Prosecution Insights
Last updated: July 17, 2026
Application No. 18/228,250

SEMICONDUCTOR DEVICE STRUCTURE AND METHODS OF FORMING THE SAME

Non-Final OA §103
Filed
Jul 31, 2023
Examiner
KOO, LAMONT B
Art Unit
2813
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Taiwan Semiconductor Manufacturing Company, Ltd.
OA Round
2 (Non-Final)
81%
Grant Probability
Favorable
2-3
OA Rounds
0m
Est. Remaining
86%
With Interview

Examiner Intelligence

Grants 81% — above average
81%
Career Allowance Rate
446 granted / 553 resolved
+12.7% vs TC avg
Minimal +5% lift
Without
With
+4.9%
Interview Lift
resolved cases with interview
Typical timeline
2y 6m
Avg Prosecution
34 currently pending
Career history
607
Total Applications
across all art units

Statute-Specific Performance

§103
87.0%
+47.0% vs TC avg
§102
11.7%
-28.3% vs TC avg
§112
1.3%
-38.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 553 resolved cases

Office Action

§103
DETAILED ACTION 1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . 2. Applicant's election without traverse of claims 13-20 in the reply filed on 12/10/2025 is acknowledged. 3. Claims 1-12 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected group. 4. Applicant cancelled claims 1-12; and added claims 21-32. 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 of this title, 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. Claims 13-15, 21, 22, and 29 are rejected under 35 U.S.C. 103 as being unpatentable over Chun et al. (US 2024/0170552) (hereafter Chun), in view of Mohapatra et al. (US 2018/0158944) (hereafter Mohapatra). Regarding claim 13, Chun discloses a method, comprising: forming a stack of first 112 (Fig. 10, paragraph 0057) and second semiconductor layers 122 (Fig. 10, paragraph 0057); forming a sacrificial gate stack 150 (Fig. 10, paragraph 0061) over a portion of the stack of first 112 (Fig. 10) and second semiconductor layers 122 (Fig. 10); forming spacers 182 (Fig. 13, paragraph 0066) on sidewalls of the sacrificial gate stack 150 (Fig. 13); removing (see Fig. 13) exposed portions of the stack of first 112 (Fig. 13) and second semiconductor layers 122 (Fig. 13) to expose a substrate portion 105 (Fig. 13, paragraph 0078); depositing a first semiconductor material 210 (Fig. 20, paragraph 0078) over the substrate portion 105 (Fig. 20) and in contact with the first semiconductor layers 116 (Fig. 20; see Fig. 13 and paragraph 0069, wherein 112 becomes 114; and Fig. 20 and paragraph 0073, wherein 114 becomes 116); and depositing a layer 220 (Fig. 27, paragraph 0020), wherein the layer 220 (Fig. 27) has a first portion (lower portion of 220 in Fig. 27) disposed on the first semiconductor material 210 (Fig. 27) and a second portion (upper portion of 220 in Fig. 27) disposed on the spacers 182 (Fig. 27); and depositing a second semiconductor material 230 (Fig. 27, paragraph 0020) on the first portion (lower portion of 220 in Fig. 27) of the layer. Chun does not disclose a layer being a first aluminum-containing layer. Mohapatra discloses a layer 218 (Fig. 2e’, paragraph 0031, wherein “aluminum-containing layer”) being a first aluminum-containing layer. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Chun to form a layer being a first aluminum-containing layer, as taught by Mohapatra, in order to reduce sub-fin leakage (Mohapatra, paragraph 0036), by virtue of conduction band offset to the indium-rich channel layer. Regarding claim 14, Chun in view of Mohapatra discloses the method of claim 13, however Chun does not disclose a thickness of the first portion of the first aluminum-containing layer is substantially greater than a thickness of the second portion of the first aluminum-containing layer. Mohapatra discloses a thickness of the first portion (middle and lower portion of 218 in Fig. 2e’) of the first aluminum-containing layer 218 (Fig. 2e’, paragraph 0031, wherein “aluminum-containing layer”) is substantially greater than a thickness of the second portion (upper portion of 218 in Fig. 2e’) of the first aluminum-containing layer 218 (Fig. 2e’). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Chun to form a thickness of the first portion of the first aluminum-containing layer is substantially greater than a thickness of the second portion of the first aluminum-containing layer, as taught by Mohapatra, since a change in size is generally recognized as being within the level of ordinary skill in the art In re Rose, 105 USPQ 237 (CCPA 1955). In addition, in the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976). Note that the specification contains no disclosure of either the critical nature of the claimed ranges or any unexpected results arising therefrom. Where patentability is said to be based upon particular chosen dimensions or upon another variable recited in a claim, the applicant must show that the chosen dimensions are critical. In re Woodruff, 919 f.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990). Regarding claim 15, Chun in view of Mohapatra discloses the method of claim 14, however Chun does not disclose the thickness of the first portion of the first aluminum-containing layer ranges from about 0.2 nm to about 1.5 nm. Mohapatra discloses the thickness of the first portion of the first aluminum-containing layer 218 (Fig. 2e’, paragraph 0034, wherein “2 nm to 25 nm, or 4 nm to 20 nm, or 5 nm to 20 nm, or 5 nm to 15 nm, or 5 nm to 10 nm; other suitable thicknesses can be used as well”) ranges from about 0.2 nm to about 1.5 nm. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Chun to form the thickness of the first portion of the first aluminum-containing layer ranges from about 0.2 nm to about 1.5 nm, as taught by Mohapatra, since a change in size is generally recognized as being within the level of ordinary skill in the art In re Rose, 105 USPQ 237 (CCPA 1955). In addition, in the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976). Note that the specification contains no disclosure of either the critical nature of the claimed ranges or any unexpected results arising therefrom. Where patentability is said to be based upon particular chosen dimensions or upon another variable recited in a claim, the applicant must show that the chosen dimensions are critical. In re Woodruff, 919 f.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990). Regarding claim 21, Chun discloses a method, comprising: forming a fin (112 and 122 in Fig. 11, paragraph 0056); forming a sacrificial gate stack 150 (Fig. 11, paragraph 0061) over a portion of the fin (112 and 122 in Fig. 11); removing exposed portions of the fin (112 and 122 in Fig. 11) to form an opening 190 (Fig. 13, paragraph 0068); depositing a first semiconductor material 210 (Fig. 20, paragraph 0020) in the opening 190 (Fig. 20); depositing a layer 220 (Fig. 27, paragraph 0020) on the first semiconductor material 210 (Fig. 20) in the opening 190 (Fig. 20); and depositing a second semiconductor material 230 (Fig. 27, paragraph 0020) on the layer 220 (Fig. 27) in the opening. Chun does not disclose a layer being a first aluminum-containing layer. Mohapatra discloses a layer 218 (Fig. 2e, paragraph 0031, wherein “aluminum-containing layer”) being a first aluminum-containing layer. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Chun to form a layer being a first aluminum-containing layer, as taught by Mohapatra, in order to reduce sub-fin leakage (Mohapatra, paragraph 0036), by virtue of conduction band offset to the indium-rich channel layer. Regarding claim 22, Chun further discloses the method of claim 21, wherein the first semiconductor material 210 (Fig. 20, paragraph 0081, wherein “first epitaxial layer 210 may be grown”) is deposited by epitaxy. Regarding claim 29, Chun discloses a method, comprising: forming a fin (112 and 122 in Fig. 11, paragraph 0056); forming a sacrificial gate stack 150 (Fig. 11, paragraph 0061) over a portion of the fin (112 and 122 in Fig. 11); forming spacers 182 (Fig. 13, paragraph 0066) on sidewalls of the sacrificial gate stack 150 (Fig. 13); removing (see Fig. 13) exposed portions of the fin (112 and 122 in Fig. 11) to expose a substrate portion 105 (Fig. 13, paragraph 0078); depositing a first semiconductor material 210 (Fig. 20, paragraph 0078) over the substrate portion 105 (Fig. 20) and adjacent the fin (116 and 124 in Fig. 20): depositing a layer 220 (Fig. 27, paragraph 0020), wherein the layer 220 (Fig. 27) has a first portion (lower portion of 220 in Fig. 27) disposed on the first semiconductor material 210 (Fig. 27) and a second portion (upper portion of 220 in Fig. 27) disposed on the spacers 182 (Fig. 27); and depositing a second semiconductor material 230 (Fig. 27, paragraph 0020) on the first portion (lower portion of 220 in Fig. 27) of the layer. Chun does not disclose a layer being a first aluminum-containing layer. Mohapatra discloses a layer 218 (Fig. 2e, paragraph 0031, wherein “aluminum-containing layer”) being a first aluminum-containing layer. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Chun to form a layer being a first aluminum-containing layer, as taught by Mohapatra, in order to reduce sub-fin leakage (Mohapatra, paragraph 0036), by virtue of conduction band offset to the indium-rich channel layer. Claim 23 is rejected under 35 U.S.C. 103 as being unpatentable over Chun in view of Mohapatra as applied to claim 22 above, and further in view of Bomberger et al. (US 2023/0163212) (hereafter Bomberger). Regarding claim 23, Chun in view of Mohapatra discloses the method of claim 22, however Chun and Mohapatra do not disclose the first aluminum-containing layer is deposited by CVD or PVD. Bomberger disclose the first aluminum-containing layer 112B (Fig. 9B, paragraph 0067, wherein “aluminum”) is deposited by CVD or PVD (see paragraph 0038, wherein “CVD”) . It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Chun in view of Mohapatra to include the first aluminum-containing layer is deposited by CVD or PVD, as taught by Bomberger, since a person of ordinary skill has good reason to pursue the known options within his or her technical grasp, in the instant case choosing DVD from the methods listed in paragraph 0038 of Bomberger (e.g. chemical vapor deposition (CVD), physical vapor deposition (PVD), atomic layer deposition (ALD), and/or molecular beam epitaxy (MBE); if this leads to the anticipated success, in the instant case providing a method of forming an aluminum-containing layer, it is likely the product not of innovation but of ordinary skill. KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395-97 (2007). Allowable Subject Matter 1. Claims 16-20, 24-28, and 30-32 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. The following is a statement of reasons for the indication of allowable subject matter: 2. Claim 16 would be allowable because a closest prior art, Chun et al. (US 2024/0170552), discloses depositing a layer 220 (Fig. 27, paragraph 0020), wherein the layer 220 (Fig. 27) has a first portion (lower portion of 220 in Fig. 27) disposed on the first semiconductor material 210 (Fig. 27) and a second portion (upper portion of 220 in Fig. 27) disposed on the spacers 182 (Fig. 27); and depositing a second semiconductor material 230 (Fig. 27, paragraph 0020) on the first portion (lower portion of 220 in Fig. 27) of the layer but fails to disclose depositing a second aluminum-containing layer, wherein the second aluminum-containing layer has a first portion disposed on the second semiconductor material and a second portion disposed on the second portion of the first aluminum-containing layer. Additionally, the prior art of record neither anticipates nor renders obvious the limitations of the claim that recites a method, comprising: depositing a second aluminum-containing layer, wherein the second aluminum-containing layer has a first portion disposed on the second semiconductor material and a second portion disposed on the second portion of the first aluminum-containing layer in combination with other elements of the base claim 13. The other claims each depend from one of these claims, and each would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims for the same reasons as the claim from which it depends. Claims 17-20 depend on claim 16. In addition, claim 24 would be allowable because a closest prior art, Chun et al. (US 2024/0170552), discloses depositing a second semiconductor material 230 (Fig. 27, paragraph 0020) on the layer 220 (Fig. 27) in the opening 190 (Fig. 20) but fails to disclose a second aluminum-containing layer on the second semiconductor material in the opening. Additionally, the prior art of record neither anticipates nor renders obvious the limitations of the claim that recites a method, comprising: a second aluminum-containing layer on the second semiconductor material in the opening in combination with other elements of the base claim 21. The other claims each depend from one of these claims, and each would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims for the same reasons as the claim from which it depends. Claims 25-28 depend on claim 24. Furthermore, claim 30 would be allowable because a closest prior art, Chun et al. (US 2024/0170552), discloses depositing a second semiconductor material 230 (Fig. 27, paragraph 0020) on the first portion (lower portion of 220 in Fig. 27) of the layer 220 (Fig. 27, paragraph 0020) but fails to disclose depositing a second aluminum-containing layer on the second semiconductor material and depositing a third semiconductor material on the second aluminum-containing layer. Additionally, the prior art of record neither anticipates nor renders obvious the limitations of the claim that recites a method, comprising: depositing a second aluminum-containing layer on the second semiconductor material and depositing a third semiconductor material on the second aluminum-containing layer in combination with other elements of the base claim 29. The other claims each depend from one of these claims, and each would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims for the same reasons as the claim from which it depends. Claims 31-32 depend on claim 30. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to LAMONT B KOO whose telephone number is (571)272-0984. The examiner can normally be reached 7:00 AM - 3:30 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, Steven Gauthier can be reached on (571)270-0373. 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. /L.B.K/Examiner, Art Unit 2813 /SHAHED AHMED/Primary Examiner, Art Unit 2813
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Prosecution Timeline

Jul 31, 2023
Application Filed
Dec 29, 2025
Non-Final Rejection mailed — §103
Mar 28, 2026
Response Filed
Jul 14, 2026
Non-Final Rejection mailed — §103 (current)

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Prosecution Projections

2-3
Expected OA Rounds
81%
Grant Probability
86%
With Interview (+4.9%)
2y 6m (~0m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 553 resolved cases by this examiner. Grant probability derived from career allowance rate.

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