Office Action Predictor
Last updated: April 16, 2026
Application No. 18/075,020

SEMICONDUCTOR STRUCTURE AND METHOD OF FORMING THE SAME

Non-Final OA §102
Filed
Dec 05, 2022
Examiner
PETERSON, ERIK T
Art Unit
2898
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Winbond Electronics CORP.
OA Round
3 (Non-Final)
77%
Grant Probability
Favorable
3-4
OA Rounds
2y 7m
To Grant
88%
With Interview

Examiner Intelligence

Grants 77% — above average
77%
Career Allow Rate
271 granted / 353 resolved
+8.8% vs TC avg
Moderate +11% lift
Without
With
+11.2%
Interview Lift
resolved cases with interview
Typical timeline
2y 7m
Avg Prosecution
40 currently pending
Career history
393
Total Applications
across all art units

Statute-Specific Performance

§101
0.3%
-39.7% vs TC avg
§103
39.1%
-0.9% vs TC avg
§102
24.7%
-15.3% vs TC avg
§112
29.8%
-10.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 353 resolved cases

Office Action

§102
DETAILED ACTION 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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 November 21, 2025, has been entered. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Claim Rejections - 35 USC § 102 The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action. Claims 1-11 and 13-15 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Lee (US 2023/0146151), of record. (Re Claim 1) Lee teaches a semiconductor structure, comprising (see Figs. 1-26 and corresponding text): a first work function layer (140) disposed on a substrate (100); a second work function layer (150) disposed on the first work function layer; a protective layer (160) disposed on the second work function layer; a gate stack (277+267+257+247) disposed on the protective layer; a first liner (355+360) disposed on the gate stack; a second liner (380 or 345) disposed on the first liner; a planarization layer (370) disposed on the second liner; and a gate plug (530+540) disposed on the planarization layer and in contact with the first work function layer and the second work function layer. (Re Claim 2) wherein a side surface of the first work function layer is aligned with a side surface of the second work function layer (Fig. 26, side surfaces are aligned). (Re Claim 3) wherein the gate plug extends through the planarization layer, the second liner, the protective layer, and the second work function layer (Fig. 26, also compare Figs. 21 and 25, the gate plug 600 is formed in the opening 520 which was formed through each of the claimed layers). (Re Claim 4) wherein the first liner comprises an oxide and the second liner comprises a nitride (¶¶40, 46). (Re Claim 5) wherein the planarization layer comprises an oxide and the second liner comprises a nitride (¶¶40, 46). (Re Claim 6) wherein the first liner comprises an oxide and the protective layer comprises a nitride (¶¶25, 40). (Re Claim 7) wherein the first liner comprises an oxide and the second work function layer comprises polycrystalline silicon (¶¶25, 40). (Re Claim 8) wherein a top surface of the planarization layer is aligned with a top surface of the second liner (Fig. 26). (Re Claim 9) wherein the second work function layer has a vertical side surface (Fig. 26). (Re Claim 10) wherein a side surface of the second work function layer is aligned with a side surface of the protective layer (Fig. 26). (Re Claim 11) wherein the first work function layer has a vertical side surface (Fig. 26). (Re Claim 13) wherein the gate stack further comprises: a gate structure (277+267+257+247) disposed on the protective layer; and a spacer layer (3451+200) disposed on the gate structure, wherein the first liner and the second liner contact the spacer layer (Fig. 26). (Re Claim 14) wherein the spacer layer further comprises: a first spacer layer (200) disposed on the gate structure; and a second spacer (345) disposed on the gate structure, wherein the first spacer layer comprises an oxide and the second spacer comprises a nitride (¶¶40, 29). (Re Claim 15) wherein the first liner comprises an oxide (¶40). Response to Arguments Applicant's arguments filed November 21, 2025, have been fully considered and are persuasive with respect to the mapping used in the prior rejection. Based on the prior mapping, the fist liner was not disposed on a top and side surface of the gate stack. The rejections above have been updated based on the amendments and now the first liner is the combination of 355+360. The claim language does not preclude this treatment. The remainder of Applicant’s remarks are moot. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The additional cited art teaches pertinent device structures having the multilayer buried word line, protective layers, gates, liners, etc.. Any inquiry concerning this communication or earlier communications from the examiner should be directed to ERIK T. K. PETERSON whose telephone number is (571)272-3997. The examiner can normally be reached M-F, 9-5 pm (CST). 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, Jessica Manno can be reached at 571-272-2339. 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. /ERIK T. K. PETERSON/ Primary Examiner, Art Unit 2898 1 Second liner being the 380 alternative noted in claim 1
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Prosecution Timeline

Dec 05, 2022
Application Filed
Jun 12, 2025
Non-Final Rejection — §102
Sep 09, 2025
Response Filed
Sep 18, 2025
Final Rejection — §102
Nov 21, 2025
Request for Continued Examination
Nov 29, 2025
Response after Non-Final Action
Jan 07, 2026
Non-Final Rejection — §102 (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
77%
Grant Probability
88%
With Interview (+11.2%)
2y 7m
Median Time to Grant
High
PTA Risk
Based on 353 resolved cases by this examiner. Grant probability derived from career allow rate.

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