Prosecution Insights
Last updated: July 17, 2026
Application No. 18/397,398

REDUCTION OF METAL LOSS DURING GATE PATTERNING

Non-Final OA §102§103
Filed
Dec 27, 2023
Examiner
TRAN, TONY
Art Unit
2893
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Taiwan Semiconductor Manufacturing Company, Ltd.
OA Round
1 (Non-Final)
70%
Grant Probability
Favorable
1-2
OA Rounds
2m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 70% — above average
70%
Career Allowance Rate
608 granted / 863 resolved
+2.5% vs TC avg
Strong +34% interview lift
Without
With
+33.8%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
47 currently pending
Career history
922
Total Applications
across all art units

Statute-Specific Performance

§101
0.2%
-39.8% vs TC avg
§103
82.9%
+42.9% vs TC avg
§102
16.1%
-23.9% vs TC avg
§112
0.5%
-39.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 863 resolved cases

Office Action

§102 §103
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 . Election/Restrictions Applicant’s election without traverse of Group I, claims 1-18 in the reply filed on 06/02/2026 is acknowledged. 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. (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claim(s) 1-2, 7-8 and 21 is/are rejected under 35 U.S.C. 102(a)(1)/(2) as being anticipated by Chen (Pub. No.: US 2021/0336024). Re claim 1, Chen teaches a method comprising: forming a first structure (right 205/207, FIG. 14C) and a second structure (left 205/207) over a substrate; forming a material layer (209, FIG. 14C) over each structure; covering the first structure with a mask (270A, FIG. 15C), wherein the second structure is uncovered; and performing an etch process to remove the material layer (209 of FIG.15C) from the second structure, wherein the etch process is performed with an etchant comprising a first component and an oxidant hydrogen peroxide (H.sub.2O.sub.2), and wherein the first component is selected from an organic acid (acetic acid (CH3COOH), ¶ [0036]) having a molecular weight of from 14 to 104 g/mol) and an organic base having a molecular weight of from 20 to 104 g/mol (note that acetic acid molecular weight is 60.052 g/mol). Re claim 2, Chen teaches the method of claim 1, wherein each structure includes at least one nanosheet (205, FIG. 15C, [0026]), and wherein forming the material layer over each structure comprises depositing the material layer (209) around each nanosheet. Re claim 7, Chen teaches the method of claim 1, wherein the first component is an organic acid (acetic acid (CH3COOH) having a molecular weight of from 14 to 104 g/mol (60.052 g/mol) and having a functional group including a Group III element, Group IV element (C of COOH), Group V element, Group VI element (O of COOH), and/or Group VII element. Re claim 8, Chen teaches the method of claim 1, wherein the first component is an organic base (acetic acid) having a molecular weight of from 20 to 104 g/mol (60.052 g/mol) and having a functional group including a Group III element, Group IV element (C of COOH), Group V element, Group VI element (O of COOH), and/or Group VII element. Re claim 21, Chen teaches a method for manufacturing a semiconductor device, the method comprising: forming an n-channel metal-oxide-semiconductor (NMOS) region and a p-channel metal- oxide-semiconductor (PMOS) region [0015]; forming a first work function adjustment layer (209 of FIG. 14C) over the NMOS region and the PMOS region; forming a first mask over the NMOS region (270A), the PMOS region being uncovered by the first mask; removing the first work function adjustment layer from the PMOS region (left 209) with a first wet etchant while the first mask covers the NMOS region; removing the first mask from the NMOS region (FIG. 15D); forming a second work function adjustment layer (261) over the NMOS region and the PMOS region; forming a second mask over the PMOS region (270b), the NMOS region being uncovered by the second mask; and removing the second work function adjustment layer from the NMOS region with a second wet etchant (FIG. 16C) while the second mask covers the PMOS region. Claim(s) 1-2, 4-11, 14-17 and 21 is/are rejected under 35 U.S.C. 102(a)(1)/(2) as being anticipated by Chu (Pub. No.: US 2021/0257261). Re claim 1, Chu teaches a method comprising: forming a first structure (294c/204d, FIG. 6A) and a second structure (204a/204b) over a substrate; forming a material layer (234) over each structure; covering the first structure with a mask (236), wherein the second structure is uncovered; and performing an etch process to remove the material layer (234 of FIG. 7A) from the second structure, wherein the etch process is performed with an etchant comprising a first component and an oxidant, and wherein the first component is selected from an organic acid (acetic acid (CH3COOH), ¶ [0030]) having a molecular weight of from 14 to 104 g/mol and an organic base having a molecular weight of from 20 to 104 g/mol (note that acetic acid molecular weight is 60.052 g/mol). Re claim 2, Chu teaches the method of claim 1, wherein each structure includes at least one nanosheet (214, FIG. 6B, [0049], note that the gate spacers 214 has a height H6 ranging from about 5 nm to about 10 nm), and wherein forming the material layer over each structure comprises depositing the material layer (234) around each nanosheet. Re claim 4, Chu teaches the method of claim 1, wherein the first component is present in the etchant at a concentration of at least 0.001 wt. % (almost 100%). Re claim 5, Chu teaches the method of claim 1, wherein the oxidant is present in the etchant at a concentration of from 0.1 to 107 ppm (almost 100%). Re claim 6, Chu teaches the method of claim 1, wherein the etch process is performed at a temperature of from 10 to 70 °C (“a temperature between about 50° C. and about 60° C”, [0024]). Re claim 7, Chu teaches the method of claim 1, wherein the first component is an organic acid (acetic acid (CH3COOH) having a molecular weight of from 14 to 104 g/mol (60.052 g/mol) and having a functional group including a Group III element, Group IV element (C of COOH), Group V element, Group VI element (O of COOH), and/or Group VII element. Re claim 8, Chu teaches the method of claim 1, wherein the first component is an organic base (acetic acid) having a molecular weight of from 20 to 104 g/mol (60.052 g/mol) and having a functional group including a Group III element, Group IV element (C of COOH), Group V element, Group VI element (O of COOH), and/or Group VII element. Re claim 9, Chu teaches the method of claim 1, wherein after covering the first structure with the mask, the mask has a side wall, and wherein while performing the etch process the etchant penetrates the side wall of the mask to a dimension of less than 2 nm (236 remain the same from FIG. 6A to 9A). Re claim 21, Chu teaches a method for manufacturing a semiconductor device, the method comprising: forming an n-channel metal-oxide-semiconductor (NMOS) region (NFET, [0033]) and a p-channel metal- oxide-semiconductor (PMOS) region (PFET); forming a first work function adjustment layer (234, FIG. 6A) over the NMOS region and the PMOS region; forming a first mask over the NMOS region (236 of FIG. 6A), the PMOS region being uncovered by the first mask (FIG. 10A); removing the first work function adjustment layer from the PMOS region with a first wet etchant (acetic acid (CH3COOH), [0030]) while the first mask covers the NMOS region; removing the first mask from the NMOS region (236, FIG. 12A → 13A); forming a second work function (234’, FIG. 16A) adjustment layer over the NMOS region and the PMOS region; forming a second mask over the PMOS region (236’), the NMOS region being uncovered by the second mask (FIG. 20A); and removing the second work function adjustment layer from the NMOS region (FIG. 16A → 19A) with a second wet etchant [0043] while the second mask covers the PMOS region. 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) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chu in view of Cheng (Pub. No.: US 2026/0143765). Re claim 18, Chu teaches all the limitation of claim 10. Chu fails to teach the limitation of claim 18. Cheng teaches wherein the etchant comprises a first component and an oxidant, wherein the first component is selected from an organic acid and an organic base (acetic acid (CH3COOH), [0056]), and wherein the oxidant is hydrogen peroxide (hydrogen peroxide (H2O2)). It would have been obvious for a person of ordinary skill in the art before the effective filing date of the claim invention to include the above said teaching for the purpose of helping the nanowire stacks remain intact as taught by Cheng, [0057]. Claim(s) 3, 10-17 and 22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chu. Re claim 12/22, Chu differs from the invention by not showing wherein the work function adjustment layer is titanium, tungsten, vanadium, niobium, manganese, molybdenum, or aluminum (claim 12). wherein the first work function adjustment layer is an n-channel work function adjustment layer comprising titanium, tungsten, vanadium, niobium, manganese, molybdenum, or aluminum, and wherein the second work function adjustment layer is a p-channel work function adjustment layer comprising titanium nitride (claim 22) However, it would have been obvious to one having ordinary skill in the art at the time of the invention was made to include the above said teaching 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, 277 F.2d 197, 125 USPQ 416. Re claim 3/13, Chu differs from the claim invention by not disclosing wherein the material layer comprises a transition metal, and wherein the material layer is formed with a thickness of from 0.5 to 20 nm (claim 3). wherein the work function adjustment layer has a thickness of from 10 to 40 Å (claim 13). However, Applicant has not disclosed that the ranges are for particular unobvious purpose, produce an unexpected result, or are otherwise critical. Therefore, it would have been obvious to one having ordinary skill in the art at the time the invention was made to include the above said teaching, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955) (Claimed process which was performed at a temperature between 40°C and 80°C and an acid concentration between 25% and 70% was held to be prima facie obvious over a reference process which differed from the claims only in that the reference process was performed at a temperature of 100°C and an acid concentration of 10%.); see also Peterson, 315 F.3d at 1330, 65 USPQ2d at 1382 ("The normal desire of scientists or artisans to improve upon what is already generally known provides the motivation to determine where in a disclosed set of percentage ranges is the optimum combination of percentages."); In re Hoeschele, 406 F.2d 1403, 160 USPQ 809 (CCPA 1969) (Claimed elastomeric polyurethanes which fell within the broad scope of the references were held to be unpatentable thereover because, among other reasons, there was no evidence of the criticality of the claimed ranges of molecular weight or molar proportions.). For more recent cases applying this principle, see Merck & Co. Inc. v. Biocraft Laboratories Inc., 874 F.2d 804, 10 USPQ2d 1843 (Fed. Cir.), cert. denied, 493 U.S. 975 (1989); In re Kulling, 897 F.2d 1147, 14 USPQ2d 1056 (Fed. Cir. 1990); and In re Geisler, 116 F.3d 1465, 43 USPQ2d 1362 (Fed. Cir. 1997). Re claim 10, Chu teaches a method comprising: forming a first gate-all-around (GAA) FET structure (212a/212b of FIG. 6B) in a first transistor region (220b) including at least one nanosheet (214); forming a second gate-all-around (GAA) FET structure (212a/212b of FIG. 16B) in a second transistor region (220a) adjacent to the first transistor region including at least one nanosheet (214 of FIG. 6B),; forming a work function adjustment layer (234) over the first GAA FET structure and the second GAA FET structure; forming a mask (236) over the first GAA FET structure, wherein the second GAA FET structure is uncovered; and performing an etch process with an etchant to remove the work function adjustment layer from the second GAA FET structure (FIG. 6A → 10A), wherein the etchant penetrates the mask to a dimension of less than 5 nm (mask 236 stay the same). In re claim 10, Chu differs from the claim invention by not disclosing wherein the second GAA FET structure is located at a distance of less than 20 nm from the first GAA FET structure. However, Applicant has not disclosed that the ranges are for particular unobvious purpose, produce an unexpected result, or are otherwise critical. Therefore, it would have been obvious to one having ordinary skill in the art at the time the invention was made to include the above said teaching, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955) (Claimed process which was performed at a temperature between 40°C and 80°C and an acid concentration between 25% and 70% was held to be prima facie obvious over a reference process which differed from the claims only in that the reference process was performed at a temperature of 100°C and an acid concentration of 10%.); see also Peterson, 315 F.3d at 1330, 65 USPQ2d at 1382 ("The normal desire of scientists or artisans to improve upon what is already generally known provides the motivation to determine where in a disclosed set of percentage ranges is the optimum combination of percentages."); In re Hoeschele, 406 F.2d 1403, 160 USPQ 809 (CCPA 1969) (Claimed elastomeric polyurethanes which fell within the broad scope of the references were held to be unpatentable thereover because, among other reasons, there was no evidence of the criticality of the claimed ranges of molecular weight or molar proportions.). For more recent cases applying this principle, see Merck & Co. Inc. v. Biocraft Laboratories Inc., 874 F.2d 804, 10 USPQ2d 1843 (Fed. Cir.), cert. denied, 493 U.S. 975 (1989); In re Kulling, 897 F.2d 1147, 14 USPQ2d 1056 (Fed. Cir. 1990); and In re Geisler, 116 F.3d 1465, 43 USPQ2d 1362 (Fed. Cir. 1997). Re claim 11, Chu teaches the method of claim 10, wherein the etchant penetrates the mask to a dimension of less than 2 nm (mask 236 stay the same). Re claim 14, Chu teaches the method of claim 10, wherein the etchant comprises a first component, an oxidant (potassium hydroxide (KOH) solution [0030]), and water, and wherein the first component is an organic acid (and/or acetic acid (CH3COOH)) having a molecular weight of from 14 to 104 g/mol (60.052 g/mol) and having a functional group including a Group III element, Group IV element, Group V element, Group VI element, and/or Group VII element. Re claim 15, Chu teaches the method of claim 10, wherein the etchant comprises a first component, an oxidant (potassium hydroxide (KOH) solution [0030]), and water, and wherein the first component is an organic base (and/or acetic acid (CH3COOH)) having a molecular weight of from 20 to 104 g/mol (60.052 g/mol) and having a functional group including a Group III element, Group IV element, Group V element, Group VI element, and/or Group VII element. Re claim 16, Chu teaches the method of claim 10, wherein the etchant comprises a first component and an oxidant (potassium hydroxide (KOH) solution [0030]), wherein the first component is selected from an organic acid (and/or acetic acid (CH3COOH)) and an organic base, and wherein the first component is present in the etchant at a concentration of at least 0.001 wt. % (almost 100%). Re claim 17, Chu teaches the method of claim 10, wherein the etchant comprises a first component and an oxidant (potassium hydroxide (KOH) solution [0030]), wherein the first component is selected from an organic acid and an organic base (and/or acetic acid (CH3COOH)), and wherein the oxidant is present in the etchant at a concentration of from 0.1 to 107 ppm (almost 100%). Claim(s) 10 and 14-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chen. Re claim 10, Chen teaches a method comprising: forming a first gate-all-around (GAA) FET structure (right 205/207, FIG. 14C) in a first transistor region including at least one nanosheet (205); forming a second gate-all-around (GAA) FET structure (left 205/207) in a second transistor region adjacent to the first transistor region including at least one nanosheet; forming a work function adjustment layer (209) over the first GAA FET structure and the second GAA FET structure; forming a mask (270A) over the first GAA FET structure, wherein the second GAA FET structure is uncovered; and performing an etch process with an etchant to remove the work function adjustment layer (209) from the second GAA FET structure (left 205/207), wherein the etchant penetrates the mask to a dimension of less than 5 nm (mask 270A stay the same). In re claim 10, Chu differs from the claim invention by not disclosing wherein the second GAA FET structure is located at a distance of less than 20 nm from the first GAA FET structure. However, Applicant has not disclosed that the ranges are for particular unobvious purpose, produce an unexpected result, or are otherwise critical. Therefore, it would have been obvious to one having ordinary skill in the art at the time the invention was made to include the above said teaching, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955) (Claimed process which was performed at a temperature between 40°C and 80°C and an acid concentration between 25% and 70% was held to be prima facie obvious over a reference process which differed from the claims only in that the reference process was performed at a temperature of 100°C and an acid concentration of 10%.); see also Peterson, 315 F.3d at 1330, 65 USPQ2d at 1382 ("The normal desire of scientists or artisans to improve upon what is already generally known provides the motivation to determine where in a disclosed set of percentage ranges is the optimum combination of percentages."); In re Hoeschele, 406 F.2d 1403, 160 USPQ 809 (CCPA 1969) (Claimed elastomeric polyurethanes which fell within the broad scope of the references were held to be unpatentable thereover because, among other reasons, there was no evidence of the criticality of the claimed ranges of molecular weight or molar proportions.). For more recent cases applying this principle, see Merck & Co. Inc. v. Biocraft Laboratories Inc., 874 F.2d 804, 10 USPQ2d 1843 (Fed. Cir.), cert. denied, 493 U.S. 975 (1989); In re Kulling, 897 F.2d 1147, 14 USPQ2d 1056 (Fed. Cir. 1990); and In re Geisler, 116 F.3d 1465, 43 USPQ2d 1362 (Fed. Cir. 1997). Re claim 14, Chen teaches the method of claim 10, wherein the etchant comprises a first component, an oxidant (hydrogen peroxide, [0036]), and water, and wherein the first component is an organic acid (acetic acid (CH3COOH)) having a molecular weight of from 14 to 104 g/mol (60.052 g/mol) and having a functional group including a Group III element, Group IV element, Group V element, Group VI element, and/or Group VII element. Re claim 15, Chen teaches the method of claim 10, wherein the etchant comprises a first component, an oxidant (hydrogen peroxide), and water, and wherein the first component is an organic base (acetic acid (CH3COOH)) having a molecular weight of from 20 to 104 g/mol (60.052 g/mol) and having a functional group including a Group III element, Group IV element, Group V element, Group VI element, and/or Group VII element. Re claim 16, Chen teaches the method of claim 10, wherein the etchant comprises a first component and an oxidant, wherein the first component is selected from an organic acid and an organic base, and wherein the first component is present in the etchant at a concentration of at least 0.001 wt. % (almost 100%). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to TONY TRAN whose telephone number is (571)270-1749. The examiner can normally be reached Monday-Friday, 8AM-5PM, 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, Britt Hanley can be reached at 571-270-3042. 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. /TONY TRAN/Primary Examiner, Art Unit 2893
Read full office action

Prosecution Timeline

Dec 27, 2023
Application Filed
Jul 01, 2026
Non-Final Rejection mailed — §102, §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
70%
Grant Probability
99%
With Interview (+33.8%)
2y 9m (~2m remaining)
Median Time to Grant
Low
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