Prosecution Insights
Last updated: July 17, 2026
Application No. 18/427,206

DEVICE WITH OUTER CONDUCTIVE SPACER

Non-Final OA §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
1 (Non-Final)
79%
Grant Probability
Favorable
1-2
OA Rounds
0m
Est. Remaining
91%
With Interview

Examiner Intelligence

Grants 79% — above average
79%
Career Allowance Rate
739 granted / 931 resolved
+11.4% vs TC avg
Moderate +11% lift
Without
With
+11.2%
Interview Lift
resolved cases with interview
Typical timeline
2y 6m
Avg Prosecution
22 currently pending
Career history
957
Total Applications
across all art units

Statute-Specific Performance

§101
0.1%
-39.9% vs TC avg
§103
69.8%
+29.8% vs TC avg
§102
22.7%
-17.3% vs TC avg
§112
5.9%
-34.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 931 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 . Election/Restrictions The 5/20/2026 "Reply" elects without traverse and identifies claims 1-10, 12-17, 19, and 20 as being drawn to Species A. Accordingly, Examiner has withdrawn claims 11 and 18 from further consideration as being drawn to a non-elected invention. See, for example, 37 CFR § 1.142(b). The 4/7/2026 restriction requirement is proper, is maintained, and is hereby made final. 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, 12-15, and 19-20 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 12, in FIG. 2, Iucolano discloses a structure, comprising: a gate structure (57, paragraph [0044]); inner dielectric spacers (62, paragraph [0053]); outer conductive spacers (72, paragraph [0062]) surrounding the inner dielectric spacers; a gate metal (68, paragraph [0054]) connecting to the gate structure and surrounded by the inner dielectric spacers, the gate metal also being adjacent to the outer conductive spacers on an opposing side from the inner dielectric spacers. Regarding claim 13, in FIG. 2, Iucolano discloses an insulator material (69, paragraph [0059]) isolating the outer conductive spacers from the gate metal adjacent to the outer conductive spacers. Regarding claim 14, in FIG. 2, Iucolano discloses a passivation layer (58/66, paragraph [0047], [0049]) between the outer conductive spacers and the inner dielectric spacers. Regarding claim 15, in FIG. 2, Iucolano discloses that the outer conductive spacers comprise a first field plate on the passivation layer and the gate metal (68/70, paragraph [0061]) adjacent to the outer conductive spacers comprises a second field plate on the insulator material. Regarding claim 19, in FIG. 2, Iucolano 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) on the inner sidewall spacers; and forming outer conductive spacers (72) on the passivation layer and adjacent to sides of the gate structure. Allowable Subject Matter Claims 9-10 and 16-17 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. 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. 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 (current)

Precedent Cases

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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
79%
Grant Probability
91%
With Interview (+11.2%)
2y 6m (~0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 931 resolved cases by this examiner. Grant probability derived from career allowance rate.

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