Prosecution Insights
Last updated: October 27, 2026
Application No. 18/427,206

DEVICE WITH OUTER CONDUCTIVE SPACER

Final Rejection §102
Filed
Jan 30, 2024
Examiner
WRIGHT, TUCKER J
Art Unit
2891
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Globalfoundries U S Inc.
OA Round
2 (Final)
79%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
90%
With Interview

Examiner Intelligence

Grants 79% — above average
79%
Career Allowance Rate
752 granted / 948 resolved
+11.3% vs TC avg
Moderate +11% lift
Without
With
+11.0%
Interview Lift
resolved cases with interview
Typical timeline
2y 6m
Avg Prosecution
22 currently pending
Career history
968
Total Applications
across all art units

Statute-Specific Performance

§101
0.3%
-39.7% vs TC avg
§103
46.9%
+6.9% vs TC avg
§102
33.4%
-6.6% vs TC avg
§112
16.8%
-23.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 948 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 Objections Claims 21-22 objected to because of the following informalities: “inner sidewall spacers” should be “inner spacers.” Appropriate correction is required. Claim Rejections - 35 USC § 102 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. 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)(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. Claims 1-8 and 19-23 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Iucolano (US Pub. No. 2024/0304713). Regarding claim 1, in FIG. 2, Iucolano discloses a structure comprising: a gate structure (57, paragraph [0044]); a gate metal (68, paragraph [0054]) connecting to the gate structure; inner spacers (62, paragraph [0053]) contacting and surrounding the gate metal; a passivation layer (58, paragraph [0047]) on the inner spacers; and outer conductive spacers (72, paragraph [0062]) on the passivation layer and adjacent to sides of the gate structure. Regarding claim 2, in FIG. 2, Iucolano discloses that the gate structure comprises p-GaN material. Regarding claim 3, in FIG. 2, Iucolano discloses that the inner spacers comprise dielectric material (SiN, paragraph [0053]). Regarding claim 4, in FIG. 2, Iucolano discloses that the passivation layer is a nitride material (paragraph [0048]) between the inner spacers and the outer conductive spacers. Regarding claim 5, in FIG. 2, Iucolano discloses that the outer conductive spacers surround the gate structure and the gate metal. Regarding claim 6, in FIG. 2, Iucolano discloses that the outer conductive spacers comprise a field plate connected to a source. Regarding claim 7, in FIG. 2, Iucolano discloses an additional gate metal (70, paragraph [0061]) adjacent to the outer conductive spacers on a drain side, the additional gate metal comprising a second field plate connecting to the source (paragraph [0063]). Regarding claim 8, in FIG. 2, Iucolano discloses metal material on the drain side (73, paragraph [0064]). Regarding claim 19, in FIG. 2, lucolano discloses that the gate metal connecting to the gate structure and the gate metal adjacent to the outer conductive spacers comprise a same metal material (paragraph [0061]). Regarding claim 20, in FIG. 2, Iucolano discloses a method comprising: forming a gate structure (57); forming a gate metal (68) connecting to the gate structure; forming inner spacers (62) contacting and surrounding the gate metal; forming a passivation layer (58) directly contacting the inner sidewall spacers; and forming outer conductive spacers (72) directly contacting the passivation layer and adjacent to sides of the gate structure. Regarding claim 21, in FIG. 2, Iucolano discloses that the passivation layer (58) directly contacts the inner sidewall spacers (interpreted as sidewall spacers 62) and the gate structure (57), and the outer conductive spacers (72) directly contact the passivation layer. Regarding claim 22, in FIG. 2, Iucolano discloses that the passivation layer and the outer conductive spacers surround the gate structure and the inner sidewall spacers (at least laterally). Regarding claim 23, in FIG. 2, Iucolano discloses a field plate (70, paragraph [0062]) and a second passivation layer (66, paragraph [0049]), the second passivation layer isolating the field plate from the outer conductive spacers on a drain side. Allowable Subject Matter Claims 9-10 and 24 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. Claims 12, 17, and 19 are allowed. The following is a statement of reasons for the indication of allowable subject matter: Regarding claims 12, 17, and 19, the prior art failed to disclose or reasonably suggest the claimed structure particularly characterized by an insulator material isolating the outer conductive spacers from the gate metal adjacent to the outer conductive spacers; and a passivation layer between the outer conductive spacers and the inner dielectric spacers, wherein the outer conductive spacers comprise a first field plate on the passivation layer and the gate metal adjacent to the outer conductive spacers comprises a second field plate on the insulator material, and the gate metal adjacent to the outer conductive spacers abuts the outer conductive sidewall spacers, with the insulator material between the gate metal and the outer conductive spacers. Response to Arguments Applicant's arguments filed 10/7/2026 have been fully considered but they are not persuasive. Applicant contends that “Iucolano does not teach outer conductive spacers 72 on the passivation layer 58 and adjacent to sides of the gate structure 57” and “source metal region 72 is not on the passivation layer 58. Instead, there are intervening layers, i.e., insulating layer 69 and form source opening 82, between the source metal region 72 and the passivation layer 58.” This argument is not persuasive. In Iucolano’s FIG. 2, element 72 directly contacts element 58, and is adjacent to sides of element 57. As such, Iucolano is commensurate with the scope of the claims. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. In FIG. 5, US Pub. No. 2021/0013331 discloses a structure having similar scope to that of at least claims 1, 12, and 20. 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 TUCKER J WRIGHT whose telephone number is (571)270-3234. The examiner can normally be reached 8:30am-5:00pm. 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. /TUCKER J WRIGHT/Primary Examiner, Art Unit 2891
Read full office action

Prosecution Timeline

Jan 30, 2024
Application Filed
Jul 08, 2026
Non-Final Rejection mailed — §102
Oct 07, 2026
Response Filed
Oct 16, 2026
Final Rejection mailed — §102 (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
79%
Grant Probability
90%
With Interview (+11.0%)
2y 6m (~0m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 948 resolved cases by this examiner. Grant probability derived from career allowance rate.

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