Prosecution Insights
Last updated: July 05, 2026
Application No. 18/322,286

METHODS AND SYSTEMS FOR FORMING DIPOLE LAYERS IN STACKED GATE-ALL-AROUND TRANSISTORS

Final Rejection §102§103
Filed
May 23, 2023
Priority
May 24, 2022 — provisional 63/345,315
Examiner
MIYOSHI, JESSE Y
Art Unit
2898
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
ASM IP Holding B.V.
OA Round
2 (Final)
57%
Grant Probability
Moderate
3-4
OA Rounds
6m
Est. Remaining
76%
With Interview

Examiner Intelligence

Grants 57% of resolved cases
57%
Career Allowance Rate
276 granted / 484 resolved
-11.0% vs TC avg
Strong +19% interview lift
Without
With
+18.7%
Interview Lift
resolved cases with interview
Typical timeline
3y 7m
Avg Prosecution
31 currently pending
Career history
541
Total Applications
across all art units

Statute-Specific Performance

§101
0.3%
-39.7% vs TC avg
§103
75.9%
+35.9% vs TC avg
§102
15.8%
-24.2% vs TC avg
§112
5.1%
-34.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 484 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 . Response to Arguments Applicant's arguments filed 2/3/2026 have been fully considered but they are not persuasive. Applicant argues on page 7 with respect to claims 1 and 2 in combination with the limitations from cancelled claim 3 that the first dipole layer 150 and second dipole layer 154 diffuses into IL 148 and make an intermixed layer 158 and 156. The thermal treatment involves the IL 148 and not the high-k dielectric. Although not explicitly argued, it appears Applicant has a first argument that the reference does not teach “annealing the substrate, thereby forming a first gate dielectric from the first layer and the high-k dielectric; and forming a second gate dielectric from the second layer and the high-k dielectric” because Huang has an intermixed layer 158, 156 formed from a first anneal and a high-k dielectric on top and third and fourth dipole layers followed by a second anneal. Applicant also seems to argue a second point about of the annealing step and implies that the first gate dielectric is a mixture of the first layer and the high-k dielectric and the second gate dielectric is a mixture of the second layer and the high-k dielectric. Examiner respectfully disagrees. With respect to the first argument, the claim is a method claim which uses the term comprises. This recitation leave the claim as an open ended claim which can include additional intermediate steps and the teachings of Huang teaches each method step in the order claimed. With respect to the second argument, the Examiner takes the position that the second annealing step meets the claim limitation, whether or not the annealing step directly inter-diffuses the deposited layers because that is not claimed. The claim merely states that the forming a first/second gate dielectric from the first/second layer and the high-k dielectric and since the final product has all the deposited layers as being a gate dielectric. Applicant’s argument on page 7 that the third and fourth dipole layer does not read on the claim is moot since that assertion was never made by Examiner. Claim Rejections - 35 USC § 102 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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claim(s) 1-2, 5, 12, and 21-23 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Huang et al. (US PGPub 2022/0165731; hereinafter “Huang”). Re claim 1: Huang teaches (e.g. figs. 23-29A, 30, 32-42A-C) a method of forming a structure, comprising providing a substrate (substrate 101, liner 119, and dielectric 121; e.g. paragraphs 34, 38; hereinafter “S”), the substrate (S) comprising a gap (openings 151; e.g. paragraph 57), the gap (151) comprising a lower part (lower part of 151 adjacent 155; hereinafter “151L”) and an upper part (upper part of 151 adjacent 153; hereinafter “151U”); forming a first layer (first dipole layer 150 of Al2O3 formed in fig. 25; e.g. paragraph 63) on one or more first surfaces in the lower part (151L) of the gap (151) and on one or more second surfaces in the upper part (151U) of the gap (151); forming a gap filling fluid (fig. 27 shows recessed mask layer 152 has top surface 157; e.g. paragraph 66) in the lower part (151L) of the gap (151); selectively etching (150 not covered by 152 is removed; e.g. paragraph 67) the first layer (150) with respect to the gap filling fluid (152), thereby removing the first layer (150) from the one or more second surfaces in the upper part (151U) of the gap (151); forming a second layer (second dipole layer 154 of La2O3 formed after removal of portions of 150 as shown in fig. 28; e.g. paragraph 68) on the one or more second surfaces in the upper part (151U) of the gap (151), the first layer (150) and the second layer (154) having a different composition (150 and 154 are different material composition as explained in paragraphs 63 and 68); removing the gap filling fluid (152 is removed as shown in fig. 29A); forming a high-k dielectric (high-k dielectric 160 formed on 158 which is comprised of 150 and on 156 which is comprised of 154; e.g. paragraph 77) on the first layer (150, 158) and on the second layer (154, 156); and, annealing (thermal treatment 175; e.g. paragraph 84) the substrate (S), thereby forming a first gate dielectric (158, 171) from the first layer (150) and the high k-dielectric (160); and forming a second gate dielectric (156, 173) from the second layer (154) and the high-k dielectric (160). Re claim 12: Huang teaches the method according to claim 1, wherein forming the gap filling fluid (152) is done thermally (the SOC is done at a temperature; e.g. paragraph 65). Re claim 21: Huang teaches the method according to claim 1, wherein the forming of the gap filling fluid (152) in the lower part (151L) of the gap (151) comprises: forming the gap filling fluid (152) in the lower part (151L) and the upper part (151U) of the gap (151); and removing (mask layer 152 is etched back; e.g. paragraph 65) the gap filling fluid (152) from the upper part (151U) of the gap (151). Re claim 22: Huang teaches the method according to claim 21, wherein the removing (mask layer 152 is etched back; e.g. paragraph 65) of the gap filling fluid (152) from the upper part (151U) of the gap (151) comprises: partially etching away the gap filling fluid (152) using an oxygen-containing gas or an plasma gas (RIE; e.g. paragraph 66) to uncover the one or more second surfaces (surfaces of 151U). Re claim 2: Huang teaches (e.g. figs. 23-29A, 30, 32-42A-C) a method of forming a structure, comprising providing a substrate (substrate 101, liner 119, and dielectric 121; e.g. paragraphs 34, 38; hereinafter “S”), the substrate (S) comprising a gap (openings 151; e.g. paragraph 57), the gap (151) comprising a lower part (lower part of 151 adjacent 155; hereinafter “151L”) and an upper part (upper part of 151 adjacent 153; hereinafter “151U”), the lower part (151L) comprising a first set of nanosheets (semiconductor layers 106b of a second FET; e.g. paragraph 27), the upper part (151U) comprising a second set of nanosheets (semiconductor layers 106a of a first FET; e.g. paragraph 27); forming a first layer (first dipole layer 150 of Al2O3 formed in fig. 25; e.g. paragraph 63) on the first set of nanosheets (106b) and on the second set of nanosheets (106a); forming a gap filling fluid (fig. 27 shows recessed mask layer 152 has top surface 157; e.g. paragraph 66) in the lower part (151L) of the gap (151), thereby encapsulating the first set of nanosheets (106b) in gap filling fluid (152); selectively etching (150 not covered by 152 is removed; e.g. paragraph 67) the first layer (150) with respect to the gap filling fluid (152), thereby removing the first layer (150) from the second set of nanosheets (106a); forming a second layer (second dipole layer 154 of La2O3 formed after removal of portions of 150 as shown in fig. 28; e.g. paragraph 68) on the second set of nanosheets (106a), the first layer (150) and the second layer (154) having a different composition (150 and 154 are different material composition as explained in paragraphs 63 and 68); removing the gap filling fluid (152 is removed as shown in fig. 29A); forming a high-k dielectric (high-k dielectric 160 formed on 158 which is comprised of 150 and on 156 which is comprised of 154; e.g. paragraph 77) on the first layer (150, 158) and on the second layer (154, 156); and, annealing (thermal treatment 175; e.g. paragraph 84) the substrate (S), thereby forming a first gate dielectric (158, 171) from the first layer (150) and the high k-dielectric (160); and forming a second gate dielectric (156, 173) from the second layer (154) and the high-k dielectric (160). Re claim 5: Huang teaches the method according to claim 2, wherein at least one of the first set of nanosheets (106b) and the second set of nanosheets (106a) comprise a monocrystalline semiconductor (Si 106 and SiGe 108 layers deposited by epitaxial growth, therefore they are monocrystalline; 108 are etched away to leave nanosheets 106a, 106b; e.g. paragraphs 24 and 26). Re claim 23: Huang in view of Chao teaches the method of claim 2, wherein the forming of the gap filling fluid (152) in the lower part (151L) of the gap (151) comprises: forming the gap filling fluid (152) in the lower part (151L) and the upper part (151U) of the gap (151); and removing (mask layer 152 is etched back; e.g. paragraph 65) the gap filling fluid (152) from the upper part (151U) of the gap (151) 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) 7, 8, and 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Huang as applied to claim 1 above, and further in view of Loubet et al. (US PGPub 2019/0378906; hereinafter “Loubet”). Re claim 7: Huang teaches substantially the entire method as recited in claim 1 except explicitly teaching the gap filling fluid comprises an oligomeric compound. Loubet teaches an organic planarization layer used for a block mask 30, 41 comprises an epoxy resin, or polyimide resin (e.g. paragraphs 45-47) and further teaches (e.g. fig. 8) the method according to claim 1, wherein the gap filling fluid (block mask 41 comprises an epoxy resin, or polyimide resin; e.g. paragraphs 45-47) comprises an oligomeric compound (epoxy resin; e.g. paragraphs 45-47). It would have been obvious to one of ordinary skill in the art at the time of effective filing, absent unexpected results, to use an epoxy resin which is an oligomeric compound as the material for the gap filling as taught by Loubet in the method of Huang in order to have the predictable result of using a known effective gap filling mask material so that the method can effectively make a blocking mask layer. Re claim 8: Huang teaches substantially the entire method as recited in claim 1 except explicitly teaching the gap filling fluid comprises a plurality of imide functional groups. Loubet teaches an organic planarization layer used for a block mask 30, 41 comprises an epoxy resin, or polyimide resin (e.g. paragraphs 45-47) and further teaches (e.g. fig. 8) the method according to claim 1, wherein the gap filling fluid (block mask 41 comprises an epoxy resin, or polyimide resin; e.g. paragraphs 45-47) comprises a plurality of imide functional groups (epoxy resin; e.g. paragraphs 45-47). It would have been obvious to one of ordinary skill in the art at the time of effective filing, absent unexpected results, to use a polyimide resin which is an imide functional group material compound as the material for the gap filling as taught by Loubet in the method of Huang in order to have the predictable result of using a known effective gap filling mask material so that the method can effectively make a blocking mask layer. Re claim 11: Huang teaches substantially the entire method as recited in claim 1 except explicitly teaching the gap filling fluid comprises generating a plasma. Loubet teaches an organic planarization layer used for a block mask 30, 41 comprises an epoxy resin, polyimide resin, or an anti-reflection coating (ARC) (e.g. paragraphs 45-47) and further teaches (e.g. fig. 8) the method according to claim 1, wherein the gap filling fluid (block mask 41 comprises an ARC layer; e.g. paragraphs 45-47) comprises generating a plasma (ARC layer can be made using a PECVD; e.g. paragraph 47). It would have been obvious to one of ordinary skill in the art at the time of effective filing, absent unexpected results, to use an ARC layer for the gap filling layer as taught by Loubet in the method of Huang in order to have the predictable result of using a known effective gap filling mask material using a method can effectively make a block masking layer. Claim(s) 9, 17, 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Huang as applied to claim 1 above, and further in view of Loubet et al. (US PGPub 2019/0378906; hereinafter “Loubet”) and George et al. (US PGPub 2010/0178481; hereinafter “George”). Re claim 9: Huang teaches substantially the entire method as recited in claim 1 except explicitly teaching forming the gap filling fluid comprises exposing the substrate to a gap fill precursor and exposing the substrate to a gap fill reactant. Loubet teaches an organic planarization layer used for a block mask 30, 41 comprises an epoxy resin (e.g. paragraphs 45-47) and further teaches (e.g. fig. 8) the method according to claim 1, wherein the gap filling fluid (block mask 41 comprises an epoxy resin, or polyimide resin; e.g. paragraphs 45-47) comprises an oligomeric compound (epoxy resin; e.g. paragraphs 45-47). George teaches the method according to claim 1, wherein forming the gap filling fluid (152 of Huang) comprises exposing the substrate to a gap fill precursor (oligomer of Loubet can be formed by an ALD process such as the process for forming an oligomer polyurethane reactant contains a first functional group comprising an anhydride group and a precursor containing a second functional group comprising an carboxylic anhydride; e.g. paragraph 72) and exposing the substrate to a gap fill reactant. It would have been obvious to one of ordinary skill in the art at the time of effective filing, absent unexpected results, to use an epoxy resin which is an oligomeric compound as the material for the gap filling as taught by George and the exposing to a precursor and reactant to make an oligomeric compound as taught by Ward in the method of Huang in order to have the predictable result of using a known effective gap filling mask material so that the method can effectively make a blocking mask layer and in order to have the predictable result of using a known process for deposition with high accuracy and coverage, respectively. Re claim 17: Huang in view of Loubet and George teaches the method according to claim 9, wherein the gap fill precursor comprises two or more anhydride functional groups (precursor containing a second functional group comprising an carboxylic anhydride; e.g. paragraph 72 of George). Re claim 18: Huang in view of Loubet and George teaches the method according to claim 9, wherein the gap fill reactant comprises two or more amine functional groups (reactant contains a first functional group comprising an amine; e.g. paragraph 72 of George). Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Huang as applied to claim 1 above, and further in view of Hudson et al. (US PGPub 2016/0163561; hereinafter “Hudson”). Re claim 10: Huang teaches substantially the entire method according to claim 1 except explicitly teaching forming the gap filling fluid comprises executing a cyclical gap fill deposition process, the cyclical gap fill deposition process comprising a plurality of gap fill deposition cycles, ones from the gap fill deposition cycles comprising a gap fill precursor pulse and a gap fill reactant pulse, wherein the gap fill precursor pulse comprises exposing the substrate to a gap fill precursor, and wherein the gap fill reactant pulse comprises exposing the substrate to a gap fill reactant. Hudson teaches forming the gap filling (152 of Huang) fluid comprises executing a cyclical gap fill deposition process (cyclic ALD or MLD process; e.g. paragraph 73), the cyclical gap fill deposition process comprising a plurality of gap fill deposition cycles (cyclic ALD or MLD process; e.g. paragraph 73), ones from the gap fill deposition cycles comprising a gap fill precursor pulse (forming of an organic polymer protective coating consists of a first reactant and an organic metal containing precursor; e.g. paragraph 66) and a gap fill reactant pulse (forming of an organic polymer protective coating consists of a first reactant and an organic metal containing precursor; e.g. paragraph 66), wherein the gap fill precursor pulse comprises exposing the substrate to a gap fill precursor (forming of an organic polymer protective coating consists of a first reactant and an organic metal containing precursor; e.g. paragraph 66), and wherein the gap fill reactant pulse comprises exposing the substrate to a gap fill reactant (forming of an organic polymer protective coating consists of a first reactant and an organic metal containing precursor; e.g. paragraph 66). It would have been obvious to one of ordinary skill in the art at the time of effective filing, absent unexpected results, to use the cyclic ALD process for forming a polymer layer as taught by Hudson in the method of Huang in order to have the predictable result of using a known process for deposition with high accuracy and step coverage for high aspect ratio areas. Claim(s) 13-16, 19, and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Huang as applied to claim 1 above, and further in view of Chao et al. (US PGPub 2022/0199472; hereinafter “Chao”). Re claim 13: Huang teaches substantially the entire method according to claim 1 except explicitly teaching, forming the first layer comprises executing a cyclical first layer deposition process, the cyclical first layer deposition process comprising a plurality of first layer deposition cycles, ones from the first layer deposition cycles comprising a first cycle precursor pulse and a first cycle reactant pulse, wherein the first cycle precursor pulse comprises exposing the substrate to a first cycle precursor, and wherein the first cycle reactant pulse comprises exposing the substrate to a first cycle reactant. Chao teaches (e.g. fig. 5c) forming the first layer (150 of Huang) comprises executing a cyclical first layer deposition process (dipole source material deposited by a cyclic ALD process, half reaction precursor of a metal is first deposited and then co-reactant half reaction precursor includes oxygen; e.g. paragraph 56), the cyclical first layer deposition process comprising a plurality of first layer deposition cycles (ALD process is cyclic), ones from the first layer deposition cycles comprising a first cycle precursor pulse (pulse of depositing dipole metal) and a first cycle reactant pulse (pulse of exposing to oxygen), wherein the first cycle precursor pulse comprises exposing the substrate to a first cycle precursor (dipole metal), and wherein the first cycle reactant pulse comprises exposing the substrate to a first cycle reactant (pulse of exposing to oxygen). It would have been obvious to one of ordinary skill in the art, at the time of effective filing, absent unexpected results, to use the ALD deposition of dipole metal as taught by Chao in the method of Huang in order to have the predictable result of using a process known to have superior step coverage and improve device structure quality. Re claim 14: Huang teaches substantially the entire method according to claim 13 except explicitly teaching, forming the second layer comprises executing a cyclical second layer deposition process, the cyclical second layer deposition process comprising a plurality of second layer deposition cycles, ones from the second layer deposition cycles comprising a second cycle precursor pulse and a second cycle reactant pulse, wherein the second cycle precursor pulse comprises exposing the substrate to a second cycle precursor, and wherein the second cycle reactant pulse comprises exposing the substrate to a second cycle reactant. Chao teaches (e.g. fig. 5c) forming the second layer (154 of Huang) comprises executing a cyclical second layer deposition process (dipole source material deposited by a cyclic ALD process, half reaction precursor of a metal is first deposited and then co-reactant half reaction precursor includes oxygen; e.g. paragraph 56), the cyclical second layer deposition process comprising a plurality of second layer deposition cycles (ALD process is cyclic), ones from the second layer deposition cycles comprising a second cycle precursor pulse (pulse of depositing dipole metal) and a second cycle reactant pulse (pulse of exposing to oxygen), wherein the second cycle precursor pulse comprises exposing the substrate to a second cycle precursor (dipole metal), and wherein the second cycle reactant pulse comprises exposing the substrate to a second cycle reactant (pulse of exposing to oxygen). It would have been obvious to one of ordinary skill in the art, at the time of effective filing, absent unexpected results, to use the ALD deposition of dipole metal as taught by Chao in the method of Huang in order to have the predictable result of using a process known to have superior step coverage and improve device structure quality. Re claim 15: Huang in view of Chao teaches the method according to claim 14, wherein at least one of the first cycle reactant and the second cycle reactant comprises an oxygen reactant (oxygen reactant; e.g. paragraph 56), the oxygen reactant being selected from O2, O3, H2O, H2O2, N2O, NO, NO2, and NO3. Re claim 16: Huang in view of Chao teaches the method according to claim 14, wherein at least one of the first cycle precursor and the second cycle precursor comprises a rare earth element or a post transition metal (precursor for 150 and 154 comprises aluminum and lanthanum; e.g. paragraph 63 and 68 of Huang). Re claim 19: Huang in view of Chao teaches the method according to claim 13, wherein at least one of the first cycle precursor and the second cycle precursor comprises a halogen (negative polarity are known by the inclusion of negative charge for the n-dipole material). Re claim 20: Huang in view of Chao teaches the method according to claim 13, wherein at least one of the first cycle precursor and the second cycle precursor comprises a carbon-containing ligand (carbon is a known equivalent dipole material to aluminum oxide or the like; e.g. paragraph 63 of Huang). Conclusion THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to JESSE Y MIYOSHI whose telephone number is (571)270-1629. The examiner can normally be reached M-F, 8:30AM-5:00PM. 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, Jessica Manno can be reached at 571-272-2339. 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. /JESSE Y MIYOSHI/ Primary Examiner, Art Unit 2898
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Prosecution Timeline

May 23, 2023
Application Filed
Nov 25, 2025
Non-Final Rejection mailed — §102, §103
Feb 03, 2026
Response Filed
Apr 21, 2026
Final Rejection mailed — §102, §103 (current)

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Prosecution Projections

3-4
Expected OA Rounds
57%
Grant Probability
76%
With Interview (+18.7%)
3y 7m (~6m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 484 resolved cases by this examiner. Grant probability derived from career allowance rate.

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