Prosecution Insights
Last updated: October 02, 2026
Application No. 18/295,156

SEMICONDUCTOR DEVICE AND MANUFACTURING METHOD THEREOF

Non-Final OA §102§103
Filed
Apr 03, 2023
Priority
Oct 26, 2022 — RE 10-2022-0139314
Examiner
TRAN, TIEN
Art Unit
2812
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
SK hynix Inc.
OA Round
3 (Non-Final)
92%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 92% — above average
92%
Career Allowance Rate
24 granted / 26 resolved
+24.3% vs TC avg
Moderate +10% lift
Without
With
+10.5%
Interview Lift
resolved cases with interview
Typical timeline
3y 2m
Avg Prosecution
29 currently pending
Career history
48
Total Applications
across all art units

Statute-Specific Performance

§101
2.2%
-37.8% vs TC avg
§103
66.5%
+26.5% vs TC avg
§102
19.6%
-20.4% vs TC avg
§112
8.4%
-31.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 26 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 . DETAILED ACTION Continued Examination Under 37 CFR 1.114 A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 07/06/2026 has been entered. Response to Arguments/Amendments Applicant's amendments to claims 1, 11 and 15 and corresponding arguments, pages 7-8 of the remarks, filed 07/06/2026, with respect to 35 U.S.C 103 rejections of the claims as unpatentable over US20210036109A1; Kim et al.; (hereinafter “Kim”) in view of US20150279925A1; Breil et al.; (hereinafter “Breil”) have been fully considered and are persuasive. Hence, the rejections have been withdrawn. However, upon further consideration, a new ground(s) of rejection is made under 35 U.S.C. 102(a)(1) as being unpatentable over US20220302139A1; Niguchi et al.; (hereinafter “Niguchi”). Niguchi has been introduced in view of the amendments to claims 1, 11 and 15 (see 35 U.S.C. 102 rejections of claims 1, 11 and 15 below). Information Disclosure Statement The information disclosure statement (IDS) submitted on 06/22/2026 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 § 102 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 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, 4-6 and 9-18 are rejected under 35 U.S.C. 102(a)(1) as being unpatentable over Niguchi. Regarding Claim 1 (currently amended), Niguchi teaches a semiconductor device ([0027]) comprising: gate structures (#S2, Figure 20) comprising conductive layers (#6) extending in a first direction; channel structures (#1-5/#H1) located in the gate structures (#S2) and protruding from surfaces of the gate structures (#1-5 extends below #S2); PNG media_image1.png 906 752 media_image1.png Greyscale a slit structure (#H5) located between the gate structures (#S2) and comprising a protrusion (#PR, Figure 20 of Niguchi annotated) that protrudes from the surfaces of the gate structures (#S2) and comprises a protruding surface (#PS) at an end of the protrusion (#PR) and spaced apart from the gate structures (#S2) and a sidewall (#SW) between the protruding surface (#PS) and the gate structures (#S2); and a compressive stressor (#22f, [0075], silicon oxide SiO film formed through an oxidation of a surface of source structure) connected to the protrusion (#PR) of the slit structure (#H5) and extending in the first direction, wherein the compressive stressor is spaced apart from the gate structures and is disposed on the protruding surface (#22f disposes on surface #PS spaced apart from stacked film #S2). Regarding Claim 2, Niguchi teaches the semiconductor device as described in claim 1, wherein Niguchi further teaches the compressive stressor comprises an insulating material ([0075], oxidized film #22f comprises SiO). Regarding Claim 4, Niguchi teaches the semiconductor device as described in claim 1, wherein Niguchi further teaches the compressive stressor comprises a dopant ([0073-0075], #22f is formed through an oxidation of a surface of P-doped polysilicon layer #22d). Regarding Claim 5, Niguchi teaches the semiconductor device as described in claim 1, wherein Niguchi further teaches the compressive stressor comprises boron (B), phosphorus (P), or arsenic (As), or a combination thereof ([0073-0075], #22f is formed through an oxidation of a surface of P-doped polysilicon layer #22d). Regarding Claim 6, Niguchi teaches the semiconductor device as described in claim 1, wherein Niguchi further teaches the gate structures are adjacent to each other in a second direction that is perpendicular to the first direction (Figure 20, stacked film #S2 extend vertically and are adjacent to each other horizontally). Regarding Claim 9, Niguchi teaches the semiconductor device as described in claim 1, wherein Niguchi further teaches comprising: a source structure (#22, Figure 20, source lines), wherein the protrusion of the slit structure (#PR, Figure 20 of Niguchi annotated) and the compressive stressor (#22f) are located inside the source structure (#22). Regarding Claim 10, Niguchi teaches the semiconductor device as described in claim 1, wherein Niguchi further teaches the slit structure (#H5, Figure 20) comprises an insulating layer (#29, insulating film). Regarding Claim 11 (currently amended), Niguchi teaches a semiconductor device ([0027]) comprising: a source structure (#22, Figure 20) disposed over a substrate (#11); gate structures (#S2) disposed over the substrate (#11), comprising gate lines (#6) extending in a first direction, and located adjacent to each other in a second direction other than the first direction (electrode layers #6 are adjacent each other in horizontal/vertical direction); a slit structure (#H5) located between the gate structures (#S2) and protruding into the source structure along a third direction other than the first direction and the second direction (slit #H5 protrudes into source lines #22), and including a protruding surface (#PS, Figure 20 of Niguchi annotated) at an end of the slit structure (#H5) disposed within the source structure (#22) and spaced apart from the gate structures (#S2); and an oxidized pattern (#22f, [0075], silicon oxide film formed through an oxidation of a surface of source structure) disposed on the protruding surface (#PS) and extending in the first direction inside the source structure and pressing the substrate in the third direction (oxidized film #22f extends into source lines #22 pressing substrate #11). Regarding Claim 12, Niguchi teaches the semiconductor device as described in claim 11, wherein Niguchi further teaches the oxidized pattern (#22f, Figure 20) is connected to the slit structure (#H5). Regarding Claim 13, Niguchi teaches the semiconductor device as described in claim 11, wherein Niguchi further teaches the oxidized pattern comprises a dopant ([0073-0075], #22f is formed through an oxidation of a surface of P-doped polysilicon layer #22d). Regarding Claim 14, Niguchi teaches the semiconductor device as described in claim 11, wherein Niguchi further teaches the oxidized pattern comprises boron (B), phosphorus (P), or arsenic (As), or a combination thereof ([0073-0075], #22f is formed through an oxidation of a surface of P-doped polysilicon layer #22d). Regarding Claim 15 (currently amended), Niguchi teaches a semiconductor device ([0027]) comprising: gate structures (#S2, Figure 20) each including conductive layers alternately stacked with insulating layers (alternate electrode layers #11 and insulating layers #14); a source structure (#22) disposed over the gate structures (#S2); channel structures (#1-5/#H1) extending through the gate structures (#S2) and connected to the source structure (#22); an insulating slit structure (#H5, [0078]) disposed between the gate structures (#S2) and protruding into the source structure (#22); and a compressive stressor (#22f, [0075], silicon oxide film formed through an oxidation of a surface of source structure) disposed within the source structure (#22) on an end of the insulating slit structure (#22f disposes on one end of slit #H5), wherein the compressive stressor (#22f) is spaced apart from the gate structures (#S2). Regarding Claim 16, Niguchi teaches the semiconductor device as described in claim 11, wherein Niguchi further teaches the protruding surface (#PS, Figure 20 of Niguchi annotated) is parallel to a surface of the source structure (#22). Regarding Claim 17, Niguchi teaches the semiconductor device as described in claim 15, wherein Niguchi further teaches the insulating slit structure (#H5, Figure 20 of Niguchi annotated) includes an upper surface (#PS) at the end of the insulating slit structure and a sidewall (#SW) between the upper surface (#PS) and the gate structures (#S2); and wherein the compressive stressor (#22f) is disposed on the upper surface (#PS). Regarding Claim 18, Niguchi teaches the semiconductor device as described in claim 17, wherein Niguchi further teaches the upper surface (#PS, Figure 20 of Niguchi annotated) is parallel to an upper surface of the source structure (#22). 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. This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Niguchi in view of Kim. Regarding Claim 8, Niguchi teaches the semiconductor device as described in claim 1, wherein Niguchi further teaches the slit structure (#H5, Figure 20) comprises: an insulating spacer (#27a) surrounding a sidewall of the slit structure (#H5). Niguchi does not explicitly teach the slit structure comprises a source contact plug. However, Kim teaches a semiconductor device (Figure 1), comprising a slit structure (#SL, slit) comprises a source contact plug (#17/17A, source contact structure). It would have been obvious to one of ordinary skill in the art prior to the effective filling date of the claimed invention to modify the invention disclosed by Niguchi with the teaching of Kim in order to provide contact to the source structure in comparable devices according to Kim, [0025]. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US20220238684A1 – Figure 1A, [0035] US20180374868A1 – Figures 1-3, 19, 24 US20190019808A1 – Figure 1, [0126] US20230209831A1 – Figures 1A, 3D, [0076] Any inquiry concerning this communication or earlier communications from the examiner should be directed to TIEN TRAN whose telephone number is (571)272-6967. The examiner can normally be reached Monday-Thursday 9:00 am - 6:00 pm ET. 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, CHRISTINE S KIM can be reached on (571)272-8458. 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. /TIEN TRAN/Examiner, Art Unit 2812 /CHRISTINE S. KIM/Supervisory Patent Examiner, Art Unit 2812
Read full office action

Prosecution Timeline

Show 1 earlier event
Nov 06, 2025
Non-Final Rejection mailed — §102, §103
Feb 06, 2026
Response Filed
May 05, 2026
Final Rejection mailed — §102, §103
Jul 01, 2026
Applicant Interview (Telephonic)
Jul 01, 2026
Examiner Interview Summary
Jul 06, 2026
Request for Continued Examination
Jul 10, 2026
Response after Non-Final Action
Jul 29, 2026
Non-Final Rejection mailed — §102, §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12745673
LED MODULE, LED SOURCE SUBSTRATE, DISPLAY PANEL, AND DISPLAY APPARATUS
4y 2m to grant Granted Sep 22, 2026
Patent 12745605
METHOD OF MANUFACTURING LIGHT EMITTING DEVICE
3y 2m to grant Granted Sep 22, 2026
Patent 12707975
Wafer Level Multi-Die Structure Formation
4y 1m to grant Granted Aug 11, 2026
Patent 12696594
WAVELENGTH CONVERTING PARTICLE, METHOD FOR MANUFACTURING WAVELENGTH CONVERTING PARTICLE, AND LIGHT-EMITTING DIODE CONTAINING WAVELENGTH CONVERTING PARTICLE
3y 5m to grant Granted Jul 28, 2026
Patent 12690214
SEMICONDUCTOR DEVICE WITH SPACER AND C-SHAPED CHANNEL PORTION, METHOD OF MANUFACTURING SEMICONDUCTOR DEVICE WITH SPACER AND C-SHAPED CHANNEL PORTION, AND ELECTRONIC APPARATUS
3y 0m to grant Granted Jul 21, 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
92%
Grant Probability
99%
With Interview (+10.5%)
3y 2m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 26 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