Prosecution Insights
Last updated: April 19, 2026
Application No. 18/060,168

ISOLATED SUPER VIA TO MIDDLE METAL LINE LEVEL

Non-Final OA §102
Filed
Nov 30, 2022
Examiner
OJEH, NDUKA E
Art Unit
2892
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
International Business Machines Corporation
OA Round
1 (Non-Final)
89%
Grant Probability
Favorable
1-2
OA Rounds
2y 5m
To Grant
87%
With Interview

Examiner Intelligence

Grants 89% — above average
89%
Career Allow Rate
686 granted / 769 resolved
+21.2% vs TC avg
Minimal -2% lift
Without
With
+-2.3%
Interview Lift
resolved cases with interview
Typical timeline
2y 5m
Avg Prosecution
25 currently pending
Career history
794
Total Applications
across all art units

Statute-Specific Performance

§101
0.1%
-39.9% vs TC avg
§103
50.5%
+10.5% vs TC avg
§102
28.9%
-11.1% vs TC avg
§112
12.7%
-27.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 769 resolved cases

Office Action

§102
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 11/30/2022 was filed. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. Specification The abstract and title are consistent with the requirements set forth in the MPEP 608.01(b) and 606, respectively. Claim Objections Claim 20 is objected to because of the following informalities: claim 20 recites “ the method of claim 8, wherein the dielectric fill material comprises a dielectric constant greater than the dielectric constant of silicon dioxide.” However, claim 14 already recites “the method of claim 8, wherein the dielectric fill material comprises a dielectric constant greater than the dielectric constant of silicon dioxide. Claim 20 should be dependent on claim 15 and should be corrected to recite “the method of claim 15, wherein the dielectric fill material comprises a dielectric constant greater than the dielectric constant of silicon dioxide. Appropriate correction is required. 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. (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 1-4, 6-11, 13-18 and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Briggs et al. US PGPub. 2018/0114752. Regarding claim 1, Briggs teaches a super via device (fig. 10) [0019] comprising: a super via structure (228/270, fig. 10) [0081]; a metallic line (Ms/160, fig. 10) [0036]; and a dielectric fill material (240/245, fig. 10) [0072] located between sidewalls of the super via structure (270) and the metallic line (160) (Briggs et al., fig. 10). Regarding claim 2, Briggs teaches the super via device of claim 1, wherein the dielectric fill material (240/245) comprises at least one of AlO, HfO, SiN [0074] (Briggs et al., fig. 10, [0074]). Regarding claim 3, Briggs teaches the super via device of claim 1, wherein the super via structure (270) comprises at least one of Cu, Co, Ru, W [0083], Rh or Ir (Briggs et al., fig. 10, [0083]). Regarding claim 4, Briggs teaches the super via device of claim 1, wherein the super via structure (270) comprises two or more sidewall angles (left and right sidewalls each have 180˚ angles) (Briggs et al., fig. 10). Regarding claim 6, Briggs teaches the super via device of claim 1, wherein the super via structure (270) comprises a first (left) sidewall and a second (right) sidewall, and wherein the dielectric fill material (245) comprises a first fill material (hereinafter called 245L, fig. 10) between the first (left) sidewall and the metallic line (160) and a second fill material (hereinafter called 245R, fig. 10) between the second (right) sidewall and the metallic line (160) (Briggs et al., fig. 10). Regarding claim 7, Briggs teaches the super via device of claim 1, wherein the dielectric fill material (245) comprises (SiN, [0074]) a dielectric constant greater than the dielectric constant of silicon dioxide (Briggs et al., fig. 10, [0074]). See [0006] of US PGPub. 2021/0202639 as evidence that the dielectric constant of SiN is about 8 while the dielectric constant of SiO2 is about 4. Regarding claim 8, Briggs teaches a method (fig. 1-10) for fabricating a semiconductor device (fig. 10) by a fabrication system, the method comprising: forming (fig. 1), by the fabrication system, a wafer (99, fig. 1) [0028] comprising a metallic line (160/M2, fig. 1) [0035]; patterning (P1, fig. 3-6) [0050], by the fabrication system, a channel (220-230, fig. 6) through the metallic line (160/M2); filling (fig. 7), by the fabrication system, the channel (220-230) with a dielectric fill material (240/245, fig. 7) [0068]; patterning (fig. 8), by the fabrication system, a second channel (228, fig. 8) [0072], [0077] through the dielectric fill material (245); and forming, by the fabrication system, a super via structure (270, fig. 10) [0081] in the second channel (228) (Briggs et al., fig. 1-10). Regarding claim 9, Briggs teaches the method of claim 8, wherein the dielectric fill material comprises at least one of AlOx, HfOx, SiN [0074] (Briggs et al., fig. 10, [0074]). Regarding claim 10, Briggs teaches the method of claim 8, wherein the super via structure (270) comprises at least one of Cu, Co, Ru, W [0083], Rh or Ir (Briggs et al., fig. 10, [0083]). Regarding claim 11, Briggs teaches the method of claim 8, wherein the super via structure comprises two or more sidewall angles (left and right sidewalls each have 180˚ angles) (Briggs et al., fig. 10). Regarding claim 13, Briggs teaches the method of claim 8, wherein the super via structure (270) comprises a first (left) sidewall and a second (right) sidewall, and wherein the dielectric fill material (245) comprises a first fill material (hereinafter called 245L, fig. 10) between the first (left) sidewall and the metallic line (160) and a second fill material (hereinafter called 245R, fig. 10) between the second (right) sidewall and the metallic line (160) (Briggs et al., fig. 10). Regarding claim 14, Briggs taches the method of claim 8, wherein the dielectric fill material (245) comprises (SiN, [0074]) a dielectric constant greater than the dielectric constant of silicon dioxide (Briggs et al., fig. 10, [0074]). See [0006] of US PGPub. 2021/0202639 as evidence that the dielectric constant of SiN is about 8 while the dielectric constant of SiO2 is about 4. Regarding claim 15, Briggs teaches a method (fig. 1-10) for fabricating a semiconductor device (fig. 10) by a fabrication system, the method comprising: forming (fig. 1), by the fabrication system, a wafer (99, fig. 1) [0028] comprising a metallic line (160/M2, fig. 1) [0035]; etching (fig. 4), by the fabrication system, a first portion (220, fig. 4) [0064] of a first channel (220-230, fig. 6) from a top layer (PD2, fig. 6) of the wafer (99) to the metallic line (160/M2); etching (fig. 6), by the fabrication system, a second portion (230, fig. 6) [0064] of the first channel (220-230) through the metallic line (160/M2), wherein the second portion (230) of the first channel (220-230) comprises a width (fig. 6, [0066]) greater than the first portion (220) of the first channel (220-230); filling (fig. 7), by the fabrication system, the first channel (220-230) with a dielectric fill material (240/245, fig. 7) [0068]; etching (fig. 8-9), by the fabrication system, a second channel (228, fig. 9) [0081] through the dielectric fill material (245), wherein the second channel (228) comprises a width less than (fig. 9) the width of the second portion (230) of the first channel (220-230); and forming (fig. 10), by the fabrication system, a super via structure (270, fig. 10) [0081] in the second channel (228) (Briggs et al., fig., 1-10). Regarding claim 16, Briggs teaches the method of claim 15, wherein the dielectric fill material comprises at least one of AlOx, HfOx, SiN [0074] (Briggs et al., fig. 10, [0074]). Regarding claim 17, Briggs teaches the method of claim 15, wherein the super via structure (270) comprises at least one of Cu, Co, Ru, W [0083], Rh or Ir (Briggs et al., fig. 10, [0083]). Regarding claim 18, Briggs teaches the method of claim 15, wherein the super via structure comprises two or more sidewall angles (left and right sidewalls each have 180˚ angles) (Briggs et al., fig. 10). Regarding claim 20, Briggs teaches the method of claim 15, wherein the dielectric fill material (245) comprises (SiN, [0074]) a dielectric constant greater than the dielectric constant of silicon dioxide (Briggs et al., fig. 10, [0074]). See [0006] of US PGPub. 2021/0202639 as evidence that the dielectric constant of SiN is about 8 while the dielectric constant of SiO2 is about 4. Allowable Subject Matter Claims 5, 12 and 19 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. The following is a statement of reasons for the indication of allowable subject matter: the prior arts of record taken alone or in combination neither anticipates nor renders obvious the super via device and a method for fabricating a semiconductor device wherein “the super via structure comprises a first sidewall and a second sidewall, wherein the first sidewall comprises a first set of two or more sidewall angles and the second sidewall comprises a second set of two or more sidewall angles” as recited in claims 5, 12 and 19. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to NDUKA E OJEH whose telephone number is (571)270-0291. The examiner can normally be reached M-F; 9am - 5pm.. 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, DREW N RICHARDS can be reached at (571) 272-1736. 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. /NDUKA E OJEH/Primary Examiner, Art Unit 2892
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Prosecution Timeline

Nov 30, 2022
Application Filed
Jun 10, 2024
Response after Non-Final Action
Jan 08, 2026
Non-Final Rejection — §102
Apr 07, 2026
Response Filed

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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
87%
With Interview (-2.3%)
2y 5m
Median Time to Grant
Low
PTA Risk
Based on 769 resolved cases by this examiner. Grant probability derived from career allow rate.

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