Prosecution Insights
Last updated: July 17, 2026
Application No. 18/152,557

Semiconductor Device and Methods of Forming the Same

Non-Final OA §102§103
Filed
Jan 10, 2023
Priority
Dec 01, 2022 — provisional 63/385,649
Examiner
ABDELAZIEZ, YASSER A
Art Unit
2898
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Taiwan Semiconductor Manufacturing Company, Ltd.
OA Round
3 (Non-Final)
86%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
89%
With Interview

Examiner Intelligence

Grants 86% — above average
86%
Career Allowance Rate
703 granted / 816 resolved
+18.2% vs TC avg
Minimal +3% lift
Without
With
+2.7%
Interview Lift
resolved cases with interview
Fast prosecutor
2y 1m
Avg Prosecution
29 currently pending
Career history
843
Total Applications
across all art units

Statute-Specific Performance

§101
2.2%
-37.8% vs TC avg
§103
73.2%
+33.2% vs TC avg
§102
12.9%
-27.1% vs TC avg
§112
10.5%
-29.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 816 resolved cases

Office Action

§102 §103
DETAILED ACTION 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/§ 103 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. 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. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or non-obviousness. Claim(s) 1 and 4-7 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by YEONG et al. (US 2020/0381289), (hereinafter, YEONG) or on the alternative Claim(s) 1 is/are rejected under 35 U.S.C. 103 as being unpatentable over YEONG et al. (US 2020/0381289), (hereinafter, YEONG). PNG media_image1.png 420 1185 media_image1.png Greyscale RE Claim 1, YEONG discloses a semiconductor and a method of making the same. YEONG discloses in FIGS. 2A-2H and 3 a method, comprising: forming a first fin 102A and a second fin 102B over a semiconductor substrate 100; forming an isolation region 130 between the first fin 102A and the second fin 102B, forming the isolation region 130 comprising: depositing an oxide liner 130 “silicon oxynitride” along the first fin 120A, the second fin 102B, and the semiconductor substrate 100, the oxide liner comprising a first upper portion and a first lower portion along the first fin, the first lower portion being between the first upper portion and the semiconductor substrate, referring to FIGS. 2B/3B. examiner notes that the silicon oxynitride comprises silicon oxide. Since the claim preamble of the process is open ended by the language use of comprising and silicon oxynitride layer 130 comprises silicon oxide, it meets the claimed limitation of depositing an oxide liner. However, if applicant proof otherwise, it would have been obvious for one of ordinary skill in the art, at the effective filing date of the instant application, absent unexpected results, to use the pure oxide layer, such as metal oxide as liner in the isolation region as a well-known oxide material in order to achieve adequate etch selectivity with other oxide or nitride layers in the device; wherein after depositing the oxide liner 130, the oxide liner is continuous from a first topmost surface of the first fin to a second topmost surface of the second fin, referring to FIG. 2B; thinning the oxide liner 130, referring to FIGS. 2C/3C. examiner notes that etching back the silicon oxynitride liner 130 to form the liner 132, referring to FIG. 2C/3C represent a thinning process, hence reading on the claimed limitation of thinning process; wherein after thinning the oxide liner 130, the oxide liner 132 remains continuous from a first topmost surface of the first fin 410 to a second topmost surface of the second fin 410. Examiner notes that the first and second fins are recessed in an etching step of the oxide liner 130, such that oxide liner 132 is continuous from a first topmost surface of the first fin 410 to a second topmost surface of the second fin 410, hence meeting the claimed limitation due to the fact that the upper portions of the first and second fins are recessed wherein the top-most surfaces of the first and second fins are at the same level points of the top-most portions of the oxide liner surface, hence meeting the claimed limitation of remains continuous from the first topmost surface of the first fin to the second topmost surface of the second fin; depositing an insulation material 152 over the oxide liner 130/132, referring to FIG. 2F; and recessing “thinning” the insulation material 152, referring to FIG. 2H [0079]; and forming a gate structure 196 over the first fin 102A, the second fin 102B, and the isolation region 130/132, referring to FIG. 2H. RE Claim 4, YEONG discloses a method, wherein before thinning the oxide liner 130, the first upper portion of the oxide liner 130 overhangs the first lower portion of the oxide liner 130 by a first distance T6, referring to FIG. 2B, wherein after thinning the oxide liner 130, the first upper portion of the oxide liner overhangs the first lower portion of the oxide liner by a second distance T12, and wherein the first distance is greater than the second distance, referring to FIGS. 2B-2C [0043-0044]. RE Claim 5, YEONG discloses a method, wherein thinning the oxide liner comprises 130 thinning the first upper portion, with a thickness T6 by a greater amount than thinning the first lower portion T13, referring to FIGS. 2B-2C. As annotated above in FIGS. 2B-2C, the thickness removed from the upper portion of liner 130 is more than that removed at the lower bottom portion T”13 as annotated above, hence meeting the claimed limitation [0043-0045 and 0052]. RE Claim 6, YEONG discloses a method, wherein the oxide liner further comprises a second upper portion and a second lower portion along the second fin 102B, wherein thinning the oxide liner 130 comprises increasing a first lateral distance D1 between the first upper portion and the second upper portion of the oxide liner 130, referring to FIG. 2C. RE Claim 7, YEONG discloses a method, wherein thinning the oxide liner 130 comprises increasing a second lateral distance D2 between the first lower portion and the second lower portion of the oxide liner 130, referring to FIG. 2B, and wherein increasing the first lateral distance D1 is by a greater amount than increasing the second lateral distance D2. It is the examiner position that the limitation is met since the more material of the spacer 130 is removed form the upper potion that the lower portion, which is an indication of increasing the first lateral distance D1 is by a greater amount than increasing the second lateral distance D2. 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. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or non-obviousness. Claim(s) 2 and 3 is/are rejected under 35 U.S.C. 103 as being unpatentable YEONG et al. (US 2020/0381289), (hereinafter, YEONG). RE Claims 2 and 3, YEONG discloses a method, wherein thinning the oxide liner comprises performing a post-deposition anisotropic dry etching process on the oxide liner 130 [0050]. YEONG does not disclose explicitly a plasma dry etch. However, Examiner take an Official Notice that plasma etch is a well-know method of oxide dry etching. Therefore, it would have been obvious for one of ordinary skill in the art, at the effective filing date of the instant application, to use plasma etching for thinning the oxide liner 130 order to control the etch selectivity and hence the oxide liner 130 etched profile. Response to Arguments Applicant's arguments filed 03/20/2026 have been fully considered but they are not persuasive. Since the upper portions of the first and second fins are recessed wherein the top-most surfaces of the first and second fins are at the same level points of the top-most portions of the oxide liner surface, the claimed limitation of “remains continuous from the first topmost surface of the first fin to the second topmost surface of the second fin” is met. Therefore, the rejection is maintained. Allowable Subject Matter Claims 8-15 and 21-25 are allowable The following is a statement of reasons for the indication of allowable subject matter: the prior art of record, either singularly or in combination, does not disclose or suggest the combination of limitations including depositing an oxide layer over the first semiconductor fin to form a first combined fin comprising a first portion of the oxide layer and the first semiconductor fin, in a cross-section the first combined fin having an upper region and a middle region, the upper region being at a top of the first combined fin, the middle region being midway between the upper region and the substrate, a first upper width of the upper region being greater than a first middle width of the middle region; and recessing the insulation material and the oxide layer to be below a top surface of the first semiconductor fin, as disclosed in Claim 8; or depositing an oxide layer over the first semiconductor fin to form a first combined fin comprising a first portion of the oxide layer and the first semiconductor fin, in a cross-section the first combined fin having an upper region and a middle region, the upper region being at a top of the first combined fin, the middle region being midway between the upper region and the substrate, a first upper width of the upper region being greater than a first middle width of the middle region; performing a plasma process on the oxide layer, wherein after performing the plasma process: a second upper width of the upper region is less than the first upper width; and a second middle width of the middle region is less than the first middle width; depositing an insulation material over the first combined fin; and recessing the insulation material and the oxide layer to be below a top surface of the first semiconductor fin, as disclosed in Claim 21. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. In the instant case, Wang et al. (US 11,527,430) disclose a method for shallow trench isolation structures in a semiconductor device and a semiconductor device including the shallow trench isolation structures are disclosed. In an embodiment, the method may include forming a trench in a substrate; depositing a first dielectric liner in the trench; depositing a first shallow trench isolation (STI) material over the first dielectric liner, the first STI material being deposited as a conformal layer; etching the first STI material; depositing a second STI material over the first STI material, the second STI material being deposited as a flowable material; and planarizing the second STI material such that top surfaces of the second STI material are co-planar with top surfaces of the substrate. MEYER et al. (US 2019/0164809) disclose a semiconductor structure having a fin comprising silicon, and a lower fin portion and an upper fin portion. An insulating structure is directly adjacent sidewalls of the lower fin portion of the fin. A first gate electrode is provided over the upper fin portion and over a first portion of the insulating structure. A second gate electrode is provided over the upper fin portion and over a second portion of the insulating structure. A first dielectric spacer is provided along a sidewall of the first gate electrode. A second dielectric spacer is provided along a sidewall of the second gate electrode, and continuous with the first dielectric spacer over a third portion of the insulating structure between the first gate electrode and the second gate electrode. A third dielectric spacer is provided along a sidewall of the upper fin portion and not on a top surface of the fin, and continuous with the first and second dielectric spacers. The dielectric spacers comprise silicon and nitrogen. Any inquiry concerning this communication or earlier communications from the examiner should be directed to YASSER ABDELAZIEZ whose telephone number is (571)270-5783. The examiner can normally be reached Monday - Friday 9 am - 6 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, Leonard Chang can be reached at (571)270-3691. 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. /YASSER A ABDELAZIEZ, PhD/Primary Examiner, Art Unit 2898
Read full office action

Prosecution Timeline

Jan 10, 2023
Application Filed
Oct 10, 2025
Non-Final Rejection mailed — §102, §103
Jan 09, 2026
Response Filed
Jan 22, 2026
Final Rejection mailed — §102, §103
Mar 20, 2026
Response after Non-Final Action
Apr 08, 2026
Request for Continued Examination
Apr 15, 2026
Response after Non-Final Action
Apr 22, 2026
Non-Final Rejection mailed — §102, §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12684928
LIGHT-EMITTING CHIP, MANUFACTURING METHOD THEREOF AND ELECTRONIC DEVICE
3y 0m to grant Granted Jul 14, 2026
Patent 12684759
SEMICONDUCTOR DEVICE AND METHOD OF MANUFACTURING THE SAME
3y 0m to grant Granted Jul 14, 2026
Patent 12677497
SEMICONDUCTOR DEVICE
5y 5m to grant Granted Jul 07, 2026
Patent 12660535
SUBSTRATE TREATING APPARATUS AND SUBSTRATE TREATING METHOD
3y 6m to grant Granted Jun 16, 2026
Patent 12653017
INTERCONNECT STRUCTURE OF SEMICONDUCTOR DEVICE INCLUDING METAL PATTERN OR VIA STRUCTURE WITH SIDEWALL SPACER STRUCTURE
3y 10m to grant Granted Jun 09, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

Strategy Recommendation AI-generated — please review before filing

Get a prosecution strategy drawn from examiner precedents, rejection analysis, and claim mapping.
Typically takes 5-10 seconds — AI-generated, attorney review required before filing

Prosecution Projections

3-4
Expected OA Rounds
86%
Grant Probability
89%
With Interview (+2.7%)
2y 1m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 816 resolved cases by this examiner. Grant probability derived from career allowance rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month