Prosecution Insights
Last updated: April 19, 2026
Application No. 18/543,734

GATE CUT STRUCTURE FOR TRANSISTORS

Non-Final OA §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
1 (Non-Final)
77%
Grant Probability
Favorable
1-2
OA Rounds
2y 9m
To Grant
85%
With Interview

Examiner Intelligence

Grants 77% — above average
77%
Career Allow Rate
648 granted / 845 resolved
+8.7% vs TC avg
Moderate +8% lift
Without
With
+8.4%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
27 currently pending
Career history
872
Total Applications
across all art units

Statute-Specific Performance

§101
3.0%
-37.0% vs TC avg
§103
45.9%
+5.9% vs TC avg
§102
25.5%
-14.5% vs TC avg
§112
16.6%
-23.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 845 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, 3-12 and 14-20 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) and second metal layer (122) disposed on the first metal layer, and wherein the second metal layer comprises a different material than the first metal layer (¶ 54) and is disposed on an uppermost surface of the first metal layer. Wu does not explicitly disclose a gate cut portion disposed through a part of the gate structure, wherein the source/drain contact structure is disposed on a side of the gate cut portion. 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 portion 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 portion 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 portion (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 portion 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 portion 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 portion 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 portion and the additional gate cut portion. Regarding claim 8, the combined references as noted in the above rejections would include respective parts of the gate cut portion and the additional gate cut portion 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 portion (IGR2) comprises a dielectric material (col. 24, lines 45-47). Regarding claim 12, figures 1-20B of Wu disclose a semiconductor device, comprising:; a source/drain contact structure (120/122, Fig. 20B) disposed around a gate (96, Fig. 15B), wherein the source/drain contact structure comprises a first metal layer (120) and second metal layer (122) disposed on the first metal layer, and wherein the second metal layer comprises a different material than the first metal layer (¶ 54) and is disposed on an uppermost surface of the first metal layer. Wu does not explicitly disclose a gate cut portion disposed through the gate structure, wherein the source/drain contact structure is disposed on a side of the gate cut portion. 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 at the time the invention was made 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 14, 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 portion taught by Park is disposed through a part of the self-aligned contact cap layer. Regarding claim 15, figures 1-20B of Wu disclose an 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 portion 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 portion and the additional gate cut portion. Regarding claim 16, the combined references as noted in the above rejections would include respective parts of the gate cut portion and the additional gate cut portion are disposed through the isolation region. Regarding claim 17, 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 18, figures 1-20B of Wu disclose a semiconductor device, comprising: a first transistor structure including a gate (96, leftmost in figure 15B); a second transistor structure including a second gate (96, center in figure 15B); and a source/drain contact structure (120/122, Fig. 20B) disposed around the first gate and the second gate, wherein the source/drain contact structure comprises a first metal layer (120) and second metal layer (122) disposed on the first metal layer, and wherein the second metal layer comprises a different material than the first metal layer (¶ 54) and is disposed on an uppermost surface of the first metal layer. Wu does not explicitly disclose a gate cut portion disposed through the first and second gate structures, wherein the source/drain contact structure is disposed around the first and second gate cut portions. In the same field of endeavor, figure 2A and 7A of Park discloses gate cut portions (IGR2) disposed through a part of multiple gate structures (GLA/GLB). In light of such teachings, it would have been obvious to one of ordinary skill in the art at the time the invention was made to form gate cut portion disposed through the first and second gate structures (and thus around 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 19, figures 1-20B of Wu disclose an isolation region (56) that would be disposed between the first gate cut portion and the second cut gate portion. Regarding claim 20, figures 1-20B of Wu disclose the isolation region (56) is disposed under the source/drain contact structure (120/122). Allowable Subject Matter Claims 2 and 13 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. Conclusion 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 23, 2026
Non-Final Rejection — §103 (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
77%
Grant Probability
85%
With Interview (+8.4%)
2y 9m
Median Time to Grant
Low
PTA Risk
Based on 845 resolved cases by this examiner. Grant probability derived from career allow rate.

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