Prosecution Insights
Last updated: April 19, 2026
Application No. 18/356,386

METAL-INSULATOR-METAL CAPACITOR VIA STRUCTURES

Non-Final OA §102
Filed
Jul 21, 2023
Examiner
MOJADDEDI, OMAR F
Art Unit
2898
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
International Business Machines Corporation
OA Round
1 (Non-Final)
90%
Grant Probability
Favorable
1-2
OA Rounds
2y 4m
To Grant
99%
With Interview

Examiner Intelligence

Grants 90% — above average
90%
Career Allow Rate
448 granted / 500 resolved
+21.6% vs TC avg
Moderate +10% lift
Without
With
+10.5%
Interview Lift
resolved cases with interview
Typical timeline
2y 4m
Avg Prosecution
38 currently pending
Career history
538
Total Applications
across all art units

Statute-Specific Performance

§101
1.7%
-38.3% vs TC avg
§103
50.1%
+10.1% vs TC avg
§102
25.8%
-14.2% vs TC avg
§112
20.3%
-19.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 500 resolved cases

Office Action

§102
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 . DETAILED ACTION Election/Restrictions 1. Applicant's election, without traverse, of claims 1-14 in the “Response to Restriction Requirement” filed on 02/03/2026 is acknowledged and entered by the Examiner. This office action consider claims 1-20 pending for prosecution, wherein claims 15-20 are withdrawn from further consideration, and claims 1-14 are presented for examination.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. Notes: when present, semicolon separated fields within the parenthesis (; ;) represent, for example, as (100; Fig 3A; [0063]) = (element 100; Figure No. 3A; Paragraph No. [0063]). For brevity, the texts “Element”, “Figure No.” and “Paragraph No.” shall be excluded, though; additional clarification notes may be added within each field. The number of fields may be fewer or more than three indicated above. These conventions are used throughout this document. 2. Claims 1, 2, 4, 5, 11, 12, and 14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wu (US 20200075709 A1; hereinafter Wu). Regarding claim 1, Wu teaches a semiconductor device (see the entire document, specifically Fig. 1A+; [0004+], and as cited below), comprising: PNG media_image1.png 542 801 media_image1.png Greyscale a metal-insulator-metal capacitor ({31, 10, 33, 10, 35a, 10, 35b}; Fig. 1C; [0028-0030]) disposed between a first metallization level ({121a, 121b, 122}; Fig. 1C; [0015]) and a second metallization level ({1299, 129}; Fig. 1C; [0025]), the metal-insulator-metal capacitor comprising ({31, 10, 33, 10, 35a, 10, 35b}; Fig. 1C; [0028-0030]) a first electrode ({31}; Fig. 1C; [0028-0030]), a second electrode ({33}; Fig. 1C; [0028-0030]) and a third electrode ({35a}; Fig. 1C; [0028-0030]); a first via (92a; Fig. 1C; [0023]) extended from and contacting a conductive line ({1299}; Fig. 1C; [0025]) of the second metallization level ({1299, 129}; Fig. 1C; [0025]); and a second via (90a; Fig. 1C; [0022]) extended from and contacting the first via (92a; Fig. 1C; [0023]); wherein the second via (90a; Fig. 1C; [0022]) contacts the first electrode ({31}; Fig. 1C; [0028-0030]) and the third electrode ({35a}; Fig. 1C; [0028-0030]) of the metal-insulator-metal capacitor ({31, 10, 33, 10, 35a, 10, 35b}; Fig. 1C; [0028-0030]); and wherein a slope of a side surface of the first via (92a; Fig. 1C; [0023]) is different from a slope of a side surface of the second via (90a; Fig. 1C; [0022]). Regarding claim 2, Wu teaches all of the features of claim 1. Wu further teaches wherein a shape of the first via (92a; Fig. 1C; [0023]) is different from a shape of the second via (90a; Fig. 1C; [0022]). Regarding claim 4, Wu teaches all of the features of claim 1. Wu further comprising a dielectric layer ({10}; Fig. 1C; [0028-0030]) disposed between the first electrode ({31}; Fig. 1C; [0028-0030]) and the third electrode ({35a}; Fig. 1C; [0028-0030]). Regarding claim 5, Wu teaches all of the features of claim 1. Wu further teaches wherein the second via (90a; Fig. 1C; [0022]) contacts the first electrode ({31}; Fig. 1C; [0028-0030]) and the third electrode ({35a}; Fig. 1C; [0028-0030]) at the side surface of the second via (90a; Fig. 1C; [0022]). Regarding claim 11, Wu teaches all of the features of claim 1. Wu further comprising: a third via (92b; Fig. 1C; [0023]) extended from and contacting an additional conductive line ({1299}; Fig. 1C; [0025]) of the second metallization level ({1299, 129}; Fig. 1C; [0025]); a fourth via (90b; Fig. 1C; [0022]) extended from and contacting the third via (92b; Fig. 1C; [0023]); wherein the fourth via (90b; Fig. 1C; [0022]) contacts the second electrode ({33}; Fig. 1C; [0028-0030]) of the metal-insulator-metal capacitor ({31, 10, 33, 10, 35a, 10, 35b}; Fig. 1C; [0028-0030]); and wherein a slope of a side surface of the third via (92b; Fig. 1C; [0023]) is different from a slope of a side surface of the fourth via (90b; Fig. 1C; [0022]). Regarding claim 12, Wu teaches all of the features of claim 11. Wu further teaches wherein a shape of the third via (92b; Fig. 1C; [0023]) is different from a shape of the fourth via (90b; Fig. 1C; [0022]). Regarding claim 14, Wu teaches all of the features of claim 11. Wu further teaches wherein the metal-insulator- metal capacitor ({31, 10, 33, 10, 35a, 10, 35b}; Fig. 1C; [0028-0030]) further comprises a fourth electrode ({35b}; Fig. 1C; [0028-0030]) and the fourth via (90b; Fig. 1C; [0022]) contacts the fourth electrode ({35b}; Fig. 1C; [0028-0030]). 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. Notes: when present, semicolon separated fields within the parenthesis (; ;) represent, for example, as (100; Fig 3A; [0063]) = (element 100; Figure No. 3A; Paragraph No. [0063]). For brevity, the texts “Element”, “Figure No.” and “Paragraph No.” shall be excluded, though; additional clarification notes may be added within each field. The number of fields may be fewer or more than three indicated above. These conventions are used throughout this document. 3. Claims 1-12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Huang (US 20220328398 A1; hereinafter Huang). Regarding claim 1, Huang teaches a semiconductor device (see the entire document, specifically Fig. 2+; [0003+], and as cited below), comprising: PNG media_image2.png 461 678 media_image2.png Greyscale a metal-insulator-metal capacitor ({54, 58, 60, 64, 66}; Fig. 17 in view of Fig. 15; [0024, 0027, 0028, 0030, 0031]) disposed between a first metallization level ({46, 50}; Fig. 17; [0021]) and a second metallization level ({97, 90}; Fig. 17; [0048]), the metal-insulator-metal capacitor comprising ({54, 58, 60, 64, 66}; Fig. 17 in view of Fig. 15; [0024, 0027, 0028, 0030, 0031]) a first electrode ({54}; Fig. 17; [0024, 0027, 0030, 0031]), a second electrode ({60}; Fig. 17; [0024, 0027, 0028, 0030, 0031]) and a third electrode ({66}; Fig. 17; [0024, 0027, 0028, 0030, 0031]); a first via (86A-3; Fig. 17 in view of Fig. 15; [0042]) extended from and contacting a conductive line ({97}; Fig. 17; [0048]) of the second metallization level ({97, 90}; Fig. 17; [0048]); and a second via (see Annotated Fig. 17, above; the second via includes 86A-2 and the top portion of 86A-1, where the second via extends from the top portion of layer 66 to the bottom portion of layer 54; Fig. 17 in view of Fig. 15; [0042]; in view of Fig. 15, the second via comprises of the portion of 86 that includes the diameters of D3 and D1) extended from and contacting the first via (86A-3; Fig. 17 in view of Fig. 15; [0042]); wherein the second via (see Annotated Fig. 17, above; the second via includes 86A-2 and the top portion of 86A-1, where the second via extends from the top portion of layer 66 to the bottom portion of layer 54; Fig. 17 in view of Fig. 15; [0042]; in view of Fig. 15, the second via comprises of the portion of 86 that includes the diameters of D3 and D1; hereinafter the second via) contacts the first electrode ({54}; Fig. 17; [0024, 0027, 0030, 0031]) and the third electrode ({66}; Fig. 17; [0024, 0027, 0028, 0030, 0031]) of the metal-insulator-metal capacitor ({54, 58, 60, 64, 66}; Fig. 17 in view of Fig. 15; [0024, 0027, 0028, 0030, 0031]); and wherein a slope of a side surface of the first via (86A-3; Fig. 17 in view of Fig. 15; [0042]) is different from a slope of a side surface of the second via (the second via; see Annotated Fig. 17, above; the second via includes 86A-2 and the top portion of 86A-1, where the second via extends from the top portion of layer 66 to the bottom portion of layer 54; Fig. 17 in view of Fig. 15; [0042]; in view of Fig. 15, the second via comprises of the portion of 86 that includes the diameters of D3 and D1). Regarding claim 2, Huang teaches all of the features of claim 1. Huang further teaches wherein a shape of the first via (86A-3; Fig. 17 in view of Fig. 15; [0042]) is different from a shape of the second via (the second via; see Annotated Fig. 17, above; the second via includes 86A-2 and the top portion of 86A-1, where the second via extends from the top portion of layer 66 to the bottom portion of layer 54; Fig. 17 in view of Fig. 15; [0042]; in view of Fig. 15, the second via comprises of the portion of 86 that includes the diameters of D3 and D1). Regarding claim 3, Huang teaches all of the features of claim 1. Huang further teaches wherein the first via (86A-3; Fig. 17 in view of Fig. 15; [0042]) comprises a trapezoidal shape and the second via (the second via; see Annotated Fig. 17, above; the second via includes 86A-2 and the top portion of 86A-1, where the second via extends from the top portion of layer 66 to the bottom portion of layer 54; Fig. 17 in view of Fig. 15; [0042]; in view of Fig. 15, the second via comprises of the portion of 86 that includes the diameters of D3 and D1) comprises at least one of a rectangular shape (see Fig. 17 in view of Fig. 15; where 86A-2 has a rectangular shape) and a square shape. Regarding claim 4, Huang teaches all of the features of claim 1. Huang further comprising a dielectric layer ({58}; Fig. 17; [0024, 0027, 0028, 0030, 0031]) disposed between the first electrode ({24}; Fig. 17; [0024, 0027, 0028, 0030, 0031]) and the third electrode ({66}; Fig. 17; [0024, 0027, 0028, 0030, 0031]). Regarding claim 5, Huang teaches all of the features of claim 1. Huang further teaches wherein the second via (the second via; see Annotated Fig. 17, above; the second via includes 86A-2 and the top portion of 86A-1, where the second via extends from the top portion of layer 66 to the bottom portion of layer 54; Fig. 17 in view of Fig. 15; [0042]; in view of Fig. 15, the second via comprises of the portion of 86 that includes the diameters of D3 and D1) contacts the first electrode ({54}; Fig. 17; [0024, 0027, 0030, 0031]) and the third electrode ({66}; Fig. 17; [0024, 0027, 0028, 0030, 0031]) at the side surface of the second via (86A-2; Fig. 17 in view of Fig. 15; [0042]). Regarding claim 6, Huang teaches all of the features of claim 1. Huang further teaches wherein the second via (the second via; see Annotated Fig. 17, above; the second via includes 86A-2 and the top portion of 86A-1, where the second via extends from the top portion of layer 66 to the bottom portion of layer 54; Fig. 17 in view of Fig. 15; [0042]; in view of Fig. 15, the second via comprises of the portion of 86 that includes the diameters of D3 and D1) comprises a first portion (top portion of the second via; see Annotated Fig. 17, above; where the top portion is in contact with electrodes 54 and 66) contacting the first electrode ({54}; Fig. 17; [0024, 0027, 0030, 0031]) and the third electrode ({66}; Fig. 17; [0024, 0027, 0028, 0030, 0031]) and a second portion (bottom portion of the second via; see Annotated Fig. 17, above; where the bottom portion is in contact with electrode 54) extended from the first portion (top portion of the second via; see Annotated Fig. 17, above; where the top portion is in contact with electrodes 54 and 66) and contacting the first electrode ({54}; Fig. 17; [0024, 0027, 0030, 0031]), and wherein a slope of a side surface of the first portion (top portion of the second via; see Annotated Fig. 17, above; where the top portion is in contact with electrodes 54 and 66) is different from a slope of a side surface of the second portion (bottom portion of the second via; see Annotated Fig. 17, above; where the bottom portion is in contact with electrode 54). Regarding claim 7, Huang teaches all of the features of claim 6. Huang further teaches wherein a dimension of the second portion (bottom portion of the second via; see Annotated Fig. 17, above; where the bottom portion is in contact with electrode 54) between side surfaces of the second portion is less than a dimension of the first portion (top portion of the second via; see Annotated Fig. 17, above; where the top portion is in contact with electrodes 54 and 66) between side surfaces of the first portion. Regarding claim 8, Huang teaches all of the features of claim 6. Huang further teaches wherein the first portion (top portion of the second via; see Annotated Fig. 17, above; where the top portion is in contact with electrodes 54 and 66) and the second portion (bottom portion of the second via; see Annotated Fig. 17, above; where the bottom portion is in contact with electrode 54) respectively comprise at least one of a rectangular shape (see Annotated Fig. 17; rectangular shape) and a square shape. Regarding claim 9, Huang teaches all of the features of claim 1. Huang further comprising a third via (see 2nd Annotated Fig. 17, above; the third via includes part of 86A-1; the third via extends from the top portion of layer 54 to contact 46; hereinafter the third via) extended from the second via (the second via; see 2nd Annotated Fig. 17, above; the second via includes 86A-2 and the top portion of 86A-1, where the second via extends from the top portion of layer 66 to the bottom portion of layer 54; Fig. 17 in view of Fig. 15; [0042]; in view of Fig. 15, the second via comprises of the portion of 86 that includes the diameters of D3 and D1) and contacting a conductive line ({46}; Fig. 17; [0021]) of the first metallization level ({46, 50}; Fig. 17 in view of Fig. 15; [0021]); wherein a slope of a side surface of the third via (the third via; see 2nd Annotated Fig. 17, above; the third via includes part of 86A-1; the third via extends from the top portion of layer 54 to contact 46) is different from the slope of the side surface of the second via (the second via; see 2nd Annotated Fig. 17, above; the second via includes 86A-2 and the top portion of 86A-1, where the second via extends from the top portion of layer 66 to the bottom portion of layer 54; Fig. 17 in view of Fig. 15; [0042]; in view of Fig. 15, the second via comprises of the portion of 86 that includes the diameters of D3 and D1). Regarding claim 10, Huang teaches all of the features of claim 9. Huang further teaches wherein a shape of the third via (the third via; see 2nd Annotated Fig. 17, above; the third via includes part of 86A-1; the third via extends from the top portion of layer 54 to contact 46) is different from a shape of the second via (the second via; see 2nd Annotated Fig. 17, above; the second via includes 86A-2 and the top portion of 86A-1, where the second via extends from the top portion of layer 66 to the bottom portion of layer 54; Fig. 17 in view of Fig. 15; [0042]; in view of Fig. 15, the second via comprises of the portion of 86 that includes the diameters of D3 and D1). Regarding claim 11, Huang teaches all of the features of claim 1. Huang further comprising: a third via (86B-2; Fig. 17 in view of Fig. 15; [0042]) extended from and contacting an additional conductive line ({97}; Fig. 17; [0048]) of the second metallization level ({97, 90}; Fig. 17; [0048]); a fourth via (86B-1; Fig. 17 in view of Fig. 15; [0042]) extended from and contacting the third via (86B-2; Fig. 17 in view of Fig. 15; [0042]); wherein the fourth via (86B-1; Fig. 17 in view of Fig. 15; [0042]) contacts the second electrode ({60}; Fig. 17 in view of Fig. 15; [0024, 0027, 0028, 0030, 0031]) of the metal-insulator-metal capacitor ({54, 58, 60, 64, 66}; Fig. 17 in view of Fig. 15; [0024, 0027, 0028, 0030, 0031]); and wherein a slope of a side surface of the third via (86B-2; Fig. 17 in view of Fig. 15; [0042]) is different from a slope of a side surface of the fourth via (86B-1; Fig. 17 in view of Fig. 15; [0042]). Regarding claim 12, Huang teaches all of the features of claim 11. Huang further teaches wherein a shape of the third via (86B-2; Fig. 17 in view of Fig. 15; [0042]) is different from a shape of the fourth via (86B-1; Fig. 17 in view of Fig. 15; [0042]). 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. Notes: when present, semicolon separated fields within the parenthesis (; ;) represent, for example, as (100; Fig 3A; [0063]) = (element 100; Figure No. 3A; Paragraph No. [0063]). For brevity, the texts “Element”, “Figure No.” and “Paragraph No.” shall be excluded, though; additional clarification notes may be added within each field. The number of fields may be fewer or more than three indicated above. These conventions are used throughout this document. 4. Claims 1, 11, and 13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Huang (US 20200350248 A1; hereinafter Park). Regarding claim 1, Park teaches a semiconductor device (see the entire document, specifically Fig. 1+; [0009+], and as cited below), comprising: PNG media_image3.png 515 548 media_image3.png Greyscale a metal-insulator-metal capacitor ({201, 203, 205, 207, 209}; Fig. 2 in view of Figs. 3A, 3B; [0024-0036]) disposed between a first metallization ({113, 115, 117}; Fig. 2; [0022]) and a second metallization level ({221, 223, 225}; Fig. 2; [0038]), the metal-insulator-metal capacitor comprising ({201, 203, 205, 207, 209}; Fig. 2 in view of Figs. 3A, 3B; [0024-0036]) a first electrode ({201}; Fig. 2 in view of Figs. 3A, 3B; [0024-0036]), a second electrode ({205}; Fig. 2 in view of Figs. 3A, 3B; [0024-0036]) and a third electrode ({209}; Fig. 2 in view of Figs. 3A, 3B; [0024-0036]); a first via (CP2; Fig. 2 in view of Annotated Fig. 3B; [0032-0038]) extended from and contacting a conductive line ({223}; Fig. 2; [0038]) of the second metallization level ({221, 223, 225}; Fig. 2; [0038]); and a second via (see Annotated Fig. 3B, above; the portion of contact plug extending from CP2; hereinafter the second via) contacts the first electrode ({201}; see Annotated Fig. 3B, above) and the third electrode ({209}; see Annotated Fig. 3B, above) of the metal-insulator-metal capacitor ({201, 203, 205, 207, 209}; Fig. 2 in view of Figs. 3A, 3B; [0024-0036]); and wherein a slope of a side surface of the first via (CP2; Fig. 2 in view of Annotated Fig. 3B; [0032-0038]) is different from a slope of a side surface of the second via (the second via; see Annotated Fig. 3B, above; the second via includes 86A-2 and the top portion of 86A-1, where the second via extends from the top portion of layer 66 to the bottom portion of layer 54; Fig. 17 in view of Fig. 15; [0042]; in view of Fig. 15, the second via comprises of the portion of 86 that includes the diameters of D3 and D1). Regarding claim 11, Wu teaches all of the features of claim 1. PNG media_image4.png 567 557 media_image4.png Greyscale Wu further comprising: a third via (CP1; Fig. 2 in view of Annotated Fig. 3A; [0029]) extended from and contacting an additional conductive line ({221}; Fig. 2; [0038]) of the second metallization level ({221, 223, 225}; Fig. 2; [0038]); a fourth via (see Annotated Fig. 3A, above; the portion of contact plug extending from CP1; hereinafter the fourth via) extended from and contacting the third via (CP1; Fig. 2 in view of Annotated Fig. 3A; [0029]); wherein the fourth via (the fourth via; see Annotated Fig. 3A, above; the portion of contact plug extending from CP1) contacts the second electrode ({205}; Fig. 1C; [0028-0030]) of the metal-insulator-metal capacitor ({201, 203, 205, 207, 209}; Fig. 2 in view of Figs. 3A, 3B; [0024-0036]); and wherein a slope of a side surface of the third via (CP1; Fig. 2 in view of Annotated Fig. 3A; [0029]) is different from a slope of a side surface of the fourth via (the fourth via; see Annotated Fig. 3A, above; the portion of contact plug extending from CP1). Regarding claim 13, Huang teaches all of the features of claim 11. Huang further teaches wherein the third via (CP1; Fig. 2 in view of Annotated Fig. 3A; [0029]) comprises a trapezoidal shape and the fourth via (the fourth via; see Annotated Fig. 3A, above; the portion of contact plug extending from CP1) comprises at least one of a rectangular shape (see Fig. 2 in view of Annotated Fig. 3A) and a square shape. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to Omar Mojaddedi whose telephone number is 313-446-6582. The examiner can normally be reached on Monday – Friday, 8:00 a.m. to 4:00 p.m.. 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, Julio J. Maldonado, can be reached on 571-272-1864. 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. /OMAR F MOJADDEDI/Examiner, Art Unit 2898
Read full office action

Prosecution Timeline

Jul 21, 2023
Application Filed
Feb 24, 2026
Non-Final Rejection — §102 (current)

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Expected OA Rounds
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2y 4m
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