Prosecution Insights
Last updated: April 19, 2026
Application No. 18/494,449

SEMICONDUCTOR DEVICE

Non-Final OA §102§112
Filed
Oct 25, 2023
Examiner
CHANG, JAY C
Art Unit
2817
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Samsung Electronics Co., Ltd.
OA Round
1 (Non-Final)
85%
Grant Probability
Favorable
1-2
OA Rounds
2y 5m
To Grant
99%
With Interview

Examiner Intelligence

Grants 85% — above average
85%
Career Allow Rate
537 granted / 635 resolved
+16.6% vs TC avg
Moderate +14% lift
Without
With
+14.5%
Interview Lift
resolved cases with interview
Typical timeline
2y 5m
Avg Prosecution
43 currently pending
Career history
678
Total Applications
across all art units

Statute-Specific Performance

§101
0.4%
-39.6% vs TC avg
§103
38.5%
-1.5% vs TC avg
§102
32.3%
-7.7% vs TC avg
§112
25.8%
-14.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 635 resolved cases

Office Action

§102 §112
DETAILED ACTION The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Information Disclosure Statement The information disclosure statements (IDS) submitted on 10/25/2023 and 8/7/2024 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner. Claim Objections Claims 16-17 are objected to because of the following informalities: Claim 16 recites the limitation “wherein the at least one electrode material layer and the at least one protective material layer includes a same metal element” (emphasis added) in lines 14-15 of the claim, which appears to be a grammatical error and thus the Examiners suggests amending the limitation to “wherein the at least one electrode material layer and the at least one protective material layer include a same metal element”. Claim 17 recites the limitation “the at least one electrode material layer do not include an oxygen element” (emphasis added) in line 4 of the claim, which appears to be a grammatical error and thus the Examiners suggests amending the limitation to “the at least one electrode material layer does not include an oxygen element”. Appropriate correction is required. Claim Rejections - 35 USC § 112 The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. Claims 19-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Claim 19 recites the limitation “the plurality of protective material layers” in line 3 of the claim. There is insufficient antecedent basis for this limitation in the claim. Note the dependent claim 20 necessarily inherits the indefiniteness of the claims on which they depend. 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)(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. Claims 1, 5-7 and 18 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Leng et al. (US 2024/0006472 A1, hereinafter “Leng”). Regarding independent claim 1, Figure 6M of Leng discloses a semiconductor device comprising: a conductive pattern 204 (“base… metal element”- ¶0065); and a capacitor 102 (“capacitor structure”- ¶0064) electrically connected to the conductive pattern 204, wherein the capacitor 102 comprises: a first electrode structure 110 (“electrode”- ¶0063) electrically connected to the conductive pattern 204; a dielectric layer 114 (“insulator”- ¶0063) disposed on the first electrode structure 110; a second electrode structure 116/118/120 (collectively 116 “electrode”, 118 “spacer” and 120 “insulator”- ¶0063) disposed on the dielectric layer 114; and a plate electrode 122 (“electrode”- ¶0063) disposed on the second electrode structure 116/118/120, wherein the second electrode structure 116/118/120 comprises: a first electrode material layer 116 (which is analogous to 640- ¶0095) including a first metal element (i.e., Ti) and a nitrogen element, since 640 comprises TiN (¶0088); and a first protective material layer 120 (which is analogous to 660- ¶0095) including a second metal element (i.e., Zr), a Group 14 element (i.e., Si), and an oxygen element, since 660 comprises ZrSiOx (¶0092). Regarding claim 5, Figure 6M of Leng discloses wherein a thickness of the first electrode material layer 116 is greater than a thickness of the first protective material layer 120. Regarding claim 6, Figure 6M of Leng discloses wherein the first electrode material layer 116 is disposed between the dielectric layer 114 and the first protective material layer 120. Regarding claim 7, Figure 6M of Leng discloses wherein the first protective material layer 120 is disposed between the first electrode material layer 116 and the plate electrode 122. Regarding independent claim 18, Figure 6M of Leng discloses a semiconductor device comprising: a conductive pattern 204 (“base… metal element”- ¶0065); and a capacitor 102 (“capacitor structure”- ¶0064) electrically connected to the conductive pattern 204, wherein the capacitor 102 comprises: a first electrode structure 110 (“electrode”- ¶0063) electrically connected to the conductive pattern 204; a dielectric layer 114 (“insulator”- ¶0063) disposed on the first electrode structure 110; a second electrode structure 116/118/120 (collectively 116 “electrode”, 118 “spacer” and 120 “insulator”- ¶0063) disposed on the dielectric layer 114; and a plate electrode 122 (“electrode”- ¶0063) disposed on the second electrode structure 116/118/120, wherein the second electrode structure 116/118/120 comprises: at least one electrode material layer 116 (which is analogous to 640- ¶0095); and at least one protective material layer 120 (which is analogous to 660- ¶0095), wherein the first electrode structure 110 has a pillar shape extending in a direction (i.e., vertical direction), perpendicular to an upper surface of the conductive pattern 240, wherein the dielectric layer 114 is disposed adjacent the first electrode structure 110, and between the first electrode structure 110 and the second electrode structure 116/118/120, wherein a thickness of the at least one electrode material layer 116 is greater than a thickness of the at least one protective material layer 120, wherein the at least one electrode material layer 116 includes a first material, wherein the at least one protective material layer 120 includes at least one of a second material (i.e., ZrSiOx ¶0092) and a third material (Note: 120 includes at least the claimed “second material” and thereby satisfies the claim limitation), wherein the first material is a metal nitride including a metal element and a nitrogen element, since 640 comprises TiN (¶0088); wherein the second material includes a metal element, a silicon element, and an oxygen element, since 660 comprises ZrSiOx (¶0092), and wherein the third material includes a metal element, a silicon element, an oxygen element, and a nitrogen element. Allowable Subject Matter Claims 16-17 would be allowable if rewritten or amended to overcome the claim objections set forth in this Office action. Regarding independent claim 16, Figure 6M of Leng discloses a semiconductor device comprising: a conductive pattern 204 (“base… metal element”- ¶0065); and a capacitor 102 (“capacitor structure”- ¶0064) electrically connected to the conductive pattern 204, wherein the capacitor 102 comprises: a first electrode structure 110 (“electrode”- ¶0063) electrically connected to the conductive pattern 204; a dielectric layer 114 (“insulator”- ¶0063) disposed on the first electrode structure 110; a second electrode structure 116/118/120 (collectively 116 “electrode”, 118 “spacer” and 120 “insulator”- ¶0063) disposed on the dielectric layer 114; and a plate electrode 122 (“electrode”- ¶0063) disposed on the second electrode structure 116/118/120, wherein the second electrode structure 116/118/120 comprises: at least one electrode material layer 116 (which is analogous to 640- ¶0095); and at least one protective material layer 120 (which is analogous to 660- ¶0095), wherein a thickness of the at least one electrode material layer 116 is greater than a thickness of the at least one protective material layer 120, wherein the at least one electrode material layer 116 further includes a nitrogen element, since 640 comprises TiN (¶0088), and wherein the at least one protective material layer 120 further includes a silicon element and an oxygen element, since 660 comprises ZrSiOx (¶0092). Leng does not expressly disclose wherein the at least one electrode material layer and the at least one protective material layer includes a same metal element. Thus, regarding independent claim 16 (which claim 17 depends from), the prior art of record including Leng, either singularly or in combination, does not disclose or suggest the combination of limitations including, but not limited to, “wherein the at least one electrode material layer and the at least one protective material layer includes a same metal element”. Claims 2-4 and 8-15 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. Regarding claim 2 (which claim 3 depends from), the prior art of record including Leng, either singularly or in combination, does not disclose or suggest the combination of limitations including, but not limited to, “wherein the first metal element and the second metal element are a same element, and the Group 14 element is Silicon (Si)”. Regarding claim 4, the prior art of record including Leng, either singularly or in combination, does not disclose or suggest the combination of limitations including, but not limited to, “wherein the first protective material layer further includes a nitrogen element”. Regarding claim 8 (which claims 9-11 depend from), the prior art of record including Leng, either singularly or in combination, does not disclose or suggest the combination of limitations including, but not limited to, “wherein the second electrode structure further comprises: a second protective material layer, the first protective material layer is disposed between the first electrode material layer and the dielectric layer, the first electrode material layer is disposed between the first protective material layer and the second protective material layer, and a thickness of the first electrode material layer is greater than a thickness of each of the first and second protective material layers”. Regarding claim 12 (which claims 13-15 depend from), the prior art of record including Leng, either singularly or in combination, does not disclose or suggest the combination of limitations including, but not limited to, “wherein the second electrode structure further comprises: a second electrode material layer; and a second protective material layer, the first electrode material layer and the second electrode material layer are spaced apart from each other, and the first protective material layer and the second protective material layer are spaced apart from each other”. Claims 19-20 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims. Regarding claim 19 (which claim 20 depends from), the prior art of record including Leng, either singularly or in combination, does not disclose or suggest the combination of limitations including, but not limited to, “wherein the at least one protective material layer is plural in number, the plurality of protective material layers includes a first protective material layer and a second protective material layer spaced apart from each other, the first protective material layer is in contact with the dielectric layer, and the second protective material layer is in contact with the plate electrode”. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Sakamoto et al. (US 2015/0270271 A1), which discloses a capacitor comprising a second electrode structure including multiple layers. Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAY C CHANG whose telephone number is (571)272-6132. The examiner can normally be reached Mon- Fri 12pm-10pm. 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, Eliseo Ramos-Feliciano can be reached at (571)-272-7925. 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. /JAY C CHANG/Primary Examiner, Art Unit 2817
Read full office action

Prosecution Timeline

Oct 25, 2023
Application Filed
Jan 03, 2026
Non-Final Rejection — §102, §112
Mar 18, 2026
Interview Requested
Mar 23, 2026
Examiner Interview Summary
Mar 23, 2026
Applicant Interview (Telephonic)

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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
85%
Grant Probability
99%
With Interview (+14.5%)
2y 5m
Median Time to Grant
Low
PTA Risk
Based on 635 resolved cases by this examiner. Grant probability derived from career allow rate.

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