Prosecution Insights
Last updated: April 19, 2026
Application No. 18/379,668

Semiconductor Device and Fabricating Method Thereof

Non-Final OA §102§103
Filed
Oct 13, 2023
Examiner
MEHTA, RATISHA
Art Unit
2817
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
UNITED MICROELECTRONICS CORPORATION
OA Round
1 (Non-Final)
89%
Grant Probability
Favorable
1-2
OA Rounds
2y 1m
To Grant
96%
With Interview

Examiner Intelligence

Grants 89% — above average
89%
Career Allow Rate
559 granted / 625 resolved
+21.4% vs TC avg
Moderate +6% lift
Without
With
+6.4%
Interview Lift
resolved cases with interview
Fast prosecutor
2y 1m
Avg Prosecution
24 currently pending
Career history
649
Total Applications
across all art units

Statute-Specific Performance

§101
0.4%
-39.6% vs TC avg
§103
44.9%
+4.9% vs TC avg
§102
29.5%
-10.5% vs TC avg
§112
12.3%
-27.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 625 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 . 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) 1-6, 13-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Shih et al (US 2015/0155234; hereinafter Shih). Regarding claim 1, Fig 8 of Shih discloses a semiconductor device comprising: a first dielectric layer (220/230/240/250; Fig 8), the first dielectric layer (220/230/240/250; Fig 8) comprises a stacked structure comprising a low-k dielectric layer (250; Fig 8; ¶ [0019]), an etching stop layer (220; Fig 8; ¶ [0013]) and a carbon-rich dielectric layer (240; Fig 8; ¶ [0019]) between the low-k dielectric layer (250; Fig 8; ¶ [0019]) and the etching stop layer (220; Fig 8; ¶ [0013]), wherein a carbon concentration within the carbon-rich dielectric layer is above 15% (¶ [0018]); and a first conductive structure (270; Fig 8; ¶ [0025]) disposed in the first dielectric layer (220/230/240/250; Fig 8). Regarding claim 2, Fig 8 of Shih discloses the etching stop layer (220; Fig 8; ¶ [0013]) comprises nitrogen doped carbide (¶ [0015]). Regarding claim 3, Fig 8 of Shih discloses the low-k dielectric layer (250; Fig 8; ¶ [0019]) comprises a dielectric constant (¶ [0021]) between 2.5 and 2.9 (¶ [0021]) and the carbon-rich dielectric layer (240; Fig 8; ¶ [0019]) comprises a dielectric constant (¶ [0022]) lower than the dielectric constant (¶ [0022]) of the low-k dielectric layer (250; Fig 8; ¶ [0019]). Regarding claim 4, Fig 8 of Shih discloses the etching stop layer (220; Fig 8; ¶ [0013]) comprises a dielectric constant (¶ [0015]) greater (¶ [0015]) than the dielectric constant of the low-k dielectric layer (250; Fig 8; ¶ [0019]). Regarding claim 5, Fig 8 of Shih discloses the carbon concentration (¶ [0018]) within the carbon-rich dielectric layer (240; Fig 8; ¶ [0019]) is 3%-10% (¶ [0019]) greater than (¶ [0019], [0022]) a carbon concentration within the low-k dielectric layer (250; Fig 8; ¶ [0019]). Regarding claim 6, Fig 8 of Shih discloses the stacked structure (220/230/240/250; Fig 8) further comprises an adhesive layer (230; Fig 8; ¶ [0017]). Regarding claim 13, Fig 8 of Shih discloses a method of fabricating a semiconductor device comprising: forming a first dielectric layer (220/230/240/250; Fig 8), wherein the first dielectric layer (220/230/240/250; Fig 8) comprises a stacked structure comprising a low-k dielectric layer (250; Fig 8; ¶ [0019]), an etching stop layer (220; Fig 8; ¶ [0013]) and a carbon-rich dielectric layer (240; Fig 8; ¶ [0019]) between the low-k dielectric layer (250; Fig 8; ¶ [0019]) and the etching stop layer (220; Fig 8; ¶ [0013]), wherein a carbon concentration within the carbon-rich dielectric layer is above 15% (¶ [0018]); and forming a first conductive structure (270; Fig 8; ¶ [0025]) in the first dielectric layer (220/230/240/250; Fig 8). Regarding claim 14, Fig 8 of Shih discloses wherein forming the first dielectric layer further comprising: sequentially forming an etching stop material layer (220; Fig 2; ¶ [0013]), a carbon rich dielectric material layer (240; Fig 4; ¶ [0019]) and a low-k dielectric material layer; and forming an adhesive material layer (230; Fig 8; ¶ [0017]) between the low-k dielectric material layer (250; Fig 8; ¶ [0019]) and the carbon-rich dielectric material layer (240; Fig 8; ¶ [0019]). Regarding claim 15, Fig 8 of Shih discloses forming the first conductive structure further comprising: forming a through hole (260; Fig 5; ¶ [0023]) in the low-k dielectric material layer, the carbon-rich dielectric material layer, and the etching stop material layer; forming a conductive material (270; Fig 5; ¶ [0024]) in the through hole; and partially removing the conductive material to form the first conductive structure filled in the through hole (¶ [0025]), and to form low-k dielectric layer, the carbon-rich dielectric layer, and the etching stop layer. (Figs 6-8) 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) 7-8 are rejected under 35 U.S.C. 103 as being unpatentable over Shih et al (US 2015/0155234; hereinafter Shih) and further in view of Chhabra et al (US 2012/0121823; hereinafter Chhabra). Regarding claim 7, Shih does not expressly disclose the adhesion layer further comprises an initiation layer and a transition layer stacked sequentially between the etching stop layer and the carbon-rich dielectric layer. In the same field of endeavor, Fig 1A of Chhabra discloses an adhesion layer (106; Fig 1A; ¶ [0024]) comprises an initiation layer (106a; Fig 1A; ¶ [0024]) and a transition layer (106b; Fig 1A; ¶ [0024]). Accordingly it would have been obvious to the person in the ordinary skill in the art before the effective filing date of the invention such that an adhesion layer comprises an initiation layer and a transition layer as an adhesion layer comprising an initiation layer and transition layer enhances the transition between the underlying etch stop layer and low k dielectric layer (¶ [0024]). Regarding claim 8, Fig 8 of Shih discloses the adhesion layer (230; Fig 8; ¶ [0017]) comprises carbon, oxygen or hydrogen or silicon (¶ [0017]). Therefore initiation layer or transition layer will comprise carbon, oxygen or hydrogen or silicon (¶ [0017]) Claim(s) 9-12, 16-17 are rejected under 35 U.S.C. 103 as being unpatentable over Shih et al (US 2015/0155234; hereinafter Shih) and further in view of Liu (US 2021/0035800; hereinafter Liu). Regarding claim 9, Shiu discloses forming a second etch stop layer which may control the end point during subsequent etching processes (¶ [0028]). However Shiu does not expressly disclose a plurality of second dielectric layers stacked on one over another on the first dielectric layer; and a plurality of second conductive structures, respectively disposed in the plurality of second dielectric layers, wherein at least one of the plurality of second dielectric layers comprises another carbon-rich dielectric layer disposed therein, and a carbon concentration of the another carbon-rich dielectric layer is above 15%. In the same field of endeavor, Fig 1 of Liu discloses a first conductive structure (ML0; Fig 1; ¶ [0017]) formed in first dielectric structure (ESL0/DS0; Fig 1) and a plurality of second dielectric structures (ESL2/DL2; Fig 1; ¶ [0034]) and a plurality of second conductive structure (V1; Fig 1; ¶ [0033]) disposed in the plurality of second dielectric layers and the plurality of second dielectric layers comprises another carbon-rich dielectric layer (DL2; Fig 1; ¶ [0034]) and a carbon concentration of the another carbon-rich dielectric layer is above 15% (¶ [0059]). Accordingly it would have been obvious to the person in the ordinary skill in the art before the effective filing date of the invention such that a plurality of second conductive structures, respectively disposed in the plurality of second dielectric layers, wherein at least one of the plurality of second dielectric layers comprises another carbon-rich dielectric layer disposed therein, and a carbon concentration of the another carbon-rich dielectric layer is above 15% as taught by Liu in order to form the device with various interconnections and also the dielectric layer configured to surround the metal layer usually has a low-k property for reducing the RC delay (¶ [0019]). Regarding claim 10, Shiu discloses forming a second etch stop layer which may control the end point during subsequent etching processes (¶ [0028]). However Shiu does not expressly disclose a plurality of second dielectric layers stacked on one over another on the first dielectric layer; and a plurality of second conductive structures, respectively disposed in the plurality of second dielectric layers, wherein each of the plurality of second dielectric layers comprises another carbon-rich dielectric layer disposed therein, and a carbon concentration of the another carbon-rich dielectric layer is above 15%. In the same field of endeavor, Fig 1 of Liu discloses a first conductive structure (ML0; Fig 1; ¶ [0017]) formed in first dielectric structure (ESL0/DS0; Fig 1) and a plurality of second dielectric structures (ESL2/DL2; Fig 1; ¶ [0034]) and a plurality of second conductive structure (V1; Fig 1; ¶ [0033]) disposed in the plurality of second dielectric layers and the plurality of second dielectric layers comprises another carbon-rich dielectric layer (DL2; Fig 1; ¶ [0034]) and a carbon concentration of the another carbon-rich dielectric layer is above 15% (¶ [0059]). Accordingly it would have been obvious to the person in the ordinary skill in the art before the effective filing date of the invention such that a plurality of second conductive structures, respectively disposed in the plurality of second dielectric layers, wherein at least one of the plurality of second dielectric layers comprises another carbon-rich dielectric layer disposed therein, and a carbon concentration of the another carbon-rich dielectric layer is above 15% as taught by Liu in order to form the device with various interconnections and also the dielectric layer configured to surround the metal layer usually has a low-k property for reducing the RC delay (¶ [0019]). Regarding claim 11, Shiu in view of Liu as modified above in claim 9 (Liu in particular) discloses a surface area of one of the second conductive structures (V1; Fig 1; ¶ [0033] of Liu) is greater than a surface area of the first conductive structure (ML0; Fig 1) and the another carbon rich dielectric layer (ESL3; Fig 1 for further interconnections) is disposed on the second conductive structures. Regarding claim 12, Shiu does not expressly disclose a gate electrode disposed under the first dielectric layer, wherein a ratio between a surface area of the first conductive structure and a surface area of the gate electrode is greater than AR5000 and is less than AR100000. In the same field of endeavor, Fig 1 of Liu discloses a gate electrode (106; Fig 1; ¶ [0014]) disposed under the first dielectric layer. Accordingly it would have been obvious to the person in the ordinary skill in the art before the effective filing date of the invention such that a gate electrode is formed in order to include an integrated circuit such as transistor or various passive devices (¶ [0013]). However Shiu in view of Liu does not expressly disclose a ratio between a surface area of the first conductive structure and a surface area of the gate electrode is greater than AR5000 and is less than AR100000. However, the ordinary artisan would have recognized the area of the conductive structure and gate electrode to be a result effective variable affecting antenna ratio which is critical parameter in IC circuits for predicting and preventing antenna effect. Thus, it would have been obvious to vary surface areas within the claimed range, since optimum or workable ranges of such variables are discoverable through routine experimentation. see MPEP 2144.05 II.B Regarding claim 16, Shiu discloses forming a second etch stop layer which may control the end point during subsequent etching processes (¶ [0028]). However Shiu does not expressly disclose a plurality of second dielectric layers stacked on one over another on the first dielectric layer; and a plurality of second conductive structures, respectively disposed in the plurality of second dielectric layers, wherein at least one of the plurality of second dielectric layers comprises another carbon-rich dielectric layer disposed therein, and a carbon concentration of the another carbon-rich dielectric layer is above 15%. In the same field of endeavor, Fig 1 of Liu discloses a first conductive structure (ML0; Fig 1; ¶ [0017]) formed in first dielectric structure (ESL0/DS0; Fig 1) and a plurality of second dielectric structures (ESL2/DL2; Fig 1; ¶ [0034]) and a plurality of second conductive structure (V1; Fig 1; ¶ [0033]) disposed in the plurality of second dielectric layers and the plurality of second dielectric layers comprises another carbon-rich dielectric layer (DL2; Fig 1; ¶ [0034]) and a carbon concentration of the another carbon-rich dielectric layer is above 15% (¶ [0059]). Accordingly it would have been obvious to the person in the ordinary skill in the art before the effective filing date of the invention such that a plurality of second conductive structures, respectively disposed in the plurality of second dielectric layers, wherein at least one of the plurality of second dielectric layers comprises another carbon-rich dielectric layer disposed therein, and a carbon concentration of the another carbon-rich dielectric layer is above 15% as taught by Liu in order to form the device with various interconnections and also the dielectric layer configured to surround the metal layer usually has a low-k property for reducing the RC delay (¶ [0019]). Regarding claim 17, Shiu discloses forming a second etch stop layer which may control the end point during subsequent etching processes (¶ [0028]). However Shiu does not expressly disclose a plurality of second dielectric layers stacked on one over another on the first dielectric layer; and a plurality of second conductive structures, respectively disposed in the plurality of second dielectric layers, wherein each of the plurality of second dielectric layers comprises another carbon-rich dielectric layer disposed therein, and a carbon concentration of the another carbon-rich dielectric layer is above 15%. In the same field of endeavor, Fig 1 of Liu discloses a first conductive structure (ML0; Fig 1; ¶ [0017]) formed in first dielectric structure (ESL0/DS0; Fig 1) and a plurality of second dielectric structures (ESL2/DL2; Fig 1; ¶ [0034]) and a plurality of second conductive structure (V1; Fig 1; ¶ [0033]) disposed in the plurality of second dielectric layers and the plurality of second dielectric layers comprises another carbon-rich dielectric layer (DL2; Fig 1; ¶ [0034]) and a carbon concentration of the another carbon-rich dielectric layer is above 15% (¶ [0059]). Accordingly it would have been obvious to the person in the ordinary skill in the art before the effective filing date of the invention such that a plurality of second conductive structures, respectively disposed in the plurality of second dielectric layers, wherein at least one of the plurality of second dielectric layers comprises another carbon-rich dielectric layer disposed therein, and a carbon concentration of the another carbon-rich dielectric layer is above 15% as taught by Liu in order to form the device with various interconnections and also the dielectric layer configured to surround the metal layer usually has a low-k property for reducing the RC delay (¶ [0019]). Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Wang et al (US 9842804) Cheng et al (US 2017/0018458) Any inquiry concerning this communication or earlier communications from the examiner should be directed to RATISHA MEHTA whose telephone number is (571)270-7473. The examiner can normally be reached Monday-Friday: 9:00am - 5:00 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, 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. /RATISHA MEHTA/Primary Examiner, Art Unit 2817
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Prosecution Timeline

Oct 13, 2023
Application Filed
Dec 12, 2025
Non-Final Rejection — §102, §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
89%
Grant Probability
96%
With Interview (+6.4%)
2y 1m
Median Time to Grant
Low
PTA Risk
Based on 625 resolved cases by this examiner. Grant probability derived from career allow rate.

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