Prosecution Insights
Last updated: April 19, 2026
Application No. 18/500,170

SEMICONDUCTOR DEVICE MANUFACTURING METHOD AND SEMICONDUCTOR DEVICE

Non-Final OA §103
Filed
Nov 02, 2023
Examiner
BANKLER, AIDAN DENNEHY
Art Unit
2817
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Tokyo Electron Limited
OA Round
1 (Non-Final)
Grant Probability
Favorable
1-2
OA Rounds
2y 6m
To Grant

Examiner Intelligence

Grants only 0% of cases
0%
Career Allow Rate
0 granted / 0 resolved
-68.0% vs TC avg
Minimal +0% lift
Without
With
+0.0%
Interview Lift
resolved cases with interview
Typical timeline
2y 6m
Avg Prosecution
7 currently pending
Career history
7
Total Applications
across all art units

Statute-Specific Performance

§103
61.1%
+21.1% vs TC avg
§102
33.3%
-6.7% vs TC avg
§112
5.6%
-34.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 0 resolved cases

Office Action

§103
DETAILED ACTION This action is responsive to communication filed 11/02/2023. Priority Acknowledgment is made of applicant's claim for foreign priority based on an application filed in Japan on 11/07/2022. It is noted, however, that applicant has not filed a certified copy of the 2022-177935 application as required by 37 CFR 1.55. Information Disclosure Statement The information disclosure statements (IDS) submitted on 11/02/2023 and 03/07/2025 are acknowledged. The submissions are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner. 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 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 1-3, 6-8, and 12-16 are rejected under 35 U.S.C. 103 as being unpatentable over Rui et al. (US 8846468 B2) in view of Reed et al. (US 7515397 B2). Regarding claim 1, Rui et al. (see, e.g., FIG. 1) teaches a method of manufacturing a semiconductor device (100 and col. 5 lines 24-25), the method comprising: forming a lower electrode (102) made of a Ti-containing film (FIG. 2 202 and col. 7 lines 12-17) on a substrate (FIG. 2 201); forming a niobium oxide film (104 and col. 7 lines 24-36) on the lower electrode; forming an oxide-based high-dielectric-constant film (106 and col. 7 lines 37-46) on the niobium oxide film; forming an upper electrode (110) on the oxide-based high-dielectric-constant film; and performing annealing (col. 5 lines 31-32), wherein, through the forming of the oxide-based high-dielectric-constant film, the forming of the upper electrode, and the performing of the annealing, the niobium oxide film is modified into a low-oxidation-number niobium oxide film (col. 5 lines 49-57). However, Rui et al. fails to teach that the low-oxidation-number niobium oxide film is primarily made of a niobium oxide with an oxidation number lower than Nb2O5. Reed et al. teaches a method of modifying a niobium film into a low-oxidation-number niobium oxide film that is primarily made of a niobium oxide with an oxidation number lower than Nb2O5 (Eq. 2 and col. 18, line 64 – col. 19, line 17) for the purpose of improving performance by having high dielectric stability, low leakage current, and low flammability (col. 2 lines 1-6). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include a method of modifying a niobium film as described by Reed et al. into the method of manufacturing a semiconductor device as described by Rui et al. for the purpose of improving performance (col. 2 lines 1-6). Regarding claim 2, Rui et al. teaches the method of claim 1, wherein the Ti-containing film constituting the lower electrode is a TiN film (col. 7 lines 12-17). Regarding claim 3, Rui et al. teaches the method of claim 1, wherein the oxide-based high-dielectric-constant film is one of a ZrO2 film and a HfO2 film (col. 7 lines 37-46). Regarding claim 6, Rui et al. teaches the method of claim 1, wherein the low-oxidation-number niobium oxide film has a film thickness in the range of 0.3 nm to 5 nm (col. 5 lines 57-58). Regarding claim 7, Rui et al. teaches the method of claim 1, wherein the annealing is performed under a reducing atmosphere (col. 5 lines 41-44). Regarding claim 8, Rui et al. teaches the method of claim 1, wherein the semiconductor device is a DRAM capacitor (col. 1 lines 10-13). Regarding claim 12, Rui et al. (see, e.g., FIG. 2) teaches a semiconductor device (200) comprising: a substrate (201); a lower electrode made of a Ti-containing film (202 and col. 7 lines 12-17) and formed on the substrate; an oxide-based high-dielectric-constant film which is a capacitive film (206); a low-oxidation-number niobium oxide film (204) provided between the lower electrode and the oxide-based high-dielectric-constant film; and an upper electrode (210) formed on the oxide-based high-dielectric-constant film. However, Rui et al. fails to teach that the low-oxidation-number niobium oxide film is primarily made of a niobium oxide with an oxidation number lower than Nb2O5. Reed et al. teaches a method of modifying a niobium film into a low-oxidation-number niobium oxide film that is primarily made of a niobium oxide with an oxidation number lower than Nb2O5 (col. 18 and 19 lines 64-17) for the purpose of improving performance by having high dielectric stability, low leakage current, and low flammability (col. 2 lines 1-6). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include method of modifying a niobium film as described by Reed et al. into the method of manufacturing a semiconductor device as described by Rui et al. for the purpose of improving performance (col. 2 lines 1-6). Regarding claim 13, Rui et al. teaches the semiconductor device of claim 12, wherein the Ti-containing film constituting the lower electrode is a TiN film (col. 7 lines 12-17). Regarding claim 14, Rui et al. teaches the semiconductor device of claim 12, wherein the oxide-based high-dielectric-constant film is one of a ZrO2 film and a HfO2 film (col. 7 lines 37-46). Regarding claim 15, Rui et al. teaches the semiconductor device of claim 12, wherein the semiconductor device is used as a DRAM capacitor (col. 1 lines 10-13). Regarding claim 16, Rui et al. teaches the semiconductor device of claim 14, wherein the semiconductor device is used as a DRAM capacitor (col. 1 lines 10-13). Claims 4-5 and 9-11 are rejected under 35 U.S.C. 103 as being unpatentable over Rui et al. (US 8846468 B2) in view of Reed et al. (US 7515397 B2) as applied to claim 1 above, and further in view of Metzner et al. (US 7569500 B2). Regarding claim 4, Rui et al. teaches the method of claim 1, wherein the oxide-based high-dielectric-constant film is formed by ALD or CVD (Rui col. 6 lines 27-39). However Rui et al. and Reed et al. fail to teach that the ALD or CVD is done using a raw material gas and an oxidizing agent. Metzner et al. teaches a method of forming a metal oxide high-dielectric-constant film by ALD (col. 2 lines 65-67) using a raw material gas (col. 2 lines 20-23) and an oxidizing agent (col. 2 lines 16-17) for the purpose of improving uniformity (col. 7 lines 33-34). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include method of forming a metal oxide high-dielectric-constant film as described by Metzner et al. into the method of manufacturing a semiconductor device as described by Rui et al. in view of Reed et al. for the purpose of improving uniformity (col. 7 lines 33-34). Regarding claim 5, Metzner et al. further teaches the method of claim 4, wherein the oxidizing gas is an O3 gas (col. 2 line 16: “ozone”) for the purpose of improving uniformity (col. 7 lines 33-34). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include the oxidizing gas being an O3 gas as described by Metzner et al. into the method of manufacturing a semiconductor device as described by Rui et al. in view of Reed et al. for the purpose of improving uniformity (col. 7 lines 33-34). Regarding claim 9, Rui et al. teaches the method of claim 5, wherein the low-oxidation-number niobium oxide film has a film thickness in the range of 0.3 nm to 5 nm (col. 5 lines 57-58). Regarding claim 10, Rui et al. teaches the method of claim 5, wherein the annealing is performed under a reducing atmosphere (col. 5 lines 41-44). Regarding claim 11, Rui et al. teaches the method of claim 5, wherein the semiconductor device is a DRAM capacitor (col. 1 lines 10-13). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to AIDAN D BANKLER whose telephone number is (571)272-0883. The examiner can normally be reached Monday through Thursday 7:00-5:00. 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, Kretelia Graham can be reached at (571)272-5055. 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. /AIDAN D BANKLER/Examiner, Art Unit 2817 /Kretelia Graham/Supervisory Patent Examiner, Art Unit 2817 January 15, 2026
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Prosecution Timeline

Nov 02, 2023
Application Filed
Jan 12, 2026
Non-Final Rejection — §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
Grant Probability
2y 6m
Median Time to Grant
Low
PTA Risk
Based on 0 resolved cases by this examiner. Grant probability derived from career allow rate.

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