Prosecution Insights
Last updated: October 01, 2026
Application No. 18/402,035

CAPACITOR STRUCTURE AND METHODS OF FORMING THE SAME

Final Rejection §102
Filed
Jan 02, 2024
Priority
Aug 11, 2023 — provisional 63/532,234 +1 more
Examiner
ANYA, IGWE U
Art Unit
2891
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Taiwan Semiconductor Manufacturing Company, Ltd.
OA Round
2 (Final)
85%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
81%
With Interview

Examiner Intelligence

Grants 85% — above average
85%
Career Allowance Rate
817 granted / 961 resolved
+17.0% vs TC avg
Minimal -4% lift
Without
With
+-3.7%
Interview Lift
resolved cases with interview
Typical timeline
2y 6m
Avg Prosecution
26 currently pending
Career history
970
Total Applications
across all art units

Statute-Specific Performance

§101
1.4%
-38.6% vs TC avg
§103
51.1%
+11.1% vs TC avg
§102
36.6%
-3.4% vs TC avg
§112
6.9%
-33.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 961 resolved cases

Office Action

§102
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 § 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. Claims 1 – 13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Seliskar et al. (US 6,335,532). PNG media_image1.png 455 557 media_image1.png Greyscale (Claim 1) Seliskar et al. teach a capacitor structure, comprising: a first well region (30); a first semiconductor layer (80) disposed over the first well region; a second semiconductor layer (74) disposed on the first semiconductor layer; a dielectric layer (fig. 3 #50) disposed on the second semiconductor layer, wherein the dielectric layer (fig. 3 #50) has a top surface, a bottom surface, one or more protrusions extending towards the second semiconductor layer, and one or more openings (46) in the top surface; and a gate structure (60) disposed on the dielectric layer. (Claim 2) Seliskar et al. teach the capacitor structure, further comprising a second well region (22, 24) disposed in the first well region (30). (Claim 3) Seliskar et al. teach wherein the first well region (30) and the second well region (22, 24) comprise dopants of a same conductivity type (col. 8 lines 15 – 16). (Claim 4) Seliskar et al. teach wherein a dopant concentration of the second well region (22, 24) is substantially greater than a dopant concentration of the first well region (30, col 8 lines 15 – 16). (Claim 5) Seliskar et al. teach wherein the first semiconductor layer (80) comprises a species of a first conductivity type (P, col. 12 lines 24 – 32), and the first well region (30) comprises a dopant of a second conductivity type (N) opposite the first conductivity type (col, 18 lines 9 – 16). (Claim 6) Seliskar et al. teach wherein the first (80) and second semiconductor layers (74) comprise species of a same conductivity type (P, col. 12 lines 24 – 32). (Claim 7) Seliskar et al. teach wherein the first and second semiconductor layers are formed by an epitaxial growth process (col. 11 lines 29 – 32). (Claim 8) Seliskar et al. teach wherein the first semiconductor layer and the second semiconductor layer each has a serpentine profile (fig. 20). (Claim 9) Seliskar et al. teach a capacitor structure, comprising: a first well region (30); a semiconductor layer (80 P+, 70 P) disposed over the first well region, wherein the semiconductor layer has a gradient concentration of n-type or p-type species that decreases in a direction from a bottom surface of the semiconductor layer to a top surface of the semiconductor layer (col. 12 lines 24 – 34), and one or more openings (46) are formed in the top surface of the semiconductor layer; a dielectric layer (fig. 3 #50) disposed on the semiconductor layer and in the one or more openings (46); and a gate structure (60) disposed on the dielectric layer. (Claim 10) Seliskar et al. teach wherein the semiconductor layer (80/70) further comprises one or more protrusions extending towards the first well region. (Claim 11) Seliskar et al. teach wherein the bottom surface of the semiconductor layer (80/70) is substantially flat. (Claim 12) Seliskar et al. teach the capacitor structure, further comprising a second well region (22, 24) disposed in the first well region (30), wherein the first well region and the second well region comprise dopants of a same conductivity type. (Claim 13) Seliskar et al. teach wherein the semiconductor layer comprises a species of a first conductivity type (P, ) (col. 12 lines 24 – 34), and the first well region comprises dopants of a second conductivity type (N) opposite the first conductivity type. Allowable Subject Matter Claims 14 and 15 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. (Claim 14) the capacitor structure, further comprising a deep well region, wherein the deep well region comprises dopants of the first conductivity type. (Claim 15) the capacitor structure, further comprising a third well region surrounding the first well region, wherein the third well region comprises dopants of the first conductivity type. Claims 16 – 20 are allowable, because prior does not teach: (Claim 9) a semiconductor layer disposed over the first well region, wherein the semiconductor layer has a gradient concentration of n-type or p-type species that decreases in a direction from a bottom surface of the semiconductor layer to a top surface of the semiconductor layer. (Claim 16) forming a first well region between the first and second isolation regions; forming a second well region in the first well region; forming one or more openings in the second well region; recessing the second well region, wherein the one or more openings are extended into the recessed second well region; forming a first semiconductor layer on the second well region and in the one or more openings, wherein the first semiconductor layer is formed by an epitaxial growth process, and the first semiconductor layer has a serpentine profile. Response to Arguments Applicant's arguments filed on July 2, 2026 have been fully considered but they are not persuasive. Applicant argues: Claims 1 - 13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Seliskar et al. (US 6,335,532). Applicant respectfully traverses the rejection. Seliskar is directed to a field-effect transistor (FET), not to a capacitor structure. Specifically, Seliskar is titled "Subtractive oxidation method of fabricating a short-length and vertically-oriented channel, dual-gate, CMOS FET" and the entire disclosure of Seliskar is directed to a dual-gate CMOS FET having a plurality of narrow vertically- oriented silicon channel segments interdigitated with a dual-gate structure. Seliskar does not disclose, suggest, or contemplate a capacitor structure comprising a capacitor. Pending independent claims 1 and 9 are each expressly directed to "A capacitor structure comprising a capacitor". Withdrawal of the rejection is respectfully requested. Reply: A Metal-Oxide-Semiconductor capacitor consists of a metal conductor plate and a semiconductor plate separated by an insulating dielectric. Seliskar et al. teach using the structure as a capacitor and transistor by scaling the plate size to control the current capacities (col. 17 lines 40 – 65). Furthermore, instant application also teaches the claimed structure (fig. 11, paragraph 28, reproduced below) can be used as a capacitor and transistor. PNG media_image2.png 444 472 media_image2.png Greyscale [0028] The gate structure 132 is formed by a gate-first process or a gate-last process. The gate structure 132 is also formed in the active device regions to function as a gate of a transistor. The gate electrode layer of the gate structure 132 formed in the passive device region functions as the top electrode of the MOS capacitor, while the first and second semiconductor layers 124, 126 function as the bottom electrode of the MOS capacitor. The dielectric layer 130 (and the gate dielectric layer in some embodiments) functions as the insulator of the MOS capacitor. 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. Prior art made of record and not relied upon, considered pertinent to applicant's disclosure are listed in PTO – 892 Form. Contact Information Any inquiry concerning this communication or earlier communications from the examiner should be directed to IGWE U ANYA whose telephone number is (571)272-1887. The examiner can normally be reached 8:00 AM - 6:00 PM. 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, Matthew Landau can be reached at (571) 272- 1731. 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. /IGWE U ANYA/Primary Examiner, Art Unit 2891 March 21, 2026
Read full office action

Prosecution Timeline

Jan 02, 2024
Application Filed
Mar 31, 2026
Non-Final Rejection mailed — §102
Jul 02, 2026
Response Filed
Sep 22, 2026
Final Rejection mailed — §102 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12745411
SEMICONDUCTOR DEVICE
3y 0m to grant Granted Sep 22, 2026
Patent 12740076
INTEGRATED CIRCUIT DEVICE
3y 0m to grant Granted Sep 15, 2026
Patent 12740391
CONTACT STRUCTURE, SEMICONDUCTOR DEVICE WITH THE SAME, AND METHOD FOR FABRICATING THE SAME
2y 5m to grant Granted Sep 15, 2026
Patent 12733206
VERTICAL SHIELDED GATE ACCUMULATION FIELD EFFECT TRANSISTOR
3y 6m to grant Granted Sep 08, 2026
Patent 12733417
METHOD OF MANUFACTURING SEMICONDUCTOR DEVICE
2y 7m to grant Granted Sep 08, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

Strategy Recommendation AI-generated — please review before filing

Get a prosecution strategy drawn from examiner precedents, rejection analysis, and claim mapping.
Typically takes 5-10 seconds — AI-generated, attorney review required before filing

Prosecution Projections

3-4
Expected OA Rounds
85%
Grant Probability
81%
With Interview (-3.7%)
2y 6m (~0m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 961 resolved cases by this examiner. Grant probability derived from career allowance rate.

Sign in with your work email

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

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month