Prosecution Insights
Last updated: August 14, 2026
Application No. 18/688,833

METHOD OF FORMING EPITAXIAL SEMICONDUCTOR LAYER AND METHOD OF MANUFACTURING SEMICONDUCTOR DEVICE USING THE SAME

Non-Final OA §103§112
Filed
Mar 04, 2024
Priority
Sep 07, 2021 — RE 10-2021-0119365 +1 more
Examiner
KIM, SU C
Art Unit
2899
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Rnr Lab Inc.
OA Round
1 (Non-Final)
78%
Grant Probability
Favorable
1-2
OA Rounds
4m
Est. Remaining
66%
With Interview

Examiner Intelligence

Grants 78% — above average
78%
Career Allowance Rate
711 granted / 916 resolved
+9.6% vs TC avg
Minimal -12% lift
Without
With
+-11.9%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
30 currently pending
Career history
960
Total Applications
across all art units

Statute-Specific Performance

§101
0.2%
-39.8% vs TC avg
§103
59.4%
+19.4% vs TC avg
§102
23.8%
-16.2% vs TC avg
§112
6.4%
-33.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 916 resolved cases

Office Action

§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 . 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. Claims 1, 15 & 20 are 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. In claim 1, reciting “ - - a step for forming a heating layer which may be heated - - “ is indefinite as it is unclear as to whether the limitations following the phrase are or are not required by the claim. In claim 15, reciting “ - - a step for forming a heating layer which may be heated - - “ is indefinite as it is unclear as to whether the limitations following the phrase are or are not required by the claim. In claim 20, reciting “- - a step for forming a heating layer which may be heated - -“ is indefinite as it is unclear as to whether the limitations following the phrase are or are not required by the claim. 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. 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 & 6-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tanaka et al. (US 20080214021) in view of Seddon (US 20200411380). Regarding claim 1, Tanaka discloses that a method for forming an epitaxial semiconductor layer comprising: a step for providing a crystallization base member 100 (para. 0058); a step for forming a semiconductor layer 102 having one of an amorphous structure and a polycrystalline structure (para. 0062) in contact with the crystallization base member 100 (Fig. 1A); a step for forming a heating layer 103 which may be heated by a laser on the semiconductor layer (Fig. 1A-1B); a step for melting the semiconductor layer by heating the heating layer by irradiating a laser to the heating layer (Fig. 1B); and a step for forming a single crystallized epitaxial semiconductor layer from the semiconductor layer through single crystallization of the semiconductor layer according to the single crystalline structure of the crystallization base member by cooling the molten semiconductor layer (Fig. 1C). Tanaka fails to specify that a crystallization base (a substrate) member having a single crystal structure. However, Seddon suggests that a crystallization base member can be a single crystal structure (para. 0044). Therefore, it would have been obvious to one of ordinary skill in the art before effective filing date of applicant(s) claimed invention was made to provide Tanaka with a crystallization base (a substrate) member having a single crystal structure as taught by Seddon in order to enhance variation of semiconductor substrate (para. 0044) and also, the claim would have been obvious because the substitution of one know element for another would have yielded predictable results to one of ordinary skill in the art at the time of the invention. Reclaim 2, Tanana & Seddon disclose that the crystallization base member includes any one of a single crystal silicon, a single crystal silicon germanium, and a single crystal germanium (Seddon, para. 0044). Reclaim 3, Tanana & Seddon disclose that the semiconductor layer includes any one of a silicon, a silicon germanium, a germanium, a silicon carbide, GaAs, InGaAs, InAs, and InSb (Tanaka, para. 0061). Reclaim 6, Tanana & Seddon disclose that the heating layer has a thickness of 0.02 µm to 11 um (Tanaka, Fig. 1A). Reclaim 7, Tanana & Seddon disclose that the laser irradiated to the heating layer has a wavelength of 0.02 µm to 11 /um (Tanaka, Fig. 1A). Reclaim 8, Tanana & Seddon disclose that a step for forming a passivation layer on the heating layer, and wherein the laser is irradiated to the heating layer through the passivation layer (Tanaka, Fig. 1A, para. 0065). Claim(s) 4-5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tanaka et al. (US 20080214021) in view of Seddon (US 20200411380) and further in view of Okumura (US 3.91747). Reclaim 4, Tanana & Seddon fail to teach that the heating layer includes at least one of metal and metal compounds. However, Okumura suggests that the heating layer 5 includes at least one of metal and metal compounds (“ A catalyst element such as Ni, Pt, Pd, Co, Fe, Cu, Au, Ag, or Cr for accelerating crystallization of the a-Si film is doped into the cap film 5)”. Therefore, it would have been obvious to one of ordinary skill in the art before effective filing date of applicant(s) claimed invention was made to provide Tanana & Seddon with the heating layer includes at least one of metal and metal compounds as taught by Okumura in order to enhance accelerating crystallization of an a-Si and also, the claim would have been obvious because a particular know technique was recognized as part of the ordinary capabilities of one skilled in the art. Reclaim 5, Tanana, Seddon, & Okumura disclose that the heating layer includes at least any one of TiN, Ti, TiSi, Ta, TaN, Co, CoSi, Ni, NiSi, Ru, W, WSi, Cu, Re, Mo, Nb, and Cr (Okumura). Allowable Subject Matter Claims 15-17 & 19-23 are allowed over Tanana in view of Seddon, if applicant overcomes the 112 rejections above. Reasons for Allowance The following is an examiner’s statement of reasons for allowance: After further search and consideration, the prior art neither anticipated nor renders obvious the claimed subject matter of the instant application as a whole either taken alone or in combination. The prior art does not teach or render obvious “- -a step for forming a mask layer on the crystallization base member having at least one opening exposing a portion of the crystallization base member; a step for forming a semiconductor layer having any one of an amorphous structure and a polycrystalline structure to fill the opening on the crystallization base member exposed by the opening; a step for forming a heating layer which may be heated by a laser on the semiconductor layer; a step for melting the semiconductor layer by heating the heating layer by irradiating a laser to the heating layer; a step for forming a single crystallized epitaxial semiconductor layer from the semiconductor layer through single crystallization of the semiconductor layer according to the single crystalline structure of the crystallization base member by cooling the molten semiconductor layer - -” with combination of the other limitations as recited in claim 15. Furthermore, the prior art does not teach or render obvious “- - wherein the crystallization base member is formed in a patterned layer structure having at least one opening exposing a portion of the underlying layer; a step for forming a semiconductor layer having any one of an amorphous structure and a polycrystalline structure to fill the opening on the underlying layer exposed by the opening; a step for forming a heating layer which may be heated by a laser on the semiconductor layer ” with combination of the other limitations as recited in claim 20. Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.” Claims 10-13 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 SU C KIM whose telephone number is (571)272-5972. The examiner can normally be reached M-F 9:00 to 5:00. 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, Dale Page can be reached at 571-270-7877. 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. /SU C KIM/ Primary Examiner, Art Unit 2899
Read full office action

Prosecution Timeline

Mar 04, 2024
Application Filed
Jul 24, 2026
Non-Final Rejection mailed — §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
78%
Grant Probability
66%
With Interview (-11.9%)
2y 9m (~4m remaining)
Median Time to Grant
Low
PTA Risk
Based on 916 resolved cases by this examiner. Grant probability derived from career allowance rate.

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