Prosecution Insights
Last updated: April 19, 2026
Application No. 18/180,442

SEMICONDUCTOR DEVICE AND METHOD OF MANUFACTURING THE SAME

Final Rejection §102§103
Filed
Mar 08, 2023
Examiner
NGUYEN, DUY T V
Art Unit
2818
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Kioxia Corporation
OA Round
2 (Final)
79%
Grant Probability
Favorable
3-4
OA Rounds
2y 10m
To Grant
96%
With Interview

Examiner Intelligence

Grants 79% — above average
79%
Career Allow Rate
828 granted / 1052 resolved
+10.7% vs TC avg
Strong +17% interview lift
Without
With
+17.1%
Interview Lift
resolved cases with interview
Typical timeline
2y 10m
Avg Prosecution
57 currently pending
Career history
1109
Total Applications
across all art units

Statute-Specific Performance

§101
1.4%
-38.6% vs TC avg
§103
51.5%
+11.5% vs TC avg
§102
25.0%
-15.0% vs TC avg
§112
14.2%
-25.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1052 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 . Status of the Application 1. Acknowledgement is made of the amendment received on 12/11/2025. Claims 1-7 are pending in this application. 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. 2. Claims 1-5 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Park et al. (US 2022/01757754). Re claim 1, Park teaches, under BRI, Fig. 18, [0140, 0142, 0144, 0157, 0161], a semiconductor device comprising: -a first substrate (810); -a first insulator (815) provided on the first substrate (810); -a first pad (872c with 871c) provided in the first insulator (815); -a second insulator (715) provided on the first insulator (815); -a second pad (772c with 771c) provided in the second insulator (715), disposed on the first pad, and being in contact with the first pad (872c with 871c); -a third pad (771e) provided in the second insulator (715), and disposed above the second pad (772c with 771c); -a third insulator (615) provided on the second insulator (715); and -a fourth pad (metal pattern on 771e) provided in the third insulator (615), disposed on the third pad, and being in contact with the third pad (771e), wherein a shape of the first pad (872c with 871c) and the second pad (772c with 771c) in a plan view is a same, and a shape of the third pad (771e) and the fourth pad (metal pattern on 771e) in plan view is a same, and the shape of the third pad (771e) or the fourth pad (metal pattern on 771e) is different from the shape of the first pad (872c with 871c) or the second pad (772c with 771c). PNG media_image1.png 618 770 media_image1.png Greyscale Re claim 2, Park teaches, Fig. 18, the shape of each of the first (872c with 871c), second (772c with 771c), third (771e) and fourth pads (on 771e) in a plan view comprises at least one of a shape and a size of a contact area of each of the first, second, third and fourth pads. Re claim 3, Park teaches, Fig. 18, a thickness of the third (771e) or fourth pad (on 771e) is different from a thickness of the first (872c with 871c) or second pad (772c with 771c). Re claim 4, Park teaches, Fig. 18, abstract, [0137], a first memory cell array (in CELL2) provided in the second insulator (715); and a second memory cell array (in CELL1) provided in the third insulator (615). Re claim 5, Park teaches, Fig. 18, [0142], a circuit (in PERI) provided in the first insulator (815), and configured to control the first and second memory cell arrays (CEEL1, CELL2). 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. 3. Claims 6 and 7 are rejected under 35 U.S.C. 103 as being unpatentable over Park in view of Dogianmis et al. (US 2022/0399294). The teachings of Park have been discussed above. Re claims 6 & 7, Park teaches, Fig. 8, [0144], an upper face of the first insulator (815) or a lower face of the second insulator (715) is formed of a first insulating material, and an upper face of the second insulator (715) or a lower face of the third insulator (615) is formed of a second insulating material, wherein one of the first and second insulating materials includes silicon and oxygen (e.g., silicon oxide). Park further teaches different insulating materials (e.g., silicon oxide, silicon nitride) [0144], but does not explicitly teach the second insulating material different from the first insulating material; and another of the first and second insulating materials includes silicon, carbon and nitrogen. Dognianmis teaches, Fig. 1A, [0029], “A HB dielectric 108 may include one or more dielectric materials, such as one or more inorganic dielectric materials. For example, a HB dielectric 108 may include silicon and nitrogen (e.g., in the form of silicon nitride); silicon and oxygen (e.g., in the form of silicon oxide); silicon, carbon, and nitrogen (e.g., in the form of silicon carbonitride); carbon and oxygen (e.g., in the form of a carbon-doped oxide); silicon, oxygen, and nitrogen (e.g., in the form of silicon oxynitride); aluminum and oxygen (e.g., in the form of aluminum oxide); titanium and oxygen (e.g., in the form of titanium oxide); hafnium and oxygen (e.g., in the form of hafnium oxide); silicon, oxygen, carbon, and hydrogen (e.g., in the form of tetraethyl orthosilicate (TEOS)); zirconium and oxygen (e.g., in the form of zirconium oxide); niobium and oxygen (e.g., in the form of niobium oxide); tantalum and oxygen (e.g., in the form of tantalum oxide); and combinations thereof.” As taught by Dognianmis, one of ordinary skill in the art would utilize & modify the above teaching to obtain the second insulating material different from the first insulating material; and another of the first and second insulating materials includes silicon, carbon and nitrogen as claimed, because the claimed materials are known and widely used in the art, and because it aids in achieving a 3D stack having improved interconnection pitch and reduced overall surface area. Further, it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended used a matter of obvious design choice. In re Leshin, 125 USPQ 416. Thus, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to employ the teaching as taught by Dognianmis in combination with Park due to above reason. Response to Arguments 4. Applicant's arguments with respect to claims have been considered but are moot in view of the new ground(s) of rejection. Response to arguments on newly added limitations are responded to in the above rejection. The claims amended with newly added features. The rejection and interpretation under Park et al. also changed to meet the current amended claims. Details discussed in the above rejection. The rejection of claims under Kim et al./Dogianmis et al. is withdrawn due to claimed amendment. Conclusion 5. 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 DUY T.V. NGUYEN whose telephone number is (571)270-7431. The examiner can normally be reached Monday-Friday, 7AM-4PM, alternative Friday off. 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. /DUY T NGUYEN/Primary Examiner, Art Unit 2818 2/9/26
Read full office action

Prosecution Timeline

Mar 08, 2023
Application Filed
Sep 08, 2025
Non-Final Rejection — §102, §103
Dec 11, 2025
Response Filed
Feb 09, 2026
Final Rejection — §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
79%
Grant Probability
96%
With Interview (+17.1%)
2y 10m
Median Time to Grant
Moderate
PTA Risk
Based on 1052 resolved cases by this examiner. Grant probability derived from career allow rate.

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