Office Action Predictor
Last updated: April 15, 2026
Application No. 18/381,374

SEMICONDUCTOR STRUCTURE AND MANUFACTURING METHOD THEREOF

Non-Final OA §102§103
Filed
Oct 18, 2023
Examiner
VU, VU A
Art Unit
2897
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Taiwan Semiconductor Manufacturing Company, LTD.
OA Round
1 (Non-Final)
92%
Grant Probability
Favorable
1-2
OA Rounds
1y 9m
To Grant
97%
With Interview

Examiner Intelligence

Grants 92% — above average
92%
Career Allow Rate
1208 granted / 1309 resolved
+24.3% vs TC avg
Minimal +5% lift
Without
With
+4.8%
Interview Lift
resolved cases with interview
Fast prosecutor
1y 9m
Avg Prosecution
48 currently pending
Career history
1357
Total Applications
across all art units

Statute-Specific Performance

§101
0.6%
-39.4% vs TC avg
§103
44.5%
+4.5% vs TC avg
§102
34.4%
-5.6% vs TC avg
§112
12.5%
-27.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1309 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 Objections Claim 17 is objected to because of the following informalities: Aluminum oxide is not Al. It should be AlO, or Al2O3. Claim Rejections - 35 USC § 102 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 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. 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 16 and 18-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Dubin et al. (U.S. Patent No. 7,008,872). Regarding to claim 16, Dubin teaches semiconductor structure, comprising: a first interlayer dielectric (ILD) layer (Fig. 14, element 104); a first metal layer, embedded in the first interlayer dielectric layer (Fig. 14, element 112); a metal capping layer, disposed on the first metal layer (Fig. 14, element 114); an etching stop bi-layer structure, including: a self-aligned etching stop layer, disposed on the metal capping layer (Fig. 14, column 6, lines 5-8, please also see Fig. 11, portion of layer 114 under the opening 128. The portion prevents the metal 112 from being etched when the opening 128 is formed); and a conformal etching stop layer, disposed on the first interlayer dielectric layer and the self-aligned etching stop layer (Fig. 14, please also see Fig. 11, element 108. The portion of layer 108 prevents the metal 112 from being etched when the opening 128 is formed); a second interlayer dielectric (ILD) layer, disposed on the etching stop bi-layer structure (Fig. 14, element 116); a via, embedded in the second interlayer dielectric layer (Fig. 14, element 138); and a second metal layer, embedded in the second interlayer dielectric layer and disposed on the via (Fig. 14, element 144). Regarding to claim 18, Dubin teaches a thickness of the self-aligned etching stop layer is 1 A to 100 um (column 6, lines 3-5). Examiner’s note: the claimed upper limit and lower limit are unrealistic because one Angstrom is smaller than dimension of a metal atom, and metal layers in semiconductor chip is never to be 100 microns. Typically, it is in the range of 500A to 5000A (less than one micron). The claimed range is too broad such that it is inherently met by any metal layer in a chip. Regarding to claim 19, Dubin teaches the self-aligned etching stop layer only covers the metal capping layer (column 6, lines 5-9, portion of cap layer 114 becomes self-aligned etching stop layer, thus this portion only covers the metal capping layer). Regarding to claim 20, Dubin teaches the etching stop bi-layer structure further includes: a first hermetic layer, disposed between the first interlayer dielectric layer and the conformal etching stop layer, and disposed between the self-aligned etching stop layer and the conformal etching stop layer (Fig. 12, portion of layer 132 between layer 114 and 108); and a second hermetic layer, disposed on the conformal etching stop layer (Fig. 12, portion of layer 132 on layer 108). Claim Rejections - 35 USC § 103 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 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. 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 1-8 are rejected under 35 U.S.C. 103 as being unpatentable over Dubin et al. (U.S. Patent No. 7,008,872) in view of Lee et al. (U.S. Patent No. 7,101,790). Regarding to claim 1, Dubin teaches a manufacturing method of a semiconductor structure, comprising: forming a trench in a first interlayer dielectric (ILD) layer (Fig. 1; column 4, lines 4-5, forming trench 106 in first interlayer dielectric 104); filling a metal conductor in the trench (Figs. 2-3, element 112; column 4, lines 53-55); performing planarization on the metal conductor (Fig. 4, element 112; column 5, lines 10-13); performing a thermal treatment, a photo treatment or a bias-assist treatment on the metal conductor (column 7, lines 54-56, thermal treatment); forming a metal capping, etching stop layer on a first metal layer (Fig. 5, element 114; column 6, lines 5-7); forming a via (Fig. 8, element 118B), a second interlayer dielectric (ILD) layer (Fig. 7, element 116) and a second metal layer (Fig. 9, element 124) on the etching stop bi-layer structure, wherein the via is embedded in the second interlayer dielectric layer and the via is disposed between the first metal layer and the second metal layer (Fig. 7, the via is embedded in the second interlayer dielectric layer 116 and the via is disposed between the first metal layer 112 and the second metal layer 124). Dubin does not disclose the metal conductor is with metal dopants, the thermal treatment on the metal conductor with the metal dopants to form a self-forming metal capping layer on a first metal layer, and the etching stop layer is an etching stop bi-layer structure. Lee discloses filling a metal conductor with metal dopants in the trench (Fig. 1, column 6, lines 32-36), performing a thermal treatment to form a self-forming metal capping layer on a first metal layer (column 6, lines 44-49), and forming an etching stop bi-layer structure (Fig. 1F, elements 14A and 14B; column 4, line 37). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Dubin in view of Lee to dope the metal conductor with metal dopants so that the anneal process self-form metal capping layer on a first metal layer, and to form the etching stop layer as a bi-layer structure in order to increase reliability with a simpler fabrication process. PNG media_image1.png 749 1143 media_image1.png Greyscale Regarding to claim 2, Lee discloses a selection of metal dopants (column 5, lines 26-29). It would have been obvious to one having ordinary skill in the art at the time the invention was filed to select Vanadium (V), Niobium (Nb), Molybdenum (Mo), Tungsten (W) or Manganese (Mn), as metal dopant for obtain desired resistivity, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 227 F.2d 197, 125 USPQ 416 (CCPA 1960). Regarding to claim 3, Lee discloses in the filling the metal conductor with the metal dopants in the trench, the metal conductor with the metal dopants is filled by Chemical Vapor Deposition (CVD), Atomic Layer Deposition (ALD), Physical Vapor Deposition (PVD), Electro Chemical Plating (ECP) or Electroless plating (column 6, lines 21-25). Regarding to claim 4, Lee discloses in the filling the metal conductor with the metal dopants in the trench, a process temperature is 10°C to 400 °C (column 7, lines 20-25, PVD or CVD is known at 300 °C to 400 °C, ECD process in known at near room temperature). Regarding to claim 5, Lee discloses the thermal treatment is performed by a hotplate, the photo treatment is performed by a laser, and the bias-assist treatment is performed by applying a voltage (column 6, lines 44-49). Regarding to claim 6, Lee discloses in the performing the thermal treatment, the photo treatment or the bias-assist treatment on the metal conductor with the metal dopants to form the self-forming metal capping layer on the first metal layer, a process temperature is 10 °C to 400 °C (column 67, lines 46-48). Regarding to claim 7, Lee discloses a process temperature in the filling the metal conductor with the metal dopants in the trench is lower than a process temperature in the performing the thermal treatment, the photo treatment or the bias-assist treatment on the metal conductor with the metal dopants to form the self-forming metal capping layer on the first metal layer (column 6, lines 16, lines 44-47, the metal conductor with the metal dopants in the trench is near room temperature, the thermal treatment is at 200 °C to 350 °C). Regarding to claim 8, Lee discloses a thickness of the self-forming metal capping layer is 1A to 100 µm (column 5, lines 50-55). Examiner’s note: the claimed upper limit and lower limit are unrealistic because one Angstrom is much smaller than dimension of an atom, and metal layers in semiconductor chip is never to be 100 microns. Typically, it is in the range of 500A to 5000A (less than one micron). The claimed range is too broad such that it is inherently met by any metal layer in a chip. Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Dubin et al. (U.S. Patent No. 7,008,872), as applied to claim 16 above, in view of Rainville et al. (U.S. Patent No. 9,859,153). Regarding to claim 17, Dubin is silent as to material of the self-aligned etching stop layer. Rainville discloses a material of an etching stop layer is Zirconium oxide or Aluminum oxide (column 3, lines 63-64). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Dubin in view of Rainville to configure aluminum oxide as material of the self-aligned etching stop layer in order to increase resisting to etching chemicals. Allowable Subject Matter Claims 9-15 are allowed. The following is a statement of reasons for the indication of allowable subject matter: Regarding to claim 9, the prior art fails to anticipate or render obvious the combination of limitations including “performing a thermal treatment, a photo treatment or a bias-assist treatment on the metal conductor with the metal dopants to form a self-aligned etching stop layer and a first metal layer, wherein the self-aligned etching stop layer is formed on the metal capping layer; forming a conformal etching stop layer on the first interlayer dielectric layer and the self-aligned etching stop layer to form an etching stop bi-layer structure”. Comparing to the prior-art of the record, the most relevant prior art is Dubin et al. (U.S. Patent No. 7,008,872). Dubin discloses a manufacturing method of a semiconductor structure, comprising: forming a trench in a first interlayer dielectric (ILD) layer (Fig. 1, element 106; column 4, lines 4-5); filling a metal conductor in the trench (Figs. 2-3, element 112; column 4, lines 53-55; column 6, lines 26-30, copper doped with nickel); performing planarization on the metal conductor with the metal dopants (Fig. 4, element 112; column 5, lines 10-13); forming a metal capping layer on the metal conductor with the metal dopants (Fig. 5, element 114); performing a thermal treatment, a photo treatment or a bias-assist treatment on the metal conductor with the metal dopants (column 7, lines 57-56, thermal treatment); forming a via (Fig. 7, element 118), a second interlayer dielectric (ILD) layer (Fig. 7, element 116) and a second metal layer (Fig. 9, element 124) on the etching stop bi-layer structure, wherein the via is embedded in the second interlayer dielectric layer and the via is disposed between the first metal layer and the second metal layer (Fig. 7, the via is embedded in the second interlayer dielectric layer 116 and the via is disposed between the first metal layer 112 and the second metal layer 124). US-20210407852-A1US-9859153-B1, US-11145751-B2, US-10304729-B2US-12394716-B2, US-9406555-B2US-6258710-B1, US-7776743-B2, US-20220293512-A1, and US-6130161-A, are cited as teaching some of the elements and features of the claimed invention. However, the cited references, and the pertinent prior art, when taken alone or in combination, cannot be reasonably construed as adequately teaching or suggesting all of the elements and features of the claimed invention as arranged in the manner as claimed by the Applicants. Claims 10-15 are allowable for, at least, the same reasons with claim 9 which they are dependent from. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to VU A VU whose telephone number is (571)270-7467. The examiner can normally be reached M-F: 8:00AM - 5:00PM. 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, CHAD M DICKE can be reached at (571) 270-7996. 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. /VU A VU/Primary Examiner, Art Unit 2897
Read full office action

Prosecution Timeline

Oct 18, 2023
Application Filed
Jan 06, 2026
Non-Final Rejection — §102, §103
Apr 02, 2026
Response Filed

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12593656
HYBRID RELEASE LAYER FOR MICRODEVICE CARTRIDGE
2y 5m to grant Granted Mar 31, 2026
Patent 12593704
Three-Dimensional Semiconductor Device and Method
2y 5m to grant Granted Mar 31, 2026
Patent 12593147
STRUCTURES AND METHODS FOR PHASE DETECTION AUTO FOCUS
2y 5m to grant Granted Mar 31, 2026
Patent 12593638
DEVICE WAFER PROCESSING METHOD
2y 5m to grant Granted Mar 31, 2026
Patent 12588562
SEMICONDUCTOR PACKAGE
2y 5m to grant Granted Mar 24, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

AI Strategy Recommendation

Get an AI-powered prosecution strategy using examiner precedents, rejection analysis, and claim mapping.
Powered by AI — typically takes 5-10 seconds

Prosecution Projections

1-2
Expected OA Rounds
92%
Grant Probability
97%
With Interview (+4.8%)
1y 9m
Median Time to Grant
Low
PTA Risk
Based on 1309 resolved cases by this examiner. Grant probability derived from career allow rate.

Sign in for Full Analysis

Enter your email to receive a magic link. No password needed.

Free tier: 3 strategy analyses per month