Prosecution Insights
Last updated: April 19, 2026
Application No. 18/093,497

SEMICONDUCTOR STRUCTURE

Non-Final OA §102§103
Filed
Jan 05, 2023
Examiner
CULLEN, PATRICK LAWRENCE
Art Unit
2899
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Semiconductor Manufacturing International (Beijing) Corporation
OA Round
4 (Non-Final)
85%
Grant Probability
Favorable
4-5
OA Rounds
3y 6m
To Grant
99%
With Interview

Examiner Intelligence

Grants 85% — above average
85%
Career Allow Rate
11 granted / 13 resolved
+16.6% vs TC avg
Strong +29% interview lift
Without
With
+28.6%
Interview Lift
resolved cases with interview
Typical timeline
3y 6m
Avg Prosecution
50 currently pending
Career history
63
Total Applications
across all art units

Statute-Specific Performance

§103
71.7%
+31.7% vs TC avg
§102
11.9%
-28.1% vs TC avg
§112
16.5%
-23.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 13 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 § 103 Claim(s) 1-5, and 13-15 are rejected under 35 U.S.C. 103 as being unpatentable over Licausi (PGPub No. 20180294267) in further view of Chang (US Patent No. 9583485). Regarding claim 1, Licausi teaches a semiconductor structure, comprising: a substrate (Fig. 7 points to a semiconductor structure comprising a substrate 18.); a plurality of fins, formed on the substrate (Fig. 9 points to fin structures 36.); a plurality of isolation structures, formed on the substrate, each isolation structure being sandwiched between adjacent fins (Id. points to gap fill material 40 (isolation structures).); and a power rail, located within a first isolation structure of the plurality of isolation structures, wherein sidewalls of the power rail are surrounded by remaining portions of the first isolation structure a top surface of the power rail is lower than top surfaces of the plurality of fins, a bottom of the power rail is lower than bottoms of all of the plurality of fins, and the bottom of the power rail is lower than bottoms of all of the plurality of isolation structures (Figs. 9-11 and [0041-42] point to the formation of a trench 45 (a first isolation structure) which is then filled with a liner 46 and a metal fill material 48 to fabricate a buried power rail.), and the top surfaces of the remaining portions of the first isolation structure are higher than the top surface of the power rail (Figs. 9-11 point to the gap fill material 40 (isolation structures) and the metal fill material 48 (power rail)). Licausi fails to teach top surfaces of the remaining portions of the first isolation structure of the plurality of isolation structures are lower than top surfaces of other isolation structures of the plurality of isolation structures. Chang teaches top surfaces of the remaining portions of the first isolation structure of the plurality of isolation structures are lower than top surfaces of other isolation structures of the plurality of isolation structures (Fig. 5C point to a FinFET device structure comprising a first etched gate dielectric layer 134′a (first isolation structure) with a height H9 and a second etched gate dielectric layer 134′b (other isolation structures) with a greater height H10.). Thus, it would have been obvious to a person of ordinary skill in the art (POSITA) prior to the filing date of the claimed invention to combine the teachings of Licausi and Chang, such that the top surface of the first isolation structure is positioned lower than the top surfaces of the other isolation structures in order to create space for future components which could interact with the power rail buried in the first isolation structure and/or improve communication with said power rail by lowering the level of isolation created by the first isolation structure. Regarding claim 2, Licausi teaches a metal layer, formed on the power rail (Fig. 12 points to a capping material 52 (metal layer).). Regarding claim 3, Licausi teaches wherein: the metal layer is made of a metal material including cobalt, tungsten, copper, ruthenium, platinum, or a combination thereof ([0043] points to the capping material 52 (metal layer) being any barrier material that will prevent electro-migration issues, e.g., Co or Ru, associated with the buried power rail.). Regarding claim 4, Licausi teaches wherein: the bottom surface of the power rail is lower than a top surface of the substrate (Fig. 11 points to the buried power rail formed from the liner 46 and metal fill material 48.). Regarding claim 5, Licausi teaches wherein: the power rail is made of a material including ruthenium, copper, graphene, or a combination thereof ([0041] points to using the metal fill material 48 to fabricate the buried power rail, which can be a high melting temperature metal, e.g., Ru, W, Co, Mo, to enable high thermal budget flow.). Regarding claim 13, Licausi teaches wherein: each isolation structure sandwiched between adjacent fins is in direct physical contact with the adjacent fins (Fig. 9 points to the gap fill material 40 (isolation structure).). Regarding claim 14, Licausi teaches wherein: the top surfaces of the plurality of fins are coplanar with top surfaces of other isolation structures of the plurality of isolation structures (Fig. 7 points to fin structures 36/38 and gap fill material 40 (isolation structures).). Regarding claim 15, Licausi teaches wherein: the top surface of the power rail is formed without having any portion of the first isolation structure there-on (Fig. 11 points to metal fill material 48 (power rail) with a top surface exposed to recess 50.). Claim(s) 6-7, 10-12, and 16-17 are rejected under 35 U.S.C. 103 as being unpatentable over Licausi et al. in further view of Lin (PGPub No. 20150060959). Regarding claim 6, Lin teaches wherein: a mask layer is formed on the remaining portions of the first isolation structure and further on the top surfaces of the plurality of fins (Fig. 14 point to a FinFET comprising an etch stop layer 38 (mask layer).). Thus, it would have been obvious to a POSITA prior to the filing date of the claimed invention to combine the teachings of Licausi et al. and Lin, such that an etch stop/mask layer is formed on the top surfaces of the first isolation structure and the plurality of fins in order to provide an interface that adequately protects the underlying regions. Regarding claim 7, Lin teaches wherein: the mask layer is made of a material including silicon nitride, aluminum nitride, silicon carbide, or a combination thereof (Claim 10 points to the etch stop layer (mask layer) comprising silicon nitride.). Thus, it would have been obvious to a POSITA prior to the filing date of the claimed invention to combine the teachings of Licausi et al. and Lin, such that the etch stop/mask layer comprises silicon nitride in order to provide an interface that adequately protects the underlying regions. Regarding claim 10, Licausi in combination with Lin teaches wherein: an interface between the mask layer and the remaining portions of the first isolation structure is above the top surface of the power rail (Figs. 11 and [0042] of Licausi point to the buried power rail formed from the recessed liner 46 and metal fill material 48. Fig. 14 of Lin further points to the etch stop layer 38 (mask layer) positioned on the top surface of the STI region 30 (first isolation structure).). Thus, it would have been obvious to a POSITA prior to the filing date of the claimed invention to combine the teachings of Licausi et al. and Lin, such that etch stop/mask layer interfaces with the first isolation structure at a surface above the power rail in order to provide an interface without directly contacting the power rail. Regarding claim 11, Lin teaches wherein: the mask layer further covers the top surfaces of other isolation structures of the plurality of isolation structures (Fig. 14 and [0031] point to the etch stop layer 38 deposited over both the active fins 22 (plurality of fins) and the STI region(s) 30 (plurality of isolation structures).). Thus, it would have been obvious to a POSITA prior to the filing date of the claimed invention to combine the teachings of Licausi et al. and Lin, such that an etch stop/mask layer is formed on the top surfaces of the plurality of isolation structures and the plurality of fins in order to provide an interface that adequately protects the underlying regions. Regarding claim 12, Lin teaches wherein: the mask layer is in direct contact with the top surfaces of the plurality of fins and the top surfaces of the plurality of isolation structures (Fig. 14 and [0031] point to the etch stop layer 38 deposited over both the active fins 22 (plurality of fins) and the STI region(s) 30 (plurality of isolation structures).). Thus, it would have been obvious to a POSITA prior to the filing date of the claimed invention to combine the teachings of Licausi et al. and Lin, such that an etch stop/mask layer is directly formed on the top surfaces of the plurality of isolation structures and the plurality of fins in order to provide an interface that adequately protects the underlying regions. Regarding claim 16, Licausi in combination with Lin teaches wherein: a total width of the remaining portions of the first isolation structure of the plurality of isolation structures along a direction parallel to the substrate is smaller than a width of any one of other isolation structures of the plurality of isolation structures along the direction parallel to the substrate (Fig. 1 of Lin points to a FinFET comprising STI regions 30 (plurality of isolation structures) arranged such that each region is the same shape/width. Figs. 9-11 and [0041-42] of Licausi further point to the formation of a trench 45 (a first isolation structure) which is then filled with a liner 46 and a metal fill material 48 to fabricate a buried power rail. In light of these references, it is considered obvious that the material 48 (power rail) of Licausi could be formed within one of the STI regions (first isolation structure) of Lin, which would require etching/removing said region, reducing its total width, in order for the power rail to fit in place.). Thus, it would have been obvious to a POSITA prior to the filing date of the claimed invention to combine the teachings of Licausi et al. and Lin, such that each structure of the plurality of isolation structures is given the same shape/width in order to simplify the fabrication process and/or provide the same level of isolation to each of the adjacent fins. Regarding claim 17, Lin teaches wherein: a total width of the power rail and the remaining portions of the first isolation structure of the plurality of isolation structures along a direction parallel to the substrate is equal to a width of any one of other isolation structures of the plurality of isolation structures along the direction parallel to the substrate (Fig. 1 points to a FinFET comprising STI regions 30 (plurality of isolation structures) arranged such that each region is the same shape/width.). Thus, it would have been obvious to a POSITA prior to the filing date of the claimed invention to combine the teachings of Licausi et al. and Lin, such that each structure of the plurality of isolation structures is given the same shape/width in order to simplify the fabrication process and/or provide the same level of isolation to each of the adjacent fins. Response to Arguments Applicant’s arguments, see Remarks, filed 12/18/2025, with respect to the rejection(s) of claim(s) 1-17 under 35 U.S.C. §102 and §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 Licausi et al. in further view of Chang (US Patent No. 9583485). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to Patrick L Cullen whose telephone number is (703)756-1221. The examiner can normally be reached Monday - Friday, 8:30AM - 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, Dale Page can be reached at (571)270-7877. 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. /PATRICK CULLEN/Assistant Examiner, Art Unit 2899 /DALE E PAGE/Supervisory Patent Examiner, Art Unit 2899
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Prosecution Timeline

Jan 05, 2023
Application Filed
Dec 05, 2024
Non-Final Rejection — §102, §103
Mar 12, 2025
Response Filed
Apr 25, 2025
Non-Final Rejection — §102, §103
Aug 05, 2025
Response Filed
Oct 21, 2025
Final Rejection — §102, §103
Dec 18, 2025
Response after Non-Final Action
Jan 23, 2026
Request for Continued Examination
Feb 02, 2026
Response after Non-Final Action
Mar 16, 2026
Non-Final Rejection — §102, §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

4-5
Expected OA Rounds
85%
Grant Probability
99%
With Interview (+28.6%)
3y 6m
Median Time to Grant
High
PTA Risk
Based on 13 resolved cases by this examiner. Grant probability derived from career allow rate.

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