Prosecution Insights
Last updated: April 19, 2026
Application No. 18/450,435

STACKED CHIP AND FABRICATION METHOD OF STACKED CHIP

Final Rejection §102§103
Filed
Aug 16, 2023
Examiner
WOLDEGEORGIS, ERMIAS T
Art Unit
2893
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Tokyo Institute of Technology
OA Round
2 (Final)
71%
Grant Probability
Favorable
3-4
OA Rounds
3y 0m
To Grant
83%
With Interview

Examiner Intelligence

Grants 71% — above average
71%
Career Allow Rate
526 granted / 743 resolved
+2.8% vs TC avg
Moderate +12% lift
Without
With
+11.9%
Interview Lift
resolved cases with interview
Typical timeline
3y 0m
Avg Prosecution
49 currently pending
Career history
792
Total Applications
across all art units

Statute-Specific Performance

§101
0.2%
-39.8% vs TC avg
§103
68.7%
+28.7% vs TC avg
§102
26.6%
-13.4% vs TC avg
§112
3.6%
-36.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 743 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 . Response to Amendment Claim 9 has been amended; and claims 1-14 are currently pending. Priority Acknowledgment is made of applicant's claim for foreign priority under 35 U.S.C. 119(a)-(d). 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 1 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hong (US 2019/0157244 A1, hereinafter “Hong”). In regards to claim 1, Hong discloses (See, for example, Fig. 1 annotated and included below) a stacked chip comprising: a first semiconductor chip (120); and a second semiconductor chip (130) that is bonded to the first semiconductor chip (120), wherein the first semiconductor chip (120) has: a first supporting substrate (121); and a first circuit layer (122) that is formed on the first supporting substrate (121), including a first region (region where via 12 passing thru and connected to) in which a first circuit is formed and a second region (region where via 13 is passing thru and connected to) in which a second circuit is formed, the second semiconductor chip (130) has: a second supporting substrate (131) that is bonded to the first circuit layer (122) side of the first semiconductor chip (120); a second circuit layer (132) that is formed on a surface in the second supporting substrate (131) on an opposite side from the first semiconductor chip (120), including a third region (region where via 21 passing thru and connected to) that corresponds to a position of the first region of the first circuit layer (122) and a fourth region (region where via 22 passing thru and connected to) that corresponds to a position of the second region of the first circuit layer (122) and in which the second circuit is formed; a first embedded portion (portion of 21 embedded in 132) that is embedded in a first hole portion penetrating through the third region (region where via 21 passing thru and connected to) of the second circuit layer (132) and extending to an inside of the second supporting substrate (131); and a first through via (21) that penetrates through the first embedded portion (portion of 21 embedded in 132) and the second supporting substrate (131), and is electrically conducted with the first circuit of the first circuit layer (122). 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. Claims 2-3 are rejected under 35 U.S.C. 103 as being unpatentable over Hong. In regards to claim 2, Hong discloses all limitations of claim 1 above but silent about the first hole portion does not penetrate through the second supporting substrate. Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to have the first hole portion does not penetrate through the second supporting substrate since it has been held that constructing a formerly integral structure in various elements involves only routine skill in the art. Nerwin V. Erlichman, 168 USPQ 177, 179. In regards to claim 3, Hong discloses (See, for example, Fig. 1) a contour of a cross section of the first embedded portion (portion of 21 embedded in 132) in a stack direction. However, Hong is silent about the first embedded portion is round. Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to make the first embedded portion round since such a modification would have involved a mere change in the shape of a component. A change in shape is generally recognized as being within the level of ordinary skill in the art. In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966). PNG media_image1.png 490 618 media_image1.png Greyscale Allowable Subject Matter Claim 4-10 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 11 and 14 are allowed over prior art of record. The following is a statement of reasons for the indication of allowable subject matter: In regards to claim 11, he prior art of record neither anticipates nor renders obvious the claimed subject matter of the instant application as a whole either taken alone or in combination, in particular, prior art of record does not teach forming a through via that penetrates through the embedded portion and the supporting substrate in the second semiconductor chip, and causing the second circuit in the second semiconductor chip to be electrically conducted with the first circuit in the first semiconductor chip corresponding to a position of the first circuit that has been removed in the second semiconductor chip, via the through via. In regards to claim 14, he prior art of record neither anticipates nor renders obvious the claimed subject matter of the instant application as a whole either taken alone or in combination, in particular, prior art of record does not teach forming a through via that penetrates through the embedded portion in the second semiconductor chip, and causing a remaining circuit in the second semiconductor chip to be electrically conducted with circuit corresponding to a position of the circuit that has been removed in the second semiconductor chip, among the at least two types of circuit in the first semiconductor chip, via the through via. Claims 12-13 are also allowed as being dependent of the allowed independent base claim. Response to Arguments Applicant’s arguments are directed solely to the omission of the annotated figure and do not address the substance of the rejection. Accordingly, the rejection is maintained for the reasons of record, now supplemented with the annotated Fig. 1. Conclusion THIS ACTION IS MADE FINAL. 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. Correspondence Any inquiry concerning this communication or earlier communications from the examiner should be directed to ERMIAS T WOLDEGEORGIS whose telephone number is (571)270-5350. The examiner can normally be reached on Monday-Friday 8 am - 5 pm E.S.T.. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Britt Hanley can be reached on 571-270-3042. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /ERMIAS T WOLDEGEORGIS/Primary Examiner, Art Unit 2893
Read full office action

Prosecution Timeline

Aug 16, 2023
Application Filed
Oct 15, 2025
Non-Final Rejection — §102, §103
Jan 09, 2026
Response Filed
Feb 20, 2026
Final Rejection — §102, §103
Apr 02, 2026
Interview Requested

Precedent Cases

Applications granted by this same examiner with similar technology

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Display Module and Display Device
2y 5m to grant Granted Apr 07, 2026
Patent 12593457
MULTI-STATE FERROELECTRIC-RAM WITH STACKED CAPACITORS
2y 5m to grant Granted Mar 31, 2026
Patent 12588365
DISPLAY APPARATUS AND METHOD OF MANUFACTURING THE SAME
2y 5m to grant Granted Mar 24, 2026
Patent 12588398
TOUCH DISPLAY PANEL AND PREPARATION METHOD THEREOF, AND DISPLAY APPARATUS
2y 5m to grant Granted Mar 24, 2026
Patent 12580019
SEMICONDUCTOR DEVICE AND FABRICATION METHOD THEREOF
2y 5m to grant Granted Mar 17, 2026
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
71%
Grant Probability
83%
With Interview (+11.9%)
3y 0m
Median Time to Grant
Moderate
PTA Risk
Based on 743 resolved cases by this examiner. Grant probability derived from career allow rate.

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