Prosecution Insights
Last updated: April 18, 2026
Application No. 18/108,676

NON-VOLATILE MEMORY DEVICE

Non-Final OA §102
Filed
Feb 13, 2023
Examiner
LIU, XIAOMING
Art Unit
2812
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Iotmemory Technology Inc.
OA Round
3 (Non-Final)
86%
Grant Probability
Favorable
3-4
OA Rounds
2y 4m
To Grant
97%
With Interview

Examiner Intelligence

Grants 86% — above average
86%
Career Allow Rate
495 granted / 576 resolved
+17.9% vs TC avg
Moderate +11% lift
Without
With
+11.0%
Interview Lift
resolved cases with interview
Typical timeline
2y 4m
Avg Prosecution
39 currently pending
Career history
615
Total Applications
across all art units

Statute-Specific Performance

§101
0.1%
-39.9% vs TC avg
§103
61.5%
+21.5% vs TC avg
§102
24.9%
-15.1% vs TC avg
§112
3.3%
-36.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 576 resolved cases

Office Action

§102
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 . Continued Examination Under 37 CFR 1.114 A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 12/16/2025 has been entered. Election/Restrictions Applicant’s election without traverse of claims 1-19 in the reply filed on 3/7/2025 is acknowledged. Claim Rejections - 35 USC § 102 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 (i.e., changing from AIA to pre-AIA ) 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. (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claim(s) 1-3, 5 and 10-12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chen et al. US 2007/0257299. Re claim 1, Chen teaches a non-volatile memory device (fig1), comprising at least one memory cell (fig2), wherein the at least one memory cell comprises: a substrate (19, fig2, [21]) comprising a first doped region (21, fig2, [49]) and a second doped region (13, fig2, [46]); an assist gate (17, fig2, [21]) disposed on the substrate and adjacent to the second doped region (13, fig2, [46]); a byte select gate (WL 14, fig2, [22]) disposed on the substrate and adjacent to the first doped region (21, fig2, [49]); a floating gate (11 FG, fig2, [21]) disposed on the substrate and between the assist gate (17, fig2, [21]) and byte select gate (14, fig2, [22]), wherein the floating gate (11, fig2, [24]) comprising an upper edge (top two edge of FG 11 facing CG16, fig2, [22]) higher than top surfaces of the assist gate (17, fig2, [22]) and the byte select gate (14, fig2, [22]); and an upper gate (16, fig2, [22]) covering the assist gate (17, fig2, [22]) and the floating gate (11, fig2, [24]), wherein the upper gate (16, fig2, [22]) is laterally spaced apart (16 and 14 only partially overlap with each other with right side of 16 laterally spaced apart from 14, fig2) from the byte select gate (14, fig2, [22]), and the upper edge of the floating gate (top two edge of FG 11 facing CG16, fig2, [22]) is embedded in the upper gate (16, fig2, [22]). wherein the byte select gate is configured to turn on or turn off a channel region in the substrate under the byte select gate (word line 14 turn on or off channel region between 21 and source line 13, fig2 and 3). Re claim 2, Chen teaches the non-volatile memory device of claim 1, wherein the assist gate has the same composition as the byte select gate (14 and 17 formed by etching polysilicon 44, fig4D-4H, [40]). Re claim 3, Chen teaches the non-volatile memory device of claim 1, wherein the assist gate (17, fig2, [21]) is laterally spaced apart from the byte select gate (14, fig2, [21]). Re claim 5, Chen teaches the non-volatile memory device of claim 1, wherein the assist gate (17, fig2, [21]), the byte select gate (WL 14, fig2, [22]), and the upper gate (16, fig2, [22]) extend along a same direction (14, 16 and 17 along SL in fig1). Re claim 10, Chen teaches the non-volatile memory device of claim 1, wherein the at least one memory cell comprises two adjacent memory cells arranged in a same column and having a mirror image of each other (fig1-3). Re claim 11, Chen teaches the non-volatile memory device of claim 10, wherein the second doped regions (13, fig2 and 3, [46]) of the two adjacent memory cells arranged in the same column are configured to be electrically connected to each other (fig1-3). Re claim 12, Chen teaches the non-volatile memory device of claim 10, wherein the byte select gates (WL 14, fig2, [22]) of the two adjacent memory cells arranged in the same column are spaced apart from each other. Allowable Subject Matter Claims 14-15 and 17-19 are allowed. Claims 4, 6-9 and 13 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. Specifically, the limitations are material to the inventive concept of the application in hand to improve the erase efficiency and reduce power leakage of the memory device. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to XIAOMING LIU whose telephone number is (571)270-0384. The examiner can normally be reached Monday-Friday, 9am-8pm, EST. 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, Christine S Kim can be reached at (571)272-8458. 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. /XIAOMING LIU/Examiner, Art Unit 2812
Read full office action

Prosecution Timeline

Feb 13, 2023
Application Filed
Mar 14, 2025
Non-Final Rejection — §102
Jun 12, 2025
Response Filed
Sep 15, 2025
Final Rejection — §102
Dec 16, 2025
Request for Continued Examination
Jan 06, 2026
Response after Non-Final Action
Jan 08, 2026
Non-Final Rejection — §102 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

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SEMICONDUCTOR DEVICE WITH MULTI-THRESHOLD GATE STRUCTURE
2y 5m to grant Granted Apr 14, 2026
Patent 12604467
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2y 5m to grant Granted Apr 14, 2026
Patent 12588442
METHOD FOR FABRICATING MULTIPLE WORK FUNCTION LAYERS
2y 5m to grant Granted Mar 24, 2026
Patent 12575145
MONOLITHIC STACKED FIELD EFFECT TRANSISTOR (SFET) WITH DUAL MIDDLE DIELECTRIC ISOLATION (MDI) SEPARATION
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Patent 12563813
SEMICONDUCTOR DEVICE AND METHOD OF MANUFACTURING SEMICONDUCTOR DEVICE
2y 5m to grant Granted Feb 24, 2026
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
86%
Grant Probability
97%
With Interview (+11.0%)
2y 4m
Median Time to Grant
High
PTA Risk
Based on 576 resolved cases by this examiner. Grant probability derived from career allow rate.

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