Prosecution Insights
Last updated: April 19, 2026
Application No. 18/122,680

FULLY ALIGNED VIA TO SINGLE DAMASCENE UPPER TRENCH

Non-Final OA §102§103
Filed
Mar 16, 2023
Examiner
PHAM, THANHHA S
Art Unit
2812
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
International Business Machines Corporation
OA Round
2 (Non-Final)
85%
Grant Probability
Favorable
2-3
OA Rounds
2y 5m
To Grant
90%
With Interview

Examiner Intelligence

Grants 85% — above average
85%
Career Allow Rate
742 granted / 872 resolved
+17.1% vs TC avg
Minimal +5% lift
Without
With
+4.9%
Interview Lift
resolved cases with interview
Typical timeline
2y 5m
Avg Prosecution
22 currently pending
Career history
894
Total Applications
across all art units

Statute-Specific Performance

§103
33.6%
-6.4% vs TC avg
§102
35.5%
-4.5% vs TC avg
§112
23.4%
-16.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 872 resolved cases

Office Action

§102 §103
DETAILED ACTION This Office Action is in response to Applicant’s Amendment dated 11/25/2025. 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. Claims 1-5 and 7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Xie et al [USD 2022/0020688] ► With respect to claim 1, Xie at al (figs 1, 4A-4B, text [0001]-[0068]) discloses the claimed semiconductor interconnect structure, comprising: a lower level via (Vx-1, text [0011]) that is fully aligned to an upper level metal line (Mx), wherein: the lower level via is elongated along a lower level metal line direction (direction of lower level metal line Mx-1); and a first length of a top portion of the lower level via (Vx-1, fig 4B) running along the lower level metal line direction is less than a second length of a bottom portion of the lower level via running along the lower metal line direction. PNG media_image1.png 1270 1132 media_image1.png Greyscale ► With respect to claim 2, Xie at al (fig 1) discloses the upper level metal line direction runs perpendicular to the lower level metal line direction. ► With respect to claim 3, Xie at al ( figs 1/4A/4B) discloses the lower level via electrically connects the lower level metal line to the upper level metal line. ► With respect to claim 4, Xie at al (text [0031]) discloses the lower level via is formed from a conductive metal material selected from the group consisting of aluminum (AI), ruthenium (Ru), rhodium (Rh), iridium (Ir), tungsten (W), molybdenum (Mo), and nickel (Ni). ► With respect to claim 5, Xie at al (text [0034]) discloses the upper level metal line is formed from copper (Cu). ► With respect to claim 7, Xie et al (fig 4B) discloses he lower level via includes a first vertical portion, a second vertical portion located adjacent to a first side of the first vertical portion, and a third vertical portion located adjacent to a second side of the first vertical portion;the second and third vertical portions of the lower level via are partially recessed with respect to a top surface the first vertical portion of the lower level via; and the upper level metal line is only located above the first vertical portion of the lower level via. 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. Claims 8-12 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Xie et al [USD 2022/0020688] in view of Huang et al [US 2021/0175125] ► With respect to claims 8-9, Xie et al al (figs 1, 4A-4B, text [0001]-[0068]) discloses a semiconductor interconnect structure, comprising: a contact via (Vx-1, text [0011]) that is fully aligned to an upper level metal line (Mx), wherein a first length of a top portion of the contact via is less than a second length of a bottom portion of the contact via running along the gate direction. Xie et al does not expressly teach the contact via is a elongated along a gate direction. However, Huang et al (figs 11/21C) teaches using the contact via (82/116) is elongated along a gate direction (see fig 11) wherein the contact via located on top of a source drain contact. Therefore, it would have been obvious for those skilled in art, in view of Huang et al, to have the via contact elongated and on top of source drain contact as being claimed to provide interconnection as being needed for transistor device operation. Combination of Xie et al in view Huang would provide the first length of the top portion of contact via running along the gate direction being less than the second length of the bottom portion of the via contact along the gate direction. ► With respect to claim 10, combination of Xie at al in view of Huang et al would provide the contact via electrically connects the source/drain contact to the upper level metal line. ► With respect to claim 11, Xie at al (text [0031]) discloses the lower level via is formed from a conductive metal material selected from the group consisting of aluminum (Al), ruthenium (Ru), rhodium (Rh), iridium (Ir), tungsten (W), molybdenum (Mo), and nickel (Ni). ► With respect to claim 12, Xie at al (text [0034]) discloses the upper level metal line is formed from copper (Cu). ► With respect to claim 14, Xie et al (fig 4B) discloses the contact via includes a first vertical portion, a second vertical portion located adjacent to a first side of the first vertical portion, and a third vertical portion located adjacent to a second side of the first vertical portion;the second and third vertical portions of the contact via are partially recessed with respect to a top surface the first vertical portion of the contact via; and the upper level metal line is only located above the first vertical portion of the contact via. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to THANHHA S PHAM whose telephone number is (571)272-1696. The examiner can normally be reached Monday-Friday. 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, William Partridge can be reached at 571-270-1402. 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. /THANHHA S PHAM/Primary Examiner, Art Unit 2812
Read full office action

Prosecution Timeline

Mar 16, 2023
Application Filed
Aug 23, 2025
Non-Final Rejection — §102, §103
Nov 25, 2025
Response Filed
Mar 07, 2026
Non-Final Rejection — §102, §103 (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

2-3
Expected OA Rounds
85%
Grant Probability
90%
With Interview (+4.9%)
2y 5m
Median Time to Grant
Moderate
PTA Risk
Based on 872 resolved cases by this examiner. Grant probability derived from career allow rate.

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