Prosecution Insights
Last updated: October 01, 2026
Application No. 18/581,773

SEMICONDUCTOR DEVICE STRUCTURE HAVING HYBRID BOND STRUCTURE WITH AIR GAP AND METHOD OF MANUFACTURING THE SAME

Final Rejection §103
Filed
Feb 20, 2024
Priority
Jan 24, 2024 — divisional of 18/421,049
Examiner
GOODWIN, DAVID J
Art Unit
2817
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
NANYA TECHNOLOGY Corporation
OA Round
2 (Final)
67%
Grant Probability
Favorable
3-4
OA Rounds
7m
Est. Remaining
84%
With Interview

Examiner Intelligence

Grants 67% — above average
67%
Career Allowance Rate
553 granted / 821 resolved
-0.6% vs TC avg
Strong +16% interview lift
Without
With
+16.5%
Interview Lift
resolved cases with interview
Typical timeline
3y 2m
Avg Prosecution
53 currently pending
Career history
892
Total Applications
across all art units

Statute-Specific Performance

§101
0.1%
-39.9% vs TC avg
§103
60.4%
+20.4% vs TC avg
§102
17.8%
-22.2% vs TC avg
§112
18.6%
-21.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 821 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 . Information Disclosure Statement The information disclosure statement (IDS) submitted on 8/5/2026was filed after the mailing date of the non-final rejection on 5/29/2026. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. Claim Status Previous action: claims 1 through 12 rejected Present action: claims 1 through 13 rejected 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. Rejection Note: Italicized and struck through claim limitations indicate limitations that are not explicitly disclosed in the primary reference, but disclosed in the secondary reference(s). Claim(s) 1, 2, 3, 4, 5, and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kuang (US 2015/0108644) in view of Siping (CN11069020, machine translation) Regarding claim 1. Kuang teaches: A semiconductor device structure (fig 11:300; [para 0029]), comprising: a first substrate (fig 11:102; [para 0010]); a passivation layer (fig 11:118; [para 0015]) disposed over the first substrate (fig 11:102; [para 0010]); an interlayer dielectric (fig 11:116; [para 0015]) disposed between the first substrate (fig 11:102; [para 0010]) and the passivation layer (fig 11:118; [para 0015]); a conductive line (fig 11:112; [para 0014]) between the passivation layer (fig 11:118; [para 0015]) and the first substrate (fig 11:102; [para 0010]); a dielectric structure (fig 11:120,220; [para 0027]) disposed over the passivation layer (fig 11:118; [para 0015]); a first conductive layer (fig 11:130; [para 0027]) electrically connected to the conductive line (fig 11:112; [para 0014]); and a second conductive layer (fig 11:230; [para 0027]) disposed over the first conductive layer (fig 11:130; [para 0027])and electrically connected to the conductive line (fig 11:112; [para 0014]) through the first conductive layer (fig 11:130; [para 0027]), wherein the first conductive layer (fig 11:130; [para 0027]) is extended from the interlayer dielectric (fig 11:116; [para 0015]) to the dielectric structure (fig 11:120,220; [para 0027]) through the passivation layer (fig 11:118; [para 0015]), such that the first conductive layer (fig 11:130; [para 0027]) penetrates through the passivation layer (fig 11:118; [para 0015]) into the dielectric structure (fig 11:120,220; [para 0027]); wherein the dielectric structure (fig 11:120,220; [para 0027]) laterally overlapping the first conductive layer (fig 11:130; [para 0027]) . Kuang does not teach an air gap. Siping teaches: the dielectric structure (fig 1:14,24; [page 12]) defines an air gap (fig 1:13,23; [page 10,12]) laterally overlapping the first conductive layer (fig 1:211,221; [page 12]) and spaced apart from the first conductive layer (fig 1:211,221; [page 12]). PNG media_image1.png 310 421 media_image1.png Greyscale It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide an air gap adjacent the conductive structure in order to reduce parasitic capacitance and current leakage (page 8). Regarding claim 2. Kuang in view of Siping teaches the semiconductor device structure of claim 1, further Siping teaches: the air gap (fig 1:13,23; [page 10,12]) laterally overlaps the second conductive layer (fig 1:121,111; [page 9,12]) and is spaced apart from the second conductive layer (fig 1:121,111; [page 9,12]). Regarding claim 3. Kuang in view of Siping teaches the semiconductor device structure of claim 1, further, Kuang teaches: the dielectric structure (fig 11:120,220; [para 0027])comprises a first dielectric layer (fig 11:120; [para 0027])disposed on the passivation layer (fig 11:118; [para 0015]) and a second dielectric layer (fig 11:220; [para 0027]) disposed on the first dielectric layer (fig 11:120; [para 0027]), . Siping teaches: a height of the air gap (fig 1:13,23; [page 10,12]) is equal to an overall thickness of the first dielectric layer (fig 1:24; [page 12]) and the second dielectric layer (fig 1:14; [page 12]). Regarding claim 4. Kuang in view of Siping teaches the semiconductor device structure of claim 3, further, Kuang teaches wherein a sidewall of the first conductive layer (fig 11:130; [para 0027]) continuously extends from the first dielectric layer (fig 11:120; [para 0027]) of the dielectric structure (fig 11:120,220; [para 0027]) to the passivation layer (fig 11:118; [para 0015]). Regarding claim 5. Kuang in view of Siping teaches the semiconductor device structure of claim 1, further, Kuang teaches a vertical dimension of the first conductive layer (fig 11:130; [para 0027]) is greater than a horizontal dimension of the first conductive layer (fig 11:130; [para 0027]). Regarding claim 9. Kuang in view of Siping teaches the semiconductor device structure of claim 1, furter, Kuang teaches: wherein a material (porous dielectric; [para 0015]) of the passivation layer (fig 11:118; [para 0015]) is different from a material (silicon nitride; [para 0017]) of the dielectric structure (fig 11:120,220; [para 0027]). Claim(s) 6, 7, and 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kuang (US 2015/0108644) in view of Siping (CN11069020, machine translation) as applied to claim 1, and further in view of Mrozek (US 2024/0387419) Regarding claim 6. Kuang in view of Siping teaches the semiconductor device structure of claim 1, above. Kuang in view of Siping does not teach the first conductive layer is tapered toward the first substrate. Mrozek teaches: the first conductive layer (fig 3:18; [para 0032]) is tapered toward the first substrate (fig 3:10; [para 0032]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to taper the conductive layer toward the substrate so that the width of the pad can be adjusted during the polishing process (paragraph 38). Regarding claim 7. Kuang in view of Siping in view of Mrozek teaches the semiconductor device structure of claim 6, further, Siping teaches: a second substrate (fig 1:1; [page 9,12]) disposed over the second conductive layer (fig 1:121,111; [page 9,12]); wherein the air gap (fig 1:13,23; [page 10,12]) is enclosed by the second substrate (fig 1:1; [page 9,12]). Mrozek teaches: a second substrate (fig 3:20; [para 0043])disposed over the second conductive layer (fig 3:28; [para 0043]), wherein the second conductive layer (fig 3:28; [para 0043]) is tapered toward the second substrate (fig 3:20; [para 0043]); It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to taper the conductive layer toward the substrate so that the width of the pad can be adjusted during the polishing process (paragraph 38). Regarding claim 8. Kuang in view of Siping in view of Mrozek teaches the semiconductor device structure of claim 7, further, Kuang teaches: the second substrate (fig 11:202,204; [para 0024]) comprises a semiconductor substrate (; [para 0010,0024]). Siping teaches: the second substrate (fig 1:1; [page 9]) comprises a semiconductor substrate (; [page 9]). Claim(s) 10 and 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kuang (US 2015/0108644) in view of Siping (CN11069020, machine translation) as applied to claim 3, and further in view of Katkar (US 2019/0109042) Regarding claim 10. Kuang in view of Siping teaches the semiconductor device structure of claim 3, further, Kuang teaches: the passivation layer (fig 11:118; [para 0015]) , , the first dielectric layer (fig 11:120; [para 0027]). Siping teaches: the air gap (fig 1:13,23; [page 10,12]) comprises a first terminal portion and a neck portion in communication with the first terminal portion, and an aperture of the first terminal portion is different from an aperture of the neck portion, wherein the first terminal portion is formed through the first dielectric layer (fig 1:24; [page 12]). PNG media_image2.png 333 461 media_image2.png Greyscale Kunag in view of Siping does not teach an aperture of the first terminal portion is different from an aperture of the neck portion Katkar teaches: the air gap (fig 3a:302; [para 0042]) comprises a first terminal portion and a neck portion in communication with the first terminal portion, and an aperture of the first terminal portion is different from an aperture of the neck portion, wherein the first terminal portion is formed through the first dielectric layer (fig 3a:102; [para 0042]). PNG media_image3.png 506 698 media_image3.png Greyscale It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide a neck portion having a different aperture than the terminal portions in order to account for the accuracy limitations of device placement stemming from pick-and-place tools, contact grid patterns on the die or wafer surfaces, or dissimilar pad sizes that result in partial overlay and misalignment (paragraph 5). Regarding claim 11 Kunag in view of Siping in view of Katkar teaches the semiconductor device structure of claim 10, further Siping teaches: the air gap (fig 1:13,23; [page 10,12]) further comprises a second terminal portion in communication with the neck portion (fig 1 annotated above), wherein the second terminal portion is formed through the second dielectric layer (fig 1:14; [page 12]). Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kuang (US 2015/0108644) in view of Siping (CN11069020, machine translation) as applied to claim 1, and further in view of Katkar (US 2019/0109042) Regarding claim 12. Kuang in view of Siping teaches the semiconductor device structure of claim 1, above Kuang in view of Siping does not teach the first conductive layer is partially misaligned with the second conductive layer. Katkar teaches: the first conductive layer (fig 3a:106; [para 0040]) is partially misaligned (fig 3a:306; [para 0045]) with the second conductive layer (fig 3a:108; [para 0040]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention for the first conductive layer to be partially misaligned with the second conductive layer due to the accuracy limitations of device placement resulting from pick-and-place tools, contact grid patterns on the die or wafer surfaces, or dissimilar pad sizes that result in partial overlay and misalignment (paragraph 5). Response to Arguments Applicant’s arguments with respect to claim(s) have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Newly applied prior art Kuang (US 2015/0108644) in view of Siping (CN11069020, machine translation) reads on the claims of the application. Conclusion Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID J GOODWIN whose telephone number is (571)272-8451. The examiner can normally be reached Monday - Friday, 11:00 - 19:00. 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. /D.J.G/ Examiner, Art Unit 2817 /Kretelia Graham/Supervisory Patent Examiner, Art Unit 2817
Read full office action

Prosecution Timeline

Feb 20, 2024
Application Filed
May 29, 2026
Non-Final Rejection mailed — §103
Jun 29, 2026
Response Filed
Sep 11, 2026
Final Rejection mailed — §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12751277
SEMICONDUCTOR CHIP WITH STEPPED SIDEWALL, SEMICONDUCTOR PACKAGE INCLUDING THE SAME, AND METHOD OF FABRICATING THE SAME
4y 1m to grant Granted Sep 29, 2026
Patent 12740479
METHOD OF FORMING A DIE STRUCTURE INCLUDING A CONTROLLED THICKNESS LAYER AND AN APPARATUS FOR PERFORMING THE METHOD
3y 8m to grant Granted Sep 15, 2026
Patent 12733179
PROGRAMMABLE HYBRID MEMORY AND CAPACITIVE DEVICE IN A DRAM PROCESS
3y 8m to grant Granted Sep 08, 2026
Patent 12708016
SEMICONDUCTOR DEVICE
3y 7m to grant Granted Aug 11, 2026
Patent 12696462
SEMICONDUCTOR DEVICE AND METHOD FOR MANUFACTURING THE SAME
3y 5m to grant Granted Jul 28, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

Strategy Recommendation AI-generated — please review before filing

Get a prosecution strategy drawn from examiner precedents, rejection analysis, and claim mapping.
Typically takes 5-10 seconds — AI-generated, attorney review required before filing

Prosecution Projections

3-4
Expected OA Rounds
67%
Grant Probability
84%
With Interview (+16.5%)
3y 2m (~7m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 821 resolved cases by this examiner. Grant probability derived from career allowance rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month