Prosecution Insights
Last updated: August 17, 2026
Application No. 18/663,416

SEMICONDUCTOR DEVICE AND METHOD OF MANUFACTURING SEMICONDUCTOR DEVICE

Non-Final OA §102§103§112
Filed
May 14, 2024
Priority
Oct 18, 2023 — RE 10-2023-0139862
Examiner
HALL, VICTORIA KATHLEEN
Art Unit
Tech Center
Assignee
Samsung Electronics Co., Ltd.
OA Round
1 (Non-Final)
84%
Grant Probability
Favorable
1-2
OA Rounds
1m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 84% — above average
84%
Career Allowance Rate
696 granted / 832 resolved
+23.7% vs TC avg
Strong +19% interview lift
Without
With
+19.3%
Interview Lift
resolved cases with interview
Typical timeline
2y 4m
Avg Prosecution
32 currently pending
Career history
855
Total Applications
across all art units

Statute-Specific Performance

§101
0.9%
-39.1% vs TC avg
§103
40.9%
+0.9% vs TC avg
§102
18.6%
-21.4% vs TC avg
§112
32.4%
-7.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 832 resolved cases

Office Action

§102 §103 §112
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 . Priority Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55. Drawings The drawings are objected to because of the following informalities: In Figure 3A, change 190 to 190A. PNG media_image1.png 325 361 media_image1.png Greyscale In Figure 8A, change from 180A to 190B. PNG media_image2.png 332 385 media_image2.png Greyscale In Figure 12C, delete 180A and 190A. They are not present at this stage of the process. PNG media_image3.png 428 615 media_image3.png Greyscale In Figure 12D, delete 180A and 190A. They are not present at this stage of the process. PNG media_image4.png 452 585 media_image4.png Greyscale In Figure 12E, delete 180A and 190A. They are not present at this stage of the process. PNG media_image5.png 424 615 media_image5.png Greyscale Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance. The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, (a) the first and second epitaxial layers of the semiconductor liner layer of claim 5; (b) the first and second silicon epitaxial layers of the semiconductor liner layer claim 12; and (c) the third and fourth epitaxial layers of the first semiconductor liner layer of claim 20, must be shown or the feature(s) canceled from the claim(s). No new matter should be entered. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance. The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: 100 in Figure 12F. PNG media_image6.png 456 710 media_image6.png Greyscale Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance. Specification The disclosure is objected to because of the following informalities: Page 15, paragraph 58, line 2 of the paragraph: Should “gallium” be “boron”? Appropriate correction is required. Claim Objections Claims 3, 5, 6, 8, 9, 13, 17, and 20 are objected to because of the following informalities: Claim 3, line 2: Add a comma after “SiGe”. Claim 5, line 2: Add a comma after “germanium”, and add “the first epitaxial layer”. Claim 5, line 3: Add a comma after “germanium”, and add “the second epitaxial layer”. Claim 6 is objected to for depending from objected-to base claim 5. Claim 8, line 2: After “at least one”, add “selected from the group consisting”, to ensure that this claim is interpreted as a Markush group, if this is what applicants intended. Claim 9 is objected to for depending from objected-to base claim 8. Claim 13, line 2: After “at least one”, add “selected from the group consisting”, to ensure that this claim is interpreted as a Markush group, if this is what applicants intended. Claim 17, line 2: Add a comma after “SiGe”. Claim 20, line 2: Add a comma after “germanium”, and add “the third epitaxial layer”. Claim 20, line 3: Add a comma after “germanium”, and add “the fourth epitaxial layer”. Appropriate correction is required. Claim Rejections - 35 USC § 112 The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. Claim 12 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Regarding claim 12, which depends from claim 10: Claim 10 defines the second epitaxial layer doped with a second conductivity-type second impurity as being included in the semiconductor contact layer. See claim 10, lines 17-18. However, claim 12 includes, in the semiconductor liner layer, a second silicon epitaxial layer doped with the first impurity at a second concentration as the second epitaxial layer. This language is interpreted as placing the second epitaxial layer in the semiconductor liner layer. However, in claim 10, the first impurity (second conductivity-type first impurity) is associated with the first epitaxial layer of the semiconductor liner layer, not the second epitaxial layer of the semiconductor contact layer. Because the language is confusing, claim 12 is rejected as indefinite. Claim Rejections - 35 USC § 102 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 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 1, 4, and 8 are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Yin, U.S. Pat. Pub. No. 2022/0157969, Figures 1-20. PNG media_image7.png 760 662 media_image7.png Greyscale PNG media_image8.png 1386 1044 media_image8.png Greyscale PNG media_image9.png 1316 966 media_image9.png Greyscale Regarding claim 1: Yin Figures 1-20 disclose a semiconductor device comprising: a substrate (202); an active pattern (unnumbered base portion of fin-shaped structure (212)) extending on the substrate (202) in a first direction (X); a plurality of channel layers (208/2080) on the active pattern, the plurality of channel layers (208/2080) spaced apart from each other in a vertical direction (Z) perpendicular to an upper surface of the substrate (202); a gate structure (260) crossing the active pattern, the gate structure (260) surrounding the plurality of channel layers (208/2080) and extending in a second direction (Y), the second direction (Y) being orthogonal to the first direction (X); and source/drain patterns (244) on a region of the active pattern on both sides of the gate structure (260), the source/drain patterns (244) having a semiconductor liner layer (238) connected to each of side surfaces of the plurality of channel layers (208/2080), and a semiconductor filling layer (240) on the semiconductor liner layer (238), wherein the semiconductor liner layer (238) includes silicon-germanium (SiGe) doped with a first conductivity-type impurity (p, boron or gallium), and the semiconductor filling layer (240) includes an epitaxial layer having a germanium (Ge) concentration greater than a Ge concentration of the semiconductor liner layer (238), and the epitaxial layer being doped with Ga. Yin specification ¶¶ 12-40. Regarding claim 4, which depends from claim 1: Yin discloses the semiconductor filling layer (238) overlaps at least a portion of a lowermost channel layer (208/2080) from among the plurality of channel layers (208/2080) in a direction horizontal to the upper surface of the substrate (202). See Yin Figure 20. Regarding claim 8, which depends from claim 1: Yin discloses the first conductivity-type impurity includes at least one of B, Ga, and In. Yin specification ¶ 30. 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 2 and 3 are rejected under 35 U.S.C. 103 as being unpatentable over Yin, and further in view of Kim, U.S. Pat. Pub. No. 2021/0151319, Figures 1, 2A, and 6. PNG media_image10.png 946 892 media_image10.png Greyscale Regarding claim 2, which depends from claim 1: Yin is silent as to the specifics relating the germanium concentration of the semiconductor liner layer and the semiconductor filling layer. Kim Figures 1, 2A, and 6, directed to similar subject matter, discloses the Ge concentration of the semiconductor filling layer (27) is 30-90 at %, Kim specification ¶ 59, which overlaps the claim requirement of a Ge concentration of 70 at % or more. (The Ge concentration of the semiconductor liner layer (24), which is less than the Ge concentration of the semiconductor filling layer (27), id. ¶ 57, is 1-40%, id. ¶ 58.) One having ordinary skill in the art at a time before the effective filing date would be motivated to modify Yin to include the Kim concentration because the modification would have involved the substitution of an equivalent known for the same purpose. Regarding claim 3, which depends from claim 2: Kim discloses the semiconductor filling layer includes Ge, SiGe or GeSn. Id. ¶ 57 (SiGe). Claims 5 and 6 are rejected under 35 U.S.C. 103 as being unpatentable over Yin, and further in view of Cho, U.S. Pat. Pub. No. 2020/0027895, Figures 1, 2A-2D, and 15A-17B. PNG media_image11.png 310 450 media_image11.png Greyscale PNG media_image12.png 1033 856 media_image12.png Greyscale PNG media_image13.png 651 897 media_image13.png Greyscale Regarding claim 5, which depends from claim 1: Yin is silent as to whether the semiconductor liner layer includes first and second epitaxial layers. Cho Figures 1 and 2A-2D, directed to similar subject matter, discloses the semiconductor liner layer (151, 152, 153) includes a first epitaxial layer (151) including germanium having a first concentration and a second epitaxial layer (152) including germanium having a second concentration, the second concentration being greater than the first concentration. Cho specification ¶¶ 31-35, 86-94. One having ordinary skill in the art at a time before the effective filing date would be motivated to modify Yin to include the Kim concentration because the modification would have involved the substitution of an equivalent known for the same purpose. Regarding claim 6, which depends from claim 5: Cho discloses the first concentration of the first epitaxial layer is less than 20%, id. ¶ 33, which overlaps the claim requirement of 5 at % to 20 at %, and the second concentration of the second epitaxial layer is 20-40%, which overlaps the claim requirement of 20 at % to 60 at %, id. ¶ 34. Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Yin, and further in view of Chung, U.S. Pat. Pub. No. 2021/0328020, Figures 2A-11A. PNG media_image14.png 794 963 media_image14.png Greyscale PNG media_image15.png 777 996 media_image15.png Greyscale PNG media_image16.png 768 471 media_image16.png Greyscale Regarding claim 7, which depends from claim 1: Yin is silent as to the presence of a metal-semiconductor compound layer covering the semiconductor liner layer and the semiconductor filling layer; and a contact structure on the metal-semiconductor compound layer. Chung Figures 2A-11A, directed to similar subject matter, discloses a metal-semiconductor compound layer (240) covering the semiconductor liner layer (228) and the semiconductor filling layer (232); and a contact structure (242) on the metal-semiconductor compound layer (240). Chung specification ¶¶ 15-42. One having ordinary skill in the art at a time before the effective filing date would be motivated to modify Yin to include the Chung electrical connection design because the modification would provide an electrical connection to the source/drain regions. Allowable Subject Matter Claims 10, 11, 14-16, 18, and 19 are allowed. Claims 13, 17, and 20 stand objected to for informalities, but would be allowable if the informalities were addressed. Claim 9 is 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, and if the informality in claim 8 was addressed. Claim 12 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action. The following is a statement of reasons for the indication of allowable subject matter: With regard to claim 9: The claim has been found allowable because the prior art of record does not disclose “a concentration distribution of the first conductivity-type impurity from the semiconductor liner layer to the semiconductor filling layer has a peak in a boundary region between the semiconductor liner layer and the semiconductor filling layer”, in combination with the remaining limitations of the claim. With regard to claim 10: The claim has been found allowable because the prior art of record does not disclose “a metal-semiconductor compound layer filling the trenches, the metal-semiconductor compound layer in contact with the semiconductor contact layer”, in combination with the remaining limitations of the claim. With regard to claims 11-15: The claims have been found allowable due to their dependency from claim 10 above. With regard to claim 16: The claim has been found allowable because the prior art of record does not disclose “a second metal-semiconductor compound layer filling the trenches, the second metal-semiconductor compound layer in contact with the semiconductor contact layer”, in combination with the remaining limitations of the claim. With regard to claims 17-20: The claims have been found allowable due to their dependency from claim 16 above. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to VICTORIA KATHLEEN HALL whose telephone number is (571)270-7567. The examiner can normally be reached Monday-Friday, 8 a.m.-5 p.m. 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, Fernando Toledo can be reached at 571-272-1867. 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. /Victoria K. Hall/Primary Examiner, Art Unit 2897
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Prosecution Timeline

May 14, 2024
Application Filed
Jul 15, 2026
Non-Final Rejection mailed — §102, §103, §112 (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
84%
Grant Probability
99%
With Interview (+19.3%)
2y 4m (~1m remaining)
Median Time to Grant
Low
PTA Risk
Based on 832 resolved cases by this examiner. Grant probability derived from career allowance rate.

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