Prosecution Insights
Last updated: October 02, 2026
Application No. 18/320,513

SEMICONDUCTOR PACKAGE

Non-Final OA §103
Filed
May 19, 2023
Priority
Oct 04, 2022 — RE 10-2022-0126365 +1 more
Examiner
GREEN, TELLY D
Art Unit
2898
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Samsung Electronics Co., Ltd.
OA Round
2 (Non-Final)
82%
Grant Probability
Favorable
2-3
OA Rounds
0m
Est. Remaining
86%
With Interview

Examiner Intelligence

Grants 82% — above average
82%
Career Allowance Rate
1080 granted / 1317 resolved
+14.0% vs TC avg
Minimal +4% lift
Without
With
+3.9%
Interview Lift
resolved cases with interview
Typical timeline
2y 3m
Avg Prosecution
58 currently pending
Career history
1364
Total Applications
across all art units

Statute-Specific Performance

§101
0.5%
-39.5% vs TC avg
§103
56.3%
+16.3% vs TC avg
§102
24.1%
-15.9% vs TC avg
§112
12.3%
-27.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1317 resolved cases

Office Action

§103
DETAILED ACTION 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 . Response to Arguments Applicant's arguments filed July 8, 2026 have been fully considered but they are not persuasive. Applicant argues on pages 7-11 that the combination of Kim in view of Lee does do disclose “the second molding layer is spaced apart from the top surface of the first semiconductor chip in the vertical direction. The Examiner respectfully disagrees. The Applicant’s arguments lean towards bodily substituting the secondary reference of Lee into the primary reference of Kim. “It has been well established that to be useful in an obviousness combination, a secondary reference should be used for what it teaches and need not be bodily substituted into the primary reference structure. "Question in a rejection for obviousness on a combination of references is what secondary reference would teach one skilled in the art and not whether its structure could be bodily substituted in basic reference structure." In re Richman 165 USPQ 509 (CCPA 1970).” In this instance, Kim would teach one of ordinary skill in the art that a second molding layer can be directly on each of a top surface of the insulating layer and a top surface of a first molding layer, which is a different material from the first molding layer, and that the top surface of the first semiconductor chip can be lower than the top surface of the insulating layer relative to the first redistribution structure. Therefore, Kim (Figs. 6, 8 and associated text and items) as modified by Lee (Figs 12, 13, and associated text and items) discloses a second molding layer (item 152, Lee) directly on each of a top surface of the insulating layer (items 111a plus 111b, Kim, item 110, Lee) and a top surface of the first molding layer (item 130, Kim, item 151, Lee), which is a different material from the first molding layer (item 130, item 151, paragraph 71, Lee), and the second molding layer (item 152, Lee) is spaced apart (by way of item 130, molding layer of Kim) from the top surface of the first semiconductor chip (item 120, Kim) in the vertical direction, wherein the top surface of the first semiconductor chip (item 120, Kim, item 120, Lee) is lower than the top surface of the insulating layer (items 111a plus 111b, Kim, item 110, Lee) relative to the first redistribution structure (item 130, Lee). The Examiner takes the position the rejection is proper. Claim Rejections - 35 USC § 103 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 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) 1-7, 13-16 and 18-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. (Kim) (US 2022/0059437 A1) in view of Lee et al. (Lee) (US 2018/0197827 A1). In regards to claim 1, Kim (Figs. 6, 8 and associated text and items) discloses a semiconductor package (Figs. 6, 8, items 100D plus 200, paragraph 65) comprising: a first redistribution structure (item 140, paragraph 21) including a first redistribution layer (item 142); a first semiconductor chip (item 120) on the first redistribution structure (item 140); an insulating layer (items 111a plus 111b) adjacent a sidewall of the first semiconductor chip (item 120) on the first redistribution structure (item 140), wherein the insulating layer (items 111a plus 111b) is spaced apart from the first semiconductor chip (item 120) in a horizontal direction; a connection structure (items 112a plus 112b plus 112c plus 113a plus 113b) extending through the insulating layer (items 111a plus 111b) in a vertical direction, wherein the connection structure (items 112a plus 112b plus 112c plus 113a plus 113b) is electrically connected to the first redistribution layer (item 140); a first molding layer (item 130) on a sidewall and a top surface of the first semiconductor chip (item 120); and a second molding layer (items 135) indirectly on each of a top surface of the insulating layer (items 111a plus 111b) and directly on a top surface of the first molding layer (item 130, Fig. 6), wherein the second molding layer (item 135, paragraph 59) includes a material different from a material of the first molding layer (item 130, paragraph 29). It would have been obvious to one of ordinary skill in the art before the effective filing date to incorporate various embodiments of Kim for the purpose of various semiconductor package configurations other than 300A (paragraph 65). Kim does not specifically disclose a second molding layer directly on each of a top surface of the insulating layer and a top surface of the first molding layer …wherein the top surface of the first semiconductor chip is lower than the top surface of the insulating layer relative to the first redistribution structure. Lee (Figs 12, 13, and associated text and items) discloses a second molding layer (item 152) directly on each of a top surface of the insulating layer (item 110) and a top surface of the first molding layer (item 151), which are different materials (paragraph 71)…wherein the top surface of the first semiconductor chip (item120) is lower than the top surface of the insulating layer (item 110) relative to the first redistribution structure (item 130). Therefor it would have been obvious to one of ordinary skill in the art before the effective filing date to incorporate the teaching so Lee for the purpose of firmly securing the semiconductor chip, reducing warpage (paragraph 71). “It has been well established that to be useful in an obviousness combination, a secondary reference should be used for what it teaches and need not be bodily substituted into the primary reference structure. "Question in a rejection for obviousness on a combination of references is what secondary reference would teach one skilled in the art and not whether its structure could be bodily substituted in basic reference structure." In re Richman 165 USPQ 509 (CCPA 1970).” In this instance, Kim would teach one of ordinary skill in the art that a second molding layer can be directly on each of a top surface of the insulating layer and a top surface of the first molding layer, which is a different material from the first molding layer and that the top surface of the first semiconductor chip can be lower than the top surface of the insulating layer relative to the first redistribution structure. Therefore, Kim (Figs. 6, 8 and associated text and items) as modified by Lee (Figs 12, 13, and associated text and items) discloses a second molding layer (item 152, Lee) directly on each of a top surface of the insulating layer (items 111a plus 111b, Kim, item 110, Lee) and a top surface of the first molding layer (item 130, Kim, item 151, Lee), which is a different material from the first molding layer (item 130, item 151, paragraph 71, Lee), and the second molding layer (item 152, Lee) is spaced apart (by way of item 130, molding layer of Kim) from the top surface of the first semiconductor (item 120, Kim) in the vertical direction, wherein the top surface of the first semiconductor chip (item 120, Kim, item 120, Lee) is lower than the top surface of the insulating layer (items 111a plus 111b, Kim, item 110, Lee) relative to the first redistribution structure (item 130, Lee). In regards to claim 2, Kim as modified by Lee (Figs 12, 13, and associated text and items) discloses wherein a viscosity of the first molding layer (item 151) is lower than a viscosity of the second molding layer (item 152, paragraph 89). Therefor it would have been obvious to one of ordinary skill in the art before the effective filing date to incorporate the teaching so Lee for the purpose of firmly of preventing degradation in filling properties which may cause voids (paragraph 89). In regards to claim 3, Kim as modified by Lee (Figs 12, 13, and associated text and items) discloses wherein the connection structure (item 113) does not contact the first molding layer (item 151). In regards to claim 4, Kim as modified by Lee (Figs 12, 13, and associated text and items) discloses wherein at least a portion of the connection structure (item 113) directly contacts the second molding layer (item 152). In regards to claim 5, Kim (Figs. 6, 8 and associated text and items) as modified by Lee discloses further comprising: a second redistribution structure (item 170 plus 180 paragraph 42) on the second molding layer (item 135), the second redistribution structure (item 170 plus 180) includes a second redistribution layer (item 171, 173 or 171 plus 173) therein. In regards to claim 6, Kim (Figs. 6, 8 and associated text and items) as modified by Lee discloses further comprising: a substrate (item 210) on the second redistribution structure (item 170 plus 180, paragraph 42) and electrically connected to the second redistribution structure (item 170 plus 180); and a second semiconductor chip (item 220) on the substrate (item 210). In regards to claim 7, Kim (Figs. 6, 8 and associated text and items) as modified by Lee discloses wherein the top surface of the first molding layer (item 130) is (vertically) coplanar with the top surface of the insulating layer (item 111a plus 111b). Examiner notes the Applicant has not established and/or claimed whether these tops surfaces are horizontally or vertically coplanar. In regards to claim 13, Kim (Figs. 6, 8 and associated text and items) discloses a semiconductor package (Figs. 6, 8, items 100D plus 200, paragraph 65) comprising: a first redistribution structure (item 140, paragraph 21) including a first redistribution layer (item 142); an insulating layer (items 111a plus 111b) on the first redistribution structure (item 140); a recess (item 110H) in the insulating layer (items 111a plus 111b); a first semiconductor chip (item 120) in the recess (item 110H) and spaced apart from the insulating layer (items 111a plus 111b) in a horizontal direction…; a first molding layer (item 130) on a sidewall and the top surface of the first semiconductor chip (item 120) in the recess (item 110H), wherein the first molding layer (item 130) is free of a filling material including silicon (Si) particles; and a second molding layer (item 135) indirectly on the top surface of the insulating layer and directly on a top surface of the first molding layer (item 130). Kim does not specifically disclose wherein a top surface of the first semiconductor chip is lower than a top surface of the insulating layer relative to the first redistribution structure…and a second molding layer directly on each of the top surface of the insulating layer and a top surface of the first molding layer. Lee (Figs 12, 13, and associated text and items) discloses wherein the top surface of the first semiconductor chip (item120) is lower than the top surface of the insulating layer (item 110) relative to the first redistribution structure (item 130)… and a second molding layer (item 152) directly on each of a top surface of the insulating layer (item 110) and a top surface of the first molding layer (item 151), which are different materials (paragraph 71) Therefor it would have been obvious to one of ordinary skill in the art before the effective filing date to incorporate the teaching so Lee for the purpose of firmly securing the semiconductor chip, reducing warpage (paragraph 71). “It has been well established that to be useful in an obviousness combination, a secondary reference should be used for what it teaches and need not be bodily substituted into the primary reference structure. "Question in a rejection for obviousness on a combination of references is what secondary reference would teach one skilled in the art and not whether its structure could be bodily substituted in basic reference structure." In re Richman 165 USPQ 509 (CCPA 1970).” In this instance, Kim would teach one of ordinary skill in the art that a second molding layer can be directly on each of a top surface of the insulating layer and a top surface of the first molding layer, which is a different material from the first molding layer and that the top surface of the first semiconductor chip can be lower than the top surface of the insulating layer relative to the first redistribution structure. Therefore, Kim (Figs. 6, 8 and associated text and items) as modified by Lee (Figs 12, 13, and associated text and items) discloses a second molding layer (item 152, Lee) directly on each of a top surface of the insulating layer (items 111a plus 111b, Kim, item 110, Lee) and a top surface of the first molding layer (item 130, Kim, item 151, Lee), which is a different material from the first molding layer (item 130, item 151, paragraph 71, Lee), and the second molding layer (item 152, Lee) is spaced apart (by way of item 130, molding layer of Kim) from the top surface of the first semiconductor (item 120, Kim) in the vertical direction, wherein the top surface of the first semiconductor chip (item 120, Kim, item 120, Lee) is lower than the top surface of the insulating layer (items 111a plus 111b, Kim, item 110, Lee) relative to the first redistribution structure (item 130, Lee). Kim as modified by Lee does not specifically disclose wherein the second molding layer comprises the filling material including silicon (Si) particles. It would have been obvious to modify the invention to include a second molding layer comprises a filling material including silicon (Si) particles, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use (In re Leshin, 125 USPQ 416). In regards to claim 14, Kim as modified by Lee (Figs 12, 13, and associated text and items) discloses further comprising: a connection structure (item 113) extending through the insulating layer (item 110) in a vertical direction, wherein the connection structure (item 113) is electrically connected to the first redistribution layer (item 130), and the connection structure does not contact the first molding layer (item 151). In regards to claim 15, Kim as modified by Lee (Figs 12, 13, and associated text and items) discloses wherein the first molding layer (item 151) does not contact the top surface of the insulating layer (item 110). In regards to claim 16, Kim (Figs. 6, 8 and associated text and items) as modified by Lee discloses further comprising: a second redistribution structure (item 170 plus 180 paragraph 42) on the second molding layer (item 135), the second redistribution structure (item 170 plus 180) includes a second redistribution layer (item 171, 173 or 171 plus 173) therein. In regards to claim 18, Kim (Figs. 6, 8 and associated text and items) as modified by Lee discloses further comprising: a connection structure (items 112a plus 112b plus 112c plus 113a plus 113b) extending through the insulating layer (items 111a plus 111b) in the vertical direction, wherein the connection structure (items 112a plus 112b plus 112c plus 113a plus 113b) is electrically connected to the first redistribution layer (item 142); a connection pad (item 173) on a top surface of the second molding layer (item 135); and a via (item 171) extending through the second molding layer (item 135) in the vertical direction, wherein the via (item 171) electrically connects the connection structure (items 112a plus 112b plus 112c plus 113a plus 113b) to the connection pad (item 173). In regards to claim 19, Kim (Figs. 6, 8 and associated text and items) as modified by Lee discloses further comprising: a substrate (item 210) on the second molding layer (item 135) and electrically connected to the connection pad (item 173); and a second semiconductor chip (item 220) on the substrate (item 210). In regards to claim 20, Kim (Figs. 6, 8 and associated text and items) discloses a semiconductor package (Figs. 6, 8, items 100D plus 200, paragraph 65) comprising: a first redistribution structure (item 140, paragraph 21) including a first redistribution layer (item 142); a first semiconductor chip (item 120) on the first redistribution structure (item 140); an insulating layer (items 111a plus 111b) adjacent a sidewall of the first semiconductor chip (item 120) on the first redistribution structure (item 140), wherein the insulating layer (items 111a plus 111b) is spaced apart from the first semiconductor chip (item 120) in a horizontal direction; a connection structure (items 112a plus 112b plus 112c plus 113a plus 113b) extending through the insulating layer (items 111a plus 111b) in a vertical direction, wherein the connection structure (items 112a plus 112b plus 112c plus 113a plus 113b) is electrically connected to the first redistribution layer (item 140); a first molding layer (item 130) on the sidewall and a top surface of the first semiconductor chip (item 120), wherein the first molding layer (item 130) is free of a filling material including silicon (Si) particles… a second molding layer (item 135) indirectly on a top surface of the insulating layer (items 111a plus 111b) and directly on a top surface of the first molding layer (item 130)… and a second redistribution structure (item 170 plus 180 paragraph 42) on the second molding layer (item 135), the second redistribution structure (item 170 plus 180) includes a second redistribution layer (item 171, 173 or 171 plus 173) therein… wherein the top surface of the first molding layer (item 130) is (vertically) coplanar with the top surface of the insulating layer (items 111a plus 111b). Examiner notes that Applicant has not established and/or claims that these surfaces are horizontally or vertically coplanar. Kim does not specifically disclose the first molding layer does not contact the connection structure; a second molding layer directly on each of a top surface of the insulating layer and a top surface of the first molding layer, wherein the second molding layer directly contacts at least a portion of the connection structure… wherein the top surface of the first semiconductor chip is lower than the top surface of the insulating layer relative to the first redistribution structure, and wherein the top surface of the first molding layer is coplanar with the top surface of the insulating layer. Lee (Figs 12, 13, and associated text and items) discloses the first molding layer (item 151) does not contact the connection structure (item 113); a second molding layer (item 152) directly on each of a top surface of the insulating layer (item 110) and a top surface of the first molding layer (item 151), wherein the second molding layer (item 152) directly contacts at least a portion of the connection structure (item 113)… wherein the top surface of the first semiconductor chip (item 120) is lower than the top surface of the insulating layer (item 110) relative to the first redistribution structure (item 130). Therefor it would have been obvious to one of ordinary skill in the art before the effective filing date to incorporate the teaching so Lee for the purpose of firmly securing the semiconductor chip, reducing warpage (paragraph 71). “It has been well established that to be useful in an obviousness combination, a secondary reference should be used for what it teaches and need not be bodily substituted into the primary reference structure. "Question in a rejection for obviousness on a combination of references is what secondary reference would teach one skilled in the art and not whether its structure could be bodily substituted in basic reference structure." In re Richman 165 USPQ 509 (CCPA 1970).” In this instance, Kim would teach one of ordinary skill in the art that a second molding layer can be directly on each of a top surface of the insulating layer and a top surface of the first molding layer, which is a different material from the first molding layer and that the top surface of the first semiconductor chip can be lower than the top surface of the insulating layer relative to the first redistribution structure. Therefore, Kim (Figs. 6, 8 and associated text and items) as modified by Lee (Figs 12, 13, and associated text and items) discloses a second molding layer (item 152, Lee) directly on each of a top surface of the insulating layer (items 111a plus 111b, Kim, item 110, Lee) and a top surface of the first molding layer (item 130, Kim, item 151, Lee), which is a different material from the first molding layer (item 130, item 151, paragraph 71, Lee), and the second molding layer (item 152, Lee) is spaced apart (by way of item 130, molding layer of Kim) from the top surface of the first semiconductor (item 120, Kim) in the vertical direction, wherein the top surface of the first semiconductor chip (item 120, Kim, item 120, Lee) is lower than the top surface of the insulating layer (items 111a plus 111b, Kim, item 110, Lee) relative to the first redistribution structure (item 130, Lee). Kim as modified by Lee does not specifically disclose the second molding layer comprises the filling material including silicon (Si) particles. It would have been obvious to modify the invention to include a second molding layer comprises a filling material including silicon (Si) particles, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use (In re Leshin, 125 USPQ 416). 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 TELLY D GREEN whose telephone number is (571)270-3204. 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, Jessica Manno can be reached at 571-272-2339. 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. TELLY D. GREEN Examiner Art Unit 2898 /TELLY D GREEN/Primary Examiner, Art Unit 2898 July 22, 2026
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Prosecution Timeline

May 19, 2023
Application Filed
Apr 08, 2026
Non-Final Rejection mailed — §103
Jul 08, 2026
Response Filed
Jul 24, 2026
Final Rejection mailed — §103
Aug 13, 2026
Applicant Interview (Telephonic)
Aug 13, 2026
Examiner Interview Summary
Sep 24, 2026
Response after Non-Final Action

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Prosecution Projections

2-3
Expected OA Rounds
82%
Grant Probability
86%
With Interview (+3.9%)
2y 3m (~0m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 1317 resolved cases by this examiner. Grant probability derived from career allowance rate.

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