Prosecution Insights
Last updated: July 05, 2026
Application No. 18/361,255

STACKED FIELD EFFECT TRANSISTOR HYBRID GATE CUT

Final Rejection §112
Filed
Jul 28, 2023
Examiner
PATEL, REEMA
Art Unit
2812
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
International Business Machines Corporation
OA Round
2 (Final)
89%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
95%
With Interview

Examiner Intelligence

Grants 89% — above average
89%
Career Allowance Rate
991 granted / 1117 resolved
+20.7% vs TC avg
Moderate +6% lift
Without
With
+6.4%
Interview Lift
resolved cases with interview
Fast prosecutor
2y 0m
Avg Prosecution
37 currently pending
Career history
1154
Total Applications
across all art units

Statute-Specific Performance

§101
0.3%
-39.7% vs TC avg
§103
61.4%
+21.4% vs TC avg
§102
10.5%
-29.5% vs TC avg
§112
11.7%
-28.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1117 resolved cases

Office Action

§112
DETAILED ACTION This action is in response to an amendment filed 4/7/26. 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 . Drawings The replacement drawing was received on 4/7/26. This drawing is acceptable to the examiner. Claim Rejections - 35 USC § 112 The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. Claim 6 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Claim 6 recites the “at least one of the first vertically stacked channel region and the second vertically stacked channel region.” There is a grammatical incongruity between the phrase “at least one of” and the conjunction “and”. As written, it is unclear if the at least one of comprises at least one of the first vertically stacked channel region(s) AND at least one of the second vertically stacked channel region(s). Alternatively, the claim could be interpreted as “at least one of” comprises one or more of the group of the first vertically stacked channel region(s) and the second vertically stacked channel region(s) (i.e., the “at least one of” comprises the first vertically stacked channel region(s) OR the second vertically stacked channel region(s)). Because both interpretations have differing metes and bounds, the claim is rendered indefinite. For the purposes of examination, the examiner interprets the latter interpretation (i.e., the “at least one of” is interpreted as “one or more of the group of...”). However, correction is requested. Allowable Subject Matter Claims 1-5, 7-9, 11-13, 15-18, and 21-22 are allowed. Claim 1 contains allowable subject matter because of the limitation of at least one gate structure in electrical communication with the first vertically stacked channel region regions and the second vertically stacked channel region; and at least one two-component gate cut structure present adjacent to the gate structure, wherein a first component of the two-component gate cut structure in positioned adjacent to a first portion of the at least one gate structure, and a second component of the two component two- component gate cut structure is positioned adjacent to a second portion of the at least one gate structure, and wherein the first component of the two-component gate cut structure has a first width, and the second component of the two-component gate cut structure has a second width, wherein the first width is greater than the second width. Claims 2-5, 7-9, and 11 depend on claim 1. Claim 12 contains allowable subject matter because of the limitation a first transistor side gate cut region that extends through an entirety of a gate structure for the first transistor device to the mid dielectric layer; and a second transistor side gate cut region that extends through an entirety of a gate structure for the second transistor device to the mid dielectric layer, wherein the first transistor side gate cut region has a first width, and the second transistor side gate cut region has a second width, wherein the first width is less than the second width in combination with the other elements of the claim. Claims 13 and 15-16 depend on claim 12. Claim 17 contains allowable subject matter because of the limitation the first side of the vertical stack and the second sides side of the vertical stack are opposite one another, and wherein the first field effect transistor gate cut has a first width, and the second field effect transistor gate cut has a second width, wherein the first width is greater than the second width in combination with the other elements of the claim. Claims 18 and 21-22 depend on claim 17. 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 REEMA PATEL whose telephone number is (571)270-1436. The examiner can normally be reached M-F, 8am-5pm 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, Christine Kim can be reached at (571)272-8458. 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. /REEMA PATEL/Primary Examiner, Art Unit 2812 5/19/2026
Read full office action

Prosecution Timeline

Jul 28, 2023
Application Filed
Jan 20, 2026
Non-Final Rejection mailed — §112
Mar 03, 2026
Interview Requested
Mar 17, 2026
Examiner Interview Summary
Mar 17, 2026
Applicant Interview (Telephonic)
Apr 07, 2026
Response Filed
May 21, 2026
Final Rejection mailed — §112 (current)

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

3-4
Expected OA Rounds
89%
Grant Probability
95%
With Interview (+6.4%)
2y 0m (~0m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 1117 resolved cases by this examiner. Grant probability derived from career allowance rate.

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