Prosecution Insights
Last updated: October 01, 2026
Application No. 18/394,775

BONDING STRUCTURE FOR A HYBRID WAFER BONDING, SEMICONDUCTOR DEVICE INCLUDING THE BONDING STRUCTURE AND METHOD OF MANUFACTURING THE SEMICONDUCTOR DEVICE

Non-Final OA §112
Filed
Dec 22, 2023
Priority
Jun 07, 2023 — RE 10-2023-0073129
Examiner
WHALEN, DANIEL B
Art Unit
2893
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
SK hynix Inc.
OA Round
3 (Non-Final)
80%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
96%
With Interview

Examiner Intelligence

Grants 80% — above average
80%
Career Allowance Rate
823 granted / 1026 resolved
+12.2% vs TC avg
Strong +16% interview lift
Without
With
+15.9%
Interview Lift
resolved cases with interview
Typical timeline
2y 4m
Avg Prosecution
49 currently pending
Career history
1065
Total Applications
across all art units

Statute-Specific Performance

§101
0.9%
-39.1% vs TC avg
§103
45.5%
+5.5% vs TC avg
§102
30.3%
-9.7% vs TC avg
§112
17.6%
-22.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1026 resolved cases

Office Action

§112
DETAILED ACTION Continued Examination Under 37 CFR 1.114 A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 08/11/2026 has been entered. Claim Objections Claims 11-12, 14, and 19 are objected to because of the following informalities: Regarding claim 11, “the second dielectric layer the fourth dielectric layer” at the end of claim 11 should be changed to “the second dielectric layer and the fourth dielectric layer”. Regarding claim 12, “IS VOLUME SUPPOSED TO BE AREA? HOW CAN A VOLUME RATIO INCLUDE ONLY ONE OBJECT? IS THIS CLAIM SUPPORTED IN THE SPEC?” should be deleted. Regarding claim 14, “silicon carbon nitride layer” in line 3 should be changed to “a silicon carbon nitride layer”. Regarding claim 19, “The method of claim 17” should be changed to “The method of claim 15” since claim 17 is cancelled. Appropriate correction is required. Claim Rejections - 35 USC § 112(a) The following is a quotation of the first paragraph of 35 U.S.C. 112(a): (a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention. The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112: The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention. Claims 3, 13, 16, and 19 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Regarding claim 3, the limitation “wherein a total thickness of the first vertical expansion inducing layer and the second vertical expansion inducing layer corresponds to 40% to 90% of a thickness of the bonding insulation layer” for a bonding structure 100d as shown, for example, in Fig. 3D would raise a new matter issue since the limitation was not described in the specification of the instant application. It rather appears that the specification discloses “A volume ratio of the first silicon nitride layers 113a-1 and 113a-2 and the first silicon carbon nitride layer 113b with respect to a total volume of the first multi-layered dielectric layer 110d may be about 40% to about 90%” (See Fig. 3D and paragraph 73 with “volume” considered as thickness as described in paragraph 60 disclosing “In this embodiment, “volume” may be interpreted as a term including thickness”). Regarding claims 13, 16, and 19, claim 13 reciting “wherein a total thickness of the first dielectric layer and the second dielectric layer is about 40% to about 90% of a total thickness of the bonding insulation layer” and claim 16 reciting “wherein the first upper expansion inducing layer is formed having a first thickness corresponding to about 40% to about 90% of a thickness of the first bonding insulation layer” and claim 19 reciting “wherein the second upper vertical expansion inducing layer and the second lower expansion inducing layer are formed having a thickness corresponding to about 40% to about 90% of a thickness of the second bonding insulation layer” are also rejected with the similar reason for rejecting claim 3 as discussed above. Claim Rejections - 35 USC § 112(b) The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. Claims 6, 8-10, and 19 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Regarding claim 6, the limitation “the bonding insulation layer including an upper dielectric layer adjacent to a bonding surface between the first bonding layer and the second bonding layer, a first dielectric layer stacked on the upper dielectric layer, a second dielectric layer stacked on the first dielectric layer, a third dielectric layer stacked on the second dielectric layer, and a lower dielectric layer stacked on the third dielectric layer” would render the claim indefinite since it is unclear how “stacked on” is considered in this limitation. Particularly, the specification of the instant application and the claims are referring that “stacked on” is directed to disposed/formed over (See Fig. 8E and paragraph 128 disclosing “the second bonding structure BDS2 may be stacked on the first bonding structure BDS1” and see claim 15 reciting “forming a first buffer layer including a silicon oxide layer on the first lower expansion including layer”). However, on the contrary, the limitation of claim 6 alone appears to be referring that “stacked on” is directed to disposed/formed under (for example, “a silicon oxide layer 211 is disposed under a silicon carbon nitride layer 213b” in fig. 6D and paragraph 92) [underlying for clarity]. Accordingly, it is unclear to one of ordinary skill in the art to determine the metes and bounds of the claimed limitation in claim 6. Claims 8-10, which depend from claim 6, are also rejected by virtue of their dependencies. Claim 9 recites "the third dielectric material". There is insufficient antecedent basis for this limitation in the claim. Furthermore, the limitation “third dielectric material comprises at least one of a silicon nitride layer and a silicon carbon nitride layer” appears to be conflicting with the limitation “the third dielectric layer include a silicon oxide layer” in claim 6, which claim 9 depends therefrom if “the third dielectric material” in claim 9 is considered as the third dielectric layer. Claim 10 recites "the upper region of the bonding insulation layer" and “the middle region of the bonding insulation layer”. There is insufficient antecedent basis for this limitation in the claim. Claim 19 recites "the second upper expansion including layer and the second lower expansion inducing layer”. There is insufficient antecedent basis for this limitation in the claim. Allowable Subject Matter Claims 1-2, 4-5, 11-12, and 14-15 are allowable over cited prior arts. The following is a statement of reasons for the indication of allowable subject matter: The prior art of record, alone or in combination, and to the examiner’s knowledge does not teach, disclose, suggest, or render obvious, at least to the skilled artisan, the instant invention regarding a bonding structure in claim 1, particularly in combination with the limitation that the bonding insulation layer includes: a first vertical expansion inducing layer positioned at a bonding surface; a first silicon oxide layer disposed under the first vertical expansion inducing layer; a second vertical expansion inducing layer disposed under the first silicon oxide layer; a second silicon oxide layer disposed under the second vertical expansion inducing layer; and a third vertical expansion inducing layer disposed under the second silicon oxide layer; wherein the first vertical expansion inducing layer, the second vertical expansion inducing layer, and the third vertical expansion inducing layer comprises a silicon material and a nitrogen material. The limitation is shown, for example, in Figs. 3D, 6D, 8E, and related text in the instant application. Park et al. (US 2021/0057371 A1) and Liu et al. (US 2016/0358882 A1), considered as the closest prior arts of record, substantially teach the hybrid bonding structure (See, for example, the Office Action dated 06/11/2026), except the amended limitation discussed above in combination. Claims 2 and 4-5, which depend from claim 1, are also allowable by virtue of their dependencies. Claims 11-12 and 14 are claimed objected as discussed above but would be allowable if rewritten to correct the claim objections. Claim 15 is allowable with the similar reason for allowing claim 1 as discussed above. Response to Arguments Applicants’ arguments with respect to amended claims have been considered but are moot in view of new grounds of rejections as set forth above in this Office Action. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL B WHALEN whose telephone number is (571)270-3418. The examiner can normally be reached on M-F: 8AM-5PM. 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, Sue Purvis can be reached on (571)272-1236. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /DANIEL WHALEN/Primary Examiner, Art Unit 2893
Read full office action

Prosecution Timeline

Show 1 earlier event
Feb 25, 2026
Non-Final Rejection mailed — §112
May 24, 2026
Response Filed
Jun 11, 2026
Final Rejection mailed — §112
Jul 31, 2026
Examiner Interview Summary
Jul 31, 2026
Applicant Interview (Telephonic)
Aug 11, 2026
Request for Continued Examination
Aug 13, 2026
Response after Non-Final Action
Aug 25, 2026
Non-Final Rejection mailed — §112 (current)

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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
80%
Grant Probability
96%
With Interview (+15.9%)
2y 4m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 1026 resolved cases by this examiner. Grant probability derived from career allowance rate.

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