Prosecution Insights
Last updated: October 25, 2026
Application No. 18/912,917

SEMICONDUCTOR ELEMENT AND METHOD FOR MANUFACTURING SEMICONDUCTOR ELEMENT

Non-Final OA §102§103
Filed
Oct 11, 2024
Priority
Oct 24, 2023 — JP 2023-182656
Examiner
SPALLA, DAVID C
Art Unit
2893
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Toyoda Gosei Co., Ltd.
OA Round
1 (Non-Final)
84%
Grant Probability
Favorable
1-2
OA Rounds
3m
Est. Remaining
89%
With Interview

Examiner Intelligence

Grants 84% — above average
84%
Career Allowance Rate
724 granted / 857 resolved
+16.5% vs TC avg
Minimal +5% lift
Without
With
+4.7%
Interview Lift
resolved cases with interview
Typical timeline
2y 3m
Avg Prosecution
19 currently pending
Career history
886
Total Applications
across all art units

Statute-Specific Performance

§103
52.3%
+12.3% vs TC avg
§102
31.4%
-8.6% vs TC avg
§112
9.4%
-30.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 857 resolved cases

Office Action

§102 §103
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 . Priority Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55. Information Disclosure Statement The information disclosure statement (IDS) submitted on 10/11/2024 and 06/24/2026 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. 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 and 4 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US PG Pub 2021/0005638 to Noh et al (hereinafter Noh). Regarding Claim 1, Noh discloses a semiconductor element comprising: a semiconductor layer (Fig. 11, 310); an insulating film (114) disposed on the semiconductor layer; an electrode (330) disposed on the insulating film; and a surface protective film (115) covering the semiconductor layer, the insulating film, and the electrode, wherein the electrode includes: a first barrier layer (331) to prevent Al from diffusing into the insulating film; a metal layer (332) formed on the first barrier layer and made of Al or an alloy mainly composed of Al [0043]; and a second barrier layer (333) formed on the metal layer to protect the metal layer, and wherein a side surface of the metal layer is disposed inside a side surface of the first barrier layer and inside a side surface of the second barrier layer (Fig. 11). Regarding Claim 4, Noh discloses the semiconductor element according to Claim 1, wherein: the semiconductor element has an insulating gate structure (114); the insulating film includes a gate insulating film (114, [0033]); and the electrode includes a gate electrode (330). Claims 1 and 3 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US PG Pub 2019/0131322 to Ito et al (hereinafter Ito). Regarding Claim 1, Ito discloses a semiconductor element comprising: a semiconductor layer (Fig. 6B, 202); an insulating film (206) disposed on the semiconductor layer; an electrode (201) disposed on the insulating film; and a surface protective film (205) covering the semiconductor layer, the insulating film, and the electrode, wherein the electrode includes: a first barrier layer to prevent Al from diffusing into the insulating film [0019]; a metal layer formed on the first barrier layer and made of Al or an alloy mainly composed of Al [0019]; and a second barrier layer formed on the metal layer to protect the metal layer [0019], and wherein a side surface of the metal layer is disposed inside a side surface of the first barrier layer and inside a side surface of the second barrier layer (Fig. 6B). Regarding Claim 3, Ito discloses the semiconductor element according to Claim 1, wherein a void (V201) is formed between the side surface of the metal layer and the surface protective film. 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 5 is rejected under 35 U.S.C. 103 as being unpatentable over Noh as applied to Claim 1 above and in further view of US PG Pub 2016/0071732 to Nishii et al (hereinafter Nishii). Regarding Claim 5, Noh discloses the semiconductor element according to Claim 1 but does not disclose the gate electrode in a trench within the semiconductor layer. Nishii discloses a semiconductor layer with a trench (Fig. 11; 730/740) and includes a gate insulating film (750) continuously disposed over a bottom surface of the trench, a side surface of the trench, and a vicinity of the trench of a surface of the semiconductor layer (Fig. 11) and a gate electrode (860) continuously disposed over the bottom surface of the trench, the side surface of the trench, and the vicinity of the trench of the surface of the semiconductor layer through the insulating film. It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to have modified the gate structure of Noh to comprise a trench gate. Trench gates were known in the art to provide benefits such as greater control over the channel region and/or lengthening channel regions without increasing the overall size of the transistor. Allowable Subject Matter Claims 6-12 are allowed. Claim 2 is 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. Claim 6 recites a method for manufacturing a semiconductor element comprising: forming an insulating film on a semiconductor layer; forming an electrode by depositing a first barrier layer to prevent Al from diffusing into the insulating film, a metal layer made of Al or an alloy mainly composed of Al, and a second barrier layer to protect the metal layer in this order on the insulating film; etching including dry etching the electrode in a direction perpendicular to a main surface of the semiconductor layer to form a predetermined pattern, and dry etching a side surface of the metal layer so that the side surface of the metal layer is disposed inside a side surface of the first barrier layer and inside a side surface of the second barrier layer; and forming a surface protective film to cover the semiconductor layer and the electrode. While the references of record disclose a similar structure to that claimed by Applicant, the references do not arrive at the structures using the method claimed by Applicant. Noh utilizes a wet etching process (Noh [0042]) and Ito creates a void by way of a heat treatment process (Ito, [0013]). A search of other, relevant references does not show Applicant’s invention to be anticipated or obvious. Claims 7-12 depend on Claim 6 and are allowable for at least the reasons above. Claim 2 requires the side surface of the metal layer be covered with an oxide film made of aluminum oxide. The references do not disclose an aluminum oxide formed on the surface of the metal layer and Applicant notes that the oxidation of the metal helps further prevent aluminum diffusion. A search of other, relevant references does not show Applicant’s invention to be anticipated or obvious. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID C SPALLA whose telephone number is (303)297-4298. The examiner can normally be reached Mon-Fri 10am-5pm MST. 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, Britt Hanley can be reached at 571-270-3042. 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. /DAVID C SPALLA/ Primary Examiner, Art Unit 2893
Read full office action

Prosecution Timeline

Oct 11, 2024
Application Filed
Oct 01, 2026
Non-Final Rejection mailed — §102, §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

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SEMICONDUCTOR DEVICE WITH IMPROVED SOURCE/DRAIN PROFILE AND METHODS OF FABRICATION THEREOF
3y 3m to grant Granted Oct 20, 2026
Patent 12765267
SEMICONDUCTOR DEVICE INCLUDING MAGNETIC TUNNEL JUNCTION STRUCTURE
2y 10m to grant Granted Oct 13, 2026
Patent 12764979
Semiconductor structure with a deep trench capacitor structures and forming method thereof
2y 7m to grant Granted Oct 13, 2026
Patent 12757734
PACKAGE STRUCTURES AND METHODS OF MANUFACTURING THE SAME
5y 2m to grant Granted Oct 06, 2026
Patent 12757440
SEMICONDUCTOR STRUCTURE AND METHOD FOR FORMING THE SAME
3y 7m to grant Granted Oct 06, 2026
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
84%
Grant Probability
89%
With Interview (+4.7%)
2y 3m (~3m remaining)
Median Time to Grant
Low
PTA Risk
Based on 857 resolved cases by this examiner. Grant probability derived from career allowance rate.

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