Prosecution Insights
Last updated: October 02, 2026
Application No. 18/473,803

MULTI-LAYER DIELECTRIC GATE SPACER FOR FIN FIELD EFFECT TRANSISTORS (FINFET) AND GATE-ALL-AROUND (GAA) DEVICES

Non-Final OA §103
Filed
Sep 25, 2023
Examiner
CULLEN, PATRICK LAWRENCE
Art Unit
2899
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Qualcomm Incorporated
OA Round
3 (Non-Final)
83%
Grant Probability
Favorable
3-4
OA Rounds
5m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 83% — above average
83%
Career Allowance Rate
15 granted / 18 resolved
+15.3% vs TC avg
Strong +30% interview lift
Without
With
+30.0%
Interview Lift
resolved cases with interview
Typical timeline
3y 5m
Avg Prosecution
35 currently pending
Career history
75
Total Applications
across all art units

Statute-Specific Performance

§103
75.8%
+35.8% vs TC avg
§102
9.8%
-30.2% vs TC avg
§112
14.5%
-25.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 18 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 . Claim Rejections - 35 USC § 103 Claim(s) 1, 3-6, 8-9, 11-14, and 16-18 are rejected under 35 U.S.C. 103 as being unpatentable over Galatage (PGPub No. 20240204060) in further view of Lin (PGPub No. 20190067442). Regarding claim 1, Galatage teaches an electronic device having one or more non-planar transistors (Fig. 1 points to an IC device 100 comprising a nanoribbon transistor 100.), at least one of the one or more non-planar transistors comprising: one or more gate structures (Id. points to a gate stack 106.); and one or more gate spacers respectively associated with each of the one or more gate structures, at least one gate spacer of the one or more gate spacers having a multi-layer dielectric structure comprising a first dielectric structure comprising a first dielectric material, the first dielectric structure forming an interior wall disposed next to a respective gate structure of the one or more gate structures, a second dielectric structure comprising a second dielectric material, the second dielectric structure forming an exterior wall spaced apart from the interior wall, and a third dielectric structure comprising a third dielectric material, the third dielectric structure extending between and separating the interior wall from the exterior wall, wherein a dielectric constant of the third dielectric material is lower than a dielectric constant of the first dielectric material and lower than a dielectric constant of the second dielectric material ([0026] and [0040] point to alternative embodiments where the gate stack 106 is surrounded by a gate spacer comprising air gaps (third dielectric structure) that separate portions (first dielectric structure; second dielectric structure).). Galatage fails to teach wherein the third dielectric material is formed as a single layer that extends from an interior surface of the interior wall and an interior surface of the exterior wall. Lin teaches wherein the third dielectric material is formed as a single layer that extends from an interior surface of the interior wall and an interior surface of the exterior wall (Figs. 1B-1D point to a gate structure 40 comprising an airgap 50 (third dielectric material).). Thus, it would have been obvious to a person of ordinary skill in the art (POSITA) prior to the filing date of the claimed invention to combine the teachings of Galatage and Lin, such that the third dielectric material is formed as a single layer in order to create an insulating material that utilizes the substance with the lowest dielectric constant, i.e., air, that can further reduce the effective k value of adjacent conductive features. Regarding claim 3, Galatage teaches wherein: the first dielectric material and the second dielectric material are a same dielectric material ([0040] points to a gate spacer comprising air gaps surrounded by a low-k dielectric material (first dielectric material; second dielectric material).). Regarding claim 4, Galatage teaches wherein: the third dielectric material comprises an air gap ([0040] points to a gate spacer comprising air gaps (third dielectric material) surrounded by a low-k dielectric material.). Regarding claim 5, Galatage teaches wherein the one or more gate spacers further comprise: an upper wall of a fourth dielectric material overlying the third dielectric material and extending between the interior wall and the exterior wall; and a lower wall of a fifth dielectric material below the third dielectric material and extending between the interior wall and the exterior wall ([0040] points to a gate spacer (upper wall; lower wall) comprising air gaps surrounded by a low-k dielectric material (fourth dielectric material; fifth dielectric material).). Regarding claim 6, Galatage teaches wherein: the first dielectric material, the second dielectric material, the fourth dielectric material, and the fifth dielectric material are a same dielectric material ([0040] points to a gate spacer comprising air gaps surrounded by a low-k dielectric material (first dielectric material; second dielectric material; fourth dielectric material; fifth dielectric material).). Regarding claim 8, Galatage teaches wherein the electronic device comprises at least one of: a music player; a video player; an entertainment unit; a navigation device; a communications device; a mobile device; a mobile phone; a smartphone; a personal digital assistant; a fixed location terminal; a tablet computer, a computer; a wearable device; a laptop computer; a server; an internet of things (IoT) device; or a device in an automotive vehicle (FIG. 7 and [0101] point to a block diagram of an example computing device 2400 that may include one or more components including one or more nanoribbon stacks and may have any desire form factor such as a handheld or mobile computing device.). Regarding claim 9, Galatage teaches a non-planar transistor comprising: one or more gate structures (Fig. 1 points to a transistor 110 comprising a gate stack 106 (gate structure).); and one or more gate spacers respectively associated with each of the one or more gate structures, at least one gate spacer of the one or more gate spacers having a multi-layer dielectric structure comprising a first dielectric structure comprising a first dielectric material, the first dielectric structure forming an interior wall disposed next to a respective gate structure of the one or more gate structures, a second dielectric structure comprising a second dielectric material, the second dielectric structure forming an exterior wall spaced apart from the interior wall, and a third dielectric structure comprising a third dielectric material, the third dielectric structure extending between and separating the interior wall from the exterior wall, wherein a dielectric constant of the third dielectric material is lower than a dielectric constant of the first dielectric material and lower than a dielectric constant of the second dielectric material ([0026] and [0040] point to alternative embodiments where the gate stack 106 is surrounded by a gate spacer comprising a low-k dielectric material such as silicon dioxide (first dielectric material; second dielectric material), which may further include air gaps (third dielectric material).). Galatage fails to teach wherein the third dielectric material is formed as a single layer that extends from an interior surface of the interior wall and an interior surface of the exterior wall. Lin teaches wherein the third dielectric material is formed as a single layer that extends from an interior surface of the interior wall and an interior surface of the exterior wall (Figs. 1B-1D point to a gate structure 40 comprising an airgap 50 (third dielectric material).). Thus, it would have been obvious to a POSITA prior to the filing date of the claimed invention to combine the teachings of Galatage and Lin, such that the third dielectric material is formed as a single layer in order to create an insulating material that utilizes the substance with the lowest dielectric constant, i.e., air, that can further reduce the effective k value of adjacent conductive features. Regarding claim 11, Galatage teaches wherein: the first dielectric material and the second dielectric material are a same dielectric material ([0040] points to a gate spacer comprising air gaps surrounded by a low-k dielectric material (first dielectric material; second dielectric material).). Regarding claim 12, Galatage teaches wherein: the third dielectric material comprises an air gap ([0040] points to a gate spacer comprising air gaps (third dielectric material) surrounded by a low-k dielectric material.). Regarding claim 13, Galatage teaches wherein the one or more gate spacers further comprise: an upper wall of a fourth dielectric material overlying the third dielectric material and extending between the interior wall and the exterior wall; and a lower wall of a fifth dielectric material below the third dielectric material and extending between the interior wall and the exterior wall ([0040] points to a gate spacer (upper wall; lower wall) comprising air gaps surrounded by a low-k dielectric material (fourth dielectric material; fifth dielectric material).). Regarding claim 14, Galatage teaches wherein: the first dielectric material, the second dielectric material, the fourth dielectric material, and the fifth dielectric material are a same dielectric material ([0040] points to a gate spacer comprising air gaps surrounded by a low-k dielectric material (first dielectric material; second dielectric material; fourth dielectric material; fifth dielectric material).). Regarding claim 16, Galatage teaches a method of forming a fin field effect transistor (FinFET), comprising: forming a channel structure having a semiconductor channel between a source and a drain of the FinFET (Fig. 1 points to a transistor 110 comprising a nanoribbon 104 (channel structure) and S/D regions 114-1 and 114-2 (a source and a drain). [0035] further points to the transistor 110 being formed via “layer transfer”, which allows for the forming of non-planar transistors such as FinFETs or nanoribbon transistors. In light of this, it is considered obvious that one of ordinary skill in the art could form the transistor 110 according to a FinFET structure rather than a nanoribbon structure.); forming a gate structure overlying the semiconductor channel (Fig. 1 points to a gate stack 106.); and forming at least one gate spacer associated with the gate structure, wherein the forming the at least one gate spacer comprises forming a first dielectric structure comprising a first dielectric material, the first dielectric structure forming an interior wall next to the gate structure, forming a second dielectric structure comprising a second dielectric material, the second dielectric structure forming an exterior wall spaced apart from the interior wall, and forming a third dielectric structure comprising a third dielectric material, the third dielectric structure extending between and separating the interior wall from the exterior wall, wherein a dielectric constant of the third dielectric material is lower than a dielectric constant of the first dielectric material and lower than a dielectric constant of the second dielectric material ([0026] and [0040] point to alternative embodiments where the gate stack 106 is surrounded by a gate spacer comprising a low-k dielectric material such as silicon dioxide (first dielectric material; second dielectric material), which may further include air gaps (third dielectric material).). Galatage fails to teach wherein the third dielectric material is formed as a single layer that extends from an interior surface of the interior wall and an interior surface of the exterior wall. Lin teaches wherein the third dielectric material is formed as a single layer that extends from an interior surface of the interior wall and an interior surface of the exterior wall (Figs. 1B-1D point to a gate structure 40 comprising an airgap 50 (third dielectric material).). Thus, it would have been obvious to a POSITA prior to the filing date of the claimed invention to combine the teachings of Galatage and Lin, such that the third dielectric material is formed as a single layer in order to create an insulating material that utilizes the substance with the lowest dielectric constant, i.e., air, that can further reduce the effective k value of adjacent conductive features. Regarding claim 17, Galatage teaches a method of forming a gate-all-around (GAA) transistor, comprising: forming a plurality of channel structures between a source and a drain of the GAA transistor (Fig. 1 points to a nanoribbon 104 (channel structure) and S/D regions 114-1 and 114-2 (a source and a drain). [0024] further points to alternative embodiments where multiple nanoribbons 104 (plurality of channel structures) are arranged.); forming a gate structure associated with the plurality of channel structures (Fig. 1 points to a gate stack 106.); and forming at least one gate spacer associated with the gate structure, wherein the forming the at least one gate spacer comprises forming a first dielectric structure comprising a first dielectric material, the first dielectric structure forming an interior wall next to the gate structure, forming a second dielectric structure comprising a second dielectric material, the second dielectric structure forming an exterior wall spaced apart from the interior wall, and forming and a third dielectric structure comprising a third dielectric material, the third dielectric structure extending between and separating the interior wall from the exterior wall, wherein a dielectric constant of the third dielectric material is lower than a dielectric constant of the first dielectric material and lower than a dielectric constant of the second dielectric material ([0026] and [0040] point to alternative embodiments where the gate stack 106 is surrounded by a gate spacer comprising a low-k dielectric material such as silicon dioxide (first dielectric material; second dielectric material), which may further include air gaps (third dielectric material).). Galatage fails to teach wherein the third dielectric material is formed as a single layer that extends from an interior surface of the interior wall and an interior surface of the exterior wall. Lin teaches wherein the third dielectric material is formed as a single layer that extends from an interior surface of the interior wall and an interior surface of the exterior wall (Figs. 1B-1D point to a gate structure 40 comprising an airgap 50 (third dielectric material).). Thus, it would have been obvious to a POSITA prior to the filing date of the claimed invention to combine the teachings of Galatage and Lin, such that the third dielectric material is formed as a single layer in order to create an insulating material that utilizes the substance with the lowest dielectric constant, i.e., air, that can further reduce the effective k value of adjacent conductive features. Regarding claim 18, Galatage teaches wherein: the first dielectric material and the second dielectric material are a same dielectric material ([0040] points to a gate spacer comprising air gaps surrounded by a low-k dielectric material (first dielectric material; second dielectric material).). Claim(s) 2 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Galatage et al. in further view of Chanemougame (PGPub No. 20180204927). Regarding claim 2, Chanemougame teaches wherein: the interior wall is disposed adjacent a gate dielectric layer of the respective gate structure (Fig. 8A points to an integrated circuit structure comprising a gate sidewall spacer 240 (interior wall) and a gate dielectric layer 261). Thus, it would have been obvious to a POSITA prior to the filing date of the claimed invention to combine the teachings of Galatage et al. and Chanemougame, such that a gate dielectric layer is formed between the interior wall and the gate structure in order to achieve desired work functions given the conductivity type of the FET. Regarding claim 10, Chanemougame teaches wherein: the interior wall is disposed adjacent a gate dielectric layer of the respective gate structure (Fig. 8A points to an integrated circuit structure comprising a gate sidewall spacer 240 (interior wall) and a gate dielectric layer 261). Thus, it would have been obvious to a POSITA prior to the filing date of the claimed invention to combine the teachings of Galatage et al. and Chanemougame, such that a gate dielectric layer is formed between the interior wall and the gate structure in order to achieve desired work functions given the conductivity type of the FET. Response to Arguments Applicant’s arguments, see Remarks, filed 07/29/2026, with respect to the rejection(s) of claim(s) 1, 9, 16, and 17 (and by extension any dependent claims) under 35 U.S.C. §103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Galatage in further view of Lin (PGPub No. 20190067442). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to Patrick L Cullen whose telephone number is (703)756-1221. The examiner can normally be reached Monday - Friday, 8:30AM - 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, Dale Page can be reached at (571)270-7877. 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. /PATRICK CULLEN/ Assistant Examiner, Art Unit 2899 /DALE E PAGE/Supervisory Patent Examiner, Art Unit 2899
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Prosecution Timeline

Sep 25, 2023
Application Filed
Dec 16, 2025
Non-Final Rejection mailed — §103
Mar 16, 2026
Response Filed
May 29, 2026
Final Rejection mailed — §103
Jul 29, 2026
Request for Continued Examination
Jul 31, 2026
Response after Non-Final Action
Aug 10, 2026
Non-Final Rejection mailed — §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

3-4
Expected OA Rounds
83%
Grant Probability
99%
With Interview (+30.0%)
3y 5m (~5m remaining)
Median Time to Grant
High
PTA Risk
Based on 18 resolved cases by this examiner. Grant probability derived from career allowance rate.

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