Prosecution Insights
Last updated: October 02, 2026
Application No. 18/535,332

STACKED FET WITH SHIFTED CHANNEL STRUCTURE

Non-Final OA §102
Filed
Dec 11, 2023
Examiner
MEHTA, RATISHA
Art Unit
2817
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
International Business Machines Corporation
OA Round
1 (Non-Final)
90%
Grant Probability
Favorable
1-2
OA Rounds
0m
Est. Remaining
95%
With Interview

Examiner Intelligence

Grants 90% — above average
90%
Career Allowance Rate
578 granted / 645 resolved
+21.6% vs TC avg
Moderate +6% lift
Without
With
+5.6%
Interview Lift
resolved cases with interview
Fast prosecutor
2y 0m
Avg Prosecution
34 currently pending
Career history
671
Total Applications
across all art units

Statute-Specific Performance

§101
0.9%
-39.1% vs TC avg
§103
47.4%
+7.4% vs TC avg
§102
27.9%
-12.1% vs TC avg
§112
12.7%
-27.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 645 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 Species C in the reply filed on 7/10/2026 is acknowledged. Claims 2, 10-11, 16-17 and 20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 7/10/2026. 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. Claim(s) 1, 3-9, 12-15 and 18-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hong et al (US 2022/0109046; hereinafter Hong). Regarding claim 1, Figs 3C-3E and 5B of Hong discloses a semiconductor device comprising: a stacked transistor structure (Fig 3C) including a column having field effect transistors (301/302; Fig 3C; ¶ [0050]) on at least two levels in the column, the at least two levels including a top tier (Fig 3C) and bottom tier (Fig 3C) and first channels (320; Fig 3C; ¶ [0050]) of a first field effect transistor (302; Fig 3C; ¶ [0050]) disposed on a first side (top side; Fig 3C) of the column at the top tier (Fig 3C) and second channels (310; Fig 3C; ¶ [0050]) of a second field effect transistor (301; Fig 3C; ¶ [0050]) disposed on a second side (Bottom side; Fig 3C) of the column opposite the first side (top side; Fig 3C) at the bottom tier to form an offset (Fig 3C) between the first channels (320; Fig 3C; ¶ [0050]) and the second channels (310; Fig 3C; ¶ [0050]) within the column. Regarding claim 3, Figs 3C-3E and 5B of Hong discloses the first channels (320; Fig 3C; ¶ [0050]) and the second channels (310; Fig 3C; ¶ [0050]) have different sizes (Fig 3C). Regarding claim 4, Figs 3C-3E and 5B of Hong discloses the first field effect transistor (302; Fig 3C; ¶ [0050]) includes a source/drain region (313/314; Figs 3D-3E; ¶ [0063]) which is offset (Figs 3D-3E) from a source/drain region (311/312; Figs 3D-3E; ¶ 321[0063]) of the second field effect transistor (301; Fig 3C; ¶ [0050]) within the column. Regarding claim 5, Figs 3C-3E and 5B of Hong discloses at least one opposite connection contact (321/322/323; Fig 3D; ¶ [0063]) disposed within the column (Fig 3D) through one of the at least two levels to connect to a source/drain region (313/314/311/312; Figs 3D-3E; ¶ [0063]) in another one of the at least two levels. Regarding claim 6, Figs 3C-3E and 5B of Hong discloses the at least one opposite connection (321/322/323; Fig 3D; ¶ [0063]) includes two opposite connections (321/322/323; Fig 3D; ¶ [0063]) within the column. Regarding claim 7, Figs 3C-3E and 5B of Hong discloses the first field effect transistor (302; Fig 3C; ¶ [0050]) includes a tri-gate field effect transistor (Figs 2 and 3; Since Figs 2 and 3 shows gate structure (225) wraps around three sides of a fin-shaped channel. Therefore Hong discloses first field effect transistor is a tri-gate field effect transistor). Regarding claim 8, Figs 3C-3E and 5B of Hong discloses the offset (Fig 3D) provides overlap (Fig 3D) between the first channels (320; Fig 3C; ¶ [0050]) and the second channels (310; Fig 3C; ¶ [0050]) within their respective levels of the at least two levels in the column. (Fig 3D) Regarding claim 9, Figs 3C-3E and 5B of Hong discloses the offset (Fig 3D) is large enough to prevent overlap between the first channels (320; Fig 3C; ¶ [0050]) and the second channels (310; Fig 3C; ¶ [0050]) within their respective levels of the at least two levels in the column. Regarding claim 12, Figs 3C-3E and 5B of Hong discloses a semiconductor device comprising: a stacked transistor structure (Fig 3C) including a column having tri-gate field effect transistors (301/302; Fig 3C; ¶ [0050]) on at least two levels in the column, the at least two levels including a top tier (Fig 3C) and bottom tier (Fig 3C) and a first tri-gate field effect transistor (302; Fig 3C; ¶ [0050]) disposed on a first side of the column at the top tier (Fig 3C) and a second tri-gate field effect transistor (301; Fig 3C; ¶ [0050]) offset from the first tri-gate field effect transistor (302; Fig 3C; ¶ [0050]) on a second side of the column opposite the first side at the bottom tier (Fig 3D) within the column, at least one opposite connection contact (321/322/323; Fig 3D; ¶ [0063]) disposed within the column, the at least one opposite connection passing through the column to connect to one of the first and second tri-gate field effect transistors (Figs 3D-3E). (Figs 2 and 3; Since Figs 2 and 3 shows gate structure (225) wraps around three sides of a fin-shaped channel. Therefore Hong discloses first field effect transistor is a tri-gate field effect transistor). Regarding claim 13, Figs 3C-3E and 5B of Hong discloses the first tri-gate field effect transistor (302; Fig 3C; ¶ [0050]) and the second tri-gate field effect transistor (301; Fig 3C; ¶ [0050]) each includes gates (215/225; Fig 2B; ¶ [0041]) with gate conductors that surrounds three sides of device channels (Fig 2). Regarding claim 14, Figs 3C-3E and 5B of Hong discloses the gates have different sizes (Figs 2, 3C-3E). Regarding claim 15, Figs 3C-3E and 5B of Hong discloses the device channels (310/320; Fig 3C; ¶ [0050]) of the first tri-gate field effect transistor (302; Fig 3C; ¶ [0050]) and the second tri-gate field effect transistor (301; Fig 3C; ¶ [0050]) have different sizes (Fig 3D). Regarding claim 18, Figs 3C-3E and 5B of Hong discloses the at least one opposite connection (321/322/323; Fig 3D; ¶ [0063]) includes two opposite connections (321/322/323; Fig 3D; ¶ [0063]) within the column. Regarding claim 19, Figs 3C-3E and 5B of Hong discloses the at least one opposite connection (321/322/323; Fig 3D; ¶ [0063]) connects to a source drain region (313/314; Figs 3D-3E; ¶ [0063]) of one of the first and second tri-gate field effect transistors. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Hong et al (US 2022/0367520) Lilak et al (US 2020/0098756) Any inquiry concerning this communication or earlier communications from the examiner should be directed to RATISHA MEHTA whose telephone number is (571)270-7473. The examiner can normally be reached Monday-Friday: 9:00am - 5:00 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, Eliseo Ramos Feliciano can be reached at 571-272-7925. 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. /RATISHA MEHTA/Primary Examiner, Art Unit 2817
Read full office action

Prosecution Timeline

Dec 11, 2023
Application Filed
Sep 22, 2026
Non-Final Rejection mailed — §102 (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
90%
Grant Probability
95%
With Interview (+5.6%)
2y 0m (~0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 645 resolved cases by this examiner. Grant probability derived from career allowance rate.

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