Prosecution Insights
Last updated: July 17, 2026
Application No. 18/596,892

SOURCE/DRAIN CONTACT CUT AND POWER RAIL NOTCH

Non-Final OA §102
Filed
Mar 06, 2024
Examiner
CROSS, XIA L
Art Unit
2892
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
International Business Machines Corporation
OA Round
1 (Non-Final)
82%
Grant Probability
Favorable
1-2
OA Rounds
0m
Est. Remaining
92%
With Interview

Examiner Intelligence

Grants 82% — above average
82%
Career Allowance Rate
379 granted / 461 resolved
+14.2% vs TC avg
Moderate +10% lift
Without
With
+9.5%
Interview Lift
resolved cases with interview
Typical timeline
2y 4m
Avg Prosecution
11 currently pending
Career history
478
Total Applications
across all art units

Statute-Specific Performance

§101
0.3%
-39.7% vs TC avg
§103
79.9%
+39.9% vs TC avg
§102
9.4%
-30.6% vs TC avg
§112
7.9%
-32.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 461 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 without traverse of Invention I. claims 1-19, in the reply filed on 05/18/2026 is acknowledged. Claim 20 is withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention Group II, there being no allowable generic or linking claim. 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. Claims 1-5. 9, and 12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Peng et al. (US PG-Pub No.: 2022/0123023 A1, hereinafter, “Peng”). Regarding claim 1, Peng discloses a structure (see Peng, FIG. 6B) comprising: a transistor source/drain contact (623a/623b/623c) in a first orientation (up-down. FIG. 6B); a power rail (142, FIG. 6B) on the transistor source/drain contact (623a/623b/623c) in a second orientation (left-right, FIG. 6B), wherein the second orientation (left-right) is perpendicular to the first orientation (up-down); and a cut (654/658, FIG. 6B) passing through the power rail (142) and the transistor source/drain contact (623a/623b/623c) at a location of intersection of the power rail (142) and the transistor source/drain contact (623a/623b/623c). Regarding claim 2, Peng discloses the structure of claim 1, wherein the cut (658) passes through only a portion of a width of the power rail (142) such that the power rail is notched (FIG. 6B). Regarding claim 3, Peng discloses the structure of claim 1, wherein the cut (654) passes through an entire width of a portion of the transistor source/drain contact (654, FIG. 6B). Regarding claim 4, Peng discloses the structure of claim 1, wherein a length of the cut (658) along the first orientation (up-down) is less than a width of the power rail (142, FIG. 6B). Regarding claim 5, Peng discloses the structure of claim 2, wherein a distance across the cut (658) from an inside edge of the notch on the power rail (142) to the transistor source/drain contact (623a/623b/623c) is less than the width of the power rail (142, FIG. 6B). Regarding claim 9, Peng discloses the structure of claim 1, wherein the transistor source/drain contact (623a/623b/6233c) comprises a first transistor source/drain contact (623a) connected to the power rail (142) and a second transistor source/drain contact (623b, FIG. 6B). Regarding claim 12, Peng discloses the structure of claim 1, wherein the cut (658) passes through an entire width of a portion of the transistor source/drain contact (623a/623b/623c) and an entire width of a portion of the power rail (142. FIG. 6B). Allowable Subject Matter Claims 14-19 are allowed. Claims 6-8, 10-11, and 13 are objected to as being dependent upon a rejected base claim 1, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. The following is an examiner’s statement of reasons for allowance: The prior art of record neither anticipates nor renders obvious all the claimed subject of claim 6, in particular, the inside edge of the notch on the power rail is aligned with an end of the transistor source/drain contact. The prior art of record neither anticipates nor renders obvious all the claimed subject of claim 7, in particular, a width of the power rail is greater than a width of the transistor source/drain contact. The prior art of record neither anticipates nor renders obvious all the claimed subject of claim 8, in particular, a surface of the transistor source/drain contact is coplanar with a surface of the power rail. The prior art of record neither anticipates nor renders obvious all the claimed subject of claim 10, in particular, a distance between the first transistor source/drain contact and the second transistor source/drain contact is less than a width of the transistor source/drain contact. The prior art of record neither anticipates nor renders obvious all the claimed subject of claim 11, in particular, a surface of the power rail closest to the second transistor source/drain contact is closer to the second transistor source/drain contact than a surface of the first transistor source/drain contact closest to the second transistor source/drain contact. The prior art of record neither anticipates nor renders obvious all the claimed subject of claim 13, in particular, an interlayer dielectric material layer on a top surface of the transistor source/drain contact and a sidewall of the power rail. The prior art of record neither anticipates nor renders obvious all the claimed subject of base claim 14, in particular, the length of the power rail in a second direction, wherein the second direction is perpendicular to the first direction; the power rail contacts the first source/drain contact; and a notch is present within the power rail. Claims 15-19 depend upon claim 14. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to XIA L. CROSS whose telephone number is (571)270-3273. The examiner can normally be reached 9 am-5:30 pm. 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, N. Drew Richards can be reached at 571-272-1736. 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. /XIA L CROSS/Primary Examiner, Art Unit 2892
Read full office action

Prosecution Timeline

Mar 06, 2024
Application Filed
Jul 22, 2024
Response after Non-Final Action
Jul 01, 2026
Non-Final Rejection mailed — §102 (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
82%
Grant Probability
92%
With Interview (+9.5%)
2y 4m (~0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 461 resolved cases by this examiner. Grant probability derived from career allowance rate.

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