Prosecution Insights
Last updated: October 16, 2026
Application No. 18/329,847

ISOLATION STRUCTURE

Non-Final OA §103
Filed
Jun 06, 2023
Examiner
VALENZUELA, PATRICIA D
Art Unit
2812
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
NXP Semiconductors N.V.
OA Round
3 (Non-Final)
90%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
92%
With Interview

Examiner Intelligence

Grants 90% — above average
90%
Career Allowance Rate
654 granted / 724 resolved
+22.3% vs TC avg
Minimal +2% lift
Without
With
+2.0%
Interview Lift
resolved cases with interview
Typical timeline
2y 2m
Avg Prosecution
78 currently pending
Career history
831
Total Applications
across all art units

Statute-Specific Performance

§101
1.5%
-38.5% vs TC avg
§103
67.1%
+27.1% vs TC avg
§102
16.8%
-23.2% vs TC avg
§112
6.5%
-33.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 724 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 . Continued Examination Under 37 CFR 1.114 A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 09/15/26 has been entered. 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) 10-22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wu(USPGPUB DOCUMENT: 2022/0084934, hereinafter Wu) in view of Zhang (USPGPUB DOCUMENT: 2022/0216134, hereinafter Zhang) and Boeck (USPGPUB DOCUMENT: 2010/0187657, hereinafter Boeck) and Boccardi (USPGPUB DOCUMENT: 2012/0024700, hereinafter Boccardi). Re claim 10 Wu discloses in Fig 3 a method of fabricating a semiconductor device, the method comprising: providing a substrate; forming a first patterned layer(top10/bottom10) on the substrate, the first patterned layer(top10/bottom10) including a first capacitor plate[0039]; forming a first dielectric layer(top20/bottom20/40) over the first patterned layer(top10/bottom10); forming a second patterned layer(top10/bottom10) over the first dielectric layer(top20/bottom20/40), the second patterned layer(top10/bottom10) including a second capacitor plate[0039]; and etching portions[0090] of the first dielectric layer(top20/bottom20/40) through the openings in the patterned photoresist layer to form air gaps(30) at the edges of the second capacitor plate[0039]. Wu does not discloses forming a patterned photoresist layer over the substrate, the patterned photoresist layer including openings at one or more edges of the second capacitor plate[0039]; such that, upon etching the portions of the first dielectric layer, at least a portion of a lower surface of the second capacitor plate is exposed through at least one of the air gaps; forming a first patterned metal layer on the substrate, the first patterned metal layer including a first capacitor plate; forming a first dielectric layer over the first patterned metal layer; forming a second patterned metal layer over the first dielectric layer, the second patterned metal layer including a second capacitor plate; Zhang discloses forming a patterned photoresist layer(201/202) over the substrate(1), the patterned photoresist layer including openings (undercut) at one or more edges It would have been obvious to one of ordinary skill in the art before the effective filling date of the invention to apply the teachings of Zhang to the teachings of Wu in order to increase the yield of electronic device products [0004, Zhang]. In doing so, the patterned photoresist layer including openings (undercut of Zhang) at one or more edges of the second capacitor plate[0039 of Wu]; Wu and Zhang does not discloses such that, upon etching the portions of the first dielectric layer, at least a portion of a lower surface of the second capacitor plate is exposed through at least one of the air gaps; forming a first patterned metal layer on the substrate, the first patterned metal layer including a first capacitor plate; forming a first dielectric layer over the first patterned metal layer; forming a second patterned metal layer over the first dielectric layer, the second patterned metal layer including a second capacitor plate; Boeck discloses such that, upon etching the portions of the first dielectric layer(414/416/418)[0031], at least a portion of a lower surface of the second capacitor plate(114/124) is exposed through at least one of the air gaps(112 of Boeck). It would have been obvious to one of ordinary skill in the art before the effective filling date of the invention to apply the teachings of Boeck to the teachings of Wu in order to have one or more isolation cavities comprise cavities filled with a gas having a low dielectric constant (e.g., air) [0011, Boeck]. Wu and Zhang and Boeck does not discloses forming a first patterned metal layer on the substrate, the first patterned metal layer including a first capacitor plate; forming a first dielectric layer over the first patterned metal layer; forming a second patterned metal layer over the first dielectric layer, the second patterned metal layer including a second capacitor plate; Boccardi discloses forming a first patterned metal layer(130a-d of Boccardi) on the substrate(100 of Boccardi), the first patterned metal layer(130a-d of Boccardi) including a first capacitor plate(capacitor plate)[0003 of Boccardi]; forming a first dielectric layer(120c) [0034 of Boccardi] over the first patterned metal layer; forming a second patterned metal layer(130a-d of Boccardi) over the first dielectric layer, the second patterned metal layer including a second capacitor plate(capacitor plate)[0003 of Boccardi]; It would have been obvious to one of ordinary skill in the art before the effective filling date of the invention to apply the teachings of Boccardi to the teachings of Wu in order to have facilitate the performance of a large number of sensor readings in parallel [0005, Boccardi]. Re claim 11 Wu and Zhang and Boeck and Boccardi disclose the method of claim 10, wherein etching the portions of the first dielectric layer(top20/bottom20/40) through the openings in the patterned photoresist layer to form air gaps(30) at the edges of the second capacitor plate[0039] comprises: etching the portions of the first dielectric layer(top20/bottom20/40) through the openings in the patterned photoresist layer to form air gaps(30) at the edges of the second capacitor plate[0039]. Re claim 12 Wu and Zhang and Boeck and Boccardi disclose the method of claim 10, wherein the first patterned metal layer(130a-d of Boccardi) further includes a first metal structure, and the second patterned metal layer(130a-d of Boccardi) further includes a second metal structure and a metal via that electrically couples the first metal structure to the second metal structure. Re claim 13 Wu and Zhang and Boeck and Boccardi disclose the method of claim 12, further comprising: performing a patterned etch of the first dielectric layer(top20/bottom20/40) to form an opening in the first dielectric layer(top20/bottom20/40), wherein the metal via is subsequently formed in the opening in the first dielectric layer(top20/bottom20/40). Re claim 14 Wu and Zhang and Boeck and Boccardi disclose the method of claim 10, further comprising: after forming the air gaps(30) at the edges of the second capacitor plate[0039], etching exposed portions of the second capacitor plate[0039]. Re claim 15 Wu and Zhang and Boeck and Boccardi disclose the method of claim 14, wherein etching the exposed portions of the second capacitor plate[0039] causes edges and corners of the second capacitor plate[0039] to be rounded. Re claim 16 Wu and Zhang and Boeck and Boccardi disclose the method of claim 14, further comprising: after forming the air gaps(30) at the edges of the second capacitor plate[0039], forming oxide on the exposed portions of the second capacitor plate[0039]. Re claim 17 Wu and Zhang and Boeck and Boccardi disclose the method of claim 14, wherein the air gaps(30) are non-overlapping with respect to one another and are disposed at corners of a lower surface of the second capacitor plate[0039]. Re claim 18 Wu and Zhang and Boeck and Boccardi disclose the method of claim 14, wherein the air gaps(30) are overlapping with respect to one another and are disposed at corners and edges of a lower surface of the second capacitor plate[0039]. Re claim 19 Wu and Zhang and Boeck and Boccardi disclose the method of claim 10, further comprising: before forming the first dielectric layer(top20/bottom20/40), forming a passivation layer over the substrate and the first patterned metal layer(top10/bottom10). Re claim 20 Wu and Zhang and Boeck and Boccardi disclose the method of claim 10, further comprising: removing the patterned photoresist layer; forming a second dielectric layer(top20/bottom20/40) over the substrate; and forming at least one opening in the second dielectric layer(top20/bottom20/40) to expose an upper surface of the second capacitor plate[0039]. Re claim 21 Wu and Zhang and Boeck and Boccardi disclose the method of claim 10, wherein the air gaps(112 of Boeck) are formed only at corners of the second capacitor plate(capacitor plate)[0003 of Boccardi]. Re claim 22 Wu and Zhang and Boeck and Boccardi disclose the method of claim 10, wherein the first capacitor plate(capacitor plate)[0003 of Boccardi] and the second capacitor plate(capacitor plate)[0003 of Boccardi] are each part of a capacitive isolation structure. Response to Arguments Applicant’s arguments with respect to claim(s) 10-22 have been considered but are moot because the arguments do not apply to any of the references being used in the current rejection. 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

Jun 06, 2023
Application Filed
Jan 16, 2026
Non-Final Rejection mailed — §103
Apr 15, 2026
Response Filed
Jun 18, 2026
Final Rejection mailed — §103
Sep 15, 2026
Request for Continued Examination
Sep 18, 2026
Response after Non-Final Action
Oct 02, 2026
Non-Final Rejection mailed — §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

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Patent 12702000
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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
90%
Grant Probability
92%
With Interview (+2.0%)
2y 2m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 724 resolved cases by this examiner. Grant probability derived from career allowance rate.

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