Prosecution Insights
Last updated: July 17, 2026
Application No. 18/679,667

FORKSHEET STRUCTURE WITH FLEXIBLE CELL HEIGHT AND FLEXIBLE CHANNEL CONFIGURATION

Non-Final OA §102§112
Filed
May 31, 2024
Examiner
MUSE, ISMAIL A
Art Unit
Tech Center
Assignee
International Business Machines Corporation
OA Round
1 (Non-Final)
87%
Grant Probability
Favorable
1-2
OA Rounds
2m
Est. Remaining
95%
With Interview

Examiner Intelligence

Grants 87% — above average
87%
Career Allowance Rate
553 granted / 638 resolved
+26.7% vs TC avg
Moderate +8% lift
Without
With
+8.0%
Interview Lift
resolved cases with interview
Typical timeline
2y 4m
Avg Prosecution
26 currently pending
Career history
663
Total Applications
across all art units

Statute-Specific Performance

§101
0.1%
-39.9% vs TC avg
§103
82.9%
+42.9% vs TC avg
§102
13.3%
-26.7% vs TC avg
§112
3.3%
-36.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 638 resolved cases

Office Action

§102 §112
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 . 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. Claim 6 is rejected 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 6 is rejected specifically in view of the limitation an interlayer dielectric (ILD) in direct contact to exposed sidewalls of the plurality of nanosheets, a frontside surface of the source/drain, and a sidewall of the plurality of nanosheets. As noted in the claim, the limitation “sidewall of the plurality of nanosheets.” A person having ordinary skills in the art will find the claim to be indefinite because unclear if the repetition is in error –meaning that the second recitation of sidewall of the plurality of nanosheets is intended to be another layer of the device, or it is not intended to be recited, or if it is the same layer but not clearly defined. For the purpose of examination of the present application, the claim cannot be effectively interpreted or understood for examination. 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 and 3-4 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Masuoka et al. [US PGPUB 20170345909] (hereinafter Masuoka). Regarding claim 1, Masuoka teaches a semiconductor device comprising: a substrate (101/102, Fig. 22C); a plurality of nanosheets (103-105, Para 110, wherein the structure is a nano-scale, Para 3) located parallel to the substrate (Fig. 22C); and a silicon backbone (116, Para 89) extending upwards from the substrate through the plurality of nanosheets (Fig. 22C), wherein the plurality of nanosheets extend laterally from lower sidewalls of the silicon backbone (Fig. 22C). Regarding claim 3, Masuoka teaches a semiconductor device wherein the substrate, the plurality of nanosheets, and the silicon backbone are joined in a forksheet structure (Fig. 22C). Regarding claim 4, Masuoka teaches a semiconductor device further comprising: a plurality of dielectric fins (109-111, Para 114, Fig. 22C) on upper sidewalls of the silicon backbone (Fig. 22C). 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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claims 1-5 and 7 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Mehta et al. [US Patent 12563810] (hereinafter Mehta). Regarding claim 1, Mehta teaches a semiconductor device comprising: a substrate (201, Col. 8, lines 20-21, Fig. 10A); a plurality of nanosheets (4 lower structures 902 (2 to the left and 2 to the right), Col.11, lines 5-6, Fig. 10A) located parallel to the substrate (Fig. 10A); and a silicon backbone (802, Col. 10, lines 44-45) extending upwards from the substrate through the plurality of nanosheets (Fig. 10A), wherein the plurality of nanosheets extend laterally from lower sidewalls of the silicon backbone (Fig. 10A). Regarding claim 2, Mehta teaches a semiconductor device comprising wherein the substrate, the plurality of nanosheets, and the silicon backbone are comprised of silicon (201, Col. 8, lines 20-21, 201, Col. 10, lines 66-67/Col. 11, lines 1-2 –where sacrificial layers 202 are selectively removed to leave behind nanoribbons 902, and Col. 10, lines 44-45). Regarding claim 3, Mehta teaches a semiconductor device comprising wherein the substrate, the plurality of nanosheets, and the silicon backbone are joined in a forksheet structure (Fig. 10A). Regarding claim 4, Mehta teaches a semiconductor device comprising further comprising: a plurality of dielectric fins (404, Col. 9, lines 42-43) on upper sidewalls of the silicon backbone (Fig. 10A). Regarding claim 5, Mehta teaches a semiconductor device comprising further comprising: a source/drain (802, Col. 10, lines 44-45 --wherein structure 802 is also the source/drain,) in direct contact with a frontside surface of the substrate (Fig. 10A). Regarding claim 7, Mehta teaches a semiconductor device comprising further comprising: a gate (1002/1004, Col. 11, lines 18-19) between the plurality of nanosheets (Fig. 10A) and in direct contact with a frontside surface and exposed sidewalls of the plurality of dielectric fins (Fig. 10A, frontside based on the opening in which material 1002/1004/1006 are formed compared to the side in contact with material 802/1008). Allowable Subject Matter Claims 8-20 are allowed. The following is a statement of reasons for the indication of allowable subject matter: Claims 1 and 3-4 are allowed because all prior arts of record and related prior arts not of record either singularly or in combination fail to anticipate or render obvious a semiconductor device comprising: a first dielectric pillar extending downwards through the silicon backbone and a portion of the substrate. (as claimed in claims 8 and 15), in combination with the rest of claim limitations as claimed and defined by the Applicant. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to ISMAIL A MUSE whose telephone number is (571)272-1470. The examiner can normally be reached Monday - Friday 8:00 AM-5:00 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, William Partridge can be reached at (571)270-1402. 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. /ISMAIL A MUSE/Primary Examiner, Art Unit 2812
Read full office action

Prosecution Timeline

May 31, 2024
Application Filed
Jun 10, 2026
Non-Final Rejection mailed — §102, §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
87%
Grant Probability
95%
With Interview (+8.0%)
2y 4m (~2m remaining)
Median Time to Grant
Low
PTA Risk
Based on 638 resolved cases by this examiner. Grant probability derived from career allowance rate.

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