Prosecution Insights
Last updated: April 19, 2026
Application No. 18/356,033

MEMORY DEVICE AND METHOD OF MANUFACTURING MEMORY DEVICE

Non-Final OA §112
Filed
Jul 20, 2023
Examiner
RAMALLO, GUSTAVO G
Art Unit
2812
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
SK Hynix Inc.
OA Round
1 (Non-Final)
95%
Grant Probability
Favorable
1-2
OA Rounds
2y 6m
To Grant
97%
With Interview

Examiner Intelligence

Grants 95% — above average
95%
Career Allow Rate
514 granted / 541 resolved
+27.0% vs TC avg
Minimal +2% lift
Without
With
+2.3%
Interview Lift
resolved cases with interview
Typical timeline
2y 6m
Avg Prosecution
36 currently pending
Career history
577
Total Applications
across all art units

Statute-Specific Performance

§101
0.1%
-39.9% vs TC avg
§103
50.9%
+10.9% vs TC avg
§102
30.1%
-9.9% vs TC avg
§112
15.4%
-24.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 541 resolved cases

Office Action

§112
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 . Priority Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed on December 10, 2023. Information Disclosure Statement The information disclosure statement (IDS) submitted on July 20, 2023 is being considered by the examiner. Specification The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed. The following title is suggested: Method of Manufacturing Memory Device With Backside Source Layer Election/Restrictions Applicant’s election without traverse of Group I (Claims 1-13) in the reply filed on November 7, 2025 is acknowledged. Claim Rejections - 35 USC § 112 The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. Claims 1-13 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Claim 1, lines: 12-13 recite the limitation “forming an upper insulating layer to cover the portion of an exposed channel layer and the gate stack structure…” it is unclear if the portion of an exposed channel layer refers to the previously defined exposed portion of the channel layer in line 11 or if it is supposed to be a newly defined portion of an exposed channel. For purposes of examination his will be interpreted as “forming an upper insulating layer to cover the portion of the channel layer exposed and the gate stack structure…” Claim 1, lines: 14-16 recite the limitation “removing a portion of the upper insulating layer to expose a portion of the channel layer; and forming a source layer covering the portion of the exposed channel layer and the upper insulating layer.” It is unclear if the portion of the exposed channel layer refers to the portion defined in line 14 of the portion defined in claim 11. For purposes of examination his will be interpreted as “removing a portion of the upper insulating layer to expose another portion of the channel layer; and forming a source layer covering the another portion of the Claim 7, lines: 10-13 recite the limitation “removing a portion of the memory layer and at least a portion of the substrate to expose a portion of the channel layer; forming an upper insulating layer to cover a portion of an exposed channel layer and the gate stack structure”, it is unclear if a portion of an exposed channel layer refers to the previously defined portion of the channel layer or if it is a new portion of another exposed channel layer. For purposes of examination this will be interpreted as “removing a portion of the memory layer and at least a portion of the substrate to expose a portion of the channel layer; forming an upper insulating layer to cover the portion of the channel layer exposed and the gate stack structure”. Claim 7, lines: 14-17 recite the limitation “removing a portion of the upper insulating layer to expose the portion of the channel layer; and forming a source layer covering the portion of the exposed channel layer and the upper insulating layer.” It is unclear if the portion of the channel layer refers to the portion exposed in line 11 or is another portion, it is also unclear whether the portion of the exposed channel layer refers to the old reference in claim 12 or another new portion. For purposes of examination this will be interpreted as “removing a portion of the upper insulating layer to expose the portion of the channel layer exposed; and forming a source layer covering the portion of the channel layer exposed and the upper insulating layer.” Allowable Subject Matter Claims 1-13 would be allowed if rewritten to overcome the 112 rejections above. The following is a statement of reasons for the indication of allowable subject matter: the closest prior art of record, Zhang (US 2021/0375828), Zhang (US Pat. No. 11,158,622), Kanamori (US 2021/0296358), Hwang (US 2018/0358372), fail to disclose (by themselves or in combination) the following limitations in combination with the rest of the claim: Regarding Claim 1 (from which claims 2-6 depend), removing the substrate to expose the memory layer; removing a portion of the memory layer to expose a portion of the channel layer; forming an upper insulating layer to cover the portion of an channel layer exposed and the gate stack structure… Regarding Claim 7 (from which claims 8-13 depend), removing a portion of the memory layer and at least a portion of the substrate to expose a portion of the channel layer; forming an upper insulating layer to cover the portion of the channel layer exposed and the gate stack structure… Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Zhang (US 2021/0375828) discloses (Figs. 3A-3P) a sacrificial stack 308 in substrate 302, memory layers 315/316/317 on channel 318, replacing gates in Fig. 3E, removing substrate 302, forming conductive layers 359 in removed opening. Zhang does not disclose “forming an upper insulating layer to cover the portion of an channel layer exposed and the gate stack structure…” Zhang (US Pat. No. 11,158,622) discloses (Figs. 3A-3P) a sacrificial stack 308 in substrate 302, memory layers 315/316/317 on channel 318, replacing gates in Fig. 3E, removing substrate 302, forming conductive layers 359 in removed opening. Zhang does not disclose “forming an upper insulating layer to cover the portion of an channel layer exposed and the gate stack structure…” Kanamori (US 2021/0296358) discloses (Figs. 15-30) a stack MS1 on a substrate 10 where word lines WLs replace sacrificial layers 310/312, memory layer 132 on channel 130, removing the substrate 10 in Fig. 29, and forming input/output pad 195 on exposed regions. Kanamori does not disclose “forming an upper insulating layer to cover the portion of an channel layer exposed and the gate stack structure…” Hwang (US 2018/0358372) discloses (Figs. 8-13) a method of forming sacrificial layer 125 and insulating layer 120 stack on substrate LS, a memory layer CP on channel CH, replacing 125 to form gate GP, flipping and removing the substate LS in Fig. 12, forming a conductive layer 10 over the removed LS area. Hwang does not disclose “forming an upper insulating layer to cover the portion of an channel layer exposed and the gate stack structure…” Any inquiry concerning this communication or earlier communications from the examiner should be directed to GUSTAVO G RAMALLO whose telephone number is (571)272-9227. The examiner can normally be reached Monday-Friday 10am - 6pm. 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, William Partridge can be reached at (571) 270-1402. 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. /G.G.R/Examiner, Art Unit 2812
Read full office action

Prosecution Timeline

Jul 20, 2023
Application Filed
Feb 20, 2026
Non-Final Rejection — §112 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

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ORGANIC SEMICONDUCTOR DEVICE WITH PROTECTIVE SPINEL OXIDE LAYER
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Patent 12598745
DOUBLE PATTERNING METHOD OF MANUFACTURING SELECT GATES AND WORD LINES
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Patent 12593449
VERTICAL NONVOLATILE MEMORY DEVICE INCLUDING GATE ELECTRODES WITH METAL-DOPED GRAPHENE
2y 5m to grant Granted Mar 31, 2026
Patent 12593450
SEMICONDUCTOR STRUCTURE AND MANUFACTURING METHOD THEREOF
2y 5m to grant Granted Mar 31, 2026
Patent 12588201
MEMORY DEVICE WITH INCREASED DENSITY AND METHOD OF FABRICATING THE SAME
2y 5m to grant Granted Mar 24, 2026
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
95%
Grant Probability
97%
With Interview (+2.3%)
2y 6m
Median Time to Grant
Low
PTA Risk
Based on 541 resolved cases by this examiner. Grant probability derived from career allow rate.

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