Prosecution Insights
Last updated: April 19, 2026
Application No. 18/223,448

THREE-DIMENSIONAL MEMORY DEVICES AND METHODS FOR FORMING THE SAME

Non-Final OA §102
Filed
Jul 18, 2023
Examiner
DIAZ, JOSE R
Art Unit
2815
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Yangtze Memory Technologies Co. Ltd.
OA Round
1 (Non-Final)
87%
Grant Probability
Favorable
1-2
OA Rounds
2y 6m
To Grant
94%
With Interview

Examiner Intelligence

Grants 87% — above average
87%
Career Allow Rate
799 granted / 922 resolved
+18.7% vs TC avg
Moderate +8% lift
Without
With
+7.5%
Interview Lift
resolved cases with interview
Typical timeline
2y 6m
Avg Prosecution
26 currently pending
Career history
948
Total Applications
across all art units

Statute-Specific Performance

§101
0.2%
-39.8% vs TC avg
§103
39.3%
-0.7% vs TC avg
§102
36.3%
-3.7% vs TC avg
§112
7.8%
-32.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 922 resolved cases

Office Action

§102
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 Invention I, claims 1-10, in the reply filed on December 19, 2025 is acknowledged. 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)(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. Claims 1-2, 5, 8 and 10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yang et al. (US 2020/0027893). Regarding claim 1, Yang discloses a three-dimensional (3D) memory device, comprising: a first semiconductor structure having a core region (A1) and a non-array region (A2) [Figs. 2A and 3A and paragraphs 0053-0054], the first semiconductor structure comprising: an array of channel structures (146c) in the core region [Figs. 2A and 3A and paragraph 0071]; a substrate layer (103) extending from the non-array region (A2) to the core region (A1) and being in contact with the array of channel structures (146c) [Fig. 3A]; an insulating structure (106) [ Fig. 3A and paragraph 0049], comprising a first portion extending along a lateral direction from the non-array region (A2) to the core region (A1) and a second portion extending along a vertical direction through the substrate layer (103) in the non-array region (A2) [ Fig. 3A and paragraph 0049], wherein the second portion of the insulating structure (106) surrounds the core region (A1) [Fig. 2A and paragraph 0054]; and contact structures (183a) penetrating through the second portion of the insulating structure (106), wherein the contact structures are electrically insulated (106) from the substrate layer (103) by the insulating structure (106) [Fig. 3A]. Regarding claim 2, Yang discloses wherein the insulating structure insulates (106) the contact structures (183A) from one another, and a minimum lateral width of the contact structures (183A) is less than a minimum lateral distance between the contact structures and the substrate layer [Figs. 2A and 3A]. Regarding claim 5, Yang discloses wherein the insulating structure (106) comprises at least one of silicon oxide, silicon nitride, or silicon oxynitride [paragraph 0049]. Regarding claim 8, Yang discloses wherein the second portion of the insulating structure (106) extends vertically in the non-array region (A2), and the non-array region (A2) is located between multiple core regions (A1) [Figs. 2A and 3A, and paragraph 0054]. Regarding claim 10, Yang discloses a system, comprising a memory device (MA) and a memory controller (6), wherein the memory device is configured to store data [Figs. 1A-1B], comprising: a first semiconductor structure having a core region (A1) and a non-array region (A2), the first semiconductor structure comprising: an array of channel structures (146c) in the core region [Fig. 3A]; a substrate layer (103) extending from the non-array region to the core region and being in contact with the array of channel structures (146c) [Fig. 3A]; an insulating structure (106), comprising a first portion extending along a lateral direction from the non-array region (A2) to the core region (A1) and a second portion extending along a vertical direction through the substrate layer (103) in the non-array region, wherein the second portion of the insulating structure (106) surrounds the core region (A1) [Figs. 2A and 3A and paragraphs 0049 and 0054]; and contact structures (183a) penetrating through the second portion of the insulating structure [Fig. 3A], wherein the contact structures (183a) are electrically insulated from the substrate layer by the insulating structure (106), and a minimum lateral width of the contact structures is less than a minimum lateral distance between the contact structures and the substrate layer (103) [Fig. 3A], and a second semiconductor structure (50/80) bonded 1 with the first semiconductor structure, the second semiconductor structure comprising a transistor (PTR) [Fig. 3A], wherein the memory controller is coupled to the memory device and configured to control the memory device [Fig. 1A]. Allowable Subject Matter Claims 3-4, 6-7, and 9 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSE R DIAZ whose telephone number is (571)272-1727. The examiner can normally be reached Monday-Friday. 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, Joshua Benitez can be reached at 571-270-1435. 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. /Jose R Diaz/Primary Examiner, Art Unit 2815 1 The method of forming the device as recited in the claim does not germane to the issue of patentability of the device itself. Therefore, this limitation has been given little patentable weight. Note that a "product by process" claim is directed to the product per se, no matter how actually made, In re Brown, 173 USPQ 685; In re Luck, 177 USPQ 523; In re Fessmann, 180 USPQ 324; In re Avery, 186 USPQ 161; In re Wertheim, 191 USPQ 90 (209 USPQ 554 does not deal with this issue); In re Marosi et al, 218 USPQ 289; and particularly In re Thorpe, 227 USPQ 964, all of which make it clear that it is the patentability of the final product per se which must be determined in a "product by process" claim, and not the patentability of the process, and that an old or obvious product produced by a new method is not patentable as a product, whether claimed in "product by process" claims or not. Note that applicant has the burden of proof in such cases, as the above case law makes clear.
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Prosecution Timeline

Jul 18, 2023
Application Filed
Mar 07, 2026
Non-Final Rejection — §102 (current)

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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
87%
Grant Probability
94%
With Interview (+7.5%)
2y 6m
Median Time to Grant
Low
PTA Risk
Based on 922 resolved cases by this examiner. Grant probability derived from career allow rate.

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