Prosecution Insights
Last updated: August 18, 2026
Application No. 18/350,405

SEMICONDUCTOR PACKAGE AND METHOD OF MANUFACTURING THE SAME

Final Rejection §102§103
Filed
Jul 11, 2023
Priority
Jan 05, 2023 — RE 10-2023-0001952
Examiner
MENZ, LAURA MARY
Art Unit
2813
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Samsung Electronics Co., Ltd.
OA Round
2 (Final)
88%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
96%
With Interview

Examiner Intelligence

Grants 88% — above average
88%
Career Allowance Rate
828 granted / 946 resolved
+19.5% vs TC avg
Moderate +9% lift
Without
With
+8.7%
Interview Lift
resolved cases with interview
Typical timeline
2y 5m
Avg Prosecution
37 currently pending
Career history
975
Total Applications
across all art units

Statute-Specific Performance

§101
3.1%
-36.9% vs TC avg
§103
27.4%
-12.6% vs TC avg
§102
40.1%
+0.1% vs TC avg
§112
7.5%
-32.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 946 resolved cases

Office Action

§102 §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 . 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. Claim(s) 1-2, 11-12 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Yu et al (US 2021/0407942). 1. A semiconductor package, comprising: a first chip (Fig.19B (75) and [0060]) comprising a first semiconductor substrate (Fig.19B (72) and [0060]) comprising a first through via (Fig.19B (82) and [0061]), a semiconductor element (Fig.19B (73) and [0061 and see also 0036]) positioned on a front surface of the first semiconductor substrate (Fig.19B (72) and [0060]), and a back side wiring layer (Fig.19B (100A and 100B) and [0061 and see also 0046]) comprising a back side power wiring (Fig.19B (100A and 100B) and [0061 and see also 0046]) positioned on a rear surface of the first semiconductor substrate (Fig.19B (72) and [0060]) and electrically connected to the semiconductor element (Fig.19B (73) and [0061 and see also 0036]); and a second chip (Fig.19B (215) and [0062-0063]) bonded to and electrically connected to a front surface of the first chip (Fig.19B (75) and [0060]), and comprising a second through via (Fig.19B (282) and [ 0062]) having a size greater than a size of the first through via (Fig.19B (82) and [0061]) wherein the first chip (Fig.19B (75) and [0060]) has a finer wiring structure or finer pattern (see annotated Fig.19B below) than the second chip (Fig.19B (215) and [0062-0063]). PNG media_image1.png 808 738 media_image1.png Greyscale 11. The semiconductor package of claim 1, wherein the first chip further comprises a buried wiring (Fig.19B (82) and [0035]) electrically connecting a first transistor of the semiconductor element (Fig.19A-B (73) and [0061 and see also 0036]) with the back side power wiring (Fig.19A-B (100A and 100B) and [0061 and see also 0046]). 12. The semiconductor package of claim 11, wherein the buried wiring (Fig.19B (82) and [0035]) extends from a back side of the first transistor (Fig.19A-B (73) and [0061 and see also 0036]) to the back side power wiring (Fig.19A-B (100A and 100B) and [0061 and see also 0046]). 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 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yu et al (US 2021/0407942) Yu teaches the following claimed limitations as cited below: 1. A semiconductor package, comprising: a first chip (Fig.19B (75) and [0060]) comprising a first semiconductor substrate (Fig.19B (72) and [0060]) comprising a first through via (Fig.19B (82) and [0061]), a semiconductor element (Fig.19B (73) and [0061 and see also 0036]) positioned on a front surface of the first semiconductor substrate (Fig.19B (72) and [0060]), and a back side wiring layer (Fig.19B (100A and 100B) and [0061 and see also 0046]) comprising a back side power wiring (Fig.19B (100A and 100B) and [0061 and see also 0046]) positioned on a rear surface of the first semiconductor substrate (Fig.19B (72) and [0060]) and electrically connected to the semiconductor element (Fig.19B (73) and [0061 and see also 0036]); and a second chip (Fig.19B (215) and [0062-0063]) bonded to and electrically connected to a front surface of the first chip (Fig.19B (75) and [0060]), and comprising a second through via (Fig.19B (282) and [ 0062]) having a size greater than a size of the first through via (Fig.19B (82) and [0061]) Assuming arguendo that Yu fails to teach: wherein the first chip (Fig.19B (75) and [0060]) has a finer wiring structure or finer pattern (see annotated Fig.19B below) than the second chip (Fig.19B (215) and [0062-0063]). It would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify Yu’s teachings to include a finer wiring on the first chip than the second because one of ordinary skill in the art would recognize that the wiring sizes are a matter of design choice and the finest wiring possible would be chosen to effectuate space use efficiency. Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yu et al (US 2021/0407942).as applied to claims 1 above, and further in view of Eisherbini et al (US 20210098407). Yu teaches the limitations of claims 1-2 above, however fails to explicitly teach the limitations of claim 3 below: 3. The semiconductor package of claim 2, wherein the first chip has a first contact gate or wiring pitch equal to about 10 nm or less, and the second chip has a second contact gate or wiring pitch less than 50 nm. {for examination purposes-this modification of the original claim language constitutes the Examiner’s best guess at understanding the intended claim meaning}. Eisherbini teaches a first contact gate or wiring pitch equal to about 10 nm or less, and a second contact gate or wiring pitch less than 50 nm [0063]. It would have been obvious to one of ordinary skill in the art at the time the invention was made to modify Yu’s teachings to include the pitches as low as 1-10 nm and as high as 10-500 nm) because as Eisherbini teaches, such pitches are possible and suitable for gate wirings [0063]. Response to Arguments Applicant's arguments filed 5/15/26 have been fully considered but they are not persuasive. The Applicant’s arguments state that TSV 82 and TSV 282 are made from similar materials and processes- the Examiner interprets this argument to be asserting that the same materials and processes would make the TSVs the same size?- however assuming the silicon substrates are etched to form vias using a patterned mask- the mask openings may be different sizes and would be based upon the figures- this would be similar materials and methods with different sizing and therefore this argument is moot. The Applicant’s arguments state that the pitches are smaller/bigger respectively- however the pitch is the distance between the wiring layers; Applicant’s claim language is that the wiring layers themselves are finer- not that the pitch is finer. Having a finer wiring suggests a smaller/ more delicate structure of the wiring layer itself- not the pitch i.e. the distance between wiring structures. The Examiner’s annotated drawing above point out the various finer wirings of first chip 75 and bigger wirings of second chip 215 which anticipate Applicant’s limitations. Moreover the Examiner included an obvious rejection which points out that the size of the wiring layers is a matter of design choice and would be considered an obvious variant. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Cho et al (US 2021/0305130); Henderson et al (US 2014/0225246) and Batra et al (US 9536809) teach similar chip stack wiring and TSV structures. 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 LAURA M MENZ whose telephone number is (571)272-1697. The examiner can normally be reached Monday-Friday 7:00-3:30. 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, Steven Gauthier can be reached at 571-270-0373. 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. /LAURA M MENZ/Primary Examiner, Art Unit 2813 7/1/26
Read full office action

Prosecution Timeline

Jul 11, 2023
Application Filed
Feb 17, 2026
Non-Final Rejection mailed — §102, §103
Mar 06, 2026
Interview Requested
Mar 25, 2026
Examiner Interview Summary
Mar 25, 2026
Applicant Interview (Telephonic)
May 15, 2026
Response Filed
Jul 07, 2026
Final Rejection mailed — §102, §103 (current)

Precedent Cases

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
88%
Grant Probability
96%
With Interview (+8.7%)
2y 5m (~0m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 946 resolved cases by this examiner. Grant probability derived from career allowance rate.

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