Prosecution Insights
Last updated: May 29, 2026
Application No. 18/464,839

SEMICONDUCTOR STRUCTURE AND METHOD FOR FORMING THE SAME

Non-Final OA §102§103
Filed
Sep 11, 2023
Priority
Oct 31, 2019 — provisional 62/928,629 +1 more
Examiner
ENAD, CHRISTINE A
Art Unit
2811
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Taiwan Semiconductor Manufacturing Company Ltd.
OA Round
1 (Non-Final)
84%
Grant Probability
Favorable
1-2
OA Rounds
0m
Est. Remaining
94%
With Interview

Examiner Intelligence

Grants 84% — above average
84%
Career Allowance Rate
1114 granted / 1323 resolved
+16.2% vs TC avg
Moderate +10% lift
Without
With
+10.2%
Interview Lift
resolved cases with interview
Fast prosecutor
1y 11m
Avg Prosecution
46 currently pending
Career history
1389
Total Applications
across all art units

Statute-Specific Performance

§101
0.3%
-39.7% vs TC avg
§103
86.3%
+46.3% vs TC avg
§102
3.2%
-36.8% vs TC avg
§112
1.3%
-38.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1323 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 . Election/Restrictions Applicant’s election without traverse of Invention I in the reply filed on 4/3/2026 is acknowledged. 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. Claims 1- 2, 5, 8-14, 21, 26 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Fung et al (US 2017/0154958). Regarding claim 1, Fung discloses a semiconductor structure, comprising: a plurality of nanostructures vertically stacked and separated from one another Fig 7-8; Fig 10A-10C; a source/drain feature ¶0043 adjacent to the plurality of nanostructures Fig 12; and an inner spacer layer Fig 11C, 70 and Fig 12, 70 including a vertical portion interposing between the plurality of nanostructures and the source/drain feature Fig 11C and Fig 12 and a plurality of horizontal portions Fig 11B, 20 interposing between the nanostructures Fig 11B, 25 , wherein a source/drain junction is located in the vertical portion of the inner spacer layer and is spaced apart from the plurality of nanostructures by a distance Fig 14. Regarding claim 2, Fung discloses wherein the inner spacer layer is made of a semiconductor material 0042. Regarding claim 5, Fung discloses a gate spacer layer above the plurality of nanostructures, wherein the gate spacer layer is in direct contact with the horizontal portions of the inner spacer layer Fig 9A-9C, 11A-11C. Regarding claim 8, Fung discloses wherein the inner spacer layer Fig 11C, 70 and Fig 12, 70 further includes a bottom portion below the source/drain feature Fig 11A-20C. Regarding claim 9, Fung discloses a semiconductor structure, comprising: a gate stack wrapping around a plurality of nanostructures Fig 20A-20C; a gate spacer layer alongside the gate stack Fig 20A-20C, 55; a semiconductor inner spacer layer Fig 11C, 70 and Fig 12, 70 alongside the plurality of nanostructures below the gate spacer layer Fig 8-9C; and a source/drain feature alongside the semiconductor inner spacer layer Fig 11A-13, wherein a source/drain junction vertically extends in the semiconductor inner spacer and between extension lines of sidewalls of the gate spacer layer Fig 11A-20C. Regarding claim 10, Fung discloses wherein the source/drain junction extends through a topmost one of the nanostructures Fig 20A-20C. Regarding claim 11, Fung discloses wherein the gate stack includes an interfacial layer, a high-k gate dielectric layer over the interfacial layer and a gate electrode layer over the high-k gate dielectric layer Fig 20A-20C ¶0056. Regarding claim 14, Fung discloses a fin element below the plurality of nanostructures; and an isolation structure surrounding the fin element Fig 20A-20C ¶0035 and 0056. Regarding claim 21, Fung discloses semiconductor structure, comprising: a fin element extending lengthwise along a first direction Fig 3-4; a plurality of nanostructures over the fin element Fig 3-4; a gate stack extending lengthwise along a second direction that is different from the first direction and wrapping around the plurality of nanostructures Fig 20A-20C;a source/drain feature over the fin element Fig 12-13; and a semiconductor layer Fig 11C, 70 and Fig 12, 70 ¶0042 including a first portion between the plurality of nanostructures and the source/drain feature and a plurality of second portions between the plurality of nanostructures Fig 20A-20C, wherein a dopant concentration of the semiconductor layer is less than a dopant concentration of the source/drain feature ¶0042-0043, wherein a source/drain junction is located in the first portion of the semiconductor layer and extends in a third direction that is different from the first direction and the second direction Fig 11A-20C. Regarding claim 26, Fung discloses, wherein the source/drain junction does not extend through the plurality of nanostructures Fig 11A-20C. 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 3, 4, 6, 7, 12, 13, 22-25 are rejected under 35 U.S.C. 103 as being unpatentable over Fung et al (US 2017/0154958) in view of Chiang et al (US Patent No. 10,134,640). Regarding claim 3, Fung discloses all the limitations but silent on the arrangement of the interfacial layer relative to the nanostructure. Whereas Chiang discloses : an interfacial layer including a first portion along a bottom surface of a first nanostructure in the plurality of nanostructures Fig IJ-2 (Column 7, lines 55-61) a second portion along a top surface of a second nanostructure in the plurality of nanostructures, and a third portion connecting the first portion of the interfacial layer to the second portion of the interfacial layer Fig IJ-2 (Column 7, lines 55-61). Fung and Chiang are analogous art because they are directed to semiconductor devices having metal gates and one of ordinary skill in the art would have had a reasonable expectation of success to modify Fung because they are from the same field of endeavor. Therefore it would have been obvious to one having ordinary skill of the art before the effective filing date of the claimed invention to modify the device of Fung and incorporate the teachings of Chiang to provide an alternative arrangement to improve device isolation. Regarding claim 4, Chiang discloses wherein the third portion of the interfacial layer is in direct contact with one of the horizontal portions of the inner spacer layer Fig IJ-2 (Column 7, lines 55-61). Regarding claim 6, Chiang discloses wherein the inner spacer layer is doped(Column 6, lines 6-67). Regarding claim 7, Chiang discloses a spacer concentration (Column 6, lines 6-67) but silent on having a range from about 1x 1019 cm-3 to about 9x 1019 cm3. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the range, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233 (1955). Regarding claim 12, Chiang discloses wherein the interfacial layer is spaced apart from the semiconductor inner spacer layer by a distance Fig IJ-2 (Column 7, lines 55-61). Regarding claim 13, Chiang discloses wherein in a cross- sectional view, the interfacial layer has a closed-loop profile, and the high-k gate dielectric layer is located within the closed-loop profile of the interfacial layer Fig IJ-2 (Column 7, lines 55-61). Regarding claim 22, Chiang discloses wherein the gate stack includes an interfacial layer surrounding the plurality of nanostructures, a high-k gate dielectric layer on the interfacial layer, and a gate electrode layer on the high-k gate dielectric layer, wherein the interfacial layer is interfaced with the second portions of the semiconductor layer Fig IJ-2 (Column 7, lines 55-61). Regarding claim 23, Chiang discloses wherein the high-k gate dielectric layer is separated from the semiconductor layer by the interfacial layer Fig IJ-2 (Column 7, lines 55-61). Regarding claim 24, Chiang discloses wherein the semiconductor layer is made of a semiconductor material (Column 6, lines 6-67), and the interfacial layer is made of the oxide of the semiconductor material (Column 7, lines 55-61). Regarding claim 25, Fung and Chiang discloses source and spacer concentration but silent on having a dopant concentration of about two orders. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the value, since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Boesch, 617 F. 2d 272, 205 USPQ (CCPA 1980). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTINE A ENAD whose telephone number is (571)270-7891. The examiner can normally be reached Monday-Friday, 7:30 am -4:30 pm. 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. /CHRISTINE A ENAD/Primary Examiner, Art Unit 2811
Read full office action

Prosecution Timeline

Sep 11, 2023
Application Filed
Apr 29, 2026
Non-Final Rejection mailed — §102, §103 (current)

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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
84%
Grant Probability
94%
With Interview (+10.2%)
1y 11m (~0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1323 resolved cases by this examiner. Grant probability derived from career allowance rate.

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