Prosecution Insights
Last updated: May 29, 2026
Application No. 18/352,055

DEVICE HAVING MULTIPHASE DIELECTRIC LAYER AND METHOD

Non-Final OA §103
Filed
Jul 13, 2023
Priority
Mar 23, 2023 — provisional 63/491,894
Examiner
VALENZUELA, PATRICIA D
Art Unit
2812
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Taiwan Semiconductor Manufacturing Co., Ltd.
OA Round
1 (Non-Final)
90%
Grant Probability
Favorable
1-2
OA Rounds
0m
Est. Remaining
92%
With Interview

Examiner Intelligence

Grants 90% — above average
90%
Career Allowance Rate
646 granted / 716 resolved
+22.2% vs TC avg
Minimal +2% lift
Without
With
+2.1%
Interview Lift
resolved cases with interview
Typical timeline
2y 2m
Avg Prosecution
51 currently pending
Career history
781
Total Applications
across all art units

Statute-Specific Performance

§101
0.3%
-39.7% vs TC avg
§103
85.4%
+45.4% vs TC avg
§102
5.2%
-34.8% vs TC avg
§112
2.0%
-38.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 716 resolved cases

Office Action

§103
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 claims 1-13, 21-27 in the reply filed on 12/23/25 is acknowledged. 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) 1-6, 21-27 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kang (USPGPUB DOCUMENT: 2021/0359082, hereinafter Kang) in view of Malhotra (USPGPUB DOCUMENT: 2013/0330903, hereinafter Malhotra). Re claim 1 Kang discloses in Fig 15 a device, comprising: a first electrode(TE/BE/ICL); a first interfacial layer(HK3/LBL) in contact with the first electrode(TE/BE/ICL); a first layer(AFE3/HK1) on the first interfacial layer(HK3/LBL), a first dielectric layer(HK2/HBG/AFE2) on the first layer(AFE3/HK1), the first dielectric layer(HK2/HBG/AFE2) having tetragonal-phase[0184] (T-phase) regions; a second layer(AFE3/HK1) on the first dielectric layer(HK2/HBG/AFE2), a second interfacial layer(AFE1) in contact with the second layer(AFE3/HK1), the second interfacial layer(AFE1) being a different material than the first interfacial layer(HK3/LBL); and a second electrode(TE/BE/ICL) on the second interfacial layer(AFE1). Kang does not disclose the first insertion layer(AFE3/HK1) having first orthorhombic-phase (0-phase) regions or first monoclinic-phase (M-phase) regions in a first area ratio that exceeds about 70%; the first dielectric layer(HK2/HBG/AFE2) having tetragonal-phase[0184] (T-phase) regions in a second area ratio that exceeds those of second O-phase regions and second M-phase regions; the second insertion layer(AFE3/HK1) having third O-phase regions or third M-phase regions in a third area ratio that exceeds about 70%; Malhotra disclose in Fig 5 the first insertion layer(504/Zr doped Hafnium oxide)[0053 of Malhotra] having first orthorhombic-phase (0-phase) regions[0036 of Malhotra] or first monoclinic-phase (M-phase) regions; It would have been obvious to one of ordinary skill in the art before the effective filling date of the invention to apply the teachings of Malhotra to the teachings of Kang in order to improve performance [0002, Malhotra]. In doing so, the second insertion layer(504/Zr doped Hafnium oxide)[0053 of Malhotra] having third O-phase regions[0036 of Malhotra] or third M-phase regions Kang and Malhotra does not disclose the first insertion layer(504/Zr doped Hafnium oxide)[0053 of Malhotra] having first orthorhombic-phase (0-phase) regions[0036 of Malhotra] or first monoclinic-phase (M-phase) regions in a first area ratio that exceeds about 70%; the first dielectric layer(HK2/HBG/AFE2) having tetragonal-phase[0184] (T-phase) regions[0184] in a second area ratio that exceeds those of second O-phase regions and second M-phase regions; the second insertion layer(AFE3/HK1) having third O-phase regions or third M-phase regions in a third area ratio that exceeds about 70%; Although the combination of Kang and Malhotra does not disclose the first insertion layer(504/Zr doped Hafnium oxide)[0053 of Malhotra] having first orthorhombic-phase (0-phase) regions[0036 of Malhotra] or first monoclinic-phase (M-phase) regions in a first area ratio that exceeds about 70%; the first dielectric layer(HK2/HBG/AFE2) having tetragonal-phase[0184] (T-phase) regions[0184] in a second area ratio that exceeds those of second O-phase regions and second M-phase regions; the second insertion layer(AFE3/HK1) having third O-phase regions or third M-phase regions in a third area ratio that exceeds about 70%, it would have been obvious to one of ordinary skill in the art before the effective filling date of the invention to disclose the first insertion layer(504/Zr doped Hafnium oxide)[0053 of Malhotra] having first orthorhombic-phase (0-phase) regions[0036 of Malhotra] or first monoclinic-phase (M-phase) regions in a first area ratio that exceeds about 70%; the first dielectric layer(HK2/HBG/AFE2) having tetragonal-phase[0184] (T-phase) regions[0184] in a second area ratio that exceeds those of second O-phase regions and second M-phase regions; the second insertion layer(AFE3/HK1) having third O-phase regions or third M-phase regions in a third area ratio that exceeds about 70% as the result effective variable meet the claims as varied through routine experimentation in order to optimize the functionality of the device and when the prior art discloses the general conditions of the claimed invention, discovering the optimum or workable ranges involves only ordinary skill in the art to optimize to improve the performance [0002, Malhotra]. See MPEP 2144.05. Further, the specification contains no disclosure of either the critical nature of the claimed invention or any unexpected results arising therefrom. The law is replete with cases in which the difference between the claimed invention and the prior art is some range or other variable within the claims. In such a situation, the applicant must show that the particular range is critical, generally by showing that the claimed range achieves unexpected results relative to the prior art range. In reWoodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990) Re claim 2 Kang and Malhotra disclose the device of claim 1, wherein the first insertion layer(AFE3/HK1) includes zirconium-doped hafnium oxide (HZO), the first dielectric layer(HK2/HBG/AFE2) includes HZO and the second insertion layer(AFE3/HK1) includes HZO. Re claim 3 Kang and Malhotra disclose the device of claim 1, wherein the first insertion layer(AFE3/HK1) includes silicon- doped hafnium oxide (HSO), the first dielectric layer(HK2/HBG/AFE2) includes HSO and the second insertion layer(AFE3/HK1) includes HSO. Re claim 4 Kang and Malhotra disclose the device of claim 1, wherein each of the first insertion layer(AFE3/HK1), the second insertion layer(AFE3/HK1) and the first dielectric layer(HK2/HBG/AFE2) has thickness less than about 5 nanometers. Re claim 5 Kang and Malhotra disclose the device of claim 1, further comprising: a second dielectric layer(HK2/HBG/AFE2) between the first dielectric layer(HK2/HBG/AFE2) and the second insertion layer(AFE3/HK1), the second dielectric layer(HK2/HBG/AFE2) having second T-phase regions in a fourth area ratio that exceeds those of fourth O-phase regions and fourth M-phase regions; and a third insertion layer(AFE3/HK1) between the first dielectric layer(HK2/HBG/AFE2) and the second dielectric layer(HK2/HBG/AFE2), the third insertion layer(AFE3/HK1) having fifth O-phase regions or fifth M-phase regions in a fifth area ratio that exceeds about 70%. Re claim 6 Kang and Malhotra disclose the device of claim 5, wherein the third insertion layer(AFE3/HK1) is one of an 0- phase or M-phase layer and the first and second insertion layer(AFE3/HK1)s are the other of the O-phase or M-phase layer. Re claim 21 Kang discloses in Fig 15 a device, comprising: a first electrode(TE/BE/ICL);a stack of dielectric layer(HK2/HBG/AFE2)s on the first electrode(TE/BE/ICL), the stack including: a first insertion layer(AFE3/HK1) comprising HfxZri-x02, X being in a range of about 0.4 to about 1[0061, 0159],;a first dielectric layer(HK2/HBG/AFE2) on the first insertion layer(AFE3/HK1), the first dielectric layer(HK2/HBG/AFE2) having tetragonal-phase[0184] regions; and a second insertion layer(AFE3/HK1) on the first dielectric layer(HK2/HBG/AFE2), the second insertion layer(AFE3/HK1) comprising HfzZri-zO2, Z being in a range of about 0.4 to about 1[0061, 0159],; and a second electrode(TE/BE/ICL) on the stack. Kang does not disclose the first insertion layer(AFE3/HK1) having orthorhombic-phase regions or monoclinic-phase regions in a first area ratio that exceeds about 70%; the first dielectric layer(HK2/HBG/AFE2) having tetragonal-phase[0184] regions in a second area ratio that exceeds those of orthorhombic-phase regions and monoclinic-phase regions; the second insertion layer(AFE3/HK1) having orthorhombic-phase regions or monoclinic-phase regions in a third area ratio that exceeds about 70% Malhotra disclose in Fig 5 the first insertion layer(504/Zr doped Hafnium oxide)[0053 of Malhotra] having orthorhombic-phase regions[0036 of Malhotra] or monoclinic-phase regions It would have been obvious to one of ordinary skill in the art before the effective filling date of the invention to apply the teachings of Malhotra to the teachings of Kang in order to improve performance [0002, Malhotra]. In doing so, the second insertion layer(504/Zr doped Hafnium oxide)[0053 of Malhotra] having orthorhombic-phase regions[0036 of Malhotra] or monoclinic-phase regions Kang and Malhotra does not disclose the first insertion layer(504/Zr doped Hafnium oxide)[0053 of Malhotra] having orthorhombic-phase regions[0036 of Malhotra] or monoclinic-phase regions in a first area ratio that exceeds about 70%; the first dielectric layer(HK2/HBG/AFE2) having tetragonal-phase[0184] regions in a second area ratio that exceeds those of orthorhombic-phase regions and monoclinic-phase regions; the second insertion layer(AFE3/HK1) having orthorhombic-phase regions or monoclinic-phase regions in a third area ratio that exceeds about 70% Although the combination of Kang and Malhotra does not disclose the first insertion layer(504/Zr doped Hafnium oxide)[0053 of Malhotra] having orthorhombic-phase regions[0036 of Malhotra] or monoclinic-phase regions in a first area ratio that exceeds about 70%; the first dielectric layer(HK2/HBG/AFE2) having tetragonal-phase[0184] regions in a second area ratio that exceeds those of orthorhombic-phase regions and monoclinic-phase regions; the second insertion layer(AFE3/HK1) having orthorhombic-phase regions or monoclinic-phase regions in a third area ratio that exceeds about 70%, it would have been obvious to one of ordinary skill in the art before the effective filling date of the invention to disclose the first insertion layer(504/Zr doped Hafnium oxide)[0053 of Malhotra] having orthorhombic-phase regions[0036 of Malhotra] or monoclinic-phase regions in a first area ratio that exceeds about 70%; the first dielectric layer(HK2/HBG/AFE2) having tetragonal-phase[0184] regions in a second area ratio that exceeds those of orthorhombic-phase regions and monoclinic-phase regions; the second insertion layer(AFE3/HK1) having orthorhombic-phase regions or monoclinic-phase regions in a third area ratio that exceeds about 70% as the result effective variable meet the claims as varied through routine experimentation in order to optimize the functionality of the device and when the prior art discloses the general conditions of the claimed invention, discovering the optimum or workable ranges involves only ordinary skill in the art to optimize to improve the performance [0002, Malhotra]. See MPEP 2144.05. Further, the specification contains no disclosure of either the critical nature of the claimed invention or any unexpected results arising therefrom. The law is replete with cases in which the difference between the claimed invention and the prior art is some range or other variable within the claims. In such a situation, the applicant must show that the particular range is critical, generally by showing that the claimed range achieves unexpected results relative to the prior art range. In reWoodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990) Re claim 22 Kang and Malhotra disclose the device of claim 21, wherein x is different than z. Re claim 23 Kang and Malhotra disclose the device of claim 21, wherein the first dielectric layer(HK2/HBG/AFE2) comprises HfyZri- YO2, where Y is less than about 0.3. Re claim 24 Kang and Malhotra disclose the device of claim 21, further comprising: a first interfacial layer(HK3/LBL) in contact with the first electrode(TE/BE/ICL), wherein the first insertion layer(AFE3/HK1) is on the first interfacial layer(HK3/LBL); and a second interfacial layer(AFE1) in contact with the second insertion layer(AFE3/HK1), wherein the second electrode(TE/BE/ICL) is on the second interfacial layer(AFE1), wherein the second interfacial layer(AFE1) is a different material than the first interfacial layer(HK3/LBL). Re claim 25 Kang and Malhotra disclose the device of claim 21, wherein each of the first insertion layer(AFE3/HK1), the first dielectric layer(HK2/HBG/AFE2), and the second insertion layer(AFE3/HK1) has a thickness less than about 5 nanometers. Re claim 26 Kang and Malhotra disclose the device of claim 21, further comprising:a second dielectric layer(HK2/HBG/AFE2) between the first dielectric layer(HK2/HBG/AFE2) and the second insertion layer(AFE3/HK1), the second dielectric layer(HK2/HBG/AFE2) having tetragonal-phase[0184] regions in a fourth area ratio that exceeds those of orthorhombic-phase regions and monoclinic-phase regions; and a third insertion layer(AFE3/HK1) between the first dielectric layer(HK2/HBG/AFE2) and the second dielectric layer(HK2/HBG/AFE2), the third insertion layer(AFE3/HK1) having orthorhombic-phase regions or monoclinic-phase regions in a fifth area ratio that exceeds about 70%. Re claim 27 Kang and Malhotra disclose the device of claim 21, wherein the first insertion layer(AFE3/HK1) is formed directly on the first electrode(TE/BE/ICL) and the second electrode(TE/BE/ICL) is formed directly on the second insertion layer(AFE3/HK1). Claim(s) 7-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kang (USPGPUB DOCUMENT: 2021/0359082, hereinafter Kang) in view of Narushima (USPGPUB DOCUMENT: 2023/0245893, hereinafter Narushima). Re claim 7 Kang discloses in Fig 15 a device comprising: a first electrode(TE/BE/ICL); a first interfacial layer(HK3/LBL) in contact with the first electrode(TE/BE/ICL), the first interfacial layer(HK3/LBL) above the first electrode(TE/BE/ICL) in a first direction; a first insertion pillar(521/520/519/515/514/513 in Fig 22A/B)(since 521/520/519/515/514/513 is/are a vertical or column this may be interpreted as a pillar) on the first interfacial layer(HK3/LBL), the first insertion pillar(521/520/519/515/514/513 in Fig 22A/B);a second insertion pillar(521/520/519/515/514/513 in Fig 22A/B) adjacent the first insertion pillar(521/520/519/515/514/513 in Fig 22A/B) in a second direction transverse the first direction, the second insertion pillar(521/520/519/515/514/513 in Fig 22A/B); a second interfacial layer(AFE1) on the first insertion pillar(521/520/519/515/514/513 in Fig 22A/B) and the second insertion pillar(521/520/519/515/514/513 in Fig 22A/B), the second interfacial layer(AFE1) being a different material than the first interfacial layer(HK3/LBL); and a second electrode(TE/BE/ICL) in contact with the second interfacial layer(AFE1). Kang does not disclose the first insertion pillar(521/520/519/515/514/513 in Fig 22A/B) having first orthorhombic-phase (0-phase) regions or first monoclinic-phase (M-phase) regions in a first area ratio that exceeds about 70%; a second insertion pillar(521/520/519/515/514/513 in Fig 22A/B) having tetragonal-phase[0184] (T-phase) regions[0184] in a second area ratio that exceeds those of second O-phase regions and second M-phase regions; Narushima disclose the first insertion pillar(wiring) having first orthorhombic-phase (0-phase) regions or first monoclinic-phase (M-phase) regions (claims 4 & 15 in Narushima); a second insertion pillar(wiring) having tetragonal-phase (T-phase) regions(claims 4 & 15 in Narushima) It would have been obvious to one of ordinary skill in the art before the effective filling date of the invention to apply the teachings of Narushima to the teachings of Kang in order to lower a resistance for wiring [0021, Narushima]. In doing so, the first insertion pillar(521/520/519/515/514/513 in Fig 22A/B) having first orthorhombic-phase (0-phase) regions or first monoclinic-phase (M-phase) regions (claims 4 & 15 in Narushima); a second insertion pillar(521/520/519/515/514/513 in Fig 22A/B) having tetragonal-phase (T-phase) regions(claims 4 & 15 in Narushima); Kang and Narushima does not disclose the first insertion pillar(521/520/519/515/514/513 in Fig 22A/B) having first orthorhombic-phase (0-phase) regions or first monoclinic-phase (M-phase) regions (claims 4 & 15 in Narushima) in a first area ratio that exceeds about 70%; a second insertion pillar(521/520/519/515/514/513 in Fig 22A/B) having tetragonal-phase (T-phase) regions(claims 4 & 15 in Narushima) in a second area ratio that exceeds those of second O-phase regions and second M-phase regions; Although the combination of Kang and Narushima does not disclose the first insertion pillar(521/520/519/515/514/513 in Fig 22A/B) having first orthorhombic-phase (0-phase) regions or first monoclinic-phase (M-phase) regions (claims 4 & 15 in Narushima) in a first area ratio that exceeds about 70%; a second insertion pillar(521/520/519/515/514/513 in Fig 22A/B) having tetragonal-phase (T-phase) regions(claims 4 & 15 in Narushima) in a second area ratio that exceeds those of second O-phase regions and second M-phase regions, it would have been obvious to one of ordinary skill in the art before the effective filling date of the invention to disclose Kang and Narushima does not disclose the first insertion pillar(521/520/519/515/514/513 in Fig 22A/B) having first orthorhombic-phase (0-phase) regions or first monoclinic-phase (M-phase) regions (claims 4 & 15 in Narushima) in a first area ratio that exceeds about 70%; a second insertion pillar(521/520/519/515/514/513 in Fig 22A/B) having tetragonal-phase (T-phase) regions(claims 4 & 15 in Narushima) in a second area ratio that exceeds those of second O-phase regions and second M-phase regions as the result effective variable meet the claims as varied through routine experimentation in order to optimize the functionality of the device and when the prior art discloses the general conditions of the claimed invention, discovering the optimum or workable ranges involves only ordinary skill in the art to optimize to lower a resistance for wiring [0021, Narushima]. See MPEP 2144.05. Further, the specification contains no disclosure of either the critical nature of the claimed invention or any unexpected results arising therefrom. The law is replete with cases in which the difference between the claimed invention and the prior art is some range or other variable within the claims. In such a situation, the applicant must show that the particular range is critical, generally by showing that the claimed range achieves unexpected results relative to the prior art range. In reWoodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990) Re claim 8 Kang and Narushima disclose the device of claim 7, further comprising:a first insertion layer(AFE3/HK1) between the first and second insertion pillar(521/520/519/515/514/513 in Fig 22A/B)s and the first interfacial layer(HK3/LBL). Re claim 9 Kang and Narushima disclose the device of claim 8, further comprising: a second insertion layer(AFE3/HK1) between the first and second insertion pillar(521/520/519/515/514/513 in Fig 22A/B)s and the second interfacial layer(AFE1). Re claim 10 Kang and Narushima disclose the device of claim 9, further comprising: a third insertion pillar(521/520/519/515/514/513 in Fig 22A/B) on the first interfacial layer(HK3/LBL), the third insertion pillar(521/520/519/515/514/513 in Fig 22A/B) having third orthorhombic-phase (0-phase) regions or third monoclinic-phase (M-phase) regions in a third area ratio that exceeds about 70%, the second insertion pillar(521/520/519/515/514/513 in Fig 22A/B) being between the first insertion pillar(521/520/519/515/514/513 in Fig 22A/B) and the third insertion pillar(521/520/519/515/514/513 in Fig 22A/B). Re claim 11 Kang and Narushima disclose the device of claim 10, wherein the first insertion pillar(521/520/519/515/514/513 in Fig 22A/B) is one of an O- phase or M-phase pillar and the third insertion pillar(521/520/519/515/514/513 in Fig 22A/B) is the other of the O-phase or M-phase pillar. Re claim 12 Kang and Narushima disclose the device of claim 7, wherein thicknesses of the first insertion pillar(521/520/519/515/514/513 in Fig 22A/B) and the second insertion pillar(521/520/519/515/514/513 in Fig 22A/B) in the first direction are in a range of about 4 nanometers to about 20 nanometers. Re claim 13 Kang and Narushima disclose the device of claim 7, wherein an interface between sidewalls of the first insertion pillar(521/520/519/515/514/513 in Fig 22A/B) and the second insertion pillar(521/520/519/515/514/513 in Fig 22A/B) includes an area ratio of O-phase zirconium- doped hafnium oxide (HZO) that decreases in the second direction from the first insertion pillar(521/520/519/515/514/513 in Fig 22A/B) toward the second insertion pillar(521/520/519/515/514/513 in Fig 22A/B). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to PATRICIA D VALENZUELA whose telephone number is (571)272-9242. The examiner can normally be reached Monday-Friday 10am-6pm 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, 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. /PATRICIA D VALENZUELA/Primary Examiner, Art Unit 2812
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Prosecution Timeline

Jul 13, 2023
Application Filed
Apr 07, 2026
Non-Final Rejection mailed — §103 (current)

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Expected OA Rounds
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