Prosecution Insights
Last updated: April 19, 2026
Application No. 18/526,987

SEMICONDUCTOR DEVICE AND METHOD OF MANUFACTURING THE SAME

Non-Final OA §102§103
Filed
Dec 01, 2023
Examiner
FERNANDES, ERROL V
Art Unit
2893
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 3m
To Grant
96%
With Interview

Examiner Intelligence

Grants 85% — above average
85%
Career Allow Rate
667 granted / 786 resolved
+16.9% vs TC avg
Moderate +12% lift
Without
With
+11.6%
Interview Lift
resolved cases with interview
Typical timeline
2y 3m
Avg Prosecution
28 currently pending
Career history
814
Total Applications
across all art units

Statute-Specific Performance

§103
58.7%
+18.7% vs TC avg
§102
36.7%
-3.3% vs TC avg
§112
4.0%
-36.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 786 resolved cases

Office Action

§102 §103
DETAILED ACTION 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. Claim(s) 1, 2, 7-14 and 16 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lee et al. US 2015/0021684 A1. Regarding claims 1, 2 and 7-13, Lee discloses A semiconductor device (Figs. 1, 7 and 8) comprising: a substrate (201) provided with a plurality of active regions (201), each of the active regions extending in a first direction that is a horizontal direction and protruding in a vertical direction; a device isolation region (202) electrically isolating the plurality of active regions; a gate trench (204) formed in and extending across both the plurality of active regions and the device isolation region; a gate structure (210/212) formed in the gate trench, the gate structure extending through each of the plurality of active regions; a gate dielectric film (208) formed between the gate trench and the gate structure; and an insulating barrier film (206) provided in a first active region of the plurality of active regions under the gate trench, spaced apart from a lower surface of the gate trench and extending in an extension direction of the gate trench, wherein, with respect to a cross section that is perpendicular to the extension direction of the gate trench and that is taken through the first active region, the insulating barrier film is positioned under the lowermost point of the gate trench such that a vertical line extending through the lowermost point of the gate trench extends through the insulating barrier film (Fig. 8). (claims 2, 7 and 10-13) Fig. 8. (claim 8) para 0081. (claim 9) Fig. 10; 206c. Regarding claims 14 and 16, Lee discloses: A semiconductor device (Figs. 1, 7 and 8) comprising: a substrate (201) provided with a plurality of active regions (201), each of the active regions extending in a first direction that is a horizontal direction and protruding in a vertical direction; a device isolation region (202) electrically isolating the plurality of active regions; a gate trench (204) formed in and extending across both the plurality of active regions and the device isolation region; a gate structure (210/212) formed in the gate trench, the gate structure extending through each of the plurality of active regions; a gate dielectric film (208) formed between the gate trench and the gate structure; and an electric insulator (206; para 0102) provided under the gate trench, spaced apart from a lower surface of the gate trench, wherein, with respect to a cross section that is perpendicular to the extension direction of the gate trench, the electric insulator is positioned under the lowermost point of the gate trench such that a vertical line extending through the lowermost point of the gate trench extends through the electric insulator (Fig. 8). (claim 16) a least the bottom portion of Fig. 8, 206. 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 3 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lee et al. US 2015/0021684 A1. Regarding claims 3 and 15, although Lee does not specifically disclose “(claim 3) wherein a dimension of the insulating barrier film in the first direction is less than a dimension of the gate trench in the first direction; and (claim 15) wherein a width in the first direction of the electric insulator is less than a width of the first direction on the gate trench”, Lee does give insight into the functionality of the barrier layer 106 in alleviating movement of carriers to neighboring buried channel areas. Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to determine the claimed dimension/width of the insulating barrier film/electric insulator to improve the reduction of data loss criteria in neighboring channel regions. Claims 4-6 and 17-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lee, as applied to claims 1 and 14 above, in view of Min US 2014/0367775 A1. Regarding claims 4-6 and 17-20; Lee does not disclose: (claim 4) wherein the insulating barrier film comprises silicon oxide or silicon nitride; (claim 5) wherein the insulating barrier film comprises an air gap; (claim 6) wherein the insulating barrier film has an upper width that is greater than a lower width; (claim 17) wherein the electric insulator comprises silicon oxide or silicon nitride; (claim 18) wherein the electric insulator comprises an air gap; (claim 19) wherein the electric insulator comprises at least two air gaps separated from each other; and (claim 20) wherein the electric insulator comprises a first insulator and a second insulator that is surrounded by the first insulator and the dielectric constant of the second insulator is relatively lower than the dielectric constant of the first insulator. Min discloses a publication from a similar field of endeavor in which: (claim 4) wherein the insulating barrier film comprises silicon oxide or silicon nitride (201); (claim 5) wherein the insulating barrier film comprises an air gap (203); (claim 6) wherein the insulating barrier film has an upper width that is greater than a lower width (Figs. 2-4); (claim 17) wherein the electric insulator comprises silicon oxide or silicon nitride (201); (claim 18) wherein the electric insulator comprises an air gap (203); and (claim 20) wherein the electric insulator comprises a first insulator (205 SiGe) and a second insulator (207 oxide) that is surrounded by the first insulator and the dielectric constant of the second insulator is relatively lower than the dielectric constant of the first insulator. It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to employ the material of the insulating barrier/electric insulator of Min within the structure of the Lee since both features are employed for the similar purpose of providing a mechanism for deterring carrier interference in neighboring channel regions. Furthermore, although Min does not specifically disclose “(claim 19) wherein the electric insulator comprises at least two air gaps separated from each other”, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to determine the claimed multiple air gaps since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. In re Jepikse, 86 USPQ 70. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to ERROL V FERNANDES whose telephone number is (571)270-7433. The examiner can normally be reached on 9-5:30. 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, Britt Hanley can be reached on 571-270-3042. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /ERROL V FERNANDES/Primary Examiner, AU 2893
Read full office action

Prosecution Timeline

Dec 01, 2023
Application Filed
Jan 05, 2024
Response after Non-Final Action
Feb 05, 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
85%
Grant Probability
96%
With Interview (+11.6%)
2y 3m
Median Time to Grant
Low
PTA Risk
Based on 786 resolved cases by this examiner. Grant probability derived from career allow rate.

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