Prosecution Insights
Last updated: April 19, 2026
Application No. 18/178,580

SEMICONDUCTOR DEVICE AND METHOD FOR FORMING THE SAME

Non-Final OA §102§103
Filed
Mar 06, 2023
Examiner
KARIMY, TIMOR
Art Unit
2818
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Macronix International Co. Ltd.
OA Round
1 (Non-Final)
82%
Grant Probability
Favorable
1-2
OA Rounds
2y 6m
To Grant
92%
With Interview

Examiner Intelligence

Grants 82% — above average
82%
Career Allow Rate
827 granted / 1011 resolved
+13.8% vs TC avg
Moderate +10% lift
Without
With
+10.2%
Interview Lift
resolved cases with interview
Typical timeline
2y 6m
Avg Prosecution
48 currently pending
Career history
1059
Total Applications
across all art units

Statute-Specific Performance

§101
0.5%
-39.5% vs TC avg
§103
48.7%
+8.7% vs TC avg
§102
19.9%
-20.1% vs TC avg
§112
22.8%
-17.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1011 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 . Election/Restrictions Applicant’s election without traverse of claims 1-11 in the reply filed on 11/20/2025 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. Claims 1-3, 8 & 10 are rejected under 35 U.S.C. 102(a)(1) and/or 102(a)(2) as being anticipated by Poddar et al. (US Pub. 2023/0005881). Regarding claim 1, Poddar teaches a semiconductor device, comprising: a substrate 329 (Fig. 3C & Fig. 7); a first semiconductor structure on the substrate 329 (see Fig. 3C below); a second semiconductor structure on the first semiconductor structure (Fig. 3C below); and a wire 325 coupled between the substrate 329 and the first semiconductor structure, wherein the first semiconductor structure and the second semiconductor structure are electrically connected to the substrate 329 through the wire 325 (Fig. 3C below), wherein a footprint of the first semiconductor structure is greater than a footprint of the second semiconductor structure (Fig. 3C & Fig. 7). PNG media_image1.png 856 1016 media_image1.png Greyscale Regarding claim 2, Poddar teaches the semiconductor device according to claim 1, wherein the first semiconductor structure comprises: a first semiconductor layer 203 (a semiconductor die are understood to have semiconductor layer/s); a first conductive structure on the first semiconductor layer (see Fig. 3C above); and a first bonding pad on the first conductive structure and electrically connected to the first conductive structure (see Fig. 3C above), wherein the second semiconductor structure comprises: a second semiconductor layer 301; (a semiconductor die are understood to have semiconductor layer/s) a second conductive structure 421 on the second semiconductor layer (Fig. 3C, also see Fig. 4C); and a second bonding pad 425 on the second conductive structure 421 and electrically connected to the second conductive structure 421 (Fig. 3C, also see Fig. 4C), wherein the first conductive structure, the first bonding pad, the second conductive structure 421 and the second bonding pad 425 are between the first semiconductor layer 203 and the second semiconductor layer 301 (Fig. 3C). Regarding claim 3, Poddar teaches the semiconductor device according to claim 2, wherein the first bonding pad of the first semiconductor structure is bonded to the second bonding pad of the second semiconductor structure (see Fig. 3C). Regarding claim 8, Poddar teaches the semiconductor device according to claim 1, wherein the first semiconductor structure is bonded to the second semiconductor structure in a face-to-face bonding arrangement (Fig. 3C and respective text). Regarding claim 10, Poddar teaches the semiconductor device according to claim 1, wherein the first semiconductor structure is a memory chip, and the second semiconductor structure is a memory chip (Fig. 3C, both first and second semiconductor structure can function as memory chips). Furthermore, it has been held that a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations. Ex Parte Masham, 2 USPQ F.2d 1647 (1987). 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. 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 4-7, 9 & 11 are rejected under 35 U.S.C. 103 as being unpatentable over Poddar as applied to claim 1 above, and in further view of WEI et al. (US Pub. 2022/0367391). Regarding claim 8, Poddar is silent on the semiconductor device according to claim 2, wherein the first semiconductor structure comprises an oxide film on the first bonding pad and a conductive portion in the oxide film, the conductive portion is between the first bonding pad of the first semiconductor structure and the second bonding pad of the second semiconductor structure. However, WEI discloses wherein a first semiconductor structure 600 comprises an oxide film (e.g. 208) on a first bonding pad 204 and a conductive portion 216 in the oxide film 208, the conductive portion 216 is between the first bonding pad 204 of the first semiconductor structure 600 and a second bonding pad 104 of a second semiconductor structure 500 (see Fig. 5D). This has the advantage of providing an improved and mechanically stable bonding structure between the two semiconductor structures. Therefore, it would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to modify the invention of Poddar with the bonding structure, as taught by WEI, so as to obtain a semiconductor device with improved bonding/contact structure. Regarding claims 5-6, the combination of Poddar and WEI teaches the semiconductor device according to claim 4, wherein the conductive portion comprises Ti, TiN, Ta, TaN, Co, Mo, Cr, Mn or Si (claim 5); and wherein the conductive portion comprises MCu, M comprises Ti, TiN, Ta, TaN, Co, Mo, Cr, Mn or Si (see Para [0075, wherein WEI teaches said claim material for the various components of the interconnect structure). Regarding claim 7, the combination of Poddar and WEI teaches the semiconductor device according to claim 4, wherein the oxide film 208 comprises MSiOx, M comprises Ti, TiN, Ta, TaN, Co, Mo, Cr, Mn or Si, and x is greater than zero (208 is SiOx, where x is greater than zero, and it is understood that at the interface of SiOx layer 208 and Ti/Ta/Cr/Mn conductive portion 116, there is an inherent MSiOx layer). Regarding claim 9, Poddar is silent on the semiconductor device according to claim 8, wherein the first semiconductor structure comprises an oxide film on the first bonding pad and a conductive portion in the oxide film, the conductive portion comprises Ti or TiCu. However, WEI teaches in Fig. 5D wherein a first semiconductor structure 600 comprises an oxide film 216 on a first bonding pad 204 and a conductive portion 216 in the oxide film 216, the conductive portion comprises Ti or TiCu (Para [0075]). This has the advantage of providing an improved and mechanically stable bonding structure between the two semiconductor structures. Therefore, it would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to modify the invention of Poddar with the bonding structure, as taught by WEI, so as to obtain a semiconductor device with improved bonding/contact structure. Regarding claim 11, Poddar teaches a semiconductor device, comprising: a first semiconductor structure having a first active surface (see Fig. 3C above); and a second semiconductor structure having a second active surface (see Fig. 3C above), wherein the second active surface of the second semiconductor structure faces toward the first active surface of the first semiconductor structure (Para [0028], and the first semiconductor structure is bonded to the second semiconductor structure (Fig. 3C). Poddar is silent on wherein the first active surface of the first semiconductor structure comprises Ti (Poddar teaches wherein the first active surface comprises Cu). However, WEI teaches in Para [0075] and Fig. 5D a semiconductor structure 600 comprising a first active surface comprising metallic interconnect that list Ti and Cu among the known material. Before the effective filing date of the claim invention, one of the ordinary skill in the art would have pursued such known options within his/her technical grasp by replacing Cu with Ti with reasonable expectation of success. As such, said claim feature would have been obvious and within the ordinary skill in the art. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to TIMOR KARIMY whose telephone number is (571)272-9006. The examiner can normally be reached Monday - Friday: 8:30 AM -5:00 PM. 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, Eva Montalvo can be reached at (571) 270-3829. 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. /TIMOR KARIMY/Primary Examiner, Art Unit 2818
Read full office action

Prosecution Timeline

Mar 06, 2023
Application Filed
Dec 04, 2025
Non-Final Rejection — §102, §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
82%
Grant Probability
92%
With Interview (+10.2%)
2y 6m
Median Time to Grant
Low
PTA Risk
Based on 1011 resolved cases by this examiner. Grant probability derived from career allow rate.

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