Prosecution Insights
Last updated: April 19, 2026
Application No. 18/093,472

LOW RESISTANCE BOTTOM ELECTRODE VIA

Final Rejection §102§103
Filed
Jan 05, 2023
Examiner
TRAN, TONY
Art Unit
2893
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Taiwan Semiconductor Manufacturing Company
OA Round
2 (Final)
70%
Grant Probability
Favorable
3-4
OA Rounds
2y 11m
To Grant
99%
With Interview

Examiner Intelligence

Grants 70% — above average
70%
Career Allow Rate
597 granted / 850 resolved
+2.2% vs TC avg
Strong +34% interview lift
Without
With
+34.0%
Interview Lift
resolved cases with interview
Typical timeline
2y 11m
Avg Prosecution
61 currently pending
Career history
911
Total Applications
across all art units

Statute-Specific Performance

§101
0.2%
-39.8% vs TC avg
§103
59.0%
+19.0% vs TC avg
§102
35.2%
-4.8% vs TC avg
§112
3.9%
-36.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 850 resolved cases

Office Action

§102 §103
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 . Claim Rejections - 35 USC § 102 The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – (a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention. (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claim(s) 1-5, 8, 12-15 and 21-23 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Tsai (Pub. No.: US 2020/0006230). Re claim 1, Tsai teaches an integrated circuit fabrication method comprising: providing a semiconductor wafer including a dielectric layer (54/46) disposed over a copper or copper alloy layer (132, FIG. 3B, [0032]); forming a via opening (122) in the dielectric layer exposing a portion of the copper or copper alloy layer (132); disposing a copper-barrier layer (bottom layer 142, [0032], note that “via barrier layer 142 includes more than is a via barrier multi-layer”) in the via opening, which directly contacts the exposed portion of the copper or copper alloy layer (62/132); disposing an oxophilic layer (upper layer of 142, FIG. 3D, ¶ [0033]) on the copper-barrier layer; after disposing the oxophilic layer (142), filling the via opening with tungsten to form a tungsten via (152, [0034]); and forming an electronic device (82, [0022]) in electrical contact with the copper or copper alloy layer by way of the tungsten via; wherein the deposition of the copper-barrier layer (bottom layer 142) and the deposition of at least an initial portion of the oxophilic layer (upper layer of 142) are performed in a same deposition chamber. Re claim 2, Tsai teaches the method of claim 1 wherein: the disposing of the copper-barrier layer (bottom layer 142, [0033]) in the via opening includes disposing a tantalum layer, a tantalum nitride layer, a molybdenum layer, a molybdenum nitride layer, a cobalt layer, a cobalt nitride layer, or a combination of two or more thereof; and the disposing of the oxophilic layer (upper layer of 142) includes disposing a titanium layer, a titanium nitride layer, or a combination thereof. Re claim 3, Tsai, FIG. 3F teaches the method of claim 1 wherein the semiconductor wafer is not exposed to air (by using ultra-high vacuum CVD process, [0022]) between the end of the disposing of the copper-barrier layer and an end of the disposing of the oxophilic layer (multiple layers of the same 142). Re claim 4, Tsai, FIG. 3F teaches the method of claim 3 wherein the disposing of the oxophilic layer on the copper-barrier layer includes: disposing a titanium layer on the copper-barrier layer; and disposing a titanium nitride layer on the titanium layer (“For example, via barrier layer 142 includes a first sub-layer that includes titanium and a second sub-layer that includes titanium nitride”, [0033]). Re claim 5, Tsai, FIG. 3F teaches the method of claim 3 wherein the semiconductor wafer is not exposed to air (by using ultra-high vacuum CVD process, [0022]) between the end of the disposing of the copper-barrier layer (142) and an end of the filling of the via opening with tungsten (132, [0032]). Re claim 8, Tsai, FIG. 3F teaches the method of claim 1 further comprising: after the filling of the via opening with tungsten to form the tungsten via, performing chemical mechanical polishing (CMP) (FIG. 3E → 3F, [0040]) planarize a surface including a top surface of the tungsten via and a top surface of the dielectric layer. Re claim 12, Tsai, FIG. 3G teaches an integrated circuit fabrication method comprising: providing a semiconductor wafer including a dielectric layer (54/46) disposed over a copper or copper alloy layer (132); forming a via opening (122) in the dielectric layer exposing a portion of the copper or copper alloy layer; disposing a copper-barrier layer (bottom layer 142) in the via opening which directly contacts the exposed portion of the copper or copper alloy layer (132), wherein the copper-barrier layer includes a tantalum layer, a tantalum nitride layer, a molybdenum layer, a molybdenum nitride layer, a cobalt layer, a cobalt nitride layer, or a combination of two or more thereof (“barrier layer 142 includes titanium, titanium alloy, tantalum, tantalum alloy, cobalt, cobalt alloy, ruthenium, ruthenium alloy, molybdenum, molybdenum alloy, other suitable constituent configured to promote and/or enhance adhesion between a metal material and a dielectric material”, [0033]; disposing an oxophilic layer (upper layer of 142) including a titanium nitride layer, a titanium layer, or a combination thereof on the copper-barrier layer wherein the semiconductor wafer is not exposed to air (by using ultra-high vacuum CVD process, [0022]) during a time interval encompassing the deposition of the copper-barrier layer and the deposition of at least an initial portion of the oxophilic layer; after disposing the oxophilic layer, filling the via opening with a metal (152) to form a metal via; and forming an electronic device [0022] in electrical contact with the copper or copper alloy layer by way of the metal via. Re claim 13, Tsai, FIG. 3G teaches the method of claim 12 wherein the filling the via opening with a metal comprises filling the via opening with tungsten to form the metal via as a tungsten via (152). Re claim 14, Tsai, FIG. 3G teaches the method of claim 12 wherein the semiconductor wafer is not exposed to air (by using ultra-high vacuum CVD process, [0022]) during a time interval encompassing the deposition of the copper-barrier layer (bottom layer 142) and the deposition of entire the oxophilic layer (upper layer of 142). Re claim 15, Tsai, FIG. 3G teaches the method of claim 12 wherein the semiconductor wafer is not exposed to air (by using ultra-high vacuum CVD process, [0022]) a time interval encompassing the deposition of the copper-barrier layer (bottom layer 142) and the deposition of the oxophilic layer (upper layer of 142) and the filling of the via opening (122) with the metal to form the metal via (152). Re claim 21, Tsai, FIG. 3G teaches an integrated circuit fabrication method comprising: providing a semiconductor wafer including a dielectric layer (54/46) disposed over a copper or copper alloy layer (132); forming a via opening (122) in the dielectric layer exposing a portion of the copper or copper alloy layer; disposing a copper-barrier layer (bottom layer 142) in the via opening, which directly contacts the exposed portion of the copper or copper alloy layer (132); disposing an oxophilic layer (upper layer of 142) including a titanium nitride layer, a titanium layer, or a combination thereof on the copper-barrier layer wherein the semiconductor wafer is not exposed to air during a time interval encompassing the deposition of the copper-barrier layer and the deposition of the oxophilic layer; after disposing the oxophilic layer, filling the via opening with a metal to form a metal via (152); and forming an electronic device [0022] in electrical contact with the copper or copper alloy layer by way of the metal via. Re claim 22, Tsai, FIG. 3G teaches the integrated circuit fabrication method of claim 21, wherein the copper-barrier layer includes a tantalum layer and a tantalum nitride layer (bottom layer 142). Re claim 23, Tsai, FIG. 3G teaches the integrated circuit fabrication method of claim 21, further comprising: exposing the semiconductor wafer to air (by using vapor-phase epitaxy (VPE) process, [0022]) after the end of disposing of the initial oxophilic layer and before filling the via opening. 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) 1-3, 5, 8, 11-15 and 21-23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lee (Pub. No.: US 2021/0257293) in view of Peng (Patent No.: US 9466525). Re claim 1, Lee teaches an integrated circuit fabrication method comprising: providing a semiconductor wafer including a dielectric layer (270) disposed over a copper or copper alloy layer (236/240, FIG. 2H, ¶ [0026]); forming a via opening (280) in the dielectric layer exposing a portion of the copper or copper alloy layer (236/240); disposing a copper-barrier layer (294A, FIG. 3, [0044]) in the via opening; disposing an oxophilic layer (294B) on the copper-barrier layer; after disposing the oxophilic layer (294B), filling the via opening with tungsten to form a copper via (296, [0034]); and forming an electronic device (of FIG. 8) in electrical contact with the copper or copper alloy layer (236/240) by way of the copper via (296); wherein the deposition of the copper-barrier layer (294A) and the deposition of at least an initial portion of the oxophilic layer (296B) are performed in a same deposition chamber. Re claim 12, Lee teaches an integrated circuit fabrication method comprising: providing a semiconductor wafer including a dielectric layer (270) disposed over a copper or copper alloy layer (236, FIG. 2H, ¶ [0026]); forming a via opening (280) in the dielectric layer exposing a portion of the copper or copper alloy layer (270); disposing a copper-barrier layer in the via opening, wherein the copper-barrier layer includes a tantalum layer, a tantalum nitride layer, a molybdenum layer, a molybdenum nitride layer, a cobalt layer, a cobalt nitride layer, or a combination of two or more thereof (294A, FIG. 3, [0044]); disposing an oxophilic layer (294B) including a titanium nitride layer, a titanium layer, or a combination thereof on the copper-barrier layer, wherein the semiconductor wafer is not exposed to air (note that the deposition is taking place in ultra-high vacuum CVD, [0051]) during a time interval encompassing the deposition of the copper-barrier layer and the deposition of at least an initial portion of the oxophilic layer; after disposing the oxophilic layer, filling the via opening with a metal to form a metal via (296); and forming an electronic device (of FIG. 8) in electrical contact with the copper or copper alloy layer by way of the metal via. Re claim 21, Lee, FIG. 3 teaches an integrated circuit fabrication method comprising: providing a semiconductor wafer including a dielectric layer (270) disposed over a copper or copper alloy layer; forming a via opening (280) in the dielectric layer exposing a portion of the copper or copper alloy layer; disposing a copper-barrier layer (294A) in the via opening; disposing an oxophilic layer including a titanium nitride layer, a titanium layer, or a combination thereof on the copper-barrier layer wherein the semiconductor wafer is not exposed to air (ultra-high vacuum CVD) during a time interval encompassing the deposition of the copper-barrier layer (294A) and the deposition of the oxophilic layer (294B); after disposing the oxophilic layer, filling the via opening with a metal to form a metal via (296); and forming an electronic device (of FIG. 8) in electrical contact with the copper or copper alloy layer by way of the metal via. In re claims 1, 12 and 21, Lee fails to teach disposing a copper-barrier layer in the via opening, which directly contacts the exposed portion of the copper or copper alloy layer. Peng teaches disposing a copper-barrier layer in the via opening, which directly contacts the exposed portion of the copper or copper alloy layer. It would have been obvious for a person of ordinary skill in the art before the effective filing date of the claim invention to include the above said teaching for the purpose of avoiding degradation in the performance of the resulting metal interconnect structures as taught by Peng, BACKGROUND. Re claim 2, in the combination, Lee teaches the method of claim 1 wherein: the disposing of the copper-barrier layer (294A, FIG. 3, [0026], note that “first barrier layer 294A, second barrier layer 294B, and copper bulk layer 296 are similar respectively to diffusion barrier layer 232, first barrier layer 234A, second barrier layer 234B, and copper bulk layer 296”, [0044]) in the via opening includes disposing a tantalum layer, a tantalum nitride layer, a molybdenum layer, a molybdenum nitride layer, a cobalt layer, a cobalt nitride layer, or a combination of two or more thereof [0026]; and the disposing of the oxophilic layer (294B, note that titanium is an element with a high affinity for oxygen, readily forming stable oxides or bonding with oxygen-containing molecules) includes disposing a titanium layer, a titanium nitride layer, or a combination thereof. Re claim 3, in the combination, Lee, FIG. 3 teaches the method of claim 1 wherein the semiconductor wafer is not exposed to air between the end of the disposing of the copper-barrier layer and an end of the disposing of the oxophilic layer (294B is formed immediately right next to 294A). Re claim 5, in the combination, Lee, FIG. 3 teaches the method of claim 3 wherein the semiconductor wafer is not exposed to air between the end of the disposing of the copper-barrier layer (294A) and an end of the filling of the via opening with tungsten (294B). Re claim 8, in the combination, Peng, FIG. 7 teaches the method of claim 1 further comprising: after the filling of the via opening with tungsten to form the tungsten via, performing chemical mechanical polishing (CMP) planarize a surface including a top surface of the tungsten via and a top surface of the dielectric layer. Re claim 11, in the combination, Lee teaches the method of claim 1 wherein the formed via opening has a maximum lateral dimension at its intersection with the copper or copper alloy layer of 50 nm or less (“Copper bulk layer 236 has a thickness t3, which, in some embodiments, is about 20 nm to about 40 nm”, FIG. 2C, [0027]) and a ratio of via opening height (“ILD layer 270 has a thickness t8 of about 60 nm to about 90 nm”, FIG. 2G, [0041]) to maximum lateral dimension at its intersection with the copper or copper alloy layer of 1.6 or larger. Re claim 13, in the combination, Peng teaches the method of claim 12 wherein the filling the via opening with a metal comprises filling the via opening with tungsten to form the metal via as a tungsten via (36, FIG. 6, col. 4, lines 15-25). Re claim 14, in the combination, Lee, FIG. 3 teaches the method of claim 12 wherein the semiconductor wafer is not exposed to air during a time interval (ultra-high vacuum CVD) encompassing the deposition of the copper-barrier layer (294A) and the deposition of entire the oxophilic layer (294B). Re claim 15, in the combination, Lee, FIG. 3 teaches the method of claim 12 wherein the semiconductor wafer is not exposed to air a time (ultra-high vacuum CVD) interval encompassing the deposition of the copper-barrier layer (294A) and the deposition of the oxophilic layer (294B) and the filling of the via opening with the metal to form the metal via (296). Re claim 22, in the combination, Lee, FIG. 3 teaches the integrated circuit fabrication method of claim 21, wherein the copper-barrier layer includes a tantalum layer and a tantalum nitride layer. Re claim 23, in the combination, Lee, FIG. 3 teaches the integrated circuit fabrication method of claim 21, further comprising: exposing the semiconductor wafer to air (by suing vapor-phase epitaxy (VPE)”, [0051]) after the end of disposing of the initial oxophilic layer and before filling the via opening. Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tsai. Tsai differs from the claim invention by not disclosing wherein the formed via opening has a maximum lateral dimension at its intersection with the copper or copper alloy layer of 50 nm or less and a ratio of via opening height to maximum lateral dimension at its intersection with the copper or copper alloy layer of 1.6 or larger. However, Applicant has not disclosed that the ranges are for particular unobvious purpose, produce an unexpected result, or are otherwise critical. Therefore, it would have been obvious to one having ordinary skill in the art at the time the invention was made to include the above said teaching, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955) (Claimed process which was performed at a temperature between 40°C and 80°C and an acid concentration between 25% and 70% was held to be prima facie obvious over a reference process which differed from the claims only in that the reference process was performed at a temperature of 100°C and an acid concentration of 10%.); see also Peterson, 315 F.3d at 1330, 65 USPQ2d at 1382 ("The normal desire of scientists or artisans to improve upon what is already generally known provides the motivation to determine where in a disclosed set of percentage ranges is the optimum combination of percentages."); In re Hoeschele, 406 F.2d 1403, 160 USPQ 809 (CCPA 1969) (Claimed elastomeric polyurethanes which fell within the broad scope of the references were held to be unpatentable thereover because, among other reasons, there was no evidence of the criticality of the claimed ranges of molecular weight or molar proportions.). For more recent cases applying this principle, see Merck & Co. Inc. v. Biocraft Laboratories Inc., 874 F.2d 804, 10 USPQ2d 1843 (Fed. Cir.), cert. denied, 493 U.S. 975 (1989); In re Kulling, 897 F.2d 1147, 14 USPQ2d 1056 (Fed. Cir. 1990); and In re Geisler, 116 F.3d 1465, 43 USPQ2d 1362 (Fed. Cir. 1997). Claim(s) 9-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tsai in view of Hsueh (Pub. No.: US 2021/0287994). Re claim 9/17, Tsai teaches all the limitation of claim 1. Tsai fails to teach the limitation of 9. Hsueh teaches wherein the electronic device is a nonvolatile memory device (MRAM, FIG. 6, ¶ [0051]). It would have been obvious for a person of ordinary skill in the art before the effective filing date of the claim invention to include the above said teaching for the purpose of reducing the RC delay within the integrated chip as taught by Hsueh, [0051]). In re claim 17, Tsai differs from the claim invention by not disclosing the via opening has a maximum lateral dimension of 65 nm and a vertical/lateral aspect ratio of 1.6 or larger. However, Applicant has not disclosed that the ranges are for particular unobvious purpose, produce an unexpected result, or are otherwise critical. Therefore, it would have been obvious to one having ordinary skill in the art at the time the invention was made to include the above said teaching, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955) (Claimed process which was performed at a temperature between 40°C and 80°C and an acid concentration between 25% and 70% was held to be prima facie obvious over a reference process which differed from the claims only in that the reference process was performed at a temperature of 100°C and an acid concentration of 10%.); see also Peterson, 315 F.3d at 1330, 65 USPQ2d at 1382 ("The normal desire of scientists or artisans to improve upon what is already generally known provides the motivation to determine where in a disclosed set of percentage ranges is the optimum combination of percentages."); In re Hoeschele, 406 F.2d 1403, 160 USPQ 809 (CCPA 1969) (Claimed elastomeric polyurethanes which fell within the broad scope of the references were held to be unpatentable thereover because, among other reasons, there was no evidence of the criticality of the claimed ranges of molecular weight or molar proportions.). For more recent cases applying this principle, see Merck & Co. Inc. v. Biocraft Laboratories Inc., 874 F.2d 804, 10 USPQ2d 1843 (Fed. Cir.), cert. denied, 493 U.S. 975 (1989); In re Kulling, 897 F.2d 1147, 14 USPQ2d 1056 (Fed. Cir. 1990); and In re Geisler, 116 F.3d 1465, 43 USPQ2d 1362 (Fed. Cir. 1997). Re claim 10, in the combination, Hsueh teaches the method of claim 9 wherein the nonvolatile memory device is a magnetoresistive random access memory (MRAM) (MRAM, FIG. 6, ¶ [0051]). Response to Arguments Applicant's arguments with respect to claims 1-5, 8-15, 17 and 21-23 on the remarks filed on 12/18/2025 have been considered but are moot in view of the new ground(s) of rejection. Conclusion Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to TONY TRAN whose telephone number is (571)270-1749. The examiner can normally be reached Monday-Friday, 8AM-5PM, EST. 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, Britt Hanley can be reached at 571-270-3042. 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. /TONY TRAN/Primary Examiner, Art Unit 2893
Read full office action

Prosecution Timeline

Jan 05, 2023
Application Filed
Sep 24, 2025
Non-Final Rejection — §102, §103
Dec 18, 2025
Response Filed
Feb 25, 2026
Final Rejection — §102, §103 (current)

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Prosecution Projections

3-4
Expected OA Rounds
70%
Grant Probability
99%
With Interview (+34.0%)
2y 11m
Median Time to Grant
Moderate
PTA Risk
Based on 850 resolved cases by this examiner. Grant probability derived from career allow rate.

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