Prosecution Insights
Last updated: October 02, 2026
Application No. 18/472,470

SPACER MODIFICATION FOR SELECTIVE AIRGAP SPACER FORMATION

Non-Final OA §103
Filed
Sep 22, 2023
Examiner
DEGRASSE, IAN ISAAC
Art Unit
2818
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
International Business Machines Corporation
OA Round
2 (Non-Final)
81%
Grant Probability
Favorable
2-3
OA Rounds
6m
Est. Remaining
83%
With Interview

Examiner Intelligence

Grants 81% — above average
81%
Career Allowance Rate
21 granted / 26 resolved
+12.8% vs TC avg
Minimal +2% lift
Without
With
+1.8%
Interview Lift
resolved cases with interview
Typical timeline
3y 6m
Avg Prosecution
51 currently pending
Career history
78
Total Applications
across all art units

Statute-Specific Performance

§103
58.0%
+18.0% vs TC avg
§102
29.0%
-11.0% vs TC avg
§112
13.0%
-27.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 26 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 . Claim Objections Claim 10 is objected to because of the following informalities: the last limitation of claim 20 recites the phrases “located above gate spacer” and “located same height level” which are being interpreted to read “located above the gate spacer” and “located at the same height level.” Appropriate correction is required. 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 1-12 are rejected under 35 U.S.C. 103 as being unpatentable over US 2018/0331232 A1 to Frougier et al. (hereinafter “Frougier” – previously cited reference) in further view of US 2022/0238659 A1 to Lee et al. (hereinafter “Lee” – newly cited reference). Regarding claim 1, Frougier discloses a microelectronic structure comprising: a first nanosheet transistor column, wherein the first nanosheet transistor column includes a plurality of first channel layers and a first gate located around each of the plurality of first channel layers (FET structure having fin 26 with gate structure 44 surrounding the semiconductor channel layers 10; Figs. 9-10 and 13; paragraphs [0008]-[0009], [0024]-[0025], [0028]); a second nanosheet transistor column, wherein the second nanosheet transistor column includes a plurality of second channel layers and a second gate located around each of the plurality of second channel layers, wherein the first nanosheet transistor column is adjacent to the second nanosheet column (adjacent fin 26 with gate structure 44 surrounding the semiconductor channel layers 10; Figs. 9-10 and 13; paragraphs [0024]-[0025]); a source/drain located between the first nanosheet transistor column and the second nanosheet transistor column (source/drain 40 disposed between adjacent fins 26; Figs. 9-10 and 13); and a dielectric cap located on top of and in direct contact with a frontside surface of the source/drain, wherein the dielectric cap is in contact with a sidewall of the first gate and the dielectric cap is in contact with a sidewall of the second gate (dielectric layers 28, 46 collectively disposed on top of an in direct contact with side surface of source/drain 40 as well as sidewalls of first and second gate structures 44; Figs. 9-10 and 13). Frougier fails to disclose wherein the dielectric cap is comprised of a singular material. However, Lee discloses wherein the dielectric cap is comprised of a singular material (dielectric layer 116 contains a singular material; Fig. 1K; paragraph [0027]). Frougier and Lee are both considered to be analogous to the claimed invention because they are in the same field of stacked nanosheet FETs. Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have modified Frougier to incorporate the teaching of Lee in order to potentially provide a simplified fabrication process that utilizes only one deposition material for use as the dielectric cap. Regarding claim 2, Frougier in view of Lee discloses microelectronic structure of claim 1, wherein the dielectric cap extends laterally over the plurality of first channel layers and the plurality of second channel layers (dielectric layers 28, 46 extend laterally over first and second channel layers 10; Figs. 9-10 and 13). Regarding claim 3, Frougier in view of Lee discloses the microelectronic structure of claim 2, wherein a bottom surface of the dielectric cap is in contact with the source/drain, one of the plurality of first channel layers, and one of the plurality of second channel layers (bottom surface of dielectric layers 28, 46 contacts source/drain 40 and first and second channel layers 10; Figs. 9-10 and 13). Regarding claim 4, Frougier in view of Lee discloses the microelectronic structure of claim 1, wherein a top surface of the dielectric cap is level with a top surface of the first gate and the top surface of the second gate (top surface of dielectric layers 28, 46 level with top surface of first and second gates 44; Figs. 9-10 and 13). Regarding claim 5, Frougier in view of Lee discloses the microelectronic structure of claim 4. Frougier fails to explicitly disclose a gate contact is in direct contact to the second gate of the second nanosheet transistor column, wherein the gate contact is in in direct contact with multiple surfaces of the second gate. However, paragraph [0027] of Frougier discloses middle-of-line and back-end-of-line processing, which includes formation of contacts and wiring for the local interconnect structure overlying the device structure, and formation of dielectric layers, via plugs, and wiring for an interconnect structure coupled by the interconnect wiring with the functional gate structure 44 and source/drain regions 40 of the field-effect transistor 50. Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have modified Frougier with this particular design choice in order to potentially provide reduced gate resistance, improved switching speed, reduced gate delay spread, and provides increased flexibility for layout and scaling of the device. Regarding claim 6, Frougier in view of Lee discloses the microelectronic structure of claim 5. Frougier fails to explicitly disclose wherein the gate contact is in contact with a side surface of the second gate and the top surface of the second gate. However, paragraph [0027] of Frougier discloses middle-of-line and back-end-of-line processing, which includes formation of contacts and wiring for the local interconnect structure overlying the device structure, and formation of dielectric layers, via plugs, and wiring for an interconnect structure coupled by the interconnect wiring with the functional gate structure 44 and source/drain regions 40 of the field-effect transistor 50. Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have modified Frougier with this particular design choice in order to potentially provide reduced gate resistance, improved switching speed, reduced gate delay spread, and provides increased flexibility for layout and scaling of the device. Regarding claim 7, Frougier in view of Lee discloses the microelectronic structure of claim 6. Frougier fails to explicitly disclose wherein the gate contact extends into the dielectric cap. However, paragraph [0027] of Frougier discloses middle-of-line and back-end-of-line processing, which includes formation of contacts and wiring for the local interconnect structure overlying the device structure, and formation of dielectric layers, via plugs, and wiring for an interconnect structure coupled by the interconnect wiring with the functional gate structure 44 and source/drain regions 40 of the field-effect transistor 50. Further, Fig. 9 of Frougier illustrates layer 26 surrounding the gate structure 44, which if connected to contacts of the interconnect structure, would render obvious the contacts extending through layer 26 in order to connect to gate structure 44. Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have modified Frougier with this particular design choice in order to potentially provide reduced gate resistance, improved switching speed, reduced gate delay spread, and provides increased flexibility for layout and scaling of the device. Regarding claim 8, Frougier in view of Lee discloses the microelectronic structure of claim 1, further comprising: an airgap located adjacent to the second gate, wherein the airgap is located on the opposite side of the second gate than the dielectric cap (airgap adjacent second gate 44 on side opposite layers 28, 46; Figs. 9-10 and 13). Regarding claim 9, Frougier in view of Lee discloses the microelectronic structure of claim 8, wherein the airgap and the dielectric cap are located on the same level (airgap and layers 28, 46 are located on same horizontal level; Figs. 9-10 and 13). Regarding claim 10, Frougier discloses a microelectronic structure comprising: a first nanosheet transistor column, wherein the first nanosheet transistor column includes a plurality of first channel layers and a first gate located around each of the plurality of first channel layers (FET structure having fin 26 with gate structure 44 surrounding the semiconductor channel layers 10; Figs. 9-10 and 13; paragraphs [0008]-[0009], [0024]-[0025], [0028]); a second nanosheet transistor column, wherein the second nanosheet transistor column includes a plurality of second channel layers and a second gate located around each of the plurality of second channel layers, wherein the first nanosheet transistor column is adjacent to the second nanosheet column (adjacent fin 26 with gate structure 44 surrounding the semiconductor channel layers 10; Figs. 9-10 and 13; paragraphs [0024]-[0025]); a first source/drain located between the first nanosheet transistor column and the second nanosheet transistor column (first source/drain 40 disposed between adjacent fins 26; Figs. 9-10 and 13); a dielectric cap located on top of and in direct contact with a frontside surface of the first source/drain, wherein the dielectric cap is in contact with a sidewall of the first gate and the dielectric cap is in contact with a sidewall of the second gate (dielectric layers 28, 46 collectively disposed on top of an in direct contact with side surface of source/drain 40 as well as sidewalls of first and second gate structures 44; Figs. 9-10 and 13); and an airgap located adjacent to the second gate, wherein the airgap is located on the opposite side of the second gate than the dielectric cap, wherein the airgap is vertically aligned over the plurality of second channel layers (airgap adjacent second gate 44 on side opposite layers 28, 46 and aligned vertically over part of channel layers 10; Figs. 9-10 and 13). Frougier fails to disclose a gate spacer located adjacent to a second sidewall of the second gate, wherein a top surface of the gate spacer is located below a top surface of the dielectric cap, wherein the airgap is located above gate spacer, wherein the airgap is located same height level as the dielectric cap. However, Lee discloses a gate spacer located adjacent to a second sidewall of the second gate, wherein a top surface of the gate spacer is located below a top surface of the dielectric cap (inner spacer 108 adjacent second sidewall of gate 104, where top surface of spacer 108 is below top surface of layer 116; Fig. 1K; paragraph [0014]); wherein the airgap is located above gate spacer, wherein the airgap is located same height level as the dielectric cap (air gap 130 located above spacer 108 and at the height level of layer 116; Figs. 1J-1K; paragraph [0034]). Frougier and Lee are both considered to be analogous to the claimed invention because they are in the same field of stacked nanosheet FETs. Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have modified Frougier to incorporate the teaching of Lee in order to potentially provide reduced parasitic capacitance which improves overall circuit performance while supporting reliable isolation and process control in densely scaled devices. Regarding claim 11, Frougier in view of Lee discloses the microelectronic structure of claim 10, further comprising: a third nanosheet transistor column, wherein the third nanosheet transistor column includes a plurality of third channel layers and a third gate located around each of the plurality of third channel layers, wherein the third nanosheet transistor column is adjacent to the second nanosheet column (another adjacent fin 26 with gate structure 44 surrounding the semiconductor channel layers 10; Figs. 9-10 and 13; paragraphs [0024]-[0025]); and a second source/drain located between the second nanosheet transistor column and the third nanosheet transistor column (second source/drain 40 disposed between adjacent fins 26; Figs. 9-10 and 13). Regarding claim 12, Frougier in view of Lee discloses the microelectronic structure of claim 11. Frougier fails to explicitly disclose a frontside contact in direct contact with a frontside surface of the third source/drain. However, paragraph [0027] of Frougier discloses middle-of-line and back-end-of-line processing, which includes formation of contacts and wiring for the local interconnect structure overlying the device structure, and formation of dielectric layers, via plugs, and wiring for an interconnect structure coupled by the interconnect wiring with the functional gate structure 44 and source/drain regions 40 of the field-effect transistor 50. Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have modified Frougier with this particular design choice in order to potentially provide reduced gate resistance, improved switching speed, reduced gate delay spread, and provides increased flexibility for layout and scaling of the device. Claims 15-17 and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over US 2018/0331232 A1 to Frougier et al. (hereinafter “Frougier” – previously cited reference) in further view of US 2022/0102199 A1 to Hsiung et al. (hereinafter “Hsiung” – newly cited reference). Regarding claim 15, Frougier discloses a microelectronic structure comprising: a plurality of nanosheet transistor columns, wherein the plurality of nanosheet columns are horizontally aligned (FET structure having fin 26 with gate structure 44 surrounding the semiconductor channel layers 10; Figs. 9-10 and 13; paragraphs [0008]-[0009], [0024]-[0025], [0028]); a first dielectric cap located between and in contact with a gate of two adjacent nanosheet transistor columns, wherein the first dielectric cap is horizontally aligned with the plurality of nanosheet columns (dielectric layers 28, 46 collectively between and in contact with first and second gate structures 44 and horizontally aligned with fins 26; Figs. 9-10 and 13); and a second dielectric cap located in a region adjacent to the plurality of nanosheet transistor columns, wherein the second dielectric cap is located and in contact with two adjacent gates (another iteration of dielectric layers 28, 46 collectively between and in contact with another iteration of gate structures 44 and horizontally aligned with fins 26; Figs. 9-10 and 13). Frougier fails to disclose wherein the first dielectric cap is comprised of a singular material, wherein a bottom surface of the second dielectric cap is in direct contact with a gate spacer and an interlayer dielectric layer, wherein the second dielectric cap is comprised of a singular material. However, Hsiung discloses wherein the first dielectric cap is comprised of a singular material (first portion of dielectric layer 140 contains a singular material; Fig. 10; paragraph [0037]); wherein a bottom surface of the second dielectric cap is in direct contact with a gate spacer and an interlayer dielectric layer (bottom surface of second portion of dielectric layer 140 is in direct contact with gate spacers 116 and ILD layer 126; Fig. 10; paragraph [0037]), wherein the second dielectric cap is comprised of a singular material (second portion of dielectric layer 140 contains a singular material; Fig. 10; paragraph [0037]). Frougier and Hsiung are both considered to be analogous to the claimed invention because they are in the same field of stacked nanosheet FETs. Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have modified Frougier to incorporate the teaching of Hsiung in order to potentially provide the ability to produce selective low-k spacer formation to reduce parasitic capacitance while providing isolation and process control for contacts and further scaling. Regarding claim 16, Frougier in view of Hsiung discloses the microelectronic structure of claim 15, wherein a bottom surface of the first dielectric cap is in contact with a top surface of a source/drain, wherein the bottom surface of the first dielectric cap is in contact with a channel layer of each of the two adjacent nanosheet columns (bottom surface of dielectric layers 28, 46 contacts source/drain 40 and first and second channel layers 10 of adjacent fins 26; Figs. 9-10 and 13). Regarding claim 17, Frougier in view of Hsiung discloses the microelectronic structure of claim 16, further comprising: a first airgap located adjacent to a gate of one of the two adjacent nanosheet columns, wherein the first airgap is located on the opposite side of the gate than the first dielectric cap (airgap adjacent gate 44 on side opposite layers 28, 46; Figs. 9-10 and 13). Regarding claim 19, Frougier in view of Hsiung discloses the microelectronic structure of claim 17, further comprising: a second airgap located adjacent to a gate of one of the two adjacent gates, wherein the second airgap is located on the opposite side of the gate than the second dielectric cap (another airgap adjacent gate 44 on side opposite layers 28, 46; Figs. 9-10 and 13). Regarding claim 20, Frougier in view of Hsiung discloses the microelectronic structure of claim 19, wherein the second airgap is vertically aligned with a second gate spacer (second airgap vertically aligned with one of gate spacers 24 of one of fins 26; Figs. 9-10 and 13). Allowable Subject Matter Claims 13 is objected to for being allowable subject matter dependent upon a rejected claim because the prior art uncovered does not disclose, teach or suggest a dielectric layer located on top of the first nanosheet transistor column, the second nanosheet transistor column, the third nanosheet transistor column, the dielectric cap, and the frontside contact, wherein the dielectric layer is located between the second gate and the frontside contact. Specifically, Fig. 10 of Frougier does disclose dielectric layer 30 which is located on top of the first nanosheet transistor column, the second nanosheet transistor column, the third nanosheet transistor column and the dielectric cap, but it does not explicitly disclose the same for the frontside contact, nor does it explicitly disclose the dielectric layer being located between the second gate and the frontside contact. Further, there does not appear to be a motivation to modify Frougier further in this regard given this design choice is narrowly tailored and expands upon modifications already made to Frougier in claim 12 from which claim 13 depends. Claim 14 is also objected to for being allowable subject matter dependent upon a rejected claim for depending upon claim 13. Response to Arguments Applicant's arguments filed June 22, 2026 have been fully considered. Applicant substantively amends the independent claims and provides corresponding arguments. Examiner agrees that amended claims 1, 10 and 15 overcome the previous 35 USC 102 rejection using Frougier. However, after further search, Examiner has rejected these claims on new grounds using Frougier in view of Lee and Hsiung as outlined above. 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 IAN DEGRASSE whose telephone number is (571) 272-0261. The examiner can normally be reached Monday through Friday 8:30a until 5:00p. 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, JEFF NATALINI can be reached on (571) 272-2266. 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. /IAN DEGRASSE/Examiner, Art Unit 2818 /JEFF W NATALINI/Supervisory Patent Examiner, Art Unit 2818
Read full office action

Prosecution Timeline

Show 1 earlier event
Mar 26, 2026
Non-Final Rejection mailed — §103
Jun 16, 2026
Examiner Interview Summary
Jun 16, 2026
Applicant Interview (Telephonic)
Jun 22, 2026
Response Filed
Aug 28, 2026
Final Rejection mailed — §103
Sep 11, 2026
Applicant Interview (Telephonic)
Sep 11, 2026
Examiner Interview Summary
Sep 23, 2026
Response after Non-Final Action

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12751137
DISPLAY DEVICE AND METHOD OF PROVIDING THEREOF
4y 1m to grant Granted Sep 29, 2026
Patent 12740431
INDIUM PHOSPHIDE SUBSTRATE AND METHOD FOR PRODUCING INDIUM PHOSPHIDE SUBSTRATE
4y 11m to grant Granted Sep 15, 2026
Patent 12733461
SEMICONDUCTOR WAFER PROCESSING APPARATUS AND METHOD OF MANUFACTURING SEMICONDUCTOR ELEMENT
3y 8m to grant Granted Sep 08, 2026
Patent 12713875
METHOD AND APPARATUS FOR WAFER BONDING
3y 7m to grant Granted Aug 18, 2026
Patent 12696507
METHOD FOR MANUFACTURING SEMICONDUCTOR DEVICE, SEMICONDUCTOR DEVICE, INVERTER CIRCUIT, DRIVE DEVICE, VEHICLE, AND ELEVATOR
3y 11m to grant Granted Jul 28, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

Strategy Recommendation AI-generated — please review before filing

Get a prosecution strategy drawn from examiner precedents, rejection analysis, and claim mapping.
Typically takes 5-10 seconds — AI-generated, attorney review required before filing

Prosecution Projections

2-3
Expected OA Rounds
81%
Grant Probability
83%
With Interview (+1.8%)
3y 6m (~6m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 26 resolved cases by this examiner. Grant probability derived from career allowance rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month