Prosecution Insights
Last updated: August 15, 2026
Application No. 18/117,911

SEMICONDUCTOR STRUCTURES AND FABRICATION METHODS OF SEMICONDUCTOR STRUCTURES

Non-Final OA §112
Filed
Mar 06, 2023
Priority
Apr 29, 2022 — CN 202210468722.4
Examiner
BODNAR, JOHN A
Art Unit
2893
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Semiconductor Manufacturing International Corporation
OA Round
3 (Non-Final)
83%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
95%
With Interview

Examiner Intelligence

Grants 83% — above average
83%
Career Allowance Rate
492 granted / 591 resolved
+15.2% vs TC avg
Moderate +12% lift
Without
With
+11.7%
Interview Lift
resolved cases with interview
Typical timeline
2y 7m
Avg Prosecution
28 currently pending
Career history
620
Total Applications
across all art units

Statute-Specific Performance

§101
0.3%
-39.7% vs TC avg
§103
48.7%
+8.7% vs TC avg
§102
22.3%
-17.7% vs TC avg
§112
25.7%
-14.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 591 resolved cases

Office Action

§112
DETAILED ACTION This application, 17/559490, attorney docket 00158.0803.00US, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . This application is assigned to Semiconductor Manufacturing International (Shanghai) Corporation foreign priority to 202210468722.4, filed 04/29/2022. 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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 5/11/2026 has been entered. Claims 1-8 and 21-31 are pending and are considered below. Claim 9 is withdrawn. Note that examiner will use numbers in parentheses to indicate numbered elements in prior art figures, and brackets to point to paragraph numbers where quoted material or specific teachings can be found. Response to Arguments Applicant has amended claim 8 to remove the comparative depth values, and correctly argues that the depth of first plug 218 is less than the depth of second plugs 221/224, so the objection is withdrawn. Applicant explains that figures 7 and 8 show patterned opening that are used to form grooves and the claimed structure does not involve the patterned layer. Examiner disagrees. The figures are used by others to explain the device, here to show that the grooves are different widths and above different elements, so cannot be separated from the structure. The drawing objection is maintained. Applicant argues that the specification supports the amended claim 8 which recites that the “depths of the plurality of first plug structures are smaller than depths of the plurality of second plug structures” at least in figure 18. Examiner agrees, and the §112a rejection of claim 8 is withdrawn. Applicant has amended claim 2 and correctly argues the amendment overcomes the §112b by redefining the location of the metal layers. Applicant correctly argues Lee does not disclose s a plurality of first plug structures arranged in parallel along the first direction and disposed on the first region of the substrate, wherein bottommost surfaces of the plurality of first plug structures are higher than a bottommost surface of the first dielectric layer along a third direction perpendicular to the surface of the substrate as recited in the amended independent claim 1, because the vias in the center of the combs (340) extend to the lower metal level, and have the same bottom depth as the vias along the ends of the combs. Therefore, the§102 rejection based on Lee is withdrawn. Drawings The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, Figures 9, and 10 show elements 209 and 210 as solid objects, but the specification refers to them as “grooves.” This creates confusion so they must be shown as openings . Figure 16 shows unidentified rectangles on metal lines 219 and 220. They must be removed. Figure 16 shows 219 and 220 as thin elements, but figure 18 shows those same elements as the same thickness as the other metal lines, which agrees with figure 3. These defects must be corrected. No new matter should be entered. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance. Claim Rejections - 35 USC § 112 The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. Claims 8 and 27 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention. Claim 8 recites, “…wherein depths of the bottom metal structure and the first metal structure are the same.” Figure 18 shows depths of the bottom metal and first metal structures are different. “Depth” in this context can only mean “distance from a surface.” There is no element of the bottom metal structure and first metal structure in figure 18 that has a common depth. And, it is not clear what surface should be used to determine depth, as figure 18 is an intermediate product. Claim 27 recites, “a plurality of second adhesion layers located at bottoms of the plurality of fifth metal layers and the plurality of sixth metal layers” It is not clear if each metal layer has a plurality of adhesion layers, which does not have support in the specification, or each metal layer has a separate adhesion layer. Claim 27 recites, “a plurality of first metal structures and a plurality of second metal structures alternately arranged vertically in the third direction perpendicular to the surface of the substrate” a first metal structure has improper antecedent from claim 1, and second metal structures has improper antecedent with claim 5. Allowable Subject Matter Claims 1-7, 21-26 and 28-31 are allowed. The following is a statement of reasons for the indication of allowable subject matter: the prior art does not teach or make obvious the first plug structures of claim 1 that are on the first region that is between the conductive layers, and extend in the same direction as the metal layers, are under the first metal layers, and have a bottom most surface higher than the bottom of the dielectric layer, which requires the plug structures to be higher than the top of the bottom metal layers. Claims 2-7, 21-26 and 28-31 depend from claim 1 and include the same novel structure. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOHN A BODNAR whose telephone number is (571)272-4660. The examiner can normally be reached M-Th and every other Friday 7:30-5:30 Central time. 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, Yara Green can be reached at 571-270-3035. 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. /JOHN A BODNAR/Primary Examiner, Art Unit 2893
Read full office action

Prosecution Timeline

Mar 06, 2023
Application Filed
Sep 08, 2025
Non-Final Rejection mailed — §112
Dec 08, 2025
Response Filed
Mar 13, 2026
Final Rejection mailed — §112
May 11, 2026
Response after Non-Final Action
Jun 02, 2026
Request for Continued Examination
Jun 05, 2026
Response after Non-Final Action
Jun 26, 2026
Non-Final Rejection mailed — §112 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12707652
CAPACITOR AND METHOD FOR FORMING THE SAME
3y 7m to grant Granted Aug 11, 2026
Patent 12707942
SEMICONDUCTOR DEVICE
2y 6m to grant Granted Aug 11, 2026
Patent 12701737
SEMICONDUCTOR DEVICE
2y 10m to grant Granted Aug 04, 2026
Patent 12690500
SEMICONDUCTOR DEVICE WITH SPACER AND METHOD FOR FABRICATING THE SAME
2y 4m to grant Granted Jul 21, 2026
Patent 12684862
SEMICONDUCTOR STRUCTURE AND METHOD FOR FORMING THE SAME
2y 11m to grant Granted Jul 14, 2026
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
83%
Grant Probability
95%
With Interview (+11.7%)
2y 7m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 591 resolved cases by this examiner. Grant probability derived from career allowance rate.

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