Prosecution Insights
Last updated: July 17, 2026
Application No. 18/434,553

DEVICE OF DIELECTRIC LAYER

Non-Final OA §102§103
Filed
Feb 06, 2024
Priority
Sep 29, 2017 — provisional 62/565,696 +2 more
Examiner
DINKE, BITEW A
Art Unit
2812
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Taiwan Semiconductor Manufacturing Company, Ltd.
OA Round
1 (Non-Final)
73%
Grant Probability
Favorable
1-2
OA Rounds
0m
Est. Remaining
85%
With Interview

Examiner Intelligence

Grants 73% — above average
73%
Career Allowance Rate
561 granted / 771 resolved
+4.8% vs TC avg
Moderate +12% lift
Without
With
+11.9%
Interview Lift
resolved cases with interview
Typical timeline
2y 3m
Avg Prosecution
43 currently pending
Career history
810
Total Applications
across all art units

Statute-Specific Performance

§101
0.3%
-39.7% vs TC avg
§103
91.7%
+51.7% vs TC avg
§102
3.1%
-36.9% vs TC avg
§112
1.6%
-38.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 771 resolved cases

Office Action

§102 §103
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. Claim(s) 9-11, 13-16, and 18-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Fukada et al. (JP 2002-270689 A, hereinafter refer to Fukada). JP 2002-270689 A (hereinafter refer to Fukada) is relied upon solely for the English language translation of JP 2002-270689 A. Regarding claim 9: Fukada discloses a device (see Fukada, Fig.1 as shown below and abstract) comprising: PNG media_image1.png 395 353 media_image1.png Greyscale a first conductor (5/6) (see Fukada, Fig.1 as shown above); a first nitride layer (7a) over the first conductor (5/6) (see Fukada, Fig.1 as shown above); a first oxide layer (7b) on and in contact with the first nitride layer (7a) (see Fukada, Fig.1 as shown above); a second nitride layer (7c) on and in contact with the first oxide layer (7b) (see Fukada, Fig.1 as shown above); a second oxide layer (7d) on and in contact with the second nitride layer (7c) (see Fukada, Fig.1 as shown above); a dielectric layer (8/*/10) over the second oxide layer (7d) (see Fukada, Fig.1 as shown above); and a second conductor (12/14) in the dielectric layer (8/9/10) and electrically connected to the first conductor (5/6), wherein the second conductor (12/14) has opposite sidewalls in contact with inner sidewalls of the first nitride layer (7a), the first oxide layer (7b), the second nitride layer (7c) and the second oxide layer (7d) (see Fukada, Fig.1 as shown above). Regarding claim 10: Fukada discloses a device as set forth in claim 9 as above. Fukada further teaches wherein the opposite sidewalls of the second conductor (12/14) are in contact with inner sidewalls of the dielectric layer (8/9/10) (see Fukada, Fig.1 as shown above). Regarding claim 11: Fukada discloses a device as set forth in claim 9 as above. Fukada further teaches wherein top ends of opposite sidewalls of the dielectric layer (8/9/10) are at different heights (see Fukada, Fig.1 as shown above). Regarding claim 13: Fukada discloses a device as set forth in claim 9 as above. Fukada further teaches wherein the dielectric layer (8/9/10) is directly over the second oxide layer (7d) (see Fukada, Fig.1 as shown above). Regarding claim 14: Fukada discloses a device as set forth in claim 13 as above. Fukada further teaches wherein the dielectric layer (9) is a nitride layer (see Fukada, Fig.1 as shown above). Regarding claim 15: Fukada discloses a device (see Fukada, Fig.1 as shown above and abstract)) comprising: a first dielectric layer (2) (see Fukada, Fig.1 as shown above); a first conductor (5/6) in the first dielectric layer (2) (see Fukada, Fig.1 as shown above); a multilayer dielectric stack (7) over the first conductor (5/6) and having a plurality of oxide layers (7b/7d) and nitride layers (7a/7c/7e) arranged alternately (see Fukada, Fig.1 as shown above); a second dielectric layer (8/9/10) over the multilayer dielectric stack (7), wherein the second dielectric layer (8/9/10) has a material different from a topmost layer of the multilayer dielectric stack; (7) (see Fukada, Fig.1 as shown above) and a second conductor (12/14) extending through the second dielectric layer (8/9/10) and the multilayer dielectric stack (7) to the first conductor (5/6) (see Fukada, Fig.1 as shown above). Regarding claim 16: Fukada discloses a device as set forth in claim 15 as above. Fukada further teaches wherein the multilayer dielectric stack (7) overlaps an interface between the first dielectric layer (2) and the first conductor (5/6) (see Fukada, Fig.1 as shown above). Regarding claim 18: Fukada discloses a device as set forth in claim 15 as above. Fukada further teaches wherein the second conductor (12/14) has opposite sidewalls in contact with inner sidewalls of the oxide layers (7b/7d) and the nitride layers (7a/4c/7e) of the multilayer dielectric stack (7) (see Fukada, Fig.1 as shown above). Regarding claim 19: Fukada discloses a device as set forth in claim 18 as above. Fukada further teaches wherein the opposite sidewalls of the second conductor (12/14) are in contact with inner sidewalls of the second dielectric layer (8/9/10) (see Fukada, Fig.1 as shown above). Regarding claim 20: Fukada discloses a device as set forth in claim 15 as above. Fukada further teaches wherein the topmost layer (7e) and a bottommost (7a) layer of the multilayer dielectric stack (7) have the same material (see Fukada, Fig.1 as shown above). 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. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. Claim(s) 1-8 are rejected under 35 U.S.C. 103 as being unpatentable over Bonilla et al. (U.S. 2008/0122103 A1, hereinafter refer to Bonilla) in view of Nguyen et al. (U.S. 2016/0314965 A1, hereinafter refer to Nguyen). Regarding Claim 1: Bonilla discloses a device (see Bonilla, Fig.8I as shown below and ¶ [0001]) comprising: PNG media_image2.png 523 728 media_image2.png Greyscale a first dielectric layer (12) (see Bonilla, Fig.8I as shown above and ¶ [0060]); a first conductor (14/16) in the first dielectric layer (12) (see Bonilla, Fig.8I as shown above and ¶ [0060]); an etch stop layer (20I) over the first dielectric layer (12), wherein the etch stop layer (20I) has a first surface facing the first dielectric layer (12) and a second surface facing away from the first dielectric layer (12) (see Bonilla, Fig.8I as shown above and ¶ [0073]); a second dielectric layer (15) over the etch stop layer (20I) (see Bonilla, Fig.8I as shown above and ¶ [0060]); and a second conductor (18/24) in the second dielectric layer (15) and etch stop layer (20I) and electrically connected to the first conductor (14/16) (see Bonilla, Fig.8I as shown above). Bonilla teaches a concentration of carbon in the etch stop layer from the first surface to the second surface is between about 5 and about 50, more preferably from about 15 to about 40, atomic percent (see Bonilla, Fig.8I as shown above and ¶ [0062]- ¶ [0063]); however, Bonilla is silent upon explicitly disclosing wherein a concentration of carbon in the etch stop layer periodically varies from the first surface to the second surface. For support see Nguyen, which teaches wherein a concentration of carbon in the etch stop layer periodically varies from the first surface to the second surface (note: the concentration of carbon in the etch stop layer periodically varies from the first surface (SiCNO) to the second surface (SiN or SiNO or SiCO)) (note: Nguyen teaches a method of achieving a desired C, N and/or O composition profile for the given film; hence, ordinary skill in the art capable of determining the concentration of carbon in the etch stop layer by utilizing the Nguyen’s method) (see Nguyen, Fig.3 as shown below, ¶ [0001], ¶ [0040], and ¶ [0045]- ¶ [0051]). PNG media_image3.png 219 315 media_image3.png Greyscale Thus, it would have been obvious to one of ordinary skill in the art before effective filing date of the claimed invention to combine the teachings of Bonilla and Nguyen to enable the Bonilla etch stop layer (multilayer dielectric structure) to have the concentration of carbon to periodically varies from the first surface to the second surface as taught by Nguyen in order to obtain the multilayer dielectric structure that realized enhanced oxidation barrier properties, reduction in pinholes; lower compressive stress, increases breakdown voltage; reduce leakage current; and reduce dielectric chamfering due to enhanced etch selectivity/etch stop resistance of the multilayer dielectric structure. Regarding Claim 2: Bonilla as modified teaches a device as set forth in claim 1 as above. The combination of Bonilla and Nguyen further teaches wherein a concentration of oxygen in the etch stop layer periodically varies from the first surface to the second surface (note: Nguyen teaches a method of achieving a desired C, N and/or O composition profile for the given film; hence, ordinary skill in the art capable of determining the concentration of carbon in the etch stop layer by utilizing the Nguyen’s method) (see Nguyen, Fig.3 as shown above, ¶ [0001], ¶ [0040], and ¶ [0045]- ¶ [0051]). Regarding Claim 3: Bonilla as modified teaches a device as set forth in claim 1 as above. The combination of Bonilla and Nguyen further teaches wherein a concentration of nitrogen in the etch stop layer periodically varies from the first surface to the second surface (note: Nguyen teaches a method of achieving a desired C, N and/or O composition profile for the given film; hence, ordinary skill in the art capable of determining the concentration of carbon in the etch stop layer by utilizing the Nguyen’s method) (see Nguyen, Fig.3 as shown above, ¶ [0001], ¶ [0040], and ¶ [0045]- ¶ [0051]). Regarding Claim 4: Bonilla as modified teaches a device as set forth in claim 1 as above. The combination of Bonilla and Nguyen further teaches wherein the etch stop layer comprises Si—C—Si and Si—Si (note: SiN or SiNO or SiCO and SiCNO are a silicon based materials and necessarily have the recited bonding in silicon chemistry) (note: the discovery of a previously unappreciated property of a silicon based etch stop layer composition, or of a scientific explanation for the silicon based etch stop layer composition, does not render the old composition patentably new to the discoverer) (see Nguyen, Fig.3 as shown above). Regarding Claim 5: Bonilla as modified teaches a device as set forth in claim 1 as above. The combination of Bonilla and Nguyen further teaches wherein the etch stop layer further comprises Si—C—O (note: SiN or SiNO or SiCO and SiCNO are a silicon based materials and necessarily have the recited bonding in silicon chemistry) (note: the discovery of a previously unappreciated property of a silicon based etch stop layer composition, or of a scientific explanation for the silicon based etch stop layer composition, does not render the old composition patentably new to the discoverer) (see Nguyen, Fig.3 as shown above). Regarding Claim 6: Bonilla as modified teaches a device as set forth in claim 1 as above. The combination of Bonilla and Nguyen further teaches wherein the etch stop layer further comprises Si—C—N (note: SiN or SiNO or SiCO and SiCNO are a silicon based materials and necessarily have the recited bonding in silicon chemistry) (note: the discovery of a previously unappreciated property of a silicon based etch stop layer composition, or of a scientific explanation for the silicon based etch stop layer composition, does not render the old composition patentably new to the discoverer) (see Nguyen, Fig.3 as shown above). Regarding Claim 7: Bonilla as modified teaches a device as set forth in claim 1 as above. The combination of Bonilla and Nguyen further teaches wherein the concentration of carbon in the etch stop layer increases from the first surface to an intermediate position within the etch stop layer and then decreases from the intermediate position to the second surface of the etch stop layer (note: concentration of carbon in SiCNO layer is higher than concentration of carbon in SiN or SiNO layer) (note: Nguyen teaches a method of achieving a desired C, N and/or O composition profile for the given film; hence, ordinary skill in the art capable of determining the concentration of carbon in the etch stop layer by utilizing the Nguyen’s method) (see Nguyen, Fig.3 as shown above, ¶ [0001], ¶ [0040], and ¶ [0045]- ¶ [0051]). Regarding Claim 8: Bonilla as modified teaches a device as set forth in claim 7 as above. The combination of Bonilla and Nguyen further teaches wherein a concentration of nitrogen in the etch stop layer increases while the concentration of carbon decreases (note: concentration of nitrogen in SiCNO layer is lower than concentration of nitrogen in SiN or SiNO layer) (note: Nguyen teaches a method of achieving a desired C, N and/or O composition profile for the given film; hence, ordinary skill in the art capable of determining the concentration of carbon in the etch stop layer by utilizing the Nguyen’s method) (see Nguyen, Fig.3 as shown above, ¶ [0001], ¶ [0040], and ¶ [0045]- ¶ [0051]). Claim(s) 12 is rejected under 35 U.S.C. 103 as being unpatentable over Fukada et al. (JP 2002-270689 A, hereinafter refer to Fukada) as applied to claim 9 above, and further in view of Nguyen et al. (U.S. 2016/0314965 A1, hereinafter refer to Nguyen). Regarding claim 12: Fukada as modified teaches a device as applied to claim 9 above. Fukada is silent upon explicitly disclosing wherein a third oxide layer directly between the first conductor and the first nitride layer. For support see Nguyen, which teaches wherein a third oxide layer (SiCNO) directly between the first conductor (94) and the first nitride layer (SiN) (Nguyen, Fig.3 as show above, Fig.9, ¶ [0001], ¶ [0040], ¶ [0045]- ¶ [0051], and ¶ [0056]). Thus, it would have been obvious to one of ordinary skill in the art before effective filing date of the claimed invention to combine the teachings of Fukada and Nguyen to enable the Fukada’s etch stop layer (multilayer dielectric structure) to have third oxide layer directly between the first conductor and the first nitride layer as taught by Nguyen in order to obtain the multilayer dielectric structure that realized enhanced oxidation barrier properties, reduction in pinholes; lower compressive stress, increases breakdown voltage; reduce leakage current; and reduce dielectric chamfering due to enhanced etch selectivity/etch stop resistance of the multilayer dielectric structure. Claim(s) 17 is rejected under 35 U.S.C. 103 as being unpatentable over Fukada et al. (JP 2002-270689 A, hereinafter refer to Fukada) as applied to claim 15 above, and further in view of Burrell et al. (U.S. 2004/0058520 A1, hereinafter refer to Burrell). Regarding claim 17: Fukada as modified teaches a device as applied to claim 15 above. Fukada further teaches wherein a third conductor (5/6) in the first dielectric layer (2) (see Fukada, Fig.1 as shown above). Fukada is silent upon explicitly disclosing wherein the second conductor extends over the second dielectric layer to the third conductor. For support see Burrell, which teaches wherein the second conductor (234/236) extends over the second dielectric layer (432’) to the third conductor (426 or 425) (see Burrell, Fig.7 as shown below and ¶ [0001]). PNG media_image4.png 419 679 media_image4.png Greyscale Thus, it would have been obvious to one of ordinary skill in the art before effective filing date of the claimed invention to combine the teachings of Fukada and Burrell to enable the Fukada’s second conductor to extend over the second dielectric layer to the third conductor as taught by Burrell in order to provide mechanical support for contact pads of integrated circuits and electrically connect the first conductor and third conductor to each other. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to BITEW A DINKE whose telephone number is (571)272-0534. The examiner can normally be reached M-F 7 a.m. - 5 p.m.. 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, Davienne Monbleau can be reached at (571)272-1945. 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. /BITEW A DINKE/Primary Examiner, Art Unit 2812
Read full office action

Prosecution Timeline

Feb 06, 2024
Application Filed
May 13, 2026
Non-Final Rejection mailed — §102, §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
73%
Grant Probability
85%
With Interview (+11.9%)
2y 3m (~0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 771 resolved cases by this examiner. Grant probability derived from career allowance rate.

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