Prosecution Insights
Last updated: August 17, 2026
Application No. 18/609,127

METAL-INSULATOR-METAL CAPACITOR STRUCTURE

Non-Final OA §102
Filed
Mar 19, 2024
Examiner
MOJADDEDI, OMAR F
Art Unit
Tech Center
Assignee
International Business Machines Corporation
OA Round
1 (Non-Final)
89%
Grant Probability
Favorable
1-2
OA Rounds
0m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 89% — above average
89%
Career Allowance Rate
472 granted / 528 resolved
+29.4% vs TC avg
Moderate +11% lift
Without
With
+10.7%
Interview Lift
resolved cases with interview
Typical timeline
2y 4m
Avg Prosecution
51 currently pending
Career history
567
Total Applications
across all art units

Statute-Specific Performance

§101
2.1%
-37.9% vs TC avg
§103
53.5%
+13.5% vs TC avg
§102
25.9%
-14.1% vs TC avg
§112
18.0%
-22.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 528 resolved cases

Office Action

§102
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 . DETAILED ACTION Election/Restrictions 1. Applicant's election, without traverse, of claims 1-10 in the “Response to Restriction Requirement” filed on 07/06/2026 is acknowledged and entered by the Examiner. This office action consider claims 1-20 pending for prosecution, wherein claims 11-20 are withdrawn from further consideration, and claims 1-10 are presented for examination. Claim Rejections - 35 USC § 102 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. Notes: when present, semicolon separated fields within the parenthesis (; ;) represent, for example, as (100; Fig 3A; [0063]) = (element 100; Figure No. 3A; Paragraph No. [0063]). For brevity, the texts “Element”, “Figure No.” and “Paragraph No.” shall be excluded, though; additional clarification notes may be added within each field. The number of fields may be fewer or more than three indicated above. These conventions are used throughout this document. 2. Claims 1-5 and 10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wang et al. (US 20150364538 A1; hereinafter Wang). Regarding claim 1, Wang teaches a metal-insulator-metal (MIM) capacitor (see the entire document, specifically Fig. 1A+; [0002+], and as cited below), comprising (see alternate rejection of claim 1 below): a first dielectric layer (112; Fig. 3H; [0040]) formed in a serpentine pattern on an underlying layer (100; Fig. 3H; [0038]); a first type metal layer (118; Fig. 3H; [0043]) formed on the first dielectric layer (112; Fig. 3H; [0040]); a second dielectric layer (120; Fig. 3H; [0043]) formed on the first type metal layer (118; Fig. 3H; [0043]); a second type metal layer (122; Fig. 3H; [0043]) formed on the second dielectric layer (120; Fig. 3H; [0043]); a first electrode (126; Fig. 3H; [0044]; 126 on the left side of Fig. 3H) electrically connected to the second type metal layer (122; Fig. 3H; [0044]); and a second electrode (126; Fig. 3H; [0044]; 126 on the right side of Fig. 3H) electrically connected to the first type metal layer (118; Fig. 3H; [0044]). Regarding claim 2, Wang teaches all of the features of claim 1. Wang further comprising an Mx layer (110; Fig. 3H; [0039, 0044]) formed between the underlying layer (100; Fig. 3H; [0038]) and the MIM capacitor ({118, 120, 122}; Fig 3H). Regarding claim 3, Wang teaches all of the features of claim 2. Wang further teaches wherein a bottom surface of the first electrode (126; Fig. 3H; [0044]; 126 on the left side of Fig. 3H) contacts the Mx layer (110; Fig. 3H; [0039, 0044]), and a bottom surface of the second electrode (126; Fig. 3H; [0044]; 126 on the right side of Fig. 3H) contacts the first type metal layer (118; Fig. 3H; [0044]). Regarding claim 4, Wang teaches all of the features of claim 1. Wang further teaches wherein the first type metal layer (118; Fig. 3H; [0043-0044]) is a different type relative to the second type metal layer (122; Fig. 3H; [0043-0044]). Regarding claim 5, Wang teaches all of the features of claim 1. Wang further comprising a pillar (104; Fig. 3H; [0038]) formed between the underlying layer (100; Fig. 3H; [0038]) and the first dielectric layer (112; Fig. 3H; [0040]), wherein the first dielectric layer (112; Fig. 3H; [0040]), the first type metal layer (118; Fig. 3H; [0043]), the second dielectric layer (120; Fig. 3H; [0043]) and the second type metal layer (122; Fig. 3H; [0043]) have the serpentine pattern resulting from being formed to surround the pillar (104; Fig. 3H; [0038]). Regarding claim 10, Wang teaches all of the features of claim 1. Wang further comprising a first inner spacer (128; Fig. 3H; [0044]; 128 on the left side of Fig. 3H) formed between the first electrode (126; Fig. 3H; [0044]; 126 on the left side of Fig. 3H) and the first type metal layer (118; Fig. 3H; [0043]), and a second inner spacer (128; Fig. 3H; [0044]; 128 on the right side of Fig. 3H)formed between the second electrode (126; Fig. 3H; [0044]; 126 on the right side of Fig. 3H) and the second type metal layer (122; Fig. 3H; [0043]). Claim Rejections - 35 USC § 102 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. Notes: when present, semicolon separated fields within the parenthesis (; ;) represent, for example, as (100; Fig 3A; [0063]) = (element 100; Figure No. 3A; Paragraph No. [0063]). For brevity, the texts “Element”, “Figure No.” and “Paragraph No.” shall be excluded, though; additional clarification notes may be added within each field. The number of fields may be fewer or more than three indicated above. These conventions are used throughout this document. 3. Claims 1 and 6-9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chou et al. (US 20230307492 A1; hereinafter Chou). Regarding claim 1, Chou teaches a metal-insulator-metal (MIM) capacitor (see the entire document, specifically Fig. 1A+; [0003+], and as cited below), comprising (see alternate rejection of claim 1 above): a first dielectric layer (114a; Fig. 37; see [0091, 0021]) formed in a serpentine pattern on an underlying layer (202; Fig. 37; [0023]); a first type metal layer (102b; Fig. 37; see [0091,0024]) formed on the first dielectric layer (114a; Fig. 37; see [0091, 0021]); a second dielectric layer (114b; Fig. 37; see [0091,0021]) formed on the first type metal layer (102b; Fig. 37; see [0091,0024]); a second type metal layer (102c; Fig. 37; see [0091,0024]) formed on the second dielectric layer (114b; Fig. 37; see [0091,0021]); a first electrode (106; Fig. 37; see [0096-0098, 0031-0032]) electrically connected to the second type metal layer (102c; Fig. 37; see [0091, 0024]); and a second electrode (108; Fig. 37; see [0096-0098, 0031-0032]) electrically connected to the first type metal layer (102b; Fig. 37; see [0091, 0024]). Regarding claim 6, Chou teaches all of the features of claim 1. Chou further comprising a plurality of the first type metal layers (102b, 102d; Fig. 37; see [0091, 0024]) alternating with a plurality of the second type metal layers (102c, 102e; Fig. 37; see [0091, 0024]), wherein the first dielectric layer (114a, 114c; Fig. 37; see [0091, 0021]) and second dielectric layer (114b, 114d; Fig. 37; see [0091, 0021]) are present between each of the respective first type metal layers (102b, 102d; Fig. 37; see [0091, 0024]) and second type metal layers (102c, 102e; Fig. 37; see [0091, 0024]). Regarding claim 7, Chou teaches all of the features of claim 6. Chou further teaches wherein the first electrode (106; Fig. 37; see [0096-0098, 0031-0032]) is connected to the plurality of second type metal layers (102c, 102e; Fig. 37; see [0091, 0024]), and the second electrode (108; Fig. 37; see [0096-0098, 0031-0032]) is connected to the plurality of first type metal layers (102b, 102d; Fig. 37; see [0091, 0024]). Regarding claim 8, Chou teaches all of the features of claim 6. Chou further comprising a plurality of the pillars (stacks of {205, 206, 205, 206} on the left and right side of Fig. 37), wherein the first type metal layers (102b, 102d; Fig. 37; see [0091, 0024]), the second type metal layers (102c, 102e; Fig. 37; see [0091, 0024]) and the dielectric layers (1141, 114b, 114c, 114d; Fig. 37; see [0091, 0021]) completely fill an area between adjacent ones of the pillars (stacks of {205, 206, 205, 206} on the left and right side of Fig. 37). Regarding claim 9, Chou teaches all of the features of claim 8. Chou further teaches wherein a topmost one (102e; Fig. 37; see [0091, 0024]) of the second type metal layers (102c, 102e; Fig. 37; see [0091, 0024]) has a planar upper surface (top surface of 102e; Fig. 37; see [0091, 0024]) with a non-serpentine pattern (vertical section of 102e; Fig. 37; see [0091, 0024]) in the filled area between the pillars (stacks of {205, 206, 205, 206} on the left and right side of Fig. 37). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to Omar Mojaddedi whose telephone number is 313-446-6582. The examiner can normally be reached on Monday – Friday, 8:00 a.m. to 4:00 p.m.. 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, Julio J. Maldonado, can be reached on 571-272-1864. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /OMAR F MOJADDEDI/Examiner, Art Unit 2898
Read full office action

Prosecution Timeline

Mar 19, 2024
Application Filed
Jul 27, 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
89%
Grant Probability
99%
With Interview (+10.7%)
2y 4m (~0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 528 resolved cases by this examiner. Grant probability derived from career allowance rate.

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