Prosecution Insights
Last updated: October 22, 2026
Application No. 18/790,728

SEMICONDUCTOR STRUCTURE AND METHOD OF MANUFACTURE

Non-Final OA §102§103
Filed
Jul 31, 2024
Priority
Feb 15, 2022 — continuation of 12/144,268
Examiner
PAYEN, MARVIN
Art Unit
2899
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Taiwan Semiconductor Manufacturing Company, Ltd.
OA Round
1 (Non-Final)
77%
Grant Probability
Favorable
1-2
OA Rounds
8m
Est. Remaining
80%
With Interview

Examiner Intelligence

Grants 77% — above average
77%
Career Allowance Rate
367 granted / 474 resolved
+9.4% vs TC avg
Minimal +3% lift
Without
With
+2.8%
Interview Lift
resolved cases with interview
Typical timeline
2y 10m
Avg Prosecution
5 currently pending
Career history
483
Total Applications
across all art units

Statute-Specific Performance

§101
0.6%
-39.4% vs TC avg
§103
61.0%
+21.0% vs TC avg
§102
29.6%
-10.4% vs TC avg
§112
5.8%
-34.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 474 resolved cases

Office Action

§102 §103
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 1-3 and 5-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Radens et al. (2021/0159405, from hereinafter “Radens”). Re Claim 1. Radens discloses Figs. 1-9, a semiconductor structure, comprising: a lower conductive structure (102); an electrode (104) over the lower conductive structure, the electrode comprising: a tip portion (112) having an inner wall and an outer wall; and a base portion; a first dielectric layer (116) over the base portion and in a middle of the inner wall; and a phase change material (124) over the electrode and surrounding the tip portion, wherein the first dielectric layer is between the base portion and the phase change material. Re Claim 2. Radens discloses in Fig. 9, comprising: an upper conductive structure (126) over the phase change material. Re Claim 3. Radens discloses in Fig. 9, wherein the upper conductive structure is separated from the electrode by the phase change material. Re Claim 5. Radens discloses, comprising: a second dielectric layer (110) surrounding the base portion. Re Claim 6. Radens discloses in Fig. 9, wherein the first dielectric layer is over the second dielectric layer. Re Claim 7. Radens discloses, wherein the phase change material comprises germanium-antimony-tellurium [0044]. Re Claim 8. Radens discloses, wherein the electrode comprises a first layer (104) and a second conductive layer (112) over the first conductive layer. Re Claim 9. Radens discloses wherein the second conductive layer defines the inner wall. Re Claim 10. Radens discloses in Fig. 9, wherein: the tip portion defines a closed-loop. Re Claim 11. Radens discloses in Figs. 1-9, a semiconductor structure, comprising: a lower conductive structure (102); an electrode (104) over the lower conductive structure; a first dielectric layer (110) surrounding a sidewall of the electrode; a second dielectric layer (116) over the first dielectric layer and surrounding the sidewall of the electrode; and a phase change material (124) over the second dielectric layer and surrounding the sidewall of the electrode. Re Claim 12. Radens discloses in Fig. 9, wherein the electrode protrudes above a top surface of the second dielectric layer and the phase change material covers the electrode to conceal the electrode. Re Claim 13. Radens discloses in Fig. 9, comprising: an upper conductive structure (126) over the phase change material. Re Claim 14. Radens discloses in Fig. 9, wherein the phase change material separates the upper conductive structure from the electrode. Re Claim 15. Radens discloses in Fig. 9, wherein: the electrode defines a recess; and the second dielectric layer is between the phase change material and a wall of the electrode defining a bottom of the recess. Re Claim 16. Radens discloses in Figs. 1-9, a method, comprising: forming an electrode (104); recessing a portion of the electrode to define a first recess defined by an inner wall of the electrode; forming a first dielectric layer (110) in the first recess (108); and forming a phase change material (124) in the first recess over the first dielectric layer. Re Claim 17. Radens discloses in Figs. 1-9, comprising: forming a second dielectric layer (116) around the electrode prior to recessing the portion of the electrode; and removing a portion of the second dielectric layer after recessing the portion of the electrode to expose a tip portion of the electrode. Re Claim 18. Radens discloses, wherein forming the phase change material (124) comprises forming the phase change material to conceal the tip portion of the electrode. Re Claim 19. Radens discloses, comprising: forming an upper conductive structure (126) over the phase change material, wherein the upper conductive structure is separated from the electrode by the phase change material. Re Claim 20. Radens discloses, comprising: forming a second dielectric layer; and defining a second recess in the second dielectric layer, wherein forming the electrode comprises: forming a first conductive layer in the second recess; and forming a second conductive layer in the second recess over the first conductive layer, wherein recessing the portion of the electrode comprises recessing a portion of the second conductive layer. 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 4 is rejected under 35 U.S.C. 103 as being unpatentable over Radens. Re Claim 4. Radens fails to disclose, wherein, in a cross-section perpendicular to a top surface of the lower conductive structure, the inner wall has a parabolic shape. However, it would have been an obvious matter of design choice to have a parabolic shape, since such a modification would have involved a mere change in the shape of a component. A change in shape is generally recognized as being within the level of ordinary skill in the art. In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966). Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARVIN PAYEN whose telephone number is (571)270-7435. The examiner can normally be reached on Monday-Thursday, Fridays off. 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, Zandra Smith can be reached on (571)272-2429. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /MARVIN PAYEN/Primary Examiner, Art Unit 2899
Read full office action

Prosecution Timeline

Jul 31, 2024
Application Filed
Oct 01, 2026
Non-Final Rejection mailed — §102, §103 (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
80%
With Interview (+2.8%)
2y 10m (~8m remaining)
Median Time to Grant
Low
PTA Risk
Based on 474 resolved cases by this examiner. Grant probability derived from career allowance rate.

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