Prosecution Insights
Last updated: October 01, 2026
Application No. 18/822,607

SEMICONDUCTOR DEVICE MANUFACTURING METHOD

Non-Final OA §103
Filed
Sep 03, 2024
Priority
Feb 14, 2024 — JP 2024-020553
Examiner
CHOWDHARY, NIMARTA KAUR
Art Unit
Tech Center
Assignee
KIOXIA Corporation
OA Round
1 (Non-Final)
100%
Grant Probability
Favorable
1-2
OA Rounds
9m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 100% — above average
100%
Career Allowance Rate
5 granted / 5 resolved
+40.0% vs TC avg
Minimal +0% lift
Without
With
+0.0%
Interview Lift
resolved cases with interview
Typical timeline
2y 10m
Avg Prosecution
34 currently pending
Career history
29
Total Applications
across all art units

Statute-Specific Performance

§101
0.7%
-39.3% vs TC avg
§103
52.2%
+12.2% vs TC avg
§102
21.3%
-18.7% vs TC avg
§112
22.8%
-17.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 5 resolved cases

Office Action

§103
DETAILED ACTION Priority Claim Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55. IDS All references provided in the IDS have been considered. Claim Rejections - 35 USC § 103 The following is a quotation of AIA 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 of this title, 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, 3, 13-14 and 17 are rejected under AIA 35 U.S.C. 103 as being unpatentable over Kim (US 12082416 B2) in view of Xiao (US 20180342390 A1). Re: Independent Claim 1, Kim discloses: A semiconductor device manufacturing method comprising: forming a structure (Kim, assembly; Fig. 6, element 10) including a first surface (Kim, second levels; Fig. 6, element 16, comprising a second material, element 62, Col. 5, lines 35-40) and a second surface (Kim, first levels; Fig. 6, element 14, comprising a first material, element 60, Col. 5, lines 35-40), the first surface containing SiO2 (Kim, Col. 5, lines 40 - 45) and being exposed (Kim, Fig. 6 shows an uncovered portion of element 62, which can be considered exposed), the second surface containing SiN (Kim, Col. 5, lines 40 - 45), being exposed, and provided at a position different from a position of the first surface (Kim, Fig. 6); and selectively forming an insulation part (Kim, third material, protective liner material; Fig. 12B, element 18 and element 68, respectively, can be considered an insulation part) containing SiO2 (Kim, Col. 7, lines 35- 45) on the first surface, Kim further discloses: wherein selectively forming the insulation part on the first surface the various materials, substances, compositions, etc.. described may be formed with any suitable methodologies including ALD, CVD, PVD (Kim, Col. 14, lines 34-39) Kim does not explicitly disclose: performing treatment using a Si precursor and an oxidant, the Si precursor containing an amino group and an alkoxy group, the oxidant containing O2 or H2O. Xiao discloses: performing treatment using a Si precursor (Xiao, silicon precursor, ¶ [0058]) and an oxidant (Xiao, oxygen-containing source, ¶ [0061]), the Si precursor containing an amino group and an alkoxy group (Xiao, ¶ 0042], "In certain embodiments, the alkyl group may have one or more functional groups attached thereto such as, but not limited to, an alkoxy group, a dialkylamino group or combinations thereof, attached thereto" with reference to the Si precursor, ¶ [0040], the dialkylamino is the amino group), the oxidant containing O2 or H2O (Xiao, O2 or H2O, ¶ [0061]). Kim discloses selectively forming the insulation part on the first surface and further discloses that the various materials, substances, compositions, etc.. described can be formed with any suitable methodologies including ALD, CVD, PVD (Kim, Col. 14, lines 34-39). Xiao discloses performing ALD using a Si precursor which may contain an amino group and an alkoxy group and an oxidant containing O2 or H2O among many Si precursors and reactants. Both disclose ALD and are therefore analogous art. In the absence of unexpected results or criticality, it would be obvious to a person of ordinary skill in the art (POSITA) before the effective filing date to use a precursor containing an amino group and an alkoxy group and an oxidant containing O2 or H2O when forming the insulation part of Kim, as such precursors and reactant choices is a matter of design choice or routine optimization with predictable results in the field for tailoring film composition, purity levels, and adjusting impurity levels (Xiao, ¶ [0003]). Re: Dependent Claim 3, Kim and Xiao discloses all the limitations of claim 1 on which this claim depends. Kim, as modified by Xiao, further discloses: wherein the amino group is a dialkylamino group (Xiao, a dialkylamino group, ¶ [0042]). Re: Dependent Claim 13, Kim and Xiao discloses all the limitations of claim 1 on which this claim depends. Kim, as modified by Xiao, further discloses: wherein a temperature of the treatment is 300°C to 600°C (Xiao, ¶ [0038]). Re: Dependent Claim 14, Kim and Xiao discloses all the limitations of claim 1 on which this claim depends. Kim, as modified by Xiao, further discloses: Wherein the treatment is atomic layer deposition (ALD) including repeating an ALD cycle a plurality of times (Xiao, ¶ [0038], ¶ [0067] and ¶ [0073], repeating the steps is repeating the cycle a plurality of times), and the ALD cycle includes supplying gas containing the Si precursor (Xiao, step b, ¶ [0075] " introducing into the reactor at least one silicon precursor having the Formulae A to E described herein"), purging the gas containing the Si precursor (Xiao, step c, ¶ [0076], "purging reactor with purge gas to remove at least a portion of the unabsorbed precursors"), supplying gas containing the oxidant (Xiao, step d. ¶ [0077], " introducing an oxygen-containing plasma source into the reactor"), and purging the gas containing the oxidant (Xiao, step e, ¶ [0078], "purging reactor with purge gas to remove at least a portion of the unreacted oxygen source"). Re: Dependent Claim 17, Kim and Xiao discloses all the limitations of claim 1 on which this claim depends. Kim, as modified by Xiao, further discloses: wherein forming the structure (Kim, assembly; Fig. 5, element 10) includes forming a stacked body (Kim, vertical stack; Fig. 5, element 12) in which first layers containing SiO2 (Kim, second material; Fig. 5, element 62, Col. 5, lines 40 - 45) and second layers containing SiN (Kim, first material; Fig. 5, element 6, Col. 6, lines 40-45) are alternately stacked in a first direction (Kim, Fig. 5, the direction upward from element 17 can be considered a first direction), and forming a hole (Kim, opening; Fig. 6, element 64) penetrating through the stacked body in the first direction (Kim, Col. 6, lines 28-29), and the first surface (Kim, second levels; Fig. 6, element 16, comprising a second material, element 62, Col. 5, lines 35-40) and the second surface (Kim, first levels; Fig. 6, element 14, comprising a first material, element 60, Col. 5, lines 35-40) are exposed on an inner surface of the hole (Kim, Fig. 6). Claim(s) 2 and 4 rejected under AIA 35 U.S.C. 103 as being unpatentable over Kim (US 12082416 B2) in view of Xiao (US 20180342390 A1) and in further view of Gump (US 12221519 B2). Re: Dependent Claim 2, Kim and Xiao discloses all the limitations of claim 1 on which this claim depends. Kim, as modified by Xiao, further discloses: the Si precursor (Xiao, silicon precursor, ¶ [0058]) Kim, as modified by Xiao, does not explicitly disclose: wherein the Si precursor is aminoalkoxysilane or aminoalkoxydisilane, or diisopropylaminotriethoxylsilane. Gump discloses: wherein the Si precursor is aminoalkoxysilane (Gump, amino-alkoxy-silane, Col. 1, lines 56-60) or aminoalkoxydisilane, or diisopropylaminotriethoxylsilane (Gump discloses one of the three options listed). Kim, as modified by Xiao, discloses a Si precursor but does not explicitly disclose this Si precursor to be aminoalkoxysilane or aminoalkoxydisilane, or diisopropylaminotriethoxylsilane. Gump discloses the precursor to be aminoalkoxysilane for use in coating a layer. All references disclose material deposition and are therefore analogous art. In the absence of any unexpected results or criticality, it would be obvious to a POSITA before the effective filing date to use aminoalkoxysilane as a Si precursor, as it is a known precursor in the art, for the predictable result of forming a coating. Re: Dependent Claim 4, Kim, Xiao, and Gump discloses all the limitations of claim 2 on which this claim depends. Kim, as modified by Xiao and Gump, further discloses: wherein the amino group is a dialkylamino group (Xiao, a dialkylamino group, ¶ [0042]). Claim(s) 5 is rejected under AIA 35 U.S.C. 103 as being unpatentable over Kim (US 12082416 B2) in view of Xiao (US 20180342390 A1) and in further view of Fujii (US 20100056711 A1). Re: Dependent Claim 5, Kim and Xiao discloses all the limitations of claim 3 on which this claim depends. Kim, as modified by Xiao, further discloses: the dialkylamino group (Xiao, a dialkylamino group, ¶ [0042]) Kim, as modified by Xiao does not explicitly disclose: wherein the dialkylamino group is a diisopropylamino group. Fujii discloses: wherein the dialkylamino group (Fujii, dialkylamino group, ¶ [0020]) is a diisopropylamino group (Fujii, a di(isopropyl)amino group, ¶ [0020]). Kim, as modified by Xiao, discloses the dialkylamino group but does not explicitly disclose that the dialkylamino group is a diisopropylamino group. Fujii discloses that the diisopropylamino group is within the dialkylamino group. All references disclose chemical reactions and are therefore analogous art. It would be obvious to a POSITA before the effective filing date to use the diisopropylamino group, as it is a known species within the broader group, disclosed by Kim, as modified by Xiao, yielding predictable chemical reaction pathways. Claim(s) 6 is rejected under AIA 35 U.S.C. 103 as being unpatentable over Kim (US 12082416 B2) in view of Xiao (US 20180342390 A1), in further view of Gump (US 12221519 B2) and in further view of Fujii (US 20100056711 A1). Re: Dependent Claim 6, Kim, Xiao, and Gump discloses all the limitations of claim 4 on which this claim depends. Kim, as modified by Xiao and Gump, further discloses: the dialkylamino group (Xiao, a dialkylamino group, ¶ [0042]) Kim, as modified by Xiao and Gump, does not explicitly disclose: wherein the dialkylamino group is a diisopropylamino group. Fujii discloses: wherein the dialkylamino group (Fujii, dialkylamino group, ¶ [0020]) is a diisopropylamino group (Fujii, a di(isopropyl)amino group, ¶ [0020]). Kim, as modified by Xiao and Gump, discloses the dialkylamino group but does not explicitly disclose that the dialkylamino group is a diisopropylamino group. Fujii discloses that the diisopropylamino group is within the dialkylamino group. All references disclose chemical reactions and are therefore analogous art. It would be obvious to a POSITA before the effective filing date to use the diisopropylamino group, as it is a known species within the broader group, disclosed by Kim, as modified by Xiao and Gump, yielding predictable chemical reaction pathways. Claim(s) 7 and 9 is rejected under AIA 35 U.S.C. 103 as being unpatentable over Kim (US 12082416 B2) in view of Xiao (US 20180342390 A1) and in further view of Tawada (US 20050107606 A1). Re: Dependent Claim 7, Kim and Xiao discloses all the limitations of claim 1 on which this claim depends. Kim, as modified by Xiao, further discloses: alkoxy group (Xiao, alkoxy group, ¶ [0042]) Kim, as modified by Xiao does not explicitly disclose: wherein the alkoxy group is a methoxy group or an ethoxy group. Tawada discloses: wherein the alkoxy group (Tawada, alkoxy group, ¶ [0097]) is a methoxy group or an ethoxy group (Tawada, ¶ [0097], "alkoxy group (e.g., methoxy, ethoxy, propoxy, butoxy, trifluoromethoxy, trifluoroethoxy, etc.), Tawada discloses methoxy and ethoxy within the alkoxy group). Kim, as modified by Xiao, discloses the alkoxy group but does not explicitly disclose that the alkoxy group is a methoxy or an ethoxy group. Tawada discloses that the alkoxy group can be methoxy or an ethoxy group. All references disclose chemical reactions and are therefore analogous art. It would be obvious to a POSITA before the effective filing date to use the methoxy or ethoxy group, as it is a known species within the broader group, disclosed by Kim, as modified by Xiao, yielding predictable chemical reaction pathways. Re: Dependent Claim 9, Kim and Xiao discloses all the limitations of claim 3 on which this claim depends. Kim, as modified by Xiao, further discloses: alkoxy group (Xiao, alkoxy group, ¶ [0042]) Kim, as modified by Xiao does not explicitly disclose: wherein the alkoxy group is a methoxy group or an ethoxy group. Tawada discloses: wherein the alkoxy group (Tawada, alkoxy group, ¶ [0097]) is a methoxy group or an ethoxy group (Tawada, ¶ [0097], " alkoxy group (e.g., methoxy, ethoxy, propoxy, butoxy, trifluoromethoxy, trifluoroethoxy, etc.), Tawada discloses methoxy and ethoxy within the alkoxy group). Kim, as modified by Xiao, discloses the alkoxy group but does not explicitly disclose that the alkoxy group is a methoxy or an ethoxy group. Tawada discloses that the alkoxy group can be methoxy or an ethoxy group. All references disclose chemical reactions and are therefore analogous art. It would be obvious to a POSITA before the effective filing date to use the methoxy or ethoxy group, as it is a known species within the broader group, disclosed by Kim, as modified by Xiao, yielding predictable chemical reaction pathways. Claim(s) 8 and 10 are rejected under AIA 35 U.S.C. 103 as being unpatentable over Kim (US 12082416 B2) in view of Xiao (US 20180342390 A1), in further view of Gump (US 12221519 B2) and in further view of Tawada (US 20050107606 A1). Re: Dependent Claim 8, Kim, Xiao, and Gump discloses all the limitations of claim 2 on which this claim depends. Kim, as modified by Xiao and Gump, further discloses: alkoxy group (Xiao, alkoxy group, ¶ [0042]) Kim, as modified by Xiao and Gump do not explicitly disclose: Tawada discloses: wherein the alkoxy group (Tawada, alkoxy group, ¶ [0097]) is a methoxy group or an ethoxy group (Tawada, ¶ [0097], " alkoxy group (e.g., methoxy, ethoxy, propoxy, butoxy, trifluoromethoxy, trifluoroethoxy, etc.), Tawada discloses methoxy and ethoxy within the alkoxy group). Kim, as modified by Xiao and Gump, discloses the alkoxy group but does not explicitly disclose that the alkoxy group is a methoxy or an ethoxy group. Tawada discloses that the alkoxy group can be methoxy or an ethoxy group. All references disclose chemical reactions and are therefore analogous art. It would be obvious to a POSITA before the effective filing date to use the methoxy or ethoxy group, as it is a known species within the broader group, disclosed by Kim, as modified by Xiao and Gump, yielding predictable chemical reaction pathways. Re: Dependent Claim 10, Kim, Xiao, and Gump discloses all the limitations of claim 4 on which this claim depends. Kim, as modified by Xiao and Gump, further discloses: alkoxy group (Xiao, alkoxy group, ¶ [0042]) Kim, as modified by Xiao and Gump do not explicitly disclose: Tawada discloses: wherein the alkoxy group (Tawada, alkoxy group, ¶ [0097]) is a methoxy group or an ethoxy group (Tawada, ¶ [0097], " alkoxy group (e.g., methoxy, ethoxy, propoxy, butoxy, trifluoromethoxy, trifluoroethoxy, etc.), Tawada discloses methoxy and ethoxy within the alkoxy group). Kim, as modified by Xiao and Gump, discloses the alkoxy group but does not explicitly disclose that the alkoxy group is a methoxy or an ethoxy group. Tawada discloses that the alkoxy group can be methoxy or an ethoxy group. All references disclose chemical reactions and are therefore analogous art. It would be obvious to a POSITA before the effective filing date to use the methoxy or ethoxy group, as it is a known species within the broader group, disclosed by Kim, as modified by Xiao and Gump, yielding predictable chemical reaction pathways. Claim(s) 11 is rejected under AIA 35 U.S.C. 103 as being unpatentable over Kim (US 12082416 B2) in view of Xiao (US 20180342390 A1), in further view of Fujii (US 20100056711 A1) and in further view of Tawada (US 20050107606 A1). Re: Dependent Claim 11, Kim, Xiao, and Fujii discloses all the limitations of claim 5 on which this claim depends. Kim, as modified by Xiao and Fujii, further discloses: alkoxy group (Xiao, alkoxy group, ¶ [0042]) Kim, as modified by Xiao and Fujii do not explicitly disclose: Tawada discloses: wherein the alkoxy group (Tawada, alkoxy group, ¶ [0097]) is a methoxy group or an ethoxy group (Tawada, ¶ [0097], " alkoxy group (e.g., methoxy, ethoxy, propoxy, butoxy, trifluoromethoxy, trifluoroethoxy, etc.), Tawada discloses methoxy and ethoxy within the alkoxy group). Kim, as modified by Xiao and Fujii, discloses the alkoxy group but does not explicitly disclose that the alkoxy group is a methoxy or an ethoxy group. Tawada discloses that the alkoxy group can be methoxy or an ethoxy group. All references disclose chemical reactions and are therefore analogous art. It would be obvious to a POSITA before the effective filing date to use the methoxy or ethoxy group, as it is a known species within the broader group, disclosed by Kim, as modified by Xiao and Fujii, yielding predictable chemical reaction pathways. Claim(s) 12 is rejected under AIA 35 U.S.C. 103 as being unpatentable over Kim (US 12082416 B2) in view of Xiao (US 20180342390 A1), further in view of Gump (US 12221519 B2) in further view of Fujii (US 20100056711 A1) and in further view of Tawada (US 20050107606 A1). Re: Dependent Claim 12, Kim, Xiao, Gump, and Fujii discloses all the limitations of claim 6 on which this claim depends. Kim, as modified by Xiao, Gump, and Fujii, further discloses: alkoxy group (Xiao, alkoxy group, ¶ [0042]) Kim, as modified by Xiao, Gump, and Fujii do not explicitly disclose: Tawada discloses: wherein the alkoxy group (Tawada, alkoxy group, ¶ [0097]) is a methoxy group or an ethoxy group (Tawada, ¶ [0097], " alkoxy group (e.g., methoxy, ethoxy, propoxy, butoxy, trifluoromethoxy, trifluoroethoxy, etc.), Tawada discloses methoxy and ethoxy within the alkoxy group). Kim, as modified by Xiao, Gump, and Fujii, discloses the alkoxy group but does not explicitly disclose that the alkoxy group is a methoxy or an ethoxy group. Tawada discloses that the alkoxy group can be methoxy or an ethoxy group. All references disclose chemical reactions and are therefore analogous art. It would be obvious to a POSITA before the effective filing date to use the methoxy or ethoxy group, as it is a known species within the broader group, disclosed by Kim, as modified by Xiao, Gump, and Fujii, yielding predictable chemical reaction pathways. Claim(s) 15-16 are rejected under AIA 35 U.S.C. 103 as being unpatentable over Kim (US 12082416 B2) in view of Xiao (US 20180342390 A1) and in further view of Edmonds (US 9607920 B2). Re: Dependent Claim 15, Kim and Xiao discloses all the limitations of claim 14 on which this claim depends. Kim, as modified by Xiao, further discloses: wherein at least one of the plurality of ALD cycles (Xiao, ¶ [0038], ¶ [0067] and ¶ [0073]) further includes, before supplying the gas containing the Si precursor (Xiao, step b, ¶ [0075] " introducing into the reactor at least one silicon precursor having the Formulae A to E described herein"), Kim, as modified by Xiao, does not explicitly disclose: before supplying the gas containing the Si precursor, supplying gas containing Cl, and purging the gas containing Cl. Edmonds discloses: before supplying the gas containing the Si precursor (Edmonds, silane, Col. 1, lines 52-55) supplying gas containing Cl (Edmonds, chlorosilane, Col. 1, lines 48-55), and purging the gas containing Cl (Edmonds, to the extent that the reference does not explicitly disclose purging the chlorosilane before supplying the silane, such purging is inherent in the disclosed ALD process as the sequential precursor cycling dosage are separated by the purge step to perform the respective ALD half-reactions). Kim, as modified by Xiao, discloses the Si precursor and ALD cycles but does not explicitly disclose supplying a Cl gas and purging the Cl gas prior to supplying the gas containing the Si precursor. Edmonds discloses an ALD cycle where before supplying the gas containing the Si precursor, supplying gas containing Cl, and purging the gas containing Cl is used. All references discloses chemical reactions and are therefore analogous art. It would be obvious to a POSITA before the effective filing date to utilize the Cl gas and purge step, as disclosed by Edmonds, to the ALD steps, as disclosed by Kim, as modified by Xiao, for the benefit of creating a base layer on the substrate before to forming a film (Edmonds, Col. 1, lines 48-55). Re: Dependent Claim 16, Kim and Xiao discloses all the limitations of claim 15 on which this claim depends. Kim, as modified by Xiao and Edmonds, further discloses: wherein the gas containing Cl contains chlorosilane or HCl (Edmonds, chlorosilane, Col. 1, lines 48-55). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to NIMARTA KAUR CHOWDHARY whose telephone number is (571)272-7679. The examiner can normally be reached usually Monday - Thursday, 6:45 AM - 4:45 PM (EST). 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, Leonard Chang can be reached at (571) 270-3691. 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. /NIMARTA KAUR CHOWDHARY/ Examiner, Art Unit 2898 /Leonard Chang/ Supervisory Patent Examiner, Art Unit 2898
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Prosecution Timeline

Sep 03, 2024
Application Filed
Aug 25, 2026
Non-Final Rejection mailed — §103 (current)

Precedent Cases

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Prosecution Projections

1-2
Expected OA Rounds
100%
Grant Probability
99%
With Interview (+0.0%)
2y 10m (~9m remaining)
Median Time to Grant
Low
PTA Risk
Based on 5 resolved cases by this examiner. Grant probability derived from career allowance rate.

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