Prosecution Insights
Last updated: April 19, 2026
Application No. 18/184,078

MEMORY DEVICE AND METHOD FOR FORMING THE SAME

Final Rejection §102
Filed
Mar 15, 2023
Examiner
PETERSON, ERIK T
Art Unit
2898
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Macronix International Co. Ltd.
OA Round
2 (Final)
77%
Grant Probability
Favorable
3-4
OA Rounds
2y 8m
To Grant
89%
With Interview

Examiner Intelligence

Grants 77% — above average
77%
Career Allow Rate
271 granted / 353 resolved
+8.8% vs TC avg
Moderate +12% lift
Without
With
+12.0%
Interview Lift
resolved cases with interview
Typical timeline
2y 8m
Avg Prosecution
40 currently pending
Career history
393
Total Applications
across all art units

Statute-Specific Performance

§101
0.3%
-39.7% vs TC avg
§103
39.3%
-0.7% vs TC avg
§102
24.7%
-15.3% vs TC avg
§112
29.7%
-10.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 353 resolved cases

Office Action

§102
DETAILED ACTION This action is responsive to the amendment filed October 7, 2025. The amendment has been entered. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Claim Rejections - 35 USC § 102 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)(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 1-2, 4-7, and 10 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Lee et al. (US 2023/0284450, newly cited) (Re Claim 1) Lee teaches an integrated circuit (IC) structure, comprising (see Figs. 5B-6B): a plurality of semiconductor devices (PTR) on a substrate, substrate (10); an inter-layer dielectric (ILD 51) structure over the semiconductor devices; an interconnect (PLP, PCP) in the ILD structure and electrically connected to the semiconductor devices; a first dielectric layer (53 or 55, ¶62) over the ILD structure; an etching barrier layer (SE) on the first dielectric layer; a conductive layer (SC or SC+SP, ¶67) on the etching barrier layer; a plurality of memory units stacked in a vertical direction over the etching barrier layer (memory array in ST1, ST2); and a dielectric material (DSP or just BLK) disposed within a vertical channel opening of the plurality of memory units, the dielectric material being in contact with the etching barrier layer (Figs. 5B, 6A), the dielectric material having a stepped sidewall structure comprising an upper portion with an upper sidewall and a lower portion with a lower sidewall horizontally offset from the upper sidewall, and a horizontal surface connecting the lower sidewall to the upper sidewall, the upper portion tapering inward toward the horizontal surface and the lower portion flaring outward toward the horizontal surface (see Fig. 6B). (Re Claim 2) wherein the etching barrier layer is made of a different material than the first dielectric layer (¶¶62, 66, 102). (Re Claim 4) wherein the etching barrier layer comprises tungsten, titanium, titanium nitride, or combinations thereof (¶102). (Re Claim 5) wherein the etching barrier layer is made of metal oxide (¶66, 102). (Re Claim 6) wherein the etching barrier layer is made of a same material as the conductive layer and has a thicker thickness than the conductive layer (see Figs. 5B, 6A, ¶¶66-67, e.g. doped polysilicon). (Re Claim 7) further comprising: a second dielectric layer (Fig. 6A, CIL, ¶85) sandwiched between the etching barrier layer and the conductive layer. (Re Claim 10) a source line extending upwardly from the conductive layer and electrically connected to the memory units, wherein the etching barrier layer further laterally extends between the semiconductor devices and the source line (see Figs. 1 and 14, the source line is unlabeled in Fig. 14, second from right, extending upwardly from SP). Second rejection with alternative mapping Claims 1-3 and 7-9 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Lee et al. (US 2023/0284450, newly cited). (Re Claim 1) Lee teaches an integrated circuit (IC) structure, comprising (see Figs. 5B-6B): a plurality of semiconductor devices (PTR) on a substrate, substrate (10); an inter-layer dielectric (ILD 51) structure over the semiconductor devices; an interconnect (PLP, PCP) in the ILD structure and electrically connected to the semiconductor devices; a first dielectric layer (53 or 55, ¶62) over the ILD structure; an etching barrier layer (SP) on the first dielectric layer; a conductive layer (GE1, ¶72) on the etching barrier layer; a plurality of memory units stacked in a vertical direction over the etching barrier layer (memory array in ST1, ST2); and a dielectric material (DSP or just BLK) disposed within a vertical channel opening of the plurality of memory units, the dielectric material being in contact with the etching barrier layer (Figs. 5B, 6A), the dielectric material having a stepped sidewall structure comprising an upper portion with an upper sidewall and a lower portion with a lower sidewall horizontally offset from the upper sidewall, and a horizontal surface connecting the lower sidewall to the upper sidewall, the upper portion tapering inward toward the horizontal surface and the lower portion flaring outward toward the horizontal surface (see Fig. 6B). (Re Claim 2) wherein the etching barrier layer is made of a different material than the first dielectric layer (¶¶106, 62). (Re Claim 3) wherein the etching barrier layer is made of a carbon-containing material (¶106). (Re Claim 7) further comprising: a second dielectric layer (ILD1, ¶109) sandwiched between the etching barrier layer and the conductive layer. (Re Claim 8) wherein the second dielectric layer is made of a same material as the first dielectric layer and different than the etching barrier layer (¶¶62,106,109, first dielectric may be silicon oxide). (Re Claim 9) wherein the second dielectric layer is made of a different material than the first dielectric layer and the etching barrier layer (¶¶62,106,109, first dielectric may be silicon nitride). Response to Arguments Applicant’s arguments have been considered but are moot in view of the new grounds of rejection necessitated by amendment. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The additional cited art teaches related memory devices having a plurality of insulating, conductive, and etch stop layers between the peripheral circuit devices and the memory cell array. 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 ERIK T. K. PETERSON whose telephone number is (571)272-3997. The examiner can normally be reached M-F, 9-5 pm (CST). 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, Jessica Manno can be reached at 571-272-2339. 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. /ERIK T. K. PETERSON/ Primary Examiner, Art Unit 2898
Read full office action

Prosecution Timeline

Mar 15, 2023
Application Filed
Jul 30, 2025
Non-Final Rejection — §102
Sep 16, 2025
Applicant Interview (Telephonic)
Sep 16, 2025
Examiner Interview Summary
Oct 07, 2025
Response Filed
Jan 09, 2026
Final Rejection — §102 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12593495
Semiconductor Device and Method of Manufacture
2y 5m to grant Granted Mar 31, 2026
Patent 12591325
DISPLAY DEVICE INCLUDING A FINGER PRINT SENSOR
2y 5m to grant Granted Mar 31, 2026
Patent 12575374
METHOD OF PREPARING A STRUCTURED SUBSTRATE FOR DIRECT BONDING
2y 5m to grant Granted Mar 10, 2026
Patent 12568750
DISPLAY PANEL AND DISPLAY DEVICE
2y 5m to grant Granted Mar 03, 2026
Patent 12564068
Carbon Assisted Semiconductor Dicing And Method
2y 5m to grant Granted Feb 24, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

AI Strategy Recommendation

Get an AI-powered prosecution strategy using examiner precedents, rejection analysis, and claim mapping.
Powered by AI — typically takes 5-10 seconds

Prosecution Projections

3-4
Expected OA Rounds
77%
Grant Probability
89%
With Interview (+12.0%)
2y 8m
Median Time to Grant
Moderate
PTA Risk
Based on 353 resolved cases by this examiner. Grant probability derived from career allow 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