Prosecution Insights
Last updated: October 01, 2026
Application No. 18/789,172

SEMICONDUCTOR DEVICE STRUCTURE WITH HYBRID FINS

Non-Final OA §102§103§112
Filed
Jul 30, 2024
Priority
May 16, 2018 — CIP of 10/756,089 +2 more
Examiner
YEMELYANOV, DMITRIY
Art Unit
2891
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Taiwan Semiconductor Manufacturing Company, Ltd.
OA Round
1 (Non-Final)
74%
Grant Probability
Favorable
1-2
OA Rounds
5m
Est. Remaining
94%
With Interview

Examiner Intelligence

Grants 74% — above average
74%
Career Allowance Rate
425 granted / 572 resolved
+6.3% vs TC avg
Strong +19% interview lift
Without
With
+19.2%
Interview Lift
resolved cases with interview
Typical timeline
2y 7m
Avg Prosecution
40 currently pending
Career history
611
Total Applications
across all art units

Statute-Specific Performance

§101
0.3%
-39.7% vs TC avg
§103
56.4%
+16.4% vs TC avg
§102
21.9%
-18.1% vs TC avg
§112
20.0%
-20.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 572 resolved cases

Office Action

§102 §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 . Election/Restrictions Applicant’s election without traverse of Species A (Fig. 27K, Claims 1-20) in the reply filed on 07/02/2026 is acknowledged. 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 1-10 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. Claim 1 recites “the semiconductor structure passes through a top and a bottom of at least one of the nanostructures” the metes and bounds of this limitation cannot be determined. Two mutually exclusive construction are available. Where the semiconductor structure physically traverses the body of a nanostructure, entering its top surface and exiting at its bottom surface or the semiconductor structure merely spans, in a vertical direction, the height levels occupied by the top and bottom surfaces of a nanostructure, without physical intersection. For the purposes of examination, the examiner will treat claim met as long as at least one nanostructure and semiconductor structure are next to each other. Claims 2-9 are rejected as being dependent on Claim 1 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. Claim(s) 1-7, 9, 11, 12, 14, 16, 18 and 19 is/are rejected under 35 U.S.C. 102(A1) as being anticipated by Ching et al. (US 20170005195 A1). Regarding Claim 1, Ching (Fig. 20-49) discloses a semiconductor device structure, comprising: a substrate (202); a plurality of nanostructures (left bottom and middle 306) over the substrate (202); a semiconductor structure (entire right 306 column) over the substrate (202), wherein the semiconductor structure (right 306 column) passes through a top and a bottom of at least one of the nanostructures (left bottom 306); an isolation structure (602) surrounding a lower portion (a fin extending from 202 under right 306 column surrounded by 602) of the semiconductor structure (right 306 column); and a metal gate stack (4710, 4706) wrapped around the nanostructures (left 306) and a portion of the semiconductor structure (right 306), wherein the metal gate stack comprises a gate dielectric layer (4706), the gate dielectric layer has a first portion wrapped around a bottommost nanostructure (bottom most left 306) of the nanostructures (left 306) and a second portion extending along a top surface of the isolation structure (602), and the first portion is in direct contact with the second portion. (See Fig. 36, 49A) Regarding Claim 2, Ching (Fig. 20-49) discloses the semiconductor device structure as claimed in claim 1, wherein topmost surfaces of the nanostructures (left bottom and middle 306) and the semiconductor structure (right 306 column) are at different height levels. (Fig. Regarding Claim 3, Ching (Fig. 20-49) discloses the semiconductor device structure as claimed in claim 1, wherein a topmost surface of the nanostructures (left bottom and middle 306) is closer to the substrate (202) than a topmost surface of the semiconductor structure (right 306 column). Regarding Claim 4, Ching (Fig. 20-49) discloses the semiconductor device structure as claimed in claim 1, wherein the metal gate stack (4710,4706) further comprises a work function layer, and the work function layer is prevented from being between a bottommost surface of the nanostructures and the substrate by the gate dielectric layer. Regarding Claim 5, Ching (Fig. 20-49) discloses the semiconductor device structure as claimed in claim 1, wherein the semiconductor structure (right 306 column) comprises a protruding portion (portion of 202 and 306 above 602) above the lower portion of the semiconductor structure (a fin extending from 202 under right 306 column surrounded by 602). Regarding Claim 6, Ching (Fig. 20-49) discloses the semiconductor device structure as claimed in claim 5, wherein a bottommost surface of the nanostructures (left bottom and middle 306) is as high as a bottommost surface of the protruding portion of the semiconductor structure (right 306 column). Regarding Claim 7, Ching (Fig. 20-49) discloses the semiconductor device structure as claimed in claim 5, wherein the metal gate stack (4710,4706) is wrapped around the protruding portion of the semiconductor structure (right 306 column). Regarding Claim 9, Ching (Fig. 20-49) discloses the semiconductor device structure as claimed in claim 8, wherein the gate dielectric layer (4706) is in direct contact with a bottommost surface of the protruding portion of the semiconductor structure (portion of 202 and 306 above 602) and a topmost surface of the lower portion of the semiconductor structure (a fin extending from 202 under right 306 column surrounded by 602). Regarding Claim 11, Ching (Fig. 20-49) discloses a semiconductor device structure, comprising: a substrate (202); a plurality of nanostructures (left bottom and middle 306) over the substrate (202); a semiconductor structure (right 306 column) over the substrate (202), wherein topmost surfaces of the semiconductor structure (right 306 column) and the nanostructures (left bottom and middle 306) are at different height levels (Fig. 20-49); an isolation structure (602) surrounding a lower portion of the semiconductor structure (a fin extending from 202 under right 306 column surrounded by 602) ; and a gate stack (4710, 4706) wrapped around the nanostructures (left bottom and middle 306), wherein the gate stack comprises a gate dielectric layer (4706), and the gate dielectric layer is continuously wrapped around a bottommost nanostructure (bottom left 306) of the nanostructures and extending along a top surface of the isolation structure (706). Regarding Claim 12, Ching (Fig. 20-49) discloses the semiconductor device structure as claimed in claim 11, wherein the gate stack (4710, 4706) is wrapped around the semiconductor structure (right 306 column). Regarding Claim 14, Ching (Fig. 20-49) discloses the semiconductor device structure as claimed in claim 13, wherein the semiconductor structure comprises a protruding portion (portion of 202 above 602), a portion of the gate dielectric layer (4706) is between the protruding portion and the lower portion of the semiconductor structure. (portion of 202 above 602) Regarding Claim 16, Ching (Fig. 20-49) discloses a semiconductor device structure, comprising: a substrate (202); a plurality of nanostructures (left bottom and middle 306) over the substrate (202); a semiconductor fin (a fin extending from 202 under left 306 surrounded by 602) between the substrate (202) and the nanostructures (left bottom and middle 306); an isolation structure (602) laterally surrounding a lower portion of the semiconductor fin (a fin extending from 202 under right 306 column surrounded by 602), wherein the semiconductor fin (a fin extending from 202 under right 306 column surrounded by 602) has a protruding portion protruding (portion of 202 above 602) above a top surface of the isolation structure (602); and a gate stack (4710, 4706) wrapped around the nanostructures, wherein the gate stack (4710, 4706) comprises a gate dielectric layer (4706), and the gate dielectric layer (4706) continuously extends along a bottommost nanostructure of the nanostructures (left bottom 306) and the protruding portion of the semiconductor fin (portion of 202 above 602). Regarding Claim 18, Ching (Fig. 20-49) discloses the semiconductor device structure as claimed in claim 16, further comprising a semiconductor structure (right 306 column) over the substrate (202), wherein the gate stack (4710, 4706) is wrapped around the semiconductor structure (right 306 column). Regarding Claim 19, Ching (Fig. 20-49) discloses the semiconductor device structure as claimed in claim 18, wherein a topmost surface of one nanostructure of the nanostructures (left middle 306) is vertically between a topmost surface and a bottommost surface of the semiconductor structure (right 306 column). 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(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ching et al. (US 20170005195 A1) view of Xie et al. (US 10,332,803 B1) Regarding Claim 10, Ching (Fig. 20-49) discloses the semiconductor device structure as claimed in claim 1, wherein Ching does not explicitly disclose a continuous portion of the semiconductor structure passes through a top and a bottom of each of the nanostructures. Xie (Fig. 23) discloses a continuous portion of a semiconductor structure (1350) passes through a top and a bottom of each of the nanostructures (1320). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the semiconductor device structure in Ching in view of Xie such that a continuous portion of the semiconductor structure passes through a top and a bottom of each of the nanostructures in order to have fins with a greater height than nanosheet stack for adjusting channel space [column 15, lines 10-27] Claim(s) 8, 13, 15 and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ching et al. (US 20170005195 A1). Regarding Claim 8, Ching (Fig. 20-49) discloses the semiconductor device structure as claimed in claim 7 Ching does not explicitly disclose the metal gate stack further comprises a work function layer, and the work function layer is prevented from being between a bottommost surface of protruding portion of the semiconductor structure and the substrate by the gate dielectric layer. However, Ching discloses multilayer metal gate stack comprising work function metal layer [0062] and that dielectric layer occupies the space between a bottommost surface of protruding portion of the semiconductor structure and substrate (202) It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the semiconductor device structure in Ching such that the metal gate stack further comprises a work function layer, and the work function layer is prevented from being between a bottommost surface of protruding portion of the semiconductor structure and the substrate by the gate dielectric layer in order to provide a suitable work function for a device type (N or P) [0100, 0118] Regarding Claim 13, Ching (Fig. 20-49) discloses the semiconductor device structure as claimed in claim 11, wherein Ching does not explicitly disclose the gate stack further comprises a work function layer, the gate dielectric layer is between the nanostructures and the work function layer, and the work function layer is prevented from being between a bottommost surface of the nanostructures and the substrate by the gate dielectric layer. However, Ching discloses multilayer metal gate stack comprising work function metal layer [0062] and that dielectric layer occupies the space between a bottommost surface of the nanostructures and the substrate by the gate dielectric layer. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the semiconductor device structure in Ching such that the gate stack further comprises a work function layer, the gate dielectric layer is between the nanostructures and the work function layer, and the work function layer is prevented from being between a bottommost surface of the nanostructures and the substrate by the gate dielectric layer in order to provide a suitable work function for a device type (N or P) [0100, 0118] Regarding Claim 15, Ching (Fig. 20-49) discloses the semiconductor device structure as claimed in claim 14. Ching does not explicitly disclose the work function layer is prevented from being between a bottommost surface of the protruding portion of the semiconductor structure and the substrate by the gate dielectric layer. However, Ching discloses multilayer metal gate stack comprising work function metal layer [0062] and that dielectric layer occupies the space between a bottommost surface of the protruding portion of the semiconductor structure and the substrate by the gate dielectric layer. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the semiconductor device structure in Ching such that the work function layer is prevented from being between a bottommost surface of the protruding portion of the semiconductor structure and the substrate by the gate dielectric layer in order to provide a suitable work function for a device type (N or P) [0100, 0118] Regarding Claim 17, Ching (Fig. 20-49) discloses a semiconductor device structure as claimed in claim 16, wherein Ching does not explicitly disclose the gate stack further comprises a work function layer, the gate dielectric layer is between the work function layer and the nanostructures, and the work function layer is prevented from being between a bottommost surface of the nanostructures and the semiconductor fin by the gate dielectric layer. However, Ching discloses multilayer metal gate stack comprising work function metal layer [0062] and that dielectric layer occupies the space between a bottommost surface of the nanostructures and the semiconductor fin by the gate dielectric layer.. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the semiconductor device structure in Ching such that he gate stack further comprises a work function layer, the gate dielectric layer is between the work function layer and the nanostructures, and the work function layer is prevented from being between a bottommost surface of the nanostructures and the semiconductor fin by the gate dielectric layer in order to provide a suitable work function for a device type (N or P) [0100, 0118]. Allowable Subject Matter Claim 20 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. With regards to claim 20, none of the prior art teaches or suggests, alone or in combination “a second semiconductor fin between the substrate and the semiconductor structure, wherein the gate dielectric layer completely fills a gap between the second semiconductor fin and the semiconductor structure.” in the combination required by the claim. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Rodder et al. (US 2018/0114727 A1) discloses GAA nanostructures with gate dielectric between substrate and bottom most nanostructure. Any inquiry concerning this communication or earlier communications from the examiner should be directed to DMITRIY YEMELYANOV whose telephone number is (571)270-7920. The examiner can normally be reached M-F 9a.m.-6p.m. 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, Matthew Landau can be reached at (571) 272-1731. 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. /DMITRIY YEMELYANOV/Examiner, Art Unit 2891
Read full office action

Prosecution Timeline

Jul 30, 2024
Application Filed
Sep 22, 2026
Non-Final Rejection mailed — §102, §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
74%
Grant Probability
94%
With Interview (+19.2%)
2y 7m (~5m remaining)
Median Time to Grant
Low
PTA Risk
Based on 572 resolved cases by this examiner. Grant probability derived from career allowance rate.

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