Prosecution Insights
Last updated: May 29, 2026
Application No. 18/180,792

SEMICONDUCTOR DEVICE

Non-Final OA §102§103
Filed
Mar 08, 2023
Priority
Jun 30, 2022 — JP 2022-106076
Examiner
RAHIM, NILUFA
Art Unit
2893
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Kioxia Corporation
OA Round
1 (Non-Final)
83%
Grant Probability
Favorable
1-2
OA Rounds
0m
Est. Remaining
82%
With Interview

Examiner Intelligence

Grants 83% — above average
83%
Career Allowance Rate
382 granted / 459 resolved
+15.2% vs TC avg
Minimal -1% lift
Without
With
+-1.4%
Interview Lift
resolved cases with interview
Typical timeline
2y 3m
Avg Prosecution
30 currently pending
Career history
495
Total Applications
across all art units

Statute-Specific Performance

§101
0.3%
-39.7% vs TC avg
§103
84.7%
+44.7% vs TC avg
§102
9.8%
-30.2% vs TC avg
§112
3.8%
-36.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 459 resolved cases

Office Action

§102 §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 Applicant’s election without traverse of Species I, reading on claims 1, 2, 6, 7, 9-13, 15-17, 19 and 20 in the reply filed on 04/17/2026 is acknowledged. Claim 18 has been canceled. Claims 3-5, 8, 14 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 04/17/2026. 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. Claim(s) 1, 2, 11 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wada et al. (US 20210082921 A1; hereinafter “Wada”) (Wada has been listed in the 03/08/2023 IDS). In re claim 1, Wada discloses in figs. 1-3, a semiconductor device comprising: a first insulating layer 25 and a second insulating layer 23 arranged in a first direction Z (¶82); a first conductive layer 14 disposed between the first insulating layer and the second insulating layer (¶82); an oxide semiconductor layer 13 extending in the first direction Z, the oxide semiconductor layer 13 being opposed to the first insulating layer 25, the second insulating layer 23, and the first conductive layer 14 in a second direction Y intersecting with the first direction Z (¶37-38); and a third insulating layer 15 disposed between the first insulating layer 25 and the oxide semiconductor layer 13, between the second insulating layer 23 and the oxide semiconductor layer 13, and between the first conductive layer 14 and the oxide semiconductor layer 13 (¶33), wherein the third insulating layer 15 includes: a first part (e.g., an upper portion of 15; hereinafter “P11”) that covers at least a part of a side surface in the second direction Y of the first insulating layer 25; and a second part (e.g., a lower portion of 15; hereinafter “P12”) that covers at least a part of side surfaces in the second direction Y of the second insulating layer 23 and the first conductive layer 14, and a first region 17 extending in a direction Y different from an extending direction Z of the first part P11 and an extending direction of the second part P12 is disposed between a region corresponding to the first part P11 and a region corresponding to the second part P12, and is in contact with the third insulating layer 15 and the oxide semiconductor layer 13 (¶33). In re claim 2, Wada discloses in figs. 1-3, the semiconductor device according to claim 1, wherein the oxide semiconductor layer 13 includes: a first semiconductor region (e.g., an upper portion of the OS layer 13 adjacent to insulating layer 25 and oxide layer 17; hereinafter “OS1”) having an outer peripheral surface surrounded by the first part of the third insulating layer P11; and a second semiconductor region (e.g., the remaining portion of the OS layer 13 adjacent to insulating layers 24, 23, conductor 14 and drain electrode 12; hereinafter “OS2”) having an outer peripheral surface surrounded by the second part of the third insulating layer P12, and when a width in the second direction Y of an end portion of the first semiconductor region (e.g., an end portion of OS1 adjacent to oxide layer 17) is assumed to be a first width (e.g., W1), the end portion of the first semiconductor region (i.e., the end portion of OS1 adjacent to oxide layer 17) being in contact with the second semiconductor region OS2; and when a width in the second direction Y of an end portion of the second semiconductor region (e.g., portion of OS layer 13 adjacent to electrode 24) is assumed to be a second width (e.g., W2), the end portion of the second semiconductor region OS2 being in contact with the first semiconductor region, the first width W1 is smaller than the second width W2. In re claim 11, Wada discloses in figs. 1-3, the semiconductor device according to claim 1, comprising a second conductive layer 12 connected to one end portion in the first direction Z of the oxide semiconductor layer 13, wherein the second conductive layer 12 contains indium (In) and tin (Sn) (¶34). Claim Rejections - 35 USC § 103 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(s) 6-7, 9-10, 12-13, 15-17, 19-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wada as applied to claim 1 above, and further in view of Colinge et al. (US 20140225184 A1; hereinafter “Colinge”). In re claim 6, Wada discloses in figs. 1-3, the semiconductor device according to claim 1 outlined above. Wada does not expressly disclose the device comprising a fourth insulating layer disposed between the first insulating layer and the third insulating layer, the fourth insulating layer having at least one of a material different from a material of the first insulating layer or a film density different from a film density of the first insulating layer. In the same field of endeavor, Colinge discloses in figs. 2A-2G, a semiconductor device comprising a fourth insulating layer 42 disposed between an first insulating layer 40 and a third insulating layer 38 (¶22), the fourth insulating layer 42 having at least one of a material different from a material of the first insulating layer 40 (¶21, 28; Non-permeable layer 42 is formed of silicon nitride and dielectric layer 40 comprises silicon oxide (SiO.sub.2),) or a film density different from a film density of the first insulating layer. It 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 to form a fourth insulating layer disposed between the first insulating layer and the third insulating layer in Wada to prevent oxygen from penetrating during local oxidation and hence protect the channel layer (¶23 of Colinge). In re claim 7, Wada as modified by Colinge discloses the semiconductor device according to claim 6. Wada further discloses in fig. 1-3, wherein an opposed surface of the first insulating layer (Wada: layer 25) to the oxide semiconductor layer 13 is not in contact with the third insulating layer 15. In re claim 9, Wada as modified by Colinge discloses the semiconductor device according to claim 6. Wada further discloses in fig. 1-3, wherein the second insulating layer 23 and the first conductive layer 14 are in contact with the third insulating layer 15. In re claim 10, Wada as modified by Colinge discloses the semiconductor device according to claim 6, wherein the fourth insulating layer (Colinge: layer 42 in fig. 2G) surrounds an outer peripheral surface of the third insulating layer (Wada: 15 in fig. 3) in a first cross-sectional surface (X-Y surface) that extends in the second direction Y and a third direction X intersecting with the first direction Z and the second direction Y and includes the first insulating layer (Wada: 25 in fig. 3). In re claim 12, Wada discloses in figs. 1-3, a semiconductor device comprising: a first insulating layer 25 and a second insulating layer 23 arranged in a first direction Z (¶82); a first conductive layer 14 disposed between the first insulating layer and the second insulating layer (¶82); an oxide semiconductor layer 13 extending in the first direction Z, the oxide semiconductor layer 13 being opposed to the first insulating layer 25, the second insulating layer 23, and the first conductive layer 14 in a second direction Y intersecting with the first direction Z (¶37-38); and a third insulating layer 15 disposed between the first insulating layer 25 and the oxide semiconductor layer 13, between the second insulating layer 23 and the oxide semiconductor layer 13, and between the first conductive layer 14 and the oxide semiconductor layer 13 (¶33). Wada does not expressly disclose the device comprising a fourth insulating layer disposed between the first insulating layer and the third insulating layer, the fourth insulating layer having at least one of a material different from a material of the first insulating layer or a film density different from a film density of the first insulating layer. In the same field of endeavor, Colinge discloses in figs. 2A-2G, a semiconductor device comprising a fourth insulating layer 42 disposed between an first insulating layer 40 and a third insulating layer 38 (¶22), the fourth insulating layer 42 having at least one of a material different from a material of the first insulating layer 40 (¶21, 28; Non-permeable layer 42 is formed of silicon nitride and dielectric layer 40 comprises silicon oxide (SiO.sub.2),) or a film density different from a film density of the first insulating layer. It 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 to form a fourth insulating layer disposed between the first insulating layer and the third insulating layer in Wada to prevent oxygen from penetrating during local oxidation and hence protect the channel layer (¶23 of Colinge). In re claim 13, Wada as modified by Colinge discloses the semiconductor device according to claim 12. Wada further discloses in fig. 1-3, wherein an opposed surface of the first insulating layer (Wada: layer 25) to the oxide semiconductor layer 13 is not in contact with the third insulating layer 15. In re claim 15, Wada as modified by Colinge discloses the semiconductor device according to claim 12. Wada further discloses in fig. 1-3, wherein the second insulating layer 23 and the first conductive layer 14 are in contact with the third insulating layer 15. In re claim 16, Wada as modified by Colinge discloses the semiconductor device according to claim 12. Regarding the claim limitation “wherein the first insulating layer and the fourth insulating layer contain silicon (Si) and oxygen (O), and the film density of the first insulating layer differs from the film density of the fourth insulating layer” becomes optional, because claim 12 recites two alternate limitations for materials of the first insulating layer and the fourth insulating layer can be different. For example, either the fourth insulating layer having at least one of a material different from a material of the first insulating layer or a film density different from a film density of the first insulating layer. Because Wada as modified by Colinge discloses the fourth insulating layer having at least one of a material different from a material of the first insulating layer, the further narrow limitation of the alternative limitation becomes optional. In re claim 17, Wada as modified by Colinge discloses the semiconductor device according to claim 12. Wada further discloses in figs. 1-3, the semiconductor device according to claim 12, wherein the oxide semiconductor layer 13 includes: a first semiconductor region (e.g., an upper portion of the OS layer 13 adjacent to insulating layer 25 and oxide layer 17; hereinafter “OS1”) having an outer peripheral surface surrounded by the first part of the third insulating layer P11; and a second semiconductor region (e.g., the remaining portion of the OS layer 13 adjacent to insulating layers 24, 23, conductor 14 and drain electrode 12; hereinafter “OS2”) having an outer peripheral surface surrounded by the second part of the third insulating layer P12, and when a width in the second direction Y of an end portion of the first semiconductor region (e.g., an end portion of OS1 adjacent to oxide layer 17) is assumed to be a first width (e.g., W1), the end portion of the first semiconductor region (i.e., the end portion of OS1 adjacent to oxide layer 17) being in contact with the second semiconductor region OS2; and when a width in the second direction Y of an end portion of the second semiconductor region (e.g., portion of OS layer 13 adjacent to electrode 24) is assumed to be a second width (e.g., W2), the end portion of the second semiconductor region OS2 being in contact with the first semiconductor region, the first width W1 is smaller than the second width W2. In re claim 19, Wada as modified by Colinge discloses the semiconductor device according to claim 12, wherein the fourth insulating layer (Colinge: layer 42 in fig. 2G) surrounds an outer peripheral surface of the third insulating layer (Wada: 15 in fig. 3) in a first cross-sectional surface (X-Y surface) that extends in the second direction Y and a third direction X intersecting with the first direction Z and the second direction Y and includes the first insulating layer (Wada: 25 in fig. 3). In re claim 20, Wada as modified by Colinge discloses the semiconductor device according to claim 12. Wada further discloses in figs. 1-3, the semiconductor device according to claim 12, comprising a second conductive layer 12 connected to one end portion in the first direction Z of the oxide semiconductor layer 13, wherein the second conductive layer 12 contains indium (In) and tin (Sn) (¶34). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to NILUFA RAHIM whose telephone number is (571)272-8926. The examiner can normally be reached M-F 9am-5:30pm 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, Yara J. Green can be reached at (571) 270-3035. 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. /NILUFA RAHIM/Primary Examiner, Art Unit 2893
Read full office action

Prosecution Timeline

Mar 08, 2023
Application Filed
May 15, 2026
Non-Final Rejection mailed — §102, §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12638492
SEMICONDUCTOR PACKAGE AND METHOD OF TESTING THE SAME
3y 9m to grant Granted May 26, 2026
Patent 12641898
IMAGE SENSOR AND IMAGING DEVICE
3y 1m to grant Granted May 26, 2026
Patent 12635279
IMAGE SENSOR AND ELECTRONIC SYSTEM INCLUDING THE SAME
3y 1m to grant Granted May 19, 2026
Patent 12628508
DISPLAY SUBSTRATE, METHOD FOR MANUFACTURING SAME AND DISPLAY DEVICE
3y 7m to grant Granted May 12, 2026
Patent 12622179
MAGNETIC FIELD-FREE SPIN-ORBIT TORQUE SWITCHING DEVICE USING SAPPHIRE MISCUT SUBSTRATE
3y 6m to grant Granted May 05, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

Strategy Recommendation AI-generated — please review before filing

Get a prosecution strategy drawn from examiner precedents, rejection analysis, and claim mapping.
Typically takes 5-10 seconds — AI-generated, attorney review required before filing

Prosecution Projections

1-2
Expected OA Rounds
83%
Grant Probability
82%
With Interview (-1.4%)
2y 3m (~0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 459 resolved cases by this examiner. Grant probability derived from career allowance rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month