Prosecution Insights
Last updated: April 19, 2026
Application No. 18/346,495

CAPACITOR STRUCTURE INCLUDING WORK FUNCTION METAL LAYERS AND METHODS OF FORMATION

Non-Final OA §102§103
Filed
Jul 03, 2023
Examiner
MOJADDEDI, OMAR F
Art Unit
2898
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Taiwan Semiconductor Manufacturing Company Ltd.
OA Round
1 (Non-Final)
90%
Grant Probability
Favorable
1-2
OA Rounds
2y 4m
To Grant
99%
With Interview

Examiner Intelligence

Grants 90% — above average
90%
Career Allow Rate
448 granted / 500 resolved
+21.6% vs TC avg
Moderate +10% lift
Without
With
+10.5%
Interview Lift
resolved cases with interview
Typical timeline
2y 4m
Avg Prosecution
38 currently pending
Career history
538
Total Applications
across all art units

Statute-Specific Performance

§101
1.7%
-38.3% vs TC avg
§103
50.1%
+10.1% vs TC avg
§102
25.8%
-14.2% vs TC avg
§112
20.3%
-19.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 500 resolved cases

Office Action

§102 §103
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 . DETAILED ACTION Election/Restrictions 1. Applicant's election, without traverse, of claims 10-14 in the “Response to Restriction Requirement” filed on 01/13/2026 is acknowledged and entered by the Examiner. Cancellation of claims 1-9 and 15-20, and addition of claims 21-35 filed in “Claims -01/13/2026” with the “Response to Restriction Requirement” are acknowledged and entered by the Examiner. In regards to the Applicant’s addition of claims 21-30, the Examiner respectfully contends that newly added claims 21-30 are directed to different embodiments and impose a serious burden on the Examiner for the following reasons: Species I: A method, as described for some embodiments (specifically discussed in Figs. 3A-3B; [0047-0062]), of which claims 10-14 appear to read upon, respectively. Species II: A method of forming a semiconductor device, as described for some embodiments (specifically discussed in Figs. 4A-4U; [0063-0092]), of which claims 21-29 appear to read upon. Species III: A method of forming a semiconductor device, as described for some embodiments (specifically discussed in Figs. 5A-5B; [0093-0102]), of which claims 30-35 appear to read upon. Species I-III as claimed are independent or distinct because they have been disclosed in separate figures and different embodiments, and are characterized by mutually exclusive characteristics as follows: Regarding Species I, II, and III, are mutually exclusive with “forming a first conductive layer of a capacitor structure in a semiconductor device; forming, over the first conductive layer, a first work function metal layer; forming, over the first work function metal layer, an insulator layer of the capacitor structure; forming, over the insulator layer, a second work function metal layer; and forming, over the second work function metal layer, a second conductive layer of the capacitor structure” (as described for some embodiments (specifically discussed in Figs. 3A-3B; [0047-0062])) in Species I, and, “ forming a dielectric layer; and forming a capacitor structure included in the dielectric layer, wherein forming the capacitor structure comprises: forming a first conductive layer; forming an insulator layer over the first conductive layer; forming a second conductive layer over the insulator layer; and forming at least one of: a first work function metal layer between the insulator layer and the first conductive layer, or a second work function metal layer between the insulator layer and the second conductive layer” (as described for some embodiments (specifically discussed in Figs. 4A-4U; [0063-0092])) in Species II, and, “forming a dielectric layer; and forming a capacitor structure included in the dielectric layer, wherein forming the capacitor structure comprises: forming a first conductive layer; forming an insulator layer over the first conductive layer; forming a first work function metal layer between the insulator layer and the first conductive layer; forming a second conductive layer over the insulator layer; and forming a second work function metal layer between the insulator layer and the second conductive layer” (as described for some embodiments (specifically discussed in Figs. 5A-5B; [0093-0102])) in Species III. There is a search and/or examination burden for the patentably distinct species as set forth above because at least the following reasons apply: the species or groupings of patentably indistinct species have acquired a separate status in the art due to their recognized divergent subject matter as exemplified by the aforementioned mutually exclusive characteristics, while the species or groupings of patentably indistinct species require a different field of search (different search strategies or search queries, as evidenced by the above-defined distinctions between the species) (see MPEP § 808.02) and/or the prior art applicable to one species would not likely be applicable to another species; and/or the inventions are likely to raise different non-prior art issues under 35 U.S.C. 101 and/or 35 U.S.C. 112, first paragraph. Therefore, restriction for examination purposes as indicated is proper. Thus, the requirement is deemed proper and is therefore made FINAL. This office action consider claims 10-14 pending for prosecution, wherein claims 21-35 are withdrawn from further consideration, and claims 10-14 are presented for examination. 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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention. Notes: when present, semicolon separated fields within the parenthesis (; ;) represent, for example, as (100; Fig 3A; [0063]) = (element 100; Figure No. 3A; Paragraph No. [0063]). For brevity, the texts “Element”, “Figure No.” and “Paragraph No.” shall be excluded, though; additional clarification notes may be added within each field. The number of fields may be fewer or more than three indicated above. These conventions are used throughout this document. 2. Claims 10-13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chen et al. (US 8581318 B1; hereinafter Chen). Regarding claim 10, Chen teaches a method (see the entire document, specifically Fig. 1+; C1, L16+], and as cited below), comprising: forming a first conductive layer (710; Fig. 7B; C19 L7-33 in view of method of Fig. 3; see C7 L42-67, C8 L1-21) of a capacitor structure (708; Fig. 7B; C19 L7-33) in a semiconductor device; forming, over the first conductive layer (710; Fig. 7B; C19 L7-33 in view of method of Fig. 3; see C7 L42-67, C8 L1-21), a first work function metal layer (712; Fig. 7B; C19 L21-67 in view of method of Fig. 3; see C7 L42-67, C8 L1-21); forming, over the first work function metal layer (712; Fig. 7B; C19 L21-67 in view of method of Fig. 3; see C7 L42-67, C8 L1-21), an insulator layer (714; Fig. 7B; C20 L28-43) in view of method of Fig. 3; see C7 L42-67, C8 L1-21) of the capacitor structure (708; Fig. 7B; C19 L7-33); forming, over the insulator layer (714; Fig. 7B; C20 L28-43), a second work function metal layer (716; Fig. 7B; C20 L61-67, C21 L1-61 in view of method of Fig. 3; see C7 L42-67, C8 L1-21); and forming, over the second work function metal layer (716; Fig. 7B; C20 L61-67, C21 L1-61 in view of method of Fig. 3; see C7 L42-67, C8 L1-21), a second conductive layer (718; Fig. 7B; C21 L1-15 in view of method of Fig. 3; see C7 L42-67, C8 L1-21) of the capacitor structure (708; Fig. 7B; C19 L7-33). Regarding claim 11, Chen teaches all of the features of claim 10. Chen further teaches wherein forming the insulator layer (714; Fig. 7B; C20 L28-43) comprises: depositing a hafnium oxide (HfO2) material (see C20 L28-43; hafnium oxide). Regarding claim 12, Chen teaches all of the features of claim 10. Chen further teaches wherein forming the first work function metal layer (712; Fig. 7B; C19 L21-67 in view of method of Fig. 3; see C7 L42-67, C8 L1-21) or the second work function metal layer (716; Fig. 7B; C20 L61-67, C21 L1-61 in view of method of Fig. 3; see C7 L42-67, C8 L1-21) comprises: forming the first work function metal layer (712; Fig. 7B; C19 L21-67 in view of method of Fig. 3; see C7 L42-67, C8 L1-21) or the second work function metal layer (716; Fig. 7B; C20 L61-67, C21 L1-61 in view of method of Fig. 3; see C7 L42-67, C8 L1-21) using an atomic layer deposition process (see C6 L2-16; C19 L34-67; C20 L3-26; C21 L16-61). Regarding claim 13, Chen teaches all of the features of claim 12. Chen further teaches wherein forming the first work function metal layer (712; Fig. 7B; C19 L21-67 in view of method of Fig. 3; see C7 L42-67, C8 L1-21) or the second work function metal layer (716; Fig. 7B; C20 L61-67, C21 L1-61 in view of method of Fig. 3; see C7 L42-67, C8 L1-21) using an atomic layer deposition process (see C6 L2-16; C19 L34-67; C20 L3-26; C21 L16-61) comprises: performing a plasma treatment operation (see C6 L2-16; C19 L34-67; C20 L3-26; C21 L16-61). 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. Notes: when present, semicolon separated fields within the parenthesis (; ;) represent, for example, as (30A; Fig 2B; [0128]) = (element 30A; Figure No. 2B; Paragraph No. [0128]). For brevity, the texts “Element”, “Figure No.” and “Paragraph No.” shall be excluded, though; additional clarification notes may be added within each field. The number of fields may be fewer or more than three indicated above. These conventions are used throughout this document. 3. Claim 14 is rejected under 35 U.S.C.103 as being unpatentable over Chen et al. (US 8581318 B1; hereinafter Chen), in view of Kim et al. (US 20180247941 A1; hereinafter Kim). Regarding claim 14, Chen teaches all of the features of claim 13. Chen further teaches wherein performing the plasma treatment operation (see C6 L2-16; C19 L34-67; C20 L3-26; C21 L16-61) comprises: (see below for “using a nitrous oxide based plasma, a nitrogen based plasma, or an ozone based plasma”). As noted above, Chen does not expressly disclose “wherein performing the plasma treatment operation comprises: using a nitrous oxide based plasma, a nitrogen based plasma, or an ozone based plasma”. However, in the analogous art, Kim teaches a capacitor for a method for manufacturing the capacitor ([0002]), wherein (Fig. 1+; [0002+]) in order to form the lower electrode layer (15; [0041]) including the first and second metals a plasma-enhanced atomic layer deposition (PEALD) is used, where the reaction gas may include an oxidizing agent such as oxygen, oxygen plasma, ozone, nitrogen oxide, nitrous oxide or the like, and a reducing agent such as hydrogen, hydrogen plasma, ammonia, ammonia plasma or the like ([0047]). It would have been obvious to one with ordinary skill in the art, before the effective filing date of the claimed invention, to incorporate Kim’s a plasma-enhanced atomic layer deposition (PEALD) process that includes oxygen plasma, ozone, nitrogen oxide, nitrous oxide or the like, and a reducing agent such as hydrogen, hydrogen plasma, ammonia, ammonia plasma into Chen’s method, and thereby, modified Chen’s (by Kim) method will have wherein performing the plasma treatment operation (Kim see C6 L2-16; C19 L34-67; C20 L3-26; C21 L16-61 in view of Kim [0041, 0047]) comprises: using a nitrous oxide based plasma, a nitrogen based plasma, or an ozone based plasma (in view of Kim [0041, 0047]). The ordinary artisan would have been motivated to modify Chen in the manner set forth above, at least, because this inclusion provides a plasma-enhanced atomic layer deposition (PEALD) process that includes oxygen plasma, ozone, nitrogen oxide, nitrous oxide (Kim [0041, 0047, 0050]) that helps produce a more stable electrode layer. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to Omar Mojaddedi whose telephone number is 313-446-6582. The examiner can normally be reached on Monday – Friday, 8:00 a.m. to 4:00 p.m.. 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, Julio J. Maldonado, can be reached on 571-272-1864. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /OMAR F MOJADDEDI/Examiner, Art Unit 2898
Read full office action

Prosecution Timeline

Jul 03, 2023
Application Filed
Feb 24, 2026
Non-Final Rejection — §102, §103 (current)

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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
99%
With Interview (+10.5%)
2y 4m
Median Time to Grant
Low
PTA Risk
Based on 500 resolved cases by this examiner. Grant probability derived from career allow rate.

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