Prosecution Insights
Last updated: July 17, 2026
Application No. 17/958,288

PLUG IN A METAL LAYER

Non-Final OA §102
Filed
Sep 30, 2022
Examiner
VU, DAVID
Art Unit
2818
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Intel Corporation
OA Round
2 (Non-Final)
77%
Grant Probability
Favorable
2-3
OA Rounds
0m
Est. Remaining
95%
With Interview

Examiner Intelligence

Grants 77% — above average
77%
Career Allowance Rate
573 granted / 744 resolved
+9.0% vs TC avg
Strong +18% interview lift
Without
With
+18.1%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
16 currently pending
Career history
758
Total Applications
across all art units

Statute-Specific Performance

§101
0.7%
-39.3% vs TC avg
§103
69.5%
+29.5% vs TC avg
§102
24.6%
-15.4% vs TC avg
§112
2.8%
-37.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 744 resolved cases

Office Action

§102
CTNF 17/958,288 CTNF 77799 Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. DETAILED ACTION Claim Rejections - 35 USC § 102 07-06 AIA 15-10-15 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 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. 07-07-aia AIA 07-07 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 – 07-12-aia AIA (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. 07-15 AIA 1. Claim s 1 and 7-8 are rejected under 35 U.S.C. 102( a2 ) as being anticipated by Li (US 11,158,717) . Regarding claim 1 , Li, in fig. 10, discloses a semiconductor device comprising: a first layer 40 with a first side (bottom) and a second side (top) opposite the first side (bottom); a second layer 60 with a first side (bottom) and a second side (top) opposite the first side (bottom), wherein the first side of the second layer 60 (bottom) is on the second side (top) of the first layer 40; and a plug 71 that extends from the second side (top) of the second layer 60 to the second side (top) of the first layer 40, wherein a first surface area of a cross-section of the plug 71 at a plane of the second side (top) of the second layer 60 is larger than a second surface area of a cross-section of the plug 71 at the second side (top) of the first layer 40. Regarding claim 7, Li discloses wherein the plug 71 is direct physical contact with the first layer 40 (fig. 10). Regarding claim 8, Li discloses wherein the plug 71 extends into the first layer 40 (fig. 10) . 07-15 AIA 2. Claim s 1 and 7-10 are rejected under 35 U.S.C. 102( a2 ) as being anticipated by Lee et al. (US 2023/0253327; hereinafter Lee) . Regarding claim 1 , Lee, in fig. 2, discloses a semiconductor device comprising: a first layer ILD2 with a first side (bottom) and a second side (top) opposite the first side (bottom); a second layer ILD3 with a first side (bottom) and a second side (top) opposite the first side (bottom), wherein the first side of the second layer ILD3 (bottom) is on the second side (top) of the first layer ILD2; and a plug (BM/SV) that extends from the second side (top) of the second layer ILD3 to the second side (top) of the first layer ILD2, wherein a first surface area of a cross-section of the plug (BM/SV) at a plane of the second side (top) of the second layer ILD3is larger than a second surface area of a cross-section of the plug (BM/SV) at the second side (top) of the first layer ILD2. Regarding claim 7, Lee discloses wherein the plug (BM/SV) is direct physical contact with the first layer ILD2 (fig. 2). Regarding claim 8, Lee discloses wherein the plug (BM/SV) extends into the first layer ILD2 (fig. 2). Regarding claim 9, Lee discloses wherein the plug (BM/SV) is an electrical insulator BM (fig. 2 & 0041 ]). Regarding claim 10, Lee discloses wherein the plug (BM/SV) includes a dielectric BM (fig. 2 & 0041 ]) . Allowable Subject Matter 12-151-08 AIA 07-43 12-51-08 3. Claim s 2-6 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. 12-151-07 AIA 07-97 12-51-07 4. Claim s 11 and 13-21 are allowed. The following is an examiner's statement of reason for allowance: the prior art of record, either singularly or in combination, does not disclose or suggest at least the claim limitations of " a plug that extends from a top of the first metal and a top of the second metal to a side of the insulator, wherein the plug and the insulator electrically isolate the first metal and the second metal from each other, and wherein a first surface area of across-section of the plug at the top of the first metal and the top of the second metal is larger than a second surface area of a cross- section of the plug at the side of the insulator” ( claim 11 ) as instantly claimed and in combination with the remaining elements; or “forming a metal layer on a side of the substrate, wherein the metal layer has a first side and a second side opposite the first side, and wherein the first side of the metal layer is on the side of the substrate; and forming a plug that extends from the second side of the metal layer to the side of the substrate, wherein a first surface area of a cross-section of the plug at a plane of the second side of the metal layer is larger than a second surface area of a cross-section of the plug at the side of the substrate” ( claim 17 ) as instantly claimed and in combination with the additionally claimed method steps. Response to Arguments 5 Applicant's arguments with respect to the pending claims have been considered but are moot in view of the new ground(s) of rejection. Conclusion 6. Any inquiry concerning this communication or earlier communications from the examiner should be directed to David Vu whose telephone number is (571) 272-1798. The examiner can normally be reached on Monday-Friday from 8:00am to 5:00pm. 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 attempt to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Steven Loke H can be reached on (571) 272-1657. 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 VU/ Primary Examiner, Art Unit 2818 Application/Control Number: 17/958,288 Page 2 Art Unit: 2818 Application/Control Number: 17/958,288 Page 3 Art Unit: 2818 Application/Control Number: 17/958,288 Page 4 Art Unit: 2818 Application/Control Number: 17/958,288 Page 5 Art Unit: 2818 Application/Control Number: 17/958,288 Page 6 Art Unit: 2818
Read full office action

Prosecution Timeline

Sep 30, 2022
Application Filed
Jun 06, 2023
Response after Non-Final Action
Nov 19, 2025
Non-Final Rejection mailed — §102
Feb 16, 2026
Response Filed
May 29, 2026
Non-Final Rejection mailed — §102 (current)

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

2-3
Expected OA Rounds
77%
Grant Probability
95%
With Interview (+18.1%)
2y 9m (~0m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 744 resolved cases by this examiner. Grant probability derived from career allowance rate.

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