Prosecution Insights
Last updated: July 17, 2026
Application No. 18/536,395

DEEP SOURCE/DRAIN WITH SIDEWALL LINER PROTECTION AND DIRECT BACKSIDE CONTACT

Non-Final OA §102
Filed
Dec 12, 2023
Examiner
HA, NATHAN W
Art Unit
2814
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
International Business Machines Corporation
OA Round
1 (Non-Final)
91%
Grant Probability
Favorable
1-2
OA Rounds
0m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 91% — above average
91%
Career Allowance Rate
1055 granted / 1157 resolved
+23.2% vs TC avg
Moderate +8% lift
Without
With
+7.8%
Interview Lift
resolved cases with interview
Fast prosecutor
2y 2m
Avg Prosecution
12 currently pending
Career history
1167
Total Applications
across all art units

Statute-Specific Performance

§101
0.6%
-39.4% vs TC avg
§103
69.0%
+29.0% vs TC avg
§102
11.1%
-28.9% vs TC avg
§112
1.7%
-38.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1157 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 of claims 1-7 in the reply filed on 4/3/26 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)). Claim Objections Claim 1 is objected to because of the following informalities: the phrase, “semiconductor substrate” should be “the semiconductor substrate”. Also, the spacing of the lines in claim 7 is not the same as the rest of the claims’. The formation of claims/claim language is poorly constructed. Appropriate correction is required. Check all of the claims for the similar issue. 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) 1-2 and 7 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Su et al. (US 2021/0351079, hereinafter, Su.) Regarding claims 1-2 and 7, in fig. 2, Su discloses a method of fabricating a semiconductor device 100 (para [0027]), the method comprising: forming a deep nanosheet trench between first and second nanosheet stacks formed on a frontside of the semiconductor substrate; depositing a deep trench liner 118/127 on sidewalls and a bottom end of the deep nanosheet trench, see also figs. 3-4; forming a source/drain at the 106 region in the deep nanosheet trench (para [0026]); etching a backside of the semiconductor substrate to form a backside contact trench which exposes the deep nanosheet trench while the deep trench liner prevents etching of the source/drain (fig. 2 showed the finished structure where the backside was edged to form the source/drain contact 120, thus, exposing the source/drain for contact; see also para [0024]); etching the bottom end of the deep nanosheet trench to expose a bottom end of the source/drain; and forming a backside contact 122 (para [0024]) in the backside contact trench to establish physical contact between the backside contact and the bottom end of the source/drain. Regarding claim 2, wherein forming the source/drain comprises: etching the deep trench liner located at the bottom end of the deep nanosheet trench to form an opening which exposes a portion of semiconductor substrate, fig. 2; forming a source/drain seed layer on the exposed portion of the semiconductor substrate; and epitaxially growing the source/drain from the source/drain seed layer, in the region 106, see the description in para [0025].) Regarding claim 7, Su further comprising: forming a backside power rail, or metal lines, 216 (para [0024]) on the backside of the semiconductor substrate such that a first surface contacts the backside contact; forming a backside power distribution network, or interconnect structure, 114 (para [0023])on a second surface of the backside power rail opposite the first surface. Allowable Subject Matter Claims 3-6 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. The prior art do not show wherein etching a backside of the semiconductor substrate comprises: replacing a portion of semiconductor material with a backside interlayer dielectric (ILD); performing an etching process that is selective to material of the ILD and the source/drain while the deep trench liner prevents etching of sidewalls of the source/drain and the source/drain seed layer prevents etching of the bottom end of the source/drain. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to NATHAN W HA whose telephone number is (571)272-1707. The examiner can normally be reached M-T: 8:00AM-6:00PM. 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, WAEL FAHMY can be reached at (571)-272-1705. 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. /NATHAN W HA/Primary Examiner, Art Unit 2814
Read full office action

Prosecution Timeline

Dec 12, 2023
Application Filed
Jun 30, 2026
Non-Final Rejection mailed — §102 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12672946
METHOD OF MAKING SEMICONDUCTOR DEVICE WHICH INCLUDES FINS
3y 3m to grant Granted Jul 07, 2026
Patent 12660648
EMBEDDED GLASS CORES IN PACKAGE SUBSTRATES AND RELATED METHODS
4y 8m to grant Granted Jun 16, 2026
Patent 12660642
SEMICONDUCTOR DEVICE
4y 0m to grant Granted Jun 16, 2026
Patent 12657368
Space Optimization Between SRAM Cells and Standard Cells
3y 1m to grant Granted Jun 16, 2026
Patent 12660054
Light-Emitting Apparatus, Lighting Device, Display Device, Module, and Electronic Device
2y 0m to grant Granted Jun 16, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

Strategy Recommendation AI-generated — please review before filing

Get a prosecution strategy drawn from examiner precedents, rejection analysis, and claim mapping.
Typically takes 5-10 seconds — AI-generated, attorney review required before filing

Prosecution Projections

1-2
Expected OA Rounds
91%
Grant Probability
99%
With Interview (+7.8%)
2y 2m (~0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1157 resolved cases by this examiner. Grant probability derived from career allowance rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month