Prosecution Insights
Last updated: August 17, 2026
Application No. 18/617,899

STACKED GATE-ALL-AROUND TRANSISTOR AND FORKSHEET TRANSISTOR

Non-Final OA §102
Filed
Mar 27, 2024
Examiner
LEE, KYOUNG
Art Unit
Tech Center
Assignee
International Business Machines Corporation
OA Round
1 (Non-Final)
93%
Grant Probability
Favorable
1-2
OA Rounds
0m
Est. Remaining
98%
With Interview

Examiner Intelligence

Grants 93% — above average
93%
Career Allowance Rate
925 granted / 993 resolved
+33.2% vs TC avg
Moderate +5% lift
Without
With
+5.1%
Interview Lift
resolved cases with interview
Fast prosecutor
1y 10m
Avg Prosecution
13 currently pending
Career history
1013
Total Applications
across all art units

Statute-Specific Performance

§101
2.9%
-37.1% vs TC avg
§103
35.1%
-4.9% vs TC avg
§102
41.0%
+1.0% vs TC avg
§112
11.2%
-28.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 993 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 . Information Disclosure Statement The information disclosure statement (IDS) submitted on 3/27/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. 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) 1-4, 6, 12-13 and 18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by (US Patent No. 11,239,232). [Re claim 1] Lilak discloses the semiconductor structure, wherein the semiconductor structure comprises: a set of stacked transistors, wherein the set of stacked transistors comprises: a first transistor (130), wherein the first transistor comprises a first gate having a gate-all-around (GAA) structure; a second transistor (110), wherein the second transistor has a gate structure different than a GAA structure; and a dielectric bar (151) (see figure 1 and column 5 line 47-58 and column 7 line 32 through column 8 line 67). [Re claim 2] Lilak discloses the semiconductor structure, wherein the second transistor (110) comprises a second gate having a tri-gate structure (see figure 1 and column 5 line 47-58 and column 8 lines 42-53). [Re claim 3] Lilak discloses the semiconductor structure wherein the first transistor (130) is in a top region of the set of stacked transistors and the second transistor (110) is in a bottom region of the set of stacked transistors (see figure 1). [Re claim 4] Lilak discloses the semiconductor structure, wherein the dielectric bar has a first width (W2) in the top region of the set of stacked transistors and a second width (W1), different from the first width, in the bottom region of the set of stacked transistors (see figure 1 and column 8 lines 54-67). [Re claim 6] Lilak discloses the semiconductor structure, wherein the dielectric bar comprises a first layer (451) and a second layer (452) (see figure 4 and column 13 line 35-57). [Re claim 12] Lilak discloses the system, wherein the system comprises: a semiconductor structure, wherein the semiconductor structure comprises: a set of stacked transistors, wherein the set of stacked transistors comprises: a first transistor (130), wherein the first transistor comprises a first one or more channels and a first gate having a gate-all-around (GAA) structure; a second transistor (110), wherein the second transistor comprises a second one or more channels and a second gate, the second transistor having a gate structure different than a GAA structure; and a dielectric bar (151) (see figure 1 and column 5 line 47-58 and column 7 line 32 through column 8 line 67). [Re claim 13] Lilak discloses the system wherein the second gate has a tri-gate structure (see figure 1 and column 5 line 47-58 and column 8 lines 42-53). [Re claim 18] Lilak discloses the system wherein the dielectric bar (151) has a first width (W2) in a top region of the set of stacked transistors and a second width (W1), different from the first width, in a bottom region of the set of stacked transistors(see figure 1 and column 8 lines 54-67). Allowable Subject Matter Claim 5, 7-11, 14-17 and 19 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. Claim 20 allowed. The following is an examiner's statement of reasons for allowance: Claim 20 allowable because of the prior art, either singly or in combination, fails to anticipate or render obvious, the method, wherein the second layer is directly contacting the set of stacked nanosheets; selectively recessing the second layer of the dielectric bar, resulting in a space between the top nanosheets and the dielectric bar; depositing a first gate; and depositing a second gate, wherein the second gate surrounds all sides of the top nanosheets, resulting in a gate-all-around (GAA) structure for the second gate. These features in combination with the other elements of the claim are neither disclosed nor suggested by the prior art of record. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to KYOUNG LEE whose telephone number is (571)272-1982. The examiner can normally be reached M to F, 10am to 6pm. 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, Eliseo Ramos-Feliciano can be reached at (571)272-7925. 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. /KYOUNG LEE/ Primary Examiner, Art Unit 2817
Read full office action

Prosecution Timeline

Mar 27, 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
93%
Grant Probability
98%
With Interview (+5.1%)
1y 10m (~0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 993 resolved cases by this examiner. Grant probability derived from career allowance rate.

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