Prosecution Insights
Last updated: April 19, 2026
Application No. 18/333,819

INVERTED GATE CUT REGION

Non-Final OA §102
Filed
Jun 13, 2023
Examiner
LEE, WOO KYUNG
Art Unit
2815
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
International Business Machines Corporation
OA Round
1 (Non-Final)
80%
Grant Probability
Favorable
1-2
OA Rounds
3y 4m
To Grant
98%
With Interview

Examiner Intelligence

Grants 80% — above average
80%
Career Allow Rate
132 granted / 166 resolved
+11.5% vs TC avg
Strong +18% interview lift
Without
With
+18.4%
Interview Lift
resolved cases with interview
Typical timeline
3y 4m
Avg Prosecution
38 currently pending
Career history
204
Total Applications
across all art units

Statute-Specific Performance

§101
0.1%
-39.9% vs TC avg
§103
47.6%
+7.6% vs TC avg
§102
24.2%
-15.8% vs TC avg
§112
28.1%
-11.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 166 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 . Election/Restrictions Applicant's election without traverse of Group 1, claims 1-14, in the reply filed on November 20, 2025 is acknowledged. Therefore, claims 1-14 are presented for examination. 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 1-3, 5-10 and 12-14 are rejected under 35 U.S.C. 102(a)(1) or (a)(2) as being anticipated by You et al. (US 2022/0045051, hereinafter You). Regarding claim 1, You discloses for a semiconductor integrated circuit (IC) device comprising that a gate structure (gate electrode layer 266/gate dielectric layer 264, Fig. 31) between a first gate spacer (filler layer 222 or liner 220 on the left side of Fig. 31) and a second gate spacer (filler layer 222 or liner 220 on the right side of Fig. 31), the gate structure (266/264, Fig. 1) comprising a first gate (266 on the left side of Fig. 31) and a second gate (266 on the right side of Fig. 31); and an inverted gate cut region (isolation structure 280, Fig. 31) between the first gate spacer (222 or 220 on the left side of Fig. 31) and the second gate spacer (222 or 220 on the right side of Fig. 31), wherein the inverted gate cut region (280, Fig. 31) separates the first gate (266 on the left side of Fig. 31) from the second gate (266 on the right side of Fig. 31) and comprises a bottom surface (bottom surface of 280, Fig. 31) and a top surface (top surface of 280, Fig. 31), wherein a surface area of the top surface is smaller than a surface area of the bottom surface, because as shown in the attached Fig. 31 of You below (also see Fig. 20), a width of top surface of the isolation structure 280 is less than a width of bottom surface of the isolation structure 280 in the cross section, therefore, since length would be the same at the top and bottom surface of 280, the surface area of the top surface of 280 is smaller than the surface area of the bottom surface of 280 (Fig. 31). PNG media_image1.png 1262 1430 media_image1.png Greyscale Regarding claim 2, You further discloses for the semiconductor IC device of claim 1 that an air pocket (void 297, Fig. 31) within the inverted gate cut region (within 280, Fig. 31). Regarding claim 3, You further discloses for the semiconductor IC device of claim 1 that a first transistor (transistor on the left side of Fig. 31) associated with the first gate (266 on the left side of Fig. 31), the first transistor comprising a top channel (top channel member 2080 on the left side, Fig. 31) that is vertically above a bottom channel (bottom channel member 2080 on the left side, Fig. 31). Regarding claim 5, You further discloses for the semiconductor IC device of claim 1 that the gate structure is a replacement gate structure, because “a gate replacement process (or gate-last process) is adopted where the dummy gate stack 240 serves as a placeholder for a functional gate structure” (emphasis added, [0024]). Regarding claim 6, You further discloses for the semiconductor IC device of claim 1 that the gate structure is a sacrificial gate structure, because the dummy gate stack 240 is formed and it is then replaced by a functional gate structure 266 ([0024]), therefore, the dummy gate stack 240 can correspond to the sacrificial gate structure in the claimed invention. Regarding claim 7, You further discloses for the semiconductor IC device of claim 1 that the first gate (266 on the left side of Fig. 31) comprises a frontside contact landing area (top surface area of 266, Fig. 31) that is greater than a bottom surface area of the first gate (bottom surface area of 266, see attached Fig. 31 below), because the gate electrode layer 266 by You has downwardly protruded regions in the far-left and far-right sides and the bottom surface of the regions can correspond to the bottom surface area of the first gate in the claimed invention, in this case, a top surface area of 266 is greater than a bottom surface area of 266 (Fig. 31 below). PNG media_image2.png 1204 1431 media_image2.png Greyscale Regarding claim 8, You further discloses for a semiconductor integrated circuit (IC) device comprising that a gate structure (gate electrode layer 266/gate dielectric layer 264, Fig. 31) between a first gate spacer (filler layer 222 or liner 220 on the left side of Fig. 31) and a second gate spacer (filler layer 222 or liner 220 on the right side of Fig. 31), the gate structure (266/264, Fig. 31) comprising a first gate (266 on the left side of Fig. 31) and a second gate (266 on the right side of Fig. 31); and an inverted gate cut region (isolation structure 280, Fig. 31) between the first gate spacer (222 or 220 on the left side of Fig. 31) and the second gate spacer (222 or 220 on the right side of Fig. 31), wherein the inverted gate cut region (280, Fig. 31) separates the first gate (266 on the left side of Fig. 31) from the second gate (266 on the right side of Fig. 31) and comprises a bottom surface width (width of the bottom surface of 280, Fig. 31) and a top surface (width of the top surface of 280, Fig. 31) that is smaller than the bottom surface width (width of the bottom surface of 280, see attached Fig. 31 above). Regarding claim 9, You further discloses for the semiconductor IC device of claim 8 that an air pocket (void 297, Fig. 31) within the inverted gate cut region (280, Fig. 31) Regarding claim 10, You further discloses for the semiconductor IC device of claim 8 that a first transistor (left transistor, Fig. 31) associated with the first gate (266 on the left side of Fig. 31), the first transistor comprising a top channel (top channel member 2080, Fig. 31) that is vertically above a bottom channel (bottom channel member 2080, Fig. 31). Regarding claim 12, You further discloses for the semiconductor IC device of claim 8 that the gate structure is a replacement gate structure, because “a gate replacement process (or gate-last process) is adopted where the dummy gate stack 240 serves as a placeholder for a functional gate structure” (emphasis added, [0024]). Regarding claim 13, You further discloses for the semiconductor IC device of claim 8 that the gate structure is a sacrificial gate structure, because the dummy gate stack 240 is formed and it is then replaced by a functional gate structure 266 ([0024]), therefore, the dummy gate stack 240 can correspond to the sacrificial gate structure in the claimed invention. Regarding claim 14, You further discloses for the semiconductor IC device of claim 8 that the first gate (266 on the left side of Fig. 31) comprises a frontside contact landing area (top surface area of 266, Fig. 31) that is greater than a bottom surface area of the first gate (bottom surface area of 266, see attached Fig. 31 above), as the same reason discussed in claim 7 above. Allowable Subject Matter Claims 4 and 11 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, because the prior art cited in this Office Action (You) does not teach the claim limitations, “a first dimensions… is greater than a second dimension…” of claims 4 and 11. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to WOO K LEE whose telephone number is (571)270-5816. The examiner can normally be reached Monday - Friday, 8:30 am - 5:00 pm. 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, JOSHUA BENITEZ can be reached at 571-270-1435. 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. /WOO K LEE/Examiner, Art Unit 2815
Read full office action

Prosecution Timeline

Jun 13, 2023
Application Filed
Jan 23, 2026
Non-Final Rejection — §102
Apr 07, 2026
Applicant Interview (Telephonic)
Apr 07, 2026
Examiner Interview Summary

Precedent Cases

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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
80%
Grant Probability
98%
With Interview (+18.4%)
3y 4m
Median Time to Grant
Low
PTA Risk
Based on 166 resolved cases by this examiner. Grant probability derived from career allow rate.

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