Prosecution Insights
Last updated: April 19, 2026
Application No. 17/551,998

VIA ALIGNMENT IN SINGLE DAMASCENE STRUCTURE

Non-Final OA §103
Filed
Dec 15, 2021
Examiner
ERDEM, FAZLI
Art Unit
2812
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
International Business Machines Corporation
OA Round
3 (Non-Final)
85%
Grant Probability
Favorable
3-4
OA Rounds
2y 7m
To Grant
99%
With Interview

Examiner Intelligence

Grants 85% — above average
85%
Career Allow Rate
895 granted / 1050 resolved
+17.2% vs TC avg
Strong +16% interview lift
Without
With
+15.9%
Interview Lift
resolved cases with interview
Typical timeline
2y 7m
Avg Prosecution
32 currently pending
Career history
1082
Total Applications
across all art units

Statute-Specific Performance

§101
0.3%
-39.7% vs TC avg
§103
48.4%
+8.4% vs TC avg
§102
39.1%
-0.9% vs TC avg
§112
7.4%
-32.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1050 resolved cases

Office Action

§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 . Continued Examination Under 37 CFR 1.114 A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 1/16/2026 has been entered. Claim Rejections - 35 USC § 103 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. 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. Claims 1-14 are rejected under 35 U.S.C. 103 as being unpatentable over Zhao et al. (20190363048) in view of Chanemougame et al. (20200075456) Regarding Claim 1, in Fig. 4C and paragraphs 0046-0049, 0051, 0054, 0073, 0082 and 0085, Zhao et al discloses a semiconductor structure comprising: a first dielectric 415 positioned on a first metal contact 409; a second dielectric 403 laterally surrounding the first dielectric 415 (see the recess portion of element 415) and the first metal contact 409; and a second metal contact 427/421 present extending through the first dielectric 415 into contact with the first metal contact 409. Zhao et al. fails to disclose the newly added “same elevation” limitation. However, Chanemougame et al. discloses a semiconductor device where in Fig. 8 (elements 30/22/26/48) the required same elevation limitation (between elements 22 and 30) is disclosed. It would have been obvious to one of having ordinary skill in the art before the effective filing date of the claimed invention to have the required “same elevation” limitation in Zhao et al. as taught by Chanemougame et al.in order to have lower directional resistance (see paragraphs 0014 and 0023 of Chanemougame et al). Regarding Claim 2, in Zhao et al., the first metal contact 409 has a first length dimension that is greater than a first width dimension for the first metal contact (see the interface region around element 421). Regarding Claim 3, in Zhao et al., the second metal contact 427 has a second length dimension that is less than the first length dimension of the first metal contact, and the second metal contact has a second width dimension that is substantially equal to the first width dimension of the first metal contact (see around the interface region around element 421). Regarding Claim 4, in Zhao et al., the first metal contact 409 and the second metal contact 421 extend through a via level 421 into contact with a metal line of an underlying first metal line level. Regarding Claim 5, in Zhao et al., via level 421 is positioned underlying an second metal line level 427, wherein a first interface between the first dielectric and the first metal contact is vertically offset (see the interface region around element 421) from a second interface of the second dielectric 403 and the second metal line level 427. Regarding Claim 6, in Zhao et al., a second metal line level 427 is present overlying a via level 421 including the first and second metal contact, the second metal line level including a second line level dielectric 403/413 having a line trench filled with a seed layer and a metal fill 409, wherein a portion of the seed layer and metal fill extends from the second metal line level into the via level 421 to provide the second metal contact 427. Regarding Claim 7, in Zhao et al., in Fig. 4C and paragraphs 0046-0049, 0051, 0054, 0073, 0082 and 0085, Zhao et al discloses a semiconductor structure comprising: a first metal line level having a first metal line 409 ;a second metal line level having a second metal line 427; and a via line 421 level present between the first and second metal line levels, the via line level including via interlevel dielectric 403 surrounding a via stack 409/415/421 including an interface metal portion 421 that is in contact with the first metal line, a via intralevel dielectric 415 on the interface metal portion, and a cap metal 421 portion in contact with the second metal line and extending through the via intralevel dielectric 415 into contact with the interface metal portion (interface between 421 and 409), wherein a length of the interface metal portion of the via is greater than a width of the interface metal portion of the via stack (see the shaped portion at the interface between 421 and 409). Zhao et al. fails to disclose the newly added “same elevation” limitation. However, Chanemougame et al. discloses a semiconductor device where in Fig. 8 (elements 30/22/26/48) the required same elevation limitation (between elements 22 and 30) is disclosed. It would have been obvious to one of having ordinary skill in the art before the effective filing date of the claimed invention to have the required “same elevation” limitation in Zhao et al. as taught by Chanemougame et al.in order to have lower directional resistance (see paragraphs 0014 and 0023 of Chanemougame et al). Regarding Claim 8, in Zhao et al., a first cap dielectric layer 415 is present between the first metal line level and the via line level. Regarding Claim 9, in Zhao et al., a second cap dielectric layer 415 (namely the recessed portion of element 415) is present between the second metal line level and the via line level. Regarding Claim 10, in Zhao et al., the length of the interface metal portion of the via is substantially parallel to a metal line length for the first metal line. Regarding Claim 11, in Zhao et al., the cap metal portion (the shaped portion at the interface of 427 and 409 around element 421) has a length dimension that is less than the length dimension of the interface metal portion of the via stack, and the cap metal portion has a width dimension that is substantially equal to the width dimension of the interface metal portion of the via stack. Regarding Claim 12, in Zhao et al., the width dimension of the interface metal portion of the via stack is substantially equal to a metal line width for the first metal line. Regarding Claim 13, in Zhao et al., the second metal line level 427 includes a second line level dielectric having a line trench filled with a seed layer and a metal fill, wherein a portion of the seed layer and metal fill extends from the second metal line level into the via level to provide the cap metal portion. Regarding Claim 14, in Zhao et al., the interface metal portion (shaped portion around element 421) has a width substantially equal to a metal line width for the first metal line, wherein the length ofthe interface metal portion for the via is greater than a width of the interface metal portion for the via. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to FAZLI ERDEM whose telephone number is (571)272-1914. The examiner can normally be reached M-F, 8am-5pm. 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. /FAZLI ERDEM/Primary Examiner, Art Unit 2812 1/26/2026
Read full office action

Prosecution Timeline

Dec 15, 2021
Application Filed
Apr 01, 2024
Response after Non-Final Action
May 11, 2025
Non-Final Rejection — §103
Aug 04, 2025
Interview Requested
Aug 14, 2025
Examiner Interview Summary
Aug 14, 2025
Applicant Interview (Telephonic)
Aug 15, 2025
Response Filed
Nov 05, 2025
Final Rejection — §103
Dec 17, 2025
Interview Requested
Dec 23, 2025
Examiner Interview Summary
Dec 23, 2025
Applicant Interview (Telephonic)
Jan 05, 2026
Response after Non-Final Action
Jan 16, 2026
Request for Continued Examination
Jan 20, 2026
Response after Non-Final Action
Jan 26, 2026
Non-Final Rejection — §103
Apr 10, 2026
Interview Requested
Apr 16, 2026
Examiner Interview Summary
Apr 16, 2026
Applicant Interview (Telephonic)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
85%
Grant Probability
99%
With Interview (+15.9%)
2y 7m
Median Time to Grant
High
PTA Risk
Based on 1050 resolved cases by this examiner. Grant probability derived from career allow rate.

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