Prosecution Insights
Last updated: April 19, 2026
Application No. 18/446,437

METHOD FOR FABRICATING GATE-ALL-AROUND (GAA) STRUCTURE

Final Rejection §103
Filed
Aug 08, 2023
Examiner
TRAN, TIEN
Art Unit
2812
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Beijing Intellectual Property Operation Management Co. Ltd.
OA Round
2 (Final)
92%
Grant Probability
Favorable
3-4
OA Rounds
3y 1m
To Grant
99%
With Interview

Examiner Intelligence

Grants 92% — above average
92%
Career Allow Rate
12 granted / 13 resolved
+24.3% vs TC avg
Moderate +11% lift
Without
With
+11.1%
Interview Lift
resolved cases with interview
Typical timeline
3y 1m
Avg Prosecution
20 currently pending
Career history
33
Total Applications
across all art units

Statute-Specific Performance

§103
61.8%
+21.8% vs TC avg
§102
19.5%
-20.5% vs TC avg
§112
13.0%
-27.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 13 resolved cases

Office Action

§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 . DETAILED ACTION Priority Acknowledgment is made of applicant's claim for foreign priority based on an application filed in CHINA on 10/27/2022. It is noted, however, that applicant has not filed a certified copy of the CN202211323489.7 application as required by 37 CFR 1.55. Response to Argument/Amendment Applicant's amendments to the drawings and corresponding arguments, pages 8-11 of the remarks, filed 01/21/2026, (hereinafter “remarks”) with respect to the drawing objections have been fully considered. Accordingly, the objections have been withdrawn. Applicant's cancellation of claim 8, page 8 of the remarks, rendered the 35 U.S.C. 112(b) rejection and 35 U.S.C. 103 rejection of claim 8 moot. Accordingly, the rejections have been withdrawn. Application’s addition of new claims 10-11, page 15 of the remarks, is acknowledged. Applicant's amendments to claim 1 and corresponding arguments, pages 11-15 of the remarks, with respect to the 35 U.S.C. 103 rejection of claim 1 as unpatentable over US 20200075720 A1; Cheng et al.; (hereinafter “Cheng”) in view of US 20230395681 A1; Liu et al.; (hereinafter “Liu”), and further in view of US 20220384609 A1; Lin et al.; (hereinafter “Lin”), US 20190051744 A1; Coquand et al.; (hereinafter “Coquand”) and US 9502310 B1; Li et al.; (hereinafter "Li") have been fully considered and are not found persuasive. Applicant argues in pages 12-13 of the remarks that Cheng fails to teach the limitation “the SiGe layer and a SiGe superlattice in the SiGe/Si periodic superlattice laminate have the same germanium (Ge) content” of the original claim 1. Examiner agrees that applicant appears to be correct that Cheng does not explicitly teach the SiGe layer and the SiGe superlattice (sacrificial nanosheet #111-117) having a same Ge content even though they can both comprise SiGe material, see Non-final Office Action, filed 10/24/2025, hereinafter “Non-final”. However, examiner respectfully argues that Cheng in view of Liu provides a clear teaching of said limitation. As described in pages 6 and 9-10 of the Non-final, Cheng teaches a formation of an epitaxial growth SiGe layer on active regions, and Liu provides a motivation to modify Cheng with a similar epitaxial growth SiGe cladding layer on active regions that forms a SiGe-wrapped stacked structure. Liu further teaches that the cladding layer and the SiGe layer of the stacked structure comprise a same Ge concentration according to [0025]. (See details in 35 U.S.C. 103 rejection of amended claim 1 below) Applicant further argues in pages 14-15 of the remarks regarding the removal of source/drain layer of Cheng and that the prior arts of record fail to teach the limitation “removing the remaining SiGe layer such that the entire SiGe-wrapped stacked structure is removed…and removing the remaining SiGe laminate…”. However, examiner respectfully disagrees. As described in pages 6 and 9-10 of the Non-final, Cheng teaches a formation of an epitaxial growth SiGe layer on active regions such as epitaxial source/drain (S/D) but does not teach an epitaxial SiGe layer forming a SiGe-wrapped stacked structure, however, Cheng in view of Liu teaches to additionally include an epitaxial growth SiGe cladding layer on active regions that forms a SiGe-wrapped stacked structure, which is separate from S/D features ([0041] of Liu). Liu further teaches to remove the cladding layer in a subsequent process according to [0024]. (See details in 35 U.S.C. 103 rejection of amended claim 1 below) Claim Objections Claims are 10-11 objected to because of the following informalities: Claim 10, ln. 1-2: “after the step (L) and before the step (M)” should read “after the step (N) and before the step (P)” or “in step (O)”. Claim 11, ln. 5-6: “…and the substrate the entire SiGe/ Si periodic superlattice laminate cooperate…” should read “…and the substrate cooperate…” Appropriate correction is required. 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. 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. This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. Claims 1, 4-5, 7, 9 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over US 20200075720 A1; Cheng et al.; (hereinafter “Cheng”) in view of US 20230395681 A1; Liu et al.; (hereinafter “Liu”), and further in view of US 20190051744 A1; Coquand et al.; (hereinafter “Coquand”) and US 9502310 B1; Li et al.; (hereinafter "Li"). Regarding Claim 1, Cheng teaches a method for fabricating a gate-all-around (GAA) structure ([0032], non-planar/nanosheet FET devices), comprising: (A) forming a silicon germanium (SiGe)/silicon (Si) periodic superlattice (Figure 1, [0041], nanosheet stack comprises alternate SiGe and Si layers #111-117) laminate on a substrate (#105, substrate); (B) forming at least two active regions on the SiGe/Si periodic superlattice laminate by patterning (Figure 2B, [0047], the nanosheet stack is patterned to form structure #110-1, wherein the device can comprise multiple nanosheet structures according to [0033]); (C) forming an isolation structure (#125, Figure 2B, shallow trench isolation or STI) between the at least two active regions (#125 dispose on both side of #110-1 and separates at least an adjacent nanosheet structure); (D) performing selective epitaxy growth of a SiGe layer on the at least two active regions ([0058], SiGe material of source/drain layers #140 is formed by epitaxial growth on sidewalls of the nanosheet stack); (E) depositing a layer of a first dielectric material ([0050], a silicon oxide layer, not shown in Figure 3B, disposes over entire of device #100 before the deposition of polysilicon layer/dummy gate layer #130), and polishing a top of the layer of the first dielectric material ([0050], #100 is planarized by known techniques such as chemical mechanical polishing or CMP according to [0048]); (F) forming a dummy gate pattern (#130, Figure 3B, dummy gate layer) on the top of the layer of the first dielectric material ([0050-0051], #130 is subsequently formed on the deposited silicon oxide layer) through steps of: (F1) depositing a dummy-gate material on the top of the layer of the first dielectric material ([0050], a polysilicon layer is deposited on the silicon oxide layer), wherein a ratio of an etch rate of the dummy-gate material to an etch rate of Si and SiGe in dry etching or wet etching is greater than 5:1 ([0050] & [0056], dummy gate layer #130 can comprise amorphous silicon, which is the same material as the dummy-gate of the instant application, wherein #130 and the alternate SiGe/Si layers #111-117 are both patterned by a selective etching process. Hence, the ratio of the etch rate of #130 to layers #111-117 is also greater than 5:1); and (F2) defining the dummy-gate pattern (#130, dummy gate layer) by photoetching and etching ([0047] & [0050], using photolithography process to transfer pattern of a hard mask to the gate capping layer #132 and dummy gate layer #130 and using #132 as etch mask for an etching process of #130); wherein a width of the dummy-gate pattern defines a gate length of a nanosheet device (Figure 5A-B, width of #130 defines the device’s gate length formed in gate region #130-1); (H) forming a gate spacer structure (#134, Figure 3B, gate sidewall spacer) through steps of: (H1) isotropically depositing a layer of a second dielectric material ([0051], dielectric material of #134 is deposited over the structure); and (H2) performing maskless etching through anisotropic etching to form the gate spacer structure on each side of the dummy-gate pattern ([0051], the dielectric material of #134 is patterned by anisotropic dry etching to form #134 on both side of dummy gate layer #130); (J) forming an inner spacer (#136, Figure 4, inner spacers) through steps of: (J1) selectively etching the SiGe layer by isotropic etching ([0056], selective nanosheet layers #111-117 are isotropically etched), wherein an etching depth of the SiGe layer is equal to a thickness of the gate spacer structure ([0055], etching depth #R is equal to thickness of #134); (J2) isotropically depositing a layer of a fourth dielectric material ([0057], the recess of #136 is filled with dielectric material); wherein a thickness of the layer of the fourth dielectric material is greater than the etching depth of the SiGe layer ([0057], the excess dielectric material of #136 from the recess is removed); and (J3) removing exposed parts of the layer of the fourth dielectric material by anisotropic etching to form the inner spacer ([0057], the excess dielectric material of #136 from the recess is etched back to form the inner spacers #136); (K) forming a source-drain structure (#140, Figure 4, source/drain layers) by selective epitaxy and in-situ doping ([0059], #140 is formed by epitaxial growth and in-situ doping); (L) depositing a first interlayer dielectric material (#150, Figure 4, interlayer dielectric or ILD layer), and exposing the dummy gate (#DG) through chemical mechanical polishing (CMP) ([0061], #150 is planarized by CMP that exposes top surface of #DG); (M) removing a dummy gate (Figure 5A, [0062], dummy gate layer #130 is removed); (N) removing the remaining SiGe laminate in the silicon germanium (SiGe)/silicon (Si) periodic superlattice laminate (Figure 5A-B, SiGe sacrificial nanosheet layers #111-117 are removed); (O) forming a high-k metal gate (HKMG) (Figure 8, [0065], HKMG comprises high-k gate dielectric #160 and work function metal #162); (P) depositing a second interlayer dielectric material (Figure 11, upper portion of ILD #150), and performing perforation (perforation method step is interpreted to be an etching process to form contact holes in a dielectric layer as supported by pg. 4, ln. 1-4 of the instant application. Accordingly, [0082] of Cheng teaches the formation of source/drain contacts #340 in dielectric layer #150); and filling Metal 0 (#340 is formed of metallic material). (Q) performing a back-end-of-line (BEOL) process to complete device integration ([0075], BEOL process is performed to complete the device’s fabrication). Cheng does not explicitly teach (D) the epitaxial growth SiGe layer on the active regions forming a SiGe-wrapped stacked structure, wherein the SiGe layer and a SiGe superlattice in the SiGe/Si periodic superlattice laminate have the same germanium (Ge) content; (I) performing source-drain etch back through steps of: depositing a layer of a third dielectric material as an etching mask to protect the dummy gate and the gate spacer structure; exposing a source-drain etch-back window by photoetching; removing exposed SiGe/Si periodic superlattice laminate by anisotropic etching to complete the etch back of the source and the drain; and removing the third dielectric material; and (N) removing the remaining SiGe layer such that the entire SiGe-wrapped stacked structure is removed to release a channel. However, Liu teaches the method for fabricating a gate-all-around (GAA) structure ([0010], fabrication of a GAA device) which comprises: an epitaxial growth SiGe layer on the active regions forming a SiGe-wrapped stacked structure (Figure 5A-B, [0024-0025], epitaxial growth SiGe cladding layer #222 with the same SiGe material as epitaxial layers #206 forms to cover exposed surfaces of fin #210), wherein the SiGe layer and a SiGe superlattice in the SiGe/Si periodic superlattice laminate have the same Ge content ([0025], cladding layer #222 and epitaxial layers #206 of fin #210 can alternatively have a same Ge concentration); performing source-drain etch back ([0036], source/drain etch process to remove fins #210/epitaxial stack #204) through steps of: depositing a layer of a third dielectric material as an etching mask ([0032], hard mask #236 forms on dummy gate #234) to protect the dummy gate and the gate spacer structure; exposing a source-drain etch-back window by photoetching (Figure 7A-B, at least hard mask #212 is etched back by wet/dry/multi-step etching process to expose top surface of stack #204); removing exposed SiGe/Si periodic superlattice laminate by anisotropic etching to complete the etch back of the source and the drain (Figure 11A and Figure 11E-F, SiGe/Si epitaxial stack #204 is etched back by dry/wet/combination etching process to form source/drain or S/D trenches #246); and removing the third dielectric material ([0044], hard mask #236 is removed); removing a SiGe layer such that the entire SiGe-wrapped stacked structure (#222, SiGe cladding layer) is removed (Figure 8A-B, layer #222 is removed) to release a channel. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the invention disclosed by Cheng with the teaching of Liu in order to reserve space for the metal gate structure using the cladding layer according to Liu, [0024] and remove the exposed SiGe/Si epitaxial and cladding layers in the S/D regions for the subsequent deposition of gate structures according to Liu, [0035-0036]. Cheng in view of Liu does not explicitly teach (G) performing doping in a source-drain extension region through steps: taking the dummy-gate pattern as a mask, removing the first dielectric material exposed on a top of the at least two active regions by anisotropic etching; and taking the dummy-gate pattern as the mask, performing doping and activation in the source-drain extension region of the at least two active regions; However, Coquand teaches the method for fabricating a gate-all-around (GAA) structure ([0001], fabrication of transistor device with nanowires) comprises performing doping in a source-drain extension region (Figure 1F, [0074-0076], extension regions #142-146 is uniformly doped through spike annealing) through steps: taking the dummy-gate pattern (#10, Figure 1G, dummy gate block) as a mask, removing the first dielectric material exposed on a top of the at least two active regions by anisotropic etching ([0078-0079], dielectric material #21 covering the stack structure is removed by anisotropic etching); and taking the dummy-gate pattern (#10) as the mask, performing doping and activation in the source-drain extension region of the at least two active regions (Figure 1F, [0074-0076], extension regions #142-146 is uniformly doped through spike annealing). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the invention disclosed by Cheng in view of Liu with the teaching of Coquand in order to allow the migration and activation of the dopants in the core of the device structure according to Coquand, [0075]. Cheng in view of Liu and Coquand does not explicitly teaches filling Metal 0 by sputtering. However, Li teaches a method for fabricating a gate-all-around (GAA) structure (col. 2, ln. 10-14, fabrication of vertical-nanowire transistor) comprising filling Metal 0 by sputtering (col. 8, ln. 15-16, contacts holes are filled by sputtering). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the invention disclosed by Cheng in view of Liu and Coquand with the teaching of Li, as it would be a simple substitution of one known element (contact metal filling process of Cheng) for another (contact metal filling by sputtering of Li) to obtain predictable result (filling the contact holes with metal). See MPEP 2143(I)(B). Regarding Claim 4 (currently amended), Cheng in view of Liu, Coquand and Li teaches the method for fabricating a gate-all-around (GAA) structure as described in claim 1, wherein Cheng further teaches steps (N)-(O) are performed through steps of: selectively removing an exposed part of the dummy gate and a polished layer of the first dielectric material at a bottom thereof (Figures 5A-B, [0062], dummy gate layer #130 including the silicon oxide layer, see rejection of claim 1, is removed). selectively removing an exposed part of the SiGe layer (Figures 5A-B, [0064], SiGe sacrificial layers #111-117 are selectively etched); and isotropically depositing a gate dielectric material, a work-function metal and a gate metal material sequentially (Figure 10, [0078], high-k gate dielectric #160, work function metal #162 and gate electrode #210 are sequentially deposited). Regarding Claim 5, Cheng in view of Liu, Coquand and Li teaches the method for fabricating a gate-all-around (GAA) structure as described in claim 1, wherein Cheng further teaches the substrate (Figure 1, #105) is a bulk-silicon substrate or a silicon-insulator-silicon (SOI) substrate ([0037], #105 can be bulk silicon or SOI). Regarding Claim 7, Cheng in view of Liu, Coquand and Li teaches the method for fabricating a gate-all-around (GAA) structure as described in claim 5, wherein Cheng further teaches in step (C), for the bulk-silicon substrate, the isolation structure is formed by combination of well and shallow trench; and for the SOI substrate, the isolation structure is formed by shallow trench (Figure 2B, [0037], substrate #105 can be SOI and layers #125 are shallow trench isolation). Regarding Claim 9 (currently amended), Cheng in view of Liu, Coquand and Li teaches the method for fabricating a gate-all-around (GAA) structure as described in claim 1, wherein Cheng further teaches in step (P), the Metal 0 is tungsten (W) or copper (Cu) ([0082], contacts #340 can be filled with tungsten). Regarding Claim 11, Cheng in view of Liu, Coquand and Li teaches the method for fabricating a gate-all-around (GAA) structure as described in claim 1, wherein Cheng further teaches in step (D), side surface of the SiGe/ Si periodic superlattice laminate (Figure 4, alternate stacked SiGe and Si layers #111-117) is covered by the SiGe layer (SiGe S/D #140), an upper surface of the SiGe/ Si periodic superlattice laminate is covered by an etching hard mask (#120, [0036]), and a lower surface of the SiGe/ Si periodic superlattice laminate is attached to the substrate (#105), such that the SiGe layer, the etching hard mask, and the substrate cooperate to surround the SiGe/ Si periodic superlattice laminate (Figure 4, #140, #120 and #105 surround #111-117). Cheng in view of Coquand and Li does not explicitly teaches an entire circumferential side surface of the SiGe/ Si periodic superlattice laminate is covered by the SiGe layer. However, Liu teaches an entire circumferential side surface of the SiGe/ Si periodic superlattice laminate is covered by the SiGe layer (Figure 5A-B, [0024], SiGe cladding layer #222 is formed to cover exposed surfaces of fin #210. Hence, one of ordinary skill in the art would be motivated to also cover the exposed surfaces of fins #210/epitaxial stack #204 with the cladding layer #222 as illustrated in Figures 5A-B). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the invention disclosed by Cheng in view of Coquand and Li with the teaching of Liu in order to reserve space for the metal gate structure using the cladding layer according to Liu, [0024]. Claims 2-3 are rejected under 35 U.S.C. 103 as being unpatentable over Cheng in view of Liu, Coquand and Li, and further in view of US 10872818 B2; Chiang et al.; (hereinafter “Chiang”). Regarding Claim 2, Cheng in view of Liu, Coquand and Li teaches the method for fabricating a gate-all-around (GAA) structure as described in claim 1, wherein Cheng further teaches step (B) is performed through steps of: (B1) depositing a layer of a hard mask material (#120, Figure 1, [0036], etch stop or hard mask layer); (B2) patterning the layer of the hard mask material by photoetching to form a pattern whose shape and size respectively defines a shape and a size of each of the at least two active regions (Figure 2B, [0047], #120 is patterned by a photolithography process to comprise image of nanosheet stack #110-1); and (B3) etching the SiGe/Si periodic superlattice laminate and the substrate by anisotropic etching ([0047], nanosheet stacks #110-1 and substrate #105 are etched by dry/anisotropic etching process]) to form the at least two active regions (#110-1, see also rejection of claim 1); Cheng in view of Liu, Coquand and Li does not explicitly teach a ratio of an etch rate of the hard mask material to an etch rate of Si and SiGe is greater than 5:1. However, Chiang teaches fabrication of a transistor device (col. 2, ln. 55-58), wherein ratio of an etch rate of the hard mask material to an etch rate of Si and SiGe is greater than 5:1 (Figure 44-45, col. 11, ln. 58 – col. 12, ln. 4, hard mask #28 is used to pattern layer #20C, hence #28 has a greater etch rate compared to #20C. The etching selectivity of #20C to SiGe layer #20B is greater than 20, therefore the etch rate of #28 to #20B is also greater than 20). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the invention disclosed by Cheng in view of Liu, Coquand and Li with the teaching of Chiang in order to prevent damage to the SiGe layer in the stack structure during an etching process according to Chiang, col. 11, ln. 65-68. Regarding Claim 3, Cheng in view of Liu, Coquand, Li and Chiang teaches the method for fabricating a gate-all-around (GAA) structure as described in claim 2, wherein Cheng further teaches step (E) is performed through steps of: removing the hard mask material ([0077], etch stop/hard mask #120 can be removed); depositing the layer of the first dielectric material on the at least two active regions ([0050], a silicon oxide layer, not shown in Figure 3B-C, disposes over entire of device #100 before the deposition of polysilicon layer/dummy gate layer #130), wherein a thickness of the layer of the first dielectric material is greater than a height of the at least two active regions ([0050], the silicon oxide layer covers the entire device structure); and polishing a top of the layer of the first dielectric material; polishing the layer of the first dielectric material by CMP ([0050], #100 is planarized by known techniques such as chemical mechanical polishing or CMP according to [0048]); and reducing the thickness of the layer of the first dielectric material by anisotropic etching ([0050], the silicon oxide layer is anisotropically etched to form dummy gate layer), wherein the thickness of the layer of the first dielectric material is always kept greater than the height of the at least two active regions (Figure 3C, the silicon oxide layer as part of dummy gate layer #130 always has greater height than the). Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Cheng in view of Liu, Coquand and Li, and further in view of US 20220352180 A1; Lin et al.; (hereinafter “Lin-180”). Regarding Claim 6, Cheng in view of Liu, Coquand and Li teaches the method for fabricating a gate-all-around (GAA) structure as described in claim 1. Cheng in view of Liu, Coquand and Li does not explicitly teach individual Si1-xGex layers in the SiGe/Si periodic superlattice laminate have the same x value. However, Lin-180 teaches a method for fabricating a gate-all-around (GAA) structure ([0026]), wherein individual Si1-xGex layers in the SiGe/Si periodic superlattice laminate have the same x value (Figure 9A-B, [0060], sacrificial layers #205 of fins #206 comprises the same Si1-yGey material). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the invention disclosed by Cheng in view of Liu, Coquand and Li with the teaching of Lin-180, as it was merely a simple substitution of one known element (same SiGe layers in stack structure of Cheng) for another (same Si1-yGey layers in stack structure of Lin-108) to obtain predictable result. See MPEP 2143(I)(B). Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Cheng in view of Liu, Coquand and Li, and further in view of US 20220384609 A1; Lin et al.; (hereinafter “Lin”). Regarding Claim 10, Cheng in view of Liu, Coquand and Li teaches the method for fabricating a gate-all-around (GAA) structure as described in claim 1, wherein Cheng further teaches after the step (N) and before the step (P), or in step (O) (see claim 10’s objection above), the method further comprises: depositing sequentially Hafnium (IV) oxide (HfO2), work function metal and metallic tungsten (W) by ALD into the channel (Figure 10, [0078], formation of the metal gate comprises high-k gate dielectric #160, work function metal #162 and W gate electrode #210 sequentially deposited into the channel by ALD). Cheng in view of Liu, Coquand and Li does not explicitly teach depositing sequentially NMOS work function metal (WFM), PMOS work function metal (WFM). However, Lin teaches the method for fabricating a gate-all-around (GAA) structure ([0011], fabrication of GAA device) which comprises sequentially depositing NMOS and PMOS work function metal ([0040-0044], gate structure includes sequential formation of a capping layer, a barrier layer, an n-type work function metal layer, a p-type work function metal layer, and a fill material). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the invention disclosed by Cheng in view of Liu, Coquand and Li with the teaching of Lin as it would be a simple substitution of one known element (work function metal of Cheng) for another (work function metal of Lin) in comparable structure to obtain predictable result. See MPEP 2143(I)(B). Conclusion THIS ACTION IS MADE FINAL. 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 TIEN TRAN whose telephone number is (571)272-6967. The examiner can normally be reached Monday-Thursday 9:00 am - 6:00 pm ET. 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, CHRISTINE S KIM can be reached on (571)272-8458. 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. /TIEN TRAN/Examiner, Art Unit 2812 /CHRISTINE S. KIM/Supervisory Patent Examiner, Art Unit 2812
Read full office action

Prosecution Timeline

Aug 08, 2023
Application Filed
Oct 16, 2025
Non-Final Rejection — §103
Jan 21, 2026
Response Filed
Mar 29, 2026
Final Rejection — §103 (current)

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Prosecution Projections

3-4
Expected OA Rounds
92%
Grant Probability
99%
With Interview (+11.1%)
3y 1m
Median Time to Grant
Moderate
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