Prosecution Insights
Last updated: October 01, 2026
Application No. 18/788,414

SEMICONDUCTOR STRUCTURE HAVING EPITAXIAL STRUCTURE

Non-Final OA §102
Filed
Jul 30, 2024
Priority
May 30, 2019 — divisional of 11/037,818 +2 more
Examiner
SANDVIK, BENJAMIN P
Art Unit
Tech Center
Assignee
Taiwan Semiconductor Manufacturing Company, Ltd.
OA Round
1 (Non-Final)
77%
Grant Probability
Favorable
1-2
OA Rounds
6m
Est. Remaining
83%
With Interview

Examiner Intelligence

Grants 77% — above average
77%
Career Allowance Rate
903 granted / 1174 resolved
+16.9% vs TC avg
Moderate +6% lift
Without
With
+6.2%
Interview Lift
resolved cases with interview
Typical timeline
2y 8m
Avg Prosecution
29 currently pending
Career history
1188
Total Applications
across all art units

Statute-Specific Performance

§101
0.5%
-39.5% vs TC avg
§103
64.4%
+24.4% vs TC avg
§102
22.7%
-17.3% vs TC avg
§112
6.2%
-33.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1174 resolved cases

Office Action

§102
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 § 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 16, 17, and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Liao et al (U.S. Pub #2018/0033626). With respect to claim 16, Liao teaches a semiconductor structure, comprising: a first fin and a second fin (Fig. 14A, fins 132) on a semiconductor substrate (Fig. 14A, 20); an epitaxial structure (Fig. 14A, 72 and Paragraph 39) on the first fin and the second fin; first spacers (Fig. 14A, outer portions of 36, 50, and/or 68) on opposite sides of the epitaxial structure; and a second spacer under the epitaxial structure and between the first fin and the second fin, wherein the second spacer comprises a first spacer layer (Fig. 14, residual portion of layer 36 between the fins 132) and a second spacer layer (Fig. 14A, residual portions of 50) over the first spacer layer, wherein the first spacer layer has a first horizontal portion (Fig. 14A, portion 36 along bottom surface of trench between fins 132) and first vertical portions connecting the first horizontal portion, and the second spacer layer (Fig. 14A, residual portions of 50) exposes a portion of the first horizontal portion of the first spacer layer (Fig. 14A, portion of 36 is exposed due to the formation of void 74). With respect to claim 17, Liao teaches that a bottom surface of the epitaxial structure is separated from the second spacer by a void (Fig. 14A, 74). With respect to claim 20, Liao teaches the second spacer layer has a non-uniform lateral width. Allowable Subject Matter Claims 1-15 are allowed. The following is an examiner’s statement of reasons for allowance: the best prior art of record does not teach or fairly suggest, along with the other limitations in claim 1: wherein the second spacer comprises a first spacer layer and a second spacer layer over the first spacer layer, wherein a void is enclosed by a bottom surface of the epitaxial structure, top surfaces of the first spacer layer and the second spacer layer and a U-shape profile of the second spacer layer. in claim 8: wherein a bottommost surface of the second spacer layer is higher than a bottommost surface of the first spacer layer, and a bottommost surface of the fourth spacer layer is substantially level with a bottommost surface of the third spacer layer. 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 18-19 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 BENJAMIN P SANDVIK whose telephone number is (571)272-8446. The examiner can normally be reached M-F: 10-6. 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, Davienne Monbleau can be reached at (571)-272-1945. 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. /BENJAMIN P SANDVIK/Primary Examiner, Art Unit 2812
Read full office action

Prosecution Timeline

Jul 30, 2024
Application Filed
Aug 12, 2026
Non-Final Rejection mailed — §102 (current)

Precedent Cases

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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
77%
Grant Probability
83%
With Interview (+6.2%)
2y 8m (~6m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1174 resolved cases by this examiner. Grant probability derived from career allowance rate.

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