Prosecution Insights
Last updated: April 19, 2026
Application No. 18/497,810

METHODS AND STRUCTURES EMPLOYING METAL OXIDE FOR DIRECT METAL BONDING

Non-Final OA §102§103
Filed
Oct 30, 2023
Examiner
SARKER-NAG, AKHEE
Art Unit
2893
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Adeia Semiconductor Bonding Technologies Inc.
OA Round
1 (Non-Final)
82%
Grant Probability
Favorable
1-2
OA Rounds
3y 7m
To Grant
91%
With Interview

Examiner Intelligence

Grants 82% — above average
82%
Career Allow Rate
49 granted / 60 resolved
+13.7% vs TC avg
Moderate +9% lift
Without
With
+9.2%
Interview Lift
resolved cases with interview
Typical timeline
3y 7m
Avg Prosecution
28 currently pending
Career history
88
Total Applications
across all art units

Statute-Specific Performance

§103
64.8%
+24.8% vs TC avg
§102
21.5%
-18.5% vs TC avg
§112
13.7%
-26.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 60 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 . Information Disclosure Statement The information disclosure statement (IDS) submitted on 01/18/2024, 11/25/2024 and 12/30/2024 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner and made of record. 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. (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 9-12 and 17-18 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Liu, Ping-Yin (US 8802538 B1) “Liu et al.”. Regarding Independent Claim 9, Liu et al. Figs. 2A-3B discloses a microelectronic structure for low temperature hybrid bonding, comprising: a first bonding layer (“a top substrate 200” Column 4, Lines 12-13) having a first upper surface (“The surface of dielectric 207 forms a bonding surface 208” Column 4, Lines 20-21), prepared for hybrid bonding (“a hybrid bonding process” Column 2, Line 55), the first bonding layer comprising: a first conductive feature (“metal pads 205” Column 4 line 19), the first conductive feature having a metal oxide layer (“the oxidation 209 and 309 forms copper oxide” Column 4, Line 32) disposed thereover, the metal oxide layer 209 exposed at the first upper surface 208, and a first dielectric material (“A dielectric 207” Column 4 line 18) surrounding the first conductive feature 205, the first dielectric material 207 exposed at the first upper surface 208. Regarding Claim 10. Liu et al. as modified discloses the limitations of claim 9. Liu et al. further discloses, wherein the first conductive feature comprises one or more of copper (“Pads 205 are formed of metal. In an example embodiment, the metal is copper.” Column 4, Lines 16-17), nickel, gold, indium, molybdenum, zinc, tungsten, tantalum, and titanium (“the metal for the metal pads is one of copper (Cu), aluminum (Al), aluminum copper (AlCu), nickel (Ni), aluminum germanium (AlGe) and alloys of these metals.” Column 2, Lines 60-64). Regarding Claim 11. Liu et al. discloses the limitations of claim 10. Liu et al. further discloses, wherein the first conductive feature 205 is at least partially separated from the surrounding dielectric material 207, wherein the separation is at least partially by the disposed metal oxide 209 (Fig. 3A shows 209 partially separates 205 from 207). Regarding Claim 12. Liu et al. as modified by Hofrichter et al. discloses the limitations of claim 9. Liu et al. further discloses, wherein the metal oxide layer comprises copper oxide (“the oxidation 209 and 309 forms copper oxide” Column 4, Line 32). Regarding Claim 17. Liu et al. as modified by Hofrichter et al. discloses the limitations of claim 9. Liu et al. further discloses, wherein the metal oxide layer is formed by oxidizing a metal of the first conductive feature layer (“the oxidation 209 and 309 forms copper oxide” Column 4, Line 32). Regarding Claim 18. Liu et al. as modified by Hofrichter et al. discloses the limitations of claim 17. Liu et al. further discloses, wherein the oxidizing is plasma oxidizing (“copper oxide is formed using O.sub.2 plasma.” Column 3, Line 6), thermal oxidizing, ozone exposure, or wet oxidizing with an inorganic or organic peroxide. 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 1-4 and 7-8, 13 are rejected under 35 U.S.C. 103 as being unpatentable over Liu, Ping-Yin (US 8802538 B1) “Liu et al.” in view of Hofrichter, Jens (US 20220223554 A1) “Hofrichter et al.”. Regarding Independent Claim 1, Liu et al. Figs. 2A-3B discloses a process for hybrid bonding (“a hybrid bonding process” Column 2, Line 55), comprising: providing a first element (“a top substrate 200” Column 4, Lines 12-13) comprising a first dielectric material (“A dielectric 207” Column 4 line 18) having a first bonding surface (“The surface of dielectric 207 forms a bonding surface 208” Column 4, Lines 20-21), a first conductive feature (“metal pads 205” Column 4 line 19) at least partially embedded in the first dielectric material 207, a metal oxide layer (“he oxidation 209 and 309 forms copper oxide” Column 4, Line 32) formed over the first conductive feature 205 and exposed at the first bonding surface 208; providing a second element (“a bottom substrate 300” Column 4, Line 13) comprising a second dielectric material (“Dielectric 307” Column 4, Line 26) having a second bonding surface (“The surface 308 of dielectric 307 forms a bonding surface for the bottom substrate 300” Column 4, Lines 27-28), a second conductive feature (“metal pads 305” Column 4, Lines 24-25) at least partially embedded in the second dielectric material 307; and direct bonding (“the top substrate is turned over and oriented with the bonding surface face to face with the bonding surface of substrate 300, the features are aligned, and the top and bottom substrates are moved into physical contact between the dielectric layers” Column 4, Lines 59-63) the first element 200 to the second element 300, including directly bonding the first dielectric material 207 to the second dielectric material 307 with the metal oxide layer between the first conductive feature 205 and the second conductive feature 305. However, Liu et al. does not disclose, direct bonding including directly bonding the first dielectric material to the second dielectric material with the metal oxide layer between the first conductive feature and the second conductive feature. In the similar filed of endeavor of hybrid wafer bonding, Hofrichter et al. Fig. 6 discloses direct bonding including directly bonding the first dielectric material (“dielectric 4” ¶ [0068]; dielectric 4 on the device 1) to the second dielectric material (“dielectric 4” ¶ [0068]; dielectric 4 on the device 1a) with the metal oxide layer (“material 5b …. such as an oxide.” ¶ [0064]; “residual sacrificial material 5b on the conductor material 5a of each semiconductor device 1, 1a.” ¶ [0077]) between the first conductive feature (“conductor material 5a” ¶ [0068]; conductor material 5a on the device 1) and the second conductive feature (“conductor material 5a” ¶ [0068]; conductor material 5a on the device 1a). It would have been obvious to person having ordinary skill in the art before the effective filling date to modify the bonding structure of Liu et al. using the Liu bonding structure including the oxide layer of Hofrichter et al. in order to be beneficial for bonding and lead to an improved result in some cases (Hofrichter et al., ¶ [0077]). Regarding Claim 2. Liu et al. as modified by Hofrichter et al. discloses the limitations of claim 1. Liu et al. further discloses, wherein direct bonding the first dielectric material to the second dielectric material is conducted at room temperature (“the substrates are placed into physical contact at low or room temperature. The dielectric surfaces may begin fusion bonding at this stage in the process.” Column 6, Lines 10-12). Regarding Claim 3. Liu et al. as modified by Hofrichter et al. discloses the limitations of claim 1. Liu et al. further discloses, further comprising annealing the first element and the second element at an annealing temperature to directly bond the first conductive feature to the second conductive feature (“an anneal is performed on the top and bottom substrates 200 and 300, which are already in contact. The copper pads 205 and 305 will bond and a seamless bond will form” Column 5, Lines 6-9). Regarding Claim 4. Liu et al. as modified by Hofrichter et al. discloses the limitations of claim 3. Liu et al. further discloses, wherein a metal of the metal oxide is copper (“the metal pads are copper and the oxidation 209 and 309 forms copper oxide” Column 4, Lines 31-32) and the annealing temperature is below about 250° C (“a relatively low temperature anneal is performed. The anneal can vary in temperature from 40 degrees C. to over 250 degrees C.” Column 6, Lines 12-14). Regarding Claim 7. Liu et al. as modified by Hofrichter et al. discloses the limitations of claim 4. Liu et al. further discloses, wherein the first conductive feature comprises one or more of copper (“Pads 205 are formed of metal. In an example embodiment, the metal is copper.” Column 4, Lines 16-17), nickel, gold, indium, molybdenum, zinc, tungsten, tantalum, and titanium (“the metal for the metal pads is one of copper (Cu), aluminum (Al), aluminum copper (AlCu), nickel (Ni), aluminum germanium (AlGe) and alloys of these metals.” Column 2, Lines 60-64). Regarding Claim 8, Liu et al. as modified by Hofrichter et al. discloses the limitations of claim 4. Liu et al. further discloses, wherein the second conductive feature comprises one or more of copper (“copper pads 205 and 305” Column 4, Lines 65-66), nickel, gold, indium, molybdenum, zinc, tungsten, tantalum, and titanium (“the metal for the metal pads is one of copper (Cu), aluminum (Al), aluminum copper (AlCu), nickel (Ni), aluminum germanium (AlGe) and alloys of these metals.” Column 2, Lines 60-64). Regarding Claim 13. Liu et al. discloses the limitations of claim 12. However, Liu et al. does not disclose, wherein the metal oxide layer has a thickness of at least about 20 nm. In the similar filed of endeavor of hybrid wafer bonding, Hofrichter et al. Fig. 6 discloses wherein the metal oxide layer has a thickness of at least about 20 nm (“A thickness of the sacrificial material 5b on the finalized product may be up to 50 nm.” ¶ [0072]). It would have been obvious to person having ordinary skill in the art before the effective filling date to modify the bonding structure of Liu et al. using the Liu bonding structure including the oxide layer of Hofrichter et al. in order to be beneficial for bonding and lead to an improved result in some cases (Hofrichter et al., ¶ [0077]). Claims 19-22 are rejected under 35 U.S.C. 103 as being unpatentable over Liu, Ping-Yin (US 8802538 B1) “Liu et al.” in view of UZOH, Cyprian Emeka (US 20200051937 A1) “UZOH-1937”. Regarding Independent Claim 19, Liu et al. Figs. 2A-3B discloses a bonded structure, comprising: a first element (“a top substrate 200” Column 4, Lines 12-13), the first element comprising a first bonding layer, the first bonding layer comprising: a first dielectric material (“A dielectric 207” Column 4 line 18) having a first upper surface (“The surface of dielectric 207 forms a bonding surface 208” Column 4, Lines 20-21), and a first conductive feature (“metal pads 205” Column 4 line 19) at least partially embedded in the first dielectric material 207 at the upper surface 208; a second element (“a bottom substrate 300” Column 4, Line 13), the second element comprising a second bonding layer, the second bonding layer comprising: a second dielectric material (“Dielectric 307” Column 4, Line 26) having a second upper surface (“The surface 308 of dielectric 307 forms a bonding surface for the bottom substrate 300” Column 4, Lines 27-28), and a second conductive feature (“metal pads 305” Column 4, Lines 24-25) at least partially embedded in the second dielectric material 307 at the second upper surface 308; and wherein the first upper surface 208 is directly bonded (“the top substrate is turned over and oriented with the bonding surface face to face with the bonding surface of substrate 300, the features are aligned, and the top and bottom substrates are moved into physical contact between the dielectric layers” Column 4, Lines 59-63) to the second upper surface 308 at a bond interface, and the first conductive feature is directly bonded to the second conductive feature to form a bonded contact (“The copper pads 205 and 305 will bond and a seamless bond will form as shown in FIG. 6” Column 5, Lines 8-9), However, Liu et al. does not disclose, the bonded contact having an oxygen content greater than 100 ppm of oxygen in metal within about 100 nm of the bond interface. In the similar field of endeavor of bonding structure UZOH-1937 discloses the bonded contact having an oxygen content greater than 100 ppm of oxygen in metal within about 100 nm of the bond interface (“The composition of the alloy or element may include a proportion of the fill material (or impurities) that is less than 2% of the total composition of the interconnect pads combined, or less than 5000 ppm, or less than 500 ppm.” ¶ [0083]). It would have been obvious to person having ordinary skill in the art before the effective filling date to modify bonding interface of Liu et al. using the bonding interface of UZOH-1937 in order to form a single solid interconnect structure (UZOH-1937, ¶ [0085]). Regarding Claim 20. Liu et al. as modified by UZOH-1937 discloses the limitations of claim 19. Liu et al. further discloses, wherein the second conductive feature comprises one or more of copper (“copper pads 205 and 305” Column 4, Lines 65-66), nickel, gold, indium, molybdenum, zinc, tungsten, tantalum, and titanium (“the metal for the metal pads is one of copper (Cu), aluminum (Al), aluminum copper (AlCu), nickel (Ni), aluminum germanium (AlGe) and alloys of these metals.” Column 2, Lines 60-64). Regarding Claim 21. Liu et al. as modified by UZOH-1937 discloses the limitations of claim 19. However, Liu et al. does not disclose, wherein oxygen content is greater than an oxygen saturation level of the first and/or second conductive features within 100 nm of the bond interface. However, Liu et al. does not disclose, wherein oxygen content is greater than an oxygen saturation level of the first and/or second conductive features within 100 nm of the bond interface. In the similar field of endeavor of bonding structure UZOH-1937 discloses wherein oxygen content is greater than an oxygen saturation level of the first and/or second conductive features within 100 nm of the bond interface (“The composition of the alloy or element may include a proportion of the fill material (or impurities) that is less than 2% of the total composition of the interconnect pads combined, or less than 5000 ppm, or less than 500 ppm.” ¶ [0083]). It would have been obvious to person having ordinary skill in the art before the effective filling date to modify bonding interface of Liu et al. using the bonding interface of UZOH-1937 in order to form a single solid interconnect structure (UZOH-1937, ¶ [0085]). Regarding Claim 22. Liu et al. as modified by UZOH-1937 discloses the limitations of claim 19. Liu et al. further discloses, wherein the oxygen content in the bonded contact includes oxygen in a metal oxide formed from a metal of the first conductive structure (“oxidize the metal pad layer to form a metal oxide” Column 7, Line 16; “performing an oxidation process includes one of an O2 plasma, thermal oxidation” Column 7, Line 31-32). Claims 14 is rejected under 35 U.S.C. 103 as being unpatentable over Liu, Ping-Yin (US 8802538 B1) “Liu et al.” in view of Hofrichter, Jens (US 20220223554 A1) “Hofrichter et al.” further in view of GONDCHARTON, Paul (US 20150380383 A1) “GONDCHARTON et al.”. Regarding Claim 14, Liu et al. as modified by Hofrichter et al. discloses the limitations of claim 9. Liu et al. does not disclose, wherein the first upper surface formed by the metal oxide layer has a surface roughness of at least 2 nm RMS. In the similar field of endeavor of direct boding structure GONDCHARTON et al. discloses wherein the first upper surface formed by the metal oxide layer has a surface roughness of at least 2 nm RMS (“it is possible, in the context of the invention, to obtain a direct bonding with surfaces presenting a roughness of up to 50 nm RMS with oxidation” ¶ [0016]). It would have been obvious to person having ordinary skill in the art before the effective filling date to modify the surface roughness of Liu et al. using the Liu surface roughness including the oxide layer of GONDCHARTON et al. in order to allow improving the quality of the bonding interface (GONDCHARTON et al., ¶ [0016]). Claims 15-16 are rejected under 35 U.S.C. 103 as being unpatentable over Liu, Ping-Yin (US 8802538 B1) “Liu et al.” in view of Hofrichter, Jens (US 20220223554 A1) “Hofrichter et al.” further in view of Uzoh, Cyprian Emeka (US 20220208702 A1) “Uzoh et al.”. Regarding Claim 15. Liu et al. as modified by Hofrichter et al. discloses the limitations of claim 9. However, Liu et al. does not disclose, wherein the oxide layer comprises nanograins. In the similar field of endeavor of boding structure, Uzoh et al. discloses, wherein the oxide layer comprises nanograins (“nano-grains” ¶ [0032]). It would have been obvious to person having ordinary skill in the art before the effective filling date to modify the oxide layer of Liu et al. using the nanograin oxide layer of Uzoh et al. in order to provide greater flexibility for the design of plating processes and/or more efficient conductive material filling (Uzoh et al., ¶ [0032]). Regarding Claim 16. Liu et al. as modified by Hofrichter et al. discloses the limitations of claim 9. However, Liu et al. does not disclose, wherein the nanograins have an average maximum dimension in the range of about 2 nm to 100 nm. In the similar field of endeavor of boding structure, Uzoh et al. discloses, wherein the nanograins have an average maximum dimension in the range of about 2 nm to 100 nm (“an average grain size in the small grain region 26 at or near the upper side 14b can be about 10 nanometers (nm) to 200 nm, or about 30 nm to 200 nm.” ¶ [0039]). It would have been obvious to person having ordinary skill in the art before the effective filling date to modify the oxide layer of Liu et al. using the nanograin oxide layer of Uzoh et al. in order to provide greater flexibility for the design of plating processes and/or more efficient conductive material filling (Uzoh et al., ¶ [0032]). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to AKHEE SARKER-NAG whose telephone number is (703)756-4655. The examiner can normally be reached Monday -Friday 7:15 AM to 5:30 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, YARA J. GREEN can be reached at (571) 270-3035. 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. /AKHEE SARKER-NAG/Examiner, Art Unit 2893 /YARA B GREEN/Supervisor Patent Examiner, Art Unit 2893
Read full office action

Prosecution Timeline

Oct 30, 2023
Application Filed
Jan 01, 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
82%
Grant Probability
91%
With Interview (+9.2%)
3y 7m
Median Time to Grant
Low
PTA Risk
Based on 60 resolved cases by this examiner. Grant probability derived from career allow rate.

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