Prosecution Insights
Last updated: April 19, 2026
Application No. 18/369,527

SEMICONDUCTOR DEVICE AND METHOD OF FABRICATING THE SAME

Non-Final OA §102§103
Filed
Sep 18, 2023
Examiner
JAHAN, BILKIS
Art Unit
2817
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Samsung Electronics Co., Ltd.
OA Round
1 (Non-Final)
88%
Grant Probability
Favorable
1-2
OA Rounds
2y 6m
To Grant
99%
With Interview

Examiner Intelligence

Grants 88% — above average
88%
Career Allow Rate
788 granted / 892 resolved
+20.3% vs TC avg
Moderate +10% lift
Without
With
+10.5%
Interview Lift
resolved cases with interview
Typical timeline
2y 6m
Avg Prosecution
43 currently pending
Career history
935
Total Applications
across all art units

Statute-Specific Performance

§101
0.5%
-39.5% vs TC avg
§103
51.4%
+11.4% vs TC avg
§102
25.8%
-14.2% vs TC avg
§112
14.3%
-25.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 892 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 . Attorney Docket Number: Q288484 Filling Date: 09/18/2023 Priority Date: 02/07/2023 Inventor: Lee et al Examiner: Bilkis Jahan DETAILED ACTION 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. 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) 1-2, 5-6 and 7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Su et al (US 2021/0351079 A1). Regarding claim 1, Su discloses a semiconductor device (Fig. 2), comprising: a substrate 126, 212 (Paras. 24, 27); a lower power line 122 (Para. 67) buried in a lower portion of the substrate 212; a source/drain pattern 106 (Para. 26) on the substrate; and a backside contact 120 (Para. 66) that penetrates the substrate 126 and electrically couples the lower power line 122 to the source/drain pattern 106, wherein the backside contact 120 comprises: an epitaxial pattern 119 (Fig. 3, Para. 25) coupled to a lower portion of the source/drain pattern 106; a contact plug 218 (Para. 24) coupled to the lower power line 122; and a metal-semiconductor compound layer 121 (Para. 25) between the epitaxial pattern 119 and the contact plug 218, and wherein the epitaxial pattern 119 comprises a top surface that protrudes toward the source/drain pattern 106. Regarding claim 2, Su discloses the semiconductor device of claim 1, wherein a concentration of impurities in the epitaxial pattern 119 is greater than a maximum concentration of impurities in the source/drain pattern 106 (Para. 25). Regarding claim 5, Su discloses the semiconductor device of claim 1, further comprising: a device isolation layer 104b (Para. 25) between the source/drain pattern 106 and the substrate 126, 212, wherein the backside contact 120 penetrates the device isolation layer 118. Regarding claim 6, Su discloses the semiconductor device of claim 5, further comprising: a liner 118 (Para. 65) between the device isolation layer 104b and the backside contact 120. Regarding claim 7, Su discloses the semiconductor device of claim 1, wherein the substrate 126, 212 comprises a dielectric substrate (Paras. 24, 27). 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) 3 and 4 are rejected under 35 U.S.C. 103 as being unpatentable over Su et al (US 2021/0351079 A1). Regarding claim 3, Su does not explicitly disclose the semiconductor device of claim 1, wherein: the epitaxial pattern comprises a { 111 } crystal plane, and at least a portion of the epitaxial pattern is covered with the metal-semiconductor compound layer. However, Su discloses the epitaxial pattern 119 and metal semiconductor compound as claimed impurity concentration (Para. 25). Therefore, it would have been obvious to one of the ordinary skill of the art before the effective filling date of the claimed invention to obtain the epitaxial pattern comprises a { 111 } crystal plane, and at least a portion of the epitaxial pattern is covered with the metal-semiconductor compound layer for intended purposes. the applicants have not established the criticality (see next paragraph below) of the crystal plane. CRITICALITY The specification contains no disclosure of either the critical nature of the claimed crystal plane 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, 1578, 16 USPQ2d 1934, 1936 (Fed. Cir. 1990). Regarding claim 4, Su does not explicitly disclose the semiconductor device of claim 1, wherein: the source/drain pattern 106 comprises a buffer layer (bottom) and a main layer (top) on the buffer layer, the source/drain pattern comprises silicon-germanium (Para. 22), and at least a portion of the epitaxial pattern 119 is in contact with the main layer 106. Su does not explicitly disclose a germanium concentration of the main layer is in a range of about 30 at% to about 70 at%. However, Su discloses a particular percentage of germanium in the SiGe layer 106 (Para. 22). Therefore, it would have been obvious to one of the ordinary skill of the art before the effective filling date of the claimed invention to obtain a germanium concentration of the main layer is in a range of about 30 at% to about 70 at% for intended purposes. the applicants have not established the criticality (see next paragraph below) of the at%. CRITICALITY The specification contains no disclosure of either the critical nature of the claimed at% 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, 1578, 16 USPQ2d 1934, 1936 (Fed. Cir. 1990). Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Su et al (US 2021/0351079 A1) in view of Lee et al (US 2022/0068805 A1). Regarding claim 8, Su does not explicitly disclose the semiconductor device of claim 1, further comprising: a power delivery network layer below the substrate, wherein the power delivery network layer is configured to provide the lower power line with at least one of a source voltage and a drain voltage. However, Lee discloses a power delivery network layer BIL2, 160 (Fig. 36, Paras. 171, 170) below the substrate 100 (Para. 171), wherein the power delivery network layer BIL2, 160 (Paras. 171, 170) is configured to provide the lower power line BIL1 (Para. 171) with at least one of a source voltage and a drain voltage (Fig. 36, Para. 171). Lee teaches the above modification is used to apply power voltage and ground voltage of the device (Para. 171). It would have been obvious to one of the ordinary skill of the art before the effective filling date of the claimed invention to combine Su structure with Lee power delivery network layer as suggested above to apply power voltage and ground voltage of the device (Para. 171). Allowable Subject Matter Claims 9-19 and 20 are allowed. The following is an examiner’s statement of reasons for allowance: The applied prior arts neither anticipate nor render the claimed subject matter obvious because they fail to teach the claimed semiconductor device, comprising: a dielectric substrate; an etch stop layer on the dielectric substrate; a channel pattern on the etch stop layer; wherein the etch stop layer comprises silicon doped with at least one of oxygen (O) and carbon (C), and wherein the etch stop layer is between the dielectric substrate and a lowermost electrode of the plurality of inner electrodes in combination with all other limitations as recited in claim 9. The applied prior arts neither anticipate nor render the claimed subject matter obvious because they fail to teach the claimed semiconductor device, comprising: a dielectric substrate; an etch stop layer on the dielectric substrate; a channel pattern on the etch stop layer, the gate capping pattern and is electrically coupled to the gate electrode in combination with all other limitations as recited in claim 16. Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.” Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to BILKIS JAHAN whose telephone number is (571)270-5022. The examiner can normally be reached Monday-Friday, 8:00 am-5 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, Marlon T Fletcher can be reached at (571)272-2063. 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. BILKIS . JAHAN Primary Examiner Art Unit 2817 /BILKIS JAHAN/Primary Examiner, Art Unit 2817
Read full office action

Prosecution Timeline

Sep 18, 2023
Application Filed
Feb 07, 2026
Non-Final Rejection — §102, §103
Mar 20, 2026
Interview Requested
Mar 30, 2026
Examiner Interview Summary
Mar 30, 2026
Applicant Interview (Telephonic)

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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
88%
Grant Probability
99%
With Interview (+10.5%)
2y 6m
Median Time to Grant
Low
PTA Risk
Based on 892 resolved cases by this examiner. Grant probability derived from career allow rate.

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