Prosecution Insights
Last updated: August 17, 2026
Application No. 18/619,879

ISOLATING BACKSIDE CONTACTS

Non-Final OA §102
Filed
Mar 28, 2024
Examiner
SUN, YU-HSI DAVID
Art Unit
Tech Center
Assignee
International Business Machines Corporation
OA Round
1 (Non-Final)
77%
Grant Probability
Favorable
1-2
OA Rounds
3m
Est. Remaining
86%
With Interview

Examiner Intelligence

Grants 77% — above average
77%
Career Allowance Rate
673 granted / 871 resolved
+17.3% vs TC avg
Moderate +8% lift
Without
With
+8.5%
Interview Lift
resolved cases with interview
Typical timeline
2y 8m
Avg Prosecution
31 currently pending
Career history
892
Total Applications
across all art units

Statute-Specific Performance

§101
3.6%
-36.4% vs TC avg
§103
45.9%
+5.9% vs TC avg
§102
22.3%
-17.7% vs TC avg
§112
20.3%
-19.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 871 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 in the reply filed on 7/1/2026 is acknowledged. Claims 19-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 7/1/2026. 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. Claims 1-5 and 11-14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Xie et al. (US PG Pub 2023/0178433, hereinafter Xie). Regarding claim 1, figure 16 of Xie discloses a semiconductor integrated circuit (IC) device comprising: a first transistor comprising a first source/drain (S/D) region (50, second from the left) and a second transistor comprising a second S/D region (50, third from the left); a first backside contact (56) directly coupled to a bottom surface of the first S/D region; a second backside contact (56) directly coupled to a bottom surface of the second S/D region; and a sidewall spacer (54) directly coupled to a sidewall of the first backside contact and directly coupled to a sidewall of the second backside contact. Regarding claim 2, figure 16 of Xie discloses the first S/D region and the second S/D region are oppositely doped (¶ 42 discloses CMOS cells which comprise n-type and p-type transistors). Regarding claim 3, figure 16 of Xie discloses a top surface of the first backside contact (56) is above a top surface of the second backside contact (when device is tilted at an angle). Regarding claim 4, figure 16 of Xie discloses the top surface of the first backside contact (56) is inset within the first S/D region (50). Regarding claim 5, figure 16 of Xie discloses a bottom surface of the second S/D region (50) is below a bottom surface of the first S/D region (when device is tilted at an angle). Regarding claim 11, figure 16 of Xie discloses a semiconductor integrated circuit (IC) device comprising: a first transistor cell comprising a first pair of n-type transistors; a second transistor cell comprising a second pair of p-type transistors (¶ 42 discloses CMOS cells which comprise n-type and p-type transistors); a first backside contact (56) directly coupled to a n-type source/drain (S/D) region of the first transistor cell; a second backside contact (56) directly coupled to a p-type S/D region of the second transistor cell; and a sidewall spacer (54) directly coupled to a sidewall of the first backside contact and directly coupled to a sidewall of the second backside contact. Regarding claim 12, figure 16 of Xie discloses a top surface of the first backside contact (56) is above a top surface of the second backside contact (when device is tilted at an angle). Regarding claim 13, figure 16 of Xie discloses the top surface of the first backside contact (56) is inset within the first S/D region (50). Regarding claim 14, figure 16 of Xie discloses a bottom surface of the second S/D region (50) is below a bottom surface of the first S/D region (when device is tilted at an angle). Allowable Subject Matter Claims 6-10 and 15-18 are 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. Regarding claims 6 and 15, the closest prior art of record, Xie et al. (US PG Pub 2023/0178433), either singularly or in combination, does not disclose or suggest the combination of limitations including “the first backside contact comprises a crescendoing sidewall from vertical toward a bottom surface of the first backside contact and a decrescendoing sidewall from vertical toward a bottom surface of the first backside contact”. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to YU-HSI DAVID SUN whose telephone number is (571)270-5773. The examiner can normally be reached Mon-Fri 8am-4pm ET. 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, Marlon Fletcher can be reached at 571-272-2063. 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. /YU-HSI D SUN/Primary Examiner, Art Unit 2817
Read full office action

Prosecution Timeline

Mar 28, 2024
Application Filed
Jul 15, 2026
Non-Final Rejection mailed — §102 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

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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
77%
Grant Probability
86%
With Interview (+8.5%)
2y 8m (~3m remaining)
Median Time to Grant
Low
PTA Risk
Based on 871 resolved cases by this examiner. Grant probability derived from career allowance rate.

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