Prosecution Insights
Last updated: July 17, 2026
Application No. 18/089,865

INTEGRATED CIRCUIT STRUCTURES HAVING TWO-LEVEL MEMORY

Non-Final OA §103
Filed
Dec 28, 2022
Examiner
LIU, BENJAMIN T
Art Unit
2893
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Intel Corporation
OA Round
1 (Non-Final)
75%
Grant Probability
Favorable
1-2
OA Rounds
0m
Est. Remaining
87%
With Interview

Examiner Intelligence

Grants 75% — above average
75%
Career Allowance Rate
533 granted / 710 resolved
+7.1% vs TC avg
Moderate +12% lift
Without
With
+11.9%
Interview Lift
resolved cases with interview
Typical timeline
2y 11m
Avg Prosecution
29 currently pending
Career history
744
Total Applications
across all art units

Statute-Specific Performance

§101
0.3%
-39.7% vs TC avg
§103
86.3%
+46.3% vs TC avg
§102
11.5%
-28.5% vs TC avg
§112
1.7%
-38.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 710 resolved cases

Office Action

§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 . Election/Restrictions Claims 6-10 and 16-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 5/4/2026. Applicant’s election without traverse of claims 1-5 and 11-15 in the reply filed on 5/4/2026 is acknowledged. 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. Claims 1-3, 11-12, and 14-15 are rejected under 35 U.S.C. 103 as being unpatentable over Droege et al. (US 2013/0293292) (“Droege”) in view of Zhen et al. (US 2021/0296323) (“Zhen”). With regard to claim 1, fig. 3 of Droege discloses an integrated circuit structure, comprising: an SRAM layer 314; a DRAM layer 318 vertically spaced apart from the SRAM layer 314; and a metallization structure 316 between the SRAM layer314 and the DRAM layer 318. Droege does not disclose an SRAM layer comprising nanowire-based transistors However, fig. 1 of Zhen discloses an SRAM layer (“SRAM cells”, par [0038]) comprising nanowire-based transistors (“nanowire transistors”, par [0038]). Therefore, it would have been obvious to one of ordinary skill in the art to form the SRAM layer of Droege with the nanowire transistors as taught in Zhen in order to provide the ability to fine tune the drive strength of individual transistors allows for a better balance between read stability and write-ability without the need for assist circuitry. See par [0038] of Zhen. With regard to claim 2, fig. 3 of Droege discloses that the SRAM layer 314 is above a substrate 310, and the DRAM layer 318 is above the SRAM layer 106. With regard to claim 3, fig. 3 of Droege discloses a second metallization structure 320 above the DRAM layer 318. With regard to claim 11, fig. 3 of Droege discloses a computing device, comprising: a board 310; and a component (314, 316, 318, 320) coupled to the board 310, the component (314, 316, 318, 320) including an integrated circuit structure (314, 316, 318, 320), comprising: an SRAM layer 314; a DRAM layer 318 vertically spaced apart from the nanowire-based transistors of the SRAM layer; and a metallization structure 316 between the SRAM layer 314 and the DRAM layer 318. Droege does not disclose an SRAM layer comprising nanowire-based transistors However, fig. 1 of Zhen discloses an SRAM layer (“SRAM cells”, par [0038]) comprising nanowire-based transistors (“nanowire transistors”, par [0038]). Therefore, it would have been obvious to one of ordinary skill in the art to form the SRAM layer of Droege with the nanowire transistors as taught in Zhen in order to provide the ability to fine tune the drive strength of individual transistors allows for a better balance between read stability and write-ability without the need for assist circuitry. See par [0038] of Zhen. With regard to claim 12, fig. 3 of Droege discloses a memory 312 coupled to the board 310. With regard to claim 14, fig. 3 of Droege discloses that the component (314, 316, 318, 320) is a packaged integrated circuit die (“three-dimensional modules”, par [0015]). With regard to claim 15, fig. 3 of Droege discloses that the component (314, 316, 318, 320) is selected from the group consisting of a processor (“processors”, par [0042]), a communications chip, and a digital signal processor. Claims 4-5 are rejected under 35 U.S.C. 103 as being unpatentable over Droege et al. (US 2013/0293292) (“Droege”), Zhen et al. (US 2021/0296323) (“Zhen”), and Bertin et al. (US 5,502,333) (“Bertin”). With regard to claim 4, fig. 3 of Droege discloses that the DRAM layer 110 is above a substrate 102, and the SRAM layer is above the DRAM layer. Droege and Zhen do not disclose that the SRAM layer is above the DRAM layer. However, fig. 4a of Bertin discloses that the SRAM layer (“logic/SRAM chip 116 “, col. 8 ll. 6-7) is above the DRAM layer (“DRAM chips”, col 7 ll. 67). Therefore, it would have been obvious to one of ordinary skill in the art to form the DRAM layer of Droege with the SRAM chip as taught in Bertin in order to provide substitute memory cells for failed memory cells in the stack. See col. 8 ll. 22-23 of Bertin. With regard to claim 5, Droege and Zhen do not disclose a second metallization structure above the SRAM layer. However, fig. 4a of Bertin discloses a second metallization structure 122 above the SRAM layer 116. Therefore, it would have been obvious to one of ordinary skill in the art to form the DRAM layer of Droege with the SRAM chip connected with a wire bond as taught in Bertin in order to provide substitute memory cells for failed memory cells in the stack. See col. 8 ll. 22-23 of Bertin. Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Droege et al. (US 2013/0293292) (“Droege”), Zhen et al. (US 2021/0296323) (“Zhen”), and Elsherbini et al. (US 2021/0098440) (“Elsherbini”). With regard to claim 13, Droege and Zhen do not disclose a communication chip coupled to the board. However, fig. 8 of Elshierbini discloses a communication chip 806 coupled to the board 802. Therefore, it would have been obvious to one of ordinary skill in the art to form the 3D stacked modules of Droege with the communication chip as taught in Elsherbini in order to enable wireless communications for the transfer of data to a from the computing device. See par [0100] of Elsherbini. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to BENJAMIN T LIU whose telephone number is (571)272-6009. The examiner can normally be reached Monday-Friday 11:00am-7:30pm. 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, Yara J Green can be reached at 571 270-3035. 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. /BENJAMIN TZU-HUNG LIU/ Primary Examiner, Art Unit 2893
Read full office action

Prosecution Timeline

Dec 28, 2022
Application Filed
Aug 01, 2023
Response after Non-Final Action
May 29, 2026
Non-Final Rejection mailed — §103 (current)

Precedent Cases

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
75%
Grant Probability
87%
With Interview (+11.9%)
2y 11m (~0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 710 resolved cases by this examiner. Grant probability derived from career allowance rate.

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