Prosecution Insights
Last updated: April 19, 2026
Application No. 18/093,713

VIA STRUCTURE WITHOUT LINER INTERFACE

Non-Final OA §103
Filed
Jan 05, 2023
Examiner
TRAN, TONY
Art Unit
2893
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
International Business Machines Corporation
OA Round
3 (Non-Final)
70%
Grant Probability
Favorable
3-4
OA Rounds
2y 11m
To Grant
99%
With Interview

Examiner Intelligence

Grants 70% — above average
70%
Career Allow Rate
597 granted / 850 resolved
+2.2% vs TC avg
Strong +34% interview lift
Without
With
+34.0%
Interview Lift
resolved cases with interview
Typical timeline
2y 11m
Avg Prosecution
61 currently pending
Career history
911
Total Applications
across all art units

Statute-Specific Performance

§101
0.2%
-39.8% vs TC avg
§103
59.0%
+19.0% vs TC avg
§102
35.2%
-4.8% vs TC avg
§112
3.9%
-36.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 850 resolved cases

Office Action

§103
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 . Continued Examination Under 37 CFR 1.114 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 final rejection. 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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 01/23/2026 has been entered. 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(s) 1-10 and 21-30 is/are rejected under 35 U.S.C. 103 as being unpatentable over Leobandung (Patent No.: US 10446490) in view of Clevenger (Patent No.: US 9837309). PNG media_image1.png 533 975 media_image1.png Greyscale Re claim 1, Leobandung, FIG. 4G teaches an interconnect structure, comprising: a first metal via [FMV] disposed on a first metal line (402) of a first metallization layer disposed in a dielectric layer (200), wherein a portion of the first metal via extends above the dielectric layer; a first liner layer (208+404) disposed on the dielectric layer (200) and on the sidewalls of the first metal via [SP] extending above the dielectric layer; and a second metallization layer (406) comprising a first metal line (404) disposed on the first liner layer (208+404) disposed on the dielectric layer (200) and the top surface of the first metal via [FMV] extending above the dielectric layer. Leobandung fails to teach a first liner layer disposed on a top surface of the first metal via; and a second metallization layer disposed on the sidewalls of the first metal via. Clevenger teaches a first liner layer (30/26, FIG. 4, col. 4, lines 40-50) disposed on a top surface of the first metal via (22); and a second metallization layer (18) disposed on the sidewalls of the first metal via (22). It would have been obvious for a person of ordinary skill in the art before the effective filing date of the claim invention to include the above said teaching for the purpose of preventing electromigration of the via material as taught by Clevenger, BACKGROUND. Re claim 2, Leobandung, FIG. 4G teaches the interconnect structure according to claim 1, wherein the first metal via comprises a first portion [FP] extending from the first metal line (402) of the first metallization layer to a top surface of the dielectric layer (200) and a second portion [SP] extending above the top surface of the dielectric layer and within the first metal line (404) of the second metallization layer. Re claim 3, Leobandung, FIG. 4G teaches the interconnect structure according to claim 1, wherein the first metal via comprises a first conductive metal (material of 406) and the first metal line (404) of the second metallization layer comprises a second conductive metal. Re claim 4, Leobandung, FIG. 4G teaches the interconnect structure according to claim 3, wherein the first conductive metal is the same as the second conductive metal (said tungsten material of 406 and 404, col. 6, lines 13-27). Re claim 5 Leobandung, FIG. 4G teaches the interconnect structure according to claim 3, wherein the first conductive metal is different than the second conductive metal (said tungsten material of 406 and ruthenium material of 404, col. 6, lines 13-27). Re claim 6, Leobandung, FIG. 4G teaches the interconnect structure according to claim 1, wherein the first liner layer comprises a single layer (208). Re claim 7, Leobandung, FIG. 4G teaches the interconnect structure according to claim 1, wherein the first liner layer comprises a plurality of layers (208/404). Re claim 8, Leobandung, FIG. 4G teaches the interconnect structure according to claim 1, wherein the first liner layer comprises a plurality of layers each of a different conductive liner material (400/404). Re claim 21, Leobandung, FIG. 4G teaches an integrated circuit comprising one or more interconnect structures, wherein at least one of the one or more interconnect structures comprises: a first metal via [FMV] disposed on a first metal line (402) of a first metallization layer disposed in a dielectric layer (200), wherein a portion of the first metal via extends above the dielectric layer (200); a first liner layer (208) disposed on the dielectric layer and on the sidewalls of the first metal via extending above the dielectric layer; and a second metallization layer comprising a first metal line (404) disposed on the first liner layer disposed on the dielectric layer (200) and the top surface of the first metal via [FMV] extending above the dielectric layer. Leobandung fails to teach a first liner layer disposed on a top surface of the first metal via; and a second metallization layer disposed on the sidewalls of the first metal via. Clevenger teaches a first liner layer (30/26, FIG. 4, col. 4, lines 40-50) disposed on a top surface of the first metal via (22); and a second metallization layer (18) disposed on the sidewalls of the first metal via (22). It would have been obvious for a person of ordinary skill in the art before the effective filing date of the claim invention to include the above said teaching for the purpose of preventing electromigration of the via material as taught by Clevenger, BACKGROUND. Re claim 22, Leobandung, FIG. 4G teaches the integrated circuit according to claim 21, wherein the first metal via [FMV] comprises a first portion [FP] extending from the first metal line of the first metallization layer to a top surface of the dielectric layer (200) and a second portion [SP] extending above the top surface of the dielectric layer and within the first metal line (404) of the second metallization layer. Re claim 23, Leobandung, FIG. 4G teaches the integrated circuit according to claim 21, wherein the first metal via comprises a first conductive metal (material of 406) and the first metal line (404) of the second metallization layer comprises a second conductive metal. Re claim 24, Leobandung, FIG. 4G teaches the integrated circuit according to claim 23, wherein the first conductive metal is the same as the second conductive metal (said tungsten material of 406 and 404, col. 6, lines 13-27). Re claim 25, Leobandung, FIG. 4G teaches the integrated circuit according to claim 23, wherein the first conductive metal is different than the second conductive metal (said tungsten material of 406 and ruthenium material of 404, col. 6, lines 13-27). Re claim 26, Leobandung, FIG. 4G teaches the integrated circuit according to claim 21, wherein the first liner layer comprises a single layer (208). Re claim 27, Leobandung, FIG. 4G teaches the integrated circuit according to claim 21, wherein the first liner layer comprises a plurality of layers (208/404). Re claim 28, Leobandung, FIG. 4G teaches the integrated circuit according to claim 21, wherein the first liner layer comprises a plurality of layers each of a different conductive liner material (400/404). Re claim 29, Leobandung, FIG. 4G teaches the integrated circuit according to claim 21, wherein the first liner layer (208/404) is disposed on sidewalls of the first metal via [FMV]. Re claim 30, Leobandung, FIG. 4G teaches the integrated circuit according to claim 21, wherein the at least one of the one or more interconnect structures further comprises: a second metal via (406) disposed on a second metal line (400/404) of the first metallization layer; a second liner layer (208) disposed on the dielectric layer (200) and the second metal via; and a second metal line (404) of the second metallization layer disposed on the second liner layer (400/404). Claim(s) 1-10 and 21-30 is/are rejected under 35 U.S.C. 103 as being unpatentable over Murray (Patent No.: US 10714379) filed in the IDS on 01/05/2023 in view of Clevenger. PNG media_image2.png 528 818 media_image2.png Greyscale Re claim 1, Murray, FIG. 6 [as shown above] teaches an interconnect structure, comprising: a first metal via ([FMV]/40) disposed on a first metal line (20) of a first metallization layer disposed in a dielectric layer (25); wherein a portion of the first metal via [FMV] extends above the dielectric layer (25); a first liner layer (15b+30 or (15b/30/35) for claims 7-8) disposed on the dielectric layer and on the sidewalls of the first metal via [FMV] extending above the dielectric layer (25); a second metallization layer (45/30/35) comprising a first metal line (20/30) disposed on the first liner layer (15b) disposed on the dielectric layer (25) and the top surface of the first metal via [FMV] extending above the dielectric layer. Murray fails to teach a first liner layer disposed on a top surface of the first metal via; and a second metallization layer disposed on the sidewalls of the first metal via. Clevenger teaches a first liner layer (30/26, FIG. 4, col. 4, lines 40-50) disposed on a top surface of the first metal via (22); and a second metallization layer (18) disposed on the sidewalls of the first metal via (22). It would have been obvious for a person of ordinary skill in the art before the effective filing date of the claim invention to include the above said teaching for the purpose of preventing electromigration of the via material as taught by Clevenger, BACKGROUND. Re claim 2, Murray, FIG. 6 [as shown above] teaches the interconnect structure according to claim 1, wherein the first metal via comprises a first portion [FP] extending from the first metal line (20) of the first metallization layer to a top surface of the dielectric layer (25) and a second portion [SP] extending above the top surface of the dielectric layer (25) and within the first metal line of the second metallization layer (45). Re claim 3, Murray, FIG. 6 [as shown above] teaches the interconnect structure according to claim 1, wherein the first metal via [FMV] comprises a first conductive metal (20) and the first metal line (20/30) of the second metallization layer comprises a second conductive metal (30). Re claim 4, Murray, FIG. 6 [as shown above] teaches the interconnect structure according to claim 3, wherein the first conductive metal (said Cu or Al material of 20, col. 4, lines 10-17) is the same as the second conductive metal (said copper or silver material of 45, col. 9, lines 1-17). Re claim 5, Murray, FIG. 6 [as shown above] teaches the interconnect structure according to claim 3, wherein the first conductive metal [FMV] is different than the second conductive metal (30). Re claim 6, Murray, FIG. 6 [as shown above] teaches the interconnect structure according to claim 1, wherein the first liner layer comprises a single layer (15b). Re claim 7, Murray, FIG. 6 [as shown above] teaches the interconnect structure according to claim 1, wherein the first liner layer (15b/30/35) comprises a plurality of layers. Re claim 8, Murray, FIG. 6 [as shown above] teaches the interconnect structure according to claim 1, wherein the first liner layer comprises a plurality of layers each of a different conductive liner material (15b/30/35). Re claim 9, Murray, FIG. 6 [as shown above] teaches the interconnect structure according to claim 1, wherein the first liner layer (15b) is disposed on sidewalls of the first metal via [FMV]. Re claim 10, Murray, FIG. 6 [as shown above] teaches the interconnect structure according to claim 1, further comprising: a second metal via (45) disposed on a second metal line (30) of the first metallization layer; a second liner layer (15a) disposed on the dielectric layer (25) and the second metal via (45); and a second metal line (35) of the second metallization layer (45/30/35) disposed on the second liner layer (30). Re claim 21, Murray, FIG. 6 [as shown above] teaches an integrated circuit comprising one or more interconnect structures, wherein at least one of the one or more interconnect structures comprises: a first metal via [FMV] disposed on a first metal line (20/30) of a first metallization layer disposed in a dielectric layer (25), wherein a portion of the first metal via extends above the dielectric layer; a first liner layer (15b+30 or (15b/30/35) for claims 27-28) disposed on the dielectric layer (25) and on the sidewalls the first metal via [FMV] extending above the dielectric layer (25); and a second metallization layer (45/30/35) comprising a first metal line (30) disposed on the first liner layer (15b) disposed on the dielectric layer (25) and the top surface of the first metal via [FMV] extending above the dielectric layer. Murray fails to teach a first liner layer disposed on a top surface of the first metal via; and a second metallization layer disposed on the sidewalls of the first metal via. Clevenger teaches a first liner layer (30/26, FIG. 4, col. 4, lines 40-50) disposed on a top surface of the first metal via (22); and a second metallization layer (18) disposed on the sidewalls of the first metal via (22). It would have been obvious for a person of ordinary skill in the art before the effective filing date of the claim invention to include the above said teaching for the purpose of preventing electromigration of the via material as taught by Clevenger, BACKGROUND. Re claim 22, Murray, FIG. 6 [as shown above] teaches the integrated circuit according to claim 21, wherein the first metal via [FMV] comprises a first portion [FP] extending from the first metal line of the first metallization layer to a top surface of the dielectric layer (25) and a second portion [SP] extending above the top surface of the dielectric layer and within the first metal line of the second metallization layer (45/30/35). Re claim 23, Murray, FIG. 6 [as shown above] teaches the integrated circuit according to claim 21, wherein the first metal via comprises a first conductive metal [FMV] and the first metal line (20/30) of the second metallization layer comprises a second conductive metal. Re claim 24, Murray, FIG. 6 [as shown above] teaches the integrated circuit according to claim 23, wherein the first conductive metal (said copper or silver material of 45, col. 9, lines 1-17) is the same as the second conductive metal (said Cu or Al material of 20, col. 4, lines 10-17). Re claim 25, Murray, FIG. 6 [as shown above] teaches the integrated circuit according to claim 23, wherein the first conductive metal [FMV] is different than the second conductive metal (30). Re claim 26, Murray, FIG. 6 [as shown above] teaches the integrated circuit according to claim 21, wherein the first liner layer comprises a single layer (15b). Re claim 27, Murray, FIG. 6 [as shown above] teaches the integrated circuit according to claim 21, wherein the first liner layer comprises a plurality of layers. Re claim 28, Murray, FIG. 6 [as shown above] teaches the integrated circuit according to claim 21, wherein the first liner layer comprises a plurality of layers each of a different conductive liner material (15b/30/35). Re claim 29, Murray, FIG. 6 [as shown above] teaches the integrated circuit according to claim 21, wherein the first liner layer is disposed on sidewalls of the first metal via [FMV]. Re claim 30, Murray, FIG. 6 [as shown above] teaches the integrated circuit according to claim 21, wherein the at least one of the one or more interconnect structures further comprises: a second metal via (45) disposed on a second metal line (20/30) of the first metallization layer; a second liner layer (15b) disposed on the dielectric layer (25) and the second metal via [FMV]; and a second metal line (20/30) of the second metallization layer disposed on the second liner layer. Response to Arguments Applicant's arguments with respect to claims 1-10 and 21-30 on the remarks filed on 01/23/2026 have been considered but are moot in view of the new ground(s) of rejection. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to TONY TRAN whose telephone number is (571)270-1749. The examiner can normally be reached Monday-Friday, 8AM-5PM, EST. 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, Britt Hanley can be reached at 571-270-3042. 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. /TONY TRAN/Primary Examiner, Art Unit 2893
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Prosecution Timeline

Jan 05, 2023
Application Filed
Oct 10, 2025
Non-Final Rejection — §103
Oct 28, 2025
Response Filed
Dec 12, 2025
Final Rejection — §103
Dec 23, 2025
Response after Non-Final Action
Jan 23, 2026
Request for Continued Examination
Feb 02, 2026
Response after Non-Final Action
Feb 11, 2026
Non-Final Rejection — §103 (current)

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Prosecution Projections

3-4
Expected OA Rounds
70%
Grant Probability
99%
With Interview (+34.0%)
2y 11m
Median Time to Grant
High
PTA Risk
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