Prosecution Insights
Last updated: July 17, 2026
Application No. 18/471,585

SEMICONDUCTOR DEVICE AND ELECTRONIC SYSTEM INCLUDING THE SAME

Non-Final OA §102§103§112
Filed
Sep 21, 2023
Priority
Apr 26, 2023 — RE 10-2023-0055040
Examiner
CHEN, YU
Art Unit
2896
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Samsung Electronics Co., Ltd.
OA Round
1 (Non-Final)
68%
Grant Probability
Favorable
1-2
OA Rounds
0m
Est. Remaining
98%
With Interview

Examiner Intelligence

Grants 68% — above average
68%
Career Allowance Rate
727 granted / 1071 resolved
At TC average
Strong +30% interview lift
Without
With
+29.6%
Interview Lift
resolved cases with interview
Typical timeline
2y 10m
Avg Prosecution
80 currently pending
Career history
1176
Total Applications
across all art units

Statute-Specific Performance

§101
0.8%
-39.2% vs TC avg
§103
76.9%
+36.9% vs TC avg
§102
12.4%
-27.6% vs TC avg
§112
5.4%
-34.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1071 resolved cases

Office Action

§102 §103 §112
DETAILED ACTION Election/Restrictions Applicant’s election without traverse of Species I (FIGs. 1-2) and Species A (FIG. 3), encompassing claims 1-14 and 17-20 in the reply filed on 2/5/2026 is acknowledged. Claims 15-16 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 2/5/2026. 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. Claims 8, 9, 11, and 17 are 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 pre-AIA the applicant regards as the invention. Claim 8 reciting “the channel structure includes a portion in which the channel layer, the resistance change layer, the metal-containing layer, the resistance change layer, and the channel layer are sequentially positioned in the first direction” renders the claim indefinite. The repetitive recitation to “the resistance change layer” and “the channel layer” render the claim indefinite because it is unclear whether the repeated instances of these recitations are intended to refer to different element. It is also unclear how the repeated recitations adds to the remainder of the claim. Claim 9 reciting “the channel structure includes a portion in which the channel layer, the resistance change layer, the metal-containing layer, the resistance change layer, and the channel layer are sequentially positioned in the first direction” renders the claim indefinite for same reasons as explained for claim 8 above. Claim 11 reciting “portions of the resistance change layers” renders the claim indefinite. There is no antecedent basis for plural resistance change layers. Claim 17 reciting “the channel layer includes at least one of a single semiconductor material, an oxide semiconductor material, or a two-dimensional semiconductor material” renders the claim indefinite. It is unclear how does a single semiconductor material is intended to differ from an oxide semiconductor material or a two-dimensional semiconductor material. Other claims are rejected for depending on a rejected claim. 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. (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claims 1-5, 7, 10-11, 14, and 17-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ju et al. US 2014/0145137 A1 (Ju). PNG media_image1.png 846 738 media_image1.png Greyscale PNG media_image2.png 726 614 media_image2.png Greyscale In re claim 1, Ju discloses (e.g. FIGs. 1-3 & 12) a semiconductor device, comprising: a gate stack structure 20 including a plurality of gate electrodes 160 and a plurality of insulating layers 110 alternately stacked on a substrate 100 in a first direction (vertical direction) perpendicular to an upper surface of the substrate 100; and a channel structure 140,150,151 (see FIG. 3B) including a portion penetrating through the gate stack structure 20 and extending in the first direction, the channel structure including a channel layer 140 (¶ 64), a resistance change layer 150 (¶ 64), and a metal-containing layer 151 (¶ 79) sequentially stacked, the metal-containing layer 151 including a metal or a metal compound (comprising transition metal element, ¶ 79). In re claim 2, Ju discloses (e.g. FIG. 3B) wherein the resistance change layer 150 comprises a metal oxide containing a first metal and oxygen (¶ 71), and a Gibbs free energy of oxidation reaction of a second metal included in the metal-containing layer 151 is equal to or less than a Gibbs free energy of oxidation reaction of the first metal (151 having an oxide layer containing same transition metal element as 150, and thus the same metal would have equal Gibbs free energy of oxidation reaction). In re claim 3, Ju discloses (e.g. FIG. 3B) wherein the metal-containing layer 151 (¶ 71,79) includes at least one of hafnium (Hf), titanium (Ti), zirconium (Zr), lanthanum (La), tantalum (Ta), aluminum (Al), nickel (Ni), tungsten (W), copper (Cu), gold (Au), ruthenium (Ru), platinum (Pt), titanium nitride (TiN), or tantalum nitride (TaN). In re claim 4, Ju discloses (e.g. FIG. 3B) wherein the metal-containing layer 151 includes at least one of titanium, tungsten, titanium nitride, or tantalum nitride (including same transition metal element as in layer 150, ¶ 71,79). In re claim 5, Ju discloses (e.g. FIG. 3B) wherein the metal-containing layer 151 does not include oxygen or has a lower oxygen content than the resistance change layer 150 (before the oxygen atoms are exhausted from 150 and move into 151, the oxygen content would be higher in layer 150 than in 151). In re claim 7, Ju discloses (e.g. FIG. 3B) wherein the metal-containing layer 151 includes oxygen at least in a portion of the metal-containing layer 151 adjacent to the resistance change layer 150 (¶ 79), and the metal-containing layer 151 is configured such that the oxygen content of the metal-containing layer 151 decreases with increasing distance from the resistance change layer 150 (as oxygen atoms move from layer 150 into layer 151, the oxygen content is higher closer to layer 150 at least at some point due to diffusion property). In re claim 10, Ju discloses (e.g. FIGs. 1-3) wherein a plurality of recess portions 80 corresponding to the plurality of gate electrodes 160,163, respectively, are in a side surface of the gate stack structure 20 adjacent to the channel structure 140,150,151, the channel layer 140 and the resistance change layer 150 are continuously positioned along the side surface of the gate stack structure 20 including the plurality of recess portions 80, and the metal-containing layer 151 includes a plurality of metal-containing layers (corresponding to plurality of segments of 151 adjacent to each gate electrode 160,163) individually formed to correspond to the plurality of recess portions, respectively. In re claim 11, Ju discloses (e.g. FIG. 3B) wherein the metal-containing layer 151 is on a side surface of the resistance change layer 150 (right side in FIG. 3B) in a second direction (horizontal direction), perpendicular to the first direction (vertical direction), to at least partially fill a space between portions of the resistance change layers 150 in the first direction (e.g. a portion of 151 level with the gate 163 is in a space between portions of layer 150 above and below gate163) , and a side surface of the metal-containing layer 151 (left side of 151 in FIG. 3B) opposite to the side surface of the gate stack structure 20 (right side in FIG. 3B) adjacent to the channel structure 150 and the side surface of the resistance change layer 151 (right side of 150 in FIG. 3B) are aligned with one another in the first direction (vertical direction). The left side of 151 and the right side of 150 are vertically aligned. In re claim 14, Ju discloses (e.g. FIGs. 1-3) wherein a plurality of recess portions 80 corresponding to the plurality of gate electrodes 160,163, respectively, are in a side surface of the gate stack structure 20 adjacent to the channel structure 140,150,151, and the channel layer 140 and the resistance change layer 150 are in each of the recess portions. In re claim 17, Ju discloses (e.g. FIGs. 1-3) wherein the channel layer 140 includes at least one of a single semiconductor material (¶ 70), an oxide semiconductor material, or a two-dimensional semiconductor material. In re claim 18, Ju discloses (e.g. FIG. 12E) further comprising a gate insulating layer 130 including portions (portions above and below 160) extending in a second direction (horizontal direction), perpendicular to the first direction (vertical direction), between upper and lower portions of each of the gate electrodes 160 and the insulating layers 110, and an extension portion (portion along vertical sidewall of 160) extending in the first direction (vertical direction) between a side surface of the gate electrode 160 and the channel layer 140. In re claim 19, Ju discloses (e.g. FIGs. 1-3 & 12) a semiconductor device including a resistive random access memory cell, the semiconductor device comprising: a gate stack structure 20 including a plurality of gate electrodes 160 and a plurality of insulating layers 110 alternately stacked on a substrate 100 in a first direction (vertical direction) perpendicular to an upper surface of the substrate 100; and a channel structure 140,150,151 (see FIG. 3B) including a portion penetrating through the gate stack structure 20 and extending in the first direction, the channel structure including a channel layer 140 (¶ 64), a resistance change layer 150 (¶ 64), and a metal-containing layer 151 (¶ 79) sequentially stacked, the metal-containing layer 151 including a metal or a metal compound (comprising transition metal element, ¶ 79). a channel structure 140,150,151 (see FIG. 3B) including a portion penetrating through the gate stack structure 20 and extending in the first direction, the channel structure including a channel layer 140 (¶ 64), a resistance change layer 150 (¶ 64), and an oxygen-vacancy donor layer 151 (¶ 79) sequentially stacked, the oxygen-vacancy donor layer 151 configured to receive oxygen from the resistance change layer 150 and to provide oxygen vacancies to the resistance change layer 150 to control the oxygen vacancies in the resistance change layer 150 (¶ 79). In re claim 20, Ju discloses an electronic system (FIGs. 14A-14B), comprising: a main board (no specific “main board” claimed that would distinguish over any support on which memory 1210,1311 is mounted); a semiconductor device 1210,1311 on the main board; and a controller 1220,1312 electrically connected to the semiconductor device 1210,1311 on the main board, wherein the semiconductor device 1210,1311 (¶ 162-163) includes (e.g. FIGs. 1-3 & 12): a gate stack structure 20 including a plurality of gate electrodes 160 and a plurality of insulating layers 110 alternately stacked on a substrate 100 in a first direction (vertical direction) perpendicular to an upper surface of the substrate 100; and a channel structure 140,150,151 (see FIG. 3B) including a portion penetrating through the gate stack structure 20 and extending in the first direction, the channel structure including a channel layer 140 (¶ 64), a resistance change layer 150 (¶ 64), and a metal-containing layer 151 (¶ 79) sequentially stacked, the metal-containing layer 151 including a metal or a metal nitride (comprising transition metal element, ¶ 79). 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 1-5, 8-11, 13-14, 17, and 19-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. US 2022/0077235 A1 (Kim) in view of Shin et al. US 2013/0328005 A1 (Shin). PNG media_image3.png 640 510 media_image3.png Greyscale PNG media_image4.png 386 298 media_image4.png Greyscale In re claim 1, Kim discloses (e.g. FIG. 7) a semiconductor device, comprising: a gate stack structure including a plurality of gate electrodes 560 and a plurality of insulating layers 570 alternately stacked on a substrate 520 in a first (Z) direction perpendicular to an upper surface of the substrate 520; and a channel structure 540,530 including a portion penetrating through the gate stack structure and extending in the first (Z) direction, the channel structure including a channel layer 540 and a resistance change layer 530 (¶ 119) sequentially stacked (¶ 131,153). Kim discloses the variable resistance material layer 530 (¶ 122,154) conformally deposited on an inner surface of the channel layer 540 (see FIG. 13A, ¶ 131,153). In one interpretation, a portion of the layer 530 closer to channel layer 540 teaches the claimed resistance change layer, and a portion of the layer 530 closer to insulating structure 510 and further away from the channel layer 540 teaches the claimed a metal-containing layer, the metal-containing layer (portion of 530 closer to 510) including a metal or a metal compound (¶ 122,154). In a second interpretation where a metal-containing layer is of a different material than the resistance change layer, Kim does not explicitly disclose such a metal-containing layer further sequentially stacked, the metal-containing layer including a metal or a metal compound different from the resistance change layer. However, Shin discloses (e.g. FIG. 1-4) a 3D memory device comprising a gate stack structure comprising gate electrodes WL and insulating layers 11-17 alternately stacked in a vertical direction on a substrate 1, and a channel structure penetrating through gate stack structure, wherein the channel structure include a channel layer 32, a resistance change layer 34a, and a metal-containing layer 34b sequentially stacked, the metal-containing layer 34b including a metal or a metal compound (including transition metal, ¶ 166). Shin discloses instead of a single resistance change layer 34 as shown in FIG. 4A, the additional oxygen exchange layer 34b (FIG. 4B) facilitates exchange of oxygen atom with the resistance change layer 34a to provide better control over the change of resistance in the resistance change layer 34a (¶ 166). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to form Kim’s variable resistance layer 530 as two layer structure including a variable resistive layer 34a and an oxygen exchange layer 34b such that oxygen atoms can be exchanged with the variable resistive layer more easily to control the resistive state of the variable resistive layer as taught by Shin. In re claim 2, Kim discloses (e.g. FIG. 7) wherein the resistance change layer (e.g. portion of 530 closer to 540) comprises a metal oxide containing a first metal and oxygen (¶ 122,154), and a Gibbs free energy of oxidation reaction of a second metal included in the metal-containing layer (portion of 530 closer to 510) is equal to or less than a Gibbs free energy of oxidation reaction of the first metal (since they are formed of the same material and include the same metal with equal Gibbs free energy of oxidation reaction). Alternatively, Shin discloses (FIG. 4B) wherein the resistance change layer 34a comprises a metal oxide containing a first metal and oxygen (¶ 165-166), and a Gibbs free energy of oxidation reaction of a second metal included in the metal-containing layer 34b is equal to or less than a Gibbs free energy of oxidation reaction of the first metal 34a (34b being same transition metal oxide as 34a but with lower oxygen content than layer, the Gibbs free energy of oxidation reaction of the transition metal is the same, ¶ 166). In re claim 3, Kim discloses (e.g. FIG. 7) wherein the metal-containing layer (portion of 530 closer to 510, ¶ 122,154) includes at least one of hafnium (Hf), titanium (Ti), zirconium (Zr), lanthanum (La), tantalum (Ta), aluminum (Al), nickel (Ni), tungsten (W), copper (Cu), gold (Au), ruthenium (Ru), platinum (Pt), titanium nitride (TiN), or tantalum nitride (TaN). Shin discloses (e.g. FIG. 4B) wherein the metal-containing layer 34b (¶ 165-166) includes at least one of hafnium (Hf), titanium (Ti), zirconium (Zr), lanthanum (La), tantalum (Ta), aluminum (Al), nickel (Ni), tungsten (W), copper (Cu), gold (Au), ruthenium (Ru), platinum (Pt), titanium nitride (TiN), or tantalum nitride (TaN). In re claim 4, Kim discloses (e.g. FIG. 7) wherein the metal-containing layer (portion of 530 closer to 510, ¶ 122,154) includes at least one of titanium, tungsten, titanium nitride, or tantalum nitride. Shin discloses (e.g. FIG. 4B) wherein the metal-containing layer 34b (¶ 165-166) includes at least one of titanium, tungsten, titanium nitride, or tantalum nitride. In re claim 5, Shin discloses (e.g. FIG. 4B) wherein the metal-containing layer 34b does not include oxygen or has a lower oxygen content than the resistance change layer (¶ 166). In re claim 8, as best understood, Kim discloses (e.g. FIG. 7) wherein the channel structure includes a portion (portion in the gate recess) in which the channel layer (portion of 540 in bottom part of the recess), the resistance change layer (portion of 530 closer to 540 in bottom part of the recess), the metal-containing layer (portion of 530 closer to 510), the resistance change layer (another portion of 530 closer to 540 in upper part of the recess), and the channel layer (portion of 540 in upper part of the recess) are sequentially positioned in the first (Z) direction. Furthermore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to replace Kim’s resistance change layer 530 with two-layer structure including a resistance change layer 34a and a metal-containing layer 34b as taught by Shin. As such, the combination teaches wherein the channel structure includes a portion (portion in gate recess) in which the channel layer (portion of 540 in bottom of recess), the resistance change layer (portion of 34a of the two layer structure in lower part of the recess), the metal-containing layer (portion of 34b of the two layer structure), the resistance change layer (portion of 34a of the two layer structure in upper part of the recess), and the channel layer (portion of 540 in upper part of the recess) are sequentially positioned in the first (Z) direction. In re claim 9, Kim discloses (e.g. FIG. 7) wherein a plurality of recess portions corresponding to the plurality of gate electrodes 560 (see FIG. 12A), respectively, are provided in a side surface of the gate stack structure adjacent to the channel structure, and the channel structure includes a portion (portion in the gate recess) in which the channel layer (portion of 540 in bottom part of the recess), the resistance change layer (portion of 530 closer to 540 in bottom part of the recess), the metal-containing layer (portion of 530 closer to 510), the resistance change layer (another portion of 530 closer to 540 in upper part of the recess), and the channel layer (portion of 540 in upper part of the recess) are sequentially positioned in the first (Z) direction at a portion of the channel structure where each of the recess portions is positioned. Furthermore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to replace Kim’s resistance change layer 530 with two-layer structure including a resistance change layer 34a and a metal-containing layer 34b as taught by Shin. As such, the combination teaches wherein the channel structure includes a portion (portion in gate recess) in which the channel layer (portion of 540 in bottom of recess), the resistance change layer (portion of 34a of the two layer structure in lower part of the recess), the metal-containing layer (portion of 34b of the two layer structure), the resistance change layer (portion of 34a of the two layer structure in upper part of the recess), and the channel layer (portion of 540 in upper part of the recess) are sequentially positioned in the first (Z) direction at a portion of the channel structure where each of the recess portions is positioned. In re claim 10, Kim discloses (e.g. FIG. 7) wherein a plurality of recess portions corresponding to the plurality of gate electrodes 560 (see FIG. 12A), respectively, are in a side surface of the gate stack structure adjacent to the channel structure, the channel layer 540 and the resistance change layer (portion of 530 closer to 540) are continuously positioned along the side surface of the gate stack structure including the plurality of recess portions, and the metal-containing layer (portion of 530 closer to 510) includes a plurality of metal-containing layers (corresponding to the portions within the recesses) individually formed to correspond to the plurality of recess portions, respectively. Furthermore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to replace Kim’s resistance change layer 530 with two-layer structure including a resistance change layer 34a and a metal-containing layer 34b taught by Shin. In re claim 11, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to replace Kim’s resistance change layer 530 with two-layer structure including a resistance change layer 34a and a metal-containing layer 34b taught by Shin. As such, Kim as modified in view of Shin teaches the metal-containing layer 34b (closer to insulating layer 510) is on a side surface of the resistance change layer 34a (closer to channel 540) in a second (X) direction, perpendicular to the first (Z) direction, to at least partially fill a space between portions of “the resistance change layers” (as best understood, 34b fills in the recess between horizontal portions of 34a) in the first (Z) direction, and a side surface of the metal-containing layer (side surface of 34b contacting 34a) opposite to the side surface of the gate stack structure adjacent to the channel structure 540 and the side surface of the resistance change layer (side surface of 34a contacting 34b) are aligned with one another in the first (Z) direction. In re claim 13, Kim discloses (e.g. FIG. 7) wherein a plurality of recess portions corresponding to the plurality of gate electrodes 560 (see FIG. 12A), respectively, are provided in a side surface of the gate stack structure adjacent to the channel structure, and the channel layer 540, the resistance change layer (portion of 530 closer to 540), and the metal-containing layer (portion of 530 closer to 510) are in each of the recess portions. Furthermore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to replace Kim’s resistance change layer 530 with two-layer structure including a resistance change layer 34a and a metal-containing layer 34b as taught by Shin. As such, the combination teaches wherein the channel layer 540, the resistance change layer 34a, and the metal-containing layer 34b are in each of the recess portions. In re claim 14, Kim discloses (e.g. FIG. 7) wherein a plurality of recess portions corresponding to the plurality of gate electrodes 560 (see FIG. 12A), respectively, are in a side surface of the gate stack structure adjacent to the channel structure, and the channel layer 540 and the resistance change layer 530 are in each of the recess portions. Furthermore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to replace Kim’s resistance change layer 530 with two-layer structure including a resistance change layer 34a and a metal-containing layer 34b as taught by Shin. As such, the combination teaches wherein the channel layer 540 and the resistance change layer 34a are in each of the recess portions. In re claim 17, Kim discloses (e.g. FIG. 7) wherein the channel layer 540 (¶ 123) includes at least one of a single semiconductor material, an oxide semiconductor material, or a two-dimensional semiconductor material. In re claim 19, Kim discloses (e.g. FIG. 7) a semiconductor device including a resistive random access memory cell, the semiconductor device comprising: a gate stack structure including a plurality of gate electrodes 560 and a plurality of insulating layers 570 alternately stacked on a substrate 520 in a first (Z) direction perpendicular to an upper surface of the substrate 520; and a channel structure 540,530 including a portion penetrating through the gate stack structure and extending in the first (Z) direction, the channel structure including a channel layer 540 and a resistance change layer 530 (¶ 119) sequentially stacked (¶ 131,153). Kim discloses the variable resistance material layer 530 (¶ 122,154) conformally deposited on an inner surface of the channel layer 540 (see FIG. 13A, ¶ 131,153). Kim does not explicitly disclose an oxygen-vacancy donor layer further sequentially stacked, the oxygen-vacancy donor layer configured to receive oxygen from the resistance change layer and to provide oxygen vacancies to the resistance change layer to control the oxygen vacancies in the resistance change layer. However, Shin discloses (e.g. FIG. 1-4) a 3D memory device comprising a gate stack structure comprising gate electrodes WL and insulating layers 11-17 alternately stacked in a vertical direction on a substrate 1, and a channel structure penetrating through gate stack structure, wherein the channel structure include a channel layer 32, a resistance change layer 34a, and an oxygen-vacancy donor layer 34b sequentially stacked, the oxygen-vacancy donor layer 34b configured to receive oxygen from the resistance change layer 34a and to provide oxygen vacancies to the resistance change layer 34a to control the oxygen vacancies in the resistance change layer 34a (¶ 166) Shin discloses instead of a single resistance change layer 34 as shown in FIG. 4A, the additional oxygen exchange layer 34b (FIG. 4B) facilitates exchange of oxygen atom with the resistance change layer 34a to provide better control over the change of resistance in the resistance change layer 34a (¶ 166). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to form Kim’s variable resistance layer 530 as two layer structure including a variable resistive layer 34a and an oxygen exchange layer 34b such that oxygen atoms can be exchanged with the variable resistive layer more easily to control the resistive state of the variable resistive layer as taught by Shin. In re claim 20, Kim discloses an electronic system (e.g. FIGs. 20-21), comprising: a main board (no specific “main board” claimed that would distinguish over any support on which memory 1602,1720 is mounted); a semiconductor device 1602,1720 on the main board; and a controller 1601,1710 electrically connected to the semiconductor device 1602,1720 on the main board, wherein the semiconductor device 1602,1720 (¶ 165, 169) includes (FIG. 7): a gate stack structure including a plurality of gate electrodes 560 and a plurality of insulating layers 570 alternately stacked on a substrate 520 in a first (Z) direction perpendicular to an upper surface of the substrate 520; and a channel structure 540,530 including a portion penetrating through the gate stack structure and extending in the first (Z) direction, the channel structure including a channel layer 540 and a resistance change layer 530 (¶ 119) sequentially stacked (¶ 131,153). Kim discloses the variable resistance material layer 530 (¶ 122,154) conformally deposited on an inner surface of the channel layer 540 (see FIG. 13A, ¶ 131,153). In one interpretation, a portion of the layer 530 closer to channel layer 540 teaches the claimed resistance change layer, and a portion of the layer 530 closer to insulating structure 510 and further away from the channel layer 540 teaches the claimed a metal-containing layer, the metal-containing layer (portion of 530 closer to 510) including a metal or a metal nitride (¶ 122,154). In a second interpretation where a metal-containing layer is of a different material than the resistance change layer, Kim does not explicitly disclose such a metal-containing layer further sequentially stacked, the metal-containing layer including a metal or a metal nitride different from the resistance change layer. However, Shin discloses (e.g. FIG. 1-4) a 3D memory device comprising a gate stack structure comprising gate electrodes WL and insulating layers 11-17 alternately stacked in a vertical direction on a substrate 1, and a channel structure penetrating through gate stack structure, wherein the channel structure include a channel layer 32, a resistance change layer 34a, and a metal-containing layer 34b sequentially stacked, the metal-containing layer 34b including a metal or a metal nitride (including transition metal, ¶ 166). Shin discloses instead of a single resistance change layer 34 as shown in FIG. 4A, the additional oxygen exchange layer 34b (FIG. 4B) facilitates exchange of oxygen atom with the resistance change layer 34a to provide better control over the change of resistance in the resistance change layer 34a (¶ 166). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to form Kim’s variable resistance layer 530 as two layer structure including a variable resistive layer 34a and an oxygen exchange layer 34b such that oxygen atoms can be exchanged with the variable resistive layer more easily to control the resistive state of the variable resistive layer as taught by Shin. Claims 6 and 7 are rejected under 35 U.S.C. 103 as being unpatentable over Kim and Shin as applied to claims 1 and 5 above, and further in view of Lee et al. US 2010/0038791 A1 (Lee’791). In re claim 6, Kim discloses the claimed invention including a variable resistance material layer 530 (¶ 122,154) conformally deposited on an inner surface of the channel layer 540 (see FIG. 13A, ¶ 131,153). Kim does not explicitly disclose a metal-containing layer further sequentially stacked, wherein a ratio of the oxygen content of the metal-containing layer to the oxygen content of the resistance change layer is 10% or less. However, Lee’791 discloses a resistive memory structure (e.g. FIGs. 4-5) comprising a variable resistance metal oxide layer 106 (¶ 25) and a metal-containing oxygen atom gettering layer 108 formed on the metal oxide layer 106, wherein the metal-containing oxygen atom gettering layer 108 does not include oxygen (layer 108 is e.g. Mg, Al, An, Ti, Hf, …, ¶ 26), and wherein a ratio of the oxygen content of the metal-containing oxygen atom gettering layer 108 to the oxygen content of the resistance change layer 106 is 10% or less. The metal-containing oxygen atom gettering layer 108 is formed of metals and has 0% oxygen (¶ 26). Furthermore, even after oxygen atoms from layer 106 move into layer 108, Lee’791 teaches in FIG. 5, a portion 107 of the metal-containing oxygen atom gettering layer 108 is free of oxygen, ¶ 31). Lee’791 teaches providing the metal-containing oxygen atom gettering layer 108 enhances the amount of oxygen vacancies in the resistance change layer 106 to improve the stability of binary resistance switching of the resistive memory (¶ 28-29). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include a metal-containing oxygen atom gettering layer on Kim’s variable resistance layer 530 to enhance oxygen vacancies in the for improving the stability of resistive switching as taught by Lee’791. In re claim 7, Lee’791 discloses (e.g. FIGs. 5-6) wherein the metal-containing layer 108 includes oxygen 116 at least in a portion 109 of the metal-containing layer 108 adjacent to the resistance change layer 106, and the metal-containing layer 108 is configured such that the oxygen content of the metal-containing layer 108 decreases with increasing distance from the resistance change layer 106 (¶ 31,32). Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Kim and Shin as applied to claim 1 above, and further in view of Lee et al. US 2021/0074914 A1 (Lee’914). In re claim 12, Kim discloses (e.g. FIG. 7) wherein the metal-containing layer (e.g. thicker portion of 530 closer to 510) has a cross-sectional thickness equal to or greater than a cross-sectional thickness of the resistance change layer (thinner portion of 530 closer to 540). Alternatively, Lee’914 teaches a resistive memory device (FIG. 2-5) comprising a channel structure including a channel layer 38, a resistance change layer 48, and a metal-containing layer 50 (¶ 60), wherein metal-containing layer 50 has a higher concentration of oxygen vacancies than layer 48, and wherein the metal-containing layer 50 has a cross-sectional thickness equal to or greater than a cross-sectional thickness of the resistance change layer 48 to improve oxygen vacancies distribution property (FIG. 5B, ¶ 95). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to form a thicker metal-containing layer on a thinner resistance change layer to form Kim’s storage layer 530 as taught by Lee’914 for improving distribution of oxygen vacancies. Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Kim and Shin as applied to claim 1 above, and further in view of Hwang et al. US 2021/0384258 A1 (Hwang). In re claim 18, Kim discloses (e.g. FIG. 7) further comprising a gate insulating layer 550 having an extension portion extending in the first (Z) direction between a side surface of the gate electrode 160 and the channel layer 540. Kim does not explicitly disclose the gate insulating layer including portions extending in a second direction, perpendicular to the first direction, between upper and lower portions of each of the gate electrodes and the insulating layers. However, Hwang discloses (e.g. FIGs. 1-3) a resistive memory device comprising alternating gate electrodes 50 and insulating layers 30, a channel layer 23 and a resistance change layer 22 formed penetrating through the gate stack structure, and further comprising a gate insulating layer 40A (FIG. 3A) including portions extending in a second (X or Y) direction, perpendicular to the first (Z) direction, between upper and lower portions of each of the gate electrodes 50 and the insulating layers 30, and an extension portion extending in the first (Z) direction between a side surface of the gate electrode 50 and the channel layer 23. Hwang discloses the gate insulating layer 40A can be formed individually around each gate electrode 50 as shown in FIG. 3A or disposed inside the penetrating hole surrounding the semiconductor channel 23 as shown in FIG. 3B (¶ 63). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to Kim’s gate insulating layer 550 in the replacement gate space around each gate electrode instead of inside the penetrating hole as taught by Hwang. Such modification allows reduce the number of layers deposited inside the penetrating hole and thus ensure coating continuity of the channel layer 23 and the resistance change layer 22 deposited in the penetrating hole. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to YU CHEN whose telephone number is (571)270-7881. The examiner can normally be reached Monday-Friday: 9AM-5PM ET. 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, WILLIAM KRAIG can be reached on 5712728660. 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. /YU CHEN/Primary Examiner, Art Unit 2896 YU CHEN Examiner Art Unit 2896
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Prosecution Timeline

Sep 21, 2023
Application Filed
May 19, 2026
Non-Final Rejection mailed — §102, §103, §112
Jun 15, 2026
Examiner Interview Summary
Jun 15, 2026
Applicant Interview (Telephonic)

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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
68%
Grant Probability
98%
With Interview (+29.6%)
2y 10m (~0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1071 resolved cases by this examiner. Grant probability derived from career allowance rate.

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