Prosecution Insights
Last updated: May 29, 2026
Application No. 18/452,858

SEMICONDUCTOR DEVICE

Final Rejection §103
Filed
Aug 21, 2023
Priority
Sep 08, 2022 — RE 10-2022-00114480
Examiner
KIM, TONG-HO
Art Unit
2811
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Samsung Electronics Co., Ltd.
OA Round
2 (Final)
95%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
96%
With Interview

Examiner Intelligence

Grants 95% — above average
95%
Career Allowance Rate
1011 granted / 1061 resolved
+27.3% vs TC avg
Minimal +0% lift
Without
With
+0.5%
Interview Lift
resolved cases with interview
Fast prosecutor
1y 8m
Avg Prosecution
26 currently pending
Career history
1086
Total Applications
across all art units

Statute-Specific Performance

§101
0.1%
-39.9% vs TC avg
§103
66.9%
+26.9% vs TC avg
§102
14.5%
-25.5% vs TC avg
§112
6.7%
-33.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1061 resolved cases

Office Action

§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 . Response to Amendment The amendment filed on 3/16/2026 has been considered. Response to Arguments Applicant's arguments with respect to claims 1-8 and 10-20 have been considered but are moot because the arguments do not apply to all of the references being used in the current rejection. Specifically, Applicant s arguments filed 3/16/2026 applied to the Chiang 534 reference used to reject at least claim 20 in the rejection under 35 USC 102(a)(1). In the current rejection, Applicant s amendment filed 3/16/2026 necessitated the incorporation of a secondary reference Lin 609 to supplement the teachings of Chiang 534 by providing the specifically recited claimed the source/drain regions disposed in recessed regions of the active region on both sides of the gate structure and connected to the plurality of channel layers; the upper surfaces of the internal spacer layers and lower surfaces of the internal spacer layers being in contact with the gate dielectric layer and the source/drain regions. 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. Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chiang (US 2020/0227534) in view of Lin (US 2022/0384609). Regarding claim 20, Chiang discloses, in at least figures 1A-1D and related text, a semiconductor device, comprising: a substrate (10, [50]); an active region (region of 10 for GAA FET device, [46]-[49], [50], figures) disposed on the substrate (10, [50]) and extending in a first direction (X direction, figures); a gate structure (82/84, [52]) disposed on the substrate (10, [50]), overlapping the active region (region of 10 for GAA FET device, [46]-[49], [50], figures), extending in a second direction (Y direction, figures), and including a gate dielectric layer (82, [52]) and a gate electrode (84, [52]); a plurality of channel layers (25, [50], [52]) disposed on the active region (region of 10 for GAA FET device, [46]-[49], [50], figures) and spaced apart from each other in a vertical direction (Z direction, figures) perpendicular to an upper surface of the substrate (10, [50]); source/drain regions (50, [53]) disposed in recessed regions of the active region (region of 10 for GAA FET device, [46]-[49], [50], figures) on both sides of the gate structure (82/84, [52]) and connected to the plurality of channel layers (25, [50], [52]); and internal spacer layers (35, [53]) paced apart from the plurality of channel layers (25, [50], [52]), wherein the gate structure (82/84, [52]) includes an upper portion (uppermost 82/84, [52], figures) disposed on an uppermost channel layer among the plurality of channel layers (25, [50], [52]), and a plurality of lower portions (lower 82/84, [52], figures), each disposed below a channel layer among the plurality of channel layers (25, [50], [52]), in a region vertically overlapping the plurality of channel layers (25, [50], [52]), wherein the internal spacer layers (35, [53]) are disposed between the lower portions (lower 82/84, [52], figures) and the source/drain regions (50, [53]), wherein a portion of the gate dielectric layer (82, [52]) is disposed between the internal spacer layers (35, [53]) and the plurality of channel layers (25, [50], [52]), and the internal spacer layers (35, [53]) and the plurality of channel layers (25, [50], [52]) are spaced apart from each other. Chiang does not explicitly disclose source/drain regions disposed in recessed regions of the active region on both sides of the gate structure and connected to the plurality of channel layers; upper surfaces of the internal spacer layers and lower surfaces of the internal spacer layers are in contact with the gate dielectric layer and the source/drain regions. Lin teaches, in at least figure 19, and related text, the device comprising source/drain regions (1202, [33]) disposed in recessed regions of the active region on both sides of the gate structure (1602, [39]) and connected to the plurality of channel layers (306, [18]); upper surfaces of the internal spacer layers (1102, [31]) and lower surfaces of the internal spacer layers (1102, [31]) are in contact with the gate dielectric layer (1502/1604, [38], [39]) and the source/drain regions (1202, [33]), for the purpose of improving the short channel effect (SCE), the carrier mobility, and the sub-threshold leakage current of the SRAM and logic cells having such GAA devices ([51]). Chiang and Lin are analogous art because they both are directed to semiconductor device and one of ordinary skill in the art would have had a reasonable expectation of success to modify Chiang with the specified features of Lin because they are from the same field of endeavor. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the structure disclosed in Chiang to have the source/drain regions disposed in recessed regions of the active region on both sides of the gate structure and connected to the plurality of channel layers; the upper surfaces of the internal spacer layers and lower surfaces of the internal spacer layers being in contact with the gate dielectric layer and the source/drain regions, as taught by Lin, for the purpose of improving the short channel effect (SCE), the carrier mobility, and the sub-threshold leakage current of the SRAM and logic cells having such GAA devices ([51], Lin). Allowable Subject Matter Claims 1-8 and 10-12 are allowed because the prior art of record neither anticipates nor render obvious the limitations of the base claims 1 that recite "the first gate dielectric layer and the second dielectric layer overlap the source/drain regions in the vertical direction" in combination with other elements of the base claims 1. Claims 13-19 are allowed because the prior art of record neither anticipates nor render obvious the limitations of the base claims 13 that recite "first surfaces among surfaces in contact with the source/drain regions and the gate dielectric layer have a (111) crystal orientation" in combination with other elements of the base claims 13. Conclusion 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 TONG-HO KIM whose telephone number is (571)270-0276. The examiner can normally be reached Monday thru Friday; 8:30 AM to 5PM. 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, Lynne Gurley can be reached at 571-272-1670. 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. /TONG-HO KIM/ Primary Examiner, Art Unit 2811
Read full office action

Prosecution Timeline

Aug 21, 2023
Application Filed
Nov 05, 2025
Non-Final Rejection (signed) — §103
Dec 16, 2025
Non-Final Rejection mailed — §103
Feb 05, 2026
Applicant Interview (Telephonic)
Feb 07, 2026
Examiner Interview Summary
Mar 16, 2026
Response Filed
Apr 01, 2026
Final Rejection mailed — §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12641814
SEMICONDUCTOR DEVICE
3y 0m to grant Granted May 26, 2026
Patent 12641826
SEMICONDUCTOR DEVICE
2y 10m to grant Granted May 26, 2026
Patent 12635180
SOURCE OR DRAIN STRUCTURES WITH PHOSPHOROUS AND ARSENIC DOPANTS
3y 9m to grant Granted May 19, 2026
Patent 12635195
SEMICONDUCTOR STRUCTURE WITH DIELECTRIC WALL STRUCTURE AND METHOD FOR MANUFACTURING THE SAME
3y 0m to grant Granted May 19, 2026
Patent 12635204
SEMICONDUCTOR DEVICE AND ELECTRONIC DEVICE INCLUDING THE SAME
2y 11m to grant Granted May 19, 2026
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
95%
Grant Probability
96%
With Interview (+0.5%)
1y 8m (~0m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 1061 resolved cases by this examiner. Grant probability derived from career allowance rate.

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