Prosecution Insights
Last updated: October 27, 2026
Application No. 18/358,544

SEMICONDUCTOR DEVICE

Non-Final OA §102§103
Filed
Jul 25, 2023
Priority
Mar 14, 2023 — JP 2023-039958
Examiner
CRITE, ANTONIO B
Art Unit
2817
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Kabushiki Kaisha Toshiba
OA Round
2 (Non-Final)
82%
Grant Probability
Favorable
2-3
OA Rounds
0m
Est. Remaining
69%
With Interview

Examiner Intelligence

Grants 82% — above average
82%
Career Allowance Rate
377 granted / 462 resolved
+13.6% vs TC avg
Minimal -13% lift
Without
With
+-13.0%
Interview Lift
resolved cases with interview
Typical timeline
2y 4m
Avg Prosecution
30 currently pending
Career history
499
Total Applications
across all art units

Statute-Specific Performance

§101
0.2%
-39.8% vs TC avg
§103
53.4%
+13.4% vs TC avg
§102
25.0%
-15.0% vs TC avg
§112
19.9%
-20.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 462 resolved cases

Office Action

§102 §103
DETAILED ACTION This Action is responsive to the communication filed on 07/28/2026. 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 . In the event the determination of the status of the application as subject to 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. 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 1-3, 7-8, and 10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Suzuki (US 2014/0175508). Regarding claim 1, Suzuki (see, e.g., FIG. 5) discloses a semiconductor device comprising: a first electrode 10 (Para 0034); a first semiconductor region 22 of a first conductivity type e.g., n-type disposed above the first electrode 10 (Para 0035); an insulating film 44 disposed in the first semiconductor region 22 (Para 0043); a second electrode 42 disposed in the insulating film 44 (Para 0043); a second semiconductor region 23 of a second conductivity type e.g., p-type adjacent to the second electrode 42 via the insulating film 44 (Para 0035, Para 0038); a third semiconductor region 24 of the first conductivity type e.g., n-type disposed on the second semiconductor region 23 (Para 0035); and a third electrode 30 electrically coupled to a contact portion 32 (left), the contact portion 32 (left) being in contact with the first semiconductor region 22 to form a Schottky junction on a first side surface e.g., right side surface of 32 (left), being in contact e.g., indirect contact with the second semiconductor region 23 and the third semiconductor region 24 on a second side surface e.g., left side of 32 (left) opposite to the first side surface e.g., right side of 32 (left), and having a bottom surface e.g., bottom surface of 32 (left) located above a bottom surface e.g., bottom surface of 23 of the second semiconductor region 23 (Para 0033, Para 0041, Para 0042). Regarding claim 2, Suzuki (see, e.g., FIG. 5) teaches the semiconductor device according to claim 1, wherein the first semiconductor region 22 has a protrusion 26 (middle) having a third side surface e.g., left side surface of 26 (middle) in contact with the first side surface e.g., right side surface of 32 (left) of the contact portion 32 (left), and the protrusion 26 (middle) is in contact with another contact portion 32 (right) to form a Schottky junction on a fourth side surface e.g., right side surface of 26 (middle) opposite to the third side surface e.g., left side surface of 26 (middle). Regarding claim 3, Suzuki (see, e.g., FIG. 5) teaches the semiconductor device according to claim 1, wherein the contact portion 32 (left) is in contact with the first semiconductor region 22 in an entire region of the first side surface e.g., right side surface of 32 (left) to form a Schottky junction. Regarding claim 7, Suzuki (see, e.g., FIG. 5) teaches the semiconductor device according to claim 1, wherein the first semiconductor region 22, the second semiconductor region 23, and the third semiconductor region 24 are made of silicon including impurities (Para 0035-Para 0039). Regarding claim 8, Suzuki (see, e.g., FIG. 5) teaches the semiconductor device according to claim 7, wherein the contact portion 32 (left) includes titanium, cobalt, nickel, platinum, or tungsten (Para 0041, Para 0042). Regarding claim 10, Suzuki (see, e.g., FIG. 5) teaches the semiconductor device according to claim 1, wherein the first conductivity type e.g., n-type is n-type, and the second conductivity type e.g., p-type is p-type. 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. Claims 4-6 are rejected under 35 U.S.C. 103 as being unpatentable over Suzuki (US 2014/0175508), in view of Saito (US 2012/0056262). Regarding claim 4, although Suzuki shows substantial features of the claimed invention, Suzuki fails to expressly teach the semiconductor device according to claim 1, further comprising: a fourth semiconductor region of the second conductivity type that is in contact with the contact portion and the second semiconductor region and has a higher impurity concentration than the second semiconductor region. Saito (see, e.g., FIG. 1), on the other hand, teaches a fourth semiconductor region 14 of the second conductivity type e.g., p-type that is in contact e.g., direct contact / indirect contact with the contact portion e.g., downward protruding portion of 33 (in direct contact) and the second semiconductor region 12 (in indirect contact) and has a higher impurity concentration than the second semiconductor region 12 for the purpose of moderating the electric field strength applied to the Schottky junction (Para 0022, Para 0028, Para 0029, Para 0053). Examiner note: Examiner notes that p+ denotes a heavy or high level of doping. In this case, the fourth semiconductor region 14 is p+-type and the second semiconductor region 12 is p-type. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include the fourth semiconductor region as described by Saito to the contact portion of Suzuki for the purpose of moderating the electric field strength applied to the Schottky junction (Para 0053). Regarding claim 5, Saito (see, e.g., FIG. 1) teaches the semiconductor device according to claim 4, wherein the fourth semiconductor region 14 is disposed between a bottom surface of the contact portion e.g., bottom surface of the downward protruding portion of 33 and the first semiconductor region 11. Regarding claim 6, although Suzuki shows substantial features of the claimed invention, Suzuki fails to expressly teach the semiconductor device according to claim 1, further comprising: a fourth electrode disposed below the second electrode in the first insulating film and electrically coupled to the third electrode. Saito (see, e.g., FIG. 1), on the other hand, teaches a fourth electrode 31 disposed below the second electrode 32 in the first insulating film 41, 42, 43 and electrically coupled to the third electrode 33 for the purpose of reducing the gate-to-drain capacitance, thereby realizing high speed switching (Para 0024, Para 0026, Para 0035, Para 0055). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include the fourth electrode as described by Saito to the device of Suzuki for the purpose of reducing the gate-to-drain capacitance, thereby realizing high speed switching (Para 0055). Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Suzuki (US 2014/0175508), in view of Shimizu (US 2017/0077299). Regarding claim 9, although Suzuki shows substantial features of the claimed invention, Suzuki fails to expressly teach the semiconductor device according to claim 1, wherein the insulating film is made of silicon oxide or silicon nitride. Shimizu (see, e.g., FIG. 5), on the other hand, teaches the insulating film 16 is made of silicon oxide or silicon nitride for the purpose of utilizing a material that is applicable, i.e., suitable, to being utilized as a gate insulating film (Para 0037). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the material of the insulating film of Suzuki to be made of silicon oxide or silicon nitride as described by Shimizu for the purpose of utilizing a material that is applicable, i.e., suitable, to being utilized as a gate insulating film (Para 0037). Response to Arguments Applicant’s arguments with respect to claim 1 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANTONIO CRITE whose telephone number is (571) 270-5267. The examiner can normally be reached Monday - Friday, 10:00 am - 6:30 pm. 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, Kretelia Graham can be reached at (571) 272-5055. 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. /ANTONIO B CRITE/Primary Examiner, Art Unit 2817
Read full office action

Prosecution Timeline

Jul 25, 2023
Application Filed
Apr 28, 2026
Non-Final Rejection mailed — §102, §103
Jul 28, 2026
Response Filed
Oct 14, 2026
Non-Final Rejection mailed — §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

2-3
Expected OA Rounds
82%
Grant Probability
69%
With Interview (-13.0%)
2y 4m (~0m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 462 resolved cases by this examiner. Grant probability derived from career allowance rate.

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