Prosecution Insights
Last updated: August 17, 2026
Application No. 17/962,667

SEMICONDUCTOR MEMORY DEVICE

Final Rejection §102§103
Filed
Oct 10, 2022
Priority
Apr 21, 2022 — RE 10-2022-0049265
Examiner
RAHMAN, MOIN M
Art Unit
2898
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
SK hynix Inc.
OA Round
2 (Final)
87%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 87% — above average
87%
Career Allowance Rate
648 granted / 745 resolved
+19.0% vs TC avg
Moderate +14% lift
Without
With
+14.3%
Interview Lift
resolved cases with interview
Typical timeline
2y 4m
Avg Prosecution
45 currently pending
Career history
804
Total Applications
across all art units

Statute-Specific Performance

§101
0.2%
-39.8% vs TC avg
§103
56.4%
+16.4% vs TC avg
§102
26.9%
-13.1% vs TC avg
§112
15.7%
-24.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 745 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 . 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 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. Status of the application This office Action is in response to Applicant's Application filled on 04/08/2026. Claims 1-19 are pending for this examination. Response to Arguments Applicant’s reply filed on 04/08/2026 has been entered and considered. Applicant’s amendments necessitated the shift in grounds of rejection detailed below. The shift in grounds of rejection renders Applicant’s arguments moot. Thus, this rejection is properly made FINAL. Claim Rejections - 35 USC § 102 The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – (a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention. Claims 1-3, 5 and 8-9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by LEE (US 2018/0247953 A1; hereafter LEE). PNG media_image1.png 576 744 media_image1.png Greyscale Regarding claim 1. LEE discloses a semiconductor memory device, comprising: a lower insulating layer (Fig. [4], insulating layer 147, Para [ 0075]); a dummy stack (dummy buffer stack structure DM, Para [ 0043]) on the lower insulating layer (Fig. [4], insulating layer 147, Para [ 0075]); a source structure (Fig. [4], source stack structure SR, Para [ 0121-0126]) arranged at a same level as the lower insulating layer (Fig. [4], insulating layer 147, Para [ 0075]); a cell stack (cell stack structures CS, Para [ 0043]) on the source structure (Fig. [4], source stack structure SR, Para [ 0121-0126]); a plurality of contact plugs (contact plugs 193B, Para [ 0046]) passing through the dummy stack (dummy buffer stack structure DM, Para [ 0043]); and a dummy contact (dummy conductive rings 171DR1, Para [ 0067-0069] and also shown figure [9c,9d]) passing through a portion of the dummy stack (dummy buffer stack structure DM, Para [ 0043]) and arranged between the plurality of contact plugs (contact plugs 193B, Para [ 0046]), wherein each of the dummy (dummy buffer stack structure DM, Para [ 0043]) and cell stacks (cell stack structures CS, Para [ 0043]) includes a plurality of first material layers (Fig. [4], dummy stack includes lower region stack 153 and cell stack includes lower stack 151/171G) separated from each other, the first material layers stacked on top of each other (Fig. [4], dummy stack includes lower region stack 153 and cell stack includes lower stack 151/171G), wherein the dummy stack (dummy buffer stack structure DM, Para [ 0043]) further includes a plurality of second material layers (Fig. [4], upper stack 153) arranged alternately with the plurality of first material layers (Fig. [4], dummy stack includes lower region stack 153 on the lower insulating layer (Fig. [4], insulating layer 147, Para [ 0075]), and wherein the cell stack (Fig. [4], cell stack structures CS, Para [ 0043]) further includes a plurality of third material layers (upper stack 151/171G) arranged alternately with the plurality of first material layers (lower stack 151/171G) on the source structure (Fig. [4], source stack structure SR, Para [ 0121-0126]), and wherein the dummy contact (dummy conductive rings 171DR1, Para [ 0067-0069] and also shown figure [9c,9d]) passes through at least one of the plurality of first material layers (Fig. [4], dummy stack includes lower region stack 153) and at least one of the plurality of second material layers (Fig. [4], upper stack 153). Regarding claim 2. LEE discloses the semiconductor memory device of claim 1, LEE further discloses further comprising a plurality of cell plugs (Cell pillars CPL, Para [ 0143]) passing through the cell stack (Fig. [4], cell stack structures CS, Para [ 0043]), wherein each of the plurality of cell plugs (Cell pillars CPL, Para [ 0143]) include a channel layer ( channel 167, Para [ 0059]) and a memory layer surrounding a sidewall of the channel layer (first and second memory patterns ML1 and ML2 surrounding the channel layer 167”, Para [ 0059-0061]). Regarding claim 3. LEE discloses the semiconductor memory device of claim 2, LEE further discloses wherein the source structure (Fig. [4], source stack structure SR, Para [ 0121-0126]) includes a first source layer and a second source layer (Fig. [4], a first source conductive layer 141 and a second source conductive layer 185, Para [ 0055]), the second source layer arranged on the first source layer (Fig. [4], a first source conductive layer 141 and a second source conductive layer 185, Para [ 0055]). Regarding claim 5. LEE discloses the semiconductor memory device of claim 1, LEE further discloses wherein a height of the dummy contact (dummy conductive rings 171DR1, Para [ 0067-0069]) is smaller than a height of each of the contact plugs (contact plugs 193B, Para [ 0046]). Regarding claim 8. LEE discloses the semiconductor memory device of claim 1, LEE further discloses further comprising: a vertical barrier (step shape region, Para [ 0063-0066]) arranged between the dummy stack (dummy buffer stack structure DM, Para [ 0043]) and the cell stack (cell stack structures CS, Para [ 0043]); and a support pillar passing (contact holes PH region, Para [ 0071]) through the dummy stack (dummy buffer stack structure DM, Para [ 0043]). Regarding claim 9. LEE discloses the semiconductor memory device of claim 1, LEE further discloses wherein a width of a top surface of each of the contact plugs (contact plugs 193B, Para [ 0046]) is greater than a width of a top surface of the dummy contact (dummy conductive rings 171DR1, Para [ 0067-0069]). Claim Rejection- 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 of this title, 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. Claims 10-17 are rejected under 35 U.S.C. 103 as being unpatentable over LEE (US 2018/0247953 A1; hereafter LEE). Regarding claim 10. LEE first embodiment discloses a semiconductor memory device, comprising: a substrate (Fig. [4], substrate 101, Para [ 0050]) on which a cell array region (cell stack structures CS, region I, Para [ 0043]) and a connection region (Fig. [4], region III) are defined; a peripheral circuit structure (Fig. [4], ST1 structure includes peripheral circuit, Para [ 0050]) on the substrate (Fig. [4], substrate 101, Para [ 0050]); a dummy stack (dummy buffer stack structure DM, Para [ 0043]) arranged on the connection region (Fig. [4], region III); a cell stack (cell stack structures CS, Para [ 0043]) arranged on the cell array region (cell stack structures CS, region I, Para [ 0043]); a plurality of contact plugs (contact plugs 193B, Para [ 0046]) passing through the dummy stack (dummy buffer stack structure DM, Para [ 0043]); cell plugs (Cell pillars CPL, Para [ 0143]) passing through the cell stack (cell stack structures CS, Para [ 0043]); and LEE first embodiment does not disclose explicitly a dummy contact passing through a portion of the dummy stack, wherein the dummy stack includes dummy insulating layers and sacrificial insulating layers stacked alternately with each other, and wherein the dummy contact passes through at least one of the dummy insulating layers and at least one of sacrificial insulating layers. PNG media_image2.png 687 569 media_image2.png Greyscale However, LEE another embodiment discloses a dummy contact passing (Fig 12, dummy pillars DPL, Para [ 0154]) through a portion of the dummy stack (Fig 12, dummy buffer stack structure DM, Para [ 0154]), wherein the dummy stack (Fig 12, dummy buffer stack structure DM, Para [ 0154]) includes dummy insulating layers ( dummy interlayer insulating layers 251D, Para [ 0148]) and sacrificial insulating layers ( sacrificial insulating layers 253, Para [ 0148]) stacked alternately with each other, and wherein the dummy contact (dummy pillars DPL, Para [ 0155]) passes through at least one of the dummy insulating layers ( dummy interlayer insulating layers 251D, Para [ 0148]) and at least one of sacrificial insulating layers ( sacrificial insulating layers 253, Para [ 0148]). Therefore, it would have been obvious to one of the ordinary skilled in the art before the effective filing date of the invention to combine LEE teaching “wherein the first upper insulating layer and the support pillar include a same material (Para [0026] discloses “The slit insulating layers 17 and 20 may include an oxide, a nitride, etc. Therefore, both slit insulating layer and insulating layer 181 can be made with same nitride material)” for further advantage such as to stably support the dummy buffer stack structure DM in a process of manufacturing the semiconductor device (LEE, Para [ 0154]). Regarding claim 11. LEE discloses the semiconductor memory device of claim 10, LEE first embodiment further discloses wherein the cell stack (cell stack structures CS, region I, Para [ 0043]) includes interlayer insulating layers and conductive patterns stacked alternately with each other (conductive patterns 171G and interlayer insulating layers 151, Para [ 0066]). Regarding claim 12. LEE discloses the semiconductor memory device of claim 10, LEE first embodiment further discloses further comprising a plurality of lower contacts (resistor conductive layer 119 and connecting structures LS, Para [ 0081]) coupling the peripheral circuit structure (Fig. [4], ST1 structure includes peripheral circuit, Para [ 0050]) to the plurality of contact plugs (contact plugs 193B, Para [ 0046]). Regarding claim 14. LEE discloses the semiconductor memory device of claim 10, LEE first embodiment further discloses further comprising a vertical barrier (slit insulating layer 187, Para [ 0127]) surrounding the dummy stack (dummy buffer stack structure DM, Para [ 0043]). Regarding claim 15. LEE discloses the semiconductor memory device of claim 10, LEE first embodiment further discloses wherein each of the cell plugs (cell pillars CPL, Para [ 059-0062]) includes a channel structure (channel layer 167, Para [ 0059-0062]) and a memory layer surrounding the channel structure (first and second memory patterns ML1 and ML2 surrounding the channel layer 167, Para [ 0059-0062]), and wherein the memory layer includes a tunnel isolation layer, a data storage layer, and a blocking insulating layer stacked sequentially on a surface of the channel structure ( Para [ 0059-0062]). Regarding claim 16. LEE discloses the semiconductor memory device of claim 10, LEE first embodiment does not disclose explicitly wherein a top width of each of the contact plugs is greater than a top width of the dummy contact. However, LEE another embodiment discloses further discloses wherein a top width of each of the contact plugs (contact plugs 193/293B, Para [ 0046]) is greater than a top width of the dummy contact (dummy pillars DPL, Para [ 00154]). Therefore, it would have been obvious to one of the ordinary skilled in the art before the effective filing date of the invention to combine LEE teaching “wherein a top width of each of the contact plugs (contact plugs 193/293B, Para [ 0046]) is greater than a top width of the dummy contact (dummy pillars DPL, Para [ 00154])” for further advantage such as to stably support the dummy buffer stack structure DM in a process of manufacturing the semiconductor device (LEE, Para [ 0154]). Regarding claim 17. LEE discloses the semiconductor memory device of claim 10, LEE another embodiment discloses wherein the dummy contact (dummy pillars DPL, Para [ 00154]) having a smaller length than each of the contact plugs (contact plugs 193B/293, Para [ 0154]) is arranged in the dummy stack (dummy buffer stack structure DM, Para [ 0154]). Therefore, it would have been obvious to one of the ordinary skilled in the art before the effective filing date of the invention to combine LEE teaching “wherein the dummy contact (dummy pillars DPL, Para [ 00154]) having a smaller length than each of the contact plugs (contact plugs 193B/293, Para [ 0154]) is arranged in the dummy stack (dummy buffer stack structure DM, Para [ 0154])” for further advantage such as to stably support the dummy buffer stack structure DM in a process of manufacturing the semiconductor device (LEE, Para [ 0154]). Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over LEE (US 2018/0247953 A1; hereafter LEE) as applied claims above and further in view of LEE (2016/0225697 A1; hereafter LEE’697). Regarding claim 13. LEE discloses the semiconductor memory device of claim 10, LEE further discloses further comprising: a first upper insulating layer (slit insulating layer 187, Para [ 0127]) arranged on the dummy stack (dummy buffer stack structure DM, Para [ 0043]) and the cell stack (cell stack structures CS, Para [ 0043]); and a support pillar (insulating layers 181 may be formed of a nitride material, Para [ 0122]) passing through the dummy stack (dummy buffer stack structure DM, Para [ 0043]). But LEE does not disclose explicitly wherein the first upper insulating layer and the support pillar include a same material. In a similar field of endeavor, LEE’697 discloses wherein the first upper insulating layer and the support pillar include a same material (Para [0026] discloses “The slit insulating layers 17 and 20 may include an oxide, a nitride, etc. Therefore, both slit insulating layer and insulating layer 181 can be made with same nitride material). Therefore, it would have been obvious to one of the ordinary skilled in the art before the effective filing date of the invention to combine LEE in light of LEE’697 teaching “wherein the first upper insulating layer and the support pillar include a same material (Para [0026] discloses “The slit insulating layers 17 and 20 may include an oxide, a nitride, etc. Therefore, both slit insulating layer and insulating layer 181 can be made with same nitride material)” for further advantage such as improve device performance by using well-known material. Allowable Subject Matter Claims 4, 6-7 and 18-19 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. The following is the Examiner's Reasons for Allowance: The prior art fails to disclose and would not have rendered obvious: Regarding claim 4. The semiconductor memory device of claim 2, wherein the channel layer of each of the cell plugs is directly coupled to the source structure. Regarding claim 6. The semiconductor memory device of claim 1, wherein the plurality of contact plugs include first to third contact plugs arranged in a line, wherein the second contact plug is arranged between the first contact plug and the third contact plug, and wherein a distance between the first contact plug and the second contact plug is smaller than a distance between the second contact plug and the third contact plug. Claim 7 is objected based on the dependency of claim 6. Regarding claim 18. The semiconductor memory device of claim 10, wherein the plurality of contact plugs include first to third contact plugs passing through the dummy stack and arranged in a line, wherein the second contact plug is arranged between the first contact plug and the third contact plug, and wherein a distance between the first contact plug and the second contact plug is smaller than a distance between the second contact plug and the third contact plug. Claim 19 is objected based on the dependency of claim 18. Conclusion Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 MOIN M RAHMAN whose telephone number is (571)272-5002. The examiner can normally be reached 8:30-5:00pm. 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 at 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. /MOIN M RAHMAN/Primary Examiner, Art Unit 2898
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Prosecution Timeline

Oct 10, 2022
Application Filed
Jan 08, 2026
Non-Final Rejection mailed — §102, §103
Apr 08, 2026
Response Filed
Jul 13, 2026
Final Rejection mailed — §102, §103 (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

3-4
Expected OA Rounds
87%
Grant Probability
99%
With Interview (+14.3%)
2y 4m (~0m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 745 resolved cases by this examiner. Grant probability derived from career allowance rate.

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