Prosecution Insights
Last updated: April 19, 2026
Application No. 18/359,267

SEMICONDUCTOR STRUCTURE AND FORMING METHOD THEREOF

Non-Final OA §102§103
Filed
Jul 26, 2023
Examiner
TRAN, DZUNG
Art Unit
2893
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Semiconductor Manufacturing North China (Beijing) Corporation
OA Round
1 (Non-Final)
83%
Grant Probability
Favorable
1-2
OA Rounds
2y 4m
To Grant
88%
With Interview

Examiner Intelligence

Grants 83% — above average
83%
Career Allow Rate
846 granted / 1018 resolved
+15.1% vs TC avg
Moderate +5% lift
Without
With
+5.4%
Interview Lift
resolved cases with interview
Typical timeline
2y 4m
Avg Prosecution
87 currently pending
Career history
1105
Total Applications
across all art units

Statute-Specific Performance

§101
4.2%
-35.8% vs TC avg
§103
65.0%
+25.0% vs TC avg
§102
16.0%
-24.0% vs TC avg
§112
10.8%
-29.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1018 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 Status of the Claims Applicant’s election of Group I, claims 1-8 in the reply filed on November 11th, 2025 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.03(a)). Non-elected invention of Group II, claims 9-20 have been withdrawn from consideration. Claims 1-20 are pending. Action on merits of Group I claims 1-8 as follows. Information Disclosure Statement The information disclosure statement (IDS) submitted on July 26th, 2023 has been considered by the examiner. Drawings The drawings filed on 07/26/2023 are acceptable. Specification The specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant's cooperation is requested in correcting any errors of which applicant may become aware in the specification. 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. 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 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. Claims 1, 3-4 and 7 are rejected under 35 U.S.C. 102(a)(1) as being clearly anticipated by Chong (US 2007/0020864, hereinafter as Chong ‘864). Regarding Claim 1, Chong ‘864 teaches a semiconductor structure, comprising: a substrate (Fig. 6, (10); [0037]), comprising a device cell area (Annotated (A)) and an isolated area (Annotated (B)) located on a periphery of the device cell area; an isolation structure (14; [0032]), located in the substrate of the isolated area (Annotated (B)); a device gate structure (21; [0033]), located on the substrate of the device cell area; and a source/drain doped layer, embedded into the substrate of the device cell area on two sides of the device gate structure (21), the source/drain doped layer comprising a source/drain bulk layer (36; [0040]), a side wall of the source/drain bulk layer (36) located on an edge of the device cell area (A_Annotated) and the isolation structure (14) being spaced apart (see Fig. 6). [AltContent: connector][AltContent: connector][AltContent: arrow][AltContent: textbox (B)][AltContent: connector][AltContent: arrow][AltContent: textbox (B)][AltContent: connector][AltContent: textbox (A)][AltContent: arrow] PNG media_image1.png 304 433 media_image1.png Greyscale Fig. 6 (Chong ‘864_Annotated) Regarding Claim 3, Chong ‘864 teaches the side wall of the source/drain bulk layer (36) located on the edge of the device cell area has an included angle with the isolation structure (14) and forms a trench (pit (38); [0038]) with the isolation structure (see Fig. 6). Regarding Claim 4, Chong ‘864 teaches a metal silicide layer, located in the trench and covering a surface of the source/drain bulk layer (see Fig. 6; [0055]). Regarding Claim 7, Chong ‘864 teaches a material of the source/drain doped layer comprises SiGe,or SiC (see para. [0040]). 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 2 is rejected under 35 U.S.C. 103 as being unpatentable over Chong ‘864 as applied to claim 1 above, and further in view of Shimamune (US 2014/0361340, hereinafter Shim ‘340). Regarding Claim 2, Chong ‘864 is shown to teach all the features of the claim with the exception of explicitly the features: “the side wall of the source/drain bulk layer located on the edge of the device cell area on a side opposite to the isolation structure is a Miller index plane <111>”. Shim ‘340 teaches the side wall of the source/drain bulk layer (Fig. 5B, (14A/B); [0084]) located on the edge of the device cell area on a side opposite to the isolation structure is a Miller index plane <111> (14c; [0096]). Thus, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify Chong ‘864 by having the side wall of the source/drain bulk layer located on the edge of the device cell area on a side opposite to the isolation structure is a Miller index plane <111> for the purpose of improving operational speed of the transistors (see para. [0002]) as suggested by Shim ‘340. Claims 5-6 are rejected under 35 U.S.C. 103 as being unpatentable over Chong ‘864 as applied to claim 1 above, and further in view of Liu (US 2019/0393101, hereinafter Liu ‘101). Regarding Claim 5, Chong ‘864 teaches a groove (or recess (34); [0037]), located in the substrate of the device cell area on the two sides of the device gate structure, the source/drain doped layer (36; [0040]) being located in the groove. Chong ‘864 is shown to teach all the features of the claim with the exception of explicitly the features: “a source/drain seed layer, located between the substrate exposed by the groove and the source/drain bulk layer, a doping content of the source/drain seed layer being lower than a doping content of the source/drain bulk layer”. Liu ‘101 teaches a source/drain seed layer (Fig. 6, (305); [0036]), located between the substrate (300) exposed by the groove (304; [0038]) and the source/drain bulk layer (307; [0045]). Thus, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify Chong ‘864 by having a source/drain seed layer, located between the substrate exposed by the groove and the source/drain bulk layer in order to prevent the stress from releasing from the subsequently formed initial bulk layer (see para. [0040]) as suggested by Liu ‘101. Chong ‘864 and Liu ‘101 are shown to teach all the features of the claim with the exception of explicitly the feature: “a doping content of the source/drain seed layer being lower than a doping content of the source/drain bulk layer”. However, it has been held to be within the general skill of a worker in the art to select a doping content of the source/drain seed layer being lower than a doping content of the source/drain bulk layer on the basis of it suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416. A person of ordinary skills in the art is motivated to select a doping content of the source/drain seed layer being lower than a doping content of the source/drain bulk layer in order to improve the performance of the semiconductor devices. Regarding Claim 6, Liu ‘101 teaches the groove is a Σ structure (see Fig. 9). Further, it has been held to be within the general skill of a worker in the art to select a Σ structure for the groove on the basis of it suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416. (see Fig. 2, para. [0026]) of Tsai (US 2016/0020275) as evidence. In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966) (The court held that the configuration of the claimed disposable plastic nursing container was a matter of choice which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular configuration of the claimed container was significant.). PNG media_image2.png 18 19 media_image2.png Greyscale A person of ordinary skills in the art is motivated to select a Σ structure for the groove in order to improve the performance of the semiconductor devices. Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Chong ‘864 as applied to claim 1 above, and further in view of Zhang (US 2016/0099339, hereinafter Zhang ‘339). Regarding Claim 8, Chong ‘864 teaches the substrate comprises a first device cell area for forming a first device (see Fig. 6). Chong ‘864 is shown to teach all the features of the claim with the exception of explicitly the features: “a second device cell area for forming a second device, the first device cell area and the second device cell area being isolated by the isolated area; a plurality of device gate structures are located in the first device cell, and a single device gate structure is located in the second device cell area”. Zhang ‘339 teaches a second device cell area for forming a second device (Fig. 8, (56b); [0045]), the first device cell area and the second device cell area being isolated by the isolated area (26; [0026]); and a single device gate structure is located in the second device cell area (see Fig. 8). Thus, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify Chong ‘864 by having a second device cell area for forming a second device, the first device cell area and the second device cell area being isolated by the isolated area in order to increase the carrier mobilities of the PMOS and NMOS transistors (see abstract) as suggested by Zhang ‘339. Chong ‘864 and Zhang ‘339 are shown to teach all the features of the claim with the exception of explicitly the feature: “a plurality of device gate structures are located in the first device cell”. However, it has been held to be within the general skill of a worker in the art to select a plurality of device gate structures are located in the first device cell on the basis of it suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416. And it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. St. Regis Paper Co. v. Bemis Co., 193 USPQ 8. A person of ordinary skills in the art is motivated to select a plurality of device gate structures are located in the first device cell in order to improve the performance of the semiconductor devices. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The following patents are cited to further show the state of the art with respect to semiconductor devices: Sung et al. (US 2015/0021696 A1) Zhang et al. (US 2015/0001583 A1) Hsu (US 2010/0244153 A1) Wu et al. (US 2008/0179626 A1) For applicant’s benefit portions of the cited reference(s) have been cited to aid in the review of the rejection(s). While every attempt has been made to be thorough and consistent within the rejection it is noted that the PRIOR ART MUST BE CONSIDERED IN ITS ENTIRETY, INCLUDING DISCLOSURES THAT TEACH AWAY FROM THE CLAIMS. See MPEP 2141.02 VI. Any inquiry concerning this communication or earlier communications from the examiner should be directed to DZUNG T TRAN whose telephone number is (571) 270-3911. The examiner can normally be reached on M-F 8 AM-5PM. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Sue Purvis can be reached on (571) 272-1236. 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. /DZUNG TRAN/ Primary Examiner, Art Unit 2893
Read full office action

Prosecution Timeline

Jul 26, 2023
Application Filed
Jan 15, 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
83%
Grant Probability
88%
With Interview (+5.4%)
2y 4m
Median Time to Grant
Low
PTA Risk
Based on 1018 resolved cases by this examiner. Grant probability derived from career allow rate.

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