, [0007]) comprising: performing a first etching process (patterned with lithography and etching processes, [0018-0022]) to form a first opening (Fig. 6, 54, via opening, [0018-0022]) and a second opening (Fig. 6, 48, via opening, [0018-0022]) each extending through the second dielectric layer (Fig. 6, 36, [0018-0022]) and the metal-insulator-metal capacitor (Fig. 2, 32, patterned layers, [0020]) wherein the performing of the first etching process further forms a third opening (Fig. 6, 46, via opening, [0018-0022]) spaced apart from each layer of the metal-insulator-metal capacitor (annotated Figure 6), wherein each of the first opening and the second opening exposes a portion of a top surface of the etch stop layer (annotated Figure 6; not shown the trench only up to the top layer of capping layer 18, but it is obvious to etch up to the top surface and the Figure 4 shows penetration of the caping layer further); performing a second etching process (patterned with lithography and etching processes, [0018-0022]) to vertically extend the first opening (Fig. 6, 54, via opening, [0018-0022]), the second opening (Fig. 6, 48, via opening, [0018-0022]), and the third opening (Fig. 6, 46, via opening, [0018-0022]), thereby exposing the first lower contact feature, the second lower contact feature, and the third lower contact feature (Fig. 6, 14, conductive wiring features; annotated Figure 6), respectively; forming a first contact via (Fig. 7, 62/68, conductive wiring features/conductive vias [0026]) in the vertically extended first opening (Fig. 6, 54, via opening, [0018-0022]) to contact the first lower contact feature (Figs. 6-7, 14, conductive wiring features; annotated Figure 6); forming a second contact (Fig. 7, 62/66, conductive wiring features/conductive vias [0026]) via in the vertically extended second opening (Fig. 6, 48, via opening, [0018-0022]) to contact the second lower contact feature (Figs. 6-7, 14, conductive wiring features; annotated Figure 6). PNG media_image2.png 656 879 media_image2.png Greyscale Therefore, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention (AIA ) to have PARK as modified by WON, and HUANG to incorporate the teachings of ZHANG such that a method comprising: performing a first etching process to form a first opening a and a second opening each extending through the second dielectric layer and the metal-insulator-metal capacitor, wherein the performing of the first etching process further forms a third opening spaced apart from each layer of the metal-insulator-metal capacitor, wherein each of the first opening and the second opening exposes a portion of a top surface of the etch stop layer; performing a second etching process to vertically extend the first opening, the second opening, and the third opening, thereby exposing the first lower contact feature, the second lower contact feature, and the third lower contact feature, respectively; forming a first contact via in the vertically extended first opening to contact the first lower contact feature; forming a second contact via in the vertically extended second opening to contact the second lower contact feature. The aforementioned arrangement of MIM capacitor structure with a first electrode, a second electrode and a third electrode, further includes a conductive via in a via opening extending vertically through the layer stack, for the formation of a semiconductor structure that includes metal-insulator-metal (MIM) capacitor (ZHANG, [0001-0005]). Though PARK as modified by WON, HUANG and ZHANG teaches a method comprising: forming a metal-insulator-metal capacitor over the etch stop layer (or buffer layer), the metal-insulator-metal capacitor comprising a bottom plate over etch stop layer (or buffer layer) with either interlayer insulation layer or dielectric layer in between the MIM capacitor and the etch stop layer, PARK as modified by WON, HUANG and ZHANG does not disclose a method comprising: forming a metal-insulator-metal capacitor over the etch stop layer, the metal-insulator-metal capacitor comprising a bottom plate over etch stop layer (i.e. MIM capacitor layer directly on the etch stop layer as exhibited by the Figure 10 of the instant application). HUNG teaches in Figure 2D, a method (Fig. 1, 100, flow chart of an exemplary method for forming a semiconductor device, [0006]) comprising: forming a metal-insulator-metal capacitor (Fig. 2C, 200-1, MIM capacitor, [0022]; Fig. 2D, 236-238-224; bottom metal plate-capacitor dielectric layer-top metal plate [0022-0023]) over the etch stop layer (Fig. 2D, 206), the metal-insulator-metal capacitor comprising a bottom plate (Fig. 2D, 236, bottom metal plate) over etch stop layer (Fig. 2D, 236, bottom metal plate over 206, etch stop layer). Therefore, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention (AIA ) to have PARK as modified by WON, HUANG and ZHANG to incorporate the teachings of HUNG such that a method, comprising: forming a metal-insulator-metal capacitor over the etch stop layer, the metal-insulator-metal capacitor comprising a bottom plate over etch stop layer, so that the first metal layer (208) is disposed over the first etch stop layer (206); the dummy capacitor dielectric layer (210) is disposed over the first metal layer (208); the second metal layer (212) is disposed over the dummy capacitor dielectric layer (210) to form a MIM capacitor (200-1) of a semiconductor device that can be used in various radio frequency (RF) circuits, in dynamic random-access memory cells and high-power microprocessor units (HUNG, Fig. 2C, [0002], [0017]). Regarding Claim 31, PARK as modified by WON, HUANG, ZHANG, and HUNG, PARK further teaches in Figure 7G, a method ([0046]), of claim 30, further comprising: during the forming of the metal-insulator-metal capacitor (annotated Figure 7G (above), forming a dummy conductor plate (Figs. 7A/7B, EL1, first electrode layer, [0024]) physically isolated from the bottom conductor plate (201, first electrode, [0024]), wherein the dummy conductor plate (Fig. 7A, EL1, first electrode layer, [0024]) and the bottom conductor plate (201, first electrode, [0024]) are formed simultaneously (Figs. 7A-7G). Regarding Claim 32, PARK as modified by WON, HUANG, ZHANG, and HUNG, PARK further teaches in Figure 7G, a method ([0046]), of claim 31, wherein the first via (Fig. 7B, H1/H5, first hole/fifth hole) extends through the dummy conductor plate (Figs. 7A/7B, EL1, first electrode layer, [0024]). Regarding Claim 33, PARK as modified by WON, HUANG, ZHANG, and HUNG, PARK further teaches in Figure 7G, a method ([0046]), of claim 31, wherein the metal-insulator-metal capacitor (annotated Figure 7G (above)) further comprises a first insulation layer (203, first dielectric layer) disposed between the bottom conductor plate (201, first electrode, [0024]) and the middle conductor plate (205, second electrode, [0026]) and a second insulation layer (207, second dielectric layer) disposed between the middle conductor plate (205, second electrode, [0026]) and the top conductor plate (209, third electrode, [0028]). Regarding Claim 34, PARK as modified by WON, HUANG, ZHANG, and HUNG, PARK further teaches in Figure 7G, a method ([0046]), of claim 33, further comprising: removing portions of the first insulation layer (203, first dielectric layer) and the second insulation layer (207, second dielectric layer), that extends from the second lower contact feature (115, lower wiring layer) to the third lower contact feature (117, lower wiring layer). Regarding Claim 35, PARK as modified by WON, HUANG, ZHANG, and HUNG, ZHANG further teaches in Figure 7, a method (Figs. 1-7, processing method for a device structure at successive fabrication stages, [0007]), of claim 34, further comprising: forming a third contact via (Fig. 7, 62/64, conductive wiring features/conductive vias [0026]) in the vertically extended third opening (Fig. 6, 46, via opening, [0018-0022]) to contact the third lower contact feature (Figs. 6-7, 14, conductive wiring features; annotated Figure 7), wherein the third contact via (Fig. 7, 64, [0026]) is physically spaced apart (annotated Figure 7) from the first insulation (Fig. 7, 24, [0013]) layer and the second insulation layer (Fig. 7, 28, [0013]) by the second dielectric layer (Fig. 7, 36, [0018]). PNG media_image10.png 693 868 media_image10.png Greyscale Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 10290701 B1 – Figures 1 and 2 STATEMENT OF RELEVANCE – Flow chart representing a method of manufacturing a MIM capacitor. US 20200403105 A1 – Figure 2 STATEMENT OF RELEVANCE – etching operation to form holes corresponding to conductive vias. 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 SESHA SAIRAMAN SRINIVASAN whose telephone number is (703)756-1389. The examiner can normally be reached Monday-Friday 7:30 AM -5:30 PM. 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, Christine S. Kim can be reached at 571-272-8458. 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 informatio
Read full office action

Prosecution Timeline

Jun 03, 2022
Application Filed
Mar 04, 2024
Response after Non-Final Action
Mar 03, 2025
Non-Final Rejection — §103
Jun 16, 2025
Response Filed
Sep 16, 2025
Final Rejection — §103
Dec 04, 2025
Response after Non-Final Action
Dec 19, 2025
Request for Continued Examination
Jan 13, 2026
Response after Non-Final Action
Apr 06, 2026
Non-Final Rejection — §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12598923
METHOD FOR PRODUCING A SEMICONDUCTOR STRUCTURE COMPRISING AN INTERFACE REGION INCLUDING AGGLOMERATES
2y 5m to grant Granted Apr 07, 2026
Patent 12593667
METHOD OF FABRICATING VOID-FREE CONDUCTIVE FEATURE OF SEMICONDUCTOR DEVICE
2y 5m to grant Granted Mar 31, 2026
Patent 12593663
MANUFACTURING METHOD OF GATE STRUCTURE
2y 5m to grant Granted Mar 31, 2026
Patent 12588249
INTEGRATED CIRCUIT DEVICES INCLUDING A CROSS-COUPLED STRUCTURE
2y 5m to grant Granted Mar 24, 2026
Patent 12581701
DEVICE WITH DUAL ISOLATION STRUCTURE
2y 5m to grant Granted Mar 17, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

AI Strategy Recommendation

Get an AI-powered prosecution strategy using examiner precedents, rejection analysis, and claim mapping.
Powered by AI — typically takes 5-10 seconds

Prosecution Projections

3-4
Expected OA Rounds
68%
Grant Probability
99%
With Interview (+52.9%)
3y 7m
Median Time to Grant
High
PTA Risk
Based on 28 resolved cases by this examiner. Grant probability derived from career allow 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