Prosecution Insights
Last updated: May 29, 2026
Application No. 18/237,077

PREVENTION OF FLOATING GATE 3D-NAND CELL RESIDUAL BY USING HYBRID PLUG PROCESS IN SUPER-DECK STRUCTURE

Non-Final OA §102
Filed
Aug 23, 2023
Priority
Jul 28, 2023 — CN PCT/CN2023/109871
Examiner
BERNSTEIN, ALLISON
Art Unit
2824
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Intel Ndtm US LLC
OA Round
2 (Non-Final)
81%
Grant Probability
Favorable
2-3
OA Rounds
0m
Est. Remaining
84%
With Interview

Examiner Intelligence

Grants 81% — above average
81%
Career Allowance Rate
729 granted / 900 resolved
+13.0% vs TC avg
Minimal +3% lift
Without
With
+2.7%
Interview Lift
resolved cases with interview
Typical timeline
2y 4m
Avg Prosecution
12 currently pending
Career history
914
Total Applications
across all art units

Statute-Specific Performance

§101
0.3%
-39.7% vs TC avg
§103
60.3%
+20.3% vs TC avg
§102
18.5%
-21.5% vs TC avg
§112
6.5%
-33.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 900 resolved cases

Office Action

§102
DETAILED ACTION The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Acknowledgment is made of applicant’s amendment, filed on 16 April 2026. The changes and remarks disclosed therein have been considered. Claims 1-20 are pending in the application. Claims 1, 8-9, 11 and 16 are currently amended. Claims 1, 11 and 16 are independent claims. Claims 1-10 are withdrawn from further consideration. 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. (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) 11-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Nishikawa et al. (US 9,691,781) (hereinafter, “Nishikawa”). Re: independent claim 11, Nishikawa discloses in figs. 5 and 10-19 a three-dimensional (3D) NAND memory structure, comprising: first and second decks (including 1002, 1003 in the first deck and including 1602, 1603 in the second deck), each comprising a plurality of tiers of memory cells (fig. 5) and composed of conductive layers (1002, 1602) interposed between isolation layers (1003, 1603), each tier of memory cells comprising a two-dimensional (2D) array of floating gate memory cells (fig. 5, col 6 ll. 25-29) formed in a conductive layer (1002, 1602); a silicon nitride (SiN) layer (1050, col 14 ll. 36-37) disposed between a top isolation layer (1003) in the first deck and a bottom isolation layer (1603) in the second deck; and a plurality of vertical pillars (1902, 1903), passing through the memory cells in the conductive layers (1002, 1602) and isolation layers (1003, 1603) in the first and second decks and passing through the SiN layer (1050), wherein a diameter of a portion (1903) of a first vertical pillar passing through the SiN layer (1050) is greater than a diameter of a portion (1902) of the first vertical pillar passing through the bottom isolation layer (1603) in the second deck; wherein a wall of the first vertical pillar is discontinuous at an interface of the SiN layer and a top isolation layer of the first deck (1006 in fig. 10, see also fig. 18). Re: claim 12, Nishikawa discloses in figs. 5 and 10-19 the 3D NAND memory structure of claim 11, wherein the diameter of the portion (including 1006) of a vertical pillar passing through the SiN layer (1050) is greater than a diameter of a portion (1005) of the vertical pillar passing through the top isolation layer (1003) in the first deck. Re: claim 13, Nishikawa discloses in figs. 5 and 10-19 the 3D NAND memory structure of claim 11, wherein an oxide residual in an upper corner of a portion of a vertical pillar passing through the SiN layer is eliminated or substantially eliminated (This is a product-by-process limitation, see MPEP § 2113. Additionally, this is a negative limitation that does not require an oxide residual to be present.). Re: claim 14, Nishikawa discloses in figs. 5 and 10-19 the 3D NAND memory structure of claim 11, wherein the vertical pillars (including 1902, 1903) have a profile from top to bottom comprising: a first portion (1902) passing through layers in the second deck (1602, 1603) having a slight amount of taper (col 9 ll. 16-18), wherein a diameter at a top isolation layer (1603) in the second deck is greater than a diameter in the bottom isolation layer (1603) of the second deck; a second portion (1006) passing through the SiN layer (1050); and a third portion (1903) passing through layers in the first deck having a slight amount of taper (col 9 ll. 16-18), wherein a diameter at the top isolation layer (1003) in the first deck is greater than a diameter in a bottom isolation layer of the first deck (1003). Re: claim 15, Nishikawa discloses in figs. 5 and 10-19 the 3D NAND memory structure of claim 11, wherein the vertical pillars have an outer sidewall comprising tunnel dielectric film (664 in fig. 5) over which a channel conductor (665 in fig. 5) is formed. Re: independent claim 16, Nishikawa discloses in figs. 1, 5 and 10-19 an apparatus, comprising: one or more three-dimensional (3D) NAND memory structures including; first and second decks (including 1002, 1003 in the first deck and including 1602, 1603 in the second deck), each comprising a plurality of tiers of memory cells (fig. 5) and composed of conductive layers (1002, 1602) interposed between isolation layers (1003, 1603), each tier of memory cells comprising a two-dimensional (2D) array of floating gate memory cells (fig. 5, col 6 ll. 25-29) formed in a conductive layer (1002, 1602); a silicon nitride (SiN) layer (1050) disposed between a top isolation layer (1003) in the first deck and a bottom isolation layer (1603) in the second deck; a plurality of vertical pillars (1902, 1903), passing through the memory cells in the conductive layers (1002, 1602) and isolation layers (1003, 1603) in the first and second decks and passing through the SiN layer (1050), wherein a diameter of a portion (1903) of a first vertical pillar passing through the SiN layer (1050) is greater than a diameter of a portion (1902) of the first vertical pillar passing through the bottom isolation layer (1603) in the second deck, wherein a wall of the first vertical pillar is discontinuous at an interface of the SiN layer and a top isolation layer of the first deck (1006 in fig. 10, see also fig. 18); a controller (122), operative coupled to each of the one or more 3D NAND memory devices structures (126); and a host interface (140). Re: claim 17, Nishikawa discloses in figs. 1, 5 and 10-19 the apparatus of claim 16, where the one or more memory structures comprise 3D NAND dies (fig. 5). Re: claim 18, see claim 13 rejection above. Re: claim 19, see claim 14 rejection above. Re: claim 20, Nishikawa discloses in figs. 1, 5 and 10-19 the apparatus of claim 16, wherein the apparatus comprises a solid-state drive (SSD) (col 5 ll. 58-64). Response to Arguments Applicant’s arguments with respect to claims 11-20 have been considered but are moot because the arguments do not apply to any of the references being used in the current rejection. Conclusion 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 ALLISON BERNSTEIN whose telephone number is (571)272-9011. 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, Richard Elms can be reached at 571-272-1869. 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. /ALLISON BERNSTEIN/Primary Examiner, Art Unit 2824 4/29/2026
Read full office action

Prosecution Timeline

Aug 23, 2023
Application Filed
Jan 11, 2024
Response after Non-Final Action
Jan 16, 2026
Non-Final Rejection mailed — §102
Apr 08, 2026
Applicant Interview (Telephonic)
Apr 08, 2026
Examiner Interview Summary
Apr 16, 2026
Response Filed
May 01, 2026
Final Rejection mailed — §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

2-3
Expected OA Rounds
81%
Grant Probability
84%
With Interview (+2.7%)
2y 4m (~0m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 900 resolved cases by this examiner. Grant probability derived from career allowance rate.

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