Prosecution Insights
Last updated: April 19, 2026
Application No. 18/460,521

MANUFACTURING METHOD OF SEMICONDUCTOR DEVICE AND SEMICONDUCTOR MANUFACTURING APPARATUS

Non-Final OA §103
Filed
Sep 01, 2023
Examiner
YASMEEN, NISHATH
Art Unit
2811
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Kioxia Corporation
OA Round
1 (Non-Final)
76%
Grant Probability
Favorable
1-2
OA Rounds
2y 8m
To Grant
86%
With Interview

Examiner Intelligence

Grants 76% — above average
76%
Career Allow Rate
355 granted / 464 resolved
+8.5% vs TC avg
Moderate +10% lift
Without
With
+9.8%
Interview Lift
resolved cases with interview
Typical timeline
2y 8m
Avg Prosecution
21 currently pending
Career history
485
Total Applications
across all art units

Statute-Specific Performance

§103
59.1%
+19.1% vs TC avg
§102
19.2%
-20.8% vs TC avg
§112
18.3%
-21.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 464 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 . Priority Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55. Information Disclosure Statement The information disclosure statements (IDS) submitted on 9/19/2023, 8/13/2024 are being considered by the examiner. Claim Objections Claim 4 is objected to because of the following informalities: The limitation “reason” in line 3 is required to be amended to “resin” to reflect the claim scope. Appropriate correction is required. 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. Note applicable to all claims being rejected in this Office action: Examiner notes that the limitations "overlap", "layer", "portion" are being interpreted broadly in accordance with MPEP. Per MPEP 2111 and 2111.01, the claims are given their broadest reasonable interpretation and the words of the claims are given their plain meaning consistent with the specification without importing claim limitations from the specification. The claim presently disclose a structural limitation (i.e. overlap, layer, portion, contact) that is taught by prior art of record, therefore, the limitation is considered met by the prior art of record. Additionally, Merriam Webster dictionary defines the above limitations as “to occupy the same area in part”, “one thickness lying over or under another”, “an often limited part of a whole” respectively. Further note the limitation “contact” is being interpreted to include "direct contact" (no intermediate materials, elements or space disposed there between) and "indirect contact" (intermediate materials, elements or space disposed there between). Claim(s) 1, 6, 7, 9-12 are rejected under 35 U.S.C. 103 as being unpatentable over Takano in view of Yoo et al (US 2011/0100967A1 hereinafter Yoo). Regarding Claim 1, Takano discloses in Fig 1-2C: A manufacturing method, comprising: etching a resin so that a filler is exposed from a surface of the resin containing the filler; and [0025]. Takano does not disclose: measuring an exposed amount of the filler by measuring optical properties of the surface of the resin. However, Yoo in a similar method of material removal teaches that the exposed amount of a underlying material could be measured during the top material removal process where the top material is formed above the underlying material. Also see Fig 1 and [0018-0019]. Note that material removal by laser ablation is being equated to “etching” as claimed since laser ablation is a type of material removal process i.e. etching. References Takano and Yoo are analogous art because they both are directed to manufacturing methods of semiconductor devices and one of ordinary skill in the art would have had a reasonable expectation of success to modify method of Takano with the specified features of Yoo because they are from the same field of endeavor. It would have been obvious to one of ordinary skill in the art at the time of effective filing of the invention to combine teachings of Takano and Yoo so that measuring an exposed amount of the filler by measuring optical properties of the surface of the resin as taught by Yoo in Takano’s method since, this provides a method of optical diagnostics that can be applied in-situ during laser ablation and laser processing in real time that can be fully automated and enables high efficiency and throughput in manufacturing at the best attainable precision and minimization of damage to the products [0008: Yoo]. Regarding Claim 6, Takano and Yoo disclose: The manufacturing method according to claim 1, Takano does not disclose: further comprising: repeatedly performing the etching of the resin and the measuring of the optical properties of the surface of the resin repeatedly until the measured optical properties reach a first predetermined value. However, Yoo in a similar method of material removal teaches that the optical data is measured in-situ while material removal is being processed to achieve the desired composition/level of removal of material. Also see Fig 1 and [0010]. References Takano and Yoo are analogous art because they both are directed to manufacturing methods of semiconductor devices and one of ordinary skill in the art would have had a reasonable expectation of success to modify method of Takano with the specified features of Yoo because they are from the same field of endeavor. It would have been obvious to one of ordinary skill in the art at the time of effective filing of the invention to combine teachings of Takano and Yoo so that further comprising: repeatedly performing the etching of the resin and the measuring of the optical properties of the surface of the resin repeatedly until the measured optical properties reach a first predetermined value as taught by Yoo in Takano’s method since, this provides a method of optical diagnostics that can be applied in-situ during laser ablation and laser processing in real time that can be fully automated and enables high efficiency and throughput in manufacturing at the best attainable precision and minimization of damage to the products [0008: Yoo]. Regarding Claim 7, Takano and Yoo disclose: The manufacturing method according to claim 1, Takano does not disclose: The manufacturing method according to claim 1, further comprising: changing etching conditions for a subsequent etching of the resin according to the measured optical properties. Regarding Claim 9, Takano and Yoo disclose: The manufacturing method according to claim 1, Takano further discloses: wherein the etching of the resin is a plasma process [0021]. Regarding Claim 10, Takano and Yoo disclose: The manufacturing method according to claim 1, Takano further discloses: wherein the filler comprises at least one of silica, silicon dioxide, glass beads, alumina, aluminum nitride, boron nitride, beryllium oxide, carbon black, graphite, carbon fiber, metal powder, metal fiber, metal foil, mica, potassium titanate, xonotlite, ferrite, carbon nanotubes, titanium oxide, zinc oxide, iron oxide, calcium oxide, magnesium oxide, calcium carbonate, antimony oxide, aluminum hydroxide, magnesium hydroxide, Zinc borate, zinc carbonate, hydrotalcite, and dawsonite [0018]. Regarding Claim 11, Takano and Yoo disclose: The manufacturing method according to claim 1, Takano further discloses: further comprising: mounting a semiconductor chip (3) on a substrate (2) before the etching; and covering the semiconductor chip with the resin (5) before the etching See Fig 1 and [0016-0018]. Regarding Claim 12, Takano and Yoo disclose: The manufacturing method according to claim 1. Takano does not disclose: wherein measuring the optical properties includes measuring a reflectance of the surface of the resin. However, Yoo in a similar method of material removal teaches that wherein measuring the optical properties includes measuring a reflectance of the surface of the resin. Also see Fig 1 and [0015]. References Takano and Yoo are analogous art because they both are directed to manufacturing methods of semiconductor devices and one of ordinary skill in the art would have had a reasonable expectation of success to modify method of Takano with the specified features of Yoo because they are from the same field of endeavor. It would have been obvious to one of ordinary skill in the art at the time of effective filing of the invention to combine teachings of Takano and Yoo so that wherein measuring the optical properties includes measuring a reflectance of the surface of the resin as taught by Yoo in Takano’s method since, this provides a method of optical diagnostics that can be applied in-situ during laser ablation and laser processing in real time that can be fully automated and enables high efficiency and throughput in manufacturing at the best attainable precision and minimization of damage to the products [0008: Yoo]. Claim(s) 1-5, 8, 13-20 are rejected under 35 U.S.C. 103 as being unpatentable over Takano in view of Thomas et al (US 2007/0000885 A1 hereinafter Thomas). Regarding Claim 1, Takano discloses in Fig 1-2C: A manufacturing method, comprising: etching a resin so that a filler is exposed from a surface of the resin containing the filler; and [0025]. Takano does not disclose: measuring an exposed amount of the filler by measuring optical properties of the surface of the resin. However, Thomas in a similar method teaches in Fig 1: measuring an exposed amount of the filler by measuring optical properties of the surface of the resin [0032-0038]. References Takano and Thomas are analogous art because they both are directed to manufacturing methods of semiconductor devices and one of ordinary skill in the art would have had a reasonable expectation of success to modify method of Takano with the specified features of Thomas because they are from the same field of endeavor. It would have been obvious to one of ordinary skill in the art at the time of effective filing of the invention to combine teachings of Takano and Thomas so that measuring an exposed amount of the filler by measuring optical properties of the surface of the resin as taught by Thomas in Takano’s method since, this produces a less intense, more uniform, energy intensity distribution over a larger area during film removal [Thomas:0005]. Regarding Claim 2, Takano and Thomas disclose: The manufacturing method according to claim 1 comprising: Takano does not disclose: wherein measuring the optical properties of the surface of the resin includes: measuring a color of the surface of the resin, and calculating a color difference between a reference color and the measured color of the surface of the resin. However, Thomas in a similar method teaches in Fig 1: wherein measuring the optical properties of the surface of the resin includes: measuring a color of the surface of the resin, and calculating a color difference between a reference color and the measured color of the surface of the resin [0034-0038]. References Takano and Thomas are analogous art because they both are directed to manufacturing methods of semiconductor devices and one of ordinary skill in the art would have had a reasonable expectation of success to modify method of Takano with the specified features of Thomas because they are from the same field of endeavor. It would have been obvious to one of ordinary skill in the art at the time of effective filing of the invention to combine teachings of Takano and Thomas so that wherein measuring the optical properties of the surface of the resin includes: measuring a color of the surface of the resin, and calculating a color difference between a reference color and the measured color of the surface of the resin as taught by Thomas in Takano’s method since, this produces a less intense, more uniform, energy intensity distribution over a larger area during fil removal [Thomas:0005]. Regarding Claim 3, Takano and Thomas disclose: The manufacturing method according to claim 2. Takano does not disclose: wherein etching the resin includes etching the resin includes a cleaning etch to remove clean the surface of the resin followed by a second etch to remove portions of the resin. However, Thomas in a similar method teaches in Fig 1: wherein etching the top layer includes etching the top layer includes a cleaning etch to remove clean the surface of the top layer followed by a second etch to remove portions of the top layer [0032, 0041]. References Takano and Thomas are analogous art because they both are directed to manufacturing methods of semiconductor devices and one of ordinary skill in the art would have had a reasonable expectation of success to modify method of Takano with the specified features of Thomas because they are from the same field of endeavor. It would have been obvious to one of ordinary skill in the art at the time of effective filing of the invention to combine teachings of Takano and Thomas so that etching the resin includes etching the resin includes a cleaning etch to remove clean the surface of the resin followed by a second etch to remove portions of the resin as taught by Thomas in Takano’s method since, this produces a less intense, more uniform, energy intensity distribution over a larger area during fil removal [Thomas:0005]. Regarding Claim 4, Takano and Thomas disclose: The manufacturing method according to claim 3. Takano does not disclose: wherein the reference color is a measured color of the surface of the reason after the cleaning etch. However, Thomas in a similar method teaches in Fig 1: wherein the reference color is a measured color of the surface of the top layer after the cleaning etch [0030]. References Takano and Thomas are analogous art because they both are directed to manufacturing methods of semiconductor devices and one of ordinary skill in the art would have had a reasonable expectation of success to modify method of Takano with the specified features of Thomas because they are from the same field of endeavor. It would have been obvious to one of ordinary skill in the art at the time of effective filing of the invention to combine teachings of Takano and Thomas so that wherein the reference color is a measured color of the surface of the reason after the cleaning etch as taught by Thomas in Takano’s method since, this produces a less intense, more uniform, energy intensity distribution over a larger area during fil removal [ Thomas:0005]. Regarding Claim 5, Takano and Thomas disclose: The manufacturing method according to claim 2. Takano does not disclose: wherein the reference color is a preset color set based on prior measurements of a reference sample. However, Thomas in a similar method teaches in Fig 1: wherein the reference color is a preset color set based on prior measurements of a reference sample [0029-0030]. References Takano and Thomas are analogous art because they both are directed to manufacturing methods of semiconductor devices and one of ordinary skill in the art would have had a reasonable expectation of success to modify method of Takano with the specified features of Thomas because they are from the same field of endeavor. It would have been obvious to one of ordinary skill in the art at the time of effective filing of the invention to combine teachings of Takano and Thomas so that the reference color is a preset color set based on prior measurements of a reference sample as taught by Thomas in Takano’s method since, this produces a less intense, more uniform, energy intensity distribution over a larger area during fil removal [ Thomas:0005]. Regarding Claim 8, Takano and Thomas disclose: The manufacturing method according to claim 1. Takano further discloses forming a conductive film on the surface of the resin after the resin is etched to expose the filler material (Fig 1-2C). Takano does not disclose: further comprising: measuring of the optical properties after etching the resin. However, Thomas in a similar method teaches in Fig 1: further comprising: measuring of the optical properties after removing the top layer [0034-0037]. References Takano and Thomas are analogous art because they both are directed to manufacturing methods of semiconductor devices and one of ordinary skill in the art would have had a reasonable expectation of success to modify method of Takano with the specified features of Thomas because they are from the same field of endeavor. It would have been obvious to one of ordinary skill in the art at the time of effective filing of the invention to combine teachings of Takano and Thomas so that measuring of the optical properties after etching the resin as taught by Thomas in Takano’s method since, this produces a less intense, more uniform, energy intensity distribution over a larger area during fil removal [ Thomas:0005]. Regarding Claim 13, Takano and Thomas disclose: The manufacturing method according to claim 1. Takano does not disclose: wherein measuring the optical properties of the surface of the resin includes: capturing an optical image of the surface of the resin, and performing image processing on the captured optical image. However, Thomas in a similar method teaches in Fig 1: wherein measuring the optical properties of the surface of the resin includes: capturing an optical image of the surface of the resin, and performing image processing on the captured optical image [0034-0037]. References Takano and Thomas are analogous art because they both are directed to manufacturing methods of semiconductor devices and one of ordinary skill in the art would have had a reasonable expectation of success to modify method of Takano with the specified features of Thomas because they are from the same field of endeavor. It would have been obvious to one of ordinary skill in the art at the time of effective filing of the invention to combine teachings of Takano and Thomas so that measuring the optical properties of the surface of the resin includes: capturing an optical image of the surface of the resin, and performing image processing on the captured optical image as taught by Thomas in Takano’s method since, this produces a less intense, more uniform, energy intensity distribution over a larger area during fil removal [ Thomas:0005]. Regarding Claim 14, Takano discloses: A semiconductor manufacturing apparatus, comprising: an etching unit configured to etch a resin so that a filler will be exposed from a surface of the resin; and [0021, 0022 and Fig 2A]. Examiner notes that even though Takano specifically does not disclose an apparatus or its physical description, one of ordinary skilled in the art would find it obvious that the blocks represented in Fig 1 are accomplished via manufacturing apparatuses. Takano does not disclose: an optical property measuring unit configured to determine an exposed amount of the filler by measuring optical properties of the surface of the resin. However, Thomas in a similar method teaches in Fig 1: an optical property measuring unit configured to determine an exposed amount of the underlying layer by measuring optical properties (color) of the surface of the top layer [0032-0038]. References Takano and Thomas are analogous art because they both are directed to manufacturing methods of semiconductor devices and one of ordinary skill in the art would have had a reasonable expectation of success to modify method of Takano with the specified features of Thomas because they are from the same field of endeavor. It would have been obvious to one of ordinary skill in the art at the time of effective filing of the invention to combine teachings of Takano and Thomas so that an optical property measuring unit configured to determine an exposed amount of the filler by measuring optical properties of the surface of the resin as taught by Thomas in Takano’s method since, this produces a less intense, more uniform, energy intensity distribution over a larger area during fil removal [Thomas:0005]. Regarding Claim 15, Takano and Thomas disclose: The semiconductor manufacturing apparatus according to claim 14. Takano does not disclose: wherein the optical property measuring unit is a color difference meter that measures a color difference of the surface of the resin in comparison to a reference color. However, Thomas in a similar method teaches in Fig 1: wherein the optical property measuring unit is a color difference meter that measures a color difference of the surface of the top layer in comparison to a reference color [0034-0038, 0059-0060]. References Takano and Thomas are analogous art because they both are directed to manufacturing methods of semiconductor devices and one of ordinary skill in the art would have had a reasonable expectation of success to modify method of Takano with the specified features of Thomas because they are from the same field of endeavor. It would have been obvious to one of ordinary skill in the art at the time of effective filing of the invention to combine teachings of Takano and Thomas so that wherein the optical property measuring unit is a color difference meter that measures a color difference of the surface of the resin in comparison to a reference color as taught by Thomas in Takano’s method since, this produces a less intense, more uniform, energy intensity distribution over a larger area during fil removal [Thomas:0005]. Regarding Claim 16, Takano and Thomas disclose: The semiconductor manufacturing apparatus according to claim 14. Takano does not disclose: further comprising: a control unit configured to control the etching unit and the optical property measuring unit such that the etching of the resin and the measuring the optical properties of the surface of the resin are performed repeatedly until the optical properties reach a first predetermined value. However, Thomas in a similar method teaches in Fig 1: further comprising: a control unit configured to control the etching unit and the optical property measuring unit such that the etching of the top layer and the measuring the optical properties of the surface of the top layer are performed repeatedly until the optical properties reach a first predetermined value [0036, 0059-0060]. References Takano and Thomas are analogous art because they both are directed to manufacturing methods of semiconductor devices and one of ordinary skill in the art would have had a reasonable expectation of success to modify method of Takano with the specified features of Thomas because they are from the same field of endeavor. It would have been obvious to one of ordinary skill in the art at the time of effective filing of the invention to combine teachings of Takano and Thomas so that a control unit configured to control the etching unit and the optical property measuring unit such that the etching of the resin and the measuring the optical properties of the surface of the resin are performed repeatedly until the optical properties reach a first predetermined value as taught by Thomas in Takano’s method since, this produces a less intense, more uniform, energy intensity distribution over a larger area during fil removal [Thomas:0005]. Regarding Claim 17, Takano and Thomas disclose: The semiconductor manufacturing apparatus according to claim 14. Takano does not disclose: further comprising: a control unit configured to change etching conditions used in the etching unit for etching the resin according to the measured optical properties. However, Thomas in a similar method teaches in Fig 1: further comprising: a control unit configured to change etching conditions used in the etching unit for etching the resin according to the measured optical properties [0037, 0038, 0040]. References Takano and Thomas are analogous art because they both are directed to manufacturing methods of semiconductor devices and one of ordinary skill in the art would have had a reasonable expectation of success to modify method of Takano with the specified features of Thomas because they are from the same field of endeavor. It would have been obvious to one of ordinary skill in the art at the time of effective filing of the invention to combine teachings of Takano and Thomas so that a control unit configured to change etching conditions used in the etching unit for etching the resin according to the measured optical properties as taught by Thomas in Takano’s method since, this produces a less intense, more uniform, energy intensity distribution over a larger area during fil removal [Thomas:0005]. Regarding Claim 18, Takano and Thomas disclose: The semiconductor manufacturing apparatus according to claim 14, Takano further disclose: further comprising: a film forming unit configured to form a conductive film on the surface of the resin [0022, 0033]. Regarding Claim 19, Takano and Thomas disclose: The semiconductor manufacturing apparatus according to claim 14, Takano further discloses: wherein the etching unit is a plasma etching apparatus [0021]. Regarding Claim 20, Takano and Thomas disclose: The semiconductor manufacturing apparatus according to claim 14. Takano does not disclose: wherein the optical property measuring unit measures a reflectance of the surface of the resin. However, Thomas in a similar method teaches in Fig 1: wherein the optical property measuring unit measures a reflectance of the surface of the resin [0034]. References Takano and Thomas are analogous art because they both are directed to manufacturing methods of semiconductor devices and one of ordinary skill in the art would have had a reasonable expectation of success to modify method of Takano with the specified features of Thomas because they are from the same field of endeavor. It would have been obvious to one of ordinary skill in the art at the time of effective filing of the invention to combine teachings of Takano and Thomas so that wherein the optical property measuring unit measures a reflectance of the surface of the resin as taught by Thomas in Takano’s method since, this produces a less intense, more uniform, energy intensity distribution over a larger area during fil removal [Thomas:0005]. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to NISHATH YASMEEN whose telephone number is (571)270-7564. The examiner can normally be reached Mon-Fri 9AM-6PM. 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, Lynne Gurley can be reached at 571-272-1670. 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. /NISHATH YASMEEN/Primary Examiner, Art Unit 2811
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Prosecution Timeline

Sep 01, 2023
Application Filed
Nov 10, 2025
Non-Final Rejection — §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
76%
Grant Probability
86%
With Interview (+9.8%)
2y 8m
Median Time to Grant
Low
PTA Risk
Based on 464 resolved cases by this examiner. Grant probability derived from career allow rate.

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