Prosecution Insights
Last updated: April 19, 2026
Application No. 18/495,339

METHOD OF FORMING MEMORY STRUCTURE

Non-Final OA §112
Filed
Oct 26, 2023
Examiner
NGUYEN, CUONG B
Art Unit
2818
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Winbond Electronics Corp.
OA Round
1 (Non-Final)
88%
Grant Probability
Favorable
1-2
OA Rounds
2y 5m
To Grant
99%
With Interview

Examiner Intelligence

Grants 88% — above average
88%
Career Allow Rate
824 granted / 938 resolved
+19.8% vs TC avg
Strong +16% interview lift
Without
With
+16.0%
Interview Lift
resolved cases with interview
Typical timeline
2y 5m
Avg Prosecution
48 currently pending
Career history
986
Total Applications
across all art units

Statute-Specific Performance

§101
0.9%
-39.1% vs TC avg
§103
41.9%
+1.9% vs TC avg
§102
33.8%
-6.2% vs TC avg
§112
18.6%
-21.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 938 resolved cases

Office Action

§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 . In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. Claim Objections Claims 1-5, 7-11, 15-17, 19 and 21 are objected to because of the following informalities: Claim 1 recites “the isolation structures” in lines 2-3 refers back to “a plurality of isolation structures” in line 2 and should be amended to “the plurality of isolation structures” for avoiding confusion. Appropriate correction is required. Claim 1 recites “the first protrusions” in lines 5, 8, and 10-11 refers back to “a plurality of first protrusions” in line 2 and should be amended to “the plurality of first protrusions” for avoiding confusion. Appropriate correction is required. Claim 1 recites “the second protrusions” in lines 6 and 11 refers back to “a plurality of second protrusions” in line 5 and should be amended to “the plurality of second protrusions” for avoiding confusion. Appropriate correction is required. Claim 1 recites “the predetermined regions” in lines 11-12 refers back to “a plurality of predetermined regions” in lines 5-6 and should be amended to “the plurality of predetermined regions” for avoiding confusion. Appropriate correction is required. Claim 1 recites “the predetermined regions of floating gates” in lines 15-17 refers back to “a plurality of predetermined regions of floating gates” in lines 5-6 and should be amended to “the plurality of predetermined regions of floating gates” for avoiding confusion. Appropriate correction is required. Claim 2 recites “the isolation structures” in lines 2-3 refers back to “a plurality of isolation structures” in line 2 of claim 1 and should be amended to “the plurality of isolation structures” for avoiding confusion. Appropriate correction is required. Claim 3 recites “the isolation structures” in lines 1-2 refers back to “a plurality of isolation structures” in line 2 of claim 1 and should be amended to “the plurality of isolation structures” for avoiding confusion. Appropriate correction is required. Claim 3 recites “the first protrusion” in line 2 refers back to each of “a plurality of first protrusions” in line 2 of claim 1 and should be amended to “each of the plurality of first protrusions” for avoiding confusion. Appropriate correction is required. Claim 4 recites “the second protrusions” in line 2 refers back to “a plurality of second protrusions” in line 5 of claim 1 and should be amended to “the plurality of second protrusions” for avoiding confusion. Appropriate correction is required. Claim 4 recites “the isolation structure” in line 3 refers back to “each of the isolation structures” in lines 1-2 of claim 3 and should be amended to “each of the plurality of isolation structures” for avoiding confusion. Appropriate correction is required. Claim 5 recites “the second protrusions” in line 2 refers back to “a plurality of second protrusions” in line 5 of claim 1 and should be amended to “the plurality of second protrusions” for avoiding confusion. Appropriate correction is required. Claim 5 recites “the isolation structure” in line 3 refers back to “each of the isolation structures” in lines 1-2 of claim 3 and should be amended to “each of the plurality of isolation structures” for avoiding confusion. Appropriate correction is required. Claim 7 recites “the first protrusion” in line 2 refers back to each of “a plurality of first protrusions” in line 2 of claim 1 and should be amended to “each of the plurality of first protrusions” for avoiding confusion. Appropriate correction is required. Claim 8 recites “the first protrusion” in lines 1-2 refers back to each of “a plurality of first protrusions” in line 2 of claim 1 and should be amended to “each of the plurality of first protrusions” for avoiding confusion. Appropriate correction is required. Claim 9 recites “the first protrusion” in line 3 refers back to each of “a plurality of first protrusions” in line 2 of claim 1 and should be amended to “each of the plurality of first protrusions” for avoiding confusion. Appropriate correction is required. Claim 10 recites “the method of claim 1” in line 1 refers back to “a method of forming a memory structure” in line 1 of claim 1 and should be amended to “the method of forming the memory structure of claim 1” for avoiding confusion. Appropriate correction is required. Claim 10 recites “the isolation structures” in line 2 refers back to “a plurality of isolation structures” in line 2 of claim 1 and should be amended to “the plurality of isolation structures” for avoiding confusion. Appropriate correction is required. Claim 11 recites “the first protrusions of the predetermined regions of floating gates” in lines 3-4 refers back to “a plurality of first protrusions” in line 2 of claim 1 and should be amended to “the plurality of first protrusions” for avoiding confusion. Appropriate correction is required. Claim 15 recites “the predetermined regions of floating gates” in line 3 refers back to “a plurality of predetermined regions of floating gates” in lines 5-6 of claim 1 and should be amended to “the plurality of predetermined regions of floating gates” for avoiding confusion. Appropriate correction is required. Claim 16 recites “the floating gates” in lines 1-2 refers back to “a plurality of floating gates” in line 16 of claim 1 and should be amended to “the plurality of floating gates” for avoiding confusion. Appropriate correction is required. Claim 17 recites “the tunneling dielectric layers” in line 3 refers back to “a plurality of tunneling dielectric layers” in line 2 of claim 15 and should be amended to “the plurality of tunneling dielectric layers” for avoiding confusion. Appropriate correction is required. Claim 17 recites “the predetermined regions of floating gates” in lines 3-4 refers back to “a plurality of predetermined regions of floating gates” in lines 5-6 of claim 1 and should be amended to “the plurality of predetermined regions of floating gates” for avoiding confusion. Appropriate correction is required. Claim 17 recites “the second protrusions” in line 4, 6 and 7 refers back to “a plurality of second protrusions” in line 5 of claim 1 and should be amended to “the plurality of second protrusions” for avoiding confusion. Appropriate correction is required. Claim 19 recites “the floating gates” in lines 1-2 refers back to “a plurality of floating gates” in line 16 of claim 1 and should be amended to “the plurality of floating gates” for avoiding confusion. Appropriate correction is required. Claim 21 recites “the floating gates” in line 2 refers back to “a plurality of floating gates” in line 16 of claim 1 and should be amended to “the plurality of floating gates” for avoiding confusion. Appropriate correction is required. Claim 20 is not presenting. Therefore, claim 21 must be renumbered to claim 20 or amendment can be made to recite claim 20. Appropriate correction is required. Claim 21 recites “the isolation structures” in line 3 refers back to “a plurality of isolation structures” in line 2 of claim 1 and should be amended to “the plurality of isolation structures” for avoiding confusion. Appropriate correction is required. 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. Claims 2-19 and 21 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. Claims 2-9, 11-19 and 21 recites a redundant “a memory structure” in line 1 because claim 1 already recites “a memory structure” in line 1. Claim 6 recites a redundant “a patterned mask layer” in line 2 because claim 1 already recites “a memory structure” in line 13. Claim 10 recites the limitation “the location” in line 2. There is insufficient antecedent basis for this limitation in the claim. Claim 15 recites the limitation “the top surface” in line 3. There is insufficient antecedent basis for this limitation in the claim. Claim 17 recites the limitation “the top surfaces” in lines 5-6. There is insufficient antecedent basis for this limitation in the claim. Claim 17 recites the limitation “the remaining floating gate material” in lines 6-7. There is insufficient antecedent basis for this limitation in the claim. Allowable Subject Matter Claim 1 will be allowed over prior art of record if amended to overcome the claim objections under formalities as set forth in the office action. Claims 2-19 and 21 will be allowed over prior art of record if amended to overcome the claim objections under formalities and the rejection of 112 as set forth in the office action. The following is an examiner' s statement of reason for allowance: the prior art made of record does not teach or fairly suggest the following: Regarding claim 1, Huang et al. (Patent No.: US 10,734,398 B1) discloses a method of forming a memory structure in Figs. 4-16B, comprising: providing a substrate (substrate 102) with a plurality of isolation structures (layer 802), wherein the isolation structures comprise a plurality of first protrusions (portions of layer 802) protruding above the substrate (see Figs. 4-12); and forming a plurality of floating gates (layer 1402) in the predetermined regions of the floating gates (see Figs. 13-16B and column 7, line 17 through column 13, line 14). Regarding claim 1, Huang et al. fails to disclose replacing the first protrusions with a plurality of second protrusions to define a plurality of predetermined regions of floating gates between the second protrusions comprising: forming an insulation filling material between the first protrusions and on the substrate; and performing a patterning process on the insulation filling material and the first protrusions to form the second protrusions to define the predetermined regions of the floating gates, wherein the patterning process comprises forming a patterned mask layer on the insulation filling material, and performing a first etching process on the insulation filling material and/or the first protrusions with the patterned mask layer. Teng et al. (Patent No. : US 10,325,919 B1) discloses a method of forming a memory structure in Figs. 7-22, comprising: providing a substrate (substrate 104) with a plurality of isolation structures (isolation structure 106I), wherein the isolation structures comprise a plurality of first protrusions (isolation structure 106I), protruding above the substrate (see Fig. Fig. 12); replacing the first protrusions with a plurality of second protrusions to define a plurality of predetermined regions of floating gates between the second protrusions, comprising: forming an insulation filling material (layers 171 and 1402) between the first protrusions and on the substrate (see Fig. 13-14); and performing a patterning process on the insulation filling material and the first protrusions to form the second protrusions to define a predetermined region of the floating gate (sub-region 104I2) and performing a first etching process on the insulation filling material and/or the first protrusions (see Fig. 14); and forming a floating gate (layers 172, 173, 174) in the predetermined region of the floating gates (see Figs. 19-21 and column 8, line 51 through column 14, line 5). Teng et al. fails to disclose replacing the first protrusions with a plurality of second protrusions to define a plurality of predetermined regions of floating gates between the second protrusions and forming a plurality of floating gates in the predetermined regions of the floating gates. Claims 2-19 and 21 depend on claim 1, and therefore also include said claimed limitation. Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to CUONG B NGUYEN whose telephone number is (571)270-1509 (Email: CuongB.Nguyen@uspto.gov). The examiner can normally be reached Monday-Friday, 8:30 AM-5:00 PM Eastern Standard Time. 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, Steven H. Loke can be reached on (571) 272-1657. 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. /CUONG B NGUYEN/Primary Examiner, Art Unit 2818
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Prosecution Timeline

Oct 26, 2023
Application Filed
Feb 07, 2026
Non-Final Rejection — §112 (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
88%
Grant Probability
99%
With Interview (+16.0%)
2y 5m
Median Time to Grant
Low
PTA Risk
Based on 938 resolved cases by this examiner. Grant probability derived from career allow rate.

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