Prosecution Insights
Last updated: July 17, 2026
Application No. 18/533,085

SEMICONDUCTOR DEVICE WITH AN ETCH STOP LAYER AT THE MIDDLE OF LINE

Non-Final OA §102§103
Filed
Dec 07, 2023
Examiner
TRAN, TAN N
Art Unit
2812
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
International Business Machines Corporation
OA Round
1 (Non-Final)
87%
Grant Probability
Favorable
1-2
OA Rounds
0m
Est. Remaining
97%
With Interview

Examiner Intelligence

Grants 87% — above average
87%
Career Allowance Rate
957 granted / 1104 resolved
+18.7% vs TC avg
Moderate +10% lift
Without
With
+10.0%
Interview Lift
resolved cases with interview
Fast prosecutor
2y 1m
Avg Prosecution
35 currently pending
Career history
1150
Total Applications
across all art units

Statute-Specific Performance

§101
1.8%
-38.2% vs TC avg
§103
76.4%
+36.4% vs TC avg
§102
11.6%
-28.4% vs TC avg
§112
2.1%
-37.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1104 resolved cases

Office Action

§102 §103
DETAILED ACTION Election/Restriction 1. Applicant's election without traverse of Group I, (wherein group I including claims 1 - 12, 20 – 25 in the previous election/restriction); while Applicant mentioned in the remarks only claims 1 – 12 in the group I. Therefore, Applicant's election without traverse of Group I, claims 1- 12, 20 - 25 is acknowledged and claims 23 - 19 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to nonelected claims, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 3/26/26. Claim Objections 2. Claim 24 is objected to because of the following informalities: In claim 24, lines 1, 2, “a contact of a source/drain region is extended through the etch stop layer” should be changed to “another contact of another source/drain region is extended through the etch stop layer” in order to avoid “a contact of a source/drain region is extended through the etch stop layer” is redundant from claim 20. Appropriate correction is required. Claim Rejections - 35 USC § 102 3. 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. 4. Claim(s) 1 – 4, 6 – 10, 12, 20 - 24 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by BAE et al. (20220320301). With regard to claim 1, BAE et al. disclose a semiconductor device (for example, see figs. 23 – 25), comprising: a first transistor adjacent to a second transistor (the first region I may be an NMOS region having NMOS transistor, and the second region II may be a PMOS region having PMOS transistor; for example, see paragraph [0032]); and an etch stop layer (130) within an interlayer dialectic (140) configured to separate a lateral contact (contact 862 functions as a lateral contact) and a plurality of backside source/drain region-gate cut dielectric layers (insulating layers 105, IR, forming on the back of the source/drain regions forming in the active patterns F1, F2, F3, F4 as shown in fig. 23; and fig. 24 having separated gates G11, G12 or other gates forming in the PMOS transistor. Therefore, insulating layers 105, IR surrounding the backside of the source/drain having separated gates functioning as backside source/drain region-gate cut dielectric layers. Although the applicant uses terms different to those of BAE et al. to label/describe the claimed invention, this does not result in any structural difference between the claimed invention and the prior art. The use different terminology to describe the plurality of elements that constitute an integrated circuit as this is just a writing style and the way in which a structural limitation is expressed does not affect the configuration of the described elements. Applicant’s claim 1 does not distinguish over BAE et al. references regardless of the process “cut” used to form separated gates or discontinued gates G11, G21 or other gates forming in the PMOS transistor because only the final product is relevant); wherein the lateral contact (862) connects a via (192) over a first source/drain region (a first source/drain region forming in the active patterns F1, F2) of the first transistor to a second source/drain region (a second source/drain region forming in the active patterns F3, F4) of the second transistor. PNG media_image1.png 674 612 media_image1.png Greyscale With regard to claim 2, BAE et al. disclose the lateral contact (862) is located between the via (192) and the etch stop layer (130). With regard to claim 3, BAE et al. disclose a contact (122) of the second source/drain region is extended through the etch stop layer (130). With regard to claim 4, BAE et al. disclose the contact (122) of the second source/drain region is located between two adjacent backside source/drain region-gate cut dielectric layers (105, IR). PNG media_image1.png 674 612 media_image1.png Greyscale With regard to claim 6, BAE et al. disclose the lateral contact (862) is located above the first and second source/drain regions (the first and second source/drain regions forming in the active patterns F1, F2, F3, F4). With regard to claim 7, BAE et al. disclose a semiconductor device (for example, see figs. 23 – 25), comprising: a first transistor adjacent to a second transistor (the first region I may be an NMOS region having NMOS transistor, and the second region II may be a PMOS region having PMOS transistor; for example, see paragraph [0032]); and an etch stop layer (130) within an interlayer dialectic (140) configured to separate a lateral contact (contact 862 functions as a lateral contact) and a plurality of backside source/drain region-gate cut dielectric layers (insulating layers 105, IR, forming on the back of the source/drain regions forming in the active patterns F1, F2, F3, F4 as shown in fig. 23; and fig. 24 having separated gates G11, G12 or other gates forming in the PMOS transistor. Therefore, insulating layers 105, IR surrounding the backside of the source/drain having separated gates functioning as backside source/drain region-gate cut dielectric layers. Although the applicant uses terms different to those of BAE et al. to label/describe the claimed invention, this does not result in any structural difference between the claimed invention and the prior art. The use different terminology to describe the plurality of elements that constitute an integrated circuit as this is just a writing style and the way in which a structural limitation is expressed does not affect the configuration of the described elements. Applicant’s claim 1 does not distinguish over BAE et al. references regardless of the process “cut” used to form separated gates or discontinued gates G11, G21 or other gates forming in the PMOS transistor because only the final product is relevant); wherein a contact (121) of a first source/drain region (a source/drain region forming in the active patterns F1, F2) is extended through the etch stop layer (130). PNG media_image1.png 674 612 media_image1.png Greyscale With regard to claim 8, BAE et al. disclose the lateral contact (862) connects a via (192) over a second source/drain region (a second source/drain region forming in the active patterns F1, F2) of the first transistor to a second source/drain region (a second source/drain region forming in the active patterns F3, F4) of the second transistor. With regard to claim 9, BAE et al. disclose the lateral contact (862) is located between the via (192) and the etch stop layer (130). With regard to claim 10, BAE et al. disclose the contact (121) of the first source/drain region is located between two adjacent backside source/drain region-gate cut dielectric layers (105, IR). With regard to claim 12, BAE et al. disclose the lateral contact (862) is located above the first and second source/drain regions (the first and second source/drain regions forming in the active patterns F1, F2, F3, F4). With regard to claim 20, BAE et al. disclose a semiconductor device (for example, see figs. 23 – 25), comprising: a first transistor adjacent to a second transistor (the first region I may be an NMOS region having NMOS transistor, and the second region II may be a PMOS region having PMOS transistor; for example, see paragraph [0032]); and an etch stop layer (130) within an interlayer dialectic (140); and a contact (121) extending through the etch stop layer (130) to connect a source/drain region (a source/drain region forming in the active patterns F1, F2) to a back end of line (a region line AR1 or a conductive substrate 100 functions as a back end of line; for example, see paragraph [0031]). PNG media_image1.png 674 612 media_image1.png Greyscale With regard to claim 21, BAE et al. disclose the ILD (140) is configured to separate a lateral contact (862) and a plurality of backside source/drain region-gate cut dielectric layers (105, IR), wherein the lateral contact (862) connects a via (192) over a first source/drain region (a first source/drain region forming in the active patterns F1, F2) of the first transistor to a second source/drain region (a second source/drain region forming in the active patterns F3, F4) of the second transistor. With regard to claim 22, BAE et al. disclose the lateral contact (862) is located between the via (192) and the etch stop layer (130). With regard to claim 23, BAE et al. disclose the lateral contact (862) is located above the first and second source/drain regions (the first and second source/drain regions forming in the active patterns F1, F2, F3, F4). With regard to claim 24, BAE et al. disclose another contact (862) of another source/drain region (another source/drain region forming in the active patterns F3, F4) is extended through the etch stop layer (130). Claim Rejections - 35 USC § 103 5. 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. 6. Claims 5, 11, 25 are rejected under 35 U.S.C. 103 as being unpatentable over BAE et al. (20220320301) in view of YU (20220359685). With regard to claims 5, 25, BAE et al. disclose the first source/drain region is connected to a backside power rail through a direct backside contact. However, YU discloses the first source/drain region (one of the source/drain regions 110B, forming in an array, functions as the first source/drain region) is connected to a backside power rail (103) through a direct backside contact (contacts 148, 104 function as a direct backside contact). (for example, see fig. 2A). PNG media_image2.png 544 443 media_image2.png Greyscale Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the BAE et al.’s device to have the first source/drain region is connected to a backside power rail through a direct backside contact as taught by YU in order to secure the electrical connection power for enhancing a stability operation of the semiconductor device, as is known to one of ordinary skill in the art. With regard to claim 11, BAE et al. disclose the second source/drain region is connected to a backside power rail through a direct backside contact. However, YU discloses the second source/drain region (one of the source/drain regions 110B, forming in an array, functions as the second source/drain region) is connected to a backside power rail (103) through a direct backside contact (contacts 148, 104 function as a direct backside contact). (for example, see fig. 2A). PNG media_image2.png 544 443 media_image2.png Greyscale Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the BAE et al.’s device to have the second source/drain region is connected to a backside power rail through a direct backside contact as taught by YU in order to secure the electrical connection power for enhancing a stability operation of the semiconductor device, as is known to one of ordinary skill in the art. Conclusion 7. Any inquiry concerning this communication or earlier communications from the examiner should be directed to TAN N TRAN whose telephone number is (571) 272 - 1923. The examiner can normally be reached on 8:30-5:00PM. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Davienne Monbleau can be reached on (571) 272-1945. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /TAN N TRAN/ Primary Examiner, Art Unit 2812
Read full office action

Prosecution Timeline

Dec 07, 2023
Application Filed
May 14, 2026
Non-Final Rejection mailed — §102, §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
87%
Grant Probability
97%
With Interview (+10.0%)
2y 1m (~0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1104 resolved cases by this examiner. Grant probability derived from career allowance rate.

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