Prosecution Insights
Last updated: August 17, 2026
Application No. 18/183,189

METHOD AND STRUCTURE OF ACCURATELY CONTROLLING CONTACT GOUGING POSITION

Final Rejection §102
Filed
Mar 14, 2023
Examiner
WHALEN, DANIEL B
Art Unit
2893
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
International Business Machines Corporation
OA Round
2 (Final)
80%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
96%
With Interview

Examiner Intelligence

Grants 80% — above average
80%
Career Allowance Rate
816 granted / 1017 resolved
+12.2% vs TC avg
Strong +16% interview lift
Without
With
+15.7%
Interview Lift
resolved cases with interview
Typical timeline
2y 4m
Avg Prosecution
40 currently pending
Career history
1063
Total Applications
across all art units

Statute-Specific Performance

§101
0.9%
-39.1% vs TC avg
§103
45.1%
+5.1% vs TC avg
§102
30.4%
-9.6% vs TC avg
§112
17.7%
-22.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1017 resolved cases

Office Action

§102
DETAILED ACTION Claim Objections Claims 1, 8-9, and 17-20 are objected to because of the following informalities: Regarding claim 1, “a first and a second dielectric shoulders…in direct contact with source/drain” in lines 3-4 should be changed to “first and second dielectric shoulders…in direct contact with the source/drain”. Regarding claim 8, “the contact” in line 1 should be changed to “the source/drain contact”. Regarding claim 9, “a first and a second dielectric shoulders” in line 3 should be changed to “first and second dielectric shoulders”. Regarding claim 17, “a first and a second dielectric shoulders…a third and a fourth dielectric shoulders” in lines 4-8 should be changed to “first and second dielectric shoulders…third and fourth dielectric shoulders”. Furthermore, “the second source/drain contact is prevent from” in lines 18-19 should be changed to “the second source/drain contact is prevented from”. Claims 18-20, which depend from claim 17, are also objected by virtue of their dependencies. 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 1-8 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Kang et al. (US 2023/0178476 A1; hereinafter “Kang”). Regarding claim 1, Kang teaches a microelectronic device comprising: a nanosheet transistor (a gate-all-around FET comprising a plurality of nanosheet stacks NSS) that includes a source/drain (a middle one of a plurality of source/drain regions 430 as shown in Fig. 7B) (Figs. 6-7B and paragraphs 93-100); a first and a second dielectric shoulders (left-side and right-side portions of a combination of 442, 444, and 454 formed of dielectric/insulating materials) located on top of the source/drain and in direct contact with source/drain (the combination of 442, 444, and 454 is in direct contact with 430), wherein the first and second dielectric shoulders are located at a permitter of the source/drain (Figs. 2C and 7A and paragraphs 41-43 and 103-106), wherein the source/drain includes a gouged area (a recess surface 130R) located at a center of the source/drain (Figs. 2C and 7A and paragraphs 33 and 100); and a source/drain contact (a combination of CAV4 and 456) is connected to the source/drain, wherein the source/drain contact is in direct contact with a top surface the first dielectric shoulder (the combination of CAV4 and 456 is in direct contact with a top surface of the left-side portion of the combination of 442, 444, and 454), wherein the source/drain contact includes a protrusion (456) that extends into the source/drain, wherein the source/drain contact protrusion is located within the gouged area of the source/drain (Figs. 3 and 6-7A and 72-72 and 109). Regarding claim 2, Kang teaches wherein the source/drain contact protrusion is located between the first dielectric shoulder and the second dielectric shoulder (Fig. 7A, 456 is located between the left-side and right-side portions of the combination of 442, 444, and 454 formed). Regarding claim 3, Kang teaches wherein the source/drain contact protrusion is in contact with a side surface of the first dielectric shoulder (See Fig. 7A). Regarding claim 4, Kang teaches wherein the source/drain contact protrusion is in contact with a side surface of the second dielectric shoulder (See Fig. 7A). Regarding claim 5, Kang teaches wherein the source/drain contact is in contact with a top surface of the second dielectric shoulder (Figs. 3 and 6-7A, the combination of CAV4 and 456 is in contact with a top surface of the right-side portion of the combination of 442, 444, and 456). Regarding claim 6, Kang teaches wherein a bottom surface of the first and second dielectric shoulders are in contact with a top surface of the source/drain (See Fig. 7A). Regarding claim 7, Kang teaches further comprising: a dielectric gate cut (444) located adjacent to the nanosheet transistor (Fig. 7A and paragraph 103-105). Regarding claim 8, Kang teaches wherein the contact extends into the dielectric gate cut (See Fig. 7A). Claims 1-11 and 14-16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kim et al. (US 2022/0085179 A1; hereinafter “Kim”). Regarding claim 1, Kim teaches a microelectronic device comprising: a nanosheet transistor (a multi-gate transistor comprising a sheet pattern UP1) that includes a source/drain (a source/drain pattern 150) (Fig. 21A and paragraphs 3, 67-68, and 148-151); a first and a second dielectric shoulders (left-side and right-side portions of the combination of 191 and 195) located on top of the source/drain and in direct contact with the source/drain (the combination of 191 and 195 is in direct contact with 150), wherein the first and second dielectric shoulders are located at a permitter of the source/drain (Fig. 21A and paragraphs 73-75), wherein the source/drain includes a gouged area (a recess area of 150 where 170 is formed therein) located at a center of the source/drain (Fig. 21A and paragraphs 67-68 and 76-83); and a source/drain contact (a combination of 170 and 180) is connected to the source/drain, wherein the source/drain contact is in direct contact with a top surface the first dielectric shoulder (the combination of 170 and 180 is in direct contact with a top surface of the right-side portion of the combination of 191 and 195 as shown in Fig. 12), wherein the source/drain contact includes a protrusion (170) that extends into the source/drain, wherein the source/drain contact protrusion is located within the gouged area of the source/drain (Fig. 21A and paragraphs 76-83). Regarding claim 2, Kim teaches wherein the source/drain contact protrusion is located between the first dielectric shoulder and the second dielectric shoulder (Fig. 21A, 170 is located between the left-side and right-side portions of the combination of 191 and 195). Regarding claim 3, Kim teaches wherein the source/drain contact protrusion is in contact with a side surface of the first dielectric shoulder (See Fig. 21A). Regarding claim 4, Kim teaches wherein the source/drain contact protrusion is in contact with a side surface of the second dielectric shoulder (See Fig. 21A). Regarding claim 6, Kim teaches wherein a bottom surface of the first and second dielectric shoulders are in contact with a top surface of the source/drain (a top surface of 150) (See Fig. 21A). Regarding claim 7, Kim teaches further comprising: a dielectric gate cut (192) located adjacent to the nanosheet transistor (Fig. 21A and paragraph 102). Regarding claim 8, Kim teaches wherein the contact extends into the dielectric gate cut (See Fig. 21A). Regarding claim 9, Kim teaches a microelectronic device comprising: a nanosheet transistor (a multi-gate transistor comprising a sheet pattern UP1) that includes a source/drain (a source/drain pattern 150) (Fig. 21A and paragraphs 3, 67-68, and 148-151); a first and a second dielectric shoulders (left-side and right-side portions of the combination of 191 and 195) located on top of the source/drain and in direct contact with the source/drain (the combination of 191 and 195 is in direct contact with 150), wherein the first and second dielectric shoulders are located at a permitter of the source/drain (Fig. 21A and paragraphs 73-75), wherein the source/drain includes a gouged area (a recess area of 150 where 170 is formed therein) located at a center of the source/drain (Fig. 21A and paragraphs 67-68 and 76-83); and a source/drain contact (a combination of 170 and 180) connected to the source/drain, wherein the source/drain contact is in direct contact with a top surface the first dielectric shoulder (the combination of 170 and 180 is in direct contact with a top surface of the right-side portion of the combination of 191 and 195 as shown in Fig. 12), wherein the source/drain contact is prevented from being in contact with a top surface of the second dielectric shoulder (the combination of 170 and 180 is prevented from being in contact with a top surface of the left-side portion of the combination of 191 and 195 as shown in Fig. 12), wherein the source/drain contact includes a protrusion (170) that extends into the source/drain, wherein the source/drain contact protrusion is located within the gouged area of the source/drain (Fig. 21A and paragraphs 76-83). Regarding claim 10, Kim teaches wherein the source/drain contact protrusion is located between the first dielectric shoulder and the second dielectric shoulder (Fig. 21A, 170 is located between the left-side and right-side portions of the combination of 191 and 195). Regarding claim 11, Kim teaches wherein the source/drain contact protrusion is in contact with a side surface of the first dielectric shoulder, wherein the source/drain contact protrusion is in contact with a side surface of the second dielectric shoulder (See Fig. 21A). Regarding claim 14, Kim teaches wherein a bottom surface of the first and second dielectric shoulders are in contact with a top surface of the source/drain (a top surface of 150) (See Fig. 21A). Regarding claim 15, Kim teaches further comprising: a dielectric gate cut (192) located adjacent to the nanosheet transistor (Fig. 21A and paragraph 102). Regarding claim 16, Kim teaches wherein the source/drain contact extends into the dielectric gate cut (See Fig. 21A). Allowable Subject Matter Claims 12-13 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. Claims 17-20 are claim objected as discussed above, but would be allowable if rewritten to correct the claim objections. The following is a statement of reasons for the indication of allowable subject matter: The prior art of record, alone or in combination, and to the examiner’s knowledge does not teach, disclose, suggest, or render obvious, at least to the skilled artisan, the instant invention regarding A microelectronic device in claim 17, particularly in combination with the limitation that a first source/drain contact connected to the first source/drain, wherein the first source/drain contact is in contact with a top surface the first dielectric shoulder and a top surface of the second dielectric shoulder, wherein the first source/drain contact includes a first protrusion that extends into the first source/drain, wherein the first source/drain contact protrusion is located within the gouged area of the first source/drain; and a second source/drain contact connected to the second source/drain, wherein the second source/drain contact is in contact with a top surface the third dielectric shoulder, wherein the second source/drain contact is prevent[ed] from being in contact with a top surface of the fourth dielectric shoulder, wherein the second source/drain contact includes a second protrusion that extends into the second source/drain, wherein the second source/drain contact protrusion is located within the gouged area of the second source/drain. Response to Arguments Amendments to objected claims do not completely overcome the previous claim objections in the Office Action dated 04/23/2026. As such, the previous claim objections along with additional claim objections are discussed above. Applicant’s arguments with respect to amended claim 1 and 9 have been fully considered but are moot in view of different grounds of rejections itemizing the amended limitations of claims 1 and 9 with the same prior arts as discussed above. Conclusion Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL B WHALEN whose telephone number is (571)270-3418. The examiner can normally be reached on M-F: 8AM-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, Sue Purvis can be reached on (571)272-1236. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /DANIEL WHALEN/Primary Examiner, Art Unit 2893
Read full office action

Prosecution Timeline

Mar 14, 2023
Application Filed
Jun 20, 2024
Response after Non-Final Action
Apr 23, 2026
Non-Final Rejection mailed — §102
Jul 13, 2026
Applicant Interview (Telephonic)
Jul 13, 2026
Examiner Interview Summary
Jul 20, 2026
Response Filed
Aug 03, 2026
Final Rejection mailed — §102 (current)

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Prosecution Projections

3-4
Expected OA Rounds
80%
Grant Probability
96%
With Interview (+15.7%)
2y 4m (~0m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 1017 resolved cases by this examiner. Grant probability derived from career allowance rate.

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