Prosecution Insights
Last updated: April 19, 2026
Application No. 18/486,724

GATE CUT STRUCTURE INCLUDING AN AIRGAP

Non-Final OA §102§103
Filed
Oct 13, 2023
Examiner
SOWARD, IDA M
Art Unit
2898
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
International Business Machines Corporation
OA Round
1 (Non-Final)
93%
Grant Probability
Favorable
1-2
OA Rounds
2y 4m
To Grant
99%
With Interview

Examiner Intelligence

Grants 93% — above average
93%
Career Allow Rate
1226 granted / 1316 resolved
+25.2% vs TC avg
Moderate +5% lift
Without
With
+5.4%
Interview Lift
resolved cases with interview
Typical timeline
2y 4m
Avg Prosecution
48 currently pending
Career history
1364
Total Applications
across all art units

Statute-Specific Performance

§101
0.3%
-39.7% vs TC avg
§103
33.6%
-6.4% vs TC avg
§102
35.2%
-4.8% vs TC avg
§112
30.2%
-9.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1316 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 . This Office Action is in response to the application filed October 13, 2023. Specification The abstract of the disclosure is objected to because “comprises” should have been includes in lines 1 and 2. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b). Claim Rejections - 35 USC § 102 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. 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(s) 1-5, 8 and 18-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Shin (US 2008/0283937 A1). In regard to claim 1, Shin teaches a semiconductor device comprising: a gate cut portion 65/80 disposed between a first gate region 40 (left side) and a second gate region 40 (right side); wherein the gate cut portion 65/80 comprises a dielectric liner layer 65 disposed around a vacant area 80; wherein the dielectric liner layer 65 encloses the vacant area 80; and wherein the gate cut portion 65/80 isolates the first gate region 40 from the second gate region 40 (Figure 12, pages 1-2, paragraphs [0014]-[0054]). In regard to claim 2, Shin teaches the vacant area 80 comprising air (Figure 12, pages 1-2, paragraphs [0014]-[0054]). In regard to claim 3, Shin teaches the first gate region 40 (left side) and the second gate region 40 (right side) contacting the dielectric liner layer 65 of the gate cut portion 65/80 (Figure 12, pages 1-2, paragraphs [0014]-[0054]). In regard to claim 4, Shin teaches the gate cut portion 65/80 being further disposed between a first source/drain region 15 (left side) and a second source/drain region 15 (right side) (Figure 12, pages 1-2, paragraphs [0014]-[0054]). In regard to claim 5, Shin teaches a source/drain contact 75 disposed on one of the first source/drain region 15 (left side) and the second source/drain region 15 (right side), wherein part of the gate cut portion 65/80 contacts the source/drain contact 75 (Figure 12, pages 1-2, paragraphs [0014]-[0054]). In regard to claim 8, Shin teaches part of the gate cut portion 65/80 disposed in an isolation region (region between 40 (left & right)) (Figure 12, pages 1-2, paragraphs [0014]-[0054]). In regard to claim 18, Shin teaches a semiconductor device comprising: a first transistor comprising a first gate region 40 (left side); a second transistor comprising a second gate region 40 (right side); and an isolation structure 65/80 disposed between and contacting the first gate region 40 (left side) and the second gate region 40 (right side), wherein the isolation structure 65/80 comprises a dielectric liner layer 65 disposed around a vacant area 80, and wherein the dielectric liner layer 65 encloses the vacant area 80 (Figure 12, pages 1-2, paragraphs [0014]-[0054]). In regard to claim 19, Shin teaches the vacant area 80 comprising air (Figure 12, pages 1-2, paragraphs [0014]-[0054]). In regard to claim 20, Shin teaches the first transistor further comprising a first source/drain region 15 (left side); the second transistor further comprises a second source/drain region 15 (right side); and the isolation structure 65/80 is further disposed between the first source/drain region 15 (left side) and the second source/drain region 15 (right side) (Figure 12, pages 1-2, paragraphs [0014]-[0054]). Claim(s) 12-17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ando et al. (US 2019/0157414 A1). In regard to claim 12, Ando et al. teach a semiconductor device comprising: a first nanosheet structure 202 comprising: a first gate region 904 (left side) including a first plurality of gate structures; and a first plurality of channel layers 106 (left side) alternately stacked with the first plurality of gate structures 904 (left side); a second nanosheet structure 204 comprising: a second gate region 904 (right side) including a second plurality of gate structures 904; and a second plurality of channel layers 106 (right side) alternately stacked with the second plurality of gate structures 904 (right side); and a gate cut portion 1202 disposed between the first gate region 904 (left side) and the second gate region 904 (right side); wherein the gate cut portion 1202 comprises a dielectric liner layer (dark element of 1202) disposed around a vacant area (oval element of 1202); wherein the dielectric liner layer (dark element of 1202) encloses the vacant area (oval element of 1202); and wherein the gate cut portion 1202 isolates the first gate region 904 (left side) from the second gate region 904 (right side) (Figures 2-12, pages 2-4, paragraphs [0023]-[0049]). In regard to claim 13, Ando et al. teach the vacant area (oval element of 1202) comprising air (Figures 2-12, pages 2-4, paragraphs [0023]-[0049]). In regard to claim 14, Ando et al. teach the first gate region 904 (left side) and the second gate region 904 (right side) contact the dielectric liner layer (dark element of 1202) of the gate cut portion 1202 (Figures 2-12, pages 2-4, paragraphs [0023]-[0049]). In regard to claim 15, Ando et al. teach a first source/drain region 802 (left side) disposed on a side of the first nanosheet structure 202; and a second source/drain region 802 (right side) disposed on a side of the second nanosheet structure 204; wherein the gate cut portion 1202 is further disposed between the first source/drain region 802 (left side) and the second source/drain region 802 (right side) (Figures 2-12, pages 2-4, paragraphs [0023]-[0049]). In regard to claim 16, Ando et al. teach a source/drain contact 1002 disposed on one of the first source/drain region 802 (left side) and the second source/drain region 802 (right side), wherein part of the gate cut portion 1202 contacts the source/drain contact 1002 (Figures 2-12, pages 2-4, paragraphs [0023]-[0049]). In regard to claim 17, Ando et al. teach a cap layer 906 disposed on the first gate region 904 (left side), the second gate region 904 (right side) and the gate cut portion 1202, wherein the cap layer 906 contacts the gate cut portion 1202 (Figures 2-12, pages 2-4, paragraphs [0023]-[0049]). Claim Rejections - 35 USC § 103 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. Claim(s) 9-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shin (US 2008/0283937 A1) as applied to claims 1-5, 8 and 18-20 above, and further in view of Ando et al. (US 2019/0157414 A1). Shin teaches all mentioned in the rejection above. However, Shin fails to teach a spacer layer disposed between the isolation region and the part of the gate cut portion. In regard to claim 9, Ando et al. teach a spacer layer 208 disposed between the isolation region (region between 208) and the part of the gate cut portion 1202 (Figures 2-12, pages 2-4, paragraphs [0023]-[0049]). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the semiconductor device structure as taught by Shen with the semiconductor device having a spacer layer disposed between the isolation region and the part of the gate cut portion as taught by Ando et al. to reduce parasitic capacitance (page 1, paragraph [0002]). In regard to claim 10, Ando et al. teach the part of the gate cut portion 1202 disposed in the isolation region comprises a pinched-off portion 804 of the dielectric liner layer (in 1202) (Figures 2-12, pages 2-4, paragraphs [0023]-[0049]). In regard to claim 11, Ando et al. teach a cap layer 906 disposed on the first gate region 904 (left side), the second gate region 904 (right side) and the gate cut portion 1202, wherein the cap layer 906contacts the gate cut portion 1202 (Figures 2-12, pages 2-4, paragraphs [0023]-[0049]). Allowable Subject Matter Claims 6-7 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. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The following patents are cited to further show the state of the art with respect to semiconductor devices: Ando et al. (US 2020/0111886 A1) Brazzelli et al. (US 2007/0184615 A1) Cheng et al. (US 9,362,355 B1) Fan et al. (US 12,363,988 B2) Frougier et al. (US 2020/0152504 A1) Jung et al. (US 11,211,456 B2) Jung et al. (US 11,843,053 B2) Kang et al. (US 2012/0074484 A1) Matsuoka et al. (US 2009/0001444 A1) Wang et al. (US 12,218,214 B2) Wu et al. (US 12,191,379 B2). Any inquiry concerning this communication or earlier communications from the examiner should be directed to IDA M SOWARD whose telephone number is (571)272-1845. The examiner can normally be reached Monday through Thursday, 7am to 5:30pm. 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, Leonard Chang can be reached at 571-270-3691. 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. IMS February 3, 2026 /IDA M SOWARD/Primary Examiner, Art Unit 2898
Read full office action

Prosecution Timeline

Oct 13, 2023
Application Filed
Feb 03, 2026
Non-Final Rejection — §102, §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
93%
Grant Probability
99%
With Interview (+5.4%)
2y 4m
Median Time to Grant
Low
PTA Risk
Based on 1316 resolved cases by this examiner. Grant probability derived from career allow rate.

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