Office Action Predictor
Last updated: April 15, 2026
Application No. 18/455,665

METAL INSULATOR METAL CAPACITOR (MIM CAPACITOR)

Non-Final OA §103§112
Filed
Aug 25, 2023
Examiner
FERNANDES, ERROL V
Art Unit
2893
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
International Business Machines Corporation
OA Round
1 (Non-Final)
85%
Grant Probability
Favorable
1-2
OA Rounds
2y 1m
To Grant
89%
With Interview

Examiner Intelligence

Grants 85% — above average
85%
Career Allow Rate
667 granted / 786 resolved
+16.9% vs TC avg
Minimal +4% lift
Without
With
+4.0%
Interview Lift
resolved cases with interview
Fast prosecutor
2y 1m
Avg Prosecution
28 currently pending
Career history
814
Total Applications
across all art units

Statute-Specific Performance

§103
58.6%
+18.6% vs TC avg
§102
36.8%
-3.2% vs TC avg
§112
4.1%
-35.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 786 resolved cases

Office Action

§103 §112
DETAILED ACTION 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. Claims 8 and 20 recites the limitation "the first insulator layer" in claim 8 line 8; and claim 20 line 3. There is insufficient antecedent basis for this limitation in the claim. As a result, the examiner has interpreted the claim limitation to be “the first dielectric spacer” in the following rejection. 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. Claims 1-4, 7-11, 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Huang et al. US 2021/0118829 A1 in view of Leng US 2023/0268380 A1. Regarding claims 1 and 7, Huang discloses A metal insulator metal capacitor (MIM capacitor) (Figs. 1A-1F) comprising: a bottom metal layer (160) on a substrate (110); and a first contact window (162) in the bottom metal layer (Fig. 1A-1). Huang does not disclose: a first dielectric spacer disposed within the first contact window on vertical sidewalls of the bottom metal layer, wherein the first dielectric spacer has a rounded upper surface. Leng discloses a publication from a similar field of endeavor in which: a first dielectric spacer (136) disposed within a tub opening (304) on vertical sidewalls of a bottom metal layer (310), wherein the first dielectric spacer has a rounded upper surface (Fig. 3D). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to employ the same dielectric spacer of Leng within the first contact window on vertical sidewalls of the bottom metal layer of Huang thereby allowing the MIM capacitor module to effectively function as a planar capacitor, defined by a capacitive coupling between the top electrode and the laterally-extending bottom electrode. Such a MIM capacitor module may provide better matching for analog circuits (e.g., matching device characteristics such as resistance and capacitance), and/or higher breakdown voltage without suffering from an enhanced electric field at the corners. (claim 7) Jeng; Fig. 1A; 136. Regarding claim 2, Huang/Leng, as in the combination above, disclose: further comprising: a first insulator layer (Huang; 170) on the bottom metal layer and on the first dielectric spacer, wherein the first insulator layer conforms to a rounded profile of the first dielectric spacer (as in the combination above). Although Huang/Leng do not specifically disclose “wherein the first insulator layer comprises a different material than the first dielectric spacer”, Huang discloses various materials for the first insulator layer, para 0043, while Jeng discloses various materials for the first dielectric spacer, in para 0069. As a result, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to determine the claimed material differences since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Lesbin, 125 USPQ 416. Regarding claim 3, Huang/Leng, as in the combination above, disclose: further comprising: a middle metal layer (Huang; 182) on the first insulator layer, the middle metal layer comprises a second contact window (Huang; 182a), wherein the middle metal layer conforms to a rounded profile of the first insulator layer (as in the combination above). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to employ the same dielectric spacer having a rounded upper surface of Leng as a second dielectric spacer surrounding vertical side surfaces of the middle metal layer in the second contact window of Huang thereby allowing the MIM capacitor module to effectively function as a planar capacitor, defined by a capacitive coupling between the top electrode and the laterally-extending bottom electrode. Such a MIM capacitor module may provide better matching for analog circuits (e.g., matching device characteristics such as resistance and capacitance), and/or higher breakdown voltage without suffering from an enhanced electric field at the corners. Regarding claim 4, Huang/Leng, as in the combination above, disclose: further comprising: a second insulator layer (Huang; 190) on the middle metal layer and on the second dielectric spacer, wherein the second insulator layer conforms to a rounded profile of the middle metal layer and the second dielectric spacer (as in the combination above). Although Huang/Leng do not specifically disclose “wherein the first insulator layer comprises a different material than the first dielectric spacer”, Huang discloses various materials for the second insulator layer, para 0053, while Jeng discloses various materials for the first dielectric spacer, in para 0069. As a result, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to determine the claimed material differences since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Lesbin, 125 USPQ 416. Regarding claims 8 and 14, Huang discloses A metal insulator metal capacitor (MIM capacitor) (Figs. 1A-1F) comprising: a bottom metal layer (160) on a substrate (110); and a first contact window (162) in the bottom metal layer (Fig. 1A-1). Huang does not disclose: a first dielectric spacer disposed within the first contact window on vertical sidewalls of the bottom metal layer, wherein the first dielectric spacer has a rounded upper surface, wherein a bottom most surface of the bottom metal layer is substantially flush with a bottom most surface of the first dielectric spacer. Leng discloses a publication from a similar field of endeavor in which: a first dielectric spacer (136) disposed within a tub opening (304) on vertical sidewalls of a bottom metal layer (310), wherein the first dielectric spacer has a rounded upper surface (Fig. 3D). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to employ the same dielectric spacer of Leng within the first contact window on vertical sidewalls of the bottom metal layer of Huang such that a bottom most surface of the bottom metal layer would be substantially flush with a bottom most surface of the first dielectric spacer thereby allowing the MIM capacitor module to effectively function as a planar capacitor, defined by a capacitive coupling between the top electrode and the laterally-extending bottom electrode. Such a MIM capacitor module may provide better matching for analog circuits (e.g., matching device characteristics such as resistance and capacitance), and/or higher breakdown voltage without suffering from an enhanced electric field at the corners. (claim 14) Jeng; Fig. 1A; 136. Regarding claim 9, Huang/Leng, as in the combination above, disclose: further comprising: a first insulator layer (Huang; 170) on the bottom metal layer and on the first dielectric spacer, wherein the first insulator layer conforms to a rounded profile of the first dielectric spacer (as in the combination above). Although Huang/Leng do not specifically disclose “wherein the first insulator layer comprises a different material than the first dielectric spacer”, Huang discloses various materials for the first insulator layer, para 0043, while Jeng discloses various materials for the first dielectric spacer, in para 0069. As a result, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to determine the claimed material differences since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Lesbin, 125 USPQ 416. Regarding claim 10, Huang/Leng, as in the combination above, disclose: further comprising: a middle metal layer (Huang; 182) on the first insulator layer, the middle metal layer comprises a second contact window (Huang; 182a), wherein the middle metal layer conforms to a rounded profile of the first insulator layer (as in the combination above). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to employ the same dielectric spacer having a rounded upper surface of Leng as a second dielectric spacer surrounding vertical side surfaces of the middle metal layer in the second contact window of Huang thereby allowing the MIM capacitor module to effectively function as a planar capacitor, defined by a capacitive coupling between the top electrode and the laterally-extending bottom electrode. Such a MIM capacitor module may provide better matching for analog circuits (e.g., matching device characteristics such as resistance and capacitance), and/or higher breakdown voltage without suffering from an enhanced electric field at the corners. Regarding claim 11, Huang/Leng, as in the combination above, disclose: further comprising: a second insulator layer (Huang; 190) on the middle metal layer and on the second dielectric spacer, wherein the second insulator layer conforms to a rounded profile of the middle metal layer and the second dielectric spacer (as in the combination above). Although Huang/Leng do not specifically disclose “wherein the first insulator layer comprises a different material than the first dielectric spacer”, Huang discloses various materials for the second insulator layer, para 0053, while Jeng discloses various materials for the first dielectric spacer, in para 0069. As a result, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to determine the claimed material differences since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Lesbin, 125 USPQ 416. Regarding claims 15 and 20, Huang discloses A metal insulator metal capacitor (MIM capacitor) (Figs. 1A-1F) comprising: a bottom metal layer (160) on a substrate (110); and a first contact window (162) in the bottom metal layer (Fig. 1A-1). Huang does not disclose: a first dielectric spacer disposed within the first contact window on vertical sidewalls of the bottom metal layer, wherein the first dielectric spacer has a rounded upper surface. Leng discloses a publication from a similar field of endeavor in which: a first dielectric spacer (136) disposed within a tub opening (304) on vertical sidewalls of a bottom metal layer (310), wherein the first dielectric spacer has a rounded upper surface (Fig. 3D). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to employ the same dielectric spacer of Leng within the first contact window on vertical sidewalls of the bottom metal layer of Huang thereby allowing the MIM capacitor module to effectively function as a planar capacitor, defined by a capacitive coupling between the top electrode and the laterally-extending bottom electrode. Such a MIM capacitor module may provide better matching for analog circuits (e.g., matching device characteristics such as resistance and capacitance), and/or higher breakdown voltage without suffering from an enhanced electric field at the corners. (claim 20) as in the combination above, bottom metal layer (Huang; 160) and the first dielectric spacer (Leng; 136). Regarding claim 16, Huang/Leng, as in the combination above, disclose: further comprising: a first insulator layer (Huang; 170) on the bottom metal layer and on the first dielectric spacer, wherein the first insulator layer conforms to a rounded profile of the first dielectric spacer (as in the combination above). Although Huang/Leng do not specifically disclose “wherein the first insulator layer comprises a different material than the first dielectric spacer”, Huang discloses various materials for the first insulator layer, para 0043, while Jeng discloses various materials for the first dielectric spacer, in para 0069. As a result, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to determine the claimed material differences since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Lesbin, 125 USPQ 416. Regarding claim 17, Huang/Leng, as in the combination above, disclose: further comprising: a middle metal layer (Huang; 182) on the first insulator layer, the middle metal layer comprises a second contact window (Huang; 182a), wherein the middle metal layer conforms to a rounded profile of the first insulator layer (as in the combination above). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to employ the same dielectric spacer having a rounded upper surface of Leng as a second dielectric spacer surrounding vertical side surfaces of the middle metal layer in the second contact window of Huang thereby allowing the MIM capacitor module to effectively function as a planar capacitor, defined by a capacitive coupling between the top electrode and the laterally-extending bottom electrode. Such a MIM capacitor module may provide better matching for analog circuits (e.g., matching device characteristics such as resistance and capacitance), and/or higher breakdown voltage without suffering from an enhanced electric field at the corners. Regarding claim 18, Huang/Leng, as in the combination above, disclose: further comprising: a second insulator layer (Huang; 190) on the middle metal layer and on the second dielectric spacer, wherein the second insulator layer conforms to a rounded profile of the middle metal layer and the second dielectric spacer (as in the combination above). Although Huang/Leng do not specifically disclose “wherein the first insulator layer comprises a different material than the first dielectric spacer”, Huang discloses various materials for the second insulator layer, para 0053, while Jeng discloses various materials for the first dielectric spacer, in para 0069. As a result, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to determine the claimed material differences since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Lesbin, 125 USPQ 416. Allowable Subject Matter Claims 5, 6, 12, 13 and 19 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. The following is a statement of reasons for the indication of allowable subject matter: The prior art fails to teach or clearly suggest the limitations of claims 5, 12 and 19 stating “further comprising: (forming) a top metal layer on the second insulator layer with a third contact window vertically aligned above the first contact window, wherein the top metal layer conforms to a rounded profile of the second insulator layer; and (forming) a first contact to the middle metal layer, wherein the first contact is through the third contact window and through the first contact window”. In light of these limitations in the disclosure (i.e. refer to applicant’s Figs. 10 and 12) amongst others, the previously applied references do not anticipate or obviate the context of the claims. Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.” Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to ERROL V FERNANDES whose telephone number is (571)270-7433. The examiner can normally be reached on 9-5:30. 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, Britt Hanley can be reached on 571-270-3042. 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. /ERROL V FERNANDES/Primary Examiner, AU 2893
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Prosecution Timeline

Aug 25, 2023
Application Filed
Dec 16, 2025
Non-Final Rejection — §103, §112
Mar 16, 2026
Interview Requested
Mar 24, 2026
Applicant Interview (Telephonic)
Mar 24, 2026
Examiner Interview Summary
Mar 25, 2026
Response Filed

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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
85%
Grant Probability
89%
With Interview (+4.0%)
2y 1m
Median Time to Grant
Low
PTA Risk
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