Prosecution Insights
Last updated: July 17, 2026
Application No. 18/382,199

SEMICONDUCTOR DEVICE WITH AIR GAP AND METHOD FOR FABRICATING THE SAME

Final Rejection §103
Filed
Oct 20, 2023
Priority
Jun 09, 2023 — divisional of 12/500,120
Examiner
VALENZUELA, PATRICIA D
Art Unit
2812
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
NANYA TECHNOLOGY Corporation
OA Round
2 (Final)
90%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
92%
With Interview

Examiner Intelligence

Grants 90% — above average
90%
Career Allowance Rate
647 granted / 717 resolved
+22.2% vs TC avg
Minimal +2% lift
Without
With
+2.1%
Interview Lift
resolved cases with interview
Typical timeline
2y 2m
Avg Prosecution
63 currently pending
Career history
794
Total Applications
across all art units

Statute-Specific Performance

§101
0.3%
-39.7% vs TC avg
§103
86.7%
+46.7% vs TC avg
§102
4.8%
-35.2% vs TC avg
§112
1.8%
-38.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 717 resolved cases

Office Action

§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 § 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) 1-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim(USPGPUB DOCUMENT: 2018/0261601, hereinafter Kim) in view of Huang (USPGPUB DOCUMENT: 2021/0398879, hereinafter Huang) and Kwon (USPGPUB DOCUMENT: 2016/0181143, hereinafter Kwon). Re claim 1 Kim discloses a method for fabricating a semiconductor device, comprising: providing a substrate(100) and forming a drain(50) in the substrate(100); forming a top dielectric layer(240) on the substrate(100) and forming an opening(CH1 in Fig 9B) along the top dielectric layer(240) to expose the drain(50); conformally forming a sacrificial layer(303) in the opening(CH1 in Fig 9B); performing a first etching process[0072] to partially remove the sacrificial layer(303), resulting in a sacrificial segment(303a) on a sidewall of the opening(CH1 in Fig 9B) and exposing the drain(50); forming a cell contact bottom conductive layer(254/252) on the drain(50) and surrounded by the sacrificial segment(303a); performing a removal process to remove the sacrificial segment(303a)[0085] and form a space surrounding the cell contact bottom conductive layer(254/252); forming a cell contact top sealing layer(276a) on the cell contact bottom conductive layer(254/252) to seal the space, resulting in a first air gap(AG)[0086] surrounding the cell contact bottom conductive layer(254/252); and forming a cell contact top conductive layer(276b) on the cell contact bottom conductive layer(254/252) and surrounded by the cell contact top sealing layer(276a); wherein the cell contact bottom conductive layer(254/252), the cell contact top conductive layer(276b), and the cell contact top sealing layer(276a) configure a cell contact structure. Kim does not disclose performing a first punch etching process[0072]; wherein at least a portion of the drain is exposed from the first air gap; wherein the first air gap is sealed by the top dielectric layer, the cell contact bottom conductive layer, and the cell contact top sealing layer. Huang disclose performing a first punch etching process[0089] It would have been obvious to one of ordinary skill in the art before the effective filling date of the invention to apply the teachings of Huang to the teachings of Kim in order to have improved quality, yield, performance, and reliability and reduced complexity [0002, Huang]. Kim and Huang does not disclose wherein at least a portion of the drain is exposed from the first air gap; wherein the first air gap is sealed by the top dielectric layer, the cell contact bottom conductive layer, and the cell contact top sealing layer. Kwon disclose in Fig 4I wherein at least a portion of the drain(33/40) is exposed from the first air gap(39/50L); wherein the first air gap is sealed by the top dielectric layer(34B/36B/42/43)[0091,0092], the cell contact bottom conductive layer(17/28A/28B/25/49), and the cell contact top sealing layer(34B/36B/42/43)[0091,0092]. It would have been obvious to one of ordinary skill in the art before the effective filling date of the invention to apply the teachings of Kwon to the teachings of Kim in order to have improved reduced parasitic capacitance [0004, Kwon]. A punch etching or a etch-back process for a etching process would have been obvious because a particular known technique was recognized as part of the ordinary capabilities of one skilled in the art. KSR, see MPEP 2143. Re claim 2 Kim, Huang and Kwon disclose the method for fabricating the semiconductor device of claim 1, wherein the removal process may comprise a vapor etchingprocess. Re claim 3 Kim, Huang and Kwon disclose the method for fabricating the semiconductor device of claim 2, wherein the top dielectric layer(240) comprises undoped oxide. Re claim 4 Kim, Huang and Kwon disclose the method for fabricating the semiconductor device of claim 3, wherein the sacrificial segment(303a) comprises doped oxide. Re claim 5 Kim, Huang and Kwon disclose the method for fabricating the semiconductor device of claim 4, wherein the vapor etching process[0072] comprises employing vapor hydrogen fluoride to remove the sacrificial segment(303a)[0085]. Re claim 6 Kim, Huang and Kwon disclose the method for fabricating the semiconductor device of claim 5, wherein the cell contact bottom conductive layer(254/252) comprises polycrystalline silicon, polycrystalline germanium, polycrystalline silicon germanium, doped polycrystalline silicon[0060], doped polycrystalline germanium, doped polycrystalline silicon germanium, or a combination thereof. Re claim 7 Kim, Huang and Kwon disclose the method for fabricating the semiconductor device of claim 6, wherein the cell contact top conductive layer(276b) comprises tungsten, cobalt[0030], zirconium, tantalum, titanium, aluminum, ruthenium, copper, metal carbides, metal nitrides, transition metal aluminides, or a combination thereof. Re claim 8 Kim, Huang and Kwon disclose the method for fabricating the semiconductor device of claim 7, wherein the cell contact top sealing layer(276a) comprises silicon oxide[0061] or silicon nitride. Re claim 9 Kim, Huang and Kwon disclose the method for fabricating the semiconductor device of claim 8, wherein the first air gap(AG) comprises a ring-shaped cross-sectional profile in a top-view perspective(see Fig 1). Re claim 10 Kim, Huang and Kwon disclose the method for fabricating the semiconductor device ofclaim 9, wherein the cell contact top sealing layer(276a) comprises a ring-shaped cross-sectional profile in a top-view perspective(see Fig 1). Response to Arguments Applicant’s arguments with respect to claim(s) 1-10 have been considered but are moot because the arguments do not apply to any of the references being used in the current rejection. Conclusion Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to PATRICIA D VALENZUELA whose telephone number is (571)272-9242. The examiner can normally be reached Monday-Friday 10am-6pm EST. 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, William Partridge can be reached at 571-270-1402. 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. /PATRICIA D VALENZUELA/Primary Examiner, Art Unit 2812
Read full office action

Prosecution Timeline

Oct 20, 2023
Application Filed
Mar 25, 2026
Non-Final Rejection mailed — §103
Apr 20, 2026
Response Filed
Jun 10, 2026
Final Rejection mailed — §103 (current)

Precedent Cases

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
90%
Grant Probability
92%
With Interview (+2.1%)
2y 2m (~0m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 717 resolved cases by this examiner. Grant probability derived from career allowance rate.

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