Prosecution Insights
Last updated: October 02, 2026
Application No. 18/766,956

SEMICONDUCTOR DEVICE WITH AIR GAP AND METHOD FOR FABRICATING THE SAME

Non-Final OA §112
Filed
Jul 09, 2024
Priority
Jun 21, 2024 — divisional of 18/749,948
Examiner
ALBRECHT, PETER M
Art Unit
2811
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
NANYA TECHNOLOGY Corporation
OA Round
1 (Non-Final)
71%
Grant Probability
Favorable
1-2
OA Rounds
6m
Est. Remaining
75%
With Interview

Examiner Intelligence

Grants 71% — above average
71%
Career Allowance Rate
360 granted / 504 resolved
+3.4% vs TC avg
Minimal +4% lift
Without
With
+3.8%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
22 currently pending
Career history
524
Total Applications
across all art units

Statute-Specific Performance

§101
0.1%
-39.9% vs TC avg
§103
46.7%
+6.7% vs TC avg
§102
18.1%
-21.9% vs TC avg
§112
34.0%
-6.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 504 resolved cases

Office Action

§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 . Information Disclosure Statement The information disclosure statement(s) submitted on December 8, 2025 is/are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement(s) is/are being considered by the examiner. Claim Objections Claim 17 is objected to because of the following informalities: “have” should read “has” (line 3). 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. Claims 11-17 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention. Claim 11 recites the limitation "the word line structure" in line 3. There is insufficient antecedent basis for this limitation in the claim. It is suggested Applicant amend "the word line structure" to "a word line structure". Correction is respectfully requested. Claim 12 is rejected because it depends from claim 11 and therefore inherits the indefiniteness of claim 11. In claim 13, line 2, the limitation “a first bit line spacer” renders the claim indefinite because it is unclear if this element is the same as or different from “a first bit line spacer” previously recited in claim 6, lines 1-2. Clarification is respectfully requested. In claim 13, line 2, the limitation “a sidewall of the bit line structure” renders the claim indefinite because it is unclear if this element is the same as or different from “a sidewall of the bit line structure” previously recited in claim 6, line 2. Clarification is respectfully requested. Claims 14-16 are rejected because they depend, directly or indirectly, from claim 13 and therefore inherit the indefiniteness of claim 13. In claim 17, lines 3-5, the limitation “the second width gradually decreases at positions of increasing distance from the substrate” renders the claim indefinite because according to claim 1 the protrusion is extended downwardly into the drain, and the drain is positioned in the substrate. Therefore, with respect to the protrusion, it is unclear how there can be an increasing distance from the substrate given that the protrusion is located in the substrate. Examiner suggests that the limitation at issue be amended to recite “the second width gradually decreases at positions of increasing distance from a topmost surface of the drain.” Support for the Examiner’s suggested amendment may be found in Applicant’s FIG. 46. Clarification is respectfully requested. Allowable Subject Matter Claims 1-10 are allowed. The following is a statement of reasons for the indication of allowable subject matter: US 2017/0005166 A1 (hereinafter “Park”) appears to be the closest prior art. Regarding claim 1, Park discloses in Figs. 1, 2A and related text a semiconductor device (100; [0030]-[0031]), comprising: a substrate (101; [0031]); a drain (110; [0036] and [0061]) positioned in the substrate; a top dielectric layer (122; [0032]) positioned on the substrate; a cell contact structure comprising: a cell contact bottom conductive layer (118; [0032] and [0043]) positioned in the top dielectric layer and on the drain, wherein the cell contact bottom conductive layer includes a protrusion (118L; [0032]) extended downwardly into the drain; a cell contact top conductive layer (120; [0042]-[0043]) positioned in the top dielectric layer and on the cell contact bottom conductive layer; a cell contact top sealing layer (123; [0046]) positioned in the top dielectric layer and on the cell contact bottom conductive layer; and a first air gap (AL(AG); [0033]) positioned in the top dielectric layer. Park does not disclose the cell contact top sealing layer surrounding the cell contact top conductive layer, and the first air gap surrounding the cell contact bottom conductive layer. Accordingly, claims 1-10 are allowed because the prior art of record, individually or in combination, does not teach or suggest “a cell contact top sealing layer positioned in the top dielectric layer, on the cell contact bottom conductive layer, and surrounding the cell contact top conductive layer; and a first air gap positioned in the top dielectric layer and surrounding the cell contact bottom conductive layer” as recited in independent claim 1. Claims 11-17 would be allowable if claims 11, 13 and 17 were to be amended to overcome the rejections under 35 U.S.C. 112(b) set forth in this Office action. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to PETER M ALBRECHT whose telephone number is (571)272-7813. The examiner can normally be reached M-F 9:30 AM - 6:30 PM (CT). 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, Lynne Gurley can be reached at (571) 272-1670. 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. /PETER M ALBRECHT/Primary Examiner, Art Unit 2811
Read full office action

Prosecution Timeline

Jul 09, 2024
Application Filed
Sep 16, 2026
Non-Final Rejection mailed — §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
71%
Grant Probability
75%
With Interview (+3.8%)
2y 9m (~6m remaining)
Median Time to Grant
Low
PTA Risk
Based on 504 resolved cases by this examiner. Grant probability derived from career allowance rate.

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