Prosecution Insights
Last updated: April 19, 2026
Application No. 18/544,689

STACKED FET WITH A ROBUST CONTACT

Non-Final OA §103
Filed
Dec 19, 2023
Examiner
TRAPANESE, WILLIAM C
Art Unit
2812
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
International Business Machines Corporation
OA Round
1 (Non-Final)
76%
Grant Probability
Favorable
1-2
OA Rounds
3y 3m
To Grant
98%
With Interview

Examiner Intelligence

Grants 76% — above average
76%
Career Allow Rate
479 granted / 626 resolved
+8.5% vs TC avg
Strong +21% interview lift
Without
With
+21.4%
Interview Lift
resolved cases with interview
Typical timeline
3y 3m
Avg Prosecution
30 currently pending
Career history
656
Total Applications
across all art units

Statute-Specific Performance

§101
10.8%
-29.2% vs TC avg
§103
54.6%
+14.6% vs TC avg
§102
24.2%
-15.8% vs TC avg
§112
3.1%
-36.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 626 resolved cases

Office Action

§103
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 . Claims 1, 11 and 17 are the independent claims. 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. Claim(s) 1, 2, 8, 9, 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Guler et al. (hereinafter Guler, US 2023/0317787) in view of Hwang et al. (hereinafter Hwang, US 2023/0046885). In regards to independent claim 1, Guler teaches a semiconductor device, comprising: a bottom layer including a pair of first channel regions (see Fig. 1F, channel regions 112 the center and on the right) separated by a first dielectric bar ( the right 144, 106B), a pair of second channel regions (channel regions 112 center and left) separated by a second dielectric bar (The left 114 106B), and a gate structure (143A) having an integral backside contact (172) between the first channel regions and the second channel regions (Guler, Fig. 1F). Guler fails to teach: a top layer including third channel regions, over and laterally offset with respect to the first channel regions, and fourth channel regions, over and laterally offset with respect to the second channel regions. Hwang teaches: a top layer including third channel regions (Fig. 3B, 315C), over and laterally offset with respect to the first channel regions (Fig. 3B 305C), and fourth channel regions, over and laterally offset with respect to the second channel regions (The channels shown in Fig. 3B are repeated as shown in Fig. 3A) (Hwang, Fgi. 3A, 3B, [0057] discusses the application to FinFets). It would have been obvious to one of ordinary skill in the art, having the teachings of Guler and Hwang before him before the effective filing date of the claimed invention, to modify the nanowire FinFET taught by Guler to include the top layer channels of Hwang in order to obtain a nanowire FinFET that has bottom and top layer channels. One would have been motivated to make such a combination because it would increase transistor density by have a top and bottom layer. In regards to dependent claim 2, Guler teaches the semiconductor device of claim 1, wherein a lateral distance between the first channel regions and the second channel regions is greater than a space between the pair of first channel regions and a space between the pair of second channel regions (Guler, Fig. 1F, wider channel spacing at backside gate contact). In regards to dependent claim 8, Guler teaches the semiconductor device of claim 1, wherein the bottom layer further includes first source/drain regions epitaxially grown from side surfaces of the first channel regions and second source/drain regions epitaxially grown from side surfaces of the second channel regions (Gular, [0035]). In regards to dependent claim 9, Guler teaches the semiconductor device of claim 8, wherein the first dielectric bar further separates the first source/drain regions and the second dielectric bar further separates the second source/drain regions (Guler, Fig. 1E, 144 separates 128). In regards to dependent claim 10, Hwang teaches wherein the top layer is bonded to the bottom layer by a bonding oxide layer (Hwang, [0042]). Claim(s) 3, 4, 7, 11, 12-14, 16, is/are rejected under 35 U.S.C. 103 as being unpatentable over Guler in view of Hwang and Hsu (Hsu, US 2023/0154847). In regards to dependent claim 3, Guler fails to explicitly teach frontside back-end-of-line (BEOL) layers over the top layer and backside BEOL layers under the bottom layer. Hsu teaches frontside back-end-of-line (BEOL) layers over the top layer and backside BEOL layers under the bottom layer (Hsu, [0054], [0057]). It would have been obvious to one of ordinary skill in the art, having the teachings of Guler and Hwang and Hsu before him before the effective filing date of the claimed invention, to modify the nanowire FinFET taught by Guler to include the BEOL layer above the top layer and below the bottom layer of Hsu in order to obtain a nanowire FinFET that has BEOL layers above and below the top and bottom channels respectively. One would have been motivated to make such a combination because it reduces the number of inter-layer vias required thereby allowing higher transistor density and less interference. In regards to dependent claim 4, Hsu teaches wherein the frontside BEOL layers and the backside BEOL layers both include power and signal interconnects (Hsu, [0026], [0027]). It would have been obvious to one of ordinary skill in the art, having the teachings of Guler and Hwang and Hsu before him before the effective filing date of the claimed invention, to modify the nanowire FinFET taught by Guler to include the BEOL layer above the top layer and below the bottom layer of Hsu in order to obtain a nanowire FinFET that has BEOL layers above and below the top and bottom channels respectively. One would have been motivated to make such a combination because it reduces the number of inter-layer vias required thereby allowing higher transistor density and less interference. In regards to dependent claim 7, Hsu teaches wherein first channel regions and the second channel region include semiconductor nanosheets that directly contact the respective first dielectric bar and second dielectric bar (Hsu, Fig. 2D 115a contact isolation wall 119a). It would have been obvious to one of ordinary skill in the art, having the teachings of Guler and Hwang and Hsu before him before the effective filing date of the claimed invention, to modify the nanowire FinFET taught by Guler to include the BEOL layer above the top layer and below the bottom layer of Hsu in order to obtain a nanowire FinFET that has BEOL layers above and below the top and bottom channels respectively. One would have been motivated to make such a combination because it reduces the number of inter-layer vias required thereby allowing higher transistor density and less interference. In regards to independent claim 11, Guler teaches a semiconductor device, comprising: a bottom layer including a pair of first channel regions having first channels (see Fig. 1F, channel regions 112 the center and on the right) separated by and directly contacting a first dielectric bar ( the right 144, 106B), a pair of second channel regions having second channels (channel regions 112 center and left) separated by and directly contacting a second dielectric bar (The left 114 106B), and a gate structure (143A) having an integral backside contact (172). (Guler, Fig. 1F); Guler fails to explicitly teach: a top layer including third channel regions, over and laterally offset with respect to the first channel regions, and fourth channel regions, over and laterally offset with respect to the second channel regions. a gate structure having an integral backside contact between the first channel regions and the second channel regions, wherein a lateral distance between the first channel regions and the second channel regions is greater than a space between the pair of first channel regions and a space between the pair of second channel regions; and wherein structures of the bottom layer and structures of the top layer are electrically isolated from each other Hwang teaches: a top layer including third channel regions (Fig. 3B, 315C), over and laterally offset (Fig. 3B 305C) with respect to the first channel regions, and fourth channel regions, over and laterally offset with respect to the second channel regions, (The channels shown in Fig. 3B are repeated as shown in Fig. 3A) (Hwang, Fgi. 3A, 3B, [0057] discusses the application to FinFets). It would have been obvious to one of ordinary skill in the art, having the teachings of Guler and Hwang before him before the effective filing date of the claimed invention, to modify the nanowire FinFET taught by Guler to include the top layer channels of Hwang in order to obtain a nanowire FinFET that has bottom and top layer channels. One would have been motivated to make such a combination because it would increase transistor density by have a top and bottom layer. Hsu teaches: a gate structure (108b) having an integral backside contact (113g) between the first channel regions and the second channel regions (regions around 108a, 108b and 108c, 108d), wherein a lateral distance between the first channel regions and the second channel regions is greater than a space between the pair of first channel regions and a space between the pair of second channel regions (Space between channels formed by 108 vs 108d) is farther than the distance from the channels formed by 108a, 108b); and wherein structures of the bottom layer and structures of the top layer are electrically isolated from each other (Hsu, Fig. 2D, 101, 103 are separated from 102, 104). It would have been obvious to one of ordinary skill in the art, having the teachings of Guler and Hwang and Hsu before him before the effective filing date of the claimed invention, to modify the nanowire FinFET taught by Guler to include the BEOL layer above the top layer and below the bottom layer of Hsu in order to obtain a nanowire FinFET that has BEOL layers above and below the top and bottom channels respectively. One would have been motivated to make such a combination because it reduces the number of inter-layer vias required thereby allowing higher transistor density and less interference. In regards to dependent claim 12, Hsu teaches frontside back-end-of-line (BEOL) layers over the top layer and backside BEOL layers under the bottom layer (Hsu, [0054], [0057]). It would have been obvious to one of ordinary skill in the art, having the teachings of Guler and Hwang and Hsu before him before the effective filing date of the claimed invention, to modify the nanowire FinFET taught by Guler to include the BEOL layer above the top layer and below the bottom layer of Hsu in order to obtain a nanowire FinFET that has BEOL layers above and below the top and bottom channels respectively. One would have been motivated to make such a combination because it reduces the number of inter-layer vias required thereby allowing higher transistor density and less interference. In regards to dependent claim 13, Hsu teaches wherein the frontside BEOL layers and the backside BEOL layers both include power and signal interconnects (Hsu, [0026], [0027]). It would have been obvious to one of ordinary skill in the art, having the teachings of Guler and Hwang and Hsu before him before the effective filing date of the claimed invention, to modify the nanowire FinFET taught by Guler to include the BEOL layer above the top layer and below the bottom layer of Hsu in order to obtain a nanowire FinFET that has BEOL layers above and below the top and bottom channels respectively. One would have been motivated to make such a combination because it reduces the number of inter-layer vias required thereby allowing higher transistor density and less interference. In regards to dependent claim 14, Guler teaches wherein the bottom layer further includes first source/drain regions epitaxially grown from side surfaces of the first channel regions and second source/drain regions epitaxially grown from side surfaces of the second channel regions (Gular, [0035]). In regards to dependent claim 16, Guler teaches wherein the first dielectric bar further separates the first source/drain regions and the second dielectric bar further separates the second source/drain regions (Guler, Fig. 1E, 144 separates 128). Claim(s) 5, 6, 14, 17-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Guler in view of Hwang and Hsu and Chanemougame et al. (hereinafter Chanemougame, US 2022/0271033) In regards to dependent claim 5, Guler fails to explicitly teach comprising an inter-layer via that connects the frontside BEOL layers to the backside BEOL layers. Chanemougame teaches further comprising an inter-layer via that connects the frontside BEOL layers to the backside BEOL layers (Chanemougame, Fig. 7c, 770). It would have been obvious to one of ordinary skill in the art, having the teachings of Guler and Hwang and Hsu and Chanemougame before him before the effective filing date of the claimed invention, to modify the nanowire FinFET taught by Guler to include inter-layer via of Chanemougame in order to obtain a nanowire FinFET that has inter-layer vias to connect top and bottom BEOL. One would have been motivated to make such a combination because it ensures that common power lines such as VDD are at the same potential for both top and bottom channel regions. In regards to dependent claim 6, Guler fails to explicitly teach wherein structures of the bottom layer and structures of the top layer are electrically isolated. Chanemougame teaches wherein structures of the bottom layer and structures of the top layer are electrically isolated (Hsu, Fig. 2A, 2D, no connection). It would have been obvious to one of ordinary skill in the art, having the teachings of Guler and Hwang and Hsu and Chanemougame before him before the effective filing date of the claimed invention, to modify the nanowire FinFET taught by Guler to include inter-layer via of Chanemougame in order to obtain a nanowire FinFET that has inter-layer vias to connect top and bottom BEOL. One would have been motivated to make such a combination because it ensures that common power lines such as VDD are at the same potential for both top and bottom channel regions. In regards to dependent claim 14, Guler fails to explicitly teach an inter-layer via that connects the frontside BEOL layers to the backside BEOL layers. Chanemougame teaches an inter-layer via that connects the frontside BEOL layers to the backside BEOL layers (Chanemougame, Fig. 7c, 770). It would have been obvious to one of ordinary skill in the art, having the teachings of Guler and Hwang and Hsu and Chanemougame before him before the effective filing date of the claimed invention, to modify the nanowire FinFET taught by Guler to include inter-layer via of Chanemougame in order to obtain a nanowire FinFET that has inter-layer vias to connect top and bottom BEOL. One would have been motivated to make such a combination because it ensures that common power lines such as VDD are at the same potential for both top and bottom channel regions. In regards to independent claim 17, Guler teaches a semiconductor device, comprising: a bottom layer comprising a pair of first channel regions having first channels (see Fig. 1F, channel regions 112 the center and on the right) being separated by and directly contacting a first dielectric bar ( the right 144, 106B), a pair of second channel regions having second channels (channel regions 112 center and left) being separated by and directly contacting a second dielectric bar (The left 114 106B), and Guler fails to explicitly teach: a gate structure having an integral backside contact between the first channel regions and the second channel regions, wherein a lateral distance between the first channel regions and the second channel regions is greater than a space between the pair of first channel regions and a space between the pair of second channel regions; backside back-end-of-line (BEOL) layers under the bottom layer a top layer comprising third channel regions over and laterally offset with respect to the first channel regions and fourth channel regions, over and laterally offset with respect to the second channel regions, wherein structures of the bottom layer and structures of the top layer are electrically isolated from each other; frontside BEOL layers over the top layer an inter-layer via that connects the frontside BEOL layers to the backside BEOL layers Hwang teaches: a top layer comprising third channel regions (Fig. 3B, 315C), over and laterally offset with respect to the first channel regions (Fig. 3B 305C), and fourth channel regions, over and laterally offset with respect to the second channel regions, (The channels shown in Fig. 3B are repeated as shown in Fig. 3A) (Hwang, Fgi. 3A, 3B, [0057] discusses the application to FinFets) It would have been obvious to one of ordinary skill in the art, having the teachings of Guler and Hwang before him before the effective filing date of the claimed invention, to modify the nanowire FinFET taught by Guler to include the top layer channels of Hwang in order to obtain a nanowire FinFET that has bottom and top layer channels. One would have been motivated to make such a combination because it would increase transistor density by have a top and bottom layer. Hsu teaches a gate structure (108b) having an integral backside contact (113g) between the first channel regions and the second channel regions (regions around 108a, 108b and 108c, 108d), wherein a lateral distance between the first channel regions and the second channel regions is greater than a space between the pair of first channel regions and a space between the pair of second channel regions (Space between channels formed by 108 vs 108d) is farther thand the distance from the channels foremed by 108a, 108b); and wherein structures of the bottom layer and structures of the top layer are electrically isolated from each other (Hsu, Fig. 2D, 101, 103 are separated from 102, 104) backside back-end-of-line (BEOL) layers under the bottom layer (Hsu, [0054], [0057]); wherein structures of the bottom layer and structures of the top layer are electrically isolated from each other; (Hsu, Fig. 2D, 101, 103 are separated from 102, 104); frontside BEOL layers over the top layer (Hsu, [0054], [0057]). It would have been obvious to one of ordinary skill in the art, having the teachings of Guler and Hwang and Hsu before him before the effective filing date of the claimed invention, to modify the nanowire FinFET taught by Guler to include the BEOL layer above the top layer and below the bottom layer of Hsu in order to obtain a nanowire FinFET that has BEOL layers above and below the top and bottom channels respectively. One would have been motivated to make such a combination because it reduces the number of inter-layer vias required thereby allowing higher transistor density and less interference. Chanemougame teaches: an inter-layer via that connects the frontside BEOL layers to the backside BEOL layers (Chanemougame, Fig. 7c, 770). It would have been obvious to one of ordinary skill in the art, having the teachings of Guler and Hwang and Hsu and Chanemougame before him before the effective filing date of the claimed invention, to modify the nanowire FinFET taught by Guler to include inter-layer via of Chanemougame in order to obtain a nanowire FinFET that has inter-layer vias to connect top and bottom BEOL. One would have been motivated to make such a combination because it ensures that common power lines such as VDD are at the same potential for both top and bottom channel regions. In regards to dependent claim 18, Hsu teaches the semiconductor device of claim 17, wherein the frontside BEOL layers and the backside BEOL layers both include power and signal interconnects (Hsu, [0026], [0027]). It would have been obvious to one of ordinary skill in the art, having the teachings of Guler and Hwang and Hsu before him before the effective filing date of the claimed invention, to modify the nanowire FinFET taught by Guler to include the BEOL layer above the top layer and below the bottom layer of Hsu in order to obtain a nanowire FinFET that has BEOL layers above and below the top and bottom channels respectively. One would have been motivated to make such a combination because it reduces the number of inter-layer vias required thereby allowing higher transistor density and less interference. In regards to dependent claim 19, Guler teaches wherein the bottom layer further includes first source/drain regions epitaxially grown from side surfaces of the first channel regions and second source/drain regions epitaxially grown from side surfaces of the second channel regions (Gul2r, [0035]). In regards to dependent claim 20, Guler teaches wherein the first dielectric bar further separates the first source/drain regions and the second dielectric bar further separates the second source/drain regions (Guler, Fig. 1E, 144 separates 128). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to WILLIAM C TRAPANESE whose telephone number is (571)270-3304. The examiner can normally be reached Monday - Friday 7am-12pm & 8pm-10pm EST. 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, Davienne Monbleau can be reached at (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 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. /WILLIAM C TRAPANESE/Primary Examiner, Art Unit 2812
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Prosecution Timeline

Dec 19, 2023
Application Filed
Mar 07, 2026
Non-Final Rejection — §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
76%
Grant Probability
98%
With Interview (+21.4%)
3y 3m
Median Time to Grant
Low
PTA Risk
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