Prosecution Insights
Last updated: April 19, 2026
Application No. 18/079,079

CIRCUIT LAYOUTS WITH VARIABLE CIRCUIT CELL HEIGHTS IN THE SAME CIRCUIT ROW

Non-Final OA §102
Filed
Dec 12, 2022
Examiner
VU, HUNG K
Art Unit
2897
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
International Business Machines Corporation
OA Round
1 (Non-Final)
88%
Grant Probability
Favorable
1-2
OA Rounds
2y 8m
To Grant
97%
With Interview

Examiner Intelligence

Grants 88% — above average
88%
Career Allow Rate
861 granted / 984 resolved
+19.5% vs TC avg
Moderate +9% lift
Without
With
+9.3%
Interview Lift
resolved cases with interview
Typical timeline
2y 8m
Avg Prosecution
30 currently pending
Career history
1014
Total Applications
across all art units

Statute-Specific Performance

§101
0.2%
-39.8% vs TC avg
§103
42.0%
+2.0% vs TC avg
§102
40.1%
+0.1% vs TC avg
§112
11.4%
-28.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 984 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 . 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. Claim(s) 11 and 14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zhuang et al. (US 2020/0402968). Regarding claim 11, Zhuang et al. discloses, as shown in Figures 4, a semiconductor structure comprising: a first circuit row (ROW3), the first circuit row comprising a first circuit cell (CELLd) having a first cell height greater than a first row height (RH2) of the first circuit row; and a second circuit row (ROW2) adjacent the first circuit row, the second circuit row comprising a second circuit cell (CELLc) having a second cell height greater than a second row height (RH1) of the second circuit row; wherein a first portion of the first circuit cell (CELLd) extends into the second circuit row (ROW2), a second portion of the second circuit cell (CELLc) extends into the first circuit row (ROW3), and the first portion of the first circuit cell is offset from the second portion of the second circuit cell. Regarding claim 14, Zhuang et al. discloses the first circuit row further comprises a third circuit cell (CELLb) having a third cell height (RH2) equal to the first row height (RH2) of the first circuit row (ROW3). Claim(s) 16 and 18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kazue (JP2000-22084A). Regarding claim 16, Kazue discloses, as shown in Figure 7, a semiconductor structure comprising: a first circuit row (between upper 41/42), the first circuit row having a first set of two or more circuit cells having different cell heights, wherein horizontal centers of the first set of two or more circuit cells (43-49) are aligned with a first horizontal center line (imaginary middle line between upper 41 and 42) of the first circuit row; and a second circuit row (between lower 41/42) adjacent the first circuit row, the second circuit row having a second set of two or more circuit cells (50-59) having different cell heights, wherein horizontal centers of the second set of two or more circuit cells are aligned with a second horizontal center line (imaginary middle line between lower 41 and 42) of the second circuit row. Regarding claim 18, Kazue discloses the first set of two or more circuit cells comprises a first circuit cell (43) having a first cell height greater than a first row height (height from the upper 42 to 41) of the first circuit row, wherein the second set of two or more circuit cells comprises a second circuit cell (53,54,55,56,57,58, or 59) having a second cell height greater than a second row height (height from the lower 42 to lower 41) of the second circuit row, and wherein the first circuit cell in the first circuit row is horizontally offset from the second circuit cell in the second circuit row. Allowable Subject Matter Claims 1-10 are allowed. Claims 12-13, 15, 17 and 19-20 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: Applicant' s claims 1-10, 12-13, 15, 17 and 19-20 are allowable over the references of record because none of these references disclose or can be combined to yield the claimed semiconductor structure comprising the first circuit cell having a first cell height greater than a first row height of the first circuit row, the second circuit cell having a second cell height different than the first cell height, the third circuit cell having a third cell height less than a second row height of the second circuit row, and the first circuit cell in the first circuit row is at least partially aligned with the third circuit cell in the second circuit row, in combination with the remaining claimed limitations of claim 1; none of these references disclose or can be combined to yield the claimed semiconductor structure comprising a horizontal center of the first circuit cell is aligned with a first horizontal center line of the first circuit row and a horizontal center of the second circuit cell is aligned with a second horizontal center line of the second circuit row, as recited in claim 12; none of these references disclose or can be combined to yield the claimed semiconductor structure comprising the first circuit row further comprises a third circuit cell having a third cell height less than the first row height of the first circuit row, as recited in claim 13; none of these references disclose or can be combined to yield the claimed semiconductor structure comprising the first row height of the first circuit row is equal to the second row height of the second circuit row, as recited in claim 15; none of these references disclose or can be combined to yield the claimed semiconductor structure comprising the first set of two or more circuit cells comprises a first circuit cell having a first cell height greater than a first row height of the first circuit row, wherein the second set of two or more circuit cells comprises a second circuit cell having a second cell height less than a second row height of the second circuit row, and wherein the first circuit cell in the first circuit row is at least partially horizontally aligned with the second circuit cell in the second circuit row, as recited in claim 17; none of these references disclose or can be combined to yield the claimed semiconductor structure comprising the first set of two or more circuit cells comprises a first circuit cell having a first cell height greater than a first row height of the first circuit row and a second circuit cell having a second cell height less than the first row height of the first circuit row, as recited in claim 19; and none of these references disclose or can be combined to yield the claimed semiconductor structure comprising the first set of two or more circuit cells comprises a first circuit cell having a first cell height greater than a first row height of the first circuit row and a second circuit cell having a second cell height equal to the first row height of the first circuit row, as recited in claim 20. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to HUNG K VU whose telephone number is (571)272-1666. The examiner can normally be reached Monday - Friday: 7am - 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, JACOB CHOI can be reached at (469) 295-9060. 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. /HUNG K VU/ Primary Examiner, Art Unit 2897
Read full office action

Prosecution Timeline

Dec 12, 2022
Application Filed
Apr 09, 2024
Response after Non-Final Action
Jan 25, 2026
Non-Final Rejection — §102 (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
88%
Grant Probability
97%
With Interview (+9.3%)
2y 8m
Median Time to Grant
Low
PTA Risk
Based on 984 resolved cases by this examiner. Grant probability derived from career allow rate.

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