Prosecution Insights
Last updated: April 19, 2026
Application No. 17/566,812

MEMORY METAL HARDMASK STRUCTURE

Non-Final OA §102§112
Filed
Dec 31, 2021
Examiner
YASMEEN, NISHATH
Art Unit
2811
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
International Business Machines Corporation
OA Round
1 (Non-Final)
76%
Grant Probability
Favorable
1-2
OA Rounds
2y 8m
To Grant
86%
With Interview

Examiner Intelligence

Grants 76% — above average
76%
Career Allow Rate
355 granted / 464 resolved
+8.5% vs TC avg
Moderate +10% lift
Without
With
+9.8%
Interview Lift
resolved cases with interview
Typical timeline
2y 8m
Avg Prosecution
21 currently pending
Career history
485
Total Applications
across all art units

Statute-Specific Performance

§103
59.1%
+19.1% vs TC avg
§102
19.2%
-20.8% vs TC avg
§112
18.3%
-21.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 464 resolved cases

Office Action

§102 §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 . Information Disclosure Statement The information disclosure statement (IDS) submitted on 12/31/2021 is being considered by the examiner. 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 13, 14, 16 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. With regards to claims 13, 14,16 the limitation “the metallic hardmask” renders the claims unclear since it is unclear if the metallic hardmask is one of the “a set of metallic hardmask elements” or if it belongs to a different set. Request Applicant to clarify this. Claim is being examined as best understood to mean that the metallic hardmask belongs to the set of metallic hardmask elements. 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. Note applicable to all claims being rejected in this Office action: Examiner notes that the limitations "overlap", "layer", "portion" “aligned” are being interpreted broadly in accordance with MPEP. Per MPEP 2111 and 2111.01, the claims are given their broadest reasonable interpretation and the words of the claims are given their plain meaning consistent with the specification without importing claim limitations from the specification. The claim presently disclose a structural limitation (i.e. overlap, layer, portion, contact) that is taught by prior art of record, therefore, the limitation is considered met by the prior art of record. Additionally, Merriam Webster dictionary defines the above limitations as “to occupy the same area in part”, “one thickness lying over or under another”, “an often limited part of a whole” “to be in correct relative position” respectively. Further note the limitation “contact” is being interpreted to include "direct contact" (no intermediate materials, elements or space disposed there between) and "indirect contact" (intermediate materials, elements or space disposed there between). Claim(s) 12-18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Rizzollo et al (US 2020/0126791 A1 hereinafter Rizzolo). Regarding Claim 12, Rizzollo discloses in Fig 1-4: A structure in an integrated circuit device comprising: a set of metallic hardmask elements (120/125) each having a net tensile stress for a memory device in the integrated circuit device [0037-0039]; memory pillars (112) under each of the metallic hardmask elements; and wherein memory pillars at both an edge and a center of a wafer are aligned with a respective bottom contact (16) for the memory device in the integrated circuit device. Examiner notes that the limitation “aligned” is being interpreted broadly as seen in note above. Since the memory pillar at the center and edge of a wafer are aligned with the respective bottom contacts, the claimed limitation is met. Additionally, Rizzollo discloses that the net stress in the memory device could be compressive and tensile as shown in [0037-0039]. Regarding Claim 13, Rizzollo discloses in Fig 1-4: The structure as recited in claim 12, wherein the metallic hardmask has a single layer of tensilely stressed metallic material [0038]. Regarding Claim 14, Rizzollo discloses in Fig 1-4: The structure as recited in claim 12, wherein the metallic hardmask has a plurality of metal layers of alternating a tensilely stressed metallic material and a compressively stressed metallic material [0037-0039]. Regarding Claim 15, Rizzollo discloses in Fig 1-4: The structure as recited in claim 12, further comprising: a substrate layer comprising a dielectric (102) and a set of metal interconnects (104) which connects respective memory devices to other devices in the integrated circuit device; where each of the bottom electrode contacts (116) is aligned to and in electrical contact with a respective metal interconnect (104) [0031]; and a planarized capping layer (118) is disposed around the bottom electrode contacts [0033-0035]. Regarding Claim 16, Rizzollo discloses in Fig 1-4: The structure as recited in claim 12, further comprising an encapsulation layer (140) surrounding each memory pillar and metallic hardmask element [0045]. Regarding Claim 17, Rizzollo discloses in Fig 1-4: The structure as recited in claim 13, wherein the single layer of tensilely stressed metallic material is TiN [0039]. Regarding Claim 18, Rizzollo discloses in Fig 1-4: The structure as recited in claim 14, wherein the plurality of metal layers comprises a tensilely stressed metallic layer of TiN and a compressively stressed metal layer of TaN [0039]. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to NISHATH YASMEEN whose telephone number is (571)270-7564. The examiner can normally be reached Mon-Fri 9AM-6PM. 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, Lynne Gurley can be reached at 571-272-1670. 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. /NISHATH YASMEEN/Primary Examiner, Art Unit 2811
Read full office action

Prosecution Timeline

Dec 31, 2021
Application Filed
Nov 25, 2025
Non-Final Rejection — §102, §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
76%
Grant Probability
86%
With Interview (+9.8%)
2y 8m
Median Time to Grant
Low
PTA Risk
Based on 464 resolved cases by this examiner. Grant probability derived from career allow rate.

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