Prosecution Insights
Last updated: August 18, 2026
Application No. 17/961,172

SEMICONDUCTOR DEVICE

Non-Final OA §103
Filed
Oct 06, 2022
Priority
Feb 25, 2022 — RE 10-2022-0025542
Examiner
KOO, LAMONT B
Art Unit
2813
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Samsung Electronics Co., Ltd.
OA Round
3 (Non-Final)
80%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
86%
With Interview

Examiner Intelligence

Grants 80% — above average
80%
Career Allowance Rate
447 granted / 555 resolved
+12.5% vs TC avg
Moderate +5% lift
Without
With
+5.2%
Interview Lift
resolved cases with interview
Typical timeline
2y 6m
Avg Prosecution
32 currently pending
Career history
607
Total Applications
across all art units

Statute-Specific Performance

§103
65.3%
+25.3% vs TC avg
§102
27.9%
-12.1% vs TC avg
§112
6.7%
-33.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 555 resolved cases

Office Action

§103
DETAILED ACTION The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Applicant's response to the Office Final Action filed on 6/1/2026 is acknowledged. Applicant amended claims 1, 2, 8, 11, 13, 15, 16, 19, and 20. 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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 6/30/2026 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 of this title, 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 and 4-14 are rejected under 35 U.S.C. 103 as being unpatentable over Kwon et al. (US 2018/0315667) (hereafter Kwon), in view of Bao et al. (US 2023/0154996) (hereafter Bao). Regarding claim 1, Kwon discloses a semiconductor device, comprising: a first active pattern (101 of PFET in Fig. 9, paragraph 0029) and a second active pattern (101 of NFET in Fig. 9, paragraph 0029) respectively on a first region (region where PFET is formed in Fig. 9) and a second region (region where NFET is formed in Fig. 9) of a substrate 100 (Fig. 9, paragraph 0029); a first channel pattern (102 of PFET in Fig. 9, paragraph 0030) on the first active pattern (101 of PFET in Fig. 9), the first channel pattern (102 of PFET in Fig. 9) including first semiconductor patterns (102 of PFET in Fig. 9) stacked to be spaced apart from each other; a second channel pattern (102 of NFET in Fig. 9, paragraph 0030) on the second active pattern (101 of NFET in Fig. 9), the second channel pattern (102 of NFET in Fig. 9) including second semiconductor patterns (102 of NFET in Fig. 9) stacked to be spaced apart from each other; and a gate electrode (501-503 in Fig. 9) on the first channel pattern (102 of PFET in Fig. 9) and the second channel pattern (102 of NFET in Fig. 9), the gate electrode extending in a first direction (Y direction in Fig. 9), wherein the gate electrode (501-503 in Fig. 9) includes a first outer gate electrode (501-503 of PFET in Fig. 9) and a second outer gate electrode (502-503 of NFET in Fig. 9) on a top surface of an uppermost one of the first semiconductor patterns (102 of PFET in Fig. 9) and a top surface of an uppermost one of the second semiconductor patterns (102 of NFET in Fig. 9), respectively, each of the first outer gate electrode (501-503 of PFET in Fig. 9) and the second outer gate electrode (502-503 of NFET in Fig. 9) including a first metal pattern (lower “TiN” of 502 in Fig. 9; and see paragraph 0053, wherein “second WFM 502 may include TiN/TiAlC/TiN”), a second metal pattern (“TiAlC” of 502 in Fig. 9; and see paragraph 0053, wherein “second WFM 502 may include TiN/TiAlC/TiN”) on the first metal pattern (lower “TiN” of 502 in Fig. 9), and a filling metal pattern 503 (Fig. 9, paragraph 0055) on the second metal pattern (“TiAlC” of 502 in Fig. 9), wherein the first outer gate electrode (501-503 of PFET in Fig. 9) further includes a third metal pattern (501 of PFET in Fig. 9, paragraph 0037) between the first metal pattern (lower “TiN” of 502 in Fig. 9) and the first semiconductor patterns (101 of PFET in Fig. 9), the third metal pattern (501 of PFET in Fig. 9, paragraph 0037, wherein “p-type WFM”) including a p-type work function metal, wherein the second metal pattern (“TiAlC” of 502 in Fig. 9; and see paragraph 0053, wherein “The second WFM 502 may be n-type WFM (NWFM), and may include, for example…titanium aluminum carbide (TiAlC)”) includes an n-type work function metal, a thickness of the first metal pattern (lower “TiN” of 502 in Fig. 9; and see paragraph 0053, wherein “second WFM 502 may include TiN/TiAlC/TiN”) being smaller (see paragraph 0053, wherein “second WFM 502 may include a thin layer which includes a material of the first WFM 501, and a relatively thicker layer which includes a material of the n-type WFM on top of the thin layer”) than a thickness of the second metal pattern (“TiAlC” of 502 in Fig. 9), and wherein the first metal pattern (lower “TiN” of 502 in Fig. 9) and the second metal pattern (“TiAlC” of 502 in Fig. 9) of the first outer gate electrode (501-503 of PFET in Fig. 9) overlap a topmost surface of the third metal pattern (501 of PFET in Fig. 9) in a vertical direction, wherein a topmost surface of the first metal pattern (lower “TiN” of 502 in Fig. 9) of the second outer gate electrode (502-503 of NFET in Fig. 9) is coplanar with a topmost surface of the second metal pattern (“TiAlC” of 502 in Fig. 9) of the second outer gate electrode (502-503 of NFET in Fig. 9). Kwon does not disclose side surfaces of the first metal pattern and the third metal pattern are coplanar in the vertical direction. Bao discloses side surfaces of the first metal pattern (element number is not shown Fig. 13 but see 701 in Fig. 12, paragraph 0043; see “second work function material” in paragraph 0032; and see “multi-layer second work function material” in paragraph 0033) and the third metal pattern (element number is not shown Fig. 13 but see 208 in Fig. 3, paragraph 0036; and see “first work function metal” in paragraph 0033) are coplanar in the vertical direction. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Kwon to form side surfaces of the first metal pattern and the third metal pattern are coplanar in the vertical direction, as taught by Bao, since in a nanosheet structure (Bao, paragraph 0020) having device regions with a narrow distance between nFET and pFET devices (n/p distance), such as Static Random-Access Memory (SRAM) and dense logic regions, a patterning boundary can be extended to open FETs, and for other device regions having larger n/p distances, the patterning boundary can be extended towards the open FETs, and up to the open FETs. Regarding claim 4, Kwon further discloses the semiconductor device as claimed in claim 1, wherein a lowermost level of a top surface of the first outer gate electrode (501-503 of PFET in Fig. 9) is at a substantially same level (see Fig. 9, wherein the lowermost top surface of 501 of PFET below the lowest 102 and the lowermost top surface of 502 of NFET below the lowest 102 are at same level) as a lowermost level of a top surface of the second outer gate electrode (502-503 of NFET in Fig. 9). Regarding claim 5, Kwon further discloses the semiconductor device as claimed in claim 1, wherein the second outer gate electrode (502-503 of NFET in Fig. 9) has a flat top surface. Regarding claim 6, Kwon further discloses the semiconductor device as claimed in claim 1, wherein the first metal pattern (lower “TiN” of 502 in Fig. 9) includes titanium nitride, and a thickness of the first metal pattern (lower “TiN” of 502 in Fig. 9) is smaller (see Fig. 9, wherein horizontal length of a portion of 502 of PFET formed between 501 is smaller than horizontal length of 501 of PFET) than a thickness of the third metal pattern (501 of PFET in Fig. 9). Regarding claim 7, Kwon further discloses the semiconductor device as claimed in claim 6, wherein: the second metal pattern (“TiAlC” of 502 in Fig. 9) includes at least one of aluminum-doped titanium carbide, aluminum-doped tantalum carbide, aluminum-doped vanadium carbide, silicon-doped titanium carbide, and silicon-doped tantalum carbide, and the third metal pattern (501 of PFET in Fig. 9, paragraph 0053, wherein “TiN”) includes at least one of titanium nitride, tantalum nitride, titanium oxynitride, titanium silicon nitride, titanium aluminum nitride, tungsten carbon nitride, and molybdenum nitride. Regarding claim 8, Kwon further discloses the semiconductor device as claimed in claim 1, wherein the topmost surface of the third metal pattern (501 of PFET in Fig. 9) is at a level lower than a topmost surface of the first outer gate electrode (501-503 of PFET in Fig. 9), and wherein the first metal pattern (lower “TiN” of 502 in Fig. 9) contacts the topmost surface of the third metal pattern (501 of PFET in Fig. 9). Regarding claim 9, Kwon further discloses the semiconductor device as claimed in claim 1, wherein a thickness of each of the first metal pattern (lower “TiN” of 502 in Fig. 9) and the second metal pattern (“TiAlC” of 502 in Fig. 9) of the first outer gate electrode (501-503 of PFET in Fig. 9) is substantially equal to a thickness of each of the first metal pattern (lower “TiN” of 502 in Fig. 9) and the second metal pattern (“TiAlC” of 502 in Fig. 9) of the second outer gate electrode (502-503 of NFET in Fig. 9). Regarding claim 10, Kwon further discloses the semiconductor device as claimed in claim 1, wherein: the gate electrode (501-503 in Fig. 9) further includes first inner gate electrodes (501 formed between 102 of PFET in Fig. 9, paragraph 0053) in spaces between the first semiconductor patterns (102 of PFET in Fig. 9), and second inner gate electrodes (502 formed between 102 of NFET in Fig. 9) in spaces between the second semiconductor patterns (102 of NFET in Fig. 9), each of the first inner gate electrodes includes the third metal pattern (501 of PFET in Fig. 9), and each of the second inner gate electrodes (502 formed between 102 of NFET in Fig. 9) includes the first metal pattern (lower “TiN” of 502 in Fig. 9) and the second metal pattern (“TiAlC” of 502 in Fig. 9). Regarding claim 11, Kwon discloses a semiconductor device, comprising: a substrate 100 (Fig. 9, paragraph 0032) including a first region (PFET in Fig. 9) and a second region (NFET in Fig. 9) adjacent to each other in a first direction (Y direction in Fig. 9); a first active pattern (101 of PFET in Fig. 9, paragraph 0029) on the first region (PFET in Fig. 9) and a second active pattern (101 of NFET in Fig. 9, paragraph 0029) on the second region (NFET in Fig. 9); a first channel pattern (102 of PFET in Fig. 9, paragraph 0030) on the first active pattern (101 of PFET in Fig. 9) and a second channel pattern (102 of NFET in Fig. 9, paragraph 0030) on the second active pattern (101 of NFET in Fig. 9), the first channel pattern (102 of PFET in Fig. 9) including first semiconductor patterns (102 of PFET in Fig. 9), which are stacked to be spaced apart from each other, and the second channel pattern (102 of NFET in Fig. 9) including second semiconductor patterns (102 of NFET in Fig. 9), which are stacked to be spaced apart from each other; a gate electrode (501-503 in Fig. 9) crossing the first channel pattern (102 of PFET in Fig. 9) and the second channel pattern (102 of NFET in Fig. 9), the gate electrode extending in the first direction (Y direction in Fig. 9), and the gate electrode (501-503 in Fig. 9) including a first gate portion (501-503 of PFET in Fig. 9) on the first region (PFET in Fig. 9) and a second gate portion (502-503 of NFET in Fig. 9) on the second region (NFET in Fig. 9); and a gate insulating layer 301 (Fig. 9, paragraph 0034) between the gate electrode (501-503 in Fig. 9) and each of the first channel pattern (102 of PFET in Fig. 9) and the second channel pattern (102 of NFET in Fig. 9), wherein each of the first gate portion (501-503 of PFET in Fig. 9) and the second gate portion (502-503 of NFET in Fig. 9) includes a first metal pattern (lower “TiN” of 502 in Fig. 9; and see paragraph 0053, wherein “second WFM 502 may include TiN/TiAlC/TiN”), a second metal pattern (“TiAlC” of 502 in Fig. 9; and see paragraph 0053, wherein “second WFM 502 may include TiN/TiAlC/TiN”) on the first metal pattern (lower “TiN” of 502 in Fig. 9), and a filling metal pattern 503 (Fig. 9, paragraph 0055) on the second metal pattern (“TiAlC” of 502 in Fig. 9), wherein the first gate portion (501-503 of PFET in Fig. 9) further includes a third metal pattern (501 of PFET in Fig. 9, paragraph 0037) between the first metal pattern (lower “TiN” of 502 in Fig. 9) and the first channel pattern (102 of PFET in Fig. 9), the third metal pattern (501 of PFET in Fig. 9, paragraph 0037, wherein “p-type WFM”) including a p-type work function metal, wherein the first metal pattern (lower “TiN” of 502 in Fig. 9) and the second metal pattern (“TiAlC” of 502 in Fig. 9) of the first gate portion (501-503 of PFET in Fig. 9) overlap a topmost surface of the third metal pattern (501 of PFET in Fig. 9) in a vertical direction, wherein the second metal pattern (“TiAlC” of 502 in Fig. 9; and see paragraph 0053, wherein “The second WFM 502 may be n-type WFM (NWFM), and may include, for example…titanium aluminum carbide (TiAlC)”) includes an n-type work function metal, the second metal pattern (“TiAlC” of 502 in Fig. 9) being spaced apart from an inner side surface of the gate insulating layer 301 (Fig. 9) by the first metal pattern (lower “TiN” of 502 in Fig. 9), wherein a thickness of the first metal pattern (lower “TiN” of 502 in Fig. 9) is smaller than (see Fig. 9, wherein horizontal length of a portion of 502 of PFET formed between 501 is smaller than horizontal length of 501 of PFET and horizontal length of a portion of 502 of PFET formed above the topmost surface of 501) a thickness of each of the second metal pattern (“TiAlC” of 502 in Fig. 9) and the third metal pattern (501 of PFET in Fig. 9) and wherein a topmost surface of the first metal pattern (lower “TiN” of 502 in Fig. 9) is flat. Kwon does not disclose side surfaces of the first metal pattern and the third metal pattern are coplanar in the vertical direction. Bao discloses side surfaces of the first metal pattern (element number is not shown Fig. 13 but see 701 in Fig. 12, paragraph 0043; see “second work function material” in paragraph 0032; and see “multi-layer second work function material” in paragraph 0033) and the third metal pattern (element number is not shown Fig. 13 but see 208 in Fig. 3, paragraph 0036; and see “first work function metal” in paragraph 0033) are coplanar in the vertical direction. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Kwon to form side surfaces of the first metal pattern and the third metal pattern are coplanar in the vertical direction, as taught by Bao, since in a nanosheet structure (Bao, paragraph 0020) having device regions with a narrow distance between nFET and pFET devices (n/p distance), such as Static Random-Access Memory (SRAM) and dense logic regions, a patterning boundary can be extended to open FETs, and for other device regions having larger n/p distances, the patterning boundary can be extended towards the open FETs, and up to the open FETs. Regarding claim 12, Kwon further discloses the semiconductor device as claimed in claim 11, wherein the third metal pattern (501 of PFET in Fig. 9) is between the first semiconductor patterns (102 of PFET in Fig. 9), and the first metal pattern (lower “TiN” of 502 in Fig. 9) and the second metal pattern (“TiAlC” of 502 in Fig. 9) are between the second semiconductor patterns (102 of NFET in Fig. 9). Regarding claim 13, Kwon further discloses the semiconductor device as claimed in claim 11, wherein the topmost surface of the first metal pattern (lower “TiN” of 502 in Fig. 9) is at a level higher than the topmost surface of the third metal pattern (501 of PFET in Fig. 9). Regarding claim 14, Kwon further discloses the semiconductor device as claimed in claim 11, wherein the first region (PFET in Fig. 9) is a PMOSFET region, and the second region (NFET in Fig. 9) is an NMOSFET region. Claims 2 and 3 are rejected under 35 U.S.C. 103 as being unpatentable over Kwon in view of Chiang as applied to claim 1 above, and further in view of Lee et al. (US 2017/0110542) (hereafter Lee542). Regarding claim 2, Kwon further discloses the semiconductor device as claimed in claim 1, further comprising a gate insulating layer 301 (Fig. 9, paragraph 0034) between the gate electrode (501-503 in Fig. 9) and the first semiconductor patterns (102 of PFET in Fig. 9) and the second semiconductor patterns (102 of NFET in Fig. 9), wherein the gate insulating layer 301 (Fig. 9) includes an interface layer (“a silicon oxide layer” of 301 in Fig. 9; and see paragraph 0035, wherein “The dielectric layer 301 may include, for example, a silicon oxide layer, a high-k dielectric layer, or a combination thereof”) and a high-k dielectric layer (“high-k dielectric layer” of 301 in Fig. 9), the gate insulating layer 301 (Fig. 9) enclosing the first semiconductor patterns (102 of PFET in Fig. 9) and the second semiconductor patterns (102 of NFET in Fig. 9), and wherein the high-k dielectric layer 301 (Fig. 9) directly contacts (see I-I’ cross sectional view of Fig. 9, bottom 301 contacts 501 and 502) the side surface of the third metal pattern 501 (Fig. 9) and the side surface of the first metal pattern (lower “TiN” of 502 in Fig. 9; and see paragraph 0053, wherein “second WFM 502 may include TiN/TiAlC/TiN”). Kwon and Chiang do not disclose a topmost surface of the high-k dielectric layer is coplanar with the topmost surface of the first metal pattern. Lee542 discloses a topmost surface of the high-k dielectric layer 82 (Fig. 1, paragraph 0069) is coplanar (see paragraph 0019, wherein “Upper ends of the gate dielectric layer, the work function layer, and the low resistance layer may be substantially the same plane”) with the topmost surface of the first metal pattern 85 (Fig. 1, paragraph 0070). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Kwon in view of Chiang to form a topmost surface of the high-k dielectric layer is coplanar with the topmost surface of the first metal pattern, as taught by Lee542, since a change in size is generally recognized as being within the level of ordinary skill in the art In re Rose, 105 USPQ 237 (CCPA 1955). Note that the specification contains no disclosure of either the critical nature of the claimed ranges or any unexpected results arising therefrom. Where patentability is said to be based upon particular chosen dimensions or upon another variable recited in a claim, the applicant must show that the chosen dimensions are critical. In re Woodruff, 919 f.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990). Regarding claim 3, Kwon further discloses the semiconductor device as claimed in claim 2, wherein the second metal pattern (“TiAlC” of 502 in Fig. 9; and see paragraph 0053, wherein “second WFM 502 may include TiN/TiAlC/TiN”) is spaced apart from an inner side surface of the high-k dielectric layer (“high-k dielectric layer” of 301 in Fig. 9; and see paragraph 0035, wherein “The dielectric layer 301 may include, for example, a silicon oxide layer, a high-k dielectric layer, or a combination thereof”) by the first metal pattern (lower “TiN” of 502 in Fig. 9). Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Kwon in view of Bao as applied to claim 11 above, and further in view of Chiang et al. (US 20200294863) (hereafter Chiang). Regarding claim 15, Kwon further discloses the semiconductor device as claimed in claim 11, wherein the topmost surface of the first metal pattern (lower “TiN” of 502 in Fig. 9) is coplanar with a topmost surface of the second metal pattern (“TiAlC” of 502 in Fig. 9), and wherein the gate insulating layer 301 (Fig. 9) directly contacts (see I-I’ cross sectional view of Fig. 9, bottom 301 contacts 501 and 502) the side surface of the third metal pattern 501 (Fig. 9) and the side surface of the first metal pattern (lower “TiN” of 502 in Fig. 9). Kwon and Bao do not disclose the topmost surface of the first metal pattern is coplanar with a topmost surface of the gate insulating layer. Chiang discloses the topmost surface of the first metal pattern 146 (Fig. 2R-2, paragraph 0057) is coplanar with a topmost surface of the gate insulating layer 142 (Fig. 2R-2, paragraph 0038). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Kwon in view of Bao to form the topmost surface of the first metal pattern is coplanar with a topmost surface of the gate insulating layer, as taught by Chiang, since a gate structure (Chiang, paragraph 0002) is formed over and along the sides of the fin (e.g., wrapping) utilizing the advantage of the increased surface area of the channel to produce faster, more reliable, and better-controlled semiconductor transistor devices. Claims 16-19 are rejected under 35 U.S.C. 103 as being unpatentable over Kwon et al. (US 2018/0315667) (hereafter Kwon), in view of Lee et al. (US 2021/0043730) (hereafter Lee730), in further view of Bao et al. (US 2023/0154996) (hereafter Bao). Regarding claim 16, Kwon discloses a semiconductor device, comprising: a first active pattern (101 of PFET in Fig. 9, paragraph 0029) and a second active pattern (101 of NFET in Fig. 9, paragraph 0029) on a first region and a second region (region where NFET is formed in Fig. 9) of a substrate (101 of PFET in Fig. 9, paragraph 0029), respectively, the first region (region where PFET is formed in Fig. 9) and the second region (region where NFET is formed in Fig. 9) being PMOSFET and NMOSFET regions, respectively; a device isolation layer 201 (Fig. 9, paragraph 0033) filling a trench (region between 100 in Fig. 9) between the first active pattern (101 of NFET in Fig. 9) and the second active pattern (101 of PFET in Fig. 9); a first channel pattern (102 of PFET in Fig. 9, paragraph 0030) on the first active pattern (101 of PFET in Fig. 9) and a second channel pattern (102 of NFET in Fig. 9, paragraph 0030) on the second active pattern (101 of NFET in Fig. 9), the first channel pattern (102 of PFET in Fig. 9) including first semiconductor patterns (102 of PFET in Fig. 9), which are stacked to be spaced apart from each other, and the second channel pattern (102 of NFET in Fig. 9) including second semiconductor patterns (102 of NFET in Fig. 9), which are stacked to be spaced apart from each other; a gate electrode (501-503 in Fig. 9) crossing the first channel pattern (102 of PFET in Fig. 9) and the second channel pattern (102 of NFET in Fig. 9), the gate electrode (501-503 in Fig. 9) extending in a first direction (Y direction in Fig. 9) and including: first inner gate electrodes (501 formed between 102 of PFET in Fig. 9, paragraph 0053) between the first semiconductor patterns (102 of PFET in Fig. 9), second inner gate electrodes (502 formed between 102 of NFET in Fig. 9) between the second semiconductor patterns (102 of NFET in Fig. 9), a first outer gate electrode (501-503 of PFET in Fig. 9) on a top surface of an uppermost one of the first semiconductor patterns (102 of PFET in Fig. 9), and a second outer gate electrode (502-503 of NFET in Fig. 9) on a top surface of an uppermost one of the second semiconductor patterns (102 of NFET in Fig. 9); a gate insulating layer 301 (Fig. 9, paragraph 0034) between the gate electrode (501-503 in Fig. 9) and each of the first channel pattern (102 of PFET in Fig. 9) and the second channel pattern (102 of NFET in Fig. 9), the gate insulating layer 301 (Fig. 9) including an interface layer (“a silicon oxide layer” of 301 in Fig. 9; and see paragraph 0035, wherein “The dielectric layer 301 may include, for example, a silicon oxide layer, a high-k dielectric layer, or a combination thereof”) enclosing the first (102 of PFET in Fig. 9) and second semiconductor patterns (102 of NFET in Fig. 9) and a high-k dielectric layer (“high-k dielectric layer” of 301 in Fig. 9; and see paragraph 0035, wherein “The dielectric layer 301 may include, for example, a silicon oxide layer, a high-k dielectric layer, or a combination thereof”) on the interface layer (“a silicon oxide layer” of 301 in Fig. 9); wherein each of the first outer gate electrode (501-503 of PFET in Fig. 9) and the second outer gate electrode (502-503 of NFET in Fig. 9) includes a first metal pattern (lower “TiN” of 502 in Fig. 9; and see paragraph 0053, wherein “second WFM 502 may include TiN/TiAlC/TiN”), a second metal pattern (“TiAlC” of 502 in Fig. 9; and see paragraph 0053, wherein “second WFM 502 may include TiN/TiAlC/TiN”) on the first metal pattern (lower “TiN” of 502 in Fig. 9), and a filling metal pattern 503 (Fig. 9, paragraph 0055) on the second metal pattern (“TiAlC” of 502 in Fig. 9), wherein the first outer gate electrode (501-503 of PFET in Fig. 9) further includes a third metal pattern (501 of PFET in Fig. 9, paragraph 0037) between the first metal pattern (lower “TiN” of 502 in Fig. 9) and the first semiconductor patterns (102 of PFET in Fig. 9), the third metal pattern (501 of PFET in Fig. 9, paragraph 0037, wherein “p-type WFM”) including a p-type work function metal, wherein the first metal pattern (lower “TiN” of 502 in Fig. 9) and the second metal pattern (“TiAlC” of 502 in Fig. 9) of the first outer gate electrode (501-503 of PFET in Fig. 9) overlap a topmost surface of the third metal pattern (501 of PFET in Fig. 9) in a vertical direction, wherein the second metal pattern (“TiAlC” of 502 in Fig. 9; and see paragraph 0053, wherein “The second WFM 502 may be n-type WFM (NWFM) includes an n-type work function metal, wherein a thickness of the first metal pattern (lower “TiN” of 502 in Fig. 9) is smaller than (see Fig. 9, wherein horizontal length of a portion of 502 of PFET formed between 501 is smaller than horizontal length of 501 of PFET and horizontal length of a portion of 502 of PFET formed above the topmost surface of 501) a thickness of each of the second metal pattern (“TiAlC” of 502 in Fig. 9) and the third metal pattern (501 of PFET in Fig. 9), and wherein a topmost surface of the first metal pattern (lower “TiN” of 502 in Fig. 9) of the second outer gate electrode (502-503 of NFET in Fig. 9) is coplanar with a topmost surface of the second metal pattern (“TiAlC” of 502 in Fig. 9) of the second outer gate electrode (502-503 of NFET in Fig. 9). Kwon does not disclose a gate capping pattern on a top surface of the gate electrode; a first interlayer insulating layer on the gate capping pattern; a gate contact penetrating the first interlayer insulating layer and coupled to the gate electrode; a second interlayer insulating layer on the first interlayer insulating layer; a first metal layer in the second interlayer insulating layer; a third interlayer insulating layer on the second interlayer insulating layer; and a second metal layer in the third interlayer insulating layer. Lee730 discloses a gate capping pattern (GP in Fig. 14D, paragraph 0032) on a top surface of the gate electrode (GE in Fig. 14D, paragraph 0032) ; a first interlayer insulating layer 120 (Fig. 14D, paragraph 0032) on the gate capping pattern (GP in Fig. 14D); a gate contact (GC in Fig. 14D, paragraph 0046) penetrating the first interlayer insulating layer 120 (Fig. 14D) and coupled to the gate electrode (GE in Fig. 14D); a second interlayer insulating layer (lower portion of 130 in Fig. 14D, paragraph 0041) on the first interlayer insulating layer 120 (Fig. 14D); a first metal layer (VI in Fig. 14D, paragraph 0047) in the second interlayer insulating layer (lower portion of 130 in Fig. 14D); a third interlayer insulating layer (upper portion of 130 in Fig. 14D, paragraph 0041) on the second interlayer insulating layer (lower portion of 130 in Fig. 14D); and a second metal layer (IL in Fig. 14D, paragraph 0047) in the third interlayer insulating layer (upper portion of 130 in Fig. 14D). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Kwon to form a gate capping pattern on a top surface of the gate electrode; a first interlayer insulating layer on the gate capping pattern; a gate contact penetrating the first interlayer insulating layer and coupled to the gate electrode; a second interlayer insulating layer on the first interlayer insulating layer; a first metal layer in the second interlayer insulating layer; a third interlayer insulating layer on the second interlayer insulating layer; and a second metal layer in the third interlayer insulating layer, as taught by Lee730, since the first wiring layer (Lee730, paragraph 0049) may be provided with a plurality of stacked wiring layers such that logic cells may be connected to each other through the connection lines IL (Lee730, Fig. 14D, paragraph 0049) and via VI (Lee730, Fig. 14D, paragraph 0049), thereby constituting a logic circuit. Kwon and Lee730 do not disclose side surfaces of the first metal pattern and the third metal pattern are coplanar in the vertical direction. Bao discloses side surfaces of the first metal pattern (element number is not shown Fig. 13 but see 701 in Fig. 12, paragraph 0043; see “second work function material” in paragraph 0032; and see “multi-layer second work function material” in paragraph 0033) and the third metal pattern (element number is not shown Fig. 13 but see 208 in Fig. 3, paragraph 0036; and see “first work function metal” in paragraph 0033) are coplanar in the vertical direction. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Kwon in view of Lee730 to form side surfaces of the first metal pattern and the third metal pattern are coplanar in the vertical direction, as taught by Bao, since in a nanosheet structure (Bao, paragraph 0020) having device regions with a narrow distance between nFET and pFET devices (n/p distance), such as Static Random-Access Memory (SRAM) and dense logic regions, a patterning boundary can be extended to open FETs, and for other device regions having larger n/p distances, the patterning boundary can be extended towards the open FETs, and up to the open FETs. Regarding claim 17, Kwon further discloses the semiconductor device as claimed in claim 16, wherein the first metal pattern (lower “TiN” of 502 in Fig. 9) includes titanium nitride, the second metal pattern (“TiAlC” of 502 in Fig. 9) includes aluminum-doped titanium carbide, and the third metal pattern 501 (Fig. 9, paragraph 0037, wherein “titanium aluminum nitride (TiAlN)”) includes titanium aluminum nitride. Regarding claim 18, Kwon further discloses the semiconductor device as claimed in claim 16, wherein the second metal pattern (“TiAlC” of 502 in Fig. 9) is spaced apart from an inner side surface of the high-k dielectric layer (“high-k dielectric layer” of 301 in Fig. 9) by the first metal pattern (lower “TiN” of 502 in Fig. 9). Regarding claim 19, Kwon further discloses the semiconductor device as claimed in claim 16, wherein the topmost surface of the third metal pattern 501 (Fig. 9, paragraph 0037) is at a level lower than a topmost surface of the first outer gate electrode (501-503 of PFET in Fig. 9), and wherein the first metal pattern (lower “TiN” of 502 in Fig. 9) contacts the topmost surface of the third metal pattern 501 (Fig. 9). Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Kwon in view of Lee730 and Bao as applied to claim 16 above, and further in view of Lee et al. (US 2017/0110542) (hereafter Lee542). Regarding claim 20, Kwon further discloses the semiconductor device as claimed in claim 16, wherein the high-k dielectric layer 301 (Fig. 9) directly contacts (see I-I’ cross sectional view of Fig. 9, bottom 301 contacts 501 and 502) the side surface of the third metal pattern 501 (Fig. 9) and the side surface of the first metal pattern (lower “TiN” of 502). Kwon in view of Lee730 and Bao discloses the semiconductor device as claimed in claim 16, however Kwon and Lee730 do not disclose a topmost surface of the high-k dielectric layer is coplanar with the topmost surface of the first metal pattern and the topmost surface of the second metal pattern. Lee542 discloses a topmost surface of the high-k dielectric layer 82 (Fig. 1, paragraph 0069) is coplanar (see paragraph 0019, wherein “Upper ends of the gate dielectric layer, the work function layer, and the low resistance layer may be substantially the same plane”) with the topmost surface of the first metal pattern 85 (Fig. 1, paragraph 0070) and the topmost surface of the second metal pattern 86 (Fig. 1, paragraph 0126). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Kwon in view of Lee730 and Bao to form a topmost surface of the high-k dielectric layer is coplanar with the topmost surface of the first metal pattern, as taught by Lee542, since a change in size is generally recognized as being within the level of ordinary skill in the art In re Rose, 105 USPQ 237 (CCPA 1955). Note that the specification contains no disclosure of either the critical nature of the claimed ranges or any unexpected results arising therefrom. Where patentability is said to be based upon particular chosen dimensions or upon another variable recited in a claim, the applicant must show that the chosen dimensions are critical. In re Woodruff, 919 f.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990). Response to Arguments 1. Applicant's arguments filed 6/1/2026 have been fully considered. Applicant's arguments with respect to claims 1-20 have been considered but are moot in view of the new ground(s) of rejection. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to LAMONT B KOO whose telephone number is (571)272-0984. The examiner can normally be reached 7:00 AM - 3:30 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, Steven Gauthier can be reached on (571)270-0373. 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. /L.B.K/Examiner, Art Unit 2813 /STEVEN B GAUTHIER/Supervisory Patent Examiner, Art Unit 2813
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Prosecution Timeline

Show 4 earlier events
Mar 05, 2026
Response Filed
Apr 02, 2026
Final Rejection mailed — §103
May 12, 2026
Examiner Interview Summary
May 12, 2026
Applicant Interview (Telephonic)
Jun 01, 2026
Response after Non-Final Action
Jun 30, 2026
Request for Continued Examination
Jul 01, 2026
Response after Non-Final Action
Jul 23, 2026
Non-Final Rejection mailed — §103 (current)

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

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Prosecution Projections

3-4
Expected OA Rounds
80%
Grant Probability
86%
With Interview (+5.2%)
2y 6m (~0m remaining)
Median Time to Grant
High
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