Prosecution Insights
Last updated: April 19, 2026
Application No. 17/946,740

VIA RESISTANCE TO BACKSIDE POWER RAIL

Non-Final OA §102§103
Filed
Sep 16, 2022
Examiner
MCCALL SHEPARD, SONYA D
Art Unit
2898
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
International Business Machines Corporation
OA Round
1 (Non-Final)
93%
Grant Probability
Favorable
1-2
OA Rounds
2y 3m
To Grant
97%
With Interview

Examiner Intelligence

Grants 93% — above average
93%
Career Allow Rate
1082 granted / 1164 resolved
+25.0% vs TC avg
Minimal +4% lift
Without
With
+3.6%
Interview Lift
resolved cases with interview
Typical timeline
2y 3m
Avg Prosecution
24 currently pending
Career history
1188
Total Applications
across all art units

Statute-Specific Performance

§101
0.3%
-39.7% vs TC avg
§103
47.3%
+7.3% vs TC avg
§102
36.1%
-3.9% vs TC avg
§112
13.0%
-27.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1164 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 Group I, claims 1-12 and 13 in the reply filed on 19 December 2025 is acknowledged. 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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claim(s) 1-7, 10, 11 and 13 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Lan et al. US 2024/0021708. PNG media_image1.png 765 391 media_image1.png Greyscale Lan et al. US 2024/0021708. Regarding claim 1, Lan et al. in Fig. 2T (annotated above) and [0060]-[0105] discloses a semiconductor device comprising: a backside power rail 246; a transistor source/drain structure 138 that has a backside facing the backside power rail 246 and has a frontside facing away from the backside power rail 246; and a via 224A disposed between and electrically connecting the backside power rail 246 and the source/drain structure 138, wherein the via 224A comprises: a buried portion that is disposed between the backside power rail 246 and the backside of the transistor source/drain structure 138, wherein a part of the buried portion overlaps and contacts at least a part of the backside of the source/drain structure 138; a side portion that is electrically connected with the buried portion and extends along a vertical side of the source/drain structure 138 between the frontside and the backside; and a top portion that is electrically connected with the side portion and covers at least a part of the frontside of the source/drain structure 138. Regarding claim 2, Lan et al. in Fig. 2T (annotated above) and [0060]-[0105] discloses the device of claim 1, wherein the buried portion, the side portion, and the top portion all are electrically connected with the source/drain structure 138. Regarding claim 3, Lan et al. in Fig. 2T (annotated above) and [0060]-[0105] discloses the device of claim 1, further comprising a conductive liner [0095] that mechanically separates the side portion and the top portion from the source/drain structure 138 and electrically connects the via 224A to the source/drain structure 138. Regarding claim 4, Lan et al. in Fig. 2T (annotated above) and [0060]-[0105] discloses the device of claim 3, wherein the conductive liner [0095] mechanically separates and electrically connects the side portion and the buried portion. Regarding claim 5, Lan et al. in Fig. 2T (annotated above) and [0060]-[0105] discloses the device of claim 4, wherein the conductive liner [0095] comprises a conductive metal liner. Regarding claim 6, Lan et al. in Fig. 2T (annotated above) and [0060]-[0105] discloses the device of claim 5, wherein the conductive liner [0095] comprises titanium nitride. Regarding claim 7, Lan et al. in Fig. 2T (annotated above) and [0060]-[0105] discloses the device of claim 1, wherein the top portion extends across an entirety of the frontside of the source/drain structure 138. Regarding claim 10, Lan et al. in Fig. 2T (annotated above) and [0060]-[0105] discloses the device of claim 1, wherein the buried portion, the side portion, and the top portion wrap around part of the backside, the vertical side, and at least part of the frontside of the source/drain structure 138. Regarding claim 11, Lan et al. in Fig. 2T (annotated above) and [0060]-[0105] discloses the device of claim 1, wherein the via 224A comprises a metal selected from the list consisting of: tungsten, cobalt, and ruthenium [0094]. Regarding claim 13, Lan et al. in Figs. 2A-2T, [0012] and [0060]-[0105] discloses a method comprising: providing a semiconductor structure that includes a backside power rail 246, a source/drain structure 138, and a via 224A, wherein the via 224A includes a buried portion that is disposed between the backside power rail 246 and a backside of the source/drain structure 138, a side portion that extends along a vertical side of the source/drain structure 138 from the buried portion to a frontside of the source/drain structure 138, and a top portion that extends across the frontside of the source/drain structure 138 from the side portion, wherein the buried portion of the via 224A overlaps and contacts at least a portion of the backside of the source/drain structure 138; and delivering current from the backside power rail to the source/drain structure through the via 224A [0105]. 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, 9 and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lan et al. as applied to claim 1 above. Regarding claim 8, Lan et al. in Fig. 2T (annotated above) and [0060]-[0105] discloses the device of claim 1, but does not expressly disclose wherein the side portion has a smaller cross section than the buried portion and has a smaller cross section than the top portion. Notwithstanding, one of ordinary skill in the art would have been led to the recited dimensions through routine experimentation and optimization. Applicant has not disclosed that the relative dimensions are for a particular unobvious purpose, produce an unexpected result, or are otherwise critical, and it appears prima facie that the process would possess utility using another dimension. Indeed, it has been held that mere dimensional limitations are prima facie obvious absent a disclosure that the limitations are for a particular unobvious purpose, produce an unexpected result, or are otherwise critical. See, for example, Jn re Rose, 220 F.2d 459, 105 USPQ 237 (CCPA 1955); In re Rinehart, 531 F.2d 1048, 189 USPQ 143 (CCPA 1976); Gardner v. TEC Systems, Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984); In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966). See also MPEP 2144.04(1V)(B). Regarding claim 9, Lan et al. in Fig. 2T (annotated above) and [0060]-[0105] discloses the device of claim 8, but does not expressly disclose wherein the top portion has a larger cross section than the buried portion. Notwithstanding, one of ordinary skill in the art would have been led to the recited dimensions through routine experimentation and optimization. Applicant has not disclosed that the relative dimensions are for a particular unobvious purpose, produce an unexpected result, or are otherwise critical, and it appears prima facie that the process would possess utility using another dimension. Indeed, it has been held that mere dimensional limitations are prima facie obvious absent a disclosure that the limitations are for a particular unobvious purpose, produce an unexpected result, or are otherwise critical. See, for example, Jn re Rose, 220 F.2d 459, 105 USPQ 237 (CCPA 1955); In re Rinehart, 531 F.2d 1048, 189 USPQ 143 (CCPA 1976); Gardner v. TEC Systems, Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984); In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966). See also MPEP 2144.04(1V)(B). Regarding claim 12, Lan et al. in Fig. 2T (annotated above) and [0060]-[0105] discloses the device of claim 1, but does not expressly disclose wherein the via 246 is 100 to 150 nanometers tall from the buried portion to the top portion and is 20 to 30 nanometers wide at the buried portion. Notwithstanding, one of ordinary skill in the art would have been led to the recited dimensions through routine experimentation and optimization. Applicant has not disclosed that the relative dimensions are for a particular unobvious purpose, produce an unexpected result, or are otherwise critical, and it appears prima facie that the process would possess utility using another dimension. Indeed, it has been held that mere dimensional limitations are prima facie obvious absent a disclosure that the limitations are for a particular unobvious purpose, produce an unexpected result, or are otherwise critical. See, for example, Jn re Rose, 220 F.2d 459, 105 USPQ 237 (CCPA 1955); In re Rinehart, 531 F.2d 1048, 189 USPQ 143 (CCPA 1976); Gardner v. TEC Systems, Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984); In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966). See also MPEP 2144.04(1V)(B). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to SONYA D MCCALL-SHEPARD whose telephone number is (571)272-9801. The examiner can normally be reached M-F: 8:30 AM-5:00 PM. 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, Julio J. Maldonado can be reached at (571)272-1864. 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. /Sonya McCall-Shepard/ Primary Examiner, Art Unit 2898
Read full office action

Prosecution Timeline

Sep 16, 2022
Application Filed
Apr 17, 2024
Response after Non-Final Action
Jan 20, 2026
Non-Final Rejection — §102, §103
Mar 24, 2026
Interview Requested
Apr 07, 2026
Examiner Interview Summary
Apr 07, 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
93%
Grant Probability
97%
With Interview (+3.6%)
2y 3m
Median Time to Grant
Low
PTA Risk
Based on 1164 resolved cases by this examiner. Grant probability derived from career allow rate.

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