Prosecution Insights
Last updated: July 17, 2026
Application No. 18/219,844

VERTICAL MEMORY STRUCTURE WITH AIR GAPS AND METHOD FOR PREPARING THE SAME

Final Rejection §102§103
Filed
Jul 10, 2023
Priority
Apr 14, 2020 — divisional of 11/411,019 +1 more
Examiner
TRAN, TONY
Art Unit
2893
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
NANYA TECHNOLOGY Corporation
OA Round
2 (Final)
70%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 70% — above average
70%
Career Allowance Rate
608 granted / 863 resolved
+2.5% vs TC avg
Strong +34% interview lift
Without
With
+33.8%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
47 currently pending
Career history
922
Total Applications
across all art units

Statute-Specific Performance

§101
0.2%
-39.8% vs TC avg
§103
82.9%
+42.9% vs TC avg
§102
16.1%
-23.9% vs TC avg
§112
0.5%
-39.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 863 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 . 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. Claim(s) 1-4 and 6-7 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by KANAMORI (Pub. No.: US 2017/0221921). Re claim 1, KANAMORI, FIG. 3 teaches a vertical memory structure, comprising: a semiconductor stack, comprising: a lower semiconductor pattern structure (150, ¶ [0024]) filling a recess on a substrate and protruding from an upper surface of the substrate in a first direction substantially perpendicular to the upper surface of the substrate (100); a contact plug, disposed over the lower semiconductor pattern structure, comprising: a lower portion (290, [0060]); and a middle portion (400) over the lower portion, wherein a width of the middle portion is less than a width of the lower portion; a plurality of gate electrodes (363, 365 and 367, [0024]) surrounding a sidewall of the semiconductor stack; and a plurality of air gap structures (235, [0066]) disposed at outer sides of the plurality of gate electrode respectively. Re claim 2, KANAMORI, FIG. 3 teaches the vertical memory structure of claim 1, wherein the plurality of gate electrodes being at a plurality of levels (363, 365 and 367), respectively, so as to be spaced apart from each other in the first direction (vertical). Re claim 3, KANAMORI, FIG. 3 teaches the vertical memory structure of 1, wherein the contact plug further comprises: an upper portion (420) over the middle portion, wherein a width (horizontal) of the upper portion is greater than the width of the middle portion (400). Re claim 4, KANAMORI, FIG. 3 teaches the vertical memory structure of claim 3, wherein the width of the upper portion (horizontal width of 420) is greater than the width of the lower portion (horizontal width of 290). Re claim 6, KANAMORI, FIG. 3 teaches the vertical memory structure of claim 3, wherein the lower portion (290), the middle portion (400) and the upper portion (420) are a continuous single structure. Re claim 7, KANAMORI, FIG. 3 teaches the vertical memory structure of claim 1, wherein each of the plurality of air gap structures comprises: an air gap (235); and a liner layer (232) enclosing the air gap. 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) 1-4 and 6-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over LEE (Pub. No.: US 2018/0122822) in view of KANAMORI. Re claim 1, LEE, FIG. 1 teaches a vertical memory structure, comprising: a semiconductor stack, comprising: a lower semiconductor pattern structure (200/190/170/180/160) filling a recess on a substrate (100) and protruding from an upper surface of the substrate in a first direction substantially perpendicular to the upper surface of the substrate (100); a contact plug, disposed over the lower semiconductor pattern structure, comprising: a lower portion (270); and a middle portion (380) over the lower portion, wherein a width of the middle portion is less than a width of the lower portion; a plurality of gate electrodes (343, 345 and 347, [0017]) surrounding a sidewall of the semiconductor stack. LEE fails to teach a plurality of air gap structures disposed at outer sides of the plurality of gate electrode respectively. KANAMORI teaches a plurality of air gap structures (235, [0066]) disposed at outer sides of the plurality of gate electrode (363, 365 and 367) respectively. It would have been obvious for a person of ordinary skill in the art before the effective filing date of the claim invention to include the above said teaching for the purpose of reducing the dielectric constant of the insulating stack layers as taught by LEE. Re claim 2, in the combination, LEE, FIG. 1 teaches the vertical memory structure of claim 1, wherein the plurality of gate electrodes being at a plurality of levels (343, 345 and 347), respectively, so as to be spaced apart from each other in the first direction (vertical). Re claim 3, in the combination, LEE, FIG. 1 teaches the vertical memory structure of 1, wherein the contact plug further comprises: an upper portion (390) over the middle portion, wherein a width (horizontal) of the upper portion is greater than the width of the middle portion (380). Re claim 4, in the combination, LEE, FIG. 1 teaches the vertical memory structure of claim 3, wherein the width of the upper portion (horizontal width of 390) is greater than the width of the lower portion (horizontal width of 270). Re claim 6, in the combination, LEE, FIG. 1 teaches the vertical memory structure of claim 3, wherein the lower portion (270), the middle portion (380) and the upper portion (390) are a continuous single structure. Re claim 7, in the combination KANAMORI, FIG. 3 teaches the vertical memory structure of claim 1, wherein each of the plurality of air gap structures comprises: an air gap (235); and a liner layer (232) enclosing the air gap. Re claim 8, in the combination, LEE, FIG. 1 teaches the vertical memory structure of claim 1, wherein the lower semiconductor pattern structure comprises: a first undoped semiconductor pattern (160, [0023]); a doped semiconductor pattern (180) over the first undoped semiconductor pattern; and a second undoped semiconductor pattern (200) over the doped semiconductor pattern. Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over KANAMORI. KANAMORI differs from the claim invention by not disclosing wherein the width of the upper portion is equal to the width of the lower portion. However, Applicant has not disclosed that the ranges are for particular unobvious purpose, produce an unexpected result, or are otherwise critical. Therefore, it would have been obvious to one having ordinary skill in the art at the time the invention was made to include the above said teaching, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955) (Claimed process which was performed at a temperature between 40°C and 80°C and an acid concentration between 25% and 70% was held to be prima facie obvious over a reference process which differed from the claims only in that the reference process was performed at a temperature of 100°C and an acid concentration of 10%.); see also Peterson, 315 F.3d at 1330, 65 USPQ2d at 1382 ("The normal desire of scientists or artisans to improve upon what is already generally known provides the motivation to determine where in a disclosed set of percentage ranges is the optimum combination of percentages."); In re Hoeschele, 406 F.2d 1403, 160 USPQ 809 (CCPA 1969) (Claimed elastomeric polyurethanes which fell within the broad scope of the references were held to be unpatentable thereover because, among other reasons, there was no evidence of the criticality of the claimed ranges of molecular weight or molar proportions.). For more recent cases applying this principle, see Merck & Co. Inc. v. Biocraft Laboratories Inc., 874 F.2d 804, 10 USPQ2d 1843 (Fed. Cir.), cert. denied, 493 U.S. 975 (1989); In re Kulling, 897 F.2d 1147, 14 USPQ2d 1056 (Fed. Cir. 1990); and In re Geisler, 116 F.3d 1465, 43 USPQ2d 1362 (Fed. Cir. 1997). Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over KANAMORI in view of HWANG (Pub. No.: US 2019/0035798). KANAMORI teaches all the limitation of claim 1. KANAMORI fails to teach the limitation of claim 8. HWANG teaches wherein the lower semiconductor pattern structure comprises: a first undoped semiconductor pattern (LSP, FIG. 5, [0067]); a doped semiconductor pattern (said doped material of SP1, [0068]) over the first undoped semiconductor pattern; and a second undoped semiconductor pattern (said undoped material of SP2) over the doped semiconductor pattern. It would have been obvious for a person of ordinary skill in the art before the effective filing date of the claim invention to include the above said teaching for the purpose of decreasing manufacturing costs of semiconductor devices and increasing the performance of semiconductor devices as taught by HWANG, [0003]. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to TONY TRAN whose telephone number is (571)270-1749. The examiner can normally be reached Monday-Friday, 8AM-5PM, 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, Britt Hanley can be reached on 571-270-3042. 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. /TONY TRAN/Primary Examiner, Art Unit 2894
Read full office action

Prosecution Timeline

Jul 10, 2023
Application Filed
May 01, 2026
Non-Final Rejection mailed — §102, §103
May 28, 2026
Response Filed
Jul 13, 2026
Final Rejection mailed — §102, §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12648268
LIGHT-EMITTING DEVICE AND METHOD OF MANUFACTURING THE SAME
3y 6m to grant Granted Jun 02, 2026
Patent 12648373
EPITAXIAL STRONTIUM TITANATE ON SILICON
3y 3m to grant Granted Jun 02, 2026
Patent 12648459
SEMICONDUCTOR DEVICE AND MANUFACTURING METHOD THEREOF
2y 11m to grant Granted Jun 02, 2026
Patent 12642065
METAL NITRIDE DIFFUSION BARRIER AND METHODS OF FORMATION
2y 9m to grant Granted May 26, 2026
Patent 12604527
DISPLAY PANEL AND DISPLAY DEVICE
3y 4m to grant Granted Apr 14, 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

3-4
Expected OA Rounds
70%
Grant Probability
99%
With Interview (+33.8%)
2y 9m (~0m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 863 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