Prosecution Insights
Last updated: April 19, 2026
Application No. 18/532,576

INTEGRATED CIRCUIT DEVICE

Non-Final OA §103
Filed
Dec 07, 2023
Examiner
ARMAND, MARC ANTHONY
Art Unit
2813
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Samsung Electronics Co., Ltd.
OA Round
1 (Non-Final)
83%
Grant Probability
Favorable
1-2
OA Rounds
2y 6m
To Grant
87%
With Interview

Examiner Intelligence

Grants 83% — above average
83%
Career Allow Rate
861 granted / 1037 resolved
+15.0% vs TC avg
Minimal +4% lift
Without
With
+3.9%
Interview Lift
resolved cases with interview
Typical timeline
2y 6m
Avg Prosecution
33 currently pending
Career history
1070
Total Applications
across all art units

Statute-Specific Performance

§101
3.2%
-36.8% vs TC avg
§103
57.0%
+17.0% vs TC avg
§102
21.7%
-18.3% vs TC avg
§112
9.7%
-30.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1037 resolved cases

Office Action

§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 . Claim Rejections - 35 USC § 103 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 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. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. Claim(s) 1-3,10-13,15-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lee et al., (Lee) US 2022/0085007 in view of Hong et al., (Hong) US 2022/0302172. Regarding claim 1, Lee shows in FIG. 20, and discloses an integrated circuit device comprising: a substrate (102)[0131] including a first surface and a second surface that are opposite to each other; a fin type active area (FA)[0132) extending in a first direction from the first surface of the substrate a channel structure (NSS has channels)[0128] on an upper surface of the fin type active area (FA) and including a channel region [0128]; a source/drain region (162)[0132] on the upper surface of the fin type active area (FA); a gate line (152M)[0133] on the substrate (102), extending in a second direction that is perpendicular to the first direction, and surrounding the channel structure (NSS); and an isolation structure (172,114) passing vertically through the fin type active area (FA) and at one side of the source/drain region (162), wherein the channel structure, the source/drain region, and the isolation structure are sequentially arranged in the first direction (FIG. 20). Lee differs from the claimed invention because he does not explicitly disclose a device wherein an isolation structure passing vertically through the substrate. Hong shows in FIG. 1B, an isolation structure (110U, 100L) [0042] passing vertically through the substrate (105) and at one side of the source/drain region (112) [0041]. Hong is evidence that ordinary workers skilled in the art would find reasons, suggestions or motivations to modify the device of Lee. Therefore, at the time the invention was made; It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the teaching of Hong in the device of Lee because it will help control stress applied to the channel [0043]. Regarding claim 2, Lee in view of Hong discloses an integrated circuit device wherein the channel structure (NSS) includes a plurality of nano-sheets spaced apart from each other in a vertical direction [0128]. Regarding claim 3, Lee in view of Hong discloses an integrated circuit device wherein a lower surface of the isolation structure (100L) is coplanar with the second surface of the substrate (105) (see Hong). Hong is evidence that ordinary workers skilled in the art would find reasons, suggestions or motivations to modify the device of Lee. Therefore, at the time the invention was made; It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the teaching of Hong in the device of Lee because it will help control stress applied to the channel [0043]. Regarding claim 10, Lee in view of Hong discloses an integrated circuit device, wherein the fin type active area (FA) includes a first fin type active area, the channel structure (NSS) includes a first channel structure, and the second source/drain region (162) includes a first second source/drain region, the integrated circuit device further comprises: a second fin type active area (adjacent fins) extending on the first surface of the substrate in the first direction and spaced apart from the first fin type active area (FA) in the second direction with an isolation layer (114 separating the regions) therebetween; a second channel structure spaced apart from the upper surface of the second fin type active area and including a channel region (NSS); and a second source/drain region on the upper surface of the second fin type active area, wherein the isolation structure (114) at least partially overlaps the second channel structure (NSS) and the second source/drain region in the first direction [0069, claim 16]. Regarding claim 11, Lee in view of Hong discloses an integrated circuit device wherein the isolation structure (114) [Lee, 0098] or (100) includes silicon nitride [Hong, 0043]. Regarding claim 12, Lee shows in FIG. 20, an integrated circuit device comprising: a substrate (102) including a first surface and a second surface that are opposite to each other; a first fin type active area (FA on right side of 114) extending from the first surface of the substrate in a first direction; a first channel structure (NSS) and a second channel structure (NSS showing layers N1-N3) on an upper surface of the first fin type active area and spaced apart from each other in the first direction; a first gate line (152M) on the substrate, extending in a second direction that is perpendicular to the first direction, and surrounding the first channel structure (NSS); a second gate (gate 152M on the left side of 114) line on the substrate (102), extending in the second direction, and surrounding the second channel structure (NSS); a third gate line (152M on the other side) between the first gate line and the second gate line in the first direction; a single diffusion break (SDB) structure (114) passing vertically through the first fin type active area (FA), overlapping the third gate line in the vertical direction, and between the first channel structure (162) and the second channel structure in the first direction; a first source/drain region (162)on the first fin type active area and between the first channel structure and the SDB structure (114) in the first direction; and a second source/drain region (162 on the other side) on the first fin type active area and between the second channel structure and the SDB structure (114) in the first direction. Lee differs from the claimed invention because he does not explicitly disclose a device wherein a single diffusion break (SDB) structure passing vertically through the substrate. Hong shows in FIG. 1B, a single diffusion break (SDB) structure (110U, 100L) [0042] passing vertically through the substrate (105). Hong is evidence that ordinary workers skilled in the art would find reasons, suggestions or motivations to modify the device of Lee. Therefore, at the time the invention was made; It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the teaching of Hong in the device of Lee because it will help control stress applied to the channel [0043]. Regarding claim 13, Lee in view of Hong discloses an integrated circuit device wherein the first channel structure (NSS) and the second channel structure (NSS on the other side) each include a plurality of nano-sheets spaced apart from each other in the vertical direction. Regarding claim 15, Lee in view of Hong discloses an integrated circuit device further comprising: a gate capping layer (190) [0117] covering the third gate line (152M), wherein the SDB structure and the gate capping layer (190) include silicon nitride [0117]. Regarding claim 16, Lee in view of Hong discloses an integrated circuit device wherein the SDB structure (172,174,114) is in contact with the gate capping layer (190). Regarding claim 17, Lee in view of Hong discloses an integrated circuit device wherein the SDB structure (172,114) is spaced apart from the gate capping layer. Regarding claim 18, Lee in view of Hong discloses an integrated circuit device further comprising: a second fin type active area (FA on the other side of 114) on the first surface of the substrate (102), extending in the first direction, and spaced apart from the first fin type active area in the second direction with an isolation layer therebetween (72,114), wherein the SDB structure does not overlap the second fin type active area in the vertical direction. Regarding claim 19, Lee in view of Hong discloses an integrated circuit device further comprising: a second fin type active area (FA) on the first surface of the substrate (102), extending in the first direction, and spaced apart from the first fin type active area (FA) in the second direction with an isolation layer therebetween, wherein the SDB structure (172,114) extends across the first fin type active area and the second fin type active area in the second direction. Claim(s) 4,14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lee in view of Hong as applied to claims 1-3,10-13,15-19, and further in view of Kao et al., (Kao) US 2022/0328659. Regarding claims 4,14, Lee in view of Hong discloses an integrated circuit device wherein a lower surface of the SDB structure (100L) is coplanar with the second surface of the substrate (105). Lee in view of Hong differs from the claimed invention because he does not explicitly disclose a device wherein an upper portion of the isolation structure has a tapered shape of which a horizontal width narrows away from the first surface of the substrate. Kao discloses a device wherein an upper portion of the isolation structure (446,435) has a tapered shape [0098, 0102] of which a horizontal width narrows away from the first surface of the substrate. Kao is evidence that ordinary workers skilled in the art would find reasons, suggestions or motivations to modify the device of Lee in view of Hong. Therefore, at the time the invention was made; It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the teaching of Kao in the device of Lee in view of Hong because it provides a device that does not damaged during the recessing process [0102]. Allowable Subject Matter Claims 5-9 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. Claim 20 is allowed. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARC-ANTHONY ARMAND whose telephone number is (571)272-5178. The examiner can normally be reached 8am-5pm. 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, Steven B Gauthier can be reached at 571-270-0373. 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. MARC - ANTHONY ARMAND Examiner Art Unit 2813 /STEVEN B GAUTHIER/Supervisory Patent Examiner, Art Unit 2813
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Prosecution Timeline

Dec 07, 2023
Application Filed
Mar 05, 2026
Non-Final Rejection — §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
83%
Grant Probability
87%
With Interview (+3.9%)
2y 6m
Median Time to Grant
Low
PTA Risk
Based on 1037 resolved cases by this examiner. Grant probability derived from career allow rate.

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