Prosecution Insights
Last updated: April 19, 2026
Application No. 18/449,941

METAL INSULATOR METAL CAPACITOR (MIM CAPACITOR)

Non-Final OA §103
Filed
Aug 15, 2023
Examiner
VALENZUELA, PATRICIA D
Art Unit
2812
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
92%
With Interview

Examiner Intelligence

Grants 90% — above average
90%
Career Allow Rate
645 granted / 715 resolved
+22.2% vs TC avg
Minimal +2% lift
Without
With
+2.1%
Interview Lift
resolved cases with interview
Typical timeline
2y 4m
Avg Prosecution
63 currently pending
Career history
778
Total Applications
across all art units

Statute-Specific Performance

§101
1.3%
-38.7% vs TC avg
§103
60.1%
+20.1% vs TC avg
§102
19.9%
-20.1% vs TC avg
§112
8.6%
-31.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 715 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 1-12 in the reply filed on 12/05/25 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) 1-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hsiao(USPGPUB DOCUMENT: 2023/0352396, hereinafter Hsiao) in view of Fu (USPGPUB DOCUMENT: 2005/0263855, hereinafter Fu). Re claim 1 Hsiao discloses in Fig 18 a semiconductor device(100) comprising: a metal insulator metal capacitor (MIM capacitor(160)) within back end of line[0020] circuitry of the semiconductor device(100); and an outer plate(174/162) contact opening of an outer plate(174/162) of the MIM capacitor(160), wherein a portion of an inner plate(170) is separate (see Fig 10), Hsiao does not disclose wherein a portion of an inner plate(170) is removed (see Fig 10), wherein portions of the outer plate(174/162) are removed from corners of the outer plate(174/162) opening. Fu disclose wherein portions of the outer plate(110)[0023] are removed(patterning)[0023,0035] from corners of the outer plate opening. 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 Fu to the teachings of Hsiao in order to minimize cracking of the chip induced by stress from integrated circuit back-end processing [0002, Fu]. In doing so, wherein a portion of an inner plate(170) is removed[0023,0035 of Fu], The limitations “wherein a portion of an inner plate(170) is removed, wherein portions of the outer plate(174/162) are removed from corners of the outer plate(174/162) opening” are(is) considered to be process limitations that do not carry weight in a claim drawn to structure. In re Thorpe, 777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985), MPEP 2113. Re claim 2 Hsiao and Fu disclose the semiconductor device(100) according to claim 1, further comprising: an inner plate(170) contact opening of an inner plate(170) of the MIM capacitor(160), wherein a portion of the outer plate(174/162) is removed, wherein portions of the inner plate(170) are removed from corners of the inner plate(170) opening. Re claim 3 Hsiao and Fu disclose the semiconductor device(100) according to claim 1, further comprising: a second outer plate(174/162) contact opening of a second outer plate(174/162) of the MIM capacitor(160) vertically aligned above the outer plate(174/162) contact opening, wherein portions of the second outer plate(174/162) are removed from corners of the second outer plate(174/162) opening. Re claim 4 Hsiao and Fu disclose the semiconductor device(100) according to claim 2, further comprising: a second inner plate(170) contact opening of a second inner plate(170) of the MIM capacitor(160) vertically aligned above the inner plate(170) contact opening, wherein a portion of the second outer plate(174/162) is removed, wherein portions of the second inner plate(170) are removed from corners of the second inner plate(170) opening. Re claim 5 Hsiao and Fu disclose the semiconductor device(100) according to claim 1, further comprising: a first via connected to and through the outer plate(174/162) contact opening is connected to a first Mx-1 metal line and is connected to a first Mx metal line. Re claim 6 Hsiao and Fu disclose the semiconductor device(100) according to claim 2, further comprising: a second via connected to and through the inner plate(170) contact opening is connected to a second Mx-1 metal line and is connected to a second Mx metal line. Re claim 7 Hsiao discloses in Fig 18 a semiconductor device(100) comprising: a metal insulator metal capacitor (MIM capacitor(160)) within back end of line[0020] circuitry of the semiconductor device(100); Hsiao does not disclose a non-rectangular contact opening of an outer plate(174/162) of the MIM capacitor(160). Fu disclose in Fig 5 a non-rectangular contact opening of an outer plate(110)[0023] 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 Fu to the teachings of Hsiao in order to minimize cracking of the chip induced by stress from integrated circuit back-end processing [0002, Fu]. In doing so, a non-rectangular contact opening of an outer plate(110)[0023 of Fu] of the MIM capacitor(160). Re claim 8 Hsiao and Fu disclose the semiconductor device(100) according to claim 7, further comprising: a non-rectangular contact opening of an inner plate(170) of the MIM capacitor(160). Re claim 9 Hsiao and Fu disclose the semiconductor device(100) according to claim 7, wherein the non-rectangular contact opening of the outer plate(174/162) of the MIM capacitor(160) is circular shaped from a top view. Re claim 10 Hsiao and Fu disclose the semiconductor device(100) according to claim 7, wherein the non-rectangular contact opening of the outer plate(174/162) of the MIM capacitor(160) is octagon shaped from a top view. Re claim 11 Hsiao and Fu disclose the semiconductor device(100) according to claim 7, wherein the non-rectangular contact of a contact opening of the MIM capacitor(160) is cross shaped from a top view. Re claim 12 Hsiao and Fu disclose the semiconductor device(100) according to claim 11, further comprising: a first via connected to and through the non-rectangular contact opening of the outer plate(174/162) of the MIM capacitor(160) is connected to a first Mx-1 metal line and is connected to a first Mx metal line. 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
Read full office action

Prosecution Timeline

Aug 15, 2023
Application Filed
Mar 19, 2026
Non-Final Rejection — §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12604686
SEMICONDUCTOR CHIP AND SEMICONDUCTOR PACKAGE INCLUDING THE SAME
2y 5m to grant Granted Apr 14, 2026
Patent 12604749
SEMICONDUCTOR PACKAGE
2y 5m to grant Granted Apr 14, 2026
Patent 12598990
ELECTRICALLY ISOLATED DISCRETE PACKAGE WITH HIGH PERFORMANCE CERAMIC SUBSTRATE
2y 5m to grant Granted Apr 07, 2026
Patent 12598986
METAL INSULATOR METAL CAPACITOR (MIM CAPACITOR)
2y 5m to grant Granted Apr 07, 2026
Patent 12593675
RETICLE STITCHING TO ACHIEVE HIGH-CAPACITY INTEGRATED CIRCUIT
2y 5m to grant Granted Mar 31, 2026
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
90%
Grant Probability
92%
With Interview (+2.1%)
2y 4m
Median Time to Grant
Low
PTA Risk
Based on 715 resolved cases by this examiner. Grant probability derived from career allow rate.

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