Prosecution Insights
Last updated: April 18, 2026
Application No. 18/384,407

SEMICONDUCTOR MEMORY DEVICE AND METHOD OF FABRICATING THE SAME

Non-Final OA §102
Filed
Oct 27, 2023
Examiner
ANYA, IGWE U
Art Unit
2891
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Samsung Electronics Co., Ltd.
OA Round
1 (Non-Final)
85%
Grant Probability
Favorable
1-2
OA Rounds
2y 7m
To Grant
79%
With Interview

Examiner Intelligence

Grants 85% — above average
85%
Career Allow Rate
795 granted / 938 resolved
+16.8% vs TC avg
Minimal -6% lift
Without
With
+-5.9%
Interview Lift
resolved cases with interview
Typical timeline
2y 7m
Avg Prosecution
18 currently pending
Career history
956
Total Applications
across all art units

Statute-Specific Performance

§101
1.1%
-38.9% vs TC avg
§103
46.7%
+6.7% vs TC avg
§102
39.5%
-0.5% vs TC avg
§112
7.6%
-32.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 938 resolved cases

Office Action

§102
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. Claims 1 – 4, 6 – 8, 11 – 14 and 18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Jung et al. (US 2022/0157819). PNG media_image1.png 426 649 media_image1.png Greyscale (Claim 1) Jung et al. teach a semiconductor memory device, comprising: a semiconductor substrate (100); a stack structure (ST1) that includes word lines (WL) and interlayer dielectric patterns (ILD) that are alternately stacked on the semiconductor substrate; an etch stop layer (TIL, paragraph 41) on the stack structure; semiconductor patterns (SP) that penetrate the word lines (WL); a bit line (BL) in contact (figs. 16B, 18B) with the semiconductor patterns (SP); capping dielectric patterns (CP, paragraph 106) between the bit line and the word lines, the capping dielectric patterns covering sidewalls of the word lines; and a data storage element (CAP) on the semiconductor substrate, wherein a level of a bottom surface of the etch stop layer (TIL) is the same as a level of a top surface of the data storage element (CAP). (Claim 2) Jung et al. teach a level of a top surface of the bit line (BL) is the same as the level of the bottom surface of the etch stop layer (TIL). (Claim 3) Jung et al. teach wherein the bottom surface of the etch stop layer is in contact with the data storage element. (Claim 4) Jung et al. teach wherein the bottom surface of the etch stop layer (TIL) is in contact with the bit line (BL). (Claim 6) wherein (fig. 18A): the semiconductor patterns (SP) include: first lateral surfaces (SD1) in contact with the bit line (BL); and second lateral surfaces (SD2) in contact with the data storage elements (CAP), the data storage element (CAP) includes: storage electrodes (SE) in contact with the second lateral surfaces (SD2) of the semiconductor patterns (SP) and parallel to a top surface of the semiconductor substrate; a capacitor dielectric layer (CIL) that conformally covers the storage electrodes; and a plate electrode (PE) on the capacitor dielectric layer (CIL), and the bottom surface of the etch stop layer (TIL) is in contact with a top surface of the capacitor dielectric layer (TIL). (Claim 7) Jung et al. teach wherein the etch stop layer (TIL) includes an oxide (paragraph 41). (Claim 8) Jung et al. teach the device, further comprising: a first separation dielectric pattern (ST1) between the bit lines; and a second separation dielectric pattern (ST2) between the data storage elements, wherein a level of a top surface of the first separation dielectric pattern (ST1) is the same as the level of the bottom surface of the etch stop layer (TIL). (Claim 11) Jung et al. teach a semiconductor memory device, comprising: a semiconductor substrate (100); a stack structure (ST1) that includes word lines (WL) and interlayer dielectric patterns (ILD) that are alternately stacked on the semiconductor substrate; an etch stop layer (TIL) on the stack structure; semiconductor patterns (SP) that penetrate the word lines; a bit line (BL) in contact with the semiconductor patterns; capping dielectric patterns (CP) between the bit line (BL) and the word lines (WL), the capping dielectric patterns covering sidewalls of the word lines (WL); and a data storage element (CAP) on the semiconductor substrate, wherein a level of a bottom surface of the etch stop layer (TIL) is the same as a level of a top surface of the bit line(BL). (Claim 12) Jung et al. teach wherein the etch stop layer includes SiO2 or SiN (paragraph 41). (Claim 13) Jung et al. teach wherein the etch stop layer further includes C, N, O, or B (paragraph 41). (Claim 14) the device, further comprising a peripheral layer on the etch stop layer, wherein: the etch stop layer (TIL) includes a connection post (PE embedded in TIL), and the stack structure and the peripheral layer are electrically connected through the connection post. (Claim 18) Jung et al. teach the device, further comprising a vertical dielectric pattern (130) in contact with the bit line (BL), wherein a top surface of the vertical dielectric pattern (130) is coplanar with the bottom surface of the etch stop layer (TIL). Claims 19 – 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sato et al. (US 2021/0408035). PNG media_image2.png 470 588 media_image2.png Greyscale (Claim 19) Sato et al. teach a semiconductor memory device, comprising: a lower substrate; a peripheral layer (100, 200) on the lower substrate; a first stack structure (165) that includes word lines (146) and interlayer dielectric patterns (132) that are alternately stacked on the peripheral layer; a first etch stop layer (180, paragraph 128) on the first stack structure; a second stack structure (265) that includes word lines (246) and interlayer dielectric patterns (232) that are alternately stacked on the first etch stop layer; and a second etch stop layer (270, paragraph 146) on the second stack structure, wherein the first stack structure and the second stack structure are electrically connected (fig. 40A #276, paragraph 291) to each other. (Claim 20) Sato et al. teach wherein the first etch stop layer (180, doped silicate glass, paragraph 116) and the second etch stop layer (270, silicon oxide, paragraph 136) include different materials from each other. Allowable Subject Matter Claims 5, 9, 10, 15 – 17 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. (Claims 5) the bottom surface of the etch stop layer in contact with a top surface of the plate electrode. (Claim 9) wherein the bottom surface of the etch stop layer is in contact with a top surface of the vertical dielectric pattern. (Claim 10) wherein the interlayer dielectric patterns include an air gap, and the etch stop layer includes TiN or W. (Claim 15) a level of a top surface of the plate electrode is the same as the level of the bottom surface of the etch stop layer. Conclusion Prior art made of record and not relied upon, considered pertinent to applicant's disclosure are listed in PTO – 892 Form. Contact Information Any inquiry concerning this communication or earlier communications from the examiner should be directed to IGWE U ANYA whose telephone number is (571)272-1887. The examiner can normally be reached 8:00 AM - 6:00 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, Matthew Landau can be reached at (571) 272- 1731. 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. /IGWE U ANYA/Primary Examiner, Art Unit 2891 April 1, 2026
Read full office action

Prosecution Timeline

Oct 27, 2023
Application Filed
Apr 02, 2026
Non-Final Rejection — §102 (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

1-2
Expected OA Rounds
85%
Grant Probability
79%
With Interview (-5.9%)
2y 7m
Median Time to Grant
Low
PTA Risk
Based on 938 resolved cases by this examiner. Grant probability derived from career allow rate.

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