Prosecution Insights
Last updated: April 19, 2026
Application No. 17/828,170

THREE-DIMENSIONAL SEMICONDUCTOR MEMORY DEVICES, ELECTRONIC SYSTEMS INCLUDING THE SAME, AND METHODS OF FABRICATING THE DEVICES

Non-Final OA §103
Filed
May 31, 2022
Examiner
SWANSON, WALTER H
Art Unit
2815
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Samsung Electronics Co., Ltd.
OA Round
1 (Non-Final)
75%
Grant Probability
Favorable
1-2
OA Rounds
2y 5m
To Grant
85%
With Interview

Examiner Intelligence

Grants 75% — above average
75%
Career Allow Rate
608 granted / 815 resolved
+6.6% vs TC avg
Moderate +10% lift
Without
With
+10.2%
Interview Lift
resolved cases with interview
Typical timeline
2y 5m
Avg Prosecution
32 currently pending
Career history
847
Total Applications
across all art units

Statute-Specific Performance

§101
0.3%
-39.7% vs TC avg
§103
48.5%
+8.5% vs TC avg
§102
23.5%
-16.5% vs TC avg
§112
21.5%
-18.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 815 resolved cases

Office Action

§103
DETAILED ACTION 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 . Priority Acknowledgment is made of applicants' claim for foreign priority based on an application filed in KOREA on 14 SEP 2021. It is noted that applicants have filed a certified copy of said application as required by U.S.C 119, which papers have been placed of record in the file. See 29 JUN 2022 submission. Information Disclosure Statement The information disclosure statements (IDSs) submitted on 31 MAY 2022 and 4 FEB 2026 were filed before the mailing of a first Office action on the merits. The submissions follow provisions of 37 CFR 1.97. Accordingly, the IDSs are being considered by the examiner. Claim Objections The following claim language lacks sufficient antecedent basis (MPEP § 2173.05(e)) or includes a typographical error. Typographical errors: claim 6, line 3, replace “first” with “second” (see base claim 1, lines 4 and 8-9); and claim 14, line 3, replace “first” with “second” (see base claim 9, lines 4 and 8-9). Appropriate correction is required. 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. The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103(a) are summarized as follows (Graham Factors): 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. Claims 1-15 and 31-35 are rejected under 35 U.S.C. 103 as obvious over Jeon et al. (KR 20210025032; below, “Jeon” – 31 MAY 2022 IDS noted prior art reference) with evidence from and/or in view of CHOI (KR 20210052928; below, “CHOI” – 4 FEB 2026 IDS noted prior art reference). At least “combining prior art elements”, “simple substitution”, “obvious to try”, and “applying a known technique to a known method” rationales support a conclusion of obviousness. MPEP § 2143(A)-(G). RE 1, Jeon, in FIGS. 1-16 and related text, e.g., Abstract, paragraphs [0001] to [0125], discloses a method of fabricating a three-dimensional semiconductor memory device, the method comprising: PNG media_image1.png 626 696 media_image1.png Greyscale forming a peripheral circuit structure (PS) on a first surface of a first substrate (20); forming a cell array structure (CS) on a first surface of a second substrate (10); and attaching the cell array structure (CS) to the peripheral circuit structure (PS) such that the first surface of the first substrate (20) and the first surface of the second substrate (10) face each other, wherein the forming of the cell array structure (CS) comprises: forming a back-side via (LP1) and a preliminary contact pad (LP2) on the first surface of the second substrate (10); (see CHOI for: forming a semiconductor layer contacting top surfaces of the back-side via (LP1) and the preliminary contact pad (LP2); forming a hole (hole for PPLG) extending through the semiconductor layer (see CHOI) and exposing the preliminary contact pad (LP2) and removing an upper portion of the preliminary contact pad (LP2), thereby forming a contact pad separated from the semiconductor layer (see CHOI); forming a stack (ST) on the semiconductor layer (see CHOI); forming a first insulating layer (110) on the stack (ST); and forming a contact plug (PPLG) extending through the first insulating layer (110) and being connected to the contact pad (LP2). Jeon is silent regarding forming a semiconductor layer contacting top surfaces of the back-side via (LP1) and the contact pad (LP2); forming a hole extending through the semiconductor layer and exposing the preliminary contact pad (LP2) and removing an upper portion of the preliminary contact pad, thereby forming a contact pad separated from the semiconductor layer. PNG media_image2.png 626 752 media_image2.png Greyscale CHOI, in FIGS. 3a to 13i and related text, Abstract, paragraphs [0001] to [0246], teaches forming a semiconductor layer (31A, 20C) contacting top surfaces of a back-side via (11A) and a contact pad (11C); forming a hole (e.g., OP1) extending through the semiconductor layer (31A, 20C) and exposing the preliminary contact pad (11C in lieu of LP2) and removing an upper portion of the preliminary contact pad (11C), thereby forming a contact pad separated from the semiconductor layer (20C). Jeon and CHOI are analogous art from the same field of endeavor as the claimed invention. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the instant application to modify Jeon as taught by CHOI because: 1. signal integrity/power delivery is enhanced by reducing resistance at contact interface; 2. better thermal management is achieved due to conductive layer; and 3. all the claimed elements were known in the prior art and one skilled in the art could have combined the elements as claimed by known methods with no change in their respective functions, and the combination would have yielded predictable results to one of ordinary skill in the art at the time of the invention. KSR International Co. v. Teleflex Inc. (KSR), 550 U.S. 398 (2007). RE 2, modified Jeon discloses the method of claim 1, wherein the forming of the back-side via (LP1) and the preliminary contact pad (LP2) comprises: forming a second insulating layer (110) on the second substrate (10): forming a first hole (T1) and a second hole (T2) extending through the second insulating layer (110); and forming the back-side via (LP1) in the first hole (T1) and forming the preliminary contact pad (LP2) in the second hole (T2) by forming a conductive material in the first hole (T1) and the second hole (T2). RE 3, modified Jeon discloses the method of claim 2, wherein the semiconductor layer (CHOI’s 31A, 20C) is formed of the conductive material (material not particularly limited). RE 4, modified Jeon is silent regarding the method of claim 3, wherein the conductive material comprises poly silicon. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the instant application to use poly silicon; since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416 (CCPA 1960). RE 5, modified Jeon discloses the method of claim 2, wherein the conductive material comprises tungsten, titanium, and/or tantalum (e.g., [0055]-[0058]), and the semiconductor layer (31A, 20C) comprises poly silicon (material not particularly limited). RE 6, modified Jeon discloses the method of claim 1, after the attaching the cell array structure (CS) to the peripheral circuit structure (PS), further comprising: removing the first ([sic], “second”?) substrate (10) to expose the back-side via (LP1) and the contact pad (LP2); forming a third insulating layer (50) on the back-side via (LP1) and the contact pad (LP2); and forming a via (narrow part of LP2) extending through the third insulating layer (50) and being connected to the contact plug (PPLG). RE 7, modified Jeon discloses the method of claim 6, further comprising forming a back-side conductive pattern (PAD) on the via (narrow part of LP2). RE 8, modified Jeon discloses the method of claim 6, wherein the via (narrow part of LP2) extends into the contact pad (LP2). RE 9, Jeon, in FIGS. 1-16 and related text, e.g., Abstract, paragraphs [0001] to [0125], discloses a method of fabricating a three-dimensional semiconductor memory device, the method comprising: forming a peripheral circuit structure (PS) on a first surface of a first substrate (20); forming a cell array structure (CS) on a first surface of a second substrate (10); and attaching the cell array structure (CS) to the peripheral circuit structure (PS) such that the first surface of the first substrate (20) and the first surface of the second substrate (10) face each other, wherein the forming of the cell array structure (CS) comprises: forming a back-side via (LP1) and a contact pad (LP2) on the first surface of the second substrate (10); (see CHOI for: forming a semiconductor layer on the back-side via (LP1) and the contact pad (LP2); forming a stack (ST) on the semiconductor layer (see CHOI); forming a first insulating layer (120) on the stack (ST); and forming a contact plug (PPLG) extending through the first insulating layer (120) and being connected to the contact pad (LP2), wherein the forming of the back-side via (LP1) and the contact pad (LP2) comprises: forming a second insulating layer (110) on the second substrate (10); forming a first hole (T1+VH1) and a second hole (T2+VH2) extending through the second insulating layer (110); and forming a conductive material in the first hole (T1+VH1) and the second hole (T2+VH2). Jeon is silent regarding forming a semiconductor layer on the back-side via (LP1) and the contact pad (LP2). CHOI, in FIGS. 3a to 13i and related text, Abstract, paragraphs [0001] to [0246], teaches forming a semiconductor layer (31A, 20C) on a back-side via (11A) and a contact pad (11C). Jeon and CHOI are analogous art from the same field of endeavor as the claimed invention. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the instant application to modify Jeon as taught by CHOI because: 1. signal integrity/power delivery is enhanced by reducing resistance at contact interface; 2. better thermal management is achieved due to conductive layer; and 3. all the claimed elements were known … and one … could have combined the elements …, and the combination would have yielded predictable results …. KSR, 550 U.S. 398 (2007). RE 10, modified Jeon discloses the method of claim 9, wherein the forming of the cell array structure (CS) further comprises forming a third hole (e.g., OP1) extending through the semiconductor layer (CHOI’s 20C) and exposing the contact pad (CHOI’s 11C), and during the forming of the third hole (OP1), an upper portion of the contact pad (CHOI’s 11C) is removed such that the contact pad (11C) is spaced apart from the semiconductor layer (20C). RE 11, modified Jeon discloses the method of claim 9, wherein the semiconductor layer (31A, 20C) is formed of the conductive material (materials not particularly limited). RE 12, modified Jeon is silent regarding the method of claim 9, wherein the conductive material comprises poly silicon. It would have been obvious … to use poly silicon; since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416 (CCPA 1960). RE 13, modified Jeon discloses the method of claim 9, wherein the conductive material comprises tungsten, titanium, and/or tantalum (e.g., [0055]-[0058]), and the semiconductor layer (31A, 20C) comprises poly silicon (material not particularly limited). RE 14, modified Jeon discloses the method of claim 9, after the attaching of the cell array structure (CS) to the peripheral circuit structure (PS), further comprising: removing the first ([sic], “second”?) substrate (10) to expose the back-side via (LP1) and the contact pad (LP2); forming a third insulating layer (50) on the back-side via (LP1) and the contact pad (LP2); and forming a via (narrow part of LP2) extending through the third insulating layer (50) and being connected to the contact plug (PPLG). RE 15, modified Jeon discloses the method of claim 14, further comprising forming a back-side conductive pattern (e.g., PAD) on the via (narrow part of LP2). RE 31, Jeon, in FIGS. 1-16 and related text, e.g., Abstract, paragraphs [0001] to [0125], discloses a method of fabricating a semiconductor device, the method comprising: forming a cell array structure (CS) on a substrate (10); and attaching the cell array structure (CS) to a peripheral circuit structure (PS), wherein the cell array structure (CS) is between the substrate (10) and the peripheral circuit structure (PS) after the attaching, wherein forming the cell array structure (CS) comprises: PNG media_image3.png 628 174 media_image3.png Greyscale forming a first insulating layer (110) comprising a first hole (T1+VH1) and a second hole (T2+VH2) on the substrate (10), the first and second holes extending through the first insulating layer (110) and exposing the substrate (10); forming a back-side via (LP1) in the first hole (T1+VH1) and a preliminary contact pad (LP2) in the second hole (T2+VH2) by forming portions of a conductive layer respectively in the first and second holes; (see CHOI for: forming a semiconductor layer (31A, 20C) extending on the first insulating layer (110) and contacting the back-side via (LP1) and the preliminary contact pad (LP2); forming a third hole extending through the semiconductor layer (see CHOI) and exposing the preliminary contact pad (LP2); forming a contact pad (LP2) by removing a portion of the preliminary contact pad (LP2) through the third hole; forming a stack (ST) on the semiconductor layer (see CHOI); forming a second insulating layer (120) on the stack (ST); and forming a contact plug (PPLG) extending through the second insulating layer (120) and contacting the contact pad (LP2). Jeon is silent regarding forming a semiconductor layer on the back-side via (LP1) and the contact pad (LP2). CHOI, in FIGS. 3a to 13i and related text, Abstract, paragraphs [0001] to [0246], teaches forming a semiconductor layer (31A, 20C) on a back-side via (11A) and a contact pad (11C). Jeon and CHOI are analogous art from the same field of endeavor as the claimed invention. It would have been obvious … to modify Jeon as taught by CHOI because: 1. signal integrity/power delivery is enhanced by reducing resistance at contact interface; 2. better thermal management is achieved due to conductive layer; and 3. all the claimed elements were known … and one … could have combined the elements …, and the combination would have yielded predictable results …. KSR, 550 U.S. 398 (2007). RE 32, modified Jeon is silent regarding the method of claim 31, wherein the conductive layer comprises poly silicon. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the instant application to use poly silicon; since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416 (CCPA 1960). RE 33, modified Jeon discloses the method of claim 31, wherein the back-side via (LP1) contacts (FIG. 13) the substrate (10). RE 34, modified Jeon discloses the method of claim 33, wherein forming the cell array structure (CS) further comprises forming a channel structure (CH, FIG. 3a) extending through the stack (ST) and contacting the semiconductor layer (CHOI’s 31A). RE 35, modified Jeon discloses the method of claim 31, wherein the first insulating layer (110) and the contact pad (LP2) each comprise a lower surface facing the substrate (10) and an upper surface opposite the lower surface, and the upper surface of the contact pad (LP2) is recessed (CHOI’s OP1) toward the substrate (10) relative to the upper surface of the first insulating layer (110). Claims 1-15 and 31-35 are rejected. Conclusion The prior art made of record and not relied upon, Chuang et al. (US 20210358891), is considered pertinent to applicants’ disclosure. Chuang et al. does not teach, inter alia, forming a hole (184, FIG. 11A) extending through the semiconductor layer (195) and exposing the preliminary contact pad (192) and removing an upper portion of the preliminary contact pad (192), thereby forming a contact pad (193) separated from the semiconductor layer (195); forming a stack (ST, FIG. 13A) on the semiconductor layer (195); forming a first insulating layer (50, 60, FIG. 13A) on the stack (ST); and forming a contact plug (TCP, FIG. 13A) extending through the first insulating layer (50, 60) and being connected to the contact pad (193). Any inquiry concerning this communication or earlier communications from the examiner should be directed to Walter Swanson whose telephone number is (571) 270-3322. The examiner can normally be reached Monday to Thursday, 8:30 to 17:30 EST. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joshua Benitez, can be reached on (571)270-1435. 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. /WALTER H SWANSON/Primary Examiner, Art Unit 2815
Read full office action

Prosecution Timeline

May 31, 2022
Application Filed
Feb 20, 2026
Non-Final Rejection — §103
Mar 24, 2026
Applicant Interview (Telephonic)
Mar 30, 2026
Examiner Interview Summary

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12604494
GATE END CAP AND BOUNDARY PLACEMENT IN TRANSISTOR STRUCTURES FOR N-METAL OXIDE SEMICONDUCTOR (N-MOS) PERFORMANCE TUNING
2y 5m to grant Granted Apr 14, 2026
Patent 12593708
SEMICONDUCTOR PACKAGE INCLUDING STACKED SEMICONDUCTOR DEVICES AND METHOD OF MANUFACTURINGTHE SEMICONDUCTOR PACKAGE
2y 5m to grant Granted Mar 31, 2026
Patent 12563714
Buried Signal Wires for Memory Applications
2y 5m to grant Granted Feb 24, 2026
Patent 12550746
SUBSTRATE AND METHOD OF MANUFACTURING SUBSTRATE
2y 5m to grant Granted Feb 10, 2026
Patent 12546939
SEMICONDUCTOR PACKAGE AND MANUFACTURING METHOD THEREOF
2y 5m to grant Granted Feb 10, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

AI Strategy Recommendation

Get an AI-powered prosecution strategy using examiner precedents, rejection analysis, and claim mapping.
Powered by AI — typically takes 5-10 seconds

Prosecution Projections

1-2
Expected OA Rounds
75%
Grant Probability
85%
With Interview (+10.2%)
2y 5m
Median Time to Grant
Low
PTA Risk
Based on 815 resolved cases by this examiner. Grant probability derived from career allow rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month