Prosecution Insights
Last updated: July 17, 2026
Application No. 18/469,618

METAL TIP-TO-TIP SCALING

Non-Final OA §103
Filed
Sep 19, 2023
Examiner
MOHAMED-ALY, KAREEM M
Art Unit
2898
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
International Business Machines Corporation
OA Round
1 (Non-Final)
Grant Probability
Favorable
1-2
OA Rounds

Examiner Intelligence

Grants only 0% of cases
0%
Career Allowance Rate
0 granted / 0 resolved
-68.0% vs TC avg
Minimal +0% lift
Without
With
+0.0%
Interview Lift
resolved cases with interview
Typical timeline
Avg Prosecution
27 currently pending
Career history
5
Total Applications
across all art units

Statute-Specific Performance

§103
100.0%
+60.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 0 resolved cases

Office Action

§103
CTNF 18/469,618 CTNF 101989 US12451429B2DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia 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 08-06 AIA Claim s 1-20 are pending in the present application. Claims 1-7 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 01/05/2026. Claims 15-20 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected method , there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 04/21/2026 . Information Disclosure Statement The information disclosure statement (IDS) submitted on 09/19/2023 in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. Specification 06-31 AIA The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification. 07-29 AIA The disclosure is objected to because of the following informalities: In paragraph 0002, line 5, “ on the wafer.” Is an incomplete sentence and should be removed. In paragraph 0002, line 13, “, which is a three-dimensional structure” is redundant. In paragraph 0049, line 7, “separated local interconnects.” should read “separated by local interconnects.” In paragraph 0054, line 4, “may include anti-reflective” should read “may include an anti-reflective”. In paragraph 0054, line 5, “organic planarization layer” should read “an organic planarization layer”. In paragraph 0057, line 3, “as” should read “has”. In paragraph 0057, line 8, “bottom surfaces of the” should read “bottom surfaces of”. In paragraph 0057, line 9, “metal lines 212,” should read “metal line 212,”. In paragraph 0057, line 9, “602, the” should read “602, “. In paragraph 0057, line 10, “metal lines 210,” should read “metal line 210,”. In paragraph 0057, line 10, “and the metal” should read “and metal”. In paragraph 0058, line 7, “the metal lines 210 and the metal lines 212” should read “metal line 210 and metal line 212”. In paragraph 0059, line 3, “the metal line 210 and the metal line 212,” should read “metal line 210 and metal line 212,”. In paragraph 0059, line 7, “could formed” should read “could be formed”. In paragraph 0059, line 9, “the metal line 210, the metal line 212, and” should read “metal line 210, metal line 212, and”. In paragraph 0060, line 1, “and airgap” should read “and an airgap”. In paragraph 0068, line 2, “the metal line 210, the metal” should read “metal line 210, metal”. In paragraph 0069, line 6, “Examples” should read “Example”. In paragraph 0073, line 6, “1502 is referred” should read “1502 which is referred”. In paragraph 0074, line 5, “the metal line 210 and the metal line 212” should read “metal line 210 and metal line 212”. In paragraph 0075, line 2, “the metal lines 210 and the metal” should read “metal line 210 and metal”. In paragraph 0075, line3, “lines 212.” Should read “line 212.”. In paragraph 0077, line 11, “The spacer has an airgap 802.” should read “The spacer has an airgap (e.g., airgap 802).”. In paragraph 0078, lines 2 and 3, “302” should read “(e.g,. spacer 302)”. In paragraph 0078, line 3, “702” should read “(e.g,. cavity 702)”. In paragraph 0078, lines 4 and 5-6, “the first metal line and the second metal line.” should read “the first metal line (e.g., metal line 210 and the second metal line (e.g., metal line 212).”. In paragraph 0078, line 5, “an airgap spacer 806 in the cavity 702” should read “an airgap spacer (e.g., airgap spacer 806) in the cavity (e.g., cavity 702)”. In paragraph 0078, line 6, “dielectric cap 804” should read “dielectric cap (e.g., dielectric cap 804)”. In paragraph 0086, line 6, “followed” should read “followed by”. In paragraph 0089, line 3, “at least” should be removed . Appropriate correction is required. Claim Objections 07-29-01 AIA Claim 14 is objected to because of the following informalities: In claim 14, line 1, “wherein the spacer comprises an airgap.” should read “wherein the spacer further comprises an airgap.” . Appropriate correction is required. Claim Rejections - 35 USC § 103 07-06 AIA 15-10-15 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. 07-20-aia AIA 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. 07-23-aia AIA The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. 07-21-aia AIA Claim (s) 8-11 are rejected under 35 U.S.C. 103 as being unpatentable over Tao (US Patent No 12,451,429) in view of Lo (US Patent Application Publication No 2023/0261091A1) Regarding Claim 8, Tao (US Patent No 12,451,429) teaches a method comprising: forming a first metal line (first conductive line 101, Figure 1F, abstract) and a second metal line (second conductive line 108, Figure 1F, abstract); and forming a spacer separating the first metal line from the second metal line (spacer 104, Figure 1F, paragraphs 10-11, teaches forming a spacer on the side wall of the first end of the first conductive line; forming a second conductive line having a second end portion parallel to the first conductive line, wherein the side wall of the second end portion is arranged adjacent to the spacer, such that the first and second metal lines extend along the same line and are separated by the spacer) as claimed. Tao (US Patent No 12,451,429) is silent to teach the spacer comprising a flat surface and curved tips, wherein the flat surface abuts the first metal line and the curved tips abut the second metal line. In an analogous art, Lo (US Patent Application Publication No 2023/0261091A1) teaches the spacer (second inner spacer 164, Figure 1C) comprising a flat surface and curved tips, wherein the flat surface abuts the first metal line and the curved tips abut the second metal line. PNG media_image1.png 441 552 media_image1.png Greyscale Therefore, it would have been obvious for someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the teachings of Tao (US Patent No 12,451,429) to incorporate the teachings of Lo (US Patent Application Publication No 2023/0261091A1) by substituting the spacer of Tao (US Patent No 12,451,429) with that of Lo (US Patent Application Publication No 2023/0261091A1). Doing so allows the integration of a spacer between metal lines with a structure that physically and electrically separates the metal lines for improved tip-to-tip distance. Regarding Claim 9, Tao (US Patent No 12,451,429) and Lo (US Patent Application Publication No 2023/0261091A1) teach the method as claimed in claim 8, and Tao (US Patent No 12,451,429) further teaches wherein the second metal line includes a metal extension (first via connection 114, Figure 3), the metal extension being separated from the first metal line by the spacer. PNG media_image2.png 231 326 media_image2.png Greyscale Regarding Claim 10, Tao (US Patent No 12,451,429) and Lo (US Patent Application Publication No 2023/0261091A1) teach the method as claimed in claim 8, and Tao (US Patent No 12,451,429) further teaches wherein the second metal line includes a metal extension (first via connection 114, Figure 3), the metal extension having a larger dimension in one direction than the second metal line. PNG media_image2.png 231 326 media_image2.png Greyscale Regarding Claim 11, Tao (US Patent No 12,451,429) and Lo (US Patent Application Publication No 2023/0261091A1) teach the method as claimed in claim 8, and Tao (US Patent No 12,451,429) further teaches wherein the second metal line includes a metal extension (first via connection 114, Figure 3), the metal extension having a larger dimension in one direction than the first metal line. PNG media_image2.png 231 326 media_image2.png Greyscale Regarding Claim 13, Tao (US Patent No 12,451,429) and Lo (US Patent Application Publication No 2023/0261091A1) teach the method as claimed in claim 8, and Lo (US Patent Application Publication No 2023/0261091A1) further teaches wherein the flat surface and the curved tips are on opposite sides of the spacer (second inner spacer 164, Figure 1C) . PNG media_image1.png 441 552 media_image1.png Greyscale 07-21-aia AIA Claim (s) 12 is rejected under 35 U.S.C. 103 as being unpatentable over Tao (US Patent No 12,451,429) and Lo (US Patent Application Publication No 2023/0261091A1) in view of Inoue (US Patent No 12,142,558) . Regarding Claim 12, Tao (US Patent No 12,451,429) and Lo (US Patent Application Publication No 2023/0261091A1) teach the method as claimed in claim 8. Tao (US Patent No 12,451,429) and Lo (US Patent Application Publication No 2023/0261091A1) are silent to teach wherein a top surface of the spacer is coplanar with the first metal line and the second metal line. In an analogous art, Inoue (US Patent No 12,142,558) teaches wherein a top surface of the spacer is coplanar with the first metal line and the second metal line (Claim 1, col 12, lines 35-37, teaches a top surface of the spacer being coplanar with top surfaces of the first and second metal electrodes). Therefore, it would have been obvious for someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the teachings of Tao (US Patent No 12,451,429) and Lo (US Patent Application Publication No 2023/0261091A1) to incorporate the teachings of Inoue (US Patent No 12,142,558) by making the spacer of Tao (US Patent No 12,451,429) and Lo (US Patent Application Publication No 2023/0261091A1) have a configuration similar to Inoue (US Patent No 12,142,558). Doing so leaves the top surfaces of the first and second metal lines available for subsequent fabrication operations while maintaining a scaled tip-to-tip separation . 07-21-aia AIA Claim (s) 14 is rejected under 35 U.S.C. 103 as being unpatentable over Tao (US Patent No 12,451,429) and Lo (US Patent Application Publication No 2023/0261091A1) in view of Kim (US Patent No 10,665,498) . Regarding Claim 14, Tao (US Patent No 12,451,429) and Lo (US Patent Application Publication No 2023/0261091A1) teach the method as claimed in claim 8. Tao (US Patent No 12,451,429) and Lo (US Patent Application Publication No 2023/0261091A1) are silent to teach wherein the spacer comprises an airgap. In an analogous art, Kim (US Patent No 10,665,498) teaches wherein the spacer comprises an airgap (col 2, line 37, teaches "the spacer may include air). Therefore, it would have been obvious for someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the teachings of Tao (US Patent No 12,451,429) and Lo (US Patent Application Publication No 2023/0261091A1) to incorporate the teachings of Kim (US Patent No 10,665,498) by including an airgap in the spacer. Doing so allows for the spacer to possess an airgap which has a high-k dielectric value, reducing any capacitance between the metal lines. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to KAREEM MOHAMED-ALY whose telephone number is (571)270-5758. The examiner can normally be reached on Monday-. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Leo Chang can be reached on ((571)292-8902-3691. 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). /KAREEM M MOHAMED-ALY/Examiner, Art Unit 2898 /Leonard Chang/Supervisory Patent Examiner, Art Unit 2898 Application/Control Number: 18/469,618 Page 2 Art Unit: 2898 Application/Control Number: 18/469,618 Page 3 Art Unit: 2898 Application/Control Number: 18/469,618 Page 4 Art Unit: 2898 Application/Control Number: 18/469,618 Page 5 Art Unit: 2898 Application/Control Number: 18/469,618 Page 6 Art Unit: 2898 Application/Control Number: 18/469,618 Page 7 Art Unit: 2898 Application/Control Number: 18/469,618 Page 8 Art Unit: 2898 Application/Control Number: 18/469,618 Page 9 Art Unit: 2898 Application/Control Number: 18/469,618 Page 10 Art Unit: 2898
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Prosecution Timeline

Sep 19, 2023
Application Filed
Jun 02, 2026
Non-Final Rejection mailed — §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
Grant Probability
Low
PTA Risk
Based on 0 resolved cases by this examiner. Grant probability derived from career allowance rate.

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