Prosecution Insights
Last updated: April 19, 2026
Application No. 18/203,829

SEMICONDUCTOR STRUCTURE AND FORMING METHOD THEREOF

Non-Final OA §103
Filed
May 31, 2023
Examiner
VALENZUELA, PATRICIA D
Art Unit
2812
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Semiconductor Manufacturing International (Shanghai) Corporation
OA Round
1 (Non-Final)
90%
Grant Probability
Favorable
1-2
OA Rounds
2y 4m
To Grant
92%
With Interview

Examiner Intelligence

Grants 90% — above average
90%
Career Allow Rate
645 granted / 715 resolved
+22.2% vs TC avg
Minimal +2% lift
Without
With
+2.1%
Interview Lift
resolved cases with interview
Typical timeline
2y 4m
Avg Prosecution
63 currently pending
Career history
778
Total Applications
across all art units

Statute-Specific Performance

§101
1.3%
-38.7% vs TC avg
§103
60.1%
+20.1% vs TC avg
§102
19.9%
-20.1% vs TC avg
§112
8.6%
-31.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 715 resolved cases

Office Action

§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 . Election/Restrictions Applicant’s election of claims 1-5 in the reply filed on 12/03/25 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)). 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) 1-5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jisong(USPGPUB DOCUMENT: 2020/0343132, hereinafter Jisong) in view of Han(USPGPUB DOCUMENT: 2018/0197778, hereinafter Han). Re claim 1 Jisong discloses in Fig 27 a semiconductor structure, comprising: a base(100); a bottom film layer(101a) structure, located on the base(100) and comprising a plurality of discrete first regions(region other than region of 600) and a plurality of second regions(region of 600) located among the first regions(region other than region of 600); top conductive layers(106a/102a), located on the bottom film layer(101a) structure of the first regions(region other than region of 600), wherein openings are enclosed between adjacent top conductive layers(106a/102a) and the bottom film layer(101a) structure; grooves(grooves of 102a/101a), located in the bottom film layer(101a) structure at bottoms of the openings, wherein bottoms of the grooves(grooves of 102a/101a) are lower than bottoms of the top conductive layers(106a/102a); and a first layer(103a/104a), located on the top conductive layers(106a/102a) and further located in the grooves(grooves of 102a/101a), wherein the first layer(103a/104a) seals tops of the openings and encloses air gaps(600) together with the openings, and bottoms of the air gaps(600) are lower than the bottoms of the top conductive layers(106a/102a). Jisong does not disclose a first dielectric layer(103a/104a), wherein the first dielectric layer(103a/104a) seals tops of the openings and encloses air gaps(600) together with the openings, Han discloses in Fig 7 a first dielectric layer(240 of Han)[0061], It would have been obvious to one of ordinary skill in the art at the time of the inventions to use the material of Han to replace the material of Jisong’s device because such material replacement is art recognized suitability for an intended purpose. See MPEP 2144.07. In doing so, a first dielectric layer(240 of Han)[0061], wherein the first dielectric layer(103a/104a) seals tops of the openings and encloses air gaps(600) together with the openings, Re claim 2 Jisong and Han disclose the semiconductor structure according to claim 1, wherein:the bottom film layer(101a) structure comprises conductive plugs[0061 of Han] located in at least a part of the first regions(region other than region of 600) and a second dielectric layer located between the conductive plugs[0061 of Han]; the top conductive layers(106a/102a) are configured to serve as top interconnect wires; and the second dielectric layer is positioned at the bottoms of the grooves(grooves of 102a/101a). Re claim 3 Jisong and Han disclose the semiconductor structure according to claim 2, wherein a depth[0015 of Han] of each groove is 100 Angstr6m to 200 Angstr6m. Re claim 4 Jisong and Han disclose the semiconductor structure according to claim 3, wherein: a third dielectric layer is further formed between the base(100) and the bottom film layer(101a) structure, bottom interconnect wires are formed in the third dielectric layer, and the conductive plugs[0061 of Han] are located on the bottom interconnect wires and make contact with the bottom interconnect wires. Re claim 5 Jisong and Han disclose the semiconductor structure according to claim 1, wherein:the bottom film layer(101a) structure comprises a plurality of floating gate material layers(211 of Han) extending in a first direction and arranged in a second direction;the top conductive layers(106a/102a) are control gate layers(213 of Han), the control gate layers(213 of Han) are located on the floating gate material layers(211 of Han) in the first regions(region other than region of 600) and extend in the second direction, and the plurality of control gate layers(213 of Han) are arranged in sequence in the first direction; and the grooves(grooves of 102a/101a) penetrate through the floating gate material layers(211 of Han) located in the second regions(region of 600), and the remaining of the floating gate material layers(211 of Han) located in the first regions(region other than region of 600) are configured to serve as a floating gate layer. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to PATRICIA D VALENZUELA whose telephone number is (571)272-9242. The examiner can normally be reached Monday-Friday 10am-6pm 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, William Partridge can be reached at 571-270-1402. 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. /PATRICIA D VALENZUELA/Primary Examiner, Art Unit 2812
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Prosecution Timeline

May 31, 2023
Application Filed
Mar 07, 2026
Non-Final Rejection — §103 (current)

Precedent Cases

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
90%
Grant Probability
92%
With Interview (+2.1%)
2y 4m
Median Time to Grant
Low
PTA Risk
Based on 715 resolved cases by this examiner. Grant probability derived from career allow rate.

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