Prosecution Insights
Last updated: August 17, 2026
Application No. 18/154,959

SEMICONDUCTOR DEVICE

Final Rejection §102§103
Filed
Jan 16, 2023
Priority
Sep 16, 2022 — RE 10-2022-0117116
Examiner
CHAN, CANDICE
Art Unit
2813
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Research & Business Foundation Sungkyunkwan University
OA Round
2 (Final)
73%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
92%
With Interview

Examiner Intelligence

Grants 73% — above average
73%
Career Allowance Rate
402 granted / 553 resolved
+4.7% vs TC avg
Strong +19% interview lift
Without
With
+19.2%
Interview Lift
resolved cases with interview
Typical timeline
3y 3m
Avg Prosecution
29 currently pending
Career history
614
Total Applications
across all art units

Statute-Specific Performance

§101
0.3%
-39.7% vs TC avg
§103
53.3%
+13.3% vs TC avg
§102
26.0%
-14.0% vs TC avg
§112
17.7%
-22.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 553 resolved cases

Office Action

§102 §103
DETAILED ACTION This Office action is in response to the amendment filed 20 December 2025. By this amendment, claims 1, 8, and 10-15 are amended. Claims 1-20 are currently pending. 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 with respect to claim(s) 1 and 8 as amended have been considered but are moot because the grounds of rejection have been modified in response to Applicant’s amendments to the claims. 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. Claims 1, 4, 5, 7, and 8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by KR 2009-0006452 A to Kim et al. (citations refer to the English machine translation attached; hereinafter “Kim”). Regarding independent claim 1, Kim (Fig. 2) discloses a semiconductor device comprising: a phase change material layer 120 (p. 4, paras. 8-10) on a substrate 100 (p. 4, para. 8-10); a gate electrode 150 (p. 4, paras. 8-10) disposed on the phase change material layer 120, and the gate electrode 150 configured to induce an accumulation of charges in the phase change material layer 120 (gate electrode in contact with 120); and a pair of source/drain electrodes 130/135 (p. 4, paras. 8-10) spaced apart from each other with the gate electrode 150 therebetween on the phase change material layer 120, and at least a portion of the gate electrode 150 being at a same height above an upper surface of the substrate 100 as the pair of source/drain electrodes 130/135 (Fig. 2), wherein the phase change material layer 120 includes a phase change region 120 having a crystal structure that changes due to the accumulation of the charges as a voltage is applied to the gate electrode (p. 5, para. 3; changes in conductivity of the phase change material layer result from changes in the crystal structure of phase change material). Regarding claim 4, Kim (Fig. 2) discloses the semiconductor device of claim 1, wherein the phase change material layer 120 is provided as a plurality of layers stacked on the substrate 100, and the phase change region includes an uppermost layer among the plurality of layers (120 is interpreted to comprise a plurality of layers of the same material). Regarding claim 5, Kim (Fig. 2) discloses the semiconductor device of claim 1, wherein the charges are electrons (p. 5, paras. 10-11). Regarding claim 7, Kim (Fig. 2) discloses the semiconductor device of claim 1, wherein the gate electrode 150 is disposed on the phase change region 120. Regarding claim 8, Kim (Fig. 2) discloses the semiconductor device of claim 1, wherein a gate insulating pattern 140 (p. 4, paras. 8-10) is between and directly contacting both the phase change material layer 120 and the gate electrode 150. Claim Rejections - 35 USC § 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-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. 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. 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. Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Kim. Regarding claim 9, Kim discloses the semiconductor device of claim 1, however fails to expressly disclose: wherein a width of the phase change region is larger than a width of the gate electrode. It has been held that mere dimensional limitations are prima facie obvious absent a disclosure that the limitations are for a particular unobvious purpose, produce an unexpected result, or are otherwise critical. See, for example, In re Rose, 220 F.2d 459, 105 USPQ 237 (CCPA 1955); In re Rinehart, 531 F.2d 1048, 189 USPQ 143 (CCPA 1976); Gardner v. TEC Systems, Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984); In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966). Here, the limitations “a width of the phase change region is larger than a width of the gate electrode” are considered mere dimensional limitations. The instant disclosure is silent as to a particular unobvious purpose, unexpected result, or criticality of the above dimensional limitations, and thus are found to be prima facie obvious. Claims 2 and 10-14 are rejected under 35 U.S.C. 103 as being unpatentable over Kim as applied to claim 1 above, and further in view of US 2021/0249539 A1 to Zhu et al. (hereinafter “Zhu”). Regarding claim 2, Kim discloses the semiconductor device of claim 1, however fails to expressly disclose: wherein the phase change material layer includes Mo.sub.1-xW.sub.xTe.sub.2. In the same field of endeavor, Zhu discloses a semiconductor device including a phase change material layer 122 that includes Mo.sub.1-xW.sub.xTe.sub.2 (¶ 0028). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the material of Zhu in the device of Kim for the purpose of using a phase change material known to be suitable for use in semiconductor device channels. Regarding claim 10, Kim discloses the semiconductor device of claim 1, however fails to expressly disclose: wherein the crystal structure of the phase change region is configured to change from a hexagonal structure to a monoclinic structure as the voltage is applied to the gate electrode. In the same field of endeavor, Zhu discloses a semiconductor device including a phase change material layer 122 that includes Mo.sub.1-xW.sub.xTe.sub.2 (¶ 0028). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the material of Zhu in the device of Kim for the purpose of using a phase change material known to be suitable for use in semiconductor device channels. The combination of Kim and Zhu further discloses: wherein the crystal structure of the phase change region (Zhu at ¶ 0028, col. 2 lines 21-23 - disclosing Mo.sub.1-xW.sub.xTe.sub.2) is configured to change from a hexagonal structure to a monoclinic structure as the voltage is applied to the gate electrode (Mo.sub.1-xW.sub.xTe.sub.2 is the same material as in the instant specification and thus would possess the same properties and be capable of the claimed function). Regarding claim 11, Kim discloses the semiconductor device of claim 10, however fails to expressly disclose: wherein the phase change region is configured to maintain the monoclinic structure even when the voltage is removed from the gate electrode. In the same field of endeavor, Zhu discloses a semiconductor device including a phase change material layer 122 that includes Mo.sub.1-xW.sub.xTe.sub.2 (¶ 0028). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the material of Zhu in the device of Kim for the purpose of using a phase change material known to be suitable for use in semiconductor device channels. The combination of Kim and Zhu further discloses: wherein the phase change region (Zhu at ¶ 0028, col. 2 lines 21-23 - disclosing Mo.sub.1-xW.sub.xTe.sub.2) is configured to maintain the monoclinic structure even when the voltage is removed from the gate electrode (Mo.sub.1-xW.sub.xTe.sub.2 is the same material as in the instant specification and thus would possess the same properties and be capable of the claimed function). Regarding claim 12, Kim discloses the semiconductor device of claim 1, however fails to expressly disclose: the pair of source/drain electrodes are configured to be electrically connected to each other by the phase change region based on the phase change region having a monoclinic structure. In the same field of endeavor, Zhu discloses a semiconductor device including a phase change material layer 122 that includes Mo.sub.1-xW.sub.xTe.sub.2 (¶ 0028). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the material of Zhu in the device of Kim for the purpose of using a phase change material known to be suitable for use in semiconductor device channels. The combination of Kim and Zhu further discloses: wherein the pair of source/drain electrodes 130/135 (Kim, Fig. 2) are configured to be electrically connected to each other by the phase change region 120 (Kim, Fig. 2) based on the phase change region having a monoclinic structure (Zhu at ¶ 0028 - disclosing Mo.sub.1-xW.sub.xTe.sub.2, the same material as in the instant specification and thus would possess the same properties and would be capable of the claimed function; see also, Zhu at ¶ 0016, 36 - programming voltage will alter the state of 122 and the electrical connectivity). Regarding claim 13, Kim (Fig. 2) discloses the semiconductor device of claim 1, wherein the pair of source/drain electrodes 130/135 contact the phase change region 120; however fails to expressly disclose: the phase change region is configured to electrically connect to the pair of source/drain electrodes based on the phase change region having a monoclinic structure. In the same field of endeavor, Zhu discloses a semiconductor device including a phase change material layer 122 that includes Mo.sub.1-xW.sub.xTe.sub.2 (¶ 0028). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the material of Zhu in the device of Kim for the purpose of using a phase change material known to be suitable for use in semiconductor device channels. The combination of Kim and Zhu further discloses: the phase change region (Zhu at ¶ 0028, col. 2 lines 21-23 - disclosing Mo.sub.1-xW.sub.xTe.sub.2) is configured to electrically connect to the pair of source/drain electrodes based on the phase change region having a monoclinic structure (Mo.sub.1-xW.sub.xTe.sub.2 is the same material as in the instant specification and thus would possess the same properties and be capable of the claimed function). Regarding claim 14, Kim discloses the semiconductor device of claim 1, however fails to expressly disclose: wherein the pair of source/drain electrodes are configured to be electrically insulated from each other based on the phase change region having a hexagonal structure. In the same field of endeavor, Zhu discloses a semiconductor device including a phase change material layer 122 that includes Mo.sub.1-xW.sub.xTe.sub.2 (¶ 0028). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the material of Zhu in the device of Kim for the purpose of using a phase change material known to be suitable for use in semiconductor device channels. The combination of Kim and Zhu further discloses: wherein the pair of source/drain electrodes are configured to be electrically insulated from each other based on the phase change region (Zhu at ¶ 0028, col. 2 lines 21-23 - disclosing Mo.sub.1-xW.sub.xTe.sub.2) having a hexagonal structure (Mo.sub.1-xW.sub.xTe.sub.2 is the same material as in the instant specification and thus would possess the same properties and be capable of the claimed function). Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Kim and Zhu as applied to claim 2 above, and further in view of WO 2018/231153 A1 to Liu et al. (hereinafter “Liu”). Regarding claim 3, Kim and Zhu disclose the semiconductor device of claim 2, however fails to expressly disclose wherein x is 0.05 to 0.15 in the Mo.sub.1-xW.sub.xTe.sub.2. In the same field of endeavor, Liu discloses forming Mo.sub.1-xW.sub.xTe.sub.2 wherein x is 0.05 to 0.15 (p. 15, lines 30-34). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to form the material as disclosed by Liu in the semiconductor device of Kim and Zhu for the purpose of providing an art-recognized material known to be suitable for use in semiconductor devices (Liu, p. 1, lines 14-30) using a high quality, flexible method that allows the user to control the properties of the material formed (Liu, p. 1, line 34 - p. 2, line 6; Fig. 3; p. 33, Table 3) Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Kim as applied to claim 1 above, and further in view of Liu. Regarding claim 6, Kim discloses the semiconductor device of claim 1, however fails to expressly disclose wherein a thickness of the phase change material layer is about 2 nm or less. In the same field of endeavor, Liu discloses a method of forming a phase change material layer having a thickness of about 2nm or less (p. 3, lines 8-10). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to form the phase change material layer in the semiconductor device of Kim using the teachings of Liu for the purpose of forming a device with reduced device dimensions and using a high quality, flexible method that allows the user to control the properties of the layers formed (Liu, p. 1, line 34 - p. 2, line 6; Fig. 3; p. 33, Table 3). Claims 15-20 are rejected under 35 U.S.C. 103 as being unpatentable over Kim in view of Liu. Regarding independent claim 15, Kim (Fig. 2) discloses a semiconductor device comprising: a phase change material layer 120 (p. 4, paras. 8-10) on a substrate 100 (p. 4, paras. 8-10); a gate electrode 150 (p. 4, paras. 8-10) disposed on the phase change material layer 120; and a pair of source/drain electrodes 130/135 (p. 4, paras. 8-10) spaced apart from each other with the gate electrode 150 therebetween on the phase change material layer 120, and at least a portion of the gate electrode 150 being at a same height above an upper surface of the substrate 100 as the source/drain electrodes 130/135 (Fig. 2). Kim fails to expressly disclose: wherein the phase change material layer includes a base region having a hexagonal structure, and a phase change region configured to have a monoclinic structure. In the same field of endeavor, Liu discloses a method of forming a phase change material layer having two or more phases (p. 12, l. 20-30). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize the teachings of Liu to form the phase change material layer of Kim, having a base region having a hexagonal structure and a phase change region having a monoclinic structure, for the purpose of using a high quality, flexible method that allows the user to control the properties of the layers formed (Liu, p. 1, line 34 - p. 2, line 6; Fig. 3; p. 33, Table 3). Regarding claim 16, Kim and Liu disclose the semiconductor device of claim 15, wherein the phase change material layer includes Mo.sub.1-xW.sub.xTe.sub.2 (Liu at p. 15, line 32). Regarding claim 17, Kim and Liu disclose the semiconductor device of claim 16, wherein x is 0.05 to 0.15 in the Mo.sub.1-xW.sub.xTe.sub.2 (Liu, p. 15, lines 30-34). Regarding claim 18, Kim and Liu disclose the semiconductor device of claim 15, Kim (Fig. 2) discloses wherein the pair of source/drain electrodes 130/135 are disposed on the phase change region 120. Regarding claim 19, Kim and Liu disclose the semiconductor device of claim 15, Kim (Fig. 2) discloses wherein the phase change region 120 is disposed between the gate electrode 150 and the base region (bottom of 120). Regarding claim 20, Kim and Liu disclose the semiconductor device of claim 15, however fail to expressly disclose: wherein a width of the phase change region is larger than a width of the gate electrode. It has been held that mere dimensional limitations are prima facie obvious absent a disclosure that the limitations are for a particular unobvious purpose, produce an unexpected result, or are otherwise critical. See, for example, In re Rose, 220 F.2d 459, 105 USPQ 237 (CCPA 1955); In re Rinehart, 531 F.2d 1048, 189 USPQ 143 (CCPA 1976); Gardner v. TEC Systems, Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984); In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966). Here, the limitations “a width of the phase change region is larger than a width of the gate electrode” are considered mere dimensional limitations. The instant disclosure is silent as to a particular unobvious purpose, unexpected result, or criticality of the above dimensional limitations, and thus are found to be prima facie obvious. 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 Candice Y. Chan whose telephone number is (571)272-9013. The examiner can normally be reached 8:30 am - 5 pm ET. 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, Steven B. Gauthier can be reached at 571-270-0373. 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. CANDICE Y. CHAN Examiner Art Unit 2813 2 May 2026 /STEVEN B GAUTHIER/ Supervisory Patent Examiner, Art Unit 2813
Read full office action

Prosecution Timeline

Jan 16, 2023
Application Filed
Sep 30, 2025
Non-Final Rejection mailed — §102, §103
Dec 30, 2025
Response Filed
May 14, 2026
Final Rejection mailed — §102, §103 (current)

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Prosecution Projections

3-4
Expected OA Rounds
73%
Grant Probability
92%
With Interview (+19.2%)
3y 3m (~0m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 553 resolved cases by this examiner. Grant probability derived from career allowance rate.

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