Prosecution Insights
Last updated: August 18, 2026
Application No. 18/587,923

GATE-ALL-AROUND FIELD EFFECT TRANSISTOR WITH VARIABLE CHANNEL GEOMETRIES

Non-Final OA §102§103§112
Filed
Feb 26, 2024
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
1059 granted / 1161 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
15 currently pending
Career history
1171
Total Applications
across all art units

Statute-Specific Performance

§101
0.9%
-39.1% vs TC avg
§103
44.4%
+4.4% vs TC avg
§102
32.6%
-7.4% vs TC avg
§112
7.9%
-32.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1161 resolved cases

Office Action

§102 §103 §112
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 claims 1-16 in the reply filed on 5/22/26 is acknowledged. Claim Rejections - 35 USC § 112 The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. Claims 1-16 are-ejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Claim 1 recites the limitation "the first regions" in line 13. There is insufficient antecedent basis for this limitation in the claim. Check the entire claims for 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) 1-7 and 13-15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Liu et al. (US 2022/0384610, hereinafter, Liu.) In regard to claim 1, in figs. 14-15, Liu discloses a gate-all-around transistor 250 (para [0034]) comprising: a gate structure having sidewalls (para [0024]); a first and a second gate spacer 226 (para [0024]) positioned laterally on each sidewall, wherein the gate structure has a gate length between the sidewalls of the gate structure, the gate length having a midpoint; a first inner spacer 240 (para [0027]) under the first gate spacer; a second inner spacer 240 under the second gate spacer; a channel layer 2080 (para [0036], fig. 14) extending from below the first inner spacer, across the gate length to below the second inner spacer, the channel layer comprising: a first region having a first thickness and located below each of the gate spacers; and a second region having a continuously variable thickness, the second region located laterally between the first regions and being symmetrical in reference to the midpoint of the gate length. Regarding claim 2, wherein the channel layer further comprises a third region having a third thickness less than the first thickness, the third region being located at a midpoint of the gate length, with each end of the third region being laterally adjacent the second region, the third region having a non-variable thickness. Fig. 15 shows the middle region of the channel, the central region, where the thickness was constant, flat, compared to the round portion of the second region. Regarding claim 3, wherein a length of the second region is 49% to 2% of the gate length. Fig. 14. Regarding claim 4, wherein a curvature of the second region is 0 to 90 degrees. Fig. 15 Regarding claim 5, wherein the first region, the second region and the third region are a same material. Regarding claim 6, wherein the same material is silicon (the channel is made of silicon (para [0018]). Regarding claim 7, wherein the same material is silicon germanium having uniform germanium concentration (para [0018].) Regarding claim 13, wherein the gate structure comprises a gate conductor, and a gate dielectric; and wherein the gate structure wraps the channel layer exposed in the gate length. Fig. 15. Regarding claim 14, Liu further comprising: an inner spacer located under the first region of the channel layer, wherein the gate dielectric is between the inner spacer and the first region of the channel layer. Fig. 15. Regarding claim 15, Liu further comprising: a flat portion of the second region, wherein the flat portion contacts the first region of the channel layer while the continuously variable thickness of the second region is in contact with the flat portion. Fig. 16. 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) 8-12 is/are rejected under 35 U.S.C. 103 as being unpatentable overLiu as applied to claim 1 above. In regard to claims 8-12, Liu discloses all of the claimed limitations as mentioned above. Liu also discloses the use of Silicon (Si) and Silicon germanium (SiGe), except the specific values or locations as currently claimed in the same embodiment (para [0018].) Nonetheless, Liu further discusses that the Si and silicon germanium may be used in the channel region and the central regions with various concentrations. This known to one of ordinary skill in the art. The difference in concentration is used to adjust the resistance and electron mobility in the channel. Therefore, it would have been obvious to one of ordinary skill in the art at the time of the application was filed to adjust the concentration as taught in order to take the known advantage. Allowable Subject Matter Claim 16 is objected (in light of the 112 rejection above) 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 does not show a second transistor; and a shallow trench isolation region separating the transistor and the second transistor; wherein the second transistor comprises; a second self-aligned isolation layer; and a second gate structure; wherein a top surface of the second self-aligned isolation layer is in contact with the second gate structure and the bottom surface is in contact with the upper surface of the substrate, and wherein the upper surface of the substrate is higher than a top surface of the shallow trench isolation region. 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

Feb 26, 2024
Application Filed
Jul 29, 2026
Non-Final Rejection mailed — §102, §103, §112 (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
91%
Grant Probability
99%
With Interview (+7.8%)
2y 2m (~0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1161 resolved cases by this examiner. Grant probability derived from career allowance rate.

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