Prosecution Insights
Last updated: April 19, 2026
Application No. 18/180,596

SEMICONDUCTOR DEVICE, METHOD OF MANUFACTURING SEMICONDUCTOR DEVICE, AND SEMICONDUCTOR MEMORY DEVICE

Non-Final OA §103
Filed
Mar 08, 2023
Examiner
JOHNSON, CHRISTOPHER A
Art Unit
2899
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Kioxia Corporation
OA Round
1 (Non-Final)
84%
Grant Probability
Favorable
1-2
OA Rounds
2y 5m
To Grant
92%
With Interview

Examiner Intelligence

Grants 84% — above average
84%
Career Allow Rate
453 granted / 542 resolved
+15.6% vs TC avg
Moderate +9% lift
Without
With
+8.6%
Interview Lift
resolved cases with interview
Typical timeline
2y 5m
Avg Prosecution
23 currently pending
Career history
565
Total Applications
across all art units

Statute-Specific Performance

§101
0.1%
-39.9% vs TC avg
§103
50.2%
+10.2% vs TC avg
§102
25.7%
-14.3% vs TC avg
§112
18.9%
-21.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 542 resolved cases

Office Action

§103
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 Election was made without traverse in the reply filed on 12/16/2025. Applicant has elected Group II, corresponding to claims 1-8 and 15. Invention Group I, corresponding to claims 9-14, is withdrawn from further consideration. Specification The specification submitted 3/08/2023 has been accepted by the examiner. Drawings The drawings submitted on 3/08/2023 have been accepted by the examiner. Information Disclosure Statements The information disclosure statements (IDS) submitted recently have been considered by the examiner. 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 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 1-8 are rejected under 35 U.S.C. 103 as being unpatentable over Lim (US # 20080157383) in view of Hsu (US # 5796151) and further in view of Park (US # 20010035557) and Melde (US # 9842845). PNG media_image1.png 439 407 media_image1.png Greyscale Regarding Claim 1, Lim (US 20080157383) teaches a semiconductor device (see Fig. 10C and corresponding text), comprising: a semiconductor substrate (800) containing a first-type impurity ([0225] an ion-implantation process is performed to form an isolation layer, a well and a channel); a first insulating layer (801) provided on a region of the semiconductor substrate; a first gate electrode having a first semiconductor layer (21) provided on the first insulating layer and containing an impurity ([0227]), a first conductive layer (22A) provided on the first semiconductor layer and containing titanium ([0228]), a second conductive layer (22B) provided on the first conductive layer and containing nitrogen and either titanium or tungsten ([0228]), and a third conductive layer (22C) provided on the second conductive layer and containing tungsten ([0228]). Although Lim discloses much of the claimed invention, it does not explicitly teach the semiconductor substrate having a first region and a second region, each region containing a first-type impurity; the first insulating layer provided between the first region and the second region in the semiconductor substrate; a second insulating layer provided on the third conductive layer and containing oxygen and silicon; a third insulating layer provided on the second insulating layer and containing nitrogen and silicon; a first contact provided on the first region; a second contact provided on the second region; and a third contact provided on the third conductive layer of the first gate electrode, the third contact penetrating through the second insulating layer and the third insulating layer. Nonetheless the prior art at the time the application was filed renders such non-explicit feature differences obvious, as explained below. PNG media_image2.png 182 179 media_image2.png Greyscale For example, Hsu (US # 5796151) is in the same or analogous field, and it teaches a second insulating layer (16) provided on a third conductive layer (15) and containing oxygen and silicon (col. 2, line 21); a third insulating layer (17) provided on the second insulating layer and containing nitrogen and silicon (col. 2, line 22). A person having ordinary skill in the art would have recognized that modifying the device of Lim with the protective layers suggested by Hsu would be obvious. Specifically, the modification suggested by Hsu would be to employ a protective layer comprising a second insulating layer provided on the third conductive layer and containing oxygen and silicon; and a third insulating layer provided on the second insulating layer and containing nitrogen and silicon. The rationale for this obvious modification is that the protective layers provides protection for the lower layers from impurities during subsequent processes. Although Lim in view of Hsu discloses much of the claimed invention, it does not explicitly teach the semiconductor substrate having a first region and a second region, each region containing a first-type impurity; the first insulating layer provided between the first region and the second region in the semiconductor substrate; a first contact provided on the first region; a second contact provided on the second region; and a third contact provided on the third conductive layer of the first gate electrode, the third contact penetrating through the second insulating layer and the third insulating layer. Nonetheless the prior art at the time the application was filed renders such non-explicit feature differences obvious, as explained below. PNG media_image3.png 244 382 media_image3.png Greyscale For example, Park (US # 20010035557) is in the same or analogous field, and it teaches a semiconductor substrate (100; see Fig. 5 and corresponding text) having a first region (left of gate 60, regions 64, 70) and a second region (right of gate 60, regions 64, 70), each region containing a first-type impurity (n-type); a first insulating layer (58) provided between the first region and the second region in the semiconductor substrate (shown); a first contact (82) provided on the first region; a second contact (82) provided on the second region. A person having ordinary skill in the art would have recognized that modifying the substrate and interconnections of Lim in view of Hsu with the impurity regions and via contacts suggested by Park would be obvious. Specifically, the modification suggested by Park would be to employ a semiconductor substrate having a first region and a second region, each region containing a first-type impurity; the first insulating layer provided between the first region and the second region in the semiconductor substrate; a first contact provided on the first region; and a second contact provided on the second region. The rationale for this obvious modification is that source/drain features and via contacts provide are very well-known for setting a voltage across the channel. This would have been apparent to a person having ordinary skill in the art in reading both references because the existence and benefits of NMOS S/D features are well known in the art (see MPEP 2144.01). Although Lim in view of Hsu and Park discloses much of the claimed invention, it does not explicitly teach the device comprising a third contact provided on the third conductive layer of the first gate electrode, the third contact penetrating through the second insulating layer and the third insulating layer. Nonetheless the prior art at the time the application was filed renders such non-explicit feature differences obvious, as explained below. PNG media_image4.png 298 460 media_image4.png Greyscale For example, Melde (US # 9842845) is in the same or analogous field, and it teaches a device (110; see Fig. 2 and corresponding text) comprising a third contact (central feature of set of features 137c) provided on a conductive layer (polysilicon, amorphous silicon, an electrode metal and the like, and also including work-function adjusting layers) of a first gate electrode (gate electrode 116), the third contact penetrating through an overlying protective layer (ILD). A person having ordinary skill in the art would have recognized that modifying the interconnections of Lim in view of Hsu and Park with the gate plug suggested by Melde would be obvious. Specifically, the modification suggested by Melde would be to employ a device comprising a third contact provided on the third conductive layer of the first gate electrode, the third contact penetrating through the second insulating layer and the third insulating layer. The rationale for this obvious modification is that a gate plug provides interconnection to the gate so that a bias can switch the channel on/off. This would have been apparent to a person having ordinary skill in the art in reading both references because the existence and benefits of gate plugs are well known in the art (see MPEP 2144.01). Regarding Claim 2, Hsu, as applied to claim 1, does not teach the device according to claim 1, wherein the second insulating layer is thinner than the third insulating layer. Although does not teach this limitation explicitly, the examiner finds this obvious as it is a mere change of relative size. See MPEP 2144.04 also citing to In Gardnerv.TEC Syst., Inc., (725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984)), where the Federal Circuit held that, where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device. The mere carrying forward of a prior-art conception involving only change of form, proportions, or degree, or the substitution of equivalents doing the same thing as the original invention, by substantially the same means, is not such an invention as will sustain a patent, even though the changes of the kind may produce better results than prior inventions (In re Williams, 36 F.2d 436, 438 (CCPA 1929)). When there is a design need or market pressure to solve a problem and there are a finite number of identified, predictable solutions, a person of ordinary skill has good reason to pursue the known options within his or her technical grasp. If this leads to the anticipated success, it is likely the product not of innovation but of ordinary skill and common sense. See KSR International Co. v. Teleflex Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007) & MPEP 2144.05. Regarding Claim 3, Hsu, as applied to claim 1, teaches the semiconductor device according to claim 1, wherein the second insulating layer (16) is configured to prevent oxidation of the third conductive layer (see col. 2, first paragraph). Regarding Claim 4, Lim teaches the semiconductor device according to claim 1, wherein the first semiconductor layer contains polysilicon doped with the first-type impurity ([0050] teaches N-type impurity such as phosphorous). Regarding Claim 5, this claim is essentially a repeat of claim 1, except for a PMOS structure instead of NMOS, and Lim in view of Hsu and further in view of Park and Melde teach the same device except for a PMOS (the same teachings include either p-type or n-type structures). Regarding Claim 6, this claim is essentially a repeat of claim 2. It is rejected with essentially the same reasoning. Regarding Claim 7, this claim is essentially a repeat of claim 3. It is rejected with essentially the same reasoning. Regarding Claim 8, this claim is essentially a repeat of claim 4. It is rejected with essentially the same reasoning. Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Lim (US # 20080157383) in view of Hsu (US # 5796151) and further in view of Park (US # 20010035557), Melde (US # 9842845), and Yang (US # 20210225870). Regarding Claim 15, Lim in view of Hsu, Park, and Melde render obvious the device according to claim 1. Although Lim in view of Hsu, Park, and Melde discloses much of the claimed invention, it does not explicitly teach a semiconductor memory device, comprising: a memory cell array; and a peripheral circuit having the semiconductor device according to claim 1. Nonetheless the prior art at the time the application was filed renders such non-explicit feature differences obvious, as explained below. PNG media_image5.png 496 746 media_image5.png Greyscale For example, Yang is in the same or analogous field, and it teaches a semiconductor memory device, comprising: a memory cell array (CS); and a peripheral circuit (PS). A person having ordinary skill in the art would have recognized that modifying the device of Lim in view of Hsu, Park, and Melde with the memory & peripheral circuit configuration suggested by Yang would be obvious. Specifically, the modification suggested by Yang would be to employ a semiconductor memory device, comprising: a memory cell array; and a peripheral circuit having the semiconductor device according to claim 1. The rationale for this obvious modification is that a configuration of memory cells with peripheral circuit provides a known way of controlling the memory cells for reading/writing/erasing. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER A JOHNSON whose telephone number is (571)272-9475. The examiner can normally be reached normally working Monday to Friday between 9 am and 6 pm Eastern Time. 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, Brent Fairbanks can be reached on (408) 918-7532. 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. /CHRISTOPHER A JOHNSON/ Primary Examiner, Art Unit 2899
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Prosecution Timeline

Mar 08, 2023
Application Filed
Jan 05, 2026
Non-Final Rejection — §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12604470
MEMORY DEVICE AND METHOD OF MANUFACTURING THE SAME
2y 5m to grant Granted Apr 14, 2026
Patent 12604471
SEMICONDUCTOR MEMORY DEVICE AND MANUFACTURING METHOD OF SEMICONDUCTOR MEMORY DEVICE
2y 5m to grant Granted Apr 14, 2026
Patent 12598742
Memory Array Comprising Strings Of Memory Cells And Method Used In Forming A Memory Array Comprising Strings Of Memory Cells
2y 5m to grant Granted Apr 07, 2026
Patent 12598751
SEMICONDUCTOR DEVICES AND DATA STORAGE SYSTEMS INCLUDING THE SAME
2y 5m to grant Granted Apr 07, 2026
Patent 12592281
SEMICONDUCTOR DEVICES AND ELECTRONIC SYSTEMS INCLUDING THE SAME
2y 5m to grant Granted Mar 31, 2026
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
84%
Grant Probability
92%
With Interview (+8.6%)
2y 5m
Median Time to Grant
Low
PTA Risk
Based on 542 resolved cases by this examiner. Grant probability derived from career allow rate.

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