Prosecution Insights
Last updated: October 25, 2026
Application No. 18/403,487

THREE-DIMENSIONAL SEMICONDUCTOR MEMORY DEVICE AND ELECTRONIC SYSTEM INCLUDING THE SAME

Non-Final OA §102
Filed
Jan 03, 2024
Priority
Jun 12, 2023 — RE 10-2023-0074704
Examiner
HSIEH, HSIN YI
Art Unit
2899
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Samsung Electronics Co., Ltd.
OA Round
1 (Non-Final)
51%
Grant Probability
Moderate
1-2
OA Rounds
1y 1m
Est. Remaining
57%
With Interview

Examiner Intelligence

Grants 51% of resolved cases
51%
Career Allowance Rate
327 granted / 642 resolved
-17.1% vs TC avg
Moderate +6% lift
Without
With
+5.8%
Interview Lift
resolved cases with interview
Typical timeline
3y 11m
Avg Prosecution
27 currently pending
Career history
703
Total Applications
across all art units

Statute-Specific Performance

§101
0.1%
-39.9% vs TC avg
§103
37.2%
-2.8% vs TC avg
§102
20.2%
-19.8% vs TC avg
§112
40.7%
+0.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 642 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 . Election/Restrictions Applicant’s election without traverse of Group I and Species I of Figs. 8A-8B in the reply filed on 09/14/2026 and in the Interview Summary on 09/24/2026 is acknowledged. Claims 7 and 18-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention or species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 09/14/2026 and in the Interview Summary on 09/24/2026. Priority Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55. Information Disclosure Statement The information disclosure statement (IDS) submitted on 01/03/2024 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. (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claim(s) 1-3, 5-6 and 9-10 is/are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Lee et al. (US 20220199767 A1). Regarding claim 1, Lee et al. teach a three-dimensional semiconductor memory device (Fig. 34; [0099]), comprising: a plurality of stack structures (21u, 21d and WL; Fig. 34, [0038, 0036, 0098]) comprising a plurality of interlayer dielectric layers (21u and 21d; Fig. 34, [0038, 0036]) and a plurality of gate electrodes (WL; Fig. 34, [0098]) that are alternately stacked (see Fig. 34) on a substrate (10W; Fig. 34, [0034]); a plurality of vertical channel structures (40; Fig. 34, [0022]) penetrating the plurality of stack structures (21u, 21d and WL); and a separation structure (90; Fig. 34, [0022]) extending in a first direction (the vertical direction in Fig. 34) across between adjacent stack structures (21u, 21d and WL) of the plurality of stack structures (21u, 21d and WL), wherein the separation structure (90) includes: a first portion (an lower portion of 90; see Fig. 34 below) extending in a vertical direction from the substrate (10W) and a second portion (an upper portion of 90; see Fig. 34 below) on the first portion (an lower portion of 90; see Fig. 34 below), the second portion (an upper portion of 90; see Fig. 34 below) including a material (the material of 92) different from ([0100]) a material (the material of 93) of the first portion (an lower portion of 90; see Fig. 34 below), and wherein a level of a top surface of the second portion (an upper portion of 90; see Fig. 34 below) is a same as a level of top surfaces of the plurality of vertical channel structures (40; see Fig. 34 below). PNG media_image1.png 560 456 media_image1.png Greyscale [AltContent: connector][AltContent: textbox (Second portion of 90)][AltContent: textbox (First portion of 90)][AltContent: connector][AltContent: connector] Regarding claim 2, Lee et al. teach the three-dimensional semiconductor memory device of claim 1, wherein the separation structure (90) is spaced apart from the plurality of vertical channel structures (40) in a second direction (horizontal direction in Fig. 34), the second direction (horizontal direction in Fig. 34) intersecting the first direction (the vertical direction in Fig. 34). Regarding claim 3, Lee et al. teach the three-dimensional semiconductor memory device of claim 2, wherein the first portion (an lower portion of 90; see Fig. 34 above) is in contact with the gate electrodes (WL) adjacent to each other in the second direction (horizontal direction in Fig. 34). Regarding claim 5, Lee et al. teach the three-dimensional semiconductor memory device of claim 1, wherein the first portion (an lower portion of 90; see Fig. 34 above) includes silicon nitride ([0048]), and wherein the second portion (an upper portion of 90; see Fig. 34 above) includes silicon oxide ([0048]). Regarding claim 6, Lee et al. teach the three-dimensional semiconductor memory device of claim 1, wherein the second portion (an upper portion of 90; see Fig. 34 above) has a shape that is convex toward the substrate (10W, the lower end of the upper portion of 90 is convex toward the substrate 10W; see Fig. 34 above). Regarding claim 9, Lee et al. teach the three-dimensional semiconductor memory device of claim 1, wherein the separation structure (90) has a largest width at a level (the level of the ST layer; see Fig. 34 above) lower than the top surface of the second portion (an upper portion of 90; see Fig. 34 above). Regarding claim 10, Lee et al. teach the three-dimensional semiconductor memory device of claim 1, wherein the second portion (an upper portion of 90; see Fig. 34 above) is in an uppermost one of the interlayer dielectric layers (the lower end of an upper portion of 90 is in the uppermost one of the interlayer dielectric layers 21u). Claim(s) 1, 4 and 8 is/are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Lee et al. (US 20220115390). Regarding claim 1, Lee et al. teach a three-dimensional semiconductor memory device (Fig. 6; [0120]), comprising: a plurality of stack structures (ILDa, ILDb, ELa and ELb; Fig. 6, [0055]) comprising a plurality of interlayer dielectric layers (ILDa, ILDb; Fig. 6, [0055]) and a plurality of gate electrodes (ELa and ELb; Fig. 6, [0055]) that are alternately stacked (see Fig. 6) on a substrate (100; Fig. 6, [0052]); a plurality of vertical channel structures (VSP used as vertical channels; Fig. 6, [0070]) penetrating the plurality of stack structures (ILDa, ILDb, ELa and ELb); and a separation structure (FL2 and L2 of WC3 separating ILDa and ILDb; Figs. 6 and 7A, [0053, 0110]) extending in a first direction (the vertical direction in Fig. 6) across between adjacent stack structures (ILDa, ILDb, ELa and ELb) of the plurality of stack structures (ILDa, ILDb, ELa and ELb), wherein the separation structure (FL2 and L2 of WC3) includes: a first portion (an lower portion of FL2 and L2 of WC3; see Fig. 6 below) extending in a vertical direction from the substrate (100) and a second portion (an upper portion of FL2 and L2 of WC3; see Fig. 6 below) on the first portion (an lower portion of FL2 and L2 of WC3; see Fig. 6 below), the second portion (an upper portion of FL2 and L2 of WC3; see Fig. 6 below) including a material (the material of L2, silicon nitride; [0107]) different from a material (the material of FL2, polysilicon; [0107]) of the first portion (an lower portion of FL2 and L2 of WC3; see Fig. 6 below), and wherein a level of a top surface of the second portion (an upper portion of FL2 and L2 of WC3; see Fig. 6 below) is a same as a level of top surfaces of the plurality of vertical channel structures (VSP; see Fig. 6 below). PNG media_image3.png 523 740 media_image3.png Greyscale [AltContent: connector][AltContent: textbox (Second portion of FL2 and L2 of WC3)][AltContent: textbox (First portion of FL2 and L2 of WC3)][AltContent: connector][AltContent: connector] Regarding claim 4, Lee et al. teach the three-dimensional semiconductor memory device of claim 1, wherein the first portion (an lower portion of FL2 and L2 of WC3; see Fig. 6 above) has a seam (FL2s; Fig. 6, [0106]) therein, and wherein the seam (FL2s) is in contact with the second portion (an upper portion of FL2 and L2 of WC3; see Fig. 6 above). Regarding claim 8, Lee et al. teach the three-dimensional semiconductor memory device of claim 1, further comprising an interfacial dielectric layer (BLK and L1 of WC3; Figs. 7A and 8, [0117, 0110]) between the plurality of vertical channel structures (VSP) and the gate electrodes (ELa and ELb; Figs. 6, 8), wherein the interfacial dielectric layer (L1 of WC3) extends between the interlayer dielectric layers (ILDa, ILDb) and the separation structure (FL2 and L2 of WC3; Fig. 7A). Allowable Subject Matter Claims 13-17 are allowed. Claims 11-12 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. The following is a statement of reasons for the indication of allowable subject matter: The prior art of record does not teach or suggest, singularly or in combination, at least the limitations of “a selection mold structure on the plurality of stack structures, the selection mold structure including a selection semiconductor layer; and an upper separation structure penetrating the selection mold structure and contacting the second portion” as recited in claim 11 and “a selection mold structure on the plurality of stack structures, the selection mold structure comprising a selection semiconductor layer; an upper separation structure penetrating the selection mold structure and contacting the separation structure; a plurality of upper vertical channel structures penetrating the selection mold structure and correspondingly connected to the plurality of vertical channel structures; and a separation dielectric pattern in the selection mold structure, the separation dielectric pattern penetrating the selection semiconductor layer” as recited in claim 13. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to HSIN YI HSIEH whose telephone number is (571)270-3043. The examiner can normally be reached 8:30 - 5:00 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, Zandra V Smith can be reached on 571-272-2429. 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. /HSIN YI HSIEH/Primary Examiner, Art Unit 2899 9/27/2026
Read full office action

Prosecution Timeline

Jan 03, 2024
Application Filed
Sep 24, 2026
Examiner Interview (Telephonic)
Sep 30, 2026
Non-Final Rejection mailed — §102
Oct 23, 2026
Interview Requested

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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
51%
Grant Probability
57%
With Interview (+5.8%)
3y 11m (~1y 1m remaining)
Median Time to Grant
Low
PTA Risk
Based on 642 resolved cases by this examiner. Grant probability derived from career allowance rate.

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