Prosecution Insights
Last updated: July 17, 2026
Application No. 18/234,987

SEMICONDUCTOR DEVICE

Non-Final OA §103
Filed
Aug 17, 2023
Priority
Sep 28, 2022 — RE 10-2022-0122994
Examiner
BRADFORD, PETER
Art Unit
2897
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Samsung Electronics Co., Ltd.
OA Round
1 (Non-Final)
80%
Grant Probability
Favorable
1-2
OA Rounds
0m
Est. Remaining
85%
With Interview

Examiner Intelligence

Grants 80% — above average
80%
Career Allowance Rate
603 granted / 750 resolved
+12.4% vs TC avg
Minimal +4% lift
Without
With
+4.2%
Interview Lift
resolved cases with interview
Typical timeline
2y 6m
Avg Prosecution
35 currently pending
Career history
790
Total Applications
across all art units

Statute-Specific Performance

§101
0.4%
-39.6% vs TC avg
§103
80.0%
+40.0% vs TC avg
§102
6.9%
-33.1% vs TC avg
§112
12.3%
-27.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 750 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 Election/Restriction Pursuant to the election without traverse on March 9, 2026, nonelected claims 6-14 are withdrawn from consideration. Specification The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed. The examiner proposes: NANOSHEET DEVICE WITH A DIFFUSION BARRIER WHERE THE NANOSHEET IS ANGLED IN PLAN VIEW Claim Rejections - 35 USC § 103 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. 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. Claims 1-5 and 15-20 are rejected under 35 U.S.C. 103 as being unpatentable over Wang, US 2023/0261076 A1. Claim 1: Wang discloses a first nanosheet structure (120 in G2, FIG. 2J-7) on a substrate, the first nanosheet structure having a first width (W3) in a second direction parallel to an upper surface of the substrate, the first nanosheet structure including silicon patterns (121, 123, 125, and 127, [0037]) that are spaced apart from each other in a vertical direction perpendicular to the upper surface of the substrate (FIG. 1A); a second nanosheet structure (120 in G1) spaced apart from the first nanosheet structure in a first direction (the length direction in FIG. 1A) perpendicular to the second direction on the substrate and parallel to the upper surface of the substrate, the second nanosheet structure having a second width (W1) in the second direction greater than the first width ([0032]), and the second nanosheet structure including silicon patterns (121, 123, 125, and 127, [0037]) that are spaced apart from each other in the vertical direction (FIG. 1A); a diffusion break pattern (140) disposed between the first and second nanosheet structures in the first direction; a first epitaxial pattern (left part of 180C) disposed between the first nanosheet structure and the diffusion break pattern in the first direction, the first epitaxial pattern directly contacting the first nanosheet structure and the diffusion break pattern, respectively (FIG. 2J-7); and a second epitaxial pattern (right part of 180A) disposed between the second nanosheet structure and the diffusion break pattern in the first direction, the second epitaxial pattern directly contacting the second nanosheet structure and the diffusion break pattern, respectively (FIG. 2J-7). PNG media_image1.png 497 598 media_image1.png Greyscale From Wang FIG. 2J-7, it is difficult to see the contact point between the diffusion break pattern and the epitaxial patterns. However, as there is one epitaxial process ([0095]), the epitaxial growth rate will be the same. Thus, as seen in FIG. 1B, it would be expected or obvious for the epitaxial layers to be the same distance from the back of 120, and thus the line between the points of contact will be parallel to the first direction. Thus the angle with the first direction will be approximately zero degrees. Thus at least one of imaginary first lines connecting a first contact point of an end portion positioned in the second direction between the diffusion break pattern and the first epitaxial pattern and a second contact point at an end portion in the second direction between the diffusion break pattern and the second epitaxial pattern extends to have an angle less than about 30 degrees with respect to the first direction. PNG media_image2.png 576 798 media_image2.png Greyscale This reads on claim 1. Alternatively, considering the front side of the device, Wang does not disclose the angle of the wall of 120 on the front side in the transition region TR is greater than zero: PNG media_image3.png 518 598 media_image3.png Greyscale However, this would be a results effective variable. The change in in the second direction would be determined by the needed channel length of each device. The width would be determined by the necessary distance for the diffusion break to protect the device ([0110]). Those in the art would have been enabled to determine those distances with ordinary skill. For example, for devices with only a very small difference in the width of the nanosheets, the angle would be expected to be within the claimed range. Claim 2: a volume of the first epitaxial pattern and a volume of the second epitaxial pattern would be expected to be different from each other, because 180A grows from a wider fin, and thus will be wider, while they are the same height (FIG. 2J-7). This would have been an obvious or expected outcome, as it would have been obvious for them to have the same distance along the first direction to equivalently facilitate connection to the sources and drains. Claim 3: as there is one epitaxial process ([0095]), the epitaxial growth rate will be the same. Thus, as seen in FIG. 1B, the epitaxial layers will be the same distance from the back of 120, and thus the line between the points of contact will be parallel to the first direction. Thus the angle with the first direction will be approximately zero degrees. Thus at least one of imaginary second lines connecting a third contact point of an end portion positioned in the second direction between the diffusion break pattern and the first epitaxial pattern and a fourth contact point at an end portion positioned in the second direction between the diffusion break pattern and the second epitaxial pattern extends parallel to the first direction. PNG media_image2.png 576 798 media_image2.png Greyscale Claim 4: Wang discloses gate structures (240) covering each of the first and second nanosheet structures and extending in the second direction (FIG. 2J-7). Claim 5: As explained above with respect to claim 1, the angle of least one of the imaginary first lines with respect to the first direction would be a results effective variable. The change in in the second direction would be determined by the needed channel length of each device. The width would be determined by the necessary distance for the diffusion break to protect the device ([0110]). Those in the art would have been enabled to determine those distances with ordinary skill. For example, for devices with only a very small difference in the width of the nanosheets, the angle would be expected to be within the claimed range. Claim 15: Wang discloses a first transistor (100C) on a substrate, the first transistor including a first nanosheet structure (120) having a first width (W3) in a second direction parallel to an upper surface of the substrate, a first gate structure (G2) covering the first nanosheet structure and extending in the second direction, and first epitaxial patterns (180C) on both sides of the first gate structure, the first epitaxial patterns are directly connected to the first nanosheet structure (FIG. 2D-1); a second transistor (100A) on the substrate, the second transistor including a second nanosheet structure (120) having a second width (W1) in the second direction greater than the first width ([0032]), a second gate structure (G1) covering the second nanosheet structure and extending in the second direction, and second epitaxial patterns (180A) on both sides of the second gate structure, the second epitaxial patterns are directly connected to the second nanosheet structure (FIG. 2D-1); and a diffusion break pattern (210) disposed between the first transistor and the second transistor, wherein the first and second transistors are electrically isolated from each other by the diffusion break pattern, “The trench A1 is filled with the dielectric dummy gate 210” [0104]. wherein a first side of the diffusion break pattern directly contacts one of the first epitaxial patterns, and a second side of the diffusion break pattern directly contacts one of the second epitaxial patterns (FIG. 2G-1). PNG media_image1.png 497 598 media_image1.png Greyscale From Wang FIG. 2J-7, it is difficult to see the contact point between the diffusion break pattern and the epitaxial patterns. However, as there is one epitaxial process ([0095]), the epitaxial growth rate will be the same. Thus, as seen in FIG. 1B, it would be expected or obvious for the epitaxial layers will be the same distance from the back of 120, and thus the line between the points of contact will be parallel to the first direction. Thus the angle with the first direction will be approximately zero degrees. Thus and wherein at least one of imaginary lines connecting a first contact point of an end portion positioned in the second direction between the diffusion break pattern and a first epitaxial pattern of the first epitaxial patterns and a second contact point at an end portion positioned in the second direction between the diffusion break pattern and a second epitaxial pattern of the second epitaxial patterns extends to have an angle less than about 30 degrees with respect to a first direction perpendicular to the second direction and parallel to the upper surface of the substrate. PNG media_image2.png 576 798 media_image2.png Greyscale This reads on claim 1. Alternatively, considering the front side of the device, Wang does not disclose the angle of the wall of 120 on the front side in the transition region TR is greater than zero: PNG media_image3.png 518 598 media_image3.png Greyscale However, this would be a results effective variable. The change in in the second direction would be determined by the needed channel length of each device. The width would be determined by the necessary distance for the diffusion break to protect the device ([0110]). Those in the art would have been enabled to determine those distances with ordinary skill. For example, for devices with only a very small difference in the width of the nanosheets, the angle would be expected to be within the claimed range. Claim 16: a first epitaxial pattern of the first epitaxial patterns that directly contacts the diffusion break pattern would be expected to have a volume different from a volume of a first epitaxial pattern of the first epitaxial patterns that does not directly contact the diffusion break pattern. As seen in FIG. 1B, the fin 114 has an expansion portion near 140B, which becomes the diffusion break. Thus the width of the epitaxial layer of 180C on the left will be expanded at that end, and thus would be expected to have a larger volume. The height is the same (FIG. 2j-7), and it would have been obvious for them to have the same distance along the first direction to equivalently facilitate connection to the sources and drains. Claim 17: second epitaxial pattern of the second epitaxial patterns that directly contacts the diffusion break pattern would be expected to have a volume different from a volume of a second epitaxial pattern of the second epitaxial patterns that does not directly contact the diffusion break pattern. As seen in FIG. 1B, the fin 114 has a narrowing portion near 140B, which becomes the diffusion break. Thus the width of the epitaxial layer of 180A on the right will be narrowed at that end, and thus would be expected to have a smaller volume. The height is the same (FIG. 2j-7), and as it would have been obvious for them to have the same distance along the first direction to equivalently facilitate connection to the sources and drains. Claim 18: a first epitaxial pattern of the first epitaxial patterns that directly contacts the diffusion break pattern and a second epitaxial pattern of the second epitaxial patterns that directly contacts the diffusion break pattern would be expected to have different volumes from each other. because 180A grows from a wider fin, and thus will be wider, while they are the same height (FIG. 2J-7). This would have been an obvious or expected outcome, as it would have been obvious for them to have the same distance along the first direction to equivalently facilitate connection to the sources and drains. Claim 19 recites that “the first transistor includes a plurality of first transistors, and the plurality of first transistors are connected in the first direction.” Claim 20: recites that “the second transistor includes a plurality of second transistors, and the plurality of second transistors are connected in the first direction.” This is mere duplication of parts. Once fin sections of different width are formed, it is straightforward to use them to form additional transistors depending on the application. Mere multiplication of parts is not a source of patentable distinction absent unexpected results. MPEP 2144.04. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Kang, US 20180182846 A1, and Lai, US 20220292244 A1, Both of which disclose variable width fins/nanosheets and diffusion breaks. Any inquiry concerning this communication or earlier communications from the examiner should be directed to PETER BRADFORD whose telephone number is (571)270-1596. The examiner can normally be reached 10:30-6:30. 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, Jacob Choi can be reached at 469.295.9060. 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. /PETER BRADFORD/Primary Examiner, Art Unit 2897
Read full office action

Prosecution Timeline

Aug 17, 2023
Application Filed
Apr 08, 2026
Non-Final Rejection mailed — §103
Jun 01, 2026
Interview Requested
Jun 12, 2026
Applicant Interview (Telephonic)
Jun 12, 2026
Examiner Interview Summary

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12666853
MANUFACTURING METHOD FOR DISPLAY SUBSTRATE, DISPLAY SUBSTRATE, AND DISPLAY DEVICE
3y 2m to grant Granted Jun 23, 2026
Patent 12660526
GAS CURTAIN DEVICE AND GAS PERMEABLE ASSEMBLY WITH BAFFLE PLATE
3y 10m to grant Granted Jun 16, 2026
Patent 12660428
Display Substrate With Central Region With Lower Pixel Density and Preparation Method Thereof, and Display Apparatus
1y 10m to grant Granted Jun 16, 2026
Patent 12644859
INTEGRATED PLATFORMS FOR MICROSCALE SPATIALLY-RESOLVED ELECTROCHEMICAL MEASUREMENTS
4y 7m to grant Granted Jun 02, 2026
Patent 12648321
Display Device
3y 9m to grant Granted Jun 02, 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

1-2
Expected OA Rounds
80%
Grant Probability
85%
With Interview (+4.2%)
2y 6m (~0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 750 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