Prosecution Insights
Last updated: April 19, 2026
Application No. 18/355,688

GATE DIELECTRIC LAYERS FOR STACKED MULTI-GATE DEVICE

Non-Final OA §102§103
Filed
Jul 20, 2023
Examiner
KIM, TONG-HO
Art Unit
2811
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Taiwan Semiconductor Manufacturing Company Ltd.
OA Round
1 (Non-Final)
95%
Grant Probability
Favorable
1-2
OA Rounds
1y 10m
To Grant
96%
With Interview

Examiner Intelligence

Grants 95% — above average
95%
Career Allow Rate
991 granted / 1040 resolved
+27.3% vs TC avg
Minimal +0% lift
Without
With
+0.4%
Interview Lift
resolved cases with interview
Fast prosecutor
1y 10m
Avg Prosecution
42 currently pending
Career history
1082
Total Applications
across all art units

Statute-Specific Performance

§103
42.1%
+2.1% vs TC avg
§102
31.5%
-8.5% vs TC avg
§112
8.6%
-31.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1040 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 . Information Disclosure Statement The information disclosure statement (IDS) submitted on 7/20/2023, 9/13/2024 was filed. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the 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)(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. Claim(s) 18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chai (US 2017/0256544). Regarding claim 18, Chai discloses, in at least figures 1-10, 16A-17B, and related text, a semiconductor structure, comprising: a substrate (SUB, [221]) comprising a first region (region of P_Tb (P_T2), [221], [222]), a second region (region of P_Tc (P_T3), [221], [222]), and a third region (region of N_Tb (N_T2), [221], [222]); first channel members (P_S2, [49]) over the first region (region of P_Tb (P_T2), [221], [222]); second channel members (P_S3, [61]) over the second region (region of P_Tc (P_T3), [221], [222]); third channel members (N_S2, [119]) over the third region (region of N_Tb (N_T2), [221], [222]); a first gate structure (P_G2, [222]) wrapping around each of the first channel members (P_S2, [49]) and comprising: a first gate dielectric layer (P_Oa, [43]) in contact with each of the first channel members (P_S2, [49]), a second gate dielectric layer (P_Ob, [43]) over the first gate dielectric layer (P_Oa, [43]), a third gate dielectric layer (P_O2b, [57]) over the second gate dielectric layer (P_Ob, [43]), and a first gate electrode (P_GE2, [50]); a second gate structure (P_G3, [222]) wrapping around each of the second channel members (P_S3, [61]) and comprising: the first gate dielectric layer (P_Oa, [43]) in contact with each of the second channel members (P_S3, [61]), a fourth gate dielectric layer (P_O3a, [70]) over the first gate dielectric layer (P_Oa, [43]), the third gate dielectric layer (P_O3b, [70]) over the fourth gate dielectric layer (P_O3a, [70]), and a second gate electrode (P_GE3, [62]); and a third gate structure (N_G2, [222]) wrapping around each of the third channel members (N_S2, [119]) and comprising: a fifth gate dielectric layer (N_Oa, [110]) in contact with each of the third channel members (N_S2, [119]), the fourth gate dielectric layer (N_O3a, [133]) over the fifth gate dielectric layer (N_Oa, [110]), the third gate dielectric layer (N_O3b, [133]) over the fourth gate dielectric layer (N_O3a, [133]), and a third gate electrode (N_GE2, [119]), wherein a composition of the first gate dielectric layer (P_Oa, [43]) is different from a composition of the fourth gate dielectric layer (P_O3a, [70]), wherein a composition of the third gate dielectric layer (P_O3b, [70]) is different from the composition of the fourth gate dielectric layer (P_O3a, [70]). 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) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chai (US 2017/0256544) in view of Chen (US 2020/0083114). Regarding claim 19, Chai discloses the semiconductor structure of claim 18 as described above. Chai does not explicitly disclose the first gate electrode, the second gate electrode, and the third gate electrode comprise a same composition. Chen teaches, in at least figure 15 and related text, the device comprising the first gate electrode (108 of 310, [53]), the second gate electrode (108 of 320, [53]), and the third gate electrode (108 of 330, [53]) comprise a same composition, for the purpose of providing multiple different threshold voltages in different transistor devices on a substrate without affecting respective spacings for the gates of the transistor devices ([13]). Chai and Chen are analogous art because they both are directed to semiconductor device and one of ordinary skill in the art would have had a reasonable expectation of success to modify Chai with the specified features of Chen because they are from the same field of endeavor. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the structure disclosed in Chai to have the first gate electrode, the second gate electrode, and the third gate electrode comprising a same composition, as taught by Chen, for the purpose of providing multiple different threshold voltages in different transistor devices on a substrate without affecting respective spacings for the gates of the transistor devices ([13], Chen). Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chai (US 2017/0256544) in view of Liao (US 2022/0320293). Regarding claim 20, Chai discloses the semiconductor structure of claim 18 as described above. Chai does not explicitly disclose a total thickness of the first gate dielectric layer, the second gate dielectric layer and the third gate dielectric layer is between about 5Å and about 50Å. Liao teaches, in at least figure 18 and related text, the device comprising a total thickness of the first gate dielectric layer (280, [28]), the second gate dielectric layer (282, [29]) and the third gate dielectric layer (285, [41]) is between about 5Å and about 50Å ([28], [29], [41]), for the purpose of providing PFET with extremely low threshold voltages and NFET with super low leakage values with broad tunable range of threshold voltage ([54]). Chai and Liao are analogous art because they both are directed to semiconductor device and one of ordinary skill in the art would have had a reasonable expectation of success to modify Chai with the specified features of Liao because they are from the same field of endeavor. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the structure disclosed in Chai to have the total thickness of the first gate dielectric layer, the second gate dielectric layer and the third gate dielectric layer being between about 5Å and about 50Å, as taught by Liao, for the purpose of providing PFET with extremely low threshold voltages and NFET with super low leakage values with broad tunable range of threshold voltage ([54], Liao). Allowable Subject Matter Claims 1-10 are allowed because the prior art of record, US 2021/0366783, neither anticipates nor render obvious the limitations of the base claims 1 that recite "after the removing, depositing a second gate dielectric layer to wrap around each of the first channel members, each of the second channel members, and each of the third channel members" in combination with other elements of the base claims 1. Claims 11-17 are allowed because the prior art of record, US 2023/0073078 in view of US 2021/0366783, neither anticipates nor render obvious the limitations of the base claims 11 that recite "after the removing, depositing a second gate dielectric layer to wrap around each of the first top channel members, each of the second top channel members, and each of the third top channel members" in combination with other elements of the base claims 11. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Any inquiry concerning this communication or earlier communications from the examiner should be directed to TONG-HO KIM whose telephone number is (571)270-0276. The examiner can normally be reached Monday thru Friday; 8:30 AM to 5PM. 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, Lynne Gurley can be reached at 571-272-1670. 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. /TONG-HO KIM/Primary Examiner, Art Unit 2811
Read full office action

Prosecution Timeline

Jul 20, 2023
Application Filed
Nov 19, 2025
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
95%
Grant Probability
96%
With Interview (+0.4%)
1y 10m
Median Time to Grant
Low
PTA Risk
Based on 1040 resolved cases by this examiner. Grant probability derived from career allow rate.

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