Prosecution Insights
Last updated: April 19, 2026
Application No. 17/831,810

SEMICONDUCTOR DEVICE INCLUDING SELECT DIES OF KNOWN THICKNESSES

Final Rejection §102§103
Filed
Jun 03, 2022
Examiner
MULERO FLORES, ERIC MANUEL
Art Unit
2898
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Sandisk Technologies Inc.
OA Round
4 (Final)
84%
Grant Probability
Favorable
5-6
OA Rounds
3y 2m
To Grant
99%
With Interview

Examiner Intelligence

Grants 84% — above average
84%
Career Allow Rate
49 granted / 58 resolved
+16.5% vs TC avg
Strong +18% interview lift
Without
With
+18.5%
Interview Lift
resolved cases with interview
Typical timeline
3y 2m
Avg Prosecution
37 currently pending
Career history
95
Total Applications
across all art units

Statute-Specific Performance

§103
56.9%
+16.9% vs TC avg
§102
25.9%
-14.1% vs TC avg
§112
15.4%
-24.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 58 resolved cases

Office Action

§102 §103
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 . Response to Arguments Applicant's arguments filed 2/6/2026 have been fully considered but they are not persuasive. Applicant alleges that Han fails to teach or render obvious a die stack configured to have semiconductor dies of substantially the same thickness based on a known thickness die (KTD) map including the plurality of semiconductor dies. The claims are directed to a semiconductor device comprising a die stack, which is a product. The means of forming the product hold no patentable weight unless they impart a structural characteristic to the product, as asserted in MPEP 2113. In the case of the KTD map, it only serves to say where the die of substantially similar thicknesses came from. Han teaches that the die have a same thickness and they are stacked to form a semiconductor device as claimed. The previous rejections to the claims are sustained. Claim Rejections - 35 USC § 102/103 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-AlA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AlA) 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. 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. This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. Claims 1 and 4-6 are rejected under 35 U.S.C. 102(a)(1) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Han US 20190259743 A1 (hereinafter referred to as Han). Claims 4-6 are product-by-process claims. A product-by-process claim is a product claim. Applicant has merely chosen to define the claimed product by the process by which it was made. It has been well established that process limitations do not impart patentability to an old/obvious product. Process limitations are significant only to the extent that they distinguish the claimed product over the prior art product. Even though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process. In re Thorpe, 777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir.1985). In this case, the claimed features “A semiconductor device comprising: a substrate and a die stack mounted on the substrate, the die stack comprising a plurality of semiconductor dies, wherein the die stack is configured to have semiconductor dies of substantially the same, the substantially similar thicknesses of the plurality of semiconductor dies providing a desired electrical performance to the die stack, first plurality of semiconductor dies comprise one of eight memory dies and sixteen memory dies, further comprising a controller die for controlling data transfer to and from the first plurality of semiconductor dies, further comprising a molding compound for encapsulating the die stack and the controller die, further comprising bond wires electrically coupling the first plurality of semiconductor dies to each other and the substrate, wherein the first plurality of semiconductor dies all have the same thicknesses” need not be formed by the process of “thickness based on a known thickness die (KTD) map including the plurality of semiconductor dies, wherein the KTD map categorizes thicknesses of semiconductor dies of the second plurality of semiconductor dies by categorizing the second plurality of semiconductor dies into binning categories comprising at least binning categories 1, 2 and 3, wherein the first plurality of semiconductor dies are all selected from binning category 1, wherein the first plurality of semiconductor dies are all selected from binning categories 1 and 2, wherein the first plurality of semiconductor dies are all selected from semiconductor dies of the second plurality of semiconductor dies having silicon substrate layers above a predefined thickness”. Once the Examiner provides a rationale tending to show that the claimed product appears to be the same or similar to that of the prior art, although produced by a different process, the burden shifts to applicant to come forward with evidence establishing an unobvious difference between the claimed product and the prior art product. In re Marosi, 710 F.2d 798, 802, 218 USPQ 289, 292 (Fed. Cir.1983). Regarding claim 1, Han teaches A semiconductor device (“first discrete semiconductor package 11” para. 0055 FIG. 8), comprising: a substrate (“base die 100D” made from “base die wafer 100”, para. 0054-0055 FIG. 7-8); and a die stack (“first stack structure 208” para. 0055) mounted on the substrate, the die stack comprising a plurality of semiconductor dies (“core dies 200” para. 0055), wherein the die stack is configured to have semiconductor dies of substantially the same thickness based on a known thickness die (KTD) map including the plurality of semiconductor dies (from “core dies 200 may be semiconductor dies having substantially the same size. For example, each of the core dies 200 may have the same thickness T2” in para. 0035, the examiner understands that the thicknesses of different “core dies 200” are known and chosen accordingly), the substantially similar thicknesses of the plurality of semiconductor dies providing a desired electrical performance to the die stack (since “core dies 200” have integrated circuitry and perform DRAM functions as stated in para. 0035-0036, it is understood they contribute to the performance of the “first stack structure 208”). Regarding claim 4, Tuckerman teaches the semiconductor device of claim 1. The product-by-process limitations “, wherein the KTD map categorizes thicknesses of semiconductor dies of the second plurality of semiconductor dies by categorizing the second plurality of semiconductor dies into binning categories comprising at least binning categories 1, 2 and 3” are obvious because Tuckerman teaches the implied structure. The product-by-process limitations do not further distinguish from the prior art. Regarding claim 5, Tuckerman teaches the semiconductor device of claim 1. The product-by-process limitations “wherein the first plurality of semiconductor dies are all selected from binning category 1” are obvious because Han teaches the implied structure. The product-by-process limitations do not further distinguish from the prior art. Regarding claim 6, Tuckerman teaches the semiconductor device of claim 1. The product-by-process limitations “wherein the first plurality of semiconductor dies are all selected from binning categories 1 and 2” are obvious because Han teaches the implied structure. The product-by-process limitations do not further distinguish from the prior art. Regarding claim 8, Tuckerman teaches the semiconductor device of claim 1. The product-by-process limitations “wherein the first plurality of semiconductor dies are all selected from semiconductor dies of the second plurality of semiconductor dies having layers above a predefined thickness” are obvious because Han teaches the implied structure. The product-by-process limitations do not further distinguish from the prior art. 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 for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 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. This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. Claims 2, 7 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Han as applied to claim 1 above, in view of Jo et al. CN 104637901 A (hereinafter referred to as Jo). Regarding claim 2, Han teaches the semiconductor device of claim 1 but fails to teach wherein the plurality of semiconductor dies comprise silicon substrate layers over which integrated circuit layers are formed, and wherein the silicon substrate layers of the plurality of semiconductor dies are configured to have substantially the same thickness silicon substrate layers based on a known thickness map of the silicon substrate layer thicknesses of the plurality of semiconductor dies. Nevertheless, Jo teaches wherein the plurality of semiconductor dies (“first to fourth semiconductor chips (100, 200, 300, 400)” [0063] FIG. 1A) comprise silicon substrate layers (“first substrate 101”, “second substrate 201”, third substrate 301”, and “fourth substrate 401” are silicon wafer material, [0066-0071]) over which integrated circuit layers are formed (on each silicon wafer, “first integrated circuit 103”, “second integrated circuit 203”, “third integrated circuit 303”, and “fourth integrated circuit 403” are formed [0066-0071]), and wherein the silicon substrate layers of the plurality of semiconductor dies are configured to have substantially the same thickness silicon substrate layers based on a known thickness map of the silicon substrate layer thicknesses of the plurality of semiconductor dies (since “first to fourth semiconductor chips (100, 200, 300 and 400) may have the same thickness” and can be the same chips such as memory chips [0064 and 0073], the circuitry on them and thickness of their silicon wafer base are understood to be substantially the same.) Han and Jo teach stacked chip structures. The chips in Jo comprise integrated circuitry formed on silicon wafers. Silicon is a known semiconductor material widely used in chip manufacturing for its versatility and ease of use. Jo teaches that different thinning and texturing processes can be done to the silicon wafers (see [0110]). If “first to fourth semiconductor chips (100, 200, 300, 400)” are the same type of memory chip and are the same thickness, it is understood that the thickness of the circuitry and the base silicon wafer material are the same for each chip. One of ordinary skill in the art before the effective filing date of the claimed invention would have recognized that the silicon wafer substrate of each semiconductor chip in Jo has the same thickness if each chip is the same and of same total thickness. The processes for achieving this with silicon as the substrate material are well known. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the semiconductor device in Han with the silicon substrate layers taught in Jo. Silicon is a widely used wafer material upon which circuitry can be made. When the semiconductor dies of the same kind are of the same thickness, their silicon substrate layers are of the same thickness. Claims 7-8 is product-by-process claims. A product-by-process claim is a product claim. Applicant has merely chosen to define the claimed product by the process by which it was made. It has been well established that process limitations do not impart patentability to an old/obvious product. Process limitations are significant only to the extent that they distinguish the claimed product over the prior art product. Even though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process. In re Thorpe, 777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir.1985). In this case, the claimed features “wherein the second plurality of semiconductor dies comprise silicon substrate layers on which are formed integrated circuit layers” need not be formed by the process of “wherein the KTD map includes thicknesses of the silicon substrate layers of the second plurality of semiconductor dies from the wafer, wherein the first plurality of semiconductor dies are all selected based on from semiconductor dies of the second plurality of semiconductor dies having silicon substrate layers above a predefined thickness”. Once the Examiner provides a rationale tending to show that the claimed product appears to be the same or similar to that of the prior art, although produced by a different process, the burden shifts to applicant to come forward with evidence establishing an unobvious difference between the claimed product and the prior art product. In re Marosi, 710 F.2d 798, 802, 218 USPQ 289, 292 (Fed. Cir.1983). Regarding claim 7, Han teaches the semiconductor device of claim 1 but fails to teach wherein the second plurality of semiconductor dies comprise silicon substrate layers on which are formed integrated circuit layers, and wherein the KTD map includes thicknesses of the silicon substrate layers of the second plurality of semiconductor dies from the wafer. Nevertheless, Jo teaches wherein the second plurality of semiconductor dies (“first to fourth semiconductor chips (100, 200, 300, 400)” [0063] FIG. 1A) comprise silicon substrate layers (“first substrate 101”, “second substrate 201”, third substrate 301”, and “fourth substrate 401” are silicon wafer material, [0066-0071]) on which are formed integrated circuit layers (on each silicon wafer, “first integrated circuit 103”, “second integrated circuit 203”, “third integrated circuit 303”, and “fourth integrated circuit 403” are formed [0066-0071]), and wherein the KTD map includes thicknesses of the silicon substrate layers of the second plurality of semiconductor dies from the wafer (since “first to fourth semiconductor chips (100, 200, 300 and 400) may have the same thickness” and can be the same chips such as memory chips [0064 and 0073], the circuitry on them and thickness of their silicon wafer base are understood to be known). Han and Jo teach stacked chip structures. The chips in Jo comprise integrated circuitry formed on silicon wafers. Silicon is a known semiconductor material widely used in chip manufacturing for its versatility and ease of use. If “first to fourth semiconductor chips (100, 200, 300, 400)” are the same type of memory chip and are the same thickness, it is understood that the thickness of the circuitry and the base silicon wafer material are the same for each chip. One of ordinary skill in the art before the effective filing date of the claimed invention would have recognized that the silicon wafer substrate of each semiconductor chip in Jo has the same thickness if each chip is the same and of same total thickness. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the semiconductor device in Han with the silicon substrate layers taught in Jo. Silicon is a widely used wafer material upon which circuitry can be made. Semiconductor dies with silicon substrate layers can be made of the thickness. Regarding claim 8, Han, modified by Jo, teach the semiconductor device of claim 7. The product-by-process limitations “wherein the first plurality of semiconductor dies are all selected based on from semiconductor dies of the second plurality of semiconductor dies having silicon substrate layers above a predefined thickness” are obvious because Han, modified by Jo teaches the implied structure. The product-by-process limitations do not further distinguish from the prior art. Claims 9, 11 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Han as applied to claim 1 above, in view of Shimizu et al. US 20160276312 A1 (hereinafter referred to as Shimizu). Regarding claim 9, Han teaches the semiconductor device of claim 1 but fails to teach wherein the first plurality of semiconductor dies comprise one of eight memory dies and sixteen memory dies. Nevertheless, Shimizu teaches wherein the first plurality of semiconductor dies (“second semiconductor chips 70a to 70h” para. 0021 FIG. 3) comprise one of eight memory dies and sixteen memory dies (there are eight “second semiconductor chips 70” but any number may be used, para. 0027). Han and Shimizu teach stacks of memory chips (“second semiconductor chips 70a to 70h” are memory chips, para. 0027). The stack in Han teaches four chips while Shimizu teaches eight, though any number of “second semiconductor chips 70” is usable. The examiner understands that a greater number of “second memory chips 70” can store more data than a smaller number of “second memory chips 70”. One of ordinary skill in the art before the effective filing date of the claimed invention would have recognized that the storage capacity of a memory chip stack is proportional to the number of memory chips it contains, each memory chip being of the same capacity Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the semiconductor device in Han with the memory stack taught in Shimizu. A stack comprising a greater number of semiconductor dies is capable of greater functions. In the case of memory semiconductor dies, more dies allow for more total memory storage. Regarding claim 11, Han teaches the semiconductor device of claim 1, further comprising a controller die for controlling data transfer to and from the first plurality of semiconductor dies. Nevertheless, Shimizu teaches further comprising a controller die (“first semiconductor chip 30” is a memory controller chip, para. 0022) for controlling data transfer to and from the first plurality of semiconductor dies (the examiner understands a memory controller controls memory, such that “first semiconductor chip 30” controls “second semiconductor chips 70” through “wiring substrate 10”, para. 0063). Han and Shimizu teach memory devices including memory stacks. The device in Shimizu includes a “first semiconductor chip 30” as a memory controller. It is understood that the exchange of data and commands through “wiring substrate 10” are directed towards the memory chips “second semiconductor chips 70”. One of ordinary skill in the art before the effective filing date of the claimed invention would have recognized that a memory controller can control the storage of data in the “second semiconductor chips 70”. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the semiconductor device taught in Han with the controller die taught in Shimizu. The controller die can control the storage and transfer of data in the stack of first plurality of semiconductor dies. Regarding claim 12, Han, modified by Shimizu, teach the semiconductor device of claim 11, further comprising a molding compound (“sealing resin layer 90” para. 0016 FIG. 3) for encapsulating the die stack and the controller die (“sealing resin layer 90” encapsulates “first semiconductor chip 30” and “the second semiconductor chips 70”, para. 0031). Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Han as applied to claim 1 above, in view of Tuckerman et al. US 5804004 A (hereinafter referred to as Tuckerman). Han teaches the semiconductor device of claim 1 but fails to teach further comprising bond wires electrically coupling the first plurality of semiconductor dies to each other and the substrate. Nevertheless, Tuckerman teaches further comprising bond wires (“wire leads 189 and 190” col 3 line 62-63 FIG. 4A and 4B) electrically coupling the first plurality of semiconductor dies to each other and the substrate semiconductor dies to each other and the substrate (“chip 150a” is connected to “bond pads 180”, “chip 150b” is connected to “bond pads 189”, and “chip 150c” is connected to “bond pads 200”, col 3 lines 14 - 15, 30-31, 33-34 FIG. 4A-4B. “Chips 150a-150c” can be interconnected using the “engineering change pads 210”, col 3 lines 41-46 FIG. 4B). Han and Tuckerman teach stacks of chips. The stack of “chips 150-150c” in Tuckerman are wirebonding to bond pads on “silicon circuit board 160” (col 3 line 7). In this manner, the chips can be staggered on the stack to reduce chip to chip spacing and wire removal can be employed if a chip becomes defective (col 3 lines 34-39). One of ordinary skill in the art before the effective filing date of the claimed invention would have recognized that using wires bonded to pads on peripheral ends of the chips allows for more compact chip arrangements and for disconnection of individual chips from the stack if they become defective. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the semiconductor device in Han with the bond wires taught in Tuckerman. The stack height is reduced and semiconductor dies can be individually disconnected without affecting other die connections. Claims 13 and 14 are rejected under 35 U.S.C. 103 as unpatentable over Han US 20190259743 A1 (hereinafter referred to as Han), in view of Shimizu et al. US 20160276312 A1 (hereinafter referred to as Shimizu). Claims 13 is a product-by-process claim. A product-by-process claim is a product claim. Applicant has merely chosen to define the claimed product by the process by which it was made. It has been well established that process limitations do not impart patentability to an old/obvious product. Process limitations are significant only to the extent that they distinguish the claimed product over the prior art product. Even though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process. In re Thorpe, 777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir.1985). In this case, the claimed features “A semiconductor device, comprising: a substrate; and a die stack mounted on the substrate, the die stack comprising a first plurality of semiconductor dies, the first plurality of semiconductor dies each having a silicon substrate layer over which integrated circuit layers are formed, the die stack configured to include semiconductor dies having silicon substrate layers of substantially the same thickness” need not be formed by the process of “thickness based on a known die thickness (KTD) map of silicon substrate layer thicknesses, herein the plurality of semiconductor dies are selected using the KTD map, the KTD map including thicknesses of the plurality of semiconductor dies, as well as the thicknesses of the silicon substrate layers of the plurality of semiconductor dies”. Once the Examiner provides a rationale tending to show that the claimed product appears to be the same or similar to that of the prior art, although produced by a different process, the burden shifts to applicant to come forward with evidence establishing an unobvious difference between the claimed product and the prior art product. In re Marosi, 710 F.2d 798, 802, 218 USPQ 289, 292 (Fed. Cir.1983). Regarding claim 13, Han teaches A semiconductor device (“first discrete semiconductor package 11” para. 0055 FIG. 8), comprising: a substrate (“base die 100D” made from “base die wafer 100”, para. 0054-0055 FIG. 7-8); and a die stack (“first stack structure 208” para. 0055) mounted on the substrate, the die stack comprising a first plurality of semiconductor dies (“core dies 200” para. 0055); However, Han fails to teach the first plurality of semiconductor dies each having a silicon substrate layer over which integrated circuit layers are formed, the die stack configured to include semiconductor dies having silicon substrate layers of substantially the same thickness and based on an overall desired thickness of the die stack. Nevertheless, Jo teaches the first plurality of semiconductor dies (“first to fourth semiconductor chips (100, 200, 300, 400)” [0063] FIG. 1A) each having a silicon substrate layer (“first substrate 101”, “second substrate 201”, third substrate 301”, and “fourth substrate 401” are silicon wafer material, [0066-0071]) over which integrated circuit layers are formed (on each silicon wafer, “first integrated circuit 103”, “second integrated circuit 203”, “third integrated circuit 303”, and “fourth integrated circuit 403” are formed [0066-0071]), the die stack configured to include semiconductor dies having silicon substrate layers of substantially the same thickness and based on an overall desired thickness of the die stack (since “first to fourth semiconductor chips (100, 200, 300 and 400) may have the same thickness” and can be the same chips such as memory chips [0064 and 0073], the circuitry on them and thickness of their silicon wafer base are understood to be substantially the same.) Han and Jo teach stacked chip structures. The chips in Jo comprise integrated circuitry formed on silicon wafers. Silicon is a known semiconductor material widely used in chip manufacturing for its versatility and ease of use. Jo teaches that different thinning and texturing processes can be done to the silicon wafers (see [0110]). If “first to fourth semiconductor chips (100, 200, 300, 400)” are the same type of memory chip and are the same thickness, it is understood that the thickness of the circuitry and the base silicon wafer material are the same for each chip. The “core dies 200” in Han have the same thickness and are also the same type of memory chip (Han para. 0035). One of ordinary skill in the art before the effective filing date of the claimed invention would have recognized that the silicon wafer substrate of each semiconductor chip in Jo has the same thickness if each chip is the same and of same total thickness. The processes for achieving this with silicon as the substrate material are well known. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the semiconductor device in Han with the silicon substrate layers taught in Jo. Silicon is a widely used wafer material upon which circuitry can be made. When the semiconductor dies of the same kind are of the same thickness, their silicon substrate layers are of the same thickness. The product-by-process limitations “the stack configured based on a known die thickness (KTD) map of silicon substrate layer thicknesses, wherein the plurality of semiconductor dies are selected using the KTD map, the KTD map including thicknesses of the plurality of semiconductor dies, as well as the thicknesses of the silicon substrate layers of the plurality of semiconductor dies” are obvious because Han teaches the implied structure. The product-by-process limitations do not further distinguish from the prior art. Regarding claim 14, Han, modified by Shimizu, teach the semiconductor device of claim 13, wherein the die stack is configured to include semiconductor dies comprising silicon substrate layers that are within 1.0 microns of each other (since “core dies 200” in Han are the same kind, have the same circuitry, and “each of the core dies 200 may have the same thickness T2”, para. 0035, it is understood the silicon wafer material as taught in Shimizu is substantially the same across each die). Regarding claim 17, Han, modified by Shimizu, teach the semiconductor device of claim 13, wherein the first plurality of semiconductor dies all have substantially the same thicknesses (“each of the core dies 200 may have the same thickness T2”, para. 0035). Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Han, modified by Shimizu, as applied to claim 14 above, in view of Lin et al. US 20120193785 A1 (hereinafter referred to as Lin). Han, modified by Shimizu, teach the semiconductor device of claim 14 but fail to teach wherein the die stack is configured to include semiconductor dies comprising silicon substrate layers that are between 7.0 microns and 8.0 microns. Nevertheless, Lin teaches wherein the die stack (“stacked chips in the multichip package” para. 0046 FIG. 1) is configured to include semiconductor dies comprising silicon substrate layers that are between 7.0 microns and 8.0 microns (“semiconductor substrate 2 of each of the stacked chips in the multichip package may be a silicon substrate having a suitable thickness” such as between 1 and 10 micrometers, para. 0046). Han, modified by Shimizu, and Lin teach semiconductor devices comprising stacked chips. The chip stack in Lin features “semiconductor substrates 2” of each memory chip having a same thickness between 1 and 10 microns (para. 0056). The thinner the chips, the thinner the overall semiconductor device or the greater the storage capacity of the device, depending on the individual chip capabilities. One of ordinary skill in the art before the effective filing date of the claimed invention would have recognized that a stack of chips having silicon substrates of 1-10micron thickness can achieve a package with greater storage density. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the semiconductor device taught between Han and Shimizu with the silicon substrate thickness taught in Lin. The silicon substrate thickness affects the overall stack height. Thinner substrates lead to more densely packed memory chips. Claim 21 is rejected under 35 U.S.C. 103 as unpatentable over Han US 20190259743 A1 (hereinafter referred to as Han), in view of Shimizu et al. US 20160276312 A1 (hereinafter referred to as Shimizu). Han teaches A semiconductor device (“first discrete semiconductor package 11” para. 0055 FIG. 8), comprising: a substrate (“base die 100D” made from “base die wafer 100”, para. 0054-0055 FIG. 7-8); and a die stack (“first stack structure 208” para. 0055) mounted on the substrate, the die stack comprising a plurality of semiconductor dies (“core dies 200” para. 0055), wherein the die stack is configured to comprise at least one of: i) semiconductor dies of substantially the same thickness based on a known thickness die (KTD) map including the plurality of semiconductor dies, and ii) semiconductor dies comprising silicon substrate layers of at least 7 microns based on a KTD map of the silicon substrate layers (“each of the core dies 200 may have the same thickness T2”, para. 0035). However, Han fails to teach wherein each semiconductor die in the die stack comprises a silicon substrate layer over which integrated circuit layers are formed. Nevertheless, Jo teaches wherein each semiconductor die in the die stack (“first to fourth semiconductor chips (100, 200, 300, 400)” [0063] FIG. 1A) comprises a silicon substrate layer (“first substrate 101”, “second substrate 201”, third substrate 301”, and “fourth substrate 401” are silicon wafer material, [0066-0071]) over which integrated circuit layers are formed (on each silicon wafer, “first integrated circuit 103”, “second integrated circuit 203”, “third integrated circuit 303”, and “fourth integrated circuit 403” are formed [0066-0071]). Han and Jo teach stacked chip structures. The chips in Jo comprise integrated circuitry formed on silicon wafers. Silicon is a known semiconductor material widely used in chip manufacturing for its versatility and ease of use. Jo teaches that different thinning and texturing processes can be done to the silicon wafers (see [0110]). If “first to fourth semiconductor chips (100, 200, 300, 400)” are the same type of memory chip and are the same thickness, it is understood that the thickness of the circuitry and the base silicon wafer material are the same for each chip. One of ordinary skill in the art before the effective filing date of the claimed invention would have recognized that the silicon wafer substrate of each semiconductor chip in Jo has the same thickness if each chip is the same and of same total thickness. The processes for achieving this with silicon as the substrate material are well known. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the semiconductor device in Han with the silicon substrate layers taught in Jo. Silicon is a widely used wafer material upon which circuitry can be made. Semiconductor dies with silicon substrate layers can be made of the thickness. Conclusion THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to ERIC MULERO FLORES whose telephone number is (571)270-0070. The examiner can normally be reached Mon-Fri 8am-5pm (typically). 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, Julio Maldonado can be reached on (571)272-1864. 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. /ERIC MANUEL MULERO FLORES/Examiner, Art Unit 2898 /JULIO J MALDONADO/Supervisory Patent Examiner, Art Unit 2898
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Prosecution Timeline

Jun 03, 2022
Application Filed
Jan 13, 2025
Non-Final Rejection — §102, §103
Apr 18, 2025
Response Filed
Jun 03, 2025
Final Rejection — §102, §103
Sep 04, 2025
Request for Continued Examination
Sep 09, 2025
Response after Non-Final Action
Oct 31, 2025
Non-Final Rejection — §102, §103
Feb 06, 2026
Response Filed
Mar 19, 2026
Final Rejection — §102, §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12598844
LIGHT EMITTING DEVICE, PIXEL STRUCTURE COMPRISING LIGHT EMITTING DEVICE, AND MANUFACTURING METHOD THEREFOR
2y 5m to grant Granted Apr 07, 2026
Patent 12588534
WAFER
2y 5m to grant Granted Mar 24, 2026
Patent 12575035
BALL GRID ARRAY SOLDER PAD TRIMMING
2y 5m to grant Granted Mar 10, 2026
Patent 12550415
SEMICONDUCTOR STRUCTURE AND METHOD FOR FABRICATING SAME
2y 5m to grant Granted Feb 10, 2026
Patent 12550423
TRANSISTOR DEVICE HAVING GROUPS OF TRANSISTOR CELLS WITH DIFFERENT BODY REGION AVERAGE DOPING CONCENTRATIONS AND DIFFERENT SOURCE REGION DENSITIES
2y 5m to grant Granted Feb 10, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

5-6
Expected OA Rounds
84%
Grant Probability
99%
With Interview (+18.5%)
3y 2m
Median Time to Grant
High
PTA Risk
Based on 58 resolved cases by this examiner. Grant probability derived from career allow rate.

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