Prosecution Insights
Last updated: April 19, 2026
Application No. 17/994,487

SEPARATE EPITAXY IN MONOLITHIC STACKED AND STEPPED NANOSHEETS

Non-Final OA §102§103
Filed
Nov 28, 2022
Examiner
SARKER-NAG, AKHEE
Art Unit
2893
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
International Business Machines Corporation
OA Round
1 (Non-Final)
82%
Grant Probability
Favorable
1-2
OA Rounds
3y 7m
To Grant
91%
With Interview

Examiner Intelligence

Grants 82% — above average
82%
Career Allow Rate
49 granted / 60 resolved
+13.7% vs TC avg
Moderate +9% lift
Without
With
+9.2%
Interview Lift
resolved cases with interview
Typical timeline
3y 7m
Avg Prosecution
28 currently pending
Career history
88
Total Applications
across all art units

Statute-Specific Performance

§103
64.8%
+24.8% vs TC avg
§102
21.5%
-18.5% vs TC avg
§112
13.7%
-26.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 60 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 drawn to claims 1-17 in the reply filed on 01/23/2026 is acknowledged. Claims 18-20 directed to the non-elected group, are thereby withdrawn. Currently claims 1-20 are pending. Information Disclosure Statement The information disclosure statement (IDS) submitted on 11/28/2022 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner and made of record. 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. (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. Claims 10 is rejected under 35 U.S.C. 102(a)(2) as being anticipated by BAEK, Jaejik (US 20230343823 A1) “BAEK et al.”. Regarding Independent Claim 10, BAEK et al. Fig. 1-11 discloses a semiconductor structure (“a multi-stack semiconductor device” ¶ [0026]) comprising: a first field effect transistor (FET) (“a nanosheet stack 10 may include a lower channel structure 10L,” ¶ [0028]; “nanosheet transistor is also referred to with various different names such as multi-bridge channel FET (MBCFET)” ¶ [0003]) stacked over a second FET (“a nanosheet stack 10 may include …. upper channel structure 10U in this order on a substrate 105” ¶ [0028]), where the first FET is disposed in a stepped formation with respect to the second FET (Fig. 1B shows the stepped nanosheet); a first epitaxial growth formed adjacent the first FET (“the lower source/drain region 170S may be epitaxially grown from the lower channel layers 110C” ¶ [0068]); and a second epitaxial growth formed adjacent the FET (“upper source/drain region 180S may be epitaxially grown from the upper channel layers 120C” ¶ [0068]). such that the second epitaxial growth 180S and 180D occupies a space greater (Fig. 11A shows 180S and 180D occupies a space greater than 170S and 170D) than a space of the first epitaxial growth 170S and 170 D. Claim Rejections - 35 USC § 103 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 1-5, 7-9, 11-14 and 16-17 are rejected under 35 U.S.C. 103 as being unpatentable over BAEK, Jaejik (US 20230343823 A1) “BAEK et al.” in view of HE, MING (US 20230178440 A1) “HE et al.”. Regarding Independent Claim 1, BAEK et al. Fig. 1-11 discloses a semiconductor structure (“a multi-stack semiconductor device” ¶ [0026]) comprising: semiconductor layers of a first nanosheet stack (“a nanosheet stack 10 may include a lower channel structure 10L,” ¶ [0028]); semiconductor layers of a second nanosheet stack formed over (“a nanosheet stack 10 may include …. upper channel structure 10U in this order on a substrate 105” ¶ [0028]) and having a stepped nanosheet formation with respect to the semiconductor layers of the first nanosheet stack (Fig. 1B shows the stepped nanosheet); a first epitaxial growth formed adjacent the semiconductor layers of the first nanosheet stack (“the lower source/drain region 170S may be epitaxially grown from the lower channel layers 110C” ¶ [0068]); and a second epitaxial growth formed adjacent the semiconductor layers of the second nanosheet stack (“upper source/drain region 180S may be epitaxially grown from the upper channel layers 120C” ¶ [0068]). In the similar field of endeavor of structures or layer of semiconductor devices including a nanosheet transistor HE et al. Figs. discloses, wherein the second epitaxial growth (“upper source/drain regions 42_U” ¶ [0039]) has a stepped formation (Fig. 16A shows stepped formation of 42_U and 42_L) with respect to the first epitaxial growth (“lower source/drain regions 42_L may be formed” ¶ [0030]). It would have been obvious to person having ordinary skill in the art before the effective filling date to modify epitaxial growth of BAEK et al. with the stepped epitaxial growth of HE et al. in order to manufacture an integrated circuit device including stacked transistors, such as a complementary field effect transistor (CFET) stack, was introduced to reduce an area thereof to close to one-half of the area of a corresponding non-stacked device (HE et al. ¶ [0003]). Regarding Claim 2, BAEK et al. as modified by HE et al. discloses the limitations of claim 1. BAEK et al. Fig. 6, further discloses, wherein the second epitaxial growth (180S, 180D) has a volume greater (Fig. 6 shows 180S, 180D has greater volume than 170S, 170D) than a volume of the first epitaxial growth (170S, 170D). Regarding Claim 3, BAEK et al. as modified by HE et al. discloses the limitations of claim 1. However, BAEK et al. does not discloses, wherein the first epitaxial growth is isolated from the second epitaxial growth by an oxide layer and a nitride cap. In the similar field of endeavor of structures or layer of semiconductor devices including a nanosheet transistor HE et al. Figs. 1-18 discloses, wherein the first epitaxial growth 42_L is isolated from the second epitaxial growth 42_U by an oxide layer (“preliminary capping layers 43 may each be a silicon layer, and the silicon layer may be converted to a silicon oxide layer by an oxidation process” ¶ [0035]) and a nitride cap (“capping layers 44 may include a silicon oxide layer, a silicon oxynitride layer, a silicon nitride layer, a silicon germanium nitride layer or a germanium nitride layer” ¶ [0033]). It would have been obvious to person having ordinary skill in the art before the effective filling date to modify epitaxial growth of BAEK et al. with the stepped epitaxial growth of HE et al. in order to manufacture an integrated circuit device including stacked transistors, such as a complementary field effect transistor (CFET) stack, was introduced to reduce an area thereof to close to one-half of the area of a corresponding non-stacked device (HE et al. ¶ [0003]). Regarding Claim 4, BAEK et al. as modified by HE et al. discloses the limitations of claim 1. BAEK et al. Figs. 1-11, further discloses, wherein a first work function metal (WFM) surrounds the semiconductor layers of the first nanosheet stack and the semiconductor layers of the second nanosheet stack (“Each of the lower and upper gate metal patterns 220L, 220U may include a work-function metal layer and a conductor layer” ¶ [0088]). Regarding Claim 5, BAEK et al. as modified by HE et al. discloses the limitations of claim 4. BAEK et al. Figs. 1-11, further discloses, wherein a second WFM is placed over and in direct contact with the first WFM (“Each of the lower and upper gate metal patterns may include a work-function metal layer and a conductor layer. The work-function metal layer may be formed of Ti, Ta or their compound such as TiN, TiAl, TiAlN, TaN, TiC, TaC, TiAlC, TaCN, TaSiN, and/or a combination thereof, not being limited thereto. The conductor layer may be formed of Cu, Al, W, Mo, Ru or their compound, not being limited thereto.” ¶ [0119]). Regarding Claim 7, BAEK et al. as modified by HE et al. discloses the limitations of claim 4. BAEK et al. Figs. 1-11, further discloses, wherein inner spacers are disposed directly between the first WFM and the first epitaxial growth (“these source/drain regions are isolated from the sacrificial layers 110S and 120S by the inner spacers 165” ¶ [0071]). Regarding Claim 8, BAEK et al. as modified by HE et al. discloses the limitations of claim 4. BAEK et al. Figs. 1-11, further discloses, wherein inner spacers are disposed directly between the first WFM and the second epitaxial growth (“these source/drain regions are isolated from the sacrificial layers 110S and 120S by the inner spacers 165” ¶ [0071]). Regarding Claim 9, BAEK et al. as modified by HE et al. discloses the limitations of claim 1. However, BAEK et al. does not disclose, wherein inner spacers of the first epitaxial growth are vertically offset from inner spacers of the second epitaxial growth. In the similar field of endeavor of structures or layer of semiconductor devices including a nanosheet transistor HE et al. Figs. 1-18 discloses, wherein inner spacers 24_L of the first epitaxial growth 42_L are vertically offset (Fig. 16A shows inner spacers 24_L are vertically offset from inner spacers 24_U) from inner spacers 24_U of the second epitaxial growth 42_U. It would have been obvious to person having ordinary skill in the art before the effective filling date to modify inner spacer of BAEK et al. with the inner spacer of HE et al. in order to manufacture an integrated circuit device including stacked transistors, such as a complementary field effect transistor (CFET) stack, was introduced to reduce an area thereof to close to one-half of the area of a corresponding non-stacked device (HE et al. ¶ [0003]). Regarding Claim 11, BAEK et al. discloses the limitations of claim 10. However, BAEK et al. does not disclose, wherein the second epitaxial growth has a stepped formation with respect to the first epitaxial growth. In the similar field of endeavor of structures or layer of semiconductor devices including a nanosheet transistor HE et al. Figs. discloses, wherein the second epitaxial growth (“upper source/drain regions 42_U” ¶ [0039]) has a stepped formation (Fig. 16A shows stepped formation of 42_U and 42_L) with respect to the first epitaxial growth (“lower source/drain regions 42_L may be formed” ¶ [0030]). It would have been obvious to person having ordinary skill in the art before the effective filling date to modify epitaxial growth of BAEK et al. with the stepped epitaxial growth of HE et al. in order to manufacture an integrated circuit device including stacked transistors, such as a complementary field effect transistor (CFET) stack, was introduced to reduce an area thereof to close to one-half of the area of a corresponding non-stacked device (HE et al. ¶ [0003]). Regarding Claim 12, BAEK et al. discloses the limitations of claim 10. However, BAEK et al. does not discloses, wherein the first epitaxial growth is isolated from the second epitaxial growth by an oxide layer and a nitride cap. In the similar field of endeavor of structures or layer of semiconductor devices including a nanosheet transistor HE et al. Figs. 1-18 discloses, wherein the first epitaxial growth 42_L is isolated from the second epitaxial growth 42_U by an oxide layer (“preliminary capping layers 43 may each be a silicon layer, and the silicon layer may be converted to a silicon oxide layer by an oxidation process” ¶ [0035]) and a nitride cap (“capping layers 44 may include a silicon oxide layer, a silicon oxynitride layer, a silicon nitride layer, a silicon germanium nitride layer or a germanium nitride layer” ¶ [0033]). It would have been obvious to person having ordinary skill in the art before the effective filling date to modify epitaxial growth of BAEK et al. with the stepped epitaxial growth of HE et al. in order to manufacture an integrated circuit device including stacked transistors, such as a complementary field effect transistor (CFET) stack, was introduced to reduce an area thereof to close to one-half of the area of a corresponding non-stacked device (HE et al. ¶ [0003]). Regarding Claim 13, BAEK et al. discloses the limitations of claim 10. BAEK et al. Figs. 1-11, further discloses, a first work function metal (WFM) surrounds semiconductor layers of the first and second FETs (“Each of the lower and upper gate metal patterns 220L, 220U may include a work-function metal layer and a conductor layer” ¶ [0088]). Regarding Claim 14, BAEK et al. as modified by HE et al. discloses the limitations of claim 13. BAEK et al. Figs. 1-11, further discloses, wherein a second WFM is placed over and in direct contact with the first WFM (“Each of the lower and upper gate metal patterns may include a work-function metal layer and a conductor layer. The work-function metal layer may be formed of Ti, Ta or their compound such as TiN, TiAl, TiAlN, TaN, TiC, TaC, TiAlC, TaCN, TaSiN, and/or a combination thereof, not being limited thereto. The conductor layer may be formed of Cu, Al, W, Mo, Ru or their compound, not being limited thereto.” ¶ [0119]). Regarding Claim 16, BAEK et al. as modified by HE et al. discloses the limitations of claim 4. BAEK et al. Figs. 1-11, further discloses, wherein inner spacers are disposed directly between the first WFM and the first epitaxial growth, and between the first WFM and the second epitaxial growth (“these source/drain regions are isolated from the sacrificial layers 110S and 120S by the inner spacers 165” ¶ [0071]). Regarding Claim 17, BAEK et al. discloses the limitations of claim 10. However, BAEK et al. does not disclose, wherein inner spacers of the first epitaxial growth are vertically offset from inner spacers of the second epitaxial growth. In the similar field of endeavor of structures or layer of semiconductor devices including a nanosheet transistor HE et al. Figs. 1-18 discloses, wherein inner spacers 24_L of the first epitaxial growth 42_L are vertically offset (Fig. 16A shows inner spacers 24_L are vertically offset from inner spacers 24_U) from inner spacers 24_U of the second epitaxial growth 42_U. It would have been obvious to person having ordinary skill in the art before the effective filling date to modify inner spacer of BAEK et al. with the inner spacer of HE et al. in order to manufacture an integrated circuit device including stacked transistors, such as a complementary field effect transistor (CFET) stack, was introduced to reduce an area thereof to close to one-half of the area of a corresponding non-stacked device (HE et al. ¶ [0003]). Claims 6 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over BAEK, Jaejik (US 20230343823 A1) “BAEK et al.” in view of HE, MING (US 20230178440 A1) “HE et al.” further in view of YUN, Seungchan (US 20230343824 A1) “YUN et al.”. Regarding Claim 6, BAEK et al. as modified by HE et al. discloses the limitations of claim 4. However, BAEK et al. does not disclose, wherein the first WFM is horizontally aligned with the first and second epitaxial growths. In the similar field of endeavor of structures or layer of semiconductor devices including a nanosheet transistor YUN et al. Figs. 1A-1D discloses, wherein the first WFM 115F is horizontally aligned (“an initial work-function metal layer 115F′ and an initial gate electrode pattern 115P′. The gate dielectric layer 115D′ with the initial work-function metal layer 115F′ thereon may surround both the lower channel layers 110C of the lower channel structure 110 and the upper channel layers 120C of the upper channel structure 120. The initial gate electrode pattern 115P′ may be patterned to be formed on the initial work-function metal layer 115F′” ¶ [0065]) with the first 112 and second epitaxial growths 122 (“the upper source/drain regions 122 grown from the upper channel structure 120 may have a smaller width than the lower source/drain regions 112 grown from the lower channel structure 110 (as shown in FIGS. 1A-1D).” ¶ [0064]). It would have been obvious to person having ordinary skill in the art before the effective filling date to modify work function metal of BAEK et al. with the work function metal of YUN et al. in order to form a lower gate electrode for the lower nanosheet transistor for the purposes of cost-effectiveness, manufacturing simplicity and protection of a lower work-function metal layer (YUN et al. ¶ [0119]). Regarding Claim 15, BAEK et al. as modified by HE et al. discloses the limitations of claim 13. However, BAEK et al. does not disclose, wherein the first WFM is horizontally aligned with the first and second epitaxial growths. In the similar field of endeavor of structures or layer of semiconductor devices including a nanosheet transistor YUN et al. Figs. 1A-1D discloses, wherein the first WFM 115F is horizontally aligned (“an initial work-function metal layer 115F′ and an initial gate electrode pattern 115P′. The gate dielectric layer 115D′ with the initial work-function metal layer 115F′ thereon may surround both the lower channel layers 110C of the lower channel structure 110 and the upper channel layers 120C of the upper channel structure 120. The initial gate electrode pattern 115P′ may be patterned to be formed on the initial work-function metal layer 115F′” ¶ [0065]) with the first 112 and second epitaxial growths 122 (“the upper source/drain regions 122 grown from the upper channel structure 120 may have a smaller width than the lower source/drain regions 112 grown from the lower channel structure 110 (as shown in FIGS. 1A-1D).” ¶ [0064]). It would have been obvious to person having ordinary skill in the art before the effective filling date to modify work function metal of BAEK et al. with the work function metal of YUN et al. in order to form a lower gate electrode for the lower nanosheet transistor for the purposes of cost-effectiveness, manufacturing simplicity and protection of a lower work-function metal layer (YUN et al. ¶ [0119]). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to AKHEE SARKER-NAG whose telephone number is (703)756-4655. The examiner can normally be reached Monday -Friday 7:15 AM to 5:30 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, YARA J. GREEN can be reached on (571) 270-3035. 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. /AKHEE SARKER-NAG/Examiner, Art Unit 2893 /YARA B GREEN/Supervisor Patent Examiner, Art Unit 2893
Read full office action

Prosecution Timeline

Nov 28, 2022
Application Filed
Apr 22, 2024
Response after Non-Final Action
Mar 07, 2026
Non-Final Rejection — §102, §103 (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
82%
Grant Probability
91%
With Interview (+9.2%)
3y 7m
Median Time to Grant
Low
PTA Risk
Based on 60 resolved cases by this examiner. Grant probability derived from career allow rate.

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