Prosecution Insights
Last updated: April 19, 2026
Application No. 18/382,199

SEMICONDUCTOR DEVICE WITH AIR GAP AND METHOD FOR FABRICATING THE SAME

Non-Final OA §103
Filed
Oct 20, 2023
Examiner
VALENZUELA, PATRICIA D
Art Unit
2812
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Nanya Technology Corporation
OA Round
1 (Non-Final)
90%
Grant Probability
Favorable
1-2
OA Rounds
2y 4m
To Grant
92%
With Interview

Examiner Intelligence

Grants 90% — above average
90%
Career Allow Rate
645 granted / 715 resolved
+22.2% vs TC avg
Minimal +2% lift
Without
With
+2.1%
Interview Lift
resolved cases with interview
Typical timeline
2y 4m
Avg Prosecution
63 currently pending
Career history
778
Total Applications
across all art units

Statute-Specific Performance

§101
1.3%
-38.7% vs TC avg
§103
60.1%
+20.1% vs TC avg
§102
19.9%
-20.1% vs TC avg
§112
8.6%
-31.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 715 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). 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] 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]. 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 and Huang disclose the method for fabricating the semiconductor device of claim 1, wherein the removal process may comprise a vapor etchingprocess. Re claim 3 Kim and Huang disclose the method for fabricating the semiconductor device of claim 2, wherein the top dielectric layer(240) comprises undoped oxide. Re claim 4 Kim and Huang disclose the method for fabricating the semiconductor device of claim 3, wherein the sacrificial segment(303a) comprises doped oxide. Re claim 5 Kim and Huang 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 and Huang 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 and Huang 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 and Huang 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 and Huang 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 and Huang 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). Conclusion 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
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Prosecution Timeline

Oct 20, 2023
Application Filed
Mar 14, 2026
Non-Final Rejection — §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

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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
90%
Grant Probability
92%
With Interview (+2.1%)
2y 4m
Median Time to Grant
Low
PTA Risk
Based on 715 resolved cases by this examiner. Grant probability derived from career allow rate.

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