Prosecution Insights
Last updated: July 28, 2026
Application No. 18/545,370

SEMICONDUCTOR DEVICE

Final Rejection §102§103
Filed
Dec 19, 2023
Priority
Aug 25, 2023 — RE 10-2023-0112026
Examiner
CHO, SUNG IL
Art Unit
2825
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
SK hynix Inc.
OA Round
2 (Final)
91%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 91% — above average
91%
Career Allowance Rate
541 granted / 592 resolved
+23.4% vs TC avg
Moderate +8% lift
Without
With
+8.3%
Interview Lift
resolved cases with interview
Fast prosecutor
2y 0m
Avg Prosecution
38 currently pending
Career history
620
Total Applications
across all art units

Statute-Specific Performance

§101
0.2%
-39.8% vs TC avg
§103
64.9%
+24.9% vs TC avg
§102
26.8%
-13.2% vs TC avg
§112
2.8%
-37.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 592 resolved cases

Office Action

§102 §103
DETAILED ACTION The Amendment filed April 24, 2026 has been entered. Claims 1-20 are pending. Claims 8-17 are withdrawn from consideration as being drawn to non-elected inventions without traverse. Claims 2 and 7 have been cancelled. Claims 18-20 have been added. Claim 1 is independent. Specification The Amendment to the Title filed April 24, 2026 is acceptable. Claim Rejections - 35 USC § 103 The following is a quotation of AIA 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 of this title, 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, 4-5 and 19-20 are rejected under AIA 35 U.S.C. 103 as being unpatentable over Ryu et al. (US 2022/0122974). Regarding independent claim 1, Ryu et al. teach a semiconductor device (see e.g., FIG. 1) comprising: a plurality of transistors (TR) connected to a plurality of word lines (WL) including a plurality of active layers (ACT); a plurality of memory cells (MCA) including a plurality of capacitors (CAP) connected to a bit line through the plurality of active layers respectively extending in a first direction; and the bit line (BL) extending in a second direction; a control (PC) transistor connected to a control line (e.g., para. 0021: … PC … control the memory cell …) being an uppermost transistor among the plurality of transistors and including a control active layer (see e.g., FIG. 1 and accompanying disclosure). Ryu et al. do not explicitly disclose a top-level control peripheral circuit comprising a transistor and an active layer. However, a control circuitry comprising a transistor and an active layer is a well-known technology for a type of memory array for its purpose. For support, of the above asserted facts, see for example, Lee et al. (US 2023/0162768), the uppermost column of an array (FIG. 2: 206, dummy cells (transistors) for performing memory functions in memory array; and para. 0021: … PC may include … transistor …) comprising an active layer (see FIG. 4); see Itoh et al. (US 2003/0128574), FIG. 1, QT1, along with FIGS. 3-7, and accompanying disclosure. It would have been obvious to one of ordinary skill in the art before the effective filing date to apply the teaching of Lee / Itoh et al. to the teaching of Ryu et al. such that a memory, as taught by Ryu et al., utilizes a control circuitry, as taught by Lee / Itoh et al., for the purpose positioning controlling circuity higher level than main memory in a memory array, thereby considering multi-level memory array. Regarding claim 4, Ryu et al. teach the limitations of claim 1. Ryu et al. further teach the third direction is a direction orthogonal to a plane defined by the first direction and the second direction (FIG. 1). Regarding claim 5, Ryu et al. teach the limitations of claim 1. Ryu et al. further teach each of the plurality of capacitors (e.g., FIG. 1: CAP) comprises a storage node, a dielectric layer, and a plate node, and the storage node has a cylinder shape and is horizontally contacting the active layer, the dielectric layer is formed to cover inner and outer walls of the cylinder of the storage node, and the plate node is extended to the inner and outer walls of the cylinder on the dielectric layer (see e.g., FIG. 1 and accompanying disclosure). Regarding claims 19-20, Ryu et al. teach the limitations of claim 1. Ryu et al. further teach the plurality of word lines, the plurality of capacitors, the bit line and the control line are formed in a cell wafer, wherein a sense amplifier is formed in a peripheral wafer, and wherein the cell wafer and the peripheral wafer are different each other; the cell wafer and the peripheral wafer are bonded together using at least one bonding pad (e.g., para. 0055-0056: … through the wafer bonding …; further this is an inherent characteristic in memory packages). Allowable Subject Matter Claims 3, 6 and 18 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. Response to Argument Applicant’s arguments filed 04/24/2026, with respect to the rejection(s) of claims under 35 USC 102 and 103, have been fully considered but are moot in view of the new ground(s) of rejection Therefore, it is respectfully submitted that the examiner maintains the rejection. 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 extension fee 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 date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to SUNG IL CHO whose telephone number is (571)270-0137. The examiner can normally be reached on M-Th, 7:30AM-5PM; Every other F, 7:30AM-4PM 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, Alexander G Sofocleous can be reached on 571-272-0635. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /SUNG IL CHO/ Primary Examiner, Art Unit 2825
Read full office action

Prosecution Timeline

Dec 19, 2023
Application Filed
Feb 12, 2026
Non-Final Rejection mailed — §102, §103
Apr 24, 2026
Response Filed
Jun 05, 2026
Final Rejection mailed — §102, §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12682947
MEMORY ARRAY AND MEMORY CELL
2y 3m to grant Granted Jul 14, 2026
Patent 12670950
BIT CELL BASED WRITE SELF-TIME DELAY PATH
2y 3m to grant Granted Jun 30, 2026
Patent 12660145
STACKED INTEGRATED CIRCUIT STRUCTURE AND MANUFACTURING METHOD THEREOF
2y 5m to grant Granted Jun 16, 2026
Patent 12658248
EMBEDDED MEMORY DEVICE AND OPERATING METHOD THEREOF
2y 6m to grant Granted Jun 16, 2026
Patent 12651618
SEMICONDUCTOR INTEGRATED CIRCUIT, RECEIVING DEVICE, AND MEMORY SYSTEM
2y 11m to grant Granted Jun 09, 2026
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
91%
Grant Probability
99%
With Interview (+8.3%)
2y 0m (~0m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 592 resolved cases by this examiner. Grant probability derived from career allowance rate.

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