Prosecution Insights
Last updated: October 02, 2026
Application No. 18/529,029

STACKED TRANSISTORS HAVING DUAL WORK FUNCTION GATES

Non-Final OA §102
Filed
Dec 05, 2023
Examiner
ENAD, CHRISTINE A
Art Unit
2811
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
International Business Machines Corporation
OA Round
1 (Non-Final)
84%
Grant Probability
Favorable
1-2
OA Rounds
0m
Est. Remaining
95%
With Interview

Examiner Intelligence

Grants 84% — above average
84%
Career Allowance Rate
1149 granted / 1361 resolved
+16.4% vs TC avg
Moderate +10% lift
Without
With
+10.3%
Interview Lift
resolved cases with interview
Fast prosecutor
1y 12m
Avg Prosecution
31 currently pending
Career history
1398
Total Applications
across all art units

Statute-Specific Performance

§101
1.7%
-38.3% vs TC avg
§103
64.5%
+24.5% vs TC avg
§102
19.3%
-20.7% vs TC avg
§112
8.1%
-31.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1361 resolved cases

Office Action

§102
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 I (Claims 1-15) in the reply filed on 7/27/2026 is acknowledged. Claims 16-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.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 7/26/2026. 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 1-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Jo et al (US Publication No. 2023/0352529). Regarding claim 1, Jo discloses an integrated circuit (IC) comprising: a top device Fig 1A-1B, 10U; and a bottom device Fig 1A-1B, 10L positioned under the top device Fig 1A-1B, 10U; wherein the top device comprises a first nanosheet and a second nanosheet Fig 2, 120; wherein the bottom device comprises a third nanosheet and a fourth nanosheet Fig 2, 110; and wherein a space Fig 3, INT2 between the first nanosheet and the second nanosheet is greater than a space Fig 3, INT1 between the third nanosheet and the fourth nanosheet ¶0036. Regarding claim 2, Jo discloses a stacked device configuration comprising: the top device; the bottom device; and an isolation region Fig 2, 130 operable to electrically isolate the bottom device from the top device ¶0033; a top gate around exposed surfaces of the first nanosheet and the second nanosheet; and a bottom gate around exposed surface of the third nanosheet and the fourth nanosheet Fig 1A-1B, 130. Regarding claim 3, Jo discloses wherein a width dimension of the top gate is different from a width dimension of the bottom gate Fig 1A-1D. Regarding claim 4, Jo discloses wherein a work function of the top gate is different from a work function of the bottom gate ¶0051-0052. Regarding claim 5, Jo discloses top source or drain (S/D) regions electronically coupled to the first nanosheet; and bottom S/D regions electronically coupled to the third nanosheet; wherein a doping type of the top S/D regions is different from a doping type of the bottom S/D regions ¶0034, 0038, 0051. Regarding claim 6, Jo discloses an integrated circuit (IC) comprising: a top channel Fig 2, 120 associated with a first device Fig 1A-1B, 10U and comprising a first nanosheet stack; wherein the first nanosheet stack comprises a first nanosheet and a second nanosheet Fig 2, 120; and a bottom channel Fig 2, 110 positioned below the top channel Fig 2, 120, associated with a second device Fig 1A-1B, 10L, and comprising a second nanosheet stack Fig 2, 110; wherein the second nanosheet stack comprises a third nanosheet and a fourth nanosheet Fig 2, 110; and wherein a space Fig 3, INT2 between the first nanosheet and the second nanosheet is greater than a space Fig 3, INT1 between the third nanosheet and the fourth nanosheet Fig 1A-3. Regarding claim 7, Jo discloses a top gate around exposed surfaces of the first nanosheet and the second nanosheet Fig 1A-1E, Fig 7. Regarding claim 8, Jo discloses a bottom gate around exposed surface of the third nanosheet and the fourth nanosheet Fig 1A-1E, Fig 7. Regarding claim 9, Jo discloses wherein a width dimension of the top gate is different from a width dimension of the bottom gate Fig 1A-1E, Fig 7. Regarding claim 10, Jo discloses a work function of the top gate is different from a work function of the bottom gate¶0051-0052. Regarding claim 11, Jo discloses a width dimension of the top gate is different from a width dimension of the bottom gate; and a work function of the top gate is different from a work function of the bottom gate¶0051-0052 Fig 1A-1E, Fig 7. Regarding claim 12, Jo discloses top source or drain (S/D) regions electronically coupled to the top channel; and bottom S/D regions electronically coupled to the bottom channel ¶0034, 0038, 0051. Regarding claim 13, Jo discloses wherein a doping type of the top S/D regions is different from a doping type of the bottom S/D regions ¶0034, 0038, 0051. Regarding claim 14, Jo discloses wherein: the first device comprises an n-type transistor; and the second device comprises a p-type transistor ¶0034, 0038, 0051. Regarding claim 15, Jo discloses wherein: the first device comprises a p-type transistor; and the second device comprises an n-type transistor ¶0034, 0038, 0051. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTINE A ENAD whose telephone number is (571)270-7891. The examiner can normally be reached Monday-Friday, 7:30 am -4:30 pm. 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, Lynne Gurley can be reached at 571 272 1670. 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. /CHRISTINE A ENAD/Primary Examiner, Art Unit 2811
Read full office action

Prosecution Timeline

Dec 05, 2023
Application Filed
Sep 11, 2026
Non-Final Rejection mailed — §102 (current)

Precedent Cases

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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
84%
Grant Probability
95%
With Interview (+10.3%)
1y 12m (~0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1361 resolved cases by this examiner. Grant probability derived from career allowance rate.

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