Prosecution Insights
Last updated: August 17, 2026
Application No. 18/543,734

GATE CUT STRUCTURE FOR TRANSISTORS

Final Rejection §103
Filed
Dec 18, 2023
Examiner
SUN, YU-HSI DAVID
Art Unit
2817
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
International Business Machines Corporation
OA Round
2 (Final)
77%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
86%
With Interview

Examiner Intelligence

Grants 77% — above average
77%
Career Allowance Rate
673 granted / 871 resolved
+9.3% vs TC avg
Moderate +8% lift
Without
With
+8.5%
Interview Lift
resolved cases with interview
Typical timeline
2y 8m
Avg Prosecution
31 currently pending
Career history
892
Total Applications
across all art units

Statute-Specific Performance

§101
3.6%
-36.4% vs TC avg
§103
45.9%
+5.9% vs TC avg
§102
22.3%
-17.7% vs TC avg
§112
20.3%
-19.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 871 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 . 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 1, and 3-11 are rejected under 35 U.S.C. 103 as being unpatentable over Wu et al. (US PG Pub 2025/0031403, hereinafter Wu) in view of Park et al. (US Pat 9,508,727, hereinafter Park). Regarding claim 1, figures 1-20B of Wu disclose a semiconductor device, comprising: at least one transistor comprising a gate structure (96, Fig. 15B) and a source/drain region (82, Fig. 15B); a source/drain contact structure (120/122, Fig. 20B) disposed on the source/drain region, wherein the source/drain contact structure comprises a first metal layer (120) disposed in contact with the source/drain region and having a first thickness and second metal layer (122) disposed on the first metal layer and having a second thickness (measured vertically near the top of the tapered side portion) which is less than the first thickness, and wherein the second metal layer comprises a different material than the first metal layer (¶ 54). Wu does not explicitly disclose a gate cut element disposed through a part of the gate structure, wherein the source/drain contact structure is disposed on a side of the gate cut element. In the same field of endeavor, figure 2A of Park discloses a gate cut portion (IGR2) disposed through a part of a gate structure (GLA/GLB). In light of such teachings, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to form a gate cut portion disposed through a part of the gate structure (and thus on a side of the source/drain contact structure), as taught by Park for the purpose of forming devices with reduced feature size while improving the stability and reliability (col. 1, lines 19-33). Regarding claim 3, figures 18A-18B of Wu disclose a self-aligned contact cap layer (100) disposed on the gate structure (96), which runs across the entire length of the gate structure. Thus, it would be obvious that the gate cut element taught by Park is disposed through a part of the self-aligned contact cap layer. Regarding claim 4, figures 18A-18B of Wu disclose a dielectric layer (102) disposed on the self-aligned contact cap layer (100), which runs across the entire length of the gate structure. Thus, it would be obvious that the gate cut element taught by Park is disposed through a part of the dielectric layer. Regarding claim 5, figure 2A of Park discloses a top surface of the gate cut element (IGR2) is coplanar with a top surface of the overall gate structure including sidewall spacers (124). Thus in the combined invention, it would be obvious to have the top surface of the gate cut element be coplanar with the overall gate structure of Wu which includes the dielectric layer (102) and sidewall spacers (80), Regarding claim 6, since a top surface of the gate cut element is coplanar with the overall gate structure which includes the dielectric layer (102) and sidewall spacers (80)(see claim 5 above), it would also be coplanar with a top surface of the second metal layer (122, see figure 20B of Wu). Regarding claim 7, figures 1-20B of Wu disclose at least one additional transistor comprising an additional gate structure and an additional source/drain region (figure 20B shows multiple transistor structures); The combined references as noted in the rejection of claim 1 would have an additional gate cut element disposed through a part of the additional gate structure. Furthermore, it is obvious to have an isolation region (ILD) between devices, which would be between the gate cut element and the additional gate cut element. Regarding claim 8, the combined references as noted in the above rejections would include respective parts of the gate cut element and the additional gate cut element are disposed through the isolation region. Regarding claim 9, figures 1-20B of Wu disclose an isolation region (56) that would be between the gate cut portion and the additional gate cut portion and also is disposed under a portion of the source/drain contact structure (120/122). Regarding claim 10, figures 1-20B of Wu disclose an isolation region (56) that would be between the gate cut portion and the additional gate cut portion and comprises a shallow trench isolation region. Regarding claim 11, Park discloses the gate cut element (IGR2) comprises a dielectric material (col. 24, lines 45-47). Response to Arguments Applicant’s arguments with respect to claim(s) 1 have been considered but are moot in light of the new grounds of rejection set forth above. Allowable Subject Matter Claims 12 and 14-20 are allowed. Claim 2 is 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. Conclusion Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to YU-HSI DAVID SUN whose telephone number is (571)270-5773. The examiner can normally be reached Mon-Fri 8am-4pm ET. 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, Marlon Fletcher can be reached at 571-272-2063. 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. /YU-HSI D SUN/Primary Examiner, Art Unit 2817
Read full office action

Prosecution Timeline

Dec 18, 2023
Application Filed
Mar 26, 2026
Non-Final Rejection mailed — §103
Jun 26, 2026
Response Filed
Jul 15, 2026
Final Rejection mailed — §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12707750
IMAGING ELEMENT AND ELECTRONIC APPARATUS
2y 8m to grant Granted Aug 11, 2026
Patent 12708051
SEMICONDUCTOR PACKAGE
2y 4m to grant Granted Aug 11, 2026
Patent 12702037
BONDING APPARATUS, BONDING METHOD, AND COMPUTER READABLE STORAGE MEDIUM
3y 2m to grant Granted Aug 04, 2026
Patent 12696762
POWER SEMICONDUCTOR MODULE COMPRISING AT LEAST ONE POWER SEMICONDUCTOR ELEMENT
3y 7m to grant Granted Jul 28, 2026
Patent 12690489
SEMICONDUCTOR DEVICE AND METHOD FOR PRODUCING SEMICONDUCTOR DEVICE
3y 11m to grant Granted Jul 21, 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

3-4
Expected OA Rounds
77%
Grant Probability
86%
With Interview (+8.5%)
2y 8m (~0m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 871 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