Prosecution Insights
Last updated: October 01, 2026
Application No. 18/538,860

SEMICONDUCTOR STRUCTURE, FABRICATION METHOD THEREOF, AND MEMORY SYSTEM

Final Rejection §112
Filed
Dec 13, 2023
Priority
May 15, 2023 — continuation of PCTCN2023094214 +1 more
Examiner
WARD, DAVID WILLIAM
Art Unit
2891
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Yangtze Memory Technologies Co., Ltd.
OA Round
2 (Final)
62%
Grant Probability
Moderate
3-4
OA Rounds
10m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 62% of resolved cases
62%
Career Allowance Rate
48 granted / 77 resolved
-5.7% vs TC avg
Strong +37% interview lift
Without
With
+37.4%
Interview Lift
resolved cases with interview
Typical timeline
3y 8m
Avg Prosecution
70 currently pending
Career history
145
Total Applications
across all art units

Statute-Specific Performance

§103
60.6%
+20.6% vs TC avg
§102
15.7%
-24.3% vs TC avg
§112
23.1%
-16.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 77 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 . Response to Amendment The Office acknowledges receipt on 17 August 2026 of Applicants’ amendments in which claims 11 and 18 are amended and claims 21-30 are newly added. Response to Arguments Applicants’ arguments, see pages 6-8, filed 17 August 2026, with respect to independent claims 11 and 18 have been fully considered and are persuasive. The rejections of claims 11 and 18 and all claims dependent therefrom have been withdrawn. 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 22, 25, 27, and 30 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 22 recites “the protruding structure is in connect with inner surfaces of the channel layer,” which is indefinite due to improper grammar/composition. For the purpose of compact prosecution, this will be interpreted as “the protruding structure is connected with inner surfaces of the channel layer.” Claim 25 recites “an upper portion of the protruding structure has a curved top surface extends beyond the recess space,” which is indefinite due to improper grammar/composition. For the purpose of compact prosecution, this will be interpreted as “an upper portion of the protruding structure has a curved top surface that extends beyond the recess space.” Claim 27 recites “the protruding structure is in connect with inner surfaces of the channel layer,” which is indefinite due to improper grammar/composition. For the purpose of compact prosecution, this will be interpreted as “the protruding structure is connected with inner surfaces of the channel layer.” Claim 30 recites “an upper portion of the protruding structure has a curved top surface extends beyond the recess space,” which is indefinite due to improper grammar/composition. For the purpose of compact prosecution, this will be interpreted as “an upper portion of the protruding structure has a curved top surface that extends beyond the recess space.” Allowable Subject Matter Claims 11-21, 23, 24, 26, 28, and 29 are allowed. Dependent claims 22, 25, 27, and 30 would be allowable if the indefiniteness rejections applied thereto are overcome. The following is a statement of reasons for the indication of allowable subject matter: Regarding independent claim 11, the prior art does not teach, suggest or motivate one having ordinary skill in the art to have the recited subject matter of “a protruding structure located on the plug structure protruding upwardly above the first surface away from the plug structure and the stack structure; … and an upper select channel structure extending through the upper select gate layer and the protruding structure in the stacking direction, and being in contact with the plug structure” in combination with the other limitations of the claim. Claims 12-17, 21, 23, and 24 are allowable due to their dependence from base claim 11. Regarding independent claim 18, the prior art does not teach, suggest or motivate one having ordinary skill in the art to have the recited subject matter of “a protruding structure located on the plug structure protruding upwardly above the first surface away from the plug structure and the stack structure; … and an upper select channel structure extending through the upper select gate layer and the protruding structure in the stacking direction, and being in contact with the plug structure” in combination with the other limitations of the claim. Claims 19, 20, 26, 28, and 29 are allowable due to their dependence from base claim 18. As allowable subject matter has been indicated, applicant's reply must either comply with all formal requirements or specifically traverse each requirement not complied with. See 37 CFR 1.111(b) and MPEP § 707.07(a). Citation of Pertinent Prior Art The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Kim et al. (US20220278201A1) teaches semiconductor device, includes: gate electrodes spaced apart from each other and on a substrate; channel structures penetrating the gate electrodes, each of channel structures including a channel layer, a gate dielectric layer between the channel layer and the gate electrodes, a channel insulating layer filling between the channel layers, a channel pad on the channel insulating layer; and separation regions penetrating the gate electrodes, and spaced apart from each other, wherein the gate dielectric layer extends upwardly, further than the channel layer upwardly such that a portion of an inner side surface of the gate dielectric layer contacts the channel pad, the channel pad includes a lower pad on an upper end of the channel layer and the inner side surface of the gate dielectric layer, and having a first recess between the inner side surfaces of the gate dielectric layer; and an upper pad having a first portion in the first recess and a second portion extending from the first portion in a direction, parallel to an upper surface of the substrate on the first portion. But Kim does not teach the above-identified features of claims 11 and 18. Conclusion Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID WARD whose telephone number is (703)756-1382. The examiner can normally be reached 6:30-3:30 EST. 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, Matthew Landau can be reached at (571)-272-1731. 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. /D.W.W./Examiner, Art Unit 2891 /MATTHEW C LANDAU/Supervisory Patent Examiner, Art Unit 2891
Read full office action

Prosecution Timeline

Dec 13, 2023
Application Filed
May 19, 2026
Non-Final Rejection mailed — §112
Aug 17, 2026
Response Filed
Sep 22, 2026
Final Rejection mailed — §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

3-4
Expected OA Rounds
62%
Grant Probability
99%
With Interview (+37.4%)
3y 8m (~10m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 77 resolved cases by this examiner. Grant probability derived from career allowance rate.

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