Prosecution Insights
Last updated: July 17, 2026
Application No. 18/072,840

Replacement Metal Gate Integration for Gate All Around Transistors

Non-Final OA §112
Filed
Dec 01, 2022
Examiner
SALAZ, SAMMANTHA KATELYN
Art Unit
2892
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
International Business Machines Corporation
OA Round
3 (Non-Final)
88%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 88% — above average
88%
Career Allowance Rate
22 granted / 25 resolved
+20.0% vs TC avg
Strong +18% interview lift
Without
With
+17.6%
Interview Lift
resolved cases with interview
Typical timeline
3y 2m
Avg Prosecution
20 currently pending
Career history
54
Total Applications
across all art units

Statute-Specific Performance

§103
82.5%
+42.5% vs TC avg
§102
5.8%
-34.2% vs TC avg
§112
7.3%
-32.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 25 resolved cases

Office Action

§112
CTNF 18/072,840 CTNF 100255 DETAILED ACTION 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. Continued Examination Under 37 CFR 1.114 07-42-05 AIA A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after allowance or after an Office action under Ex Parte Quayle , 25 USPQ 74, 453 O.G. 213 (Comm'r Pat. 1935). Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, prosecution in this application has been reopened pursuant to 37 CFR 1.114. Applicant's submission filed on 5/20/2026 has been entered. Status of the Claims Claims 20-21 and 23 are pending in the application and are currently being examined. Claims 1-19, 22, and 24-26 have been canceled. No new claims have been added. Examiner’s Note After receipt of the IDS, Examiner reviewed claims 20-21 and 23. Examiner found an issue with claim language that was not previously on the record. The rejection to follow notes the issue found. Information Disclosure Statement The information disclosure statement (IDS) submitted on 5/20/2026 is being considered by the examiner. Claim Rejections - 35 USC § 112 07-30-02 AIA The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. 07-34-01 Claims 20-21 and 23 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Claim 20 recites the limitation " the sacrificial gate hardmask " in lines 13 and 18 . There is insufficient antecedent basis for this limitation in the claim. It appears to relate back to the limitation “ a sacrificial hardmask ” in line 12 . For the purposes of examination “ a sacrificial hardmask ” will be interpreted to read “ a sacrificial gate hardmask ”. Claims 21 and 23 are also rejected under 35 U.S.C. 112(b) as being indefinite for further limiting and being dependent on indefinite claim 20 . Allowable Subject Matter 12-151-07 AIA 07-97 12-51-07 Claim (s) 20-21 and 23 ( as interpreted ) is/are allowed. 13-03 AIA The following is an examiner’s statement of reasons for allowance: Claims 20-21 and 23 ( as interpreted ) are allowed primarily because the prior art of record cannot anticipate or render obvious the following limitations, in combination as recited in independent claim(s) 20: “ forming a sacrificial gate over the first device stack and the second device stack using a sacrificial gate hardmask; selectively opening the sacrificial gate hardmask over the first device stack; selectively removing the sacrificial gate and the sacrificial layers from the first device stack; forming a first gate dielectric on the active layers of the first device stack; depositing a first sacrificial placeholder over the first gate dielectric; removing the sacrificial gate hardmask from over the second device stack; selectively removing the sacrificial gate and the sacrificial layers from the second device stack; forming a second gate dielectric on the active layers of the second device stack ”. The closest prior art of record, Liaw teaches forming a first and second transistor of differing polarities and a single pair of vertically adjoining sidewalls but fails to teach the steps involving selectively removing the sacrificial hardmask to form gate dielectrics as described in independent claim 20, nor could Examiner find any reason for this limitation . Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.” Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to SAMMANTHA K SALAZ whose telephone number is (571)272-2484. The examiner can normally be reached Monday - Friday 8:00am-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 attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, N. Drew 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. /SAMMANTHA K SALAZ/Examiner, Art Unit 2892 /NORMAN D RICHARDS/Supervisory Patent Examiner, Art Unit 2892 Application/Control Number: 18/072,840 Page 2 Art Unit: 2892 Application/Control Number: 18/072,840 Page 3 Art Unit: 2892 Application/Control Number: 18/072,840 Page 4 Art Unit: 2892 Application/Control Number: 18/072,840 Page 5 Art Unit: 2892
Read full office action

Prosecution Timeline

Show 2 earlier events
Jan 20, 2026
Applicant Interview (Telephonic)
Jan 20, 2026
Examiner Interview Summary
Jan 21, 2026
Response Filed
Feb 18, 2026
Final Rejection mailed — §112
Apr 13, 2026
Response after Non-Final Action
May 20, 2026
Request for Continued Examination
May 22, 2026
Response after Non-Final Action
Jun 02, 2026
Non-Final Rejection mailed — §112 (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

3-4
Expected OA Rounds
88%
Grant Probability
99%
With Interview (+17.6%)
3y 2m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 25 resolved cases by this examiner. Grant probability derived from career allowance rate.

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