Prosecution Insights
Last updated: May 29, 2026
Application No. 17/946,017

COMPLEMENTARY METAL-OXIDE-SEMICONDUCTOR (CMOS) APPARATUS WITH SELF-ALIGNED BACKSIDE CONTACT

Non-Final OA §102§103
Filed
Sep 15, 2022
Examiner
PATEL, REEMA
Art Unit
2812
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
International Business Machines Corporation
OA Round
1 (Non-Final)
89%
Grant Probability
Favorable
1-2
OA Rounds
0m
Est. Remaining
95%
With Interview

Examiner Intelligence

Grants 89% — above average
89%
Career Allowance Rate
980 granted / 1106 resolved
+20.6% vs TC avg
Moderate +6% lift
Without
With
+6.4%
Interview Lift
resolved cases with interview
Fast prosecutor
2y 0m
Avg Prosecution
30 currently pending
Career history
1149
Total Applications
across all art units

Statute-Specific Performance

§101
0.3%
-39.7% vs TC avg
§103
61.9%
+21.9% vs TC avg
§102
10.4%
-29.6% vs TC avg
§112
11.1%
-28.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1106 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 . Election/Restrictions Applicant’s election without traverse of Invention I (encompassing claims 1-9) in the reply filed on 12/18/25 is acknowledged. Information Disclosure Statement The information disclosure statement (IDS) was submitted on 12/23/22. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement has been considered by the examiner. Claim Rejections - 35 USC § 102 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 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. Claim(s) 1-2 and 7 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Liang et al. (U.S. 2020/0204175 A1; “Liang”). Regarding claim 1, Liang discloses a CMOS complementary metal-oxide-semiconductor (CMOS) apparatus comprising: An interconnect layer (388, Fig. 3A), which has a front side and a backside opposite the front side ([0057]); An n-doped field effect transistor (nFET) (331, Fig. 3A) ([0003]) disposed at the backside of the interconnect layer, wherein the nFET comprises an nFET drain structure (374, Fig. 3A), an nFET source structure (372, Fig. 3A), and an nFET channel structure (382, Fig. 3A) that is connected between the nFET drain structure and the nFET source structure, wherein the nFET has a front side surface adjacent to the interconnect layer and a backside surface opposite to the interconnect layer ([0047]); A p-doped field effect transistor (pFET) (333, Fig. 3A) ([0003]) disposed at the backside of the interconnect layer adjacent to the nFET, wherein the pFET comprises a pFET drain structure (374, Fig. 3A), a pFET source structure (376, Fig. 3A), and a pFET channel structure (384, Fig. 3A) that is connected between the pFET drain structure and the pFET source structure, wherein the pFET has a front side surface adjacent to the interconnect layer and a backside surface opposite to the interconnect layer ([0048]); and A backside drain contact (394a, 396a, 397, Fig. 3), disposed at the backside surface of the nFET and the pFET and electrically connected to the nFET drain structure and to the pFET drain structure ([0052], [0055]). Regarding claim 2, Liang discloses the backside drain contact (394a, 396a, 397, Fig. 3) comprises: a metal pillar (394a, Fig. 3) disposed between, and directly contacting, adjacent facing surfaces of the nFET and pFET drain structures (374, Fig. 3). Regarding claim 7, Liang discloses shallow trench isolation material at either side of the backside drain contact. 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. Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Liang et al. (U.S. 2020/0204175 A1; “Liang”) as applied to claim 1 above, and further in view of Liaw (U.S. 2022/0328641 A1). Regarding claim 8, Liang discloses a gate stack including a gate structure (356, 358, Fig. 3A) but does not disclose the gate structure is a gate-all-around structure ([0047]-[0048]). However, Liaw discloses using a gate-all-around gate structure within a gate-all-around device ([0002], [0031]). This has the advantage of forming transistor devices with increased power efficiency and decreased size. Therefore, it would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to modify the invention of Liang with the gate structure being a gate-all-around gate structure, as taught by Liaw, so as to improve power efficiency and decrease apparatus size. Allowable Subject Matter Claims 3-6 and 9 are 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. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to REEMA PATEL whose telephone number is (571)270-1436. The examiner can normally be reached M-F, 8am-5pm 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, Christine Kim can be reached at (571)272-8458. 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. /REEMA PATEL/Primary Examiner, Art Unit 2812 1/6/26
Read full office action

Prosecution Timeline

Sep 15, 2022
Application Filed
Apr 17, 2024
Response after Non-Final Action
Jan 28, 2026
Non-Final Rejection mailed — §102, §103
Apr 10, 2026
Examiner Interview Summary
Apr 10, 2026
Applicant Interview (Telephonic)

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
89%
Grant Probability
95%
With Interview (+6.4%)
2y 0m (~0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1106 resolved cases by this examiner. Grant probability derived from career allowance rate.

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