Prosecution Insights
Last updated: July 17, 2026
Application No. 18/474,647

THREE-DIMENSIONAL RESISTORS

Non-Final OA §102§103
Filed
Sep 26, 2023
Examiner
JIMENEZ, ANTHONY R
Art Unit
2831
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
International Business Machines Corporation
OA Round
1 (Non-Final)
88%
Grant Probability
Favorable
1-2
OA Rounds
0m
Est. Remaining
95%
With Interview

Examiner Intelligence

Grants 88% — above average
88%
Career Allowance Rate
970 granted / 1098 resolved
+20.3% vs TC avg
Moderate +7% lift
Without
With
+6.8%
Interview Lift
resolved cases with interview
Fast prosecutor
2y 2m
Avg Prosecution
23 currently pending
Career history
1116
Total Applications
across all art units

Statute-Specific Performance

§101
0.1%
-39.9% vs TC avg
§103
71.3%
+31.3% vs TC avg
§102
11.3%
-28.7% vs TC avg
§112
16.2%
-23.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1098 resolved cases

Office Action

§102 §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 . Claims 1-20 are pending in the current application. Claim Objections Regarding Claim 2, each of lines 2 and 4, perhaps the term “electrode” should be changed to “electrode that.” Regarding Claim 7, each of lines 1 and 2, it appears that the term “resistor” should be changed to “resistive.” Regarding Claim 10, the 4th to the last line, it appears that the term “resides” should be changed to “resides on.” Regarding Claim 20, line 3, it appears that the language “the resistive” should be changed to “a resistive.” Claim Rejections - 35 USC § 102 The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – (a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention. Claims 1, 2, 4, 6, 7, 9, 11-13, 15, and 17-19, are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ernsberger et al. (Russian Pat. Pub. No. 2004/0108937 A1, hereinafter “Ernsberger”). Specifically, regarding Claim 1, Ernsberger discloses a semiconductor structure (Abstract) comprising: a three-dimensional resistor (FIG. 1) with at least two horizontal resistive metal elements (28, 36; FIG. 1) connected by at least one vertical resistive metal element (26; FIG. 1), wherein the at least one vertical resistive metal element (26) surrounds a portion (PRN) of a first dielectric material (32; FIG. 1, reproduced and annotated below). PNG media_image1.png 588 334 media_image1.png Greyscale Regarding Claim 2, Ernsberger discloses a bottom electrode (34B; FIG. 1 reproduced and annotated below) [that] connects to a bottom element of the at least two horizontal resistive metal elements (28, 36), and a top electrode (34A; FIG. 1 reproduced and annotated below) [that] connects to a top element of the at least two horizontal resistive metal elements (28, 36; FIG. 1). Regarding Claim 4, Ernsberger discloses that the at least two horizontal resistive metal elements (28, 36) are each composed of two layers of a resistive metal material (28 and 36; FIG. 1). Regarding Claim 6, Ernsberger discloses that the at least one vertical resistive metal element (26) is composed of one resistive metal (FIG. 1). Regarding Claim 7, Ernsberger discloses that the at least one vertical [resistive] element and the at least two horizontal [resistive] elements are composed of different resistive metals (¶ [0042]). Regarding Claim 9, Ernsberger discloses that the portion (PRN) of the first dielectric material (32) is between two of the at least two horizontal resistive metal layers, and wherein each layer of the at least two horizontal resistive metal layers is a single layer of resistive metal material (each of 28, 36; FIG. 1). Regarding Claim 11, Ernsberger discloses a semiconductor structure (Abstract) comprising: a three-dimensional resistor (FIG. 1) includes two adjacent horizontal resistive metal elements (28, 36) composed of a single layer (each of 28 are formed from a single layer) of a resistive metal connected by a vertical resistive metal element (26), wherein the vertical resistive metal element (26) surrounds a first dielectric material (32). Regarding Claim 12, Ernsberger discloses that the first dielectric material (32) is directly contacting one horizontal surface of a first of the two adjacent horizontal resistive metal elements (FIG. 1) and the vertical resistive metal element (26; FIG. 1), and wherein the vertical resistive metal element (26) is a sidewall of a second of the two adjacent horizontal resistive metal elements (FIG. 1). Regarding Claim 13, Ernsberger discloses that the first dielectric material (32) has a shape selected from the group consisting of a circle, an oval, a rectangle, and a square with one or more fins. Regarding Claim 15, Ernsberger discloses that the two horizontal resistive metal elements (28, 36) and the vertical resistive metal element (26) are composed of different resistive metal materials (¶ [0042]). Regarding Claim 17, Ernsberger discloses that the two horizontal resistive metal elements (28, 36) are each a line (28; FIG. 1), and wherein a portion of one line of the two horizontal resistive metal elements (28, 36) has a sidewall contacting a second line of the two horizontal resistive metal (FIG. 1). Regarding Claim 18, Ernsberger discloses that a portion of a first metal layer (26B) contacting a first [two] horizontal resistive metal element of the two horizontal resistive metal elements (28 adjacent 34A), and a portion of a second metal layer (26A) contacting a second horizontal resistive metal element of the two horizontal resistive metal elements (28 adjacent 34B; FIG. 1). Regarding Claim 19, Ernsberger discloses that the portion of a first metal layer (26B) is a portion of a first metal line (26), and wherein the portion of a second metal layer (26A) is a portion of a second metal line (26; the second metal line being the same as the first metal line). Claim Rejections - 35 USC § 102 The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – (a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention. Claim 20 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Knecht et al. (U.S. Pat. No. 7,940,148 B2, hereinafter “Knecht”). Specifically, Knecht discloses a three-dimensional resistor (Abstract) comprising: more than two horizontal resistive metal elements (any one of 296; FIG. 8), wherein one of two adjacent horizontal resistive metal elements (296) includes a vertical tube of [a] resistive metal (any one of 236c, 2366, 236l, 236k, 236i, hereinafter with reference to 236l; FIG. 8) surrounding a portion of a dielectric material (222; FIG. 8) connecting the two adjacent horizontal resistive metal elements (28, 36; FIG. 8), and at least two vertical tubes of the resistive metal surrounding the portion of the dielectric material are vertically aligned and stacked (236l, 236k; FIG. 8), wherein the at least two vertical tubes of the resistive metal that are vertically aligned and stacked connect the more than two adjacent horizontal resistive metal elements (296; FIG. 8). 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 3 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Ernsberger in view of Knecht. Ernsberger discloses substantially all of the limitations of the present invention and further discloses that the at least one vertical resistive metal element (26; FIG. 1) contacting the at least two horizontal resistive metal elements (28, 36) is around the first dielectric material (32; FIG. 1), but does not disclose the claimed shape. However, Knecht discloses (i) a tube metal element (any one of 236c, 2366, 236l, 236k, 236i, hereinafter with reference to 236l; FIG. 8), as recited in Claim 3, and (ii) that the tube of the at least one resistive metal element has a shape of a circle (FIG. 1), as recited in Claim 8. Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Knecht with those of Ernsberger to minimize a risk of signal interference and allow for efficient flow of electrical signals through the via, ensuring reliable and fast signal transmission. Claims 5, 14, and 16, are rejected under 35 U.S.C. 103 as being unpatentable over Ernsberger. Cho discloses substantially all of the limitations of the present invention but does not disclose the claimed thickness. However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to utilize (i) a sidewall thickness that is less than 5 nm and (ii) two horizontal resistive metal elements and a vertical resistive metal element having a thickness of one to five nanometers to increase substrate circuitry capacity since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Boesch, 617, F. 2d 272, 205 USPQ 215 (CCPA 1980). Regarding Claim 16, Ernsberger discloses substantially all of the limitations of the present invention but does not disclose the claimed same resistive metal materials. However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to utilize such materials to ensure continuous conductivity with minimized manufacturing material since it has been held to be within the general ordinary 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 Leshin, 125 USPQ 416. Allowable Subject Matter Claim 10 is 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, and if the above-identified objection were overcome. The prior art fails to teach, disclose, or suggest, either alone or in combination, the claimed semiconductor structure, comprising a portion of a second line of a second resistive metal [that] includes a vertical tube connecting to a third line of a third resistive metal, at least a third horizontal resistive metal element of at least two horizontal resistive metal elements [that] comprises the third line, wherein the third line resides [on] a third dielectric material that resides on a second resistive metal, on a portion of a fourth dielectric material, and contacts a fourth line of a fourth resistive metal, and wherein the third line includes a vertical tube connecting to the fourth line. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANTHONY R. JIMENEZ whose telephone number is 313-446-6518. The examiner can normally be reached Monday through Thursday, 1030am - 9pm. 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, Renee Luebke, can be reached at (571) 272-2009. 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. /ANTHONY R JIMENEZ/Primary Examiner, Art Unit 2831
Read full office action

Prosecution Timeline

Sep 26, 2023
Application Filed
May 13, 2026
Non-Final Rejection mailed — §102, §103
Jul 14, 2026
Interview Requested

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Prosecution Projections

1-2
Expected OA Rounds
88%
Grant Probability
95%
With Interview (+6.8%)
2y 2m (~0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1098 resolved cases by this examiner. Grant probability derived from career allowance rate.

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