Prosecution Insights
Last updated: April 19, 2026
Application No. 18/288,413

SEMICONDUCTOR DEVICE

Non-Final OA §103
Filed
Oct 26, 2023
Examiner
LEBENTRITT, MICHAEL
Art Unit
2893
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Semiconductor Energy Laboratory Co. Ltd.
OA Round
1 (Non-Final)
92%
Grant Probability
Favorable
1-2
OA Rounds
2y 5m
To Grant
98%
With Interview

Examiner Intelligence

Grants 92% — above average
92%
Career Allow Rate
916 granted / 992 resolved
+24.3% vs TC avg
Moderate +6% lift
Without
With
+6.0%
Interview Lift
resolved cases with interview
Typical timeline
2y 5m
Avg Prosecution
25 currently pending
Career history
1017
Total Applications
across all art units

Statute-Specific Performance

§101
3.3%
-36.7% vs TC avg
§103
40.8%
+0.8% vs TC avg
§102
30.2%
-9.8% vs TC avg
§112
10.1%
-29.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 992 resolved cases

Office Action

§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 . Information Disclosure Statement The information disclosure statement (IDS) submitted on 1/10/2024 was filed after the mailing date of the first action on the merits. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. 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, 3, 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over JP 2013-138177 A and further in view of JP 2013-211091 A. JP 2013-138177 A (ELPIDA MEMORY INC.) 11 July 2013 (2013-07-11), paragraphs [0015]-[0124], fig. 1-17 teaches: a semiconductor device (corresponding to the semiconductor device of the present invention (correspondences indicated similarly below)) which has a logic element (first peripheral circuit) formed on a logic semiconductor chip 113 (first substrate), and first and second semiconductor chips 35-39 which are memory semiconductor chips mounted in a perpendicular direction on the logical semiconductor chip 113, the second semiconductor chips 35-39 including a semiconductor substrate 47 (second substrate) and a circuit element layer 48 (first circuit layer), a DRAM element (first memory cell) being provided on the circuit element layer 48, and the logical semiconductor chip 113 and the first and second semiconductor chips 35-39 being electrically connected by means of a through electrode 54 (first through electrode). JP 2013-138177 A fails to teach: a structure having a first transistor and a first capacitor, the first transistor having a semiconductor layer having a metal oxide in a channel forming region, whereas the cited invention does not include a description of this kind. JP 2013-211091 A (SEMICONDUCTOR ENERGY LABORATORY CO., LTD.) 10 October 2013 (2013-10-10) paragraphs [0158], [0159] teaches: for example, using a transistor and a capacitor as a structure for forming a memory cell and further describes using a transistor having an oxide semiconductor (a transistor having a semiconductor layer having a metal oxide in the channel forming region). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the above references, because it is conventionally done in the art because the transistor of a memory cell that enables power consumption to be reduced. In regards to claim 3; JP 2013-138177 A teaches wherein the first memory cell layer comprises a plurality of the first element layers provided to be stacked in a direction perpendicular or substantially perpendicular to the surface of the first substrate. paragraphs [0015]-[0124], fig. 1-17 In regards to Claim 7, JP 2013-211091 A further teaches (paragraphs [0158] and [0159]) describes using an In-Ga-Zn-O material for the oxide semiconductor layer. Claim(s) 2, 8 and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over JP 2013-138177 A and JP 2013-211091 A and in further view of JP 2019-61677 A. JP 2013-138177 A (ELPIDA MEMORY INC.) 11 July 2013 (2013-07-11), paragraphs [0015]-[0124], fig. 1-17 & US 2013/0137216 A1, paragraphs [0025]-[0220], fig. 1-17 teaches: a semiconductor device (corresponding to the semiconductor device of the present invention (correspondences indicated similarly below)) which has a logic element (first peripheral circuit) formed on a logic semiconductor chip 113 (first substrate), and first and second semiconductor chips 35-39 which are memory semiconductor chips mounted in a perpendicular direction on the logical semiconductor chip 113, the second semiconductor chips 35-39 including a semiconductor substrate 47 (second substrate) and a circuit element layer 48 (first circuit layer), a DRAM element (first memory cell) being provided on the circuit element layer 48, and the logical semiconductor chip 113 and the first and second semiconductor chips 35-39 being electrically connected by means of a through electrode 54 (first through electrode). JP 2013-138177 A fails to teach: a structure having a first transistor and a first capacitor, the first transistor having a semiconductor layer having a metal oxide in a channel forming region, whereas the cited invention does not include a description of this kind. JP 2013-211091 A (SEMICONDUCTOR ENERGY LABORATORY CO., LTD.) 10 October 2013 (2013-10-10) paragraphs [0158], [0159] teaches: for example, using a transistor and a capacitor as a structure for forming a memory cell and further describes using a transistor having an oxide semiconductor (a transistor having a semiconductor layer having a metal oxide in the channel forming region). JP 2019-61677 A (SAMSUNG ELECTRONICS CO., LTD.) 18 April 2019 (2019-04-18), paragraphs [0012]-[0045], fig. 1-6 describes first to fourth memory semiconductor dies 1100-1400 (second substrate) which are stacked, wherein read-out data is output after being amplified relative to the output of a memory cell. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the above references, because processing efficiency and power consumption can be optimized when the external device requests multiple accesses to the stacked memory device. In regards to claim 8; JP 2013-138177 A teaches wherein the first memory cell layer comprises a plurality of the first element layers provided to be stacked in a direction perpendicular or substantially perpendicular to the surface of the first substrate. paragraphs [0015]-[0124], fig. 1-17 In regards to Claim 12, JP 2013-211091 A further teaches (paragraphs [0158] and [0159]) describes using an In-Ga-Zn-O material for the oxide semiconductor layer. Allowable Subject Matter Claims 4-6 and 9-11 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. The following is a statement of reasons for the indication of allowable subject matter: the prior art references fail to teach: the first substrate provided with a second peripheral circuit configured to drive a second memory cell; and a third substrate provided with a second memory cell layer comprising a second element layer comprising the second memory cell, wherein the first memory cell layer is provided between the first substrate and the second memory cell layer, wherein the second memory cell comprises a second transistor and a second capacitor, wherein the second transistor comprises a semiconductor layer comprising silicon in its channel formation region, and wherein the second peripheral circuit and the second memory cell are electrically connected to each other through a second through electrode provided in the second substrate, the third substrate, the first element layer, and the second element layer And: the first substrate provided with a second peripheral circuit configured to drive a second memory cell; and a second memory cell layer comprising a third substrate and a second element layer comprising the second memory cell, wherein the first memory cell layer is provided between the first substrate and the second memory cell layer, wherein the second memory cell comprises a third transistor to a fifth transistor and a third capacitor, wherein the third transistor to the fifth transistor comprise semiconductor layers comprising a metal oxide in their channel formation regions, and wherein the second peripheral circuit and the second memory cell are electrically connected to each other through a second through electrode provided in the second substrate, the third substrate, the first element layer, and the second element layer. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL LEBENTRITT whose telephone number is (571)272-1873. The examiner can normally be reached IFP Mon- Fri 8:30 am- 6 pm. 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, Sue Purvis can be reached at (571)272-1236. 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. MICHAEL . LEBENTRITT Primary Examiner Art Unit 2893 /MICHAEL LEBENTRITT/Primary Examiner, Art Unit 2893
Read full office action

Prosecution Timeline

Oct 26, 2023
Application Filed
Jan 22, 2026
Examiner Interview (Telephonic)
Mar 03, 2026
Non-Final Rejection — §103 (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
92%
Grant Probability
98%
With Interview (+6.0%)
2y 5m
Median Time to Grant
Low
PTA Risk
Based on 992 resolved cases by this examiner. Grant probability derived from career allow rate.

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