Prosecution Insights
Last updated: August 17, 2026
Application No. 18/771,873

METHOD OF FORMING HARD MASK STRUCTURE

Non-Final OA §102§103
Filed
Jul 12, 2024
Priority
Jun 05, 2024 — CIP of 18/734,683
Examiner
GOODWIN, DAVID J
Art Unit
Tech Center
Assignee
Tokyo Electron Limited
OA Round
1 (Non-Final)
67%
Grant Probability
Favorable
1-2
OA Rounds
1y 1m
Est. Remaining
84%
With Interview

Examiner Intelligence

Grants 67% — above average
67%
Career Allowance Rate
550 granted / 816 resolved
+7.4% vs TC avg
Strong +16% interview lift
Without
With
+16.5%
Interview Lift
resolved cases with interview
Typical timeline
3y 2m
Avg Prosecution
46 currently pending
Career history
890
Total Applications
across all art units

Statute-Specific Performance

§101
0.1%
-39.9% vs TC avg
§103
59.8%
+19.8% vs TC avg
§102
18.0%
-22.0% vs TC avg
§112
18.9%
-21.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 816 resolved cases

Office Action

§102 §103
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 . 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. Claim(s) 1 and 2 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Liu (US 2007/0298604). Regarding claim 1. Liu teaches: A method for forming a semiconductor device, the method comprising: forming a metal mask layer (fig 1a:108; [para 0031]) on a substrate (fig 1a:100; [para 0029]), wherein the metal mask layer (fig 1a:108; [para 0031]) contains tungsten ([para 0031]); and forming a patterned mask (fig 1a,1b:110,112; [para 0032]) directly on the metal mask layer (fig 1a:108; [para 0031]), wherein the forming of the patterned mask (fig 1a,1b:110,112; [para 0032]) includes: forming a barrier layer (fig 1a,1b:110; [para 0032]) directly on the metal mask layer (fig 1a:108; [para 0031]), wherein the barrier layer (fig 1a,1b:110; [para 0032]) contains nitrogen ([para 0032]), forming a dielectric layer (fig 1a,1b:not shown; [para 0032]) directly on the barrier layer (fig 1a,1b:110; [para 0032]), wherein the dielectric layer (fig 1a,1b:not shown; [para 0032]) contains oxygen ([para 0032]), and patterning and etching the dielectric layer (fig 1a,1b:not shown; [para 0032]) and the barrier layer (fig 1a,1b:110; [para 0032]) to form holes (fig 1b:116; [para 0036]) through the dielectric layer (fig 1a,1b:not shown; [para 0032]) and the barrier layer (fig 1a,1b:110; [para 0032]), such that the holes (fig 1b:116; [para 0036]) open to the metal mask layer (fig 1a,1c:108; [para 0031,0036]). Regarding claim 2. Liu teaches the method of claim 1, the barrier layer (fig 1a,1b:110; [para 0032]) comprises a silicon nitride layer ([para 0032]), and wherein the dielectric layer (fig 1a,1b:not shown; [para 0032]) comprises a silicon dioxide layer ([para 0032]). Claim Rejections - 35 USC § 103 The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action: A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made. Rejection Note: Italicized and struck through claim limitations indicate limitations that are not explicitly disclosed in the primary reference, but disclosed in the secondary reference(s) or through case law. Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Liu (US 2007/0298604) as applied to claim 1 and further in view of Oh (US 2010/0178771). Regarding claim 3. Liu teaches the method of claim 1, Liu teaches: the barrier layer (fig 1a,1b:110; [para 0032]) comprises a silicon oxynitride layer (fig 1a,1b:110; [para 0032]),the silicon oxynitride layer (fig 1a,1b:110; [para 0032]) and the metal mask layer (fig 1a:108; [para 0031]). Liu does not teach a silicon nitride barrier layer. Oh teaches: wherein the barrier layer (fig 1a:20; [para 0015]) comprises a silicon nitride layer (fig 1a:20b; [para 0015]) and a silicon oxynitride layer (fig 1a:20d; [para 0015]), and wherein the silicon nitride layer (fig 1a:20b; [para 0015]) is between the silicon oxynitride layer (fig 1a:20d; [para 0015]) and the mask layer (fig 1a:20a; [para 0015]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide a silicon nitride barrier and a silicon oxynitride barrier in order to reduce ashing damage and misalignment errors (paragraph 2) Claim(s) 4, 5, 6, and 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Liu (US 2007/0298604) as applied to claim 1 and further in view of Wu (US 2006/0006545). Regarding claim 4. Liu teaches the method of claim 1, Liu does not teach the metal mask comprises silicon. Wu teaches: the metal mask layer (fig 2c:208; [para 0043]) also contains silicon. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention for the metal mask layer to comprise silicon in order to reduce the generation of defects (paragraph 45) Regarding claim 5. Liu in view of Wu teaches the method of claim 4, Wu teaches: wherein the metal mask layer (fig 2c:208; [para 0043]) also contains nitrogen. Regarding claim 6. Liu in view of Wu teaches the method of claim 5, Wu teaches: the metal mask layer (fig 2c:208; [para 0043]) . Given the teaching of the references, it would have been obvious to determine the optimum composition of the tungsten silicon nitride mask layer involved. See In re Aller, Lacey and Hall (10 USPQ 233-237) It is not inventive to discover optimum or workable ranges by routine experimentation. Note that the specification contains no disclosure of either the critical nature of the claimed ranges or any unexpected results arising therefrom. Where patentability is said to be based upon particular chosen dimensions or upon another variable recited in a claim, the Applicant must show that the chosen dimensions are critical. In re Woodruff, 919 f.2d 1575,1578, 16 USPQ2d 1934, 1936 (Fed. Cir. 1990). Regarding claim 7. Liu in view of Wu teaches the method of claim 5, Wu teaches: the metal mask layer (fig 2c:208; [para 0043]) Given the teaching of the references, it would have been obvious to determine the optimum composition of the tungsten silicon nitride mask layer involved. See In re Aller, Lacey and Hall (10 USPQ 233-237) It is not inventive to discover optimum or workable ranges by routine experimentation. Note that the specification contains no disclosure of either the critical nature of the claimed ranges or any unexpected results arising therefrom. Where patentability is said to be based upon particular chosen dimensions or upon another variable recited in a claim, the Applicant must show that the chosen dimensions are critical. In re Woodruff, 919 f.2d 1575,1578, 16 USPQ2d 1934, 1936 (Fed. Cir. 1990). Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Liu (US 2007/0298604) as applied to claim 1 and further in view of Huang (US 6150073) Regarding claim 8 Liu teaches the method of claim 1. Liu does not teach physical vapor deposition. Huang teaches: wherein the forming of the metal mask layer includes physical vapor deposition (column 3 lines 12-17). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use physical vapor deposition to form the mask layer in order to better control the composition of the layer, maintain high purity, and to reduce deposition temperatures Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Liu (US 2007/0298604) as applied to claim 1 and further in view of Freyman (US 6537867) Regarding claim 9 Liu teaches the method of claim 1, Liu teaches: the substrate (fig 1a:100; [para 0029]) comprises a substrate barrier layer (fig 1a:104; [para 0030]) as a top-most layer of the substrate (fig 1a:100; [para 0029]), wherein the forming of the metal mask layer (fig 1a:108; [para 0030]) is directly on the substrate barrier layer (fig 1a:104; [para 0030]), . Liu does not teach the substrate barrier layer comprises nitrogen. Freyman teaches the substrate barrier layer (fig 1a:104; [column 4 lines 1-5]) contains nitrogen ([column 4 line 4]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use a nitrogen containing barrier in order to improve etch selectivity. Claim(s) 10 and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Liu (US 2007/0298604) in view of Freyman (US 6537867) Regarding claim 10. Liu teaches: A method for forming a semiconductor device, the method comprising: providing a substrate (fig 1a:100; [para 0029]) having a first barrier layer (fig 1a:104; [para 0030]) as a top-most layer of the substrate (fig 1a:100; [para 0029]), ; forming a metal mask layer (fig 1a:108; [para 0031]) directly on the first barrier layer (fig 1a:104; [para 0030]), wherein the metal mask layer (fig 1a:108; [para 0031]) contains tungsten ([para 0031]) and wherein the metal mask layer (fig 1a:108; [para 0031]) contains silicon, nitrogen ([para 0031]), or a combination of silicon and nitrogen; and forming a patterned mask (fig 1a,1b:110,112; [para 0032]) directly on the metal mask layer (fig 1a:108; [para 0031]), wherein the forming of the patterned mask (fig 1a,1b:110,112; [para 0032]) includes: forming a second barrier layer (fig 1a,1b:110; [para 0032]) directly on the metal mask layer (fig 1a:108; [para 0031]), wherein the second barrier layer (fig 1a,1b:110; [para 0032]) contains nitrogen ([para 0032]), forming a first dielectric layer (fig 1a,1b:not shown; [para 0032]) directly on the second barrier layer (fig 1a,1b:110; [para 0032]), wherein the first dielectric layer (fig 1a,1b:not shown; [para 0032]) contains oxygen ([para 0032]), and patterning and etching the first dielectric layer (fig 1a,1b:not shown; [para 0032]) and the second barrier layer (fig 1a,1b:110; [para 0032]) to form holes (fig 1b:116; [para 0036]) through the first dielectric layer (fig 1a,1b:not shown; [para 0032]) and the second barrier layer (fig 1a,1b:110; [para 0032]), such that the holes (fig 1b,1c:116; [para 0036]) open to the metal mask layer (fig 1a,1c:108; [para 0031,0036]). Liu does not teach the substrate barrier layer comprises nitrogen. Freyman teaches the first barrier layer (fig 1a:104; [column 4 lines 1-5]) contains nitrogen ([column 4 line 4]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use a nitrogen containing barrier in order to improve etch selectivity. Regarding claim 16 Liu in view of Freyman teaches the method of claim 10, Freyman teaches the first barrier layer comprises (fig 1a:104; [column 4 lines 1-5]) a silicon oxynitride layer ([column 4 line 4]). Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Liu (US 2007/0298604) in view of Freyman (US 6537867) as applied to claim 10 and further in view of Yang (US 6737359) Regarding claim 11. Liu in view of Freyman teaches the method of claim 10, Liu teaches: etching in the holes to increase hole depths of the holes (fig 1a,1b:116; [para 0036]) into the metal mask layer (fig 1a,1b:108; [para 0036]) such that the holes (fig 1a,1b:116; [para 0036]) extend through the metal mask layer (fig 1a,1b:108; [para 0036]) and open to the first barrier layer (fig 1b,1c:104; [para 0036]); and etching the first barrier layer (fig 1b,1c:104; [para 0036]) via the holes (fig 1b,1c:116; [para 0036]) to extend the holes . Liu in view of Freyman does not teach etching holes into the substrate. Yang teaches etching in the holes to increase hole depths of the holes (fig 1,2:35; [column 3 lines 5-15]) such that the holes extend through the mask layer (fig 1,2:14,16; [column 3 lines 5-15]) and open to the first barrier layer (fig 1,2:12; [column 3 lines 5-15]); and etching the first barrier layer (fig 1,2:12; [column 3 lines 5-15]) and the substrate (fig 1,2:10; [column 3 lines 5-15]) via the holes to extend the holes into the substrate (fig 1,2:10; [column 3 lines 5-15]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to etch holes into the substrate in order to form trench isolation features. Claim(s) 12, 13, 14, and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Liu (US 2007/0298604) in view of Freyman (US 6537867) in view of Yang (US 6737359) as applied to claim 11 and further in view of Oh (US 2010/0178771). Regarding claim 12 Liu in view of Freyman in view of Yang teaches the method of claim 11, Liu in view of Freyman in view of Yang does not teach removing the first dielectric layer and the second barrier layer. Oh teaches: removing the first dielectric layer (fig 1b,1I:20d; [para 0015,0019]) and the second barrier layer (fig 1b,1I:20B; [para 0015,0019]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to remove the first dielectric layer and the second barrier layer in order to level and clean the surface of the structure. Regarding claim 13. Liu in view of Freyman in view of Yang in view of Oh teaches the method of claim 10. Liu teaches: the second barrier layer comprises a silicon oxynitride layer (fig 1a,1b:110; [para 0032]), and the silicon oxynitride layer (fig 1a,1b:110; [para 0032]) and the metal mask layer (fig 1a,1b:108; [para 0036]). Oh teaches: wherein the second barrier layer (fig 1a:20; [para 0015]) comprises a silicon nitride layer (fig 1a:20b; [para 0015]) and a silicon oxynitride layer (fig 1a:20d; [para 0015]), and wherein the silicon nitride layer (fig 1a:20b; [para 0015]) is between the silicon oxynitride layer (fig 1a:20d; [para 0015]) and the mask layer (fig 1a:20a; [para 0015]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide a silicon nitride barrier and a silicon oxynitride barrier in order to reduce ashing damage and misalignment errors (paragraph 2) Regarding claim 14. Liu in view of Freyman in view of Yang in view of Oh teaches the method of claim 10, Liu teaches: wherein the first barrier layer (fig 1a:104; [para 0031]) , wherein the second barrier layer (fig 1a,1b:110; [para 0032]) , and wherein the first dielectric layer comprises a first silicon dioxide layer (fig 1a,1b:not shown; [para 0032]). Freyman teaches: the first barrier layer (fig 1a:104; [column 4 lines 1-5]) comprises a first silicon nitride layer (fig 1a:104; [column 4 lines 1-5]) Oh teaches: The second barrier layer (fig 1a:20b; [para 0015]) comprises a silicon nitride layer (fig 1a:20b; [para 0015]) It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide a silicon nitride barrier in order to reduce ashing damage and misalignment errors (paragraph 0002) Regarding claim 15. Liu in view of Freyman in view of Yang in view of Oh teaches the method of claim 14, Liu teaches: the second barrier layer (fig 1a,1b:110; [para 0032]) further comprises a first silicon oxynitride layer ([para 0032]), wherein the s the first silicon oxynitride layer (fig 1a,1b:110; [para 0032]) and the metal mask layer (fig 1a,1b:108; [para 0031]). Oh teaches: the second barrier layer (fig 1a:20; [para 0015]) further comprises a first silicon oxynitride layer (fig 1a:20d; [para 0015]), wherein the second silicon nitride layer (fig 1a:20b; [para 0015]) is between the first silicon oxynitride layer (fig 1a:20d; [para 0015]) and the mask layer (fig 1a:20a; [para 0015]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide a silicon nitride barrier and a silicon oxynitride barrier in order to reduce ashing damage and misalignment errors (paragraph 2) Claim(s) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Liu (US 2007/0298604) in view of Freyman (US 6537867) in view of Oh (US 2010/0178771) Regarding claim 17. Liu teaches: A method for forming a semiconductor device, the method comprising: providing a substrate (fig 1a:100; [para 0029]) having a first barrier layer (fig 1a:104; [para 0030]) as a top-most layer of the substrate (fig 1a:100; [para 0029]), ; forming a metal mask layer (fig 1a:108; [para 0031]) directly on the first barrier layer (fig 1a:104; [para 0030]), wherein the metal mask layer (fig 1a:108; [para 0031]) contains tungsten ([para 0031]); and forming a patterned mask (fig 1a,1b:110,112; [para 0032]) directly on the metal mask layer (fig 1a:108; [para 0031]), wherein the forming of the patterned mask includes: , , forming a third barrier layer (fig 1a,1b:110; [para 0032]) , wherein the third barrier (fig 1a,1b:110; [para 0032]) layer includes silicon oxynitride ([para 0032]), forming a first dielectric layer (fig 1a,1b:not shown; [para 0032]) directly on the third barrier layer (fig 1a,1b:110; [para 0032]), wherein the first dielectric layer (fig 1a,1b:not shown; [para 0032]) includes silicon dioxide ([para 0032]), and patterning and etching the first dielectric layer (fig 1a,1b,1c:not shown; [para 0032]), the third barrier layer (fig 1a,1b:110; [para 0032]), to form holes (fig 1b:116; [para 0036]) through the first dielectric layer (fig 1a,1b:not shown; [para 0032]), the third barrier layer (fig 1a,1b:110; [para 0032]), , such that the holes (fig 1b1,1c:116; [para 0036]) open to the metal mask layer (fig 1a:108; [para 0031]) Liu does not teach the substrate barrier layer comprises nitrogen. Freyman teaches the first barrier layer (fig 1a:104; [column 4 lines 1-5]) contains silicon nitride ([column 4 line 4]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use a silicon nitride barrier in order to improve etch selectivity. Liu does not teach a second barrier layer comprising silicon nitride. Oh teaches: forming a second barrier (fig 1a:20b; [para 0015]), wherein the second barrier layer (fig 1a:20b; [para 0015]) includes silicon nitride ([para 0015]), forming a third barrier layer (fig 1a:20d; [para 0015]) directly on the second barrier layer (fig 1a:20b; [para 0015]), wherein the third barrier layer (fig 1a:20d; [para 0015]) includes silicon oxynitride ([para 0015]), forming a first dielectric layer (fig 1a:20e; [para 0015]) directly on the third barrier layer (fig 1a:20d; [para 0015]), wherein the first dielectric layer (fig 1a:20e; [para 0015]) includes silicon dioxide ([para 0015]), and patterning and etching the first dielectric layer (fig 1a:20e; [para 0015]), the third barrier layer (fig 1a:20d; [para 0015]), and the second barrier layer (fig 1a:20b; [para 0015]) to form holes (fig 1a:26; [para 0016]) through the first dielectric layer (fig 1a:20e; [para 0015]), the third barrier layer (fig 1a:20d; [para 0015]), and the second barrier layer (fig 1a:20b; [para 0015]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide a silicon nitride barrier and a silicon oxynitride barrier in order to reduce ashing damage and misalignment errors (paragraph 0002) Claim(s) 18 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Liu (US 2007/0298604) in view of Freyman (US 6537867) in view of Oh (US 2010/0178771) as applied to claim 17 and further in view of Wu (US 2006/0006545). Regarding claim 18. Liu in view of Freyman in view of Oh teaches the method of claim 17, Liu in view of Freyman in view of Oh does not teach the metal mask comprises silicon. Wu teaches: the metal mask layer (fig 2c:208; [para 0043]) also contains silicon. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention for the metal mask layer to comprise silicon in order to reduce the generation of defects (paragraph 45) Regarding claim 19. Liu in view of Freyman in view of Oh in view of Wu teaches the method of claim 18, Wu teaches: wherein the metal mask layer (fig 2c:208; [para 0043]) also contains nitrogen. Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Liu (US 2007/0298604) in view of Freyman (US 6537867) in view of Oh (US 2010/0178771) as applied to claim 17 and further in view of Yang (US 6737359) Regarding claim 20. Liu in view of Freyman in view of Oh teaches the method of claim 17, Liu teaches: etching in the holes (fig 1b:116; [para 0036]) to increase hole depths of the holes (fig 1b,1c:116; [para 0036]) into the metal mask layer (fig 1a:108; [para 0031]) such that the holes (fig 1b,1c:116; [para 0036]) extend through the metal mask layer (fig 1a:108; [para 0031]) and open to the first barrier layer (fig 1a:104; [para 0030]); and etching the first barrier layer (fig 1a:104; [para 0030]) . Liu in view of Freyman in view of Oh does not teach etching holes into the substrate. Yang teaches etching in the holes to increase hole depths of the holes (fig 1,2:35; [column 3 lines 5-15]) such that the holes extend through the mask layer (fig 1,2:14,16; [column 3 lines 5-15]) and open to the first barrier layer (fig 1,2:12; [column 3 lines 5-15]); and etching the first barrier layer (fig 1,2:12; [column 3 lines 5-15]) and the substrate (fig 1,2:10; [column 3 lines 5-15]) via the holes to extend the holes into the substrate (fig 1,2:10; [column 3 lines 5-15]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to etch holes into the substrate in order to form trench isolation features. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID J GOODWIN whose telephone number is (571)272-8451. The examiner can normally be reached Monday - Friday, 11:00 - 19:00. 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, Kretelia Graham can be reached at (571)272-5055. 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. /D.J.G/Examiner, Art Unit 2817 /NICHOLAS J TOBERGTE/Primary Examiner, Art Unit 2817
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Prosecution Timeline

Jul 12, 2024
Application Filed
Aug 05, 2026
Non-Final Rejection mailed — §102, §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
67%
Grant Probability
84%
With Interview (+16.5%)
3y 2m (~1y 1m remaining)
Median Time to Grant
Low
PTA Risk
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