Prosecution Insights
Last updated: August 17, 2026
Application No. 18/458,284

SEMICONDUCTOR MEMORY DEVICE AND METHOD OF MANUFACTURING SEMICONDUCTOR DEVICE

Final Rejection §103§112
Filed
Aug 30, 2023
Priority
Sep 20, 2022 — JP 2022-149481
Examiner
GONDARENKO, NATALIA A
Art Unit
2891
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
KIOXIA Corporation
OA Round
2 (Final)
72%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
94%
With Interview

Examiner Intelligence

Grants 72% — above average
72%
Career Allowance Rate
647 granted / 893 resolved
+4.5% vs TC avg
Strong +21% interview lift
Without
With
+21.0%
Interview Lift
resolved cases with interview
Typical timeline
2y 4m
Avg Prosecution
40 currently pending
Career history
937
Total Applications
across all art units

Statute-Specific Performance

§101
0.2%
-39.8% vs TC avg
§103
57.2%
+17.2% vs TC avg
§102
13.8%
-26.2% vs TC avg
§112
26.0%
-14.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 893 resolved cases

Office Action

§103 §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 . Response to Amendment This Office Action is in response to the amendments filed on 05/13/2026. Applicant’s amendments filed 05/13/2026 have been fully considered and reviewed by the examiner. The examiner notes the amendment of claims 1, 5-6, and 8; the cancellation of claim 9; and the addition of new claim 20. 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. Claim 20 is 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 20 recites “an average hydrogen concentration of the plurality of second insulating films is more than 15 atom%”. However, claim 1 (upon which claim 20 depends) recites “a plurality of third insulating films containing nitrogen and at least one of oxygen and hydrogen”. Thus, it is unclear which particular plurality of insulating films (the plurality of second insulating films or the plurality of third insulating films or both) includes hydrogen with an average hydrogen concentration of more than 15 atom%? 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 1 and 7 are rejected under 35 U.S.C. 103 as being unpatentable over US 2021/0057444 to Park in view of Cho (US 2020/0402998). With respect to claim 1, Park discloses a semiconductor memory device (e.g., memory cell array, see the annotated Fig. 5A above) (Park, Figs. 4, 5A-5B, ¶0004-¶0007, ¶0024-¶0025, ¶0032-¶0033, ¶0043-¶0082) comprising: a multi-layered structure (120/130 and 120/180) (Park, Figs. 4, 5A-5B, ¶0048, ¶0050-¶0051, ¶0054, ¶0060, ¶0065-¶0069, ¶0072) having a first region (e.g., a memory cell region including a first region A with vertically stacked gate electrodes 130) (Park, Figs. 4, 5A-5B, ¶0048, ¶0050-¶0051, ¶0054, ¶00600 and a second region (e.g., an end region B/C of the memory cell region and including an insulation region IR with vertically stacked insulating layers 120/180, wherein the gate electrodes 130 are absent) (Park, Figs. 4, 5A-5B, ¶0048, ¶0065-¶0069, ¶0072); the first region (A) of the multi-layered structure comprising a first stack (e.g., 120/130) (Park, Figs. 4, 5A-5B, ¶0050, ¶0053-¶0054) and a first pillar (e.g., channel structure CH) (Park, Figs. 4, 5A-5B, ¶0060-¶0061); the first stack (120/130) comprising an alternate stack in a first direction (e.g., a vertical Z-direction) (Park, Figs. 4, 5A-5B, ¶0050, ¶0054) of a plurality of first insulating films (120) containing oxygen (e.g., silicon oxide) (Park, Figs. 4, 5A-5B, ¶0054) and a plurality of first conductive films (130, gate electrodes) (Park, Figs. 4, 5A-5B, ¶0053); the first pillar (CH) (Park, Figs. 4, 5A-5B, ¶0060-¶0061) comprising a first semiconductor layer (140) and extending in the first direction (e.g., Z-direction); the second region (e.g., the end region B/C of the region A and including through-wiring regions TB1/TB2) (Park, Figs. 4, 5A-5B, ¶0048, ¶0065-¶0066) of the multi-layered structure comprising a second stack (e.g., an insulation region IR including stacked interlayer insulating layers 120 and sacrificial insulating layers 180) (Park, Figs. 4, 5A-5B, ¶0067-¶0069) and a second pillar (e.g., DCH, dummy channel structure) (Park, Figs. 4, 5A-5B, ¶0072-¶0073); and the second stack (120/180) (Park, Figs. 4, 5A-5B, ¶0067) comprising a repeated stack in the first direction (e.g., the vertical Z-direction) of the plurality of first insulating films (120) containing oxygen (e.g., silicon oxide) (Park, Figs. 4, 5A-5B, ¶0054, ¶0069), a plurality of second insulating films (e.g., sacrificial layers 180) containing nitrogen (e.g., silicon nitride) (Park, Figs. 4, 5A-5B, ¶0054, ¶0069, ¶0110), the repeated stack (120/180) being in the order of a first insulating film (120) of the plurality of first insulating films (120), a second insulating film (180) of the plurality of second insulating films, wherein the second pillar (e.g., DCH, dummy channel structures formed in second region including a through-wiring region TB1/TB2) (Park, Figs. 4, 5A-5B, ¶0072-¶0073, ¶0075) comprises a second semiconductor layer (140) and extends in the first direction (e.g., the vertical Z-direction), and the first region (A) (Park, Figs. 4, 5A, ¶0048) and the second region (B/C) are adjacent to each other in a second direction (e.g., X/Y-direction) intersecting the first direction (e.g., the Z-direction). Further, Park does not specifically disclose a plurality of third insulating films containing nitrogen and at least one of oxygen and hydrogen, the repeated stack being in the order of a first insulating film of the plurality of first insulating films, a second insulating film of the plurality of second insulating films, a third insulating film of the plurality of third insulating films, a fourth insulating film of the plurality of first insulating films, a fifth insulating film of the plurality of second insulating films, and a sixth insulating film of the plurality of third insulating films. However, Cho teaches forming a vertical memory device (Cho, Figs. 2A, ¶0010, ¶0020-¶0053) comprising a stack of a plurality of first insulation layers (115) and a plurality of conductive layers (265) by replacing a plurality of sacrificial films (120) of a repeated stack (110/120, see the annotated Fig. 3 below) (Cho, Fig. 3, ¶0055-¶0062) including the plurality of first insulation films (110) containing oxygen (e.g., silicon oxide) (Cho, Fig. 3, ¶0055, ¶0058) and sacrificial layer structure (120). The sacrificial layer structure (120) (Cho, Fig. 3, ¶0055, ¶0058) includes a plurality of second insulating films (e.g., the underlying insulating film 120a of silicon nitride) (Cho, Fig. 3, ¶0061) containing nitrogen, and a plurality of third insulating films (e.g., silicon oxynitride film 120b and overlying insulating film 120a of silicon nitride) (Cho, Fig. 3, ¶0061) containing nitrogen and oxygen, such that the repeated stack being in the order of a first insulating film (110) of the plurality of first insulating films (110), a second insulating film (120a) of the plurality of second insulating films (e.g., the underlying insulating films 120a), a third insulating film (120b/120a) of the plurality of third insulating films (120b/120a), a fourth insulating film (110) of the plurality of first insulating films (110), a fifth insulating film (120a) of the plurality of second insulating films (e.g., the underlying insulating films 120a), and a sixth insulating film (120b/120a) of the plurality of third insulating films (120b/120a), to replace the sacrificial films with the gate electrode layers, and to provide a plurality of charge trapping patterns of the vertical memory device to improve electrical characteristics of the vertical memory device (Cho, ¶0010). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the semiconductor memory device of Park by forming a repeated stack including a plurality of sacrificial layers not replaced with the conductive layer in the second region having regularly locating dummy channel structures as taught by Park, wherein the plurality of sacrificial layers includes a plurality of third insulating films containing nitrogen and oxygen having a different etching rate than a plurality of second insulating films containing nitrogen as taught by Cho to have the semiconductor memory device comprising: a plurality of third insulating films containing nitrogen and oxygen, the repeated stack being in the order of a first insulating film of the plurality of first insulating films, a second insulating film of the plurality of second insulating films, a third insulating film of the plurality of third insulating films, a fourth insulating film of the plurality of first insulating films, a fifth insulating film of the plurality of second insulating films, and a sixth insulating film of the plurality of third insulating films, to provide a semiconductor memory device having improved reliability by regularly locating dummy channel structures in through-wiring regions including an insulation stack; and to provide a plurality of charge trapping patterns of the vertical memory device to improve electrical characteristics of the vertical memory device (Park, ¶0004, ¶0146; Cho, ¶0010, ¶0061). Regarding claim 7, Park in view of Cho discloses the semiconductor memory device according to claim 1. Further, Park discloses the semiconductor memory device, further comprising: a first insulator (MS1) (Park, Figs. 4, 5A-5B, ¶0055, ¶0065-¶0066) penetrating through the first stack (120/130) in the first direction (e.g., Z-direction) and extending in a third direction (e.g., X-direction) intersecting the first direction (e.g., Z-direction) and the second direction (e.g., Y-direction), wherein the first insulator (MS1) isolating the first region (e.g., memory cell region A) and the second region (e.g., a region C in the end of the region A in the Y-direction and including through-wiring region TB2) from each other, and the first insulator (MS1) being between the first region (A) and the second region (C). Claims 2-3 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over US 2021/0057444 to Park in view of Cho (US 2020/0402998) as applied to claim 1, and further in view of Toriumi et al. (US 2009/0102027, hereinafter Toriumi). Regarding claims 2 and 3, Park in view of Cho discloses the semiconductor memory device according to claim 1. Further, Park does not specifically disclose that an average hydrogen concentration of the plurality of third insulating films is more than 15 atom% (as claimed in claim 2); wherein an average oxygen concentration of the plurality of third insulating films is more than 5 atom% (as claimed in claim 3). However, Toriumi teaches forming a repeating stack (102/104) (Toriumi, Figs. 1A-1C, ¶0005, ¶0008-¶0009, ¶0051-¶0053) comprising an insulator (102) including silicon nitride oxide containing oxygen, nitrogen, silicon, and hydrogen at concentrations (Toriumi, Figs. 1A-1C, ¶0052) ranging from 5 to 30 atom % and from 10 to 30 atom % for oxygen and hydrogen, respectively, to provide an insulation layer having a high dielectric strength voltage, a low dielectric constant for enabling high speed operation by reducing capacitance between the wirings, and a low hygroscopicity for preventing expansion of the insulating layer due to moisture absorption, and thus to provide a semiconductor device with high performance and reliability. The claimed ranges overlap the ranges of prior art by Toriumi. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists (M.P.E.P. §2144.05). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the semiconductor memory device of Park/Cho by forming a repeated stack including a plurality of silicon nitride oxide layers containing hydrogen and each having a specific composition as taught by Toriumi, wherein the plurality of silicon nitride oxide layers are formed as a plurality third insulating layers to have the semiconductor memory device, wherein an average hydrogen concentration of the plurality of third insulating films is more than 15 atom% (as claimed in claim 2); wherein an average oxygen concentration of the plurality of third insulating films is more than 5 atom% (as claimed in claim 3), in order to provide an insulation layer having a high dielectric strength voltage, a low dielectric constant for enabling high speed operation by reducing capacitance between the wirings, and a low hygroscopicity for preventing expansion of the insulating layer due to moisture absorption, and thus to provide a semiconductor device with high performance and reliability (Toriumi, ¶0005, ¶0008-¶0009, ¶0052). Regarding claim 20, Park in view of Cho discloses the semiconductor memory device according to claim 1. Further, Park discloses the semiconductor memory device, wherein the plurality of first insulating films (120, silicon oxide) (Park, Figs. 4, 5A-5B, ¶0054, ¶0069) of the second stack include silicon oxide, the plurality of second insulating films (180, silicon oxynitride) (Park, Figs. 4, 5A-5B, ¶0054, ¶0069, ¶0110) of the second stack include silicon nitride, but does not specifically disclose that an average hydrogen concentration of the plurality of second insulating films is more than 15 atom%. However, Toriumi teaches forming a repeating stack (Toriumi, Figs. 4A-4B, ¶0005, ¶0008-¶0009, ¶0051-¶0053, ¶0065-¶0069) comprising a plurality of first insulating films (400/402 or 404) including silicon oxynitride (Toriumi, Figs. 4A-4B, ¶0065-¶0069) and having different thicknesses, and a plurality of second insulating films including silicon oxynitride containing fluorine and having the same thickness (Toriumi, Figs. 1A-1C, ¶0069), wherein a silicon oxynitride film contains oxygen, nitrogen, silicon, and hydrogen at concentrations (Toriumi, Figs. 1A-1C, ¶0052) ranging from 5 to 30 atom % and from 10 to 30 atom % for oxygen and hydrogen, respectively, such that a total amount of hydrogen and oxygen of the silicon nitride oxide film ranges from 15 to 60 atom%, in order to provide an insulation layer having a high dielectric strength voltage, a low dielectric constant for enabling high speed operation by reducing capacitance between the wirings, and a low hygroscopicity for preventing expansion of the insulating layer due to moisture absorption, and thus to provide a semiconductor device with high performance and reliability. The claimed ranges overlap the ranges of prior art by Toriumi. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists (M.P.E.P. §2144.05). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the semiconductor memory device of Park by forming an alternate stack including a plurality of silicon nitride oxide films containing hydrogen and each having a specific composition of silicon, oxygen, nitrogen, and hydrogen as taught by Toriumi, wherein a plurality of silicon nitride oxide layers containing specific amount of oxygen (and no fluorine) are formed as a plurality of first insulating films, and a plurality of silicon nitride oxide layers containing specific amount of oxygen and hydrogen (and fluorine) are formed as a plurality second insulating layers to have the semiconductor memory device, wherein an average hydrogen concentration of the plurality of second insulating films is more than 15 atom%, in order to provide an insulation layer having a high dielectric strength voltage, a low dielectric constant for enabling high speed operation by reducing capacitance between the wirings, and a low hygroscopicity for preventing expansion of the insulating layer due to moisture absorption, and thus to provide a semiconductor device with high performance and reliability (Toriumi, ¶0005, ¶0008-¶0009, ¶0052). Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over US 2021/0057444 to Park in view of Cho (US 2020/0402998) as applied to claim 1, and further in view of Cho (US 2009/0194809, hereinafter Cho’809). Regarding claim 4, Park in view of Cho discloses the semiconductor memory device according to claim 1. Further, Park does not specifically disclose that a film thickness of each of the plurality of third insulating films is equal to or more than 1 nm. However, Cho teaches forming the repeated stack (110/120) (Cho, Fig. 3, ¶0055-¶0062) including the sacrificial layer structure (120) (Cho, Fig. 3, ¶0055, ¶0058), wherein a thickness (Cho, Fig. 3, ¶00560 of each of the plurality of third insulating films (e.g., 120b, silicon oxynitride) (Cho, Fig. 3, ¶0061) is smaller than a thickness of each of the plurality of second insulating films (e.g., 120a, silicon nitride) (Cho, Fig. 3, ¶0061). Further, Cho’809 teaches forming a silicon oxynitride layer (e.g., 3e/3c) (Cho’809, Fig. 1B, 2B, ¶0035, ¶0046-¶0049, ¶0066-¶0069) between the silicon nitride layer (3d) and the silicon oxide layer (3b/3f) and including a specific concentration of hydrogen, to block diffusion of free hydrogen into underlying/overlying silicon oxide layer, wherein a thickness of the silicon oxynitride layer (e.g., 3e/3c) is more than 0 nm and less than 3 nm. The claimed range overlaps the range of Cho’809. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists (M.P.E.P. §2144.05). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the semiconductor memory device of Park/Cho by forming a repeated stack including a plurality of sacrificial layers having a plurality of silicon oxynitride films as taught by Cho, wherein each of the plurality of silicon oxynitride films includes hydrogen and having a thickness as taught by Cho’809 to have the semiconductor memory device, wherein a film thickness of each of the plurality of third insulating films is equal to or more than 1 nm, in order to provide the vertical memory device with improved electrical characteristics; and to block diffusion of free hydrogen into underlying/overlying silicon oxide layer (Cho, ¶0010, ¶0061; Cho’809, ¶0035, ¶0049, ¶0069). Claims 5-6 are rejected under 35 U.S.C. 103 as being unpatentable over US 2021/0057444 to Park in view of Cho (US 2020/0402998) as applied to claim 1, and further in view of Han et al. (US 2019/0115365, hereinafter Han). Regarding claims 5 and 6, Park in view of Cho discloses the semiconductor memory device according to claim 1. Further, Park does not specifically disclose that a film thickness of each of the plurality of first insulating films is equal to or less than 20 nm, and a film thickness of each of the plurality of second insulating films is equal to or less than 30 nm (as claimed in claim 5); wherein a film thickness of each of the plurality of first insulating films is equal to or more than 10 nm and equal to or less than 20 nm, and a film thickness of each of the plurality of second insulating films is equal to or more than 10 nm and equal to or less than 30 nm (as claimed in claim 6). However, Han teaches forming a repeated stack (Han, Figs. 2, 6A, ¶0021-¶0032, ¶00, ¶0049) comprising a plurality of first insulating layers (e.g., 210, silicon oxide) (Han, Figs. 2, 6A, ¶0026) and a plurality of sacrificial layers (340) (Han, Figs. 2, 6A, ¶0035-¶0037, ¶0058) including a plurality of second sacrificial layer (602) and a plurality of third sacrificial layer (604), wherein a film thickness (208) (Han, Figs. 2, 6A, ¶0025) of each of the plurality of first insulating films (210) is between about 20 nm and 30 nm or less (that overlaps claimed ranges equal to or less than 20 nm, or equal to or more than 10 nm and equal to or less than 20 nm), to provide a thin isolator to reduce the overall height of the NAND string of the 3D memory device. Further, Han teaches that a film thickness of each of the second sacrificial films (602) (Han, Figs. 2, 6A, ¶0058) is about 10 nm that is in the claimed ranges of equal to or less than 30 nm, or equal to or more than 10 nm and equal to or less than 30 nm. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists (M.P.E.P. §2144.05); and a specific example in the prior art which is within a claimed range anticipates the range (M.P.E.P. §2131.03). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the semiconductor memory device of Park/Cho by forming a repeated stack including a plurality of sacrificial layers and a plurality of first insulating layers having specific thicknesses as taught by Han, wherein the plurality of sacrificial layers includes a plurality of second insulating layers to have the semiconductor memory device, wherein a film thickness of each of the plurality of first insulating films is equal to or less than 20 nm, and a film thickness of each of the plurality of second insulating films is equal to or less than 30 nm (as claimed in claim 5); wherein a film thickness of each of the plurality of first insulating films is equal to or more than 10 nm and equal to or less than 20 nm, and a film thickness of each of the plurality of second insulating films is equal to or more than 10 nm and equal to or less than 30 nm (as claimed in claim 6), in order to provide thin isolators to reduce the overall height of the NAND string of the 3D memory device (Han, ¶0002, ¶0025, ¶0058, ¶0062). Claims 8-11 are rejected under 35 U.S.C. 103 as being unpatentable over US 2021/0057444 to Park in view of Toriumi (US 2009/0102027). With respect to claim 8, Park discloses a semiconductor memory device (e.g., memory cell array, see the annotated Fig. 5A below) (Park, Figs. 4, 5A-5B, ¶0004-¶0007, ¶0024-¶0025, ¶0032-¶0033, ¶0043-¶0082) comprising: a multi-layered structure (e.g., 120/130 and 120/180) (Park, Figs. 4, 5A-5B, ¶0048, ¶0050-¶0051, ¶0054, ¶0060, ¶0065-¶0069, ¶0072) having a first region (e.g., a memory cell region including a first region A with vertically stacked gate electrodes 130) (Park, Figs. 4, 5A-5B, ¶0048, ¶0050-¶0051, ¶0054, ¶00600 and a second region (e.g., an end region B/C of the memory cell region and including an insulation region IR with vertically stacked insulating layers 120/180, wherein the gate electrodes 130 are absent) (Park, Figs. 4, 5A-5B, ¶0048, ¶0065-¶0069, ¶0072); the first region (A) of the multi-layered structure comprising a first stack (e.g., 120/130) (Park, Figs. 4, 5A-5B, ¶0050, ¶0053-¶0054) and a first pillar (e.g., channel structure CH) (Park, Figs. 4, 5A-5B, ¶0060-¶0061); the first stack (120/130) comprising an alternate stack in a first direction (e.g., a vertical Z-direction) (Park, Figs. 4, 5A-5B, ¶0050, ¶0054) of a plurality of first insulating films (120) containing oxygen (e.g., silicon oxide) (Park, Figs. 4, 5A-5B, ¶0054) and a plurality of first conductive films (130, gate electrodes) (Park, Figs. 4, 5A-5B, ¶0053); the first pillar (CH) (Park, Figs. 4, 5A-5B, ¶0060-¶0061) comprising a first semiconductor layer (140) and extending in the first direction (e.g., Z-direction); the second region (e.g., the end region B/C of the region A and including through-wiring regions TB1/TB2) (Park, Figs. 4, 5A-5B, ¶0048, ¶0065-¶0066) of the multi-layered structure comprising a second stack (e.g., an insulation region IR including stacked interlayer insulating layers 120 and sacrificial insulating layers 180) (Park, Figs. 4, 5A-5B, ¶0067-¶0069) and a second pillar (e.g., DCH, dummy channel structure) (Park, Figs. 4, 5A-5B, ¶0072-¶0073); and the second stack (120/180) (Park, Figs. 4, 5A-5B, ¶0067) comprising an alternate stack in the first direction (e.g., the vertical Z-direction) of the plurality of first insulating films (120) containing oxygen (e.g., silicon oxide) (Park, Figs. 4, 5A-5B, ¶0054, ¶0069), and a plurality of second insulating films (e.g., sacrificial layers 180) containing nitrogen (e.g., silicon oxynitride) (Park, Figs. 4, 5A-5B, ¶0054, ¶0069, ¶0110) and oxygen, the plurality of first insulating films (120) of the second stack including silicon oxide, the plurality of second insulating films (180) of the second stack including silicon nitride (e.g., silicon oxynitride includes silicon nitride), wherein the second pillar (e.g., DCH, dummy channel structures formed in second region including a through-wiring region TB1/TB2) (Park, Figs. 4, 5A-5B, ¶0072-¶0073, ¶0075) comprises a second semiconductor layer (140) and extends in the first direction (e.g., the vertical Z-direction), the first region (A) (Park, Figs. 4, 5A, ¶0048) and the second region (B/C) are adjacent to each other in a second direction (e.g., X/Y-direction) intersecting the first direction (e.g., the Z-direction). Further, Park does not specifically disclose that an average hydrogen concentration of the plurality of second insulating films is more than 15 atom%. However, Toriumi teaches forming a repeating stack (Toriumi, Figs. 4A-4B, ¶0005, ¶0008-¶0009, ¶0051-¶0053, ¶0065-¶0069) comprising a plurality of first insulating films (400/402 or 404) including silicon oxynitride (Toriumi, Figs. 4A-4B, ¶0065-¶0069) and having different thicknesses, and a plurality of second insulating films including silicon oxynitride containing fluorine and having the same thickness (Toriumi, Figs. 1A-1C, ¶0069), wherein a silicon oxynitride film or silicon nitride oxide film contains specific amount of oxygen, nitrogen, silicon, and hydrogen (Toriumi, Figs. 1A-1C, ¶0052), for example, at concentrations ranging from 5 to 30 atom % and from 10 to 30 atom % for oxygen and hydrogen, respectively, such that a total amount of hydrogen and oxygen of the silicon nitride oxide film ranges from 15 to 60 atom%, in order to provide an insulation layer having a high dielectric strength voltage, a low dielectric constant for enabling high speed operation by reducing capacitance between the wirings, and a low hygroscopicity for preventing expansion of the insulating layer due to moisture absorption, and thus to provide a semiconductor device with high performance and reliability. The claimed ranges overlap the ranges of prior art by Toriumi. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists (M.P.E.P. §2144.05). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the semiconductor memory device of Park by forming an alternate stack including a plurality of silicon nitride oxide films containing hydrogen and each having a specific composition of silicon, oxygen, nitrogen, and hydrogen as taught by Toriumi, wherein a plurality of silicon nitride oxide layers containing specific amount of oxygen (and no fluorine) are formed as a plurality of first insulating films, and a plurality of silicon nitride oxide layers containing specific amount of oxygen and hydrogen (and fluorine) are formed as a plurality second insulating layers to have the semiconductor memory device, wherein an average hydrogen concentration of the plurality of second insulating films is more than 15 atom%, in order to provide an insulation layer having a high dielectric strength voltage, a low dielectric constant for enabling high speed operation by reducing capacitance between the wirings, and a low hygroscopicity for preventing expansion of the insulating layer due to moisture absorption, and thus to provide a semiconductor device with high performance and reliability (Toriumi, ¶0005, ¶0008-¶0009, ¶0052). Regarding claims 10-11, Park discloses the semiconductor memory device according to claim 8. Further, Park does not specifically disclose that an average oxygen concentration of the plurality of second insulating films is more than 17 atom% (as claimed in claim 10); wherein a total amount of hydrogen and oxygen of the plurality of second insulating films is more than 19 atom% (as claimed in claim 11). However, (Toriumi, Figs. 4A-4B, ¶0005, ¶0008-¶0009, ¶0051-¶0053, ¶0065-¶0069) comprising a plurality of first insulating films (400/402 or 404) including silicon oxynitride (Toriumi, Figs. 4A-4B, ¶0065-¶0069) and having different thicknesses, and a plurality of second insulating films including silicon oxynitride containing fluorine and having the same thickness (Toriumi, Figs. 1A-1C, ¶0069), wherein a silicon oxynitride film contains oxygen, nitrogen, silicon, and hydrogen at concentrations (Toriumi, Figs. 1A-1C, ¶0052) ranging from 5 to 30 atom % and from 10 to 30 atom % for oxygen and hydrogen, respectively, such that a total amount of hydrogen and oxygen of the silicon nitride oxide film ranges from 15 to 60 atom%, in order to provide an insulation layer having a high dielectric strength voltage, a low dielectric constant for enabling high speed operation by reducing capacitance between the wirings, and a low hygroscopicity for preventing expansion of the insulating layer due to moisture absorption, and thus to provide a semiconductor device with high performance and reliability. The claimed ranges overlap the ranges of prior art by Toriumi. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists (M.P.E.P. §2144.05). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the semiconductor memory device of Park/Toriumi by forming an alternate stack including a plurality of silicon nitride oxide films containing hydrogen and each having a specific composition of silicon, oxygen, nitrogen, and hydrogen as taught by Toriumi, wherein a plurality of silicon nitride oxide layers containing specific amount of oxygen (and no fluorine) are formed as a plurality of first insulating films, and a plurality of silicon nitride oxide layers containing specific amount of oxygen and hydrogen (and fluorine) are formed as a plurality second insulating layers to have the semiconductor memory device, wherein an average oxygen concentration of the plurality of second insulating films is more than 17 atom% (as claimed in claim 10); wherein a total amount of hydrogen and oxygen of the plurality of second insulating films is more than 19 atom% (as claimed in claim 11), in order to provide an insulation layer having a high dielectric strength voltage, a low dielectric constant for enabling high speed operation by reducing capacitance between the wirings, and a low hygroscopicity for preventing expansion of the insulating layer due to moisture absorption, and thus to provide a semiconductor device with high performance and reliability (Toriumi, ¶0005, ¶0008-¶0009, ¶0052). Claims 12 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over US 2021/0057444 to Park in view of Toriumi (US 2009/0102027) as applied to claim 8, and further in view of Han (US 2019/0115365). Regarding claims 12 and 13, Park in view of Toriumi discloses the semiconductor memory device according to claim 8. Further, Park does not specifically disclose that a film thickness of each of the plurality of second insulating films is equal to or more than 10 nm (as claimed in claim 12); wherein a film thickness of each of the plurality of first insulating films is equal to or more than 10 nm and equal to or less than 40 nm (as claimed in claim 13). However, Han teaches forming a repeated stack (Han, Figs. 2, 6A, ¶0021-¶0032, ¶00, ¶0049) comprising a plurality of first insulating layers (e.g., 210, silicon oxide) (Han, Figs. 2, 6A, ¶0026) and a plurality of sacrificial layers (340) (Han, Figs. 2, 6A, ¶0035-¶0037, ¶0058) including a plurality of second sacrificial layer (602) and a plurality of third sacrificial layer (604), wherein a film thickness (208) (Han, Figs. 2, 6A, ¶0025) of each of the plurality of first insulating films (210) is between about 20 nm and 30 nm (that is in the claimed range of equal to or more than 10 nm and equal to or less than 40 nm), to provide a thin isolator to reduce the overall height of the NAND string of the 3D memory device. Further, Han teaches that a film thickness of each of the second sacrificial films (602) (Han, Figs. 2, 6A, ¶0058) is about 10 nm that is in the claimed range of equal to or more than 10 nm. Note that a specific example in the prior art which is within a claimed range anticipates the range (M.P.E.P. §2131.03). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the semiconductor memory device of Park/Toriumi by forming a repeated stack including a plurality of sacrificial layers and a plurality of first insulating layers having specific thicknesses as taught by Han, wherein the plurality of sacrificial layers includes a plurality of second insulating layers to have the semiconductor memory device, wherein a film thickness of each of the plurality of second insulating films is equal to or more than 10 nm (as claimed in claim 12); wherein a film thickness of each of the plurality of first insulating films is equal to or more than 10 nm and equal to or less than 40 nm (as claimed in claim 13), in order to provide thin isolators to reduce the overall height of the NAND string of the 3D memory device (Han, ¶0002, ¶0025, ¶0058, ¶0062). Response to Arguments Applicant's arguments filed 05/13/2026 have been fully considered but they are not persuasive. In response to Applicant's arguments that “Cho at best merely indicates that one second sacrificial layer 120b is formed between two first sacrificial layers 120a. Cho fails to teach or somehow suggest the features regarding the order of the first insulating film, the second insulating film, the third insulating film, the fourth insulating film, the fifth insulating film, and the sixth insulating film set forth by Applicant's Claim 1”, the examiner submits that a plurality of the underlying insulating film 120a of silicon nitride (Cho, Fig. 3, ¶0061) are interpreted as a plurality of second insulating films containing nitrogen, and a plurality of silicon oxynitride film 120b and overlying insulating film 120a of silicon nitride (Cho, Fig. 3, ¶0061) are interpreted as a plurality of third insulating films containing nitrogen and oxygen, such that the repeated stack of Cho being in the order of a first insulating film (110) of the plurality of first insulating films (110), a second insulating film (120a) of the plurality of second insulating films (e.g., the underlying insulating films 120a), a third insulating film (120b/120a) of the plurality of third insulating films (120b/120a), a fourth insulating film (110) of the plurality of first insulating films (110), a fifth insulating film (120a) of the plurality of second insulating films (e.g., the underlying insulating films 120a), and a sixth insulating film (120b/120a) of the plurality of third insulating films (120b/120a). Thus, Cho teaches the features regarding the order of the first insulating film, the second insulating film, the third insulating film, the fourth insulating film, the fifth insulating film, and the sixth insulating film set forth by Applicant's Claim 1. Therefore, the above Applicant's argument is not persuasive, and the rejection of claim 1 under 35 USC 103 over Park in view of Cho is maintained. In response to Applicant's arguments that “In Toriumi's multi-layered structure, since SiON and SiN are used, the difference in CFF adhesion is less significant than in the case of using SiO (silicon oxide) and SiN (silicon nitride) of the currently amended Claim 8 (feature (1)), and SiN defect is less likely to occur. Hence, Toriumi fails to disclose or suggest the claimed features”, the examiner submits that claim 8 does not recite “the difference in CFF adhesion” between the first insulating films and the second insulating films. Further, Toriumi teaches forming a repeating stack (Toriumi, Figs. 4A-4B, ¶0065-¶0069) comprising a plurality of first insulating films (400/402 or 404) including silicon oxynitride (and having different thicknesses), and a plurality of second insulating films including silicon oxynitride containing fluorine (and having the same thickness) (Toriumi, Figs. 1A-1C, ¶0069). In Toriumi, the first insulating films of silicon oxynitride or silicon nitride oxide (and no fluorine) includes silicon oxide, and the second insulating films of silicon oxynitride or silicon nitride oxide (and fluorine) includes silicon nitride and specific amount of hydrogen. The claim language does not exclude the plurality of first insulating films of the second stack including silicon oxide and also containing hydrogen and nitrogen, and the plurality of second insulating films of the second stack including silicon nitride and also containing hydrogen and oxygen and other element (e.g., fluorine, as taught by Toriumi). Thus, the combination Park and Toriumi discloses the features (1) and (2) of claim 8. Therefore, the above Applicant's argument is not persuasive, and the rejection of claim 8 under 35 USC 103 over Park in view of Toriumi is maintained. Regarding dependent claims 2-7, 10-13, and 20 which depend on the independent claims 1 and 8, the examiner respectfully submits that the applicant’s arguments with respect to dependent claims are not persuasive for the above reasons, thus, the rejections of the dependent claims are sustained. 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. Any inquiry concerning this communication or earlier communications from the examiner should be directed to NATALIA GONDARENKO whose telephone number is (571)272-2284. The examiner can normally be reached 9:30 AM-7:30 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. /NATALIA A GONDARENKO/Primary Examiner, Art Unit 2891
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Prosecution Timeline

Aug 30, 2023
Application Filed
Feb 13, 2026
Non-Final Rejection mailed — §103, §112
May 13, 2026
Response Filed
Jul 08, 2026
Final Rejection mailed — §103, §112 (current)

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Prosecution Projections

3-4
Expected OA Rounds
72%
Grant Probability
94%
With Interview (+21.0%)
2y 4m (~0m remaining)
Median Time to Grant
Moderate
PTA Risk
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