Prosecution Insights
Last updated: April 19, 2026
Application No. 18/366,073

Gate Structure of Semiconductor Device and Method of Forming Same

Non-Final OA §102§103
Filed
Aug 07, 2023
Examiner
KOO, LAMONT B
Art Unit
2813
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Taiwan Semiconductor Manufacturing Co., Ltd.
OA Round
1 (Non-Final)
81%
Grant Probability
Favorable
1-2
OA Rounds
2y 8m
To Grant
86%
With Interview

Examiner Intelligence

Grants 81% — above average
81%
Career Allow Rate
441 granted / 547 resolved
+12.6% vs TC avg
Moderate +6% lift
Without
With
+5.5%
Interview Lift
resolved cases with interview
Typical timeline
2y 8m
Avg Prosecution
49 currently pending
Career history
596
Total Applications
across all art units

Statute-Specific Performance

§103
62.0%
+22.0% vs TC avg
§102
29.9%
-10.1% vs TC avg
§112
7.2%
-32.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 547 resolved cases

Office Action

§102 §103
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. 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 1-5 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Li et al. (US 2018/0122701) (hereafter Li). Regarding claim 1 , Li discloses a device comprising: a gate stack (330, 340, 350, 360, 370, and 380 in Fig. 12) over an active region of a substrate 110 (Fig. 12, paragraph 0031) , wherein the gate stack (330, 340, 350, 360, 370, and 380 in Fig. 12) comprises: a gate dielectric layer 330 (Fig. 12, paragraph 0066) ; and a first work function layer (340, 350, 360, and 370 in Fig. 12) over the gate dielectric layer 330 (Fig. 12) , the first work function layer (340, 350, 360, and 370 in Fig. 12) comprising a plurality of first layers (340 and 370 in Fig. 12) and a plurality of second layers (350 and 360 in Fig. 12) arranged in an alternating manner over the gate dielectric layer 330 (Fig. 12) , the plurality of first layers (340 and 370 in Fig. 12) comprising a first material (see paragraph 0080, wherein “TaN”) , the plurality of second layers (350 and 360 in Fig. 12) comprising a second material (see paragraph 0082, wherein “ Tin” ) different from the first material (see paragraph 0080, wherein “TaN”) . Regarding claim 2 , Li further discloses the device of claim 1, wherein the first material (see paragraph 0080, wherein “TaN”) is a first metal nitride material. Regarding claim 3 , Li further discloses the device of claim 2, wherein the first metal nitride material (see paragraph 0080, wherein “TaN”) comprises TaN or TiN. Regarding claim 4 , Li further discloses the device of claim 2, wherein the second material (see paragraph 0082, wherein “ Tin” ) is a second metal nitride material. Regarding claim 5 , Li further discloses the device of claim 4, wherein the second metal nitride material (see paragraph 0082, wherein “ Tin” ) comprises TaN or TiN. Claims 8-10, 1 3 -16 and 19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wang et al. (US 2019/0378907) (hereafter Wang). Regarding claim 8 , Wang discloses a device comprising: a gate stack (111, 112, 113, 121, 122, 131, 132, 142, and 140 in Fig. 9B) over an active region of a substrate 100 (Fig. 9B, paragraph 0054) , wherein the gate stack (111, 112, 113, 121, 122, 131, 132, 142, and 140 in Fig. 9B) comprises: a gate dielectric layer 112 (Fig. 9B, paragraph 0060) ; a p-type work function layer (121 and 122 in Fig. 9B) over the gate dielectric layer 112 (Fig. 9B) , the p-type work function layer (121 and 122 in Fig. 9B) comprising a pair of layers (121 and 122 in Fig. 9B) repeated two of more times, the pair of layers (121 and 122 in Fig. 9B) comprising a first layer 121 ( Fig. 9B, paragraph 0056) comprising a first metal nitride material (see paragraph 0056, wherein “TiN”) and a second layer 122 ( Fig. 9B, paragraph 0056) comprising a second metal nitride material (see paragraph 0056, wherein “TaN”) different from the first metal nitride material (see paragraph 0056, wherein “TiN”) ; and an n-type work function layer 131 (Fig. 9B, paragraph 0063) over the p-type work function layer (121 and 122 in Fig. 9B) . Regarding claim 9 , Wang further discloses the device of claim 8, wherein the first metal nitride material (see paragraph 0056, wherein “TiN”) comprises TaN or TiN. Regarding claim 10 , Wang further discloses the device of claim 9, wherein the second metal nitride material (see paragraph 0056, wherein “TaN”) comprises TaN or TiN. Regarding claim 13 , Wang further discloses the device of claim 8, wherein a first thickness (vertical length of bottom 121 in Fig. 9B) of the first layer 121 (Fig. 9B) is different from a second thickness (vertical length of top 121 in Fig. 9B) of the second layer 122 (Fig. 9B). Regarding claim 14 , Wang discloses a device comprising: a first active region 100 (Fig. 9B, paragraph 0054, wherein “ semiconductor substrate” ) of a semiconductor material; a first transistor (see “P-type transistors” in paragraph 0059) on the first active region 100 (Fig. 9B) , the first transistor being p-type, the first transistor (see “P-type transistors” in paragraph 0059) comprising a first gate stack (region from 111 to 140 in Fig. 9B) , the first gate stack comprising: a gate dielectric layer 112 (Fig. 9B, paragraph 0060) ; a first layer (bottom 121 in Fig. 9B, paragraph 0056) of a first metal nitride material (see paragraph 0056, wherein “TiN”) over the gate dielectric layer 112 (Fig. 9B) ; a first layer (bottom 122 in Fig. 9B, paragraph 0056) of a second metal nitride material (see paragraph 0056, wherein “ TaN” ) over the first layer (bottom 121 in Fig. 9B) of the first metal nitride material (see paragraph 0056, wherein “TiN”) , the first metal nitride material (see paragraph 0056, wherein “TiN”) being a different material than the second metal nitride material (see paragraph 0056, wherein “ TaN” ) ; a second layer (top 121 in Fig. 9B, paragraph 0056) of the first metal nitride material (see paragraph 0056, wherein “TiN”) over the first layer (bottom 122 in Fig. 9B) of a second metal nitride material (see paragraph 0056, wherein “ TaN” ) ; a second layer (top 122 in Fig. 9B, paragraph 0056) of the second metal nitride material (see paragraph 0056, wherein “ TaN” ) over the second layer (top 121 in Fig. 9B) of the first metal nitride material (see paragraph 0056, wherein “TiN”) ; and a conductive fill layer 140 (Fig. 9B, paragraph 0095) over the second layer (top 122 in Fig. 9B) of the second metal nitride material (see paragraph 0056, wherein “ TaN” ) . Regarding claim 15 , Wang further discloses the device of claim 14, wherein the first metal nitride material (see paragraph 0056, wherein “TiN”) comprises TaN or TiN. Regarding claim 16 , Wang further discloses the device of claim 15, wherein the second metal nitride material (see paragraph 0056, wherein “ TaN” ) comprises TaN or TiN. Regarding claim 19 , Wang further discloses the device of claim 14 further comprising a work function metal 131 (Fig. 9B, paragraph 0063) between the second layer (top 122 in Fig. 9B) of the second metal nitride material (see paragraph 0056, wherein “ TaN” ) and the conductive fill layer 140 (Fig. 9B). 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. Claims 6 and 7 are rejected under 35 U.S.C. 103 as being unpatentable over Li as applied to claim 1 above, and further in view of Zhao et al. (US 2015/0243564) (hereafter Zhao). Regarding claim 6 , Li discloses the device of claim 1, however Li does not disclose the gate stack further comprises a second work function layer over the first work function layer, the second work function layer comprising a third material different from the first material and the second material. Zhao discloses the gate stack (201A, 202A, 203A, 204A, 205A, and 206A in Fig. 2K) further comprises a second work function layer 205A (Fig. 11, paragraph 0098 ) over the first work function layer 204A (Fig. 11, paragraph 0093, wherein “ one or more of Ti.sub.xN.sub.(1-x), TaC, MoN, TaN, etc.” ), the second work function layer 205A (Fig. 11) comprising a third material (see paragraph 0098, wherein “ one or more of TiAl, Al, etc. ”) different from the first material (see paragraph 0027, wherein “ TaN ”) and the second material (see paragraph 0027, wherein “ Ti.sub.xN.sub.(1-x) ”). 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 invention of Li to form the gate stack further comprises a second work function layer over the first work function layer, the second work function layer comprising a third material different from the first material and the second material, as taught by Zhao, in order to satisfy work function requirements associated with the device. Regarding claim 7 , Li in view of Zhao discloses the device of claim 6, however Li does not disclose the first work function layer is a p-type work function layer, and wherein the second work function layer is an n-type work function layer. Zhao discloses the first work function layer 204A (Fig. 2K, paragraph 0093) is a p-type work function layer, and wherein the second work function layer 205A (Fig. 2K, paragraph 0098) is an n-type work function layer. 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 invention of Li to form a glue layer between the work function metal and the conductive fill layer, as taught by Zhao, in order to satisfy work function requirements associated with the device. Claims 11, 17, and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Wang as applied to claims 10 and 16 above. Regarding claim 11 , Wang discloses the device of claim 10, however Wang does not explicitly disclose a ratio of a fraction of Ta to a fraction of Ti in the p-type work function layer is from 0.5 to 0.95. Regarding the limitation, “a ratio of a fraction of Ta to a fraction of Ti in the p-type work function layer is from 0.5 to 0.95”, Wang discloses the pair of layers (121 and 122 in Fig. 9B) comprising a first layer 121 ( Fig. 9B, paragraph 0056) comprising a first metal nitride material (see paragraph 0056, wherein “TiN”) and a second layer 122 ( Fig. 9B, paragraph 0056) comprising a second metal nitride material (see paragraph 0056, wherein “TaN”). Ratio of Ta in a portion of second layer 122 ( Wang, Fig. 9B, paragraph 0056, wherein “TaN”) to Ti in portion of the first layer 121 ( Wang, Fig. 9B, paragraph 0056, wherein “TiN”) having twice the size of the portion of second layer 122 ( Wang, Fig. 9B) is 0.5. 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 invention of Wang to form a ratio of a fraction of Ta to a fraction of Ti in the p-type work function layer is from 0.5 to 0.95, since such a modification would have involved discovering the optimum or working ranges involves only routine skill in the art. In re Aller, 220 F.2d 454,456, 105 USPQ 233,235 (CCPA 1955) . In addition, in the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990). Note that the specification contains no disclosure of either the critical nature of the claimed ranges or any unexpected results arising therefrom. Where patentability is said to be based upon particular chosen dimensions or upon another variable recited in a claim, the applicant must show that the chosen dimensions are critical. In re Woodruff , 919 f.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990). Regarding claim 17 , Wang further discloses the device of claim 16, wherein the first layer (bottom 121 in Fig. 9B) of the first metal nitride material (see paragraph 0056, wherein “TiN”) , the first layer (bottom 122 in Fig. 9B) of the second metal nitride material (see paragraph 0056, wherein “ TaN” ) , the second layer (top 121 in Fig. 9B) the first metal nitride material, and the second layer (top 122 in Fig. 9B) of the second metal nitride material are collectively comprised by a p-type work function metal layer. Wang does not explicitly disclose a ratio of a fraction of Ta to a fraction of Ti in the p-type work function metal layer is 0.5 to 0.95. Regarding the limitation, “a ratio of a fraction of Ta to a fraction of Ti in the p-type work function layer is from 0.5 to 0.95”, Wang discloses the pair of layers (121 and 122 in Fig. 9B) comprising a first layer 121 ( Fig. 9B, paragraph 0056) comprising a first metal nitride material (see paragraph 0056, wherein “TiN”) and a second layer 122 ( Fig. 9B, paragraph 0056) comprising a second metal nitride material (see paragraph 0056, wherein “TaN”). Ratio of Ta in a portion of second layer 122 (Wang, Fig. 9B, paragraph 0056, wherein “TaN”) to Ti in portion of the first layer 121 (Wang, Fig. 9B, paragraph 0056, wherein “TiN”) having twice the size of the portion of second layer 122 (Wang, Fig. 9B) is 0.5. 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 invention of Wang to form a ratio of a fraction of Ta to a fraction of Ti in the p-type work function layer is from 0.5 to 0.95, since such a modification would have involved discovering the optimum or working ranges involves only routine skill in the art. In re Aller, 220 F.2d 454,456, 105 USPQ 233,235 (CCPA 1955) . In addition, in the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990). Note that the specification contains no disclosure of either the critical nature of the claimed ranges or any unexpected results arising therefrom. Where patentability is said to be based upon particular chosen dimensions or upon another variable recited in a claim, the applicant must show that the chosen dimensions are critical. In re Woodruff , 919 f.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990). Regarding claim 18 , Wang discloses the device of claim 17, however Wang does not explicitly disclose the fraction of Ta in the p-type work function metal layer is 7 at% to 40 at%, and the fraction of Ti in the p-type work function metal layer is 7 at% to 40 at%. Regarding the limitation, “the fraction of Ta in the p-type work function metal layer is 7 at% to 40 at%, and the fraction of Ti in the p-type work function metal layer is 7 at% to 40 at%”, Wang discloses the pair of layers (121 and 122 in Fig. 9B) comprising a first layer 121 ( Fig. 9B, paragraph 0056) comprising a first metal nitride material (see paragraph 0056, wherein “TiN”) and a second layer 122 ( Fig. 9B, paragraph 0056) comprising a second metal nitride material (see paragraph 0056, wherein “TaN”). A portion of first layer 121 (Wang, Fig. 9B, paragraph 0056, wherein “TiN”) has Ti:N = 1:1 and a portion of second layer 122 (Wang, Fig. 9B, paragraph 0056, wherein “TaN”) has Ta:N = 1:1 such that the fraction of Ta in the sum of the portion of first layer 121 (Wang, Fig. 9B) and the portion of first layer 121 (Wang, Fig. 9B) is 25 at% (Ta:TiN/TaN = 1:4). 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 invention of Wang to form the fraction of Ta in the p-type work function metal layer is 7 at% to 40 at%, and the fraction of Ti in the p-type work function metal layer is 7 at% to 40 at%, since such a modification would have involved discovering the optimum or working ranges involves only routine skill in the art. In re Aller, 220 F.2d 454,456, 105 USPQ 233,235 (CCPA 1955) . In addition, in the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990). Note that the specification contains no disclosure of either the critical nature of the claimed ranges or any unexpected results arising therefrom. Where patentability is said to be based upon particular chosen dimensions or upon another variable recited in a claim, the applicant must show that the chosen dimensions are critical. In re Woodruff , 919 f.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990). Claim s 12 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Wang as applied to claim s 8 and 19 above, and further in view of Chan et al. (US 2011/0241130) (hereafter Chan). Regarding claim 12 , Wang discloses the device of claim 8, however Wang does not disclose the gate stack further comprises: a glue layer over the n-type work function layer; and a conductive layer over the glue layer. Chan discloses the gate stack further comprises: a glue layer 116 (Fig. 1, paragraph 0025) over the n-type work function layer 112 (Fig. 1, paragraph 0021); and a conductive layer 118 (Fig. 1, paragraph 0025) over the glue layer 116 (Fig. 1) . 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 invention of Wang to form the gate stack further comprises: a glue layer over the n-type work function layer; and a conductive layer over the glue layer, as taught by Chan, since a wetting layer/glue layer 116 (Chan, Fig. 1, paragraph 0025) is formed immediately below the cap layer/conductive fill layer 118 (Chan, Fig. 1, paragraph 0025) to enhance adhesion of the cap layer/conductive fill layer 118 (Chan, Fig. 1, paragraph 0025) to the underlying layer. Regarding claim 20 , Wang discloses the device of claim 19, however Wang does not disclose a glue layer between the work function metal and the conductive fill layer. Chan discloses a glue layer 116 (Fig. 1, paragraph 0025) between the work function metal 112 (Fig. 1, paragraph 0015) and the conductive fill layer 118 (Fig. 1, paragraph 0025). 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 invention of Wang to form a glue layer between the work function metal and the conductive fill layer, as taught by Chan, since a wetting layer/glue layer 116 (Chan, Fig. 1, paragraph 0025) is formed immediately below the cap layer/conductive fill layer 118 (Chan, Fig. 1, paragraph 0025) to enhance adhesion of the cap layer/conductive fill layer 118 (Chan, Fig. 1, paragraph 0025) to the underlying layer. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to FILLIN "Examiner name" \* MERGEFORMAT LAMONT B KOO whose telephone number is FILLIN "Phone number" \* MERGEFORMAT (571)272-0984 . The examiner can normally be reached FILLIN "Work Schedule?" \* MERGEFORMAT 7:00 AM - 3:30 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, Steven Gauthier FILLIN "SPE Name?" \* MERGEFORMAT can be reached on (571)270-0373. 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. /L.B.K/ Examiner, Art Unit 2813 /STEVEN B GAUTHIER/ Supervisory Patent Examiner, Art Unit 2813
Read full office action

Prosecution Timeline

Aug 07, 2023
Application Filed
Dec 10, 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
81%
Grant Probability
86%
With Interview (+5.5%)
2y 8m
Median Time to Grant
Low
PTA Risk
Based on 547 resolved cases by this examiner. Grant probability derived from career allow rate.

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