Prosecution Insights
Last updated: April 19, 2026
Application No. 18/458,069

SEMICONDUCTOR MEMORY DEVICE AND MANUFACTURING METHOD OF SEMICONDUCTOR MEMORY DEVICE

Non-Final OA §103
Filed
Aug 29, 2023
Examiner
MCCALL SHEPARD, SONYA D
Art Unit
2898
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Kioxia Corporation
OA Round
1 (Non-Final)
93%
Grant Probability
Favorable
1-2
OA Rounds
2y 3m
To Grant
97%
With Interview

Examiner Intelligence

Grants 93% — above average
93%
Career Allow Rate
1082 granted / 1164 resolved
+25.0% vs TC avg
Minimal +4% lift
Without
With
+3.6%
Interview Lift
resolved cases with interview
Typical timeline
2y 3m
Avg Prosecution
24 currently pending
Career history
1188
Total Applications
across all art units

Statute-Specific Performance

§101
0.3%
-39.7% vs TC avg
§103
47.3%
+7.3% vs TC avg
§102
36.1%
-3.9% vs TC avg
§112
13.0%
-27.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1164 resolved cases

Office Action

§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 . Election/Restrictions Applicant’s election without traverse of Group I, claims 1-7 in the reply filed on 02/02/2026 is acknowledged. Specification The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification. Claim Objections Claims 1, 3 and 7 are objected to because of the following informalities: (Original) A semiconductor memory device comprising: at least one first insulating layer among the plurality of first insulating layers in a first region along the stacking direction of the first stacked body above a lowermost one of the first insulating layers of the first stacked body is thicker than the first insulating layers of the plurality of first insulating layers in a second region… 3. (Original) The semiconductor memory device according to claim 1, wherein multiple first insulating layers in the first region are each thicker than the first insulating layers in the second region. 7. (Original) The semiconductor memory device according to claim 1, further comprising: wherein at least one second insulating layer among the plurality of second insulating layers in a third region along the stacking direction of the second stacked body above of the first stacked body is thicker than the second insulating layers of the plurality of second insulating layers in a fourth region… Appropriate correction is required. Claim Rejections - 35 USC § 103 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 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 and 5-6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hwang et al. US 2021/0375905 in view of Jang et al. US 2022/0020766. PNG media_image1.png 553 798 media_image1.png Greyscale Hwang et al. US 2021/0375905 Regarding claim 1, Hwang et al. in Fig. 28 and [0013]-[0153] discloses a semiconductor memory device comprising: a lower layer film 520; a first stacked body ST1 [0022] above the lower layer film 520 and having a plurality of first conductive layers WS [0073] and a plurality of first insulating layers 112 and 116 [0019], [0038] alternately stacked on each other along a stacking direction; and a first pillar 150H and160H [0029], [0055] that penetrates through the first stacked body ST1 to reach the lower layer film Figs, 6-16 and has a memory cell formed at each intersection with the plurality of first conductive layers WS Fig. 16, [0073]-[0078]. Hwang et al. discloses at least one first insulating layer 114 among the plurality of first insulating layers 112 in a first region along the stacking direction of the first stacked body ST1 above a lowermost one of the first insulating layers 112 of the first stacked body ST1 and the first insulating layers 116 of the plurality of first insulating layer 116 in a second region above the first region in the stacking direction of the first stacked body ST1 (i.e. any region above ST1 including ST2), and the first pillar has: (Fig. 28, annotated above) a first bowing shape at a height position along the stacking direction of the at least one first insulating layer 114, and a second bowing shape at a height position along the stacking direction in the second region. Hwang et al. does not expressly disclose wherein at least one first insulating layer 114 among the plurality of first insulating layers 112 in a first region along the stacking direction of the first stacked body ST1 above a lowermost one of the first insulating layers 112 of the first stacked body ST1 is thicker than the first insulating layers 116 of the plurality of first insulating layer 116 in a second region above the first region in the stacking direction of the first stacked body ST1 (i.e. any region above ST1 including ST2). PNG media_image2.png 536 505 media_image2.png Greyscale Jang et al. US 2022/0020766 However, in analogous art, Jang et al. in Fig. 3 and [0002], [0053] teaches a three-dimensional semiconductor memory device including a vertical channel film and an insulating film 125 thicker than an insulating film 120 of a sub-stacked structure ST1 and a sub-stacked structure ST2, having improved element performance and integration. Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teachings of Jang et al. in the device of Hwang et al. for the purpose of enhancing the device performance and the degree of integration. Regarding claim 5, Hwang et al. in view of Jang et al. teaches the semiconductor memory device according to claim 1. Hwang et al. teaches wherein the first pillar tapers inwardly in diameter from the maximum diameter of the first bowing shape toward the lower layer film in the stacking direction, Fig. 15. Regarding claim 6, Hwang et al. in view of Jang et al. teaches the semiconductor memory device according to claim 1. Hwang et al. teaches wherein the second bowing shape has a maximum diameter at a top surface of the first stacked body ST1 (Fig. 28, annotated above). Allowable Subject Matter Claims 2-4 and 7 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: Claim 2 is allowed because the prior art neither anticipates nor renders obvious, in the context of the claims, wherein, when a height of a top surface of the first stacked body from a bottom surface of the first stacked body is set to a value of 100%, the at least one first insulating layer in the first region is at a height position in a range of 20% to 50% of the height of the top surface from the bottom surface. Claim 3 is allowed because the prior art neither anticipates nor renders obvious, in the context of the claims, wherein multiple first insulating layers in the first region are each thicker than the first insulating layers in second region. Claim 4 directly depends from claim 3. Claim 7 is allowed because the prior art neither anticipates nor renders obvious, in the context of the claims, further comprising: a second stacked body above the first stacked body and having a plurality of second conductive layers and a plurality of second insulating layers alternately stacked on each other along the stacking direction; and a second pillar that penetrates through the second stacked body to reach a top surface of the first pillar in the first stacked body and has a memory cell formed at each intersection with the plurality of second conductive layers, wherein at least one second insulating layer among the plurality of second insulating layers in a third region along the stacking direction of the second stacked body above of the first stacked body is thicker than the second insulating layers of the plurality of second insulating layer in a fourth region above the third region in the stacking direction of the second stacked body, and the second pillar has: a third bowing shape at a height position along the stacking direction of the at least one second insulating layer, and a fourth bowing shape at a height position along the stacking direction in the second region. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to SONYA D MCCALL-SHEPARD whose telephone number is (571)272-9801. The examiner can normally be reached M-F: 8:30 AM-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, Julio J. Maldonado can be reached at (571)272-1864. 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. /Sonya McCall-Shepard/Primary Examiner, Art Unit 2898
Read full office action

Prosecution Timeline

Aug 29, 2023
Application Filed
Feb 20, 2026
Non-Final Rejection — §103 (current)

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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
93%
Grant Probability
97%
With Interview (+3.6%)
2y 3m
Median Time to Grant
Low
PTA Risk
Based on 1164 resolved cases by this examiner. Grant probability derived from career allow rate.

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