Prosecution Insights
Last updated: August 08, 2026
Application No. 18/061,701

NANOSHEET METAL-INSULATOR-METAL CAPACITOR

Non-Final OA §102§103
Filed
Dec 05, 2022
Examiner
KHALIFA, MOATAZ
Art Unit
2815
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
International Business Machines Corporation
OA Round
1 (Non-Final)
92%
Grant Probability
Favorable
1-2
OA Rounds
0m
Est. Remaining
92%
With Interview

Examiner Intelligence

Grants 92% — above average
92%
Career Allowance Rate
57 granted / 62 resolved
+23.9% vs TC avg
Minimal +0% lift
Without
With
+0.1%
Interview Lift
resolved cases with interview
Typical timeline
3y 5m
Avg Prosecution
46 currently pending
Career history
110
Total Applications
across all art units

Statute-Specific Performance

§103
74.2%
+34.2% vs TC avg
§102
19.2%
-20.8% vs TC avg
§112
4.6%
-35.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 62 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 directed at a semiconductor device and corresponding to claims 1-10 in the reply filed on 02/23/2026 is acknowledged. Claims 11-20 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Group II directed at a method of fabricating a semiconductor device, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 02/23/2026. Information Disclosure Statement The information disclosure statement (IDS) submitted on 12/05/2022 was filed after the mailing date of the application on 12/05/2022. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. 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 1-4 and 6-10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kim et al, US 20230093897 A1 (Kim). Regarding claim 1; Kim teaches a semiconductor device comprising: a first nanosheet device (Kim: Annotated Fig (7) shared in this OA: First Nanosheet Device) including a plurality of active semiconductor layers (135), a first metal stack (First Metal Stack; 152-1; [0071]) wrapping around the active semiconductor layers (135), and a first gate insulator layer (First Gate Insulator Layer;154-1) between the active semiconductor layers (135) and the first metal stack (First Metal Stack; 152-1; [0071]); and and a second nanosheet device (Second Nanosheet Device) including a second metal contact (Second Metal Contact; 152-1; [0071]), the first metal stack (First Metal Stack; 152-1; [0071]) wrapping around the second metal contact (Second Metal Contact; 152-1; [0071]), and a second gate insulator layer (Second Gate Insulator Layer;154-1) between the second metal contact (Second Metal Contact; 152-1; [0071]) and the first metal stack (First Metal Stack; 152-1; [0071]). PNG media_image1.png 804 1443 media_image1.png Greyscale Regarding claim 2; Kim teaches all the limitations of the semiconductor device of claim 1. Further, Kim teaches wherein the first nanosheet device (Kim: Annotated Fig (7) shared in this OA: First Nanosheet Device) is a metal oxide semiconductor field effect transistor (MOSFET) device ([0005]-[0006]). Regarding claim 3; Kim teaches all the limitations of the semiconductor device of claim 1. Further, Kim teaches wherein the second nanosheet device (Second Nanosheet Device) is a metal-insulator-metal capacitor (MIMCAP) device (the structure of the Second Nanosheet Device is that of a metal (152-1) – insulator (154-1) – metal (152-1) capacitor). Regarding claim 4; Kim teaches all the limitations of the semiconductor device of claim 1. Further Kim teaches, further comprising a substrate (Kim: Annotated Fig (7) shared in this OA: 110), wherein the first nanosheet device (First Nanosheet Device) and the second nanosheet device (Second Nanosheet Device) are formed on the substrate (110), and wherein a portion of the first gate insulator (First Gate Insulator Layer) is formed between a bottom surface of the second nanosheet device (Second Nanosheet Device) and the substrate (110). Regarding claim 6; Kim teaches all the limitations of the semiconductor device of claim 1. Further, Kim teaches wherein the first gate insulator layer substrate (Kim: Annotated Fig (7) shared in this OA: First Gate Insulator Layer; 154-1; [0058]) comprises HfO2. Regarding claim 7; Kim teaches all the limitations of the semiconductor device of claim 1. Further, Kim teaches wherein the first metal stack (Kim: Annotated Fig (7) shared in this OA: First Metal Stack: 152-1) includes a high-κ metal gate (HKMG) layer ([0058]). Regarding claim 8; Kim teaches all the limitations of the semiconductor device of claim 1. Further, Kim teaches wherein the first nanosheet device (Kim: Annotated Fig (7) shared in this OA: First Nanosheet Device) includes a source/drain (S/D) epitaxial layer (141) in contact with the active semiconductor layers (135). Regarding claim 9; Kim teaches all the limitations of the semiconductor device of claim 1. Further, wherein the second nanosheet device (Kim: Annotated Fig (7) shared in this OA: Second Nanosheet Device) further includes a gate contact (Gate Contact; 152-1) that is a bottom electrode, and wherein the second metal contact (Second Metal Contact) is a top electrode. Regarding claim 10; Kim teaches all the limitations of the semiconductor device of claim 9. Further, Kim teaches wherein the first nanosheet device (Kim: Annotated Fig (7) shared in this OA: First Nanosheet Device) is a MOSFET ([0005]-[0006]) device and the second nanosheet device (Second Nanosheet Device) is a MIMCAP device (the structure of the Second Nanosheet Device is that of a metal (152-1) – insulator (154-1) – metal (152-1) capacitor). 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. Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Kim et al, US 20230093897 A1 (Kim) in view of Chiu et al, US 20220285528 A1 (Chiu) Regarding claim 5; Kim teaches all the limitations of the semiconductor device of claim 1. However, Kim does not teach wherein the first gate insulator layer includes a different material than the second gate insulator layer. Chiu teaches wherein the first gate insulator layer (Chiu: Fig (17A): 240) includes a different material ([0062]) than the second gate insulator layer (242). Kim and Chiu are considered analogous art. Thus, it would have been obvious, prior to the effective filing date of the instant application, to a person having ordinary skill in the art, to modify Kim by making the first gate insulator layer and the second gate insulator layer out of different materials as disclosed by Chiu to achieve the predictable result of improving the insulation of the gate leading to a more reliable device. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to Moataz Khalifa whose telephone number is (703)756-1770. The examiner can normally be reached Monday - Friday (8:30 am - 5:00). 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, Kretelia Graham can be reached at (571) 272-5055. 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. /M.K./Examiner, Art Unit 2817 /NICHOLAS J TOBERGTE/Primary Examiner, Art Unit 2817
Read full office action

Prosecution Timeline

Dec 05, 2022
Application Filed
Apr 22, 2024
Response after Non-Final Action
May 13, 2026
Non-Final Rejection mailed — §102, §103
Jul 30, 2026
Examiner Interview Summary
Jul 30, 2026
Applicant Interview (Telephonic)

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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
92%
Grant Probability
92%
With Interview (+0.1%)
3y 5m (~0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 62 resolved cases by this examiner. Grant probability derived from career allowance rate.

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