Prosecution Insights
Last updated: August 17, 2026
Application No. 18/129,873

INTEGRATED CIRCUIT STRUCTURES HAVING AIR GAPS

Non-Final OA §102§103
Filed
Apr 02, 2023
Examiner
CHEN, YU
Art Unit
2896
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Intel Corporation
OA Round
1 (Non-Final)
68%
Grant Probability
Favorable
1-2
OA Rounds
0m
Est. Remaining
98%
With Interview

Examiner Intelligence

Grants 68% — above average
68%
Career Allowance Rate
730 granted / 1074 resolved
At TC average
Strong +30% interview lift
Without
With
+29.7%
Interview Lift
resolved cases with interview
Typical timeline
2y 10m
Avg Prosecution
88 currently pending
Career history
1181
Total Applications
across all art units

Statute-Specific Performance

§101
2.4%
-37.6% vs TC avg
§103
45.9%
+5.9% vs TC avg
§102
23.6%
-16.4% vs TC avg
§112
22.8%
-17.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1074 resolved cases

Office Action

§102 §103
DETAILED ACTION Election/Restrictions Applicant’s election without traverse of invention Group I and Species IC (FIGs. 1C-1F), encompassing claims 1-5 and 11-20, in the reply filed on 6/15/2026 is acknowledged. Claims 6-10 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention and species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 6/15/2026. Claim Objections Claim 20 is objected to because of the following informalities: Claim 20 ending with two periods “..” should be corrected to fix typographical error. Appropriate correction is required. 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 1-5 rejected under 35 U.S.C. 102(a)(1) as being anticipated by Huang et al. US 2022/0319990 A1 (cited in IDS filed 9/6/2024; hereinafter, Huang). PNG media_image1.png 610 496 media_image1.png Greyscale In re claim 1, Huang discloses (e.g. FIG. 2S) an integrated circuit structure (¶ 48), comprising: alternating conductive lines 212 and air gaps 224 above a first dielectric layer 204; a dielectric structure 222+226 between adjacent ones of the conductive lines 212 and over the air gaps 224; a first etch stop layer 254 on the dielectric structure 222+226 but not on the conductive lines 212; a second etch stop layer 232 on the first etch stop layer 254 and on the conductive lines 212; a second dielectric layer 234 above the second etch stop layer 232; and a conductive via structure 242+244 in the second dielectric layer 234, in the second etch stop layer 232, and on one of the conductive lines 212. In re claim 2, Huang discloses (e.g. FIG. 2S) wherein the first etch stop layer 254 comprises aluminum and oxygen (¶ 61). In re claim 3, Huang discloses (e.g. FIG. 2S) wherein the dielectric structure 222+226 comprises a liner portion 222 and a third dielectric layer 226 within the liner portion 222. In re claim 4, Huang discloses (e.g. FIG. 2S) wherein the second etch stop layer 232 comprises silicon and nitrogen (232 has same material as 132 ¶ 63, which includes SiN ¶ 37). In re claim 5, Huang discloses (e.g. FIG. 2S) wherein the conductive via structure 242+244 is further on a portion of the first etch stop layer 254. 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 11-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Huang et al. US 2022/0319990 A1 (cited in IDS filed 9/6/2024; hereinafter, Huang) in view of Hourani et al. US 2017/0330794 A1 (Hourani). In re claim 11, Huang discloses (e.g. FIG. 2) a component including an integrated circuit structure(¶ 48), comprising: alternating conductive lines 212 and air gaps 224 above a first dielectric layer 204; a dielectric structure 222+226 between adjacent ones of the conductive lines 212 and over the air gaps 224; a first etch stop layer 254 on the dielectric structure 222+226 but not on the conductive lines 212; a second etch stop layer 232 on the first etch stop layer 254 and on the conductive lines 212; a second dielectric layer 234 above the second etch stop layer 232; and a conductive via structure 242+244 in the second dielectric layer 234, in the second etch stop layer 232, and on one of the conductive lines 212. Huang discloses the interconnect structure 200 may be formed on various devices of a semiconductor structure (¶ 48). Huang does not explicitly disclose the device component is embodied in a computing device, comprising: a board; and the component coupled to the board. Hourani discloses an integrated circuit interconnection structure (FIG. 1) implemented in a computing device (FIG. 7) comprising a board 702 and a component 704 including the integrated circuit structure coupled to the board (¶ 51-54). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide a circuit board for mounting Huang’s IC component to provide mounting support and electrical routings to implement a larger electrical system to perform the desired electrical functions as taught by Hourani. In re claim 12, Huang discloses (e.g. FIG. 2S) wherein the first etch stop layer 254 comprises aluminum and oxygen (¶ 61). In re claim 13, Huang discloses (e.g. FIG. 2S) wherein the dielectric structure 222+226 comprises a liner portion 222 and a third dielectric layer 226 within the liner portion 222. In re claim 14, Hourani discloses (e.g. FIG. 7) further comprising: a memory (ROM, DRAM) coupled to the board 702 (¶ 51). In re claim 15, Hourani discloses (e.g. FIG. 7) further comprising: a communication chip 706 coupled to the board 702 (¶ 51-52). In re claim 16, Hourani discloses (e.g. FIG. 7) further comprising: a battery coupled to the board (¶ 51). In re claim 17, Hourani discloses (e.g. FIG. 7) further comprising: a camera coupled to the board (¶ 51). In re claim 18, Hourani discloses (e.g. FIG. 7) further comprising: a display coupled to the board (¶ 51). In re claim 19, Huang discloses (e.g. FIG. 2S) wherein the component is a packaged integrated circuit die (¶ 1,48). No specific “packaged” structure has been claimed that would distinguish over the device taught by Huang. Hourani discloses (e.g. FIG. 7) wherein the component is a packaged integrated circuit die (¶ 53-54). In re claim 20, Hourani discloses (e.g. FIG. 7) wherein the component is selected from the group consisting of a processor, a communications chip, and a digital signal processor (¶ 53-54). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to YU CHEN whose telephone number is (571)270-7881. The examiner can normally be reached Monday-Friday: 9AM-5PM ET. 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 KRAIG can be reached on 5712728660. 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. /YU CHEN/Primary Examiner, Art Unit 2896 YU CHEN Examiner Art Unit 2896
Read full office action

Prosecution Timeline

Apr 02, 2023
Application Filed
Aug 03, 2023
Response after Non-Final Action
Jul 28, 2026
Non-Final Rejection mailed — §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

1-2
Expected OA Rounds
68%
Grant Probability
98%
With Interview (+29.7%)
2y 10m (~0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1074 resolved cases by this examiner. Grant probability derived from career allowance rate.

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