Prosecution Insights
Last updated: October 26, 2026
Application No. 18/670,794

SEMICONDUCTOR DEVICE AND METHOD OF FABRICATING THE SAME

Non-Final OA §102§103
Filed
May 22, 2024
Priority
Nov 10, 2023 — RE 10-2023-0155754
Examiner
DIAZ, JOSE R
Art Unit
2815
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Samsung Electronics Co., Ltd.
OA Round
1 (Non-Final)
87%
Grant Probability
Favorable
1-2
OA Rounds
0m
Est. Remaining
95%
With Interview

Examiner Intelligence

Grants 87% — above average
87%
Career Allowance Rate
842 granted / 968 resolved
+19.0% vs TC avg
Moderate +8% lift
Without
With
+7.9%
Interview Lift
resolved cases with interview
Typical timeline
2y 5m
Avg Prosecution
18 currently pending
Career history
991
Total Applications
across all art units

Statute-Specific Performance

§101
0.4%
-39.6% vs TC avg
§103
42.2%
+2.2% vs TC avg
§102
34.1%
-5.9% vs TC avg
§112
8.4%
-31.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 968 resolved cases

Office Action

§102 §103
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 § 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. Claims 1-2, 8-10, and 18-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by An et al. (US 2021/0028286). PNG media_image1.png 680 924 media_image1.png Greyscale Regarding claim 1, An discloses a semiconductor device [Fig. 25], comprising: a substrate (100) comprising a first active region (N) and a second active region (P) [Fig. 25]; a first gate conductive pattern (225a) that extends conformally in a first recess (101b) in the first active region (N) [Fig. 25]; and a second gate conductive pattern (consider the stack of layers 216a and 225a) that at least partially fills a second recess (101a) in the second active region (P) [Fig. 25], wherein the first gate conductive pattern (225a) has a first thickness (consider the thickness of the stack comprising layers 222a and 224a) in a horizontal direction on an inner lateral surface of the first recess (101b) [Fig. 25], wherein the second gate conductive pattern (216a/225a) has a second thickness (consider the thickness of the stack comprising layers 216a and 225a) in the horizontal direction on an inner lateral surface of the second recess [Fig. 25], and wherein the first thickness (thickness comprising layers 222a and 224a) is less than the second thickness (thickness comprising layers 216a, 222a and 224a) [Fig. 25]. Regarding claim 2, An discloses wherein a first work function (consider 222a comprising La) of the first gate conductive pattern (225a) is less than a second work function of the second gate conductive pattern (216a and/or 224a comprising TiN) [Fig. 25, and paragraphs 0038-0041, 0149, 0151 and 0169]. Regarding claim 8, An discloses a first gate dielectric pattern (214a) between the first recess (101b) and the first gate conductive pattern (225a) [Fig. 25]; and a second gate dielectric pattern (214a) between the second recess (101a) and the second gate conductive pattern (216a/225a) [Fig. 25], wherein the first and second gate dielectric patterns (214a, which is similar to layer 104a) include a high-k material [paragraph 0035]. Regarding claim 9, An discloses wherein the first and second gate dielectric patterns are free of one or more of lanthanum (La) and aluminum (Al) [paragraph 0035]. Regarding claim 10, An discloses a lower gate electrode (228a) on the first gate conductive pattern, wherein the lower gate electrode at least partially fills the first recess (101b) [Fig. 25]. In addition, An discloses an additional embodiment in which a lower gate electrode layer (226a) is provided [Figs. 19 and 25, and paragraphs 0160, 0162, 0179, 0186 and 0190]. Regarding claim 13, An discloses a semiconductor device, comprising: a substrate (100) comprising a first active region (N) and a second active region (P) [Fig. 25]; a first gate conductive pattern (consider the embodiment in which layer 216a is not removed from Figure 25, resulting in a stacked structure comprising layers 216a and 225a) that extends conformally in a first recess (101b) of the first active region (N) [Figs. 19 and 25, paragraphs 0160, 0162, 0179, 0186, and 0190]; and a second gate conductive pattern (216a/225a) that at least partially fills a second recess (101a) of the second active region [Fig. 25], wherein the first gate conductive pattern (216a/225a) comprises a first p-type conductive pattern (216a: TiN) and a first n-type conductive pattern (222a: La) that are sequentially stacked and extend conformally in the first recess (101b) [Figs. 19 and 25, paragraphs 0038-0041, 0149, 0151, 0169, 0186 and 0190], wherein the second gate conductive pattern (216a/225a) comprises a second p-type conductive pattern (216a) that extends conformally in the second recess (101a) of the second active region (P) and a second n-type conductive pattern (222a) that is on the second p-type conductive pattern and at least partially fills a portion of the second recess that is unoccupied by the second p-type conductive pattern [Figs. 19 and 25, paragraphs 0038-0041, 0149, 0151, 0169, 0186 and 0190], and wherein a first work function (consider 222a comprising La) of the first gate conductive pattern (216a/225a) is less than a second work function (216a and/or 224a comprising TiN) of the second gate conductive pattern (216a/225a) [Figs. 19 and 25, and paragraphs 0038-0041, 0149, 0151, 0169, 0186 and 0190]. Regarding claim 16, An discloses a lower gate electrode on the first gate conductive pattern (228a), wherein the lower gate electrode at least partially fills the first recess (101b) [Fig. 25]. In addition, An discloses an additional embodiment in which a lower gate electrode layer (226a) is provided [Figs. 19 and 25, and paragraphs 0160, 0162, 0179, 0186 and 0190]. Regarding claim 18, An discloses a semiconductor device, comprising: a substrate (100) [Fig. 25] comprising a cell area and a peripheral area [paragraph 0050], the substrate comprising a first active region (N) and a second active region (P) on the peripheral area [Fig. 25 and paragraph 0050]; a first gate conductive pattern (225a) that extends conformally in a first recess (101b) in the first active region (N) [Fig. 25]; a second gate conductive pattern (216a/225a) that at least partially fills a second recess (101a) in the second active region (P) [Fig. 25]; first and second lower gate electrodes (228a and/or 226a) on the first and second gate conductive patterns, respectively [Figs. 19 and 25, and paragraphs 0162, 0179, 0186 and 0190]; first and second upper gate electrodes (232a) on the first and second lower gate electrodes, respectively [Fig. 25]; first and second barrier patterns (230a) between the first and second lower gate electrodes and the first and second upper gate electrodes, respectively [Fig. 25]; and first and second capping patterns (234) on top surfaces of the first and second upper gate electrodes, respectively [Fig. 25] wherein the first gate conductive pattern (225a) has a first thickness (consider the thickness of the stack comprising layers 222a and 224a) in a horizontal direction on an inner lateral surface of the first recess (101b) [Fig. 25], wherein the second gate conductive pattern (216a/225a) has a second thickness (consider the thickness of the stack comprising layers 216a and 225a) in the horizontal direction on an inner lateral surface of the second recess [Fig. 25], and wherein the first thickness (thickness comprising layers 222a and 224a) is less than the second thickness (thickness comprising layers 216a, 222a and 224a) [Fig. 25]. Regarding claim 19, An discloses wherein a first work function (consider 222a comprising La) of the first gate conductive pattern (225a) is less than a second work function of the second gate conductive pattern (216a and/or 224a comprising TiN) [Fig. 25, and paragraphs 0038-0041, 0149, 0151 and 0169]. 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. Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over An et al. (US 2021/0028286) in view of Mihara (US 2020/0403073). Regarding claim 3, An does not disclose wherein each of the first and second gate conductive patterns includes one or more of titanium carbide (TiC) and titanium nitride (TiN) that includes carbon (C). Mihara teaches wherein each of the first and second gate conductive patterns (MF,MF1,MF3) includes one or more of titanium carbide (TiC) and titanium nitride (TiN) that includes carbon [Figs. 27-28 and paragraphs 0182-0187]. Therefore, one of ordinary skill in the art, before the effective filing date of the claimed invention, would have been motivated to modify An by including one or more of titanium carbide (TiC) and titanium nitride (TiN) that includes carbon (C) as taught by Mihara because it helps to adjust the threshold voltage of the device [paragraph 0186]. Allowable Subject Matter Claims 13-17 are allowed. Claims 4-7, 11-12, and 20 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. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSE R DIAZ whose telephone number is (571)272-1727. The examiner can normally be reached Monday-Friday. 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, Joshua Benitez can be reached at 571-270-1435. 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. /Jose R Diaz/Primary Examiner, Art Unit 2815
Read full office action

Prosecution Timeline

May 22, 2024
Application Filed
Sep 30, 2026
Non-Final Rejection mailed — §102, §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12770798
THIN FILM CAPACITORS
4y 1m to grant Granted Oct 20, 2026
Patent 12772855
SEMICONDUCTOR DEVICE PACKAGE AND METHOD OF MANUFACTURING THE SAME
3y 10m to grant Granted Oct 20, 2026
Patent 12772466
SEMICONDUCTOR DEVICE AND MANUFACTURING METHOD THEREOF
3y 3m to grant Granted Oct 20, 2026
Patent 12772912
SEMICONDUCTOR PACKAGE AND METHOD OF MANUFACTURING THE SAME
2y 5m to grant Granted Oct 20, 2026
Patent 12765383
MULTI-CHIP INTEGRATED CIRCUIT DEVICES HAVING RECESSED REGIONS THEREIN THAT SUPPORT HIGH YIELD DICING
3y 9m to grant Granted Oct 13, 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

1-2
Expected OA Rounds
87%
Grant Probability
95%
With Interview (+7.9%)
2y 5m (~0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 968 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