Prosecution Insights
Last updated: April 19, 2026
Application No. 18/219,394

SEMICONDUCTOR PACKAGE AND METHOD OF FABRICATING THE SAME

Non-Final OA §103
Filed
Jul 07, 2023
Examiner
GREEN, TELLY D
Art Unit
2898
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Samsung Electronics Co., Ltd.
OA Round
1 (Non-Final)
82%
Grant Probability
Favorable
1-2
OA Rounds
2y 5m
To Grant
85%
With Interview

Examiner Intelligence

Grants 82% — above average
82%
Career Allow Rate
1044 granted / 1280 resolved
+13.6% vs TC avg
Minimal +4% lift
Without
With
+3.7%
Interview Lift
resolved cases with interview
Typical timeline
2y 5m
Avg Prosecution
48 currently pending
Career history
1328
Total Applications
across all art units

Statute-Specific Performance

§101
0.4%
-39.6% vs TC avg
§103
54.2%
+14.2% vs TC avg
§102
25.3%
-14.7% vs TC avg
§112
12.9%
-27.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1280 resolved cases

Office Action

§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 Group I, claims 1-15 and 21 in the reply filed on February 4, 2026 is acknowledged. Claims 16-20 have been cancelled by the Applicant. Applicant’s arguments, see pages 1-3, filed February 4, 2026, with respect to the election requirement between Species 1 and 2 have been fully considered and are persuasive. The restriction between Species 1 and 2 of December 23, 2025 has been withdrawn. Action on the merits is as follows: 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. Claim(s) 1, 3, 4, 6, 10-12 and 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chen et al. (Chen) (US 2022/0093564 A1) in view of Song et al. (Song) (US 2022/0200735 A1 now US 11,444,068 B2). In regard to claim 1, Chen (Figs. 1, 3L, 6, 7, 8, 10 and associated text and items) discloses a semiconductor package (Figs. 1, 3L, 6, 7, 8, 10), comprising: an interconnect structure [power delivery network] (item 100); a first semiconductor chip (item 120) disposed on a top surface of the interconnect structure [power delivery network] (item 100), the first semiconductor chip (item 120) having a first surface (top surface of item 120) and a second surface (bottom surface of item 120) that are opposite to each other; a second semiconductor chip (item 110) disposed on the top surface of the power delivery network (item 100) and horizontally spaced apart from the first semiconductor chip (item 120), the second semiconductor chip (item 110) having a third surface (top surface of item 110) and a fourth surface (bottom surface of item 110) that are opposite to each other; a first chip stack (item 150) disposed on the first surface of the first semiconductor chip stack (item 120); and a second chip stack (item 140 or 144a-144d) disposed on the third surface (top surface of item 110) of the second semiconductor chip (item 110), wherein: the first surface (top surface of item 120) of the first semiconductor chip (item 120) is an active surface of the first semiconductor chip (item 120), the third surface (top surface of item 110) of the second semiconductor chip (item 110) is an active surface of the second semiconductor chip (item 110), the first chip stack (item 150) includes third semiconductor chips (items 152a-152d) stacked on the first surface of the first semiconductor chip (item 120), each of the third semiconductor chips (items 152a-152d) is disposed such that an active surface thereof faces the first semiconductor chip (item 120), and the first chip stack (item 150) and the second semiconductor chip (item 110) are electrically connected to each other through the interconnect structure [power delivery network] (item 100), but does not specifically disclose a power delivery network. Song (Fig. 8 and associated text) discloses a power delivery network (item 450). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date to incorporate the teachings of Song for the purpose of providing/delivering power. In regard to claim 3, Chen (Figs. 1, 3L, 6, 7, 8, 10 and associated text and items) as modified by Song (Fig. 8 and associated text) discloses wherein the top surface of the power delivery network is (item 100, Chen, item 450, Song) in direct contact with the second surface (bottom surface of item 120) of the first semiconductor chip (item 120) and the fourth surface (bottom surface of item 110) of the second semiconductor chip (item 110). In regard to claim 4, Chen (Figs. 1, 3L, 6, 7, 8, 10 and associated text and items) as modified by Song (Fig. 8 and associated text) discloses wherein: the first semiconductor chip (item 120) includes a first chip pad (items P1, P2 or top portions of V1, Figs. 4, 5) adjacent to the first surface, each of the third semiconductor chips (items 152a-152d) includes a second chip pad (item P) adjacent to a bottom surface of each of the third semiconductor chips (items 152a-152d), and the first chip pad (item P1, P2 or top portion of V1) of the first semiconductor chip and the second chip pad (item P) of a lowermost one of the third semiconductor chips (items 152a-152d) are bonded to each other. Examiner has not given a special definition to the term “bonded”, therefore certain features can be “directly” or “indirectly” bonded. In regard to claim 6, Chen (Figs. 1, 3L, 6, 7, 8, 10 and associated text and items) as modified by Song (Fig. 8 and associated text) discloses wherein adjacent ones of the third semiconductor chips (items 152a-152d) are in direct contact with each other. In regard to claim 10, Chen (Figs. 1, 3L, 6, 7, 8, 10 and associated text and items) as modified by Song (Fig. 8 and associated text) discloses wherein the power delivery network (item 450) includes conductive interconnection lines (items 104a, 104b, 108, Chen, shown but not labeled, Song) and an interconnection insulating layer (item 102, Chen, shown but not labeled, Song). In regard to claim 11, Chen (Figs. 1, 3L, 6, 7, 8, 10 and associated text and items) as modified by Song (Fig. 8 and associated text) discloses wherein the conductive interconnection lines (items 104a, 104b, 108, Chen, shown but not labeled, Song) include a metallic material (paragraphs 25, 26, copper or other suitable metal, Chen) , and the interconnection insulating layer (item 102) includes at least one of a silicon oxide layer, a silicon nitride layer, a silicon oxynitride layer, or low-k dielectric layers (paragraph 25, Chen). In regard to claim 12, Chen (Figs. 1, 3L, 6, 7, 8, 10 and associated text and items) as modified by Song (Fig. 8 and associated text) discloses wherein the power delivery network (item 100, Chen, item 450, Song) further includes outer terminals (item 188, Chen, items 492, 490) on a bottom surface of the power delivery network (item 100, Chen, item 450, Song). In regard to claim 21, Chen (Figs. 1, 3L, 6, 7, 8, 10 and associated text and items) discloses wherein the second chip stack (item 140) includes at least one dummy chip (items 144a-144d). Claim(s) 2, 4, 5, 7-9 and 13-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chen et al. (Chen) (US 2022/0093564 A1) in view of Song et al. (Song) (US 2022/0200735 A1 now US 11,444,068 B2) as applied to claims 1, 3, 6, 10-12 and 21 above, and further in view of Hu et al. (Hu) (US 2020/0343218 A1). In regard to claim 2, Chen (Figs. 1, 3L, 6, 7, 8, 10 and associated text and items) as modified by Song (Fig. 8 and associated text) does not specifically disclose further comprising an upper silicon substrate on the first chip stack and the second chip stack. Hu (Figs. 1, 3, 4, 5, 10, 11, 12 and associated text) discloses further comprising an upper silicon substrate (item S, 400, paragraphs 13, 88) on the first chip stack and the second chip stack. Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date to incorporate the teachings of Hu for the purpose of protection/device free cover member or device containing cover member. In regard to claim 4, Chen (Figs. 1, 3L, 6, 7, 8, 10 and associated text and items) as modified by Song (Fig. 8 and associated text) discloses wherein: the first semiconductor chip (item 120) includes a first chip pad (items P1, P2 or top portions of V1, Figs. 4, 5) adjacent to the first surface, each of the third semiconductor chips (items 152a-152d) includes a second chip pad (item P) adjacent to a bottom surface of each of the third semiconductor chips (items 152a-152d), and the first chip pad (item P1, P2 or top portion of V1) of the first semiconductor chip and the second chip pad (item P) of a lowermost one of the third semiconductor chips (items 152a-152d) are bonded to each other. Hu ((Figs. 1, 3, 4, 5, 10, 11, 12 and associated text) discloses wherein: the first semiconductor chip (lowermost items C1, C2 or C3) includes a first chip pad (items BP11, BP12, BP21, BP22, BP31 of lowermost C1, C2 or C3) adjacent to the first surface (top surface of lowermost items C1, C2 or C3), each of the third semiconductor chips (middle to top items C1, C2 or C3) includes a second chip pad (items BP11, BP12, BP21, BP22, BP31) adjacent to a bottom surface of each of the third semiconductor chips (middle to top items C1, C2 or C3), and the first chip pad (items BP11, BP12, BP21, BP22, BP31 of lowermost C1, C2 or C3) of the first semiconductor chip (lowermost items C1, C2 or C3) and the second chip pad (items BP11, BP12, BP21, BP22, BP31) of a lowermost one of the third semiconductor chips (middle items C1, C2 or C3) are directly bonded to each other. Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date to incorporate the teachings of Hu for the purpose of an electrical connection. In regard to claim 5, Chen (Figs. 1, 3L, 6, 7, 8, 10 and associated text and items) as modified by Song (Fig. 8 and associated text) and Hu ((Figs. 1, 3, 4, 5, 10, 11, 12 and associated text) discloses wherein the first chip pad (items P1, P2 or top portions of V1, Figs. 4, 5, Chen, items BP11, BP12, BP21, BP22, BP31 of lowermost C1, C2 or C3) and the second chip pad (item P, Chen, items BP11, BP12, BP21, BP22, BP31 of middle item C1, C2, or C3) form a single object that is formed of the same metallic material. In regard to claim 7, Chen (Figs. 1, 3L, 6, 7, 8, 10 and associated text and items) as modified by Song (Fig. 8 and associated text) discloses wherein: the first semiconductor chip (item 120) includes a first via (item V1) penetrating a portion of the first semiconductor chip (item 120), each of the third semiconductor chips (items 152a-152d) includes a third via (item V2, Fig. 3G) penetrating a portion of each of the third semiconductor chips (items 152a-152d), but does not specifically disclose the second semiconductor chip includes a second via penetrating a portion of the second semiconductor chip. Hu (Figs. 1, 3, 4, 5, 10, 11, 12 and associated text) discloses the second semiconductor chip includes a second via (items TSV1, TSV2, BV11, BV21 or BV31) penetrating a portion of the second semiconductor chip (lowermost items C1, C2 or C3). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date to incorporate the teachings of Hu for the purpose of an electrical connection. Chen as modified by Song and Hu does not specifically disclose a diameter of the third via is larger than each of a diameter of the first via and a diameter of the second via. It would have been obvious to modify the invention to include a diameter of the third via being larger than each of a diameter of the first via and a diameter of the second via, since such a modification would have involved a mere change in the size/shape of a component. A change in size/shape is generally recognized as being within the level of ordinary skill in the art (In re Rose, 105 USPQ 237 (CCPA 1955)). It would have also been obvious to one having ordinary skill in the art at the time of the invention to modify the invention to include a diameter of the third via being larger than each of a diameter of the first via and a diameter of the second via, since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art (In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980)). In regards to claim 8, Chen as modified by Song and Hu does not specifically disclose The semiconductor package as claimed in claim 7, wherein a length of the third via is larger than a length of the first via and a length of the second via. It would have been obvious to modify the invention to include a length of the third via being larger than a length of the first via and a length of the second via, since such a modification would have involved a mere change in the size/shape of a component. A change in size/shape is generally recognized as being within the level of ordinary skill in the art (In re Rose, 105 USPQ 237 (CCPA 1955)). It would have also been obvious to one having ordinary skill in the art at the time of the invention to modify the invention to include a length of the third via being larger than a length of the first via and a length of the second via, since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art (In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980)). In regard to claim 9, Chen (Figs. 1, 3L, 6, 7, 8, 10 and associated text and items) as modified by Song (Fig. 8 and associated text) and Hu (Figs. 1, 3, 4, 5, 10, 11, 12 and associated text) discloses wherein the power delivery network (item 100, Chen, item 450, Song) includes conductive interconnection lines (items 104a, 104b, 108, Chen, shown but not labeled, Song) and an interconnection insulating layer (item 102, Chen, shown but not labeled, Song, item BDLi), and each of the first and second vias (items TSV1, TSV2, BV11, BV21 or BV31, Hu) is in direct contact with a corresponding one of the conductive interconnection lines (items 104a, 104b, 108, Chen, shown but not labeled, Song, items BVia, BVib, BVic, BPia, BPib, Bpic, Hu). In regards to claim 13, Chen (Figs. 1, 3L, 6, 7, 8, 10 and associated text and items) discloses a semiconductor package (Figs. 1, 3L, 6, 7, 8, 10), comprising: a first semiconductor chip (item 120) having a first surface (top surface of item 120) and a second surface (bottom surface of item 120), which are opposite to each other, the first surface (top surface of item 120) being an active surface of the first semiconductor chip (item 120); a second semiconductor chip (item 110) horizontally spaced apart from the first semiconductor chip (item 120), the second semiconductor chip (item 110) having a third surface (top surface of item 110) and a fourth surface (bottom surface of item 110), which are opposite to each other, the third surface (top surface of item 110) being an active surface of the second semiconductor chip (item 110); an interconnect structure [a power delivery network] (item 100) in direct contact with the second surface (bottom surface of item 120) of the first semiconductor chip (item 120) and the fourth surface (bottom surface of item 110) of the second semiconductor chip (item 110); third semiconductor chips (items 152a-152d) vertically stacked on the first surface (top surface of item 120) of the first semiconductor chip (item 120); dummy chips (items 140 or 144a-144d) disposed on the third surface (top surface of item 110) of the second semiconductor chip (item 110); the first semiconductor chip (item 120) includes a first via (item V1) penetrating a portion of the first semiconductor chip (item 120), the interconnect structure [a power delivery network] (item 100) includes conductive interconnection lines (items 104a, 104b, 108) and an interconnection insulating layer (item 102), each of the third semiconductor chips (items 152a-152d) is disposed such that an active surface of each of the third semiconductor chips (items 152a-152d) faces the first semiconductor chip (item 120), and the third semiconductor chips (items 152a-152d) are electrically connected to the second semiconductor chip (item 110) through the interconnect structure [a power delivery network] (item 100), but does not specifically disclose a power delivery network. Song (Fig. 8 and associated text) discloses a power delivery network (item 450). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date to incorporate the teachings of Song for the purpose of providing/delivering power. Chen as modified by Song does not specifically disclose and a silicon substrate disposed on the third semiconductor chips and the dummy chips,…the second semiconductor chip includes a second via penetrating a portion of the second semiconductor chip…each of the first and second vias is in direct contact with a corresponding one of the conductive interconnection lines. Hu (Figs. 1, 3, 4, 5, 10, 11, 12 and associated text) discloses further comprising an upper silicon substrate (item S, 400, paragraphs 13, 88) on the first chip stack and the second chip stack… the second semiconductor chip (lowermost items C1, C2 or C3) includes a second via (items TSV1, TSV2, BV11, BV21 or BV31) penetrating a portion of the second semiconductor chip (lowermost items C1, C2 or C3) …each of the first and second vias (items TSV1, TSV2, BV11, BV21 or BV31) is in direct contact with a corresponding one of the conductive interconnection lines (MP1, MP2, BPia, BPib, Bpic). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date to incorporate the teachings of Hu for the purpose of protection/device free cover member or device containing cover member and an electrical connection. In regard to claim 14, Chen (Figs. 1, 3L, 6, 7, 8, 10 and associated text and items) as modified by Song (Fig. 8 and associated text) and Hu (Figs. 1, 3, 4, 5, 10, 11, 12 and associated text) discloses wherein each of the third semiconductor chips (items 152a-152d, Chen) includes a third via (item V2, Fig. 3G, Chen) penetrating a portion of each of the third semiconductor chips (items 152a-152d, Chen), but does not specifically disclose a diameter of the third via is larger than a diameter of the first via and a diameter of the second via. It would have been obvious to modify the invention to include a diameter of the third via being larger than each of a diameter of the first via and a diameter of the second via, since such a modification would have involved a mere change in the size/shape of a component. A change in size/shape is generally recognized as being within the level of ordinary skill in the art (In re Rose, 105 USPQ 237 (CCPA 1955)). It would have also been obvious to one having ordinary skill in the art at the time of the invention to modify the invention to include a diameter of the third via being larger than each of a diameter of the first via and a diameter of the second via, since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art (In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980)). In regards to claim 15, Chen (Figs. 1, 3L, 6, 7, 8, 10 and associated text and items) discloses wherein each of the third semiconductor chips (items 152a-152d) is in direct contact with others of the third semiconductor chips (items 152a-152d) adjacent thereto. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Choi et al. (US 2021/0143126 A1, Fig. 7) and Park et al. (US 2022/0165722 A1, Fig. 5, 8) could have both been used as the primary reference. Lee et al. (US 2022/0165721 A1 now US 11,862,618 B2) and Kim et al. (US 20220130761 A1 now US 12,009,303 B2) both disclose power distribution networks. Examiner suggest that the Applicant perfect foreign priority by providing an English translation of the priority documents. Any inquiry concerning this communication or earlier communications from the examiner should be directed to TELLY D GREEN whose telephone number is (571)270-3204. The examiner can normally be reached M-F 8am-5pm. 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. TELLY D. GREEN Examiner Art Unit 2898 /TELLY D GREEN/Primary Examiner, Art Unit 2898 February 18, 2026
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Prosecution Timeline

Jul 07, 2023
Application Filed
Feb 18, 2026
Non-Final Rejection — §103
Apr 13, 2026
Applicant Interview (Telephonic)
Apr 13, 2026
Examiner Interview Summary

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Prosecution Projections

1-2
Expected OA Rounds
82%
Grant Probability
85%
With Interview (+3.7%)
2y 5m
Median Time to Grant
Low
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