Prosecution Insights
Last updated: April 19, 2026
Application No. 18/459,841

SEMICONDUCTOR DEVICE AND METHOD OF MANUFACTURING SEMICONDUCTOR DEVICE

Non-Final OA §102§103
Filed
Sep 01, 2023
Examiner
LEE, EUGENE
Art Unit
2815
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Kioxia Corporation
OA Round
1 (Non-Final)
82%
Grant Probability
Favorable
1-2
OA Rounds
2y 9m
To Grant
87%
With Interview

Examiner Intelligence

Grants 82% — above average
82%
Career Allow Rate
728 granted / 891 resolved
+13.7% vs TC avg
Minimal +5% lift
Without
With
+4.9%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
39 currently pending
Career history
930
Total Applications
across all art units

Statute-Specific Performance

§101
0.3%
-39.7% vs TC avg
§103
41.1%
+1.1% vs TC avg
§102
25.6%
-14.4% vs TC avg
§112
24.5%
-15.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 891 resolved cases

Office Action

§102 §103
DETAILED ACTION Election/Restrictions Applicant’s election without traverse of Group I (claims 1-10) in the reply filed on 12/19/25 is acknowledged. Claims 11, and 12 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 12/19/25. Claim Objections Claim 10 is objected to because of the following informalities: in line 1, there is a typographical error (“f”). Appropriate correction is required. 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(s) 1 thru 7 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Cheng et al US 2018/0294202 A1. Cheng discloses (see, for example, FIG. 1B) a semiconductor device comprising a wiring substrate 120, one semiconductor element 130, first resin layer 150, and second resin layer 140. The first semiconductor element 130 is provided above the wiring substrate 120, and the first resin layer 150 seals the first semiconductor element 130, and the second resin layer 140 is provided on the outer surface of the first resin layer 150. In paragraph [0024], Cheng discloses the first resin layer 150 and second resin layer 140 include thermosetting epoxy resins. Regarding the limitation “wherein a Young's modulus of the second resin layer is greater than a Young's modulus of the first resin layer,”, see, for example, paragraph [0020] wherein Cheng discloses the Young’s modulus of first resin layer 150 being smaller than second resin layer 140. Regarding claim 2, see, for example, FIG. 1B wherein Cheng discloses at least a portion of an inner surface of the second resin layer 140 being in contact with an outside surface of the first resin layer 150. Regarding claim 3, see, for example, FIG. 1A wherein Cheng discloses the second resin layer 140 being provided in about 50% or more and about 100% or less of an area of the outside surface of the first resin layer 150. Regarding claim 4, see, for example, paragraph [0024] wherein Cheng discloses the first resin layer 150 includes a first resin and a first filler, and wherein the second resin layer 140 includes a second resin and a second filler. Regarding claim 5, see, for example, FIG. 1B wherein Cheng discloses the second resin layer 140 being not in contact with the first semiconductor element 130. Regarding claim 6, see, for example, FIG. 1B wherein Cheng discloses a thickness of the second resin layer 140 being thinner than a thickness of the first resin layer 150. Regarding claim 7, see, for example, FIG. 1B wherein Cheng discloses the second resin layer 140 being in contact with the wiring substrate 120. 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. Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cheng et al. US 2018/0294202 A1 as applied to claims 1-7 above, and further in view of Roth et al. US 2021/0166986 A1. Cheng does not disclose the linear thermal expansion coefficient of the first resin layer and the linear thermal expansion coefficient of the second resin layer being reversely positive or negative. However, Roth discloses (see, for example, FIG. 7) a semiconductor device comprising a first resin layer 106 and second resin layer 108. In paragraph [0092], Roth discloses the second resin layer 108 includes a negative coefficient of thermal expansion and the first resin layer 106 includes a positive coefficient of thermal expansion. It would have been obvious to one of ordinary skill in the art to have the linear thermal expansion coefficient of the first resin layer and the linear thermal expansion coefficient of the second resin layer being reversely positive or negative in order to provide protection against the formation of cracks and delamination in the semiconductor device. Claim(s) 9, and 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cheng et al. US 2018/0294202 A1 as applied to claims 1-7 above, and further in view of Lin et al. US 2014/0091454 A1. Cheng does not disclose the second resin layer contains glass fiber or/and carbon fiber. However, Lin discloses (see, for example, FIG. 10k) a semiconductor device 362 comprising a second resin layer 314. In paragraph [0101], Lin discloses the second resin layer 314 may include carbon fibers. It would have been obvious to one of ordinary skill in the art to have the second resin layer contains glass fiber or/and carbon fiber in order to provide both warpage control and enhance package strength, and since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416. Regarding claim 10, see, for example, paragraph [0024] wherein Cheng discloses the first resin layer 150 includes thermosetting epoxy resins, which have an insulating property, and regarding the limitation “second resin layer has a conductive property.”, Cheng in view of Lin discloses carbon fibers, which are conductive, and therefore, have conductive property. INFORMATION ON HOW TO CONTACT THE USPTO Any inquiry concerning this communication or earlier communications from the examiner should be directed to EUGENE LEE whose telephone number is (571)272-1733. The examiner can normally be reached M-F 730-330 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, JOSHUA BENITEZ can be reached at 571-270-1435. 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. Eugene Lee January 1, 2026 /EUGENE LEE/Primary Examiner, Art Unit 2815
Read full office action

Prosecution Timeline

Sep 01, 2023
Application Filed
Jan 06, 2026
Non-Final Rejection — §102, §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
82%
Grant Probability
87%
With Interview (+4.9%)
2y 9m
Median Time to Grant
Low
PTA Risk
Based on 891 resolved cases by this examiner. Grant probability derived from career allow rate.

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