Prosecution Insights
Last updated: October 02, 2026
Application No. 18/511,334

BACKSIDE CONTACT WITH STRAIGHT PROFILE

Non-Final OA §103
Filed
Nov 16, 2023
Examiner
LOPEZ, JORGE ANDRES
Art Unit
2897
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
International Business Machines Corporation
OA Round
1 (Non-Final)
92%
Grant Probability
Favorable
1-2
OA Rounds
7m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 92% — above average
92%
Career Allowance Rate
35 granted / 38 resolved
+24.1% vs TC avg
Moderate +11% lift
Without
With
+10.7%
Interview Lift
resolved cases with interview
Typical timeline
3y 5m
Avg Prosecution
15 currently pending
Career history
71
Total Applications
across all art units

Statute-Specific Performance

§103
68.0%
+28.0% vs TC avg
§102
20.8%
-19.2% vs TC avg
§112
11.2%
-28.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 38 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 . Election/Restrictions Applicant's election without traverse of “Invention Group II (Claims 17-20)” and new Claims 21-36 in the reply filed on 04/06/2026, is acknowledged. Claims 1-16 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. 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 17,23,29-30 and 36 are rejected under 35 U.S.C. 103 as being obvious over US 2023/0268403 A1; Chuang et al.; 08/2023; (“403”). Regarding Claim 17. 403 teaches in Fig. 2J about a semiconductor device, comprising: a dielectric liner (item 212) lining shallow trench isolation regions (item 212 is lining item regions 218); contacts (items 220) formed through and in contact with the dielectric liner (items 220 are formed through and in contact with liner item 212); wherein the contacts include a straight profile through the dielectric liner lining the shallow trench isolation regions (contact items 220 include a straight profile through items 212 and 218). 403 does not teach about a semiconductor device, comprising: an inner spacing layer; an interlevel dielectric layer in contact with the inner spacing layer; and contacts formed through the interlevel dielectric layer and through the inner spacing layer; wherein the contacts include a straight profile through the interlevel dielectric layer as delineated by inner spacers formed within the inner spacing layer and within the straight profile. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to place together various nonconductive elements to form a nonconductive vertically extended shallow trench isolation region and its respective dielectric liner delineating straight profile contacts (especially when the nonconductive elements, as a whole, maintain the overall profile of the formerly integral structure), since it has been held that constructing a formerly integral structure in various elements involves only routine skill in the art. In re Dulberg, 129 USPQ 348, 349 (CCPA 1961). See MPEP 2144.04. Regarding Claim 23. 403 teaches in Fig. 2J about a semiconductor device, comprising: a dielectric liner (item 212) lining shallow trench isolation regions (item 212 is lining item regions 218); contacts (items 220) formed through and in contact with the dielectric liner (items 220 are formed through and in contact with liner item 212); 403 does not teach about a semiconductor device, comprising: an inner spacing layer; an interlevel dielectric layer in contact with the inner spacing layer; contacts formed through the interlevel dielectric layer and through the inner spacing layer; and inner spacers formed within the inner spacing layer. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to place together various nonconductive elements to form a nonconductive vertically extended shallow trench isolation region and its respective dielectric liner (especially when the nonconductive elements, as a whole, maintain the overall profile of the formerly integral structure, as shown in the figures of the present application), since it has been held that constructing a formerly integral structure in various elements involves only routine skill in the art. In re Dulberg, 129 USPQ 348, 349 (CCPA 1961). See MPEP 2144.04. Regarding Claim 29. 403 teaches in Fig. 2J about a semiconductor device, wherein the contacts include a straight profile through the dielectric liner lining the shallow trench isolation regions (contact items 220 include a straight profile through items 212 and 218). 403 does not teach about a semiconductor device, wherein the contacts include a straight profile through the interlevel dielectric layer as delineated by the inner spacers formed within the inner spacing layer and within the straight profile. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to place together various nonconductive elements to form a nonconductive vertically extended shallow trench isolation region and its respective dielectric liner delineating straight profile contacts (especially when the nonconductive elements, as a whole, maintain the overall profile of the formerly integral structure), since it has been held that constructing a formerly integral structure in various elements involves only routine skill in the art. In re Dulberg, 129 USPQ 348, 349 (CCPA 1961). See MPEP 2144.04. Regarding Claim 30. 403 teaches in Fig. 2J about a semiconductor device, comprising: a dielectric liner (item 212); contacts (items 220) formed through and in contact with the dielectric liner (items 220 are formed through and in contact with liner item 212); wherein the contacts include a straight profile through the dielectric liner (contact items 220 include a straight profile through item 212). 403 does not teach about a semiconductor device, comprising: an inner spacing layer; an interlevel dielectric layer in contact with the inner spacing layer; and contacts formed through the interlevel dielectric layer and through the inner spacing layer; wherein the contacts include a straight profile through the interlevel dielectric layer as delineated by inner spacers formed within the inner spacing layer and within the straight profile. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to place together various nonconductive elements to form a nonconductive vertically extended dielectric liner delineating straight profile contacts (especially when the nonconductive elements, as a whole, maintain the overall profile and fill of the formerly integral structure), since it has been held that constructing a formerly integral structure in various elements involves only routine skill in the art. In re Dulberg, 129 USPQ 348, 349 (CCPA 1961). See MPEP 2144.04. Regarding Claim 36. 403 teaches in Fig. 2J about a semiconductor device, wherein the dielectric liner (item 212) lining shallow trench isolation regions (item 212 is lining item regions 218). Allowable Subject Matter Claims 18-22,24-28 and 31-35 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, since the prior art does not teach or suggest the claimed limitations. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to JORGE ANDRES LOPEZ whose telephone number is (571)272-5763. The examiner can normally be reached M-F (8:30am to 5:00pm). 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, Fernando Toledo can be reached on 571-272-1867. 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. /FERNANDO L TOLEDO/Supervisory Patent Examiner, Art Unit 2897 /JORGE ANDRES LOPEZ/Examiner, Art Unit 2897
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Prosecution Timeline

Nov 16, 2023
Application Filed
Jul 01, 2026
Non-Final Rejection mailed — §103 (current)

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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
92%
Grant Probability
99%
With Interview (+10.7%)
3y 5m (~7m remaining)
Median Time to Grant
Low
PTA Risk
Based on 38 resolved cases by this examiner. Grant probability derived from career allowance rate.

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