Prosecution Insights
Last updated: October 22, 2026
Application No. 18/498,596

NEURAL NETWORK CIRCUIT AND METHOD FOR FORMING THE SAME

Non-Final OA §103§112
Filed
Oct 31, 2023
Examiner
KING, DOUGLAS
Art Unit
2824
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Taiwan Semiconductor Manufacturing Company, Ltd.
OA Round
1 (Non-Final)
80%
Grant Probability
Favorable
1-2
OA Rounds
0m
Est. Remaining
84%
With Interview

Examiner Intelligence

Grants 80% — above average
80%
Career Allowance Rate
601 granted / 749 resolved
+12.2% vs TC avg
Minimal +4% lift
Without
With
+4.3%
Interview Lift
resolved cases with interview
Typical timeline
2y 6m
Avg Prosecution
14 currently pending
Career history
769
Total Applications
across all art units

Statute-Specific Performance

§101
1.2%
-38.8% vs TC avg
§103
44.8%
+4.8% vs TC avg
§102
27.8%
-12.2% vs TC avg
§112
20.6%
-19.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 749 resolved cases

Office Action

§103 §112
DETAILED ACTION Notice of Pre-AIA or AIA Status The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Election/Restrictions Applicant’s election without traverse of Group II in the reply filed on 8/18/26 is acknowledged. Applicant points to claims 16-35 as being elected. However, new claims 21-35 would not be separated from the originally filed claims 1-15 as they recite substantially the same features only with a “method of forming”. Therefore, new claims 16-35 are grouped with canceled claims 1-15 and not elected. 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 18 and 19 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Claim 18 recites “and forming source/drain regions in the substrate and on opposite sides of the source/drain regions” which seems to be in error. Claim 19 inherits this deficiency. 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. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. Claim(s) 16, 20 and 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sengupta (US 2017/0330070) in view of Chung (US 2016/0071582) and Ooishi (US 2006/0077737). Regarding claim 16, Sengupta discloses a method for forming a neural network circuit (see Figures 4-6), comprising: forming a neuron unit (see Figure 5, SOT neuron), and forming a magnetic tunnel junction structure over and electrically connected to the heavily-doped P-type region; and forming a synapse unit (see Figure 5, memristor/PCM array), the synapse unit is electrically connected to the neuron unit (via 506). Sengupta fails to teach the neuron unit and synapse unit formed over a substrate wherein the forming the neuron unit comprises: forming a heavily-doped N-type region in the substrate; forming a heavily-doped P-type region in the substrate, wherein the heavily-doped N-type region and the heavily-doped P-type region collective form a diode; wherein forming the synapse unit comprising: forming a transistor over the substrate; and forming a resistive element electrically connected to the transistor. However, these were known techniques for forming such devices. For example Chung (see Figure 9a, paragraph 0031)teaching an MTJ (42, or phase change, or RRAM, etc) unit formed over a substrate wherein the forming the unit comprises: forming a heavily-doped N-type region (37) in the substrate; forming a heavily-doped P-type region (33) in the substrate, wherein the heavily-doped N-type region and the heavily-doped P-type region collective form a diode. Further, Ooishi teaches forming a RRAM unit wherein forming the unit comprising: forming a transistor over the substrate; and forming a resistive element electrically connected to the transistor (see Figure 2). Therefore, it would have been obvious to one having ordinary skill at the time of filing to combine the teachings of Chung and Ooishi to implement the device of Sengupta since these were known techniques of forming MTJ units (as for the neurons of Sengupta) and RRAM units (as for the synapse array of Sengupta) and such combination would yield the predictable result of a combined RRAM and MTJ configuration in addition to their respectively taught benefits. Regarding claim 20, Sengupta discloses the method of claim 16, wherein the magnetic tunnel junction structure comprises: a pinned layer; a free layer; and a tunneling barrier layer between the pinned layer and the free layer (see paragraph 0023). Regarding claim 21, Sengupta discloses the method of claim 20, wherein the free layer comprises CoFeB, CoFe, FeB, CoB (see paragraph 0025). Allowable Subject Matter Claim 17 (18 and 19 provisionally—see above 112 rejection) are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Regarding claim 17, the prior art fails to teach or reasonably disclose in combination all the features of the claim in combination with preceding claim limitations including wherein forming the neuron unit further comprises: forming a dummy gate structure over the substrate prior to forming the heavily-doped N- type region and the heavily-doped P-type region, wherein the forming the heavily-doped N-type region and the heavily-doped P-type region are formed on opposite sides of the dummy gate structure. 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 The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The remaining cited and attached references teach various embodiments of MTJ/resistive Neural network configurations. Any inquiry concerning this communication or earlier communications from the examiner should be directed to DOUGLAS KING whose telephone number is (571)272-2311. The examiner can normally be reached M-F: 9:00AM-5:30PM. 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, Richard Elms can be reached on 571-272-1869. 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. /DOUGLAS KING/Primary Examiner, Art Unit 2824
Read full office action

Prosecution Timeline

Oct 31, 2023
Application Filed
Oct 14, 2026
Non-Final Rejection mailed — §103, §112 (current)

Precedent Cases

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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
80%
Grant Probability
84%
With Interview (+4.3%)
2y 6m (~0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 749 resolved cases by this examiner. Grant probability derived from career allowance rate.

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