Prosecution Insights
Last updated: April 19, 2026
Application No. 18/357,433

SEMICONDUCTOR STRUCTURE

Non-Final OA §102
Filed
Jul 24, 2023
Examiner
DULKA, JOHN P
Art Unit
2817
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Enkris Semiconductor Inc.
OA Round
1 (Non-Final)
83%
Grant Probability
Favorable
1-2
OA Rounds
2y 8m
To Grant
96%
With Interview

Examiner Intelligence

Grants 83% — above average
83%
Career Allow Rate
688 granted / 825 resolved
+15.4% vs TC avg
Moderate +12% lift
Without
With
+12.4%
Interview Lift
resolved cases with interview
Typical timeline
2y 8m
Avg Prosecution
28 currently pending
Career history
853
Total Applications
across all art units

Statute-Specific Performance

§101
0.7%
-39.3% vs TC avg
§103
37.3%
-2.7% vs TC avg
§102
32.2%
-7.8% vs TC avg
§112
21.7%
-18.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 825 resolved cases

Office Action

§102
DETAILED ACTION The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . 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. Domestic Benefit No claim to an application for domestic benefit. Foreign Priority Receipt is acknowledged of certified copies of papers (i.e., application number 202211477432.2 filed in China on 11/23/2022) required by 37 CFR 1.55, electronically retrieved 09/01/2023. 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 following title is suggested: -- MULTI-QUANTUM WELL SEMICONDUCTOR STRUCTURE INCLUDING A SCANDIUM NITRIDE INSERTATION LAYER --. 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. Claims 1-4, 6, 8-10, 12-14 AND 16-17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by CN 114975704 A to Xie et al. (“Xie”). Regarding independent claim 1, Xie teaches in Figure 1 of a semiconductor structure (see Technical field: “The invention relates to the technical field of semiconductor, especially relates to a LED epitaxial wafer and preparation method.”), comprising: a first semiconductor layer 10 (translation; “the substrate 10 (substrate) is a wafer made of semiconductor” OR see translation “the existing GaN-based epitaxial LED comprises a substrate, and a low-temperature buffer sequentially, a three-dimensional nucleation layer, an un-doped GaN layer, an N-type GaN layer” such that the claimed layer may be the N-type GaN layer) (bolded for emphasis); a multiple quantum well layer 720 formed on the first semiconductor layer 10, wherein the multiple quantum well layer 720 comprises a plurality of quantum barrier layers 721 (GaN) and a plurality of quantum well layers 710 alternately arranged; an insertion layer 722 (ScAlGaN) formed on each of the plurality of quantum well layers 710; and a second semiconductor layer 80 (or as per translation: “and depositing a P-type layer on the multi-quantum well layer”) formed on the multiple quantum well layer 720; wherein a material of the insertion layer 722 is a nitride containing a scandium component (ScAlGaN). Regarding claim 2, Xie teaches wherein the material of the insertion layer 722 comprises one or more combinations of ScxGa1-xN, ScxAlyGa1-x-yN (i.e., ScAlGaN), ScxInyGa1-x-yN, or ScxAlyInzGa1-x-y-zN. Regarding claim 3, Xie teaches wherein a content of the scandium component x in the insertion layer is greater than or equal to 0.01 and less than or equal to 0.5 (see translation: “the ScAlGaN layer is ScaAlbGa1-a-bN layer, wherein a is 0.1 to 0.18”: this is squarely within the claimed range). Regarding claim 4, Xie teaches wherein the semiconductor structure comprises a plurality of insertion layers 722, and in a direction from the first semiconductor layer 10 to the multiple quantum well layer 720, a content change of the scandium Sc component of each of the plurality of insertion layers 722 comprises one or more combinations of uniform invariance, linear increasing, linear decreasing, stepped increasing, stepped decreasing, and delta changing (see translation: “Further, in the M of the first periodic structure, the ScaAlbGa1-a-bN layer in the Sc component a gradually reduced from bottom to top”). Regarding claim 6, Xie teaches wherein a doping type of the insertion layer is n-type doping (see translation: “Further, the doping elements of the first sub-layer and the second sub-layer are Si, and the doping concentration thereof is as follows: 1 E18 ~ 5E18atoms/cm3”; this is therefore n-type) or p-type doping. Regarding claim 8, Xie’s Figure 1 teaches wherein in a direction from the first semiconductor layer (see claim 1 rejection supra; “N-type GaN layer”) to the multiple quantum well layer 720, the insertion layer 722 is a multi-layer structure (see Figure 1). Regarding claim 9, Xie teaches wherein materials of the multi-layer structure are the same and comprise one of ScxGa1-xN, ScxAlyGa1-x-yN (see entire specification ScAlGaN), ScxInyGa1-x-yN, or ScxAlyInzGa1-x-y-zN. Regarding claim 10, Xie teaches wherein the multi-layer structure comprises a first scandium component layers and a second scandium component layer, away from the quantum well layer, stacked in layers (i.e., because the claim does not require a difference in Sc – therefore Xie teaches this limitation by having multiple 722). Regarding claim 12, Xie teaches wherein materials of the multi-layer structure are different and comprise a combination of multiple sequential structures or periodic structures of ScxGa1-xN, ScxAlyGa1-x-yN (see translation: “the component of Al in the Sc-containing component quantum barrier layer is gradually increased, so that the closer to the P-type electron blocking layer of Al is higher”: therefore Al is a different combination because of different concentration), ScxInyGa1-x-yN, or ScxAlyInzGa1-x-y-zN. Regarding claim 13, Xie teaches wherein a content of the scandium component x in the multi-layer structure is the same or different (translation “Further, in the M of the first periodic structure, the ScaAlbGa1-a-bN layer in the Sc component a gradually reduced from bottom to top” – therefore Sc concentration changes). Regarding claim 14, Xie teaches wherein the insertion layer comprises a plurality of sub-regions in a horizontal direction (given the broadest reasonable interpretation: this is a broad claim such that 722 may be divided into sub-regions in a horizontal direction such as edges versus middle portion). Regarding claim 16, Xie teaches wherein the quantum well layer is an InGaN quantum well layer 710, and the quantum barrier layer is a GaN quantum barrier layer 721 (further see translation: “Substrate 10). Buffer layer 20). Three-dimensional nucleating layer 30). Two-dimensional merged layer 40. Undoped GaN layer 50). N-type GaN layer 60). Multi-quantum well layer 70 InGaN quantum well layer 710 A quantum barrier layer containing Sc component 720 GaN layer 721 ScAlGaN layer 722. P-type layer 80). P-type electron blocking layer 810 P-type non-doped GaN layer 820 P-type Mg-doped GaN layer 830 P-type contact 840” (bolded for emphasis)). Regarding claim 17, Xie teaches wherein the first semiconductor layer is an n-type layer (see claim 1 rejection supra: “N-type GaN layer”), the second semiconductor layer 80 (i.e., 830 is P-type and part of 80; see translation: “Substrate 10). Buffer layer 20). Three-dimensional nucleating layer 30). Two-dimensional merged layer 40. Undoped GaN layer 50). N-type GaN layer 60). Multi-quantum well layer 70 InGaN quantum well layer 710 A quantum barrier layer containing Sc component 720 GaN layer 721 ScAlGaN layer 722. P-type layer 80). P-type electron blocking layer 810 P-type non-doped GaN layer 820 P-type Mg-doped GaN layer 830 P-type contact 840”) is a p-type layer (see translation: “and depositing a P-type layer on the multi-quantum well layer”), and materials of the first semiconductor layer (“N-type GaN layer”) and the second semiconductor layer 830 are GaN-based materials (as quoted directly above). Allowable Subject Matter Claims 5, 7, 11 and 15 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Claim 5 contains allowable subject matter, because the closest prior art of record, singularly or in combination, fails to disclose or suggest, in combination with the other elements of claim 5, wherein the semiconductor structure comprises a plurality of insertion layers, and a thickness of each of the plurality of insertion layers is greater than or equal to 0.5 nm and less than or equal to 5 nm. The prior art of Xie teaches of the Sc layer 722 being only 1-2 angstroms in order to control the stresses appropriately. Xie warns against a too thick 722 layer. Claim 7 contains allowable subject matter, because the closest prior art of record, singularly or in combination, fails to disclose or suggest, in combination with the other elements of claim 7, wherein the semiconductor structure comprises a plurality of insertion layers, and in a direction from the first semiconductor layer to the multiple quantum well layer, contents of the scandium component x in the plurality of insertion layers increase uniformly or jumps layer by layer. Xie teaches of reducing the Sc concentration from bottom to top. Claim 11 contains allowable subject matter, because the closest prior art of record, singularly or in combination, fails to disclose or suggest, in combination with the other elements of claim 11, wherein a content of the scandium component x in the first scandium component layer is greater than a content of the scandium component x in the second scandium component layer. Claim 15 contains allowable subject matter, because the closest prior art of record, singularly or in combination, fails to disclose or suggest, in combination with the other elements of claim 15, wherein contents of the scandium component x in at least two sub-regions of the plurality of sub-regions are different. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOHN P DULKA whose telephone number is (571)270-7398. The examiner can normally be reached Monday-Friday, 9am-5pm, 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, ELISEO RAMOS-FELICIANO can be reached at (571)272-7925. 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. 02 January 2026 /John P. Dulka/Primary Examiner, Art Unit 2817
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Prosecution Timeline

Jul 24, 2023
Application Filed
Jan 02, 2026
Non-Final Rejection — §102 (current)

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Prosecution Projections

1-2
Expected OA Rounds
83%
Grant Probability
96%
With Interview (+12.4%)
2y 8m
Median Time to Grant
Low
PTA Risk
Based on 825 resolved cases by this examiner. Grant probability derived from career allow rate.

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