Prosecution Insights
Last updated: October 01, 2026
Application No. 18/451,866

SEMICONDUCTOR DEVICE

Non-Final OA §102§103
Filed
Aug 18, 2023
Examiner
WHITESELL, STEVEN H
Art Unit
2813
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Taiwan Semiconductor Manufacturing Company, Ltd.
OA Round
1 (Non-Final)
82%
Grant Probability
Favorable
1-2
OA Rounds
0m
Est. Remaining
95%
With Interview

Examiner Intelligence

Grants 82% — above average
82%
Career Allowance Rate
799 granted / 975 resolved
+13.9% vs TC avg
Moderate +13% lift
Without
With
+12.9%
Interview Lift
resolved cases with interview
Typical timeline
2y 7m
Avg Prosecution
41 currently pending
Career history
1016
Total Applications
across all art units

Statute-Specific Performance

§101
3.2%
-36.8% vs TC avg
§103
50.4%
+10.4% vs TC avg
§102
27.5%
-12.5% vs TC avg
§112
13.5%
-26.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 975 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 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. (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, 3, 6, 11, and 13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Adel et al. [US 2005/0195398]. For claim 1, Adel teaches a semiconductor device (overlay targets on semiconductor device, [0055]), comprising: a first pattern at a first layer of a substrate (bottom layer of a two layer overlay mark, see [0055] and Fig. 23), wherein the first pattern comprises a first central part (box in box area 1664, see [0313]) and a plurality of first noncentral parts surrounding the first central part and spaced apart from each other (offset marks 1662, see [0312] and [0313]); and a second pattern at a second layer over the first layer of the substrate and at least partially overlapping the first pattern along a first direction passing through the first layer and the second layer (top layer pattern of a two layer overlay mark, see [0055] and Fig. 23), wherein the plurality of first noncentral parts define a vortex arrangement (rotational alignment of offset marks 1662, see Fig. 23). For claim 11, Adel teaches a semiconductor device (overlay targets on semiconductor device, [0055]), comprising: a first pattern at a first layer of a substrate (bottom layer of a two layer overlay mark, see [0055] and Fig. 23), wherein the first pattern comprises a first central part (bottom layer of a two layer overlay mark, see [0055] and Fig. 23) and a plurality of first noncentral parts surrounding the first central part (offset marks 1662, see [0312] and [0313]); and a second pattern at a second layer over the first layer of the substrate and at least partially overlapping the first pattern along a first direction (top layer pattern of a two layer overlay mark, see [0055] and Fig. 23), wherein each of the plurality of first noncentral parts has a corresponding long axis extending along different directions (extension axis of gratings in 1662A and 1662B, see Fig. 23). For claim 3, Adel teaches the second pattern comprises a second central part (second box of box in box pattern 1664, see [0313] and Fig. 23) and a plurality of corresponding second noncentral parts surrounding the second central part (offset marks 1662 of second layer, see [0312] and [0313]), and a first part dimension of one of the plurality of first noncentral parts is different from a second part dimension of one of the plurality of corresponding second noncentral parts (varying pitch of offset 1662, see Fig. 23). For claim 6, Adel teaches a profile of one of the plurality of first noncentral parts is different from a profile of the first central part (different shape profiles, see Fig. 23). For claim 13, Adel teaches the first pattern defines a first pattern dimension, and the second pattern defines a second pattern dimension different from the first pattern dimension (varying pitch of offset 1662, see Fig. 23). Claims 14 and 17-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bozkurt et al. [US 2018/0321599]. For claim 14, Bozkurt teaches a semiconductor device (device formed on wafer, see [0092] and Figs. 12-16), comprising: a first cell (transition region in Fig. 13 or center target in Figs. 14 and 16) comprising: a first pattern at a first layer of a substrate (bottom layer pattern, see [0147] and [0148]), wherein the first pattern comprises a first central part (center in transition region or center target with zero offset, see Figs. 14 and 16); and a second pattern (top layer pattern, see [0147] and [0148]) at a second layer over the first layer of the substrate and at least partially overlapping the first pattern along a first direction, wherein the second pattern comprises a second central part substantially aligned with the first central part along the first direction (center part with zero offset or bias vector); and a second cell (targets 1232-1235 adjacent the center tart or transition zone with programmed offset or bias vector, see Figs. 12-14 and 16), comprising: a third pattern (first features 1262) at the first layer and comprising a third central part (central parts of adjacent target); and a fourth pattern (second features 1264) at the second layer and at least partially overlapping the third pattern along the first direction, wherein the fourth pattern comprises a fourth central part misaligned with the third central part along the first direction (offset vector bias for surrounding targets, see Figs. 12-14 and 16). For claim 17, Bozkurt teaches a fifth pattern (first features 1262 of another of the targets 1232-1235, see Figs. 12-14 and 16) at the first layer and comprising a fifth central part; and a sixth pattern (top layer pattern, see [0147] and [0148]) at the second layer and comprising a sixth central part misaligned with the fifth central part along the first direction (offset vector bias for surrounding targets, see Figs. 12-14 and 16), wherein a shift between the third central part and the fourth central part is different from a shift between the fifth central part and the sixth central part along a second direction different from the first direction (different offsets or bias vectors for each of the targets, see Figs. 12-14 and 16). For claim 18, Bozkurt teaches a third cell, wherein an arrangement of the third cell is the same as an arrangement of the first cell rotating around a rotation axis parallel to the first direction by 90° (orthogonal bias vectors in adjacent targets 1432-2,4,6,8, see Figs. 14 and 16). For claim 19, Bozkurt teaches the first cell defines a first cell length along a second direction orthogonal to the first direction and a second cell length along a third direction orthogonal to the first direction and the second direction, and the second cell length is greater than the first cell length (outward facing offsets bias vectors in targets shown in Fig. 16). For claim 20, Bozkurt teaches a third cell, wherein the third cell defines a third cell length along the second direction and a fourth cell length along the third direction, and the fourth cell length is less than the third cell length (inward facing offsets bias vectors in targets shown in Fig. 16). 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. Claims 4, 5, 7, 8, and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Adel in view of Ghinovker et al. [US 7,068,833]. For claims 4 and 5, Adel fails to explicitly teach the first central part is free from overlapping with the second central part along the first direction, wherein the first central part is aligned with the second central part along the first direction. Ghinovker teaches the first central part is free from overlapping with the second central part along the first direction (box in box not overlapping, see Fig. 1A and 6), wherein the first central part is aligned with the second central part along the first direction (central alignment, see Fig. 1A and 6). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to provide the known box in box target as taught by Ghinovker in the box in box target as taught by Adel to compare the position of one square relative to another square to determine overlay error. For claims 7, 8, and 12, Adel fails the one of the plurality of first noncentral parts has an elliptical profile and the first central part has a circular profile. Ghinovker teaches the one of the plurality of first noncentral parts has an elliptical profile and the first central part has a circular profile (ovals and circles, see col. 13 line 60 - col. 14 line 3). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to provide the known target shapes as taught by Ghinovker in the shape structures as taught by Adel according to specific needs of each mark based space available or direction of offset error. Claims 15 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Bozkurt in view of Ghinovker. For claim 15, Bozkurt teaches the first pattern comprises a plurality of first noncentral parts surrounding the first central part (top layer patterns, see Figs. 12-14 and 16), but fails to teach at least one of the plurality of first noncentral parts comprises an elliptical profile. Ghinovker teaches at least one of the plurality of first noncentral parts comprises an elliptical profile (ovals, see col. 13 line 60 - col. 14 line 3). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to provide the known target shapes as taught by Ghinovker in the shape structures as taught by Adel according to specific needs of each mark based space available or direction of offset error. For claim 16, Bozkurt teaches the second pattern comprises a plurality of second noncentral parts surrounding the second central part, the third pattern comprises a plurality of third noncentral parts surrounding the third central part, and the plurality of third noncentral parts at least partially overlap the plurality of second noncentral parts (arrangement of overlapping portions in adjacent targets, see Figs. 12-14 and 16). Allowable Subject Matter Claims 2, 9, and 10 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. The following is a statement of reasons for the indication of allowable subject matter: The previously cited prior art fails to teach “the plurality of first noncentral parts define a plurality of rows, the plurality of first noncentral parts in the same row are aligned along a second direction orthogonal to the first direction, and the plurality of first noncentral parts in abutting two rows are misaligned along a third direction orthogonal to the first direction and the second direction,” as recited in claim 2. Claims 9 and 10 depend therefrom. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Smith et al. [US 2007/0069398], Lim et al. [US 2007/0120220], Gdor et al. [US 2021/0364935], and Lubashevsky et al. [US 2024/0068804] each teach grid type overlay patterns. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Steven H Whitesell whose telephone number is (571)270-3942. The examiner can normally be reached Mon - Fri 9:00 AM - 5:30 PM (MST). 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, Curt Mayes can be reached at 571-272-1234. 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. /Steven H Whitesell/Primary Examiner, Art Unit 1759
Read full office action

Prosecution Timeline

Aug 18, 2023
Application Filed
Aug 11, 2026
Non-Final Rejection mailed — §102, §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
82%
Grant Probability
95%
With Interview (+12.9%)
2y 7m (~0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 975 resolved cases by this examiner. Grant probability derived from career allowance rate.

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