Prosecution Insights
Last updated: April 19, 2026
Application No. 18/468,366

AIRGAPS IN TOP LAYERS OF SEMICONDUCTOR DEVICES

Non-Final OA §102§103
Filed
Sep 15, 2023
Examiner
PATEL, REEMA
Art Unit
2812
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Qualcomm Incorporated
OA Round
1 (Non-Final)
88%
Grant Probability
Favorable
1-2
OA Rounds
2y 3m
To Grant
95%
With Interview

Examiner Intelligence

Grants 88% — above average
88%
Career Allow Rate
971 granted / 1097 resolved
+20.5% vs TC avg
Moderate +6% lift
Without
With
+6.3%
Interview Lift
resolved cases with interview
Typical timeline
2y 3m
Avg Prosecution
38 currently pending
Career history
1135
Total Applications
across all art units

Statute-Specific Performance

§101
0.2%
-39.8% vs TC avg
§103
40.8%
+0.8% vs TC avg
§102
25.9%
-14.1% vs TC avg
§112
22.0%
-18.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1097 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 (encompassing claims 1-18 and 26-29) in the reply filed on 2/2/26 is acknowledged. Information Disclosure Statement The information disclosure statement (IDS) was submitted on 2/4/25. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement has been considered by the examiner. 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. 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. (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claim(s) 1-2, 11, 15-17, and 26 is/are rejected under 35 U.S.C. 102(a)(1), or alternatively under 35 U.S.C. 102(a)(2), as being anticipated by Li et al. (U.S. 2023/0061693 A1; “Li”). Regarding claim 1, Li discloses a device comprising: A substrate (portion under 108A-H, Fig. 1) ([0029], [0002]); A semiconductor circuit (108A-H, Fig. 1) on a frontside of the substrate ([0029]); One or more frontside metal layers (M0, M1, Fig. 1) on the semiconductor circuit on the frontside of the substrate ([0029]); and One or more frontside signal layers (M2, M3, M4, Fig. 1) on the one or more frontside metal layers on the frontside of the substrate, the one or more frontside signal layers being configured carry one or more signals to and/or from the semiconductor circuit and comprising a first frontside signal layer (M4, Fig. 1) ([0029]-[0033]), Wherein the first frontside signal layer (M4, Fig. 1) comprises one or more top signal metals including a first top signal metal ([0029]), and Wherein a frontside airgap is formed on a side surface of the first top signal metal (M4, Fig. 1) ([0029], [0049], [0059, [0070]]). Regarding claim 2, Li discloses the first top signal metal (M4, Fig. 1) has a larger cross section than any metal of the frontside metal layers (M0, M1, Fig. 1). Regarding claim 11, Li discloses the frontside airgap is a first frontside airgap, wherein the one or more frontside signal layers also includes a second frontside signal layer (M3, Fig. 1) immediately below or immediately above the first frontside signal layer (M4, Fig. 1), and wherein a second frontside airgap is formed on a side surface at least one signal metal of the second frontside signal layer ([0029], [0049], [0059, [0070]). Regarding claim 15, Li discloses the device is incorporated into an apparatus selected from the group consisting of an entertainment unit, a navigation device, a communications device, a mobile device, a mobile phone, a smartphone, a personal digital assistant, a tablet computer, a computer, a wearable device, a server, and a device in an automotive vehicle ([0090]). Regarding claim 16, Li discloses a method of fabricating a device, the method comprising: Providing a substrate (portion under 108A-H, Fig. 1) ([0029], [0002]); Providing a semiconductor circuit (108A-H, Fig. 1) on a frontside of the substrate ([0029]); Forming one or more frontside metal layers (M0, M1, Fig. 1) on the semiconductor circuit on the frontside of the substrate ([0029]); and Forming one or more frontside signal layers (M2, M3, M4, Fig. 1) on the one or more frontside metal layers on the frontside of the substrate, the one or more frontside signal layers being configured carry one or more signals to and/or from the semiconductor circuit and comprising a first frontside signal layer (M4, Fig. 1) ([0029]-[0033]), Wherein the first frontside signal layer (M4, Fig. 1) comprises one or more top signal metals including a first top signal metal (M4, Fig. 1) ([0029]), and Wherein a frontside airgap is formed on a side surface of the first top signal metal (M4, Fig. 1) ([0029], [0049], [0059, [0070]]). Regarding claim 17, Li discloses the first top signal metal (M4, Fig. 1) has a larger cross section than any metal of the frontside metal layers (M0, M1, Fig. 1). Regarding claim 26, Li discloses the frontside airgap is a first frontside airgap, wherein the one or more frontside signal layers also includes a second frontside signal layer (M3, Fig. 1) immediately below or immediately above the first frontside signal layer (M4, Fig. 1), and wherein a second frontside airgap is formed on a side surface at least one signal metal of the second frontside signal layer ([0029], [0049], [0059, [0070]). Claim(s) 1, 3, 15-16 and 18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Dutta et al. (U.S. 8,643,187 B1; “Dutta”). Regarding claim 1, Dutta discloses a device comprising: A substrate (col 10, lines 63-65); A semiconductor circuit (216, 218, Fig. 2) on a frontside of the substrate (col 10, lines 63-65); One or more frontside metal layers (210, Fig. 2) on the semiconductor circuit on the frontside of the substrate (col 10, lines 63-65); and One or more frontside signal layers (207, Fig. 2) on the one or more frontside metal layers on the frontside of the substrate, the one or more frontside signal layers being configured carry one or more signals to and/or from the semiconductor circuit and comprising a first frontside signal layer (207, Fig. 2) (col 10, lines 53-58), Wherein the first frontside signal layer (207, Fig. 2) comprises one or more top signal metals including a first top signal metal (207, Fig. 2), and Wherein a frontside airgap (208, Fig. 2) is formed on a side surface of the first top signal metal (207, Fig. 2) (col 10, lines 58-59). Regarding claim 3, Dutta discloses another frontside airgap (208, Fig. 2) is formed on another side surface of the first top signal metal (207, Fig. 2) (col 10, lines 58-59). Regarding claim 15, Dutta discloses the device is incorporated into a computer (col 1, lines 39-41). Regarding claim 16, Dutta discloses a method of fabricating a device, the method comprising: Providing a substrate (col 10, lines 63-65); Providing a semiconductor circuit (216, 218, Fig. 2) on a frontside of the substrate (col 10, lines 63-65); Forming one or more frontside metal layers (210, Fig. 2) on the semiconductor circuit on the frontside of the substrate (col 10, lines 63-65); and Forming one or more frontside signal layers (207, Fig. 2) on the one or more frontside metal layers on the frontside of the substrate, the one or more frontside signal layers being configured carry one or more signals to and/or from the semiconductor circuit and comprising a first frontside signal layer (207, Fig. 2) (col 10, lines 53-58), Wherein the first frontside signal layer (207, Fig. 2) comprises one or more top signal metals including a first top signal metal (207, Fig. 2), and Wherein a frontside airgap (208, Fig. 2) is formed on a side surface of the first top signal metal (207, Fig. 2) (col 10, lines 58-59). Regarding claim 18, Dutta discloses another frontside airgap (208, Fig. 2) is formed on another side surface of the first top signal metal (207, Fig. 2) (col 10, lines 58-59). Claim Rejections - 35 USC § 103 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. 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) 4-6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Li et al. (U.S. 2023/0061693 A1; “Li”) as applied to claim 1 above, and further in view of Domae (U.S. 2002/0005584 A1). Regarding claims 4-5, Li discloses a frontside airgap is formed on a side surface of the first top signal metal (M4, Fig. 1) ([0029], [0049], [0059, [0070]]) but does not disclose it is an augmented airgap comprising at least one side portion and an upper lateral portion, the at least one side portion being formed on the side surface of the first top signal metal and the upper lateral portion being formed an upper surface of the first top signal metal. However, Domae discloses an airgap is an augmented airgap (113, Fig. 9B-9C) comprising at least one side portion and an upper lateral portion, the at least one side portion being formed on the side surface of a first top signal metal (103, Fig. 9B-9C), the upper lateral portion being formed an upper surface of the first top signal metal and another side surface formed on another side of the first top signal metal ([0163]-[0164]). This has the advantage of reducing capacitance of the first top signal metal within the device to improve device performance. Therefore, it would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to modify the invention of Li with an augmented airgap, as taught by Domae, so as to reduce capacitance and improve device performance. Regarding claim 6, Li discloses the one or more top signal metals (M4, Fig. 1) also includes a second top signal metal adjacent to the first top signal metal. Domae discloses the augmented airgap (113, Fig. 9B-9C) is formed on an upper surface of additional top signal metal layers (103, Fig. 9B-9C), wherein the upper lateral portion of the augmented airgap (113, Fig. 9B-9C) is formed, at least partially, on an upper surface of the second top signal metal (103, Fig. 9B-9C). Claim(s) 8-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Li et al. (U.S. 2023/0061693 A1; “Li”) as modified by Domae (U.S. 2002/0005584 A1) as applied to claim 1 above, and further in view of Lin et al. (U.S. 2021/0375723 A1; “Lin”) and Schultz (U.S. 2020/0328155 A1). Regarding claim 8, Li as modified by Domae disclose one or more frontside signal layers (Li: 207, Fig. 2) (Li: col 10, lines 53-58) but does not disclose one or more backside signal layers. However, Lin discloses one or more backside signal layers (metal layers within BM1-4, Fig. 8) comprising a first backside signal layer (124V and 124L within BM3, Fig. 8) being configured to carry one or more signals to or from a semiconductor circuit and comprising a first backside metal (124V and 124L within BM3, Fig. 8) ([0042]). This has the advantage of allowing for increased circuit density. Therefore, it would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to modify the invention of Li as modified by Domae with one or more backside signal layers, as taught by Lin, so as to increase circuit density. Yet, Lin as modified by Domae and Lin do not disclose an airgap formed on a side surface of the first backside metal. However, Schultz discloses an airgap formed on a side surface of a metal layer ([0066]). This has the advantage of reducing parasitic capacitance between adjacent metal layers which improves device performance. Therefore, it would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to modify the invention of Lin as modified by Domae and Lin, with an airgap formed on a side surface of the first backside metal, as taught by Schultz, so as to reduce capacitance and improve device performance. Regarding claim 9, Lin as modified by Domae, Lin, and Schultz disclose a second backside signal layer (Lin: metallization within BM2, Fig. 8) immediately below or immediately above the first backside signal layer. Schultz discloses an airgap formed on a side surface of a metal layer ([0066]). This has the advantage of reducing parasitic capacitance between adjacent metal layers which improves device performance. Allowable Subject Matter Claims 7, 10, 12-14, and 27-29 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. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to REEMA PATEL whose telephone number is (571)270-1436. The examiner can normally be reached M-F, 8am-5pm EST. 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 Kim can be reached at (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. /REEMA PATEL/Primary Examiner, Art Unit 2812 2/20/2026
Read full office action

Prosecution Timeline

Sep 15, 2023
Application Filed
Feb 20, 2026
Non-Final Rejection — §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
88%
Grant Probability
95%
With Interview (+6.3%)
2y 3m
Median Time to Grant
Low
PTA Risk
Based on 1097 resolved cases by this examiner. Grant probability derived from career allow rate.

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