Prosecution Insights
Last updated: October 23, 2026
Application No. 18/765,097

METHOD FOR PREPARING SEMICONDUCTOR DEVICE STRUCTURE HAVING FEATURES OF DIFFERENT DEPTHS

Non-Final OA §103
Filed
Jul 05, 2024
Priority
Jan 11, 2022 — divisional of 12/154,788
Examiner
MCCALL SHEPARD, SONYA D
Art Unit
Tech Center
Assignee
NANYA TECHNOLOGY Corporation
OA Round
1 (Non-Final)
93%
Grant Probability
Favorable
1-2
OA Rounds
0m
Est. Remaining
96%
With Interview

Examiner Intelligence

Grants 93% — above average
93%
Career Allowance Rate
1114 granted / 1200 resolved
+32.8% vs TC avg
Minimal +4% lift
Without
With
+3.5%
Interview Lift
resolved cases with interview
Fast prosecutor
2y 0m
Avg Prosecution
35 currently pending
Career history
1234
Total Applications
across all art units

Statute-Specific Performance

§101
0.7%
-39.3% vs TC avg
§103
49.8%
+9.8% vs TC avg
§102
33.5%
-6.5% vs TC avg
§112
13.6%
-26.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1200 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 . Specification The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification. 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. Claim(s) 1-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Su et al. US 2022/0415647 in view of Shih et al. US 10147611. Regarding claim 1, Su et al. Figs. 2B-2K and [0012]-[0033] disclose a method for preparing a semiconductor device structure, comprising: forming a target layer 101a, 101b [0013]; forming a first energy-sensitive pattern 104a [0015] over the target layer 101a, 101b; forming a lining layer 105 [0016] covering the first energy-sensitive pattern 104a; forming a second energy-sensitive pattern 106 [0017] over the lining layer 105, wherein the first energy-sensitive pattern 104a and the second energy-sensitive pattern 106 are staggered Fig. 2E; performing an etching process [0018] to form a first opening 119 and a second opening 109 in the target layer 101a, wherein the first opening 119 and the second 109 opening have different depths [0024]-[0032]. Su et al. do not expressly disclose the target layer being formed over a semiconductor substrate; performing a first energy treating process to transform an upper portion of the first energy-sensitive pattern into a first treated portion; and performing a second energy treating process to transform an upper portion of the second energy-sensitive pattern into a second treated portion. Shih et al. Figs. 6-7 and col. 6, lines 25-64 teach a target layer 202 being formed over a semiconductor substrate 200; performing a first energy treating process to transform an upper portion of a first energy-sensitive pattern 212 into a first treated portion 208; and performing a second energy treating process col. 6, lines 45-64 to transform an upper portion 244 of the second energy-sensitive pattern 242 into a second treated portion 244. Therefore, it would have been obvious to person of ordinary skill in the art, before the effective filing date of the claimed invention to incorporate the energy treating processes and the substrate of Shih et al. into the method of Su et al. in order to arrive at the expected result of giving the manufacturer more control over the process of manufacture by introducing more hard mask layers which will change the etching rate while manufacturing the device and allowing for a more structurally sound device by performing the steps on a substrate with reasonable expectation of success. Regarding claim 2, Su et al. in view of Shih et al. teach the method for preparing a semiconductor device structure of claim 1. Shih et al. teach wherein an etching rate of the treated portion 244, 208 is different from an etching rate of the first energy-sensitive pattern 212 during the etching process. (Shih et al. col. 5, lines 28-41 states “...the first sacrificial layer 210 can include organic materials, and the organic materials can include photosensitive material(s) or non-photosensitive material(s), but the disclosure is not limited thereto, The mask layer 208 may provide improved etch selectivity and/or antireflective properties for removing the first sacrificial layer 210,”; antireflective materials and photosensitive materials have different etch rates) Regarding claim 3, Su et al. in view of Shih et al. teach the method for preparing a semiconductor device structure of claim 1. Su et al. Fig. 2J teach wherein the first opening 119 and the second opening 109 are staggered (e.g. first opening 119 and second opening 109 are seen having different depths and being adjacent to each other and are staggered). Regarding claim 4, Su et al. in view of Shih et al. teach the method for preparing a semiconductor device structure of claim 1. Su et al. Fig. 2E teach wherein the second energy-sensitive pattern 106 is separated from the first energy-sensitive pattern 104a by the lining layer 105. Regarding claim 5, Su et al. in view of Shih et al. teach the method for preparing a semiconductor device structure of claim 1. Su et al. Fig. 2D teach wherein a top surface 104t and sidewalls sidewalls of 104a of the first energy-sensitive pattern 104a are covered by the lining layer 105. Regarding claim 6, Su et al. in view of Shih et al. teach the method for preparing a semiconductor device structure of claim 1. Su et al. Fig. 2E teach wherein a bottom surface 106 of the second energy-sensitive pattern 106 is higher than a bottom surface 104a of the first energy-sensitive pattern 104a, and a top surface 106 of the second energy-sensitive pattern 106 is higher than a top surface 104a of the first energy-sensitive pattern 104a. Regarding claim 7, Su et al. in view of Shih et al. teach the method for preparing a semiconductor device structure of claim 1. Su et al. Fig. 2E teach wherein a top surface 104a of the first energy-sensitive pattern 104a is higher than a bottom surface 106 of the second energy-sensitive pattern 106. Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Su et al. in view of Shih et al. as applied to claim 1 above, and further in view of Sandhu et al. US 2008/0299774. Regarding claim 8, Su et al. in view of Shih et al. teach the method for preparing a semiconductor device structure of claim 1. Su et al. in [0015] and [0017] teach wherein the first energy-sensitive pattern 104a and the second energy-sensitive pattern 106 are made of different materials (e.g. Su [0015], "An amorphous silicon (a-Si) layer is formed on the surface 101s of the substrate;" ; the first energy-sensitive pattern is made of amorphous silicon; Su [0017], "...the clapping layer 106 can be a photoresist coating..." the second energy-sensitive pattern is made of a photoresist coating. There are known photoresist materials commonly used in etching processes other than amorphous silicon, so a method using different materials for the first and second energy-sensitive patterns would be obvious). However, Su et al. in view of Shih et al. do not expressly teach a method wherein the lining layer includes an organic polymer material. Sandhu et al. teach Fig. 9 and [0053] a method wherein a lining layer 170 includes an organic polymer material. Therefore, it would have been obvious to person of ordinary skill in the art, before the effective filing date of the claimed invention to substitute the organic polymer lining layer of Sandhu et al. into the method of Su et al. in view of Shih et al. in order to arrive at the expected result of creating a device with a lower cost of manufacture and more resistant to deformation with reasonable expectation of success. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to SONYA D MCCALL-SHEPARD whose telephone number is (571)272-9801. The examiner can normally be reached M-F: 8:30 AM-5:00 PM. 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, Julio J. Maldonado can be reached at (571)272-1864. 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. /Sonya McCall-Shepard/ Primary Examiner, Art Unit 2898
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Prosecution Timeline

Jul 05, 2024
Application Filed
Oct 07, 2026
Non-Final Rejection mailed — §103 (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
93%
Grant Probability
96%
With Interview (+3.5%)
2y 0m (~0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1200 resolved cases by this examiner. Grant probability derived from career allowance rate.

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