Prosecution Insights
Last updated: July 17, 2026
Application No. 17/901,346

METHOD FOR MANUFACTURING AN INTEGRATED CIRCUIT

Non-Final OA §103
Filed
Sep 01, 2022
Priority
Sep 02, 2021 — FR 2109178
Examiner
AU, BAC H
Art Unit
2898
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
COMMISSARIAT À L'ÉNERGIE ATOMIQUE ET AUX ÉNERGIES ALTERNATIVES
OA Round
3 (Non-Final)
81%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
92%
With Interview

Examiner Intelligence

Grants 81% — above average
81%
Career Allowance Rate
673 granted / 832 resolved
+12.9% vs TC avg
Moderate +11% lift
Without
With
+11.0%
Interview Lift
resolved cases with interview
Typical timeline
2y 4m
Avg Prosecution
22 currently pending
Career history
861
Total Applications
across all art units

Statute-Specific Performance

§101
0.4%
-39.6% vs TC avg
§103
80.8%
+40.8% vs TC avg
§102
11.5%
-28.5% vs TC avg
§112
1.5%
-38.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 832 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 . 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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 May 12, 2026, has been entered. Response to Amendment Applicant’s amendment dated April 13, 2026 in which claims 1 and 12 were amended, has been entered. Claim Rejections - 35 USC § 103 The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action: A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made. Claim(s) 12-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shank (U.S. Pat. 9922973) in view of Botula (U.S. Pub. 2012/0038024). Regarding claim 12, Shank [Fig.2] discloses an integrated circuit comprising: a multilayer structure comprising: a substrate [12] formed from a semiconductor material having a resistivity greater than or equal to 500 Ω.cm [Col.2 line 60 – col.3 line 7]; a dielectric layer [16] disposed on the substrate; trenches [24] extending through the dielectric layer to the substrate; first cavities [24a] extending in the substrate; and a mobile electrical charge-trapping layer [22] made of polycrystalline silicon (polysilicon) [Col.5 line 61 – col.6 line 3] lining walls of the first cavities arranged in the substrate; passive components [32a,34] disposed on the multilayer structure, vertically with respect to the first cavities [24a]. Shank fails to explicitly disclose first cavities [24a] extending in the substrate, from the interface between the substrate and the dielectric layer; and the mobile electrical charge-trapping layer [22] entirely filling the trenches [24], thus closing the first cavities in the substrate. However, Botula [Figs.19-24] discloses an integrated circuit comprising: first cavities [155] extending in the substrate, from the interface between the substrate [15] and the dielectric layer [20] [Fig.23]; and the mobile electrical charge-trapping layer [50] entirely filling the trenches [22], thus closing the first cavities in the substrate. It would have been obvious to provide the dielectric layer above the substrate and the trench extending through the dielectric layer as claimed, since it has been held that applying a known technique to a known process in order to yield predictable results would have been obvious. Further, it would have been obvious to try one of the known methods with a reasonable expectation of success. KSR International Co. v. Teleflex Inc., 82 USPQ2d 1385 (2007). Regarding claim 13, Shank [Fig.2] discloses an integrated circuit wherein the multilayer structure further comprises: an active layer [14] disposed on the substrate [12]. Shank fails to explicitly disclose an active layer disposed on the dielectric layer; second cavities arranged in the active layer and at least partially filled by the mobile electrical charge-trapping layer. However, Botula [Figs.19-20] discloses an integrated circuit wherein the multilayer structure further comprises: an active layer [25] disposed on the dielectric layer [20]; second cavities [135] arranged in the active layer and at least partially filled by the mobile electrical charge-trapping layer [50] [Para.21]. It would have been obvious to provide the claimed limitations, since it has been held that applying a known technique to a known process in order to yield predictable results would have been obvious. Further, it would have been obvious to try one of the known methods with a reasonable expectation of success. KSR International Co. v. Teleflex Inc., 82 USPQ2d 1385 (2007). Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shank (U.S. Pat. 9922973) in view of Botula (U.S. Pub. 2012/0038024), as applied above and further in view of Herbert (U.S. Pat. 9721833). Regarding claim 14, Botula [Fig.1] discloses the integrated circuit further comprising an active layer [25] made of silicon, wherein the substrate [15], the dielectric layer [20] and the active layer form together a silicon on insulator (SOI) substrate [Para.14]. Adusumilli and Botula fail to explicitly disclose the active layer is made of monocrystalline silicon. However, various forms of silicon are obvious and well-known for use as an active layer in SOI substrates. Herbert discloses an SOI substrate comprises monocrystalline silicon [Col.3 line 58 – col.4 line 2]. It would have been obvious to include wherein the active layer is made of monocrystalline silicon, since it has been held that applying a known technique to a known process in order to yield predictable results would have been obvious. Further, it would have been obvious to try one of the known methods with a reasonable expectation of success. KSR International Co. v. Teleflex Inc., 82 USPQ2d 1385 (2007). Response to Arguments Applicant’s arguments with respect to claim(s) 12 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. Overall, Applicant’s arguments are not persuasive and the claims stand rejected. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to BAC H AU whose telephone number is (571)272-8795. The examiner can normally be reached M-F 9:00AM-6:00PM. 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. /BAC H AU/Primary Examiner, Art Unit 2898
Read full office action

Prosecution Timeline

Sep 01, 2022
Application Filed
Jul 02, 2025
Non-Final Rejection mailed — §103
Oct 02, 2025
Response Filed
Jan 12, 2026
Final Rejection mailed — §103
Apr 13, 2026
Response after Non-Final Action
May 12, 2026
Request for Continued Examination
May 16, 2026
Response after Non-Final Action
Jun 26, 2026
Non-Final Rejection mailed — §103 (current)

Precedent Cases

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

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Prosecution Projections

3-4
Expected OA Rounds
81%
Grant Probability
92%
With Interview (+11.0%)
2y 4m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 832 resolved cases by this examiner. Grant probability derived from career allowance rate.

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