Prosecution Insights
Last updated: October 01, 2026
Application No. 18/588,547

SEMICONDUCTOR STORAGE DEVICE AND MANUFACTURING METHOD THEREOF

Non-Final OA §102§112
Filed
Feb 27, 2024
Priority
Mar 22, 2023 — JP 2023-045982
Examiner
MILLER, JAMI VALENTINE
Art Unit
2818
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
KIOXIA Corporation
OA Round
1 (Non-Final)
95%
Grant Probability
Favorable
1-2
OA Rounds
0m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 95% — above average
95%
Career Allowance Rate
1040 granted / 1096 resolved
+26.9% vs TC avg
Minimal +4% lift
Without
With
+3.9%
Interview Lift
resolved cases with interview
Fast prosecutor
1y 12m
Avg Prosecution
34 currently pending
Career history
1111
Total Applications
across all art units

Statute-Specific Performance

§101
0.5%
-39.5% vs TC avg
§103
31.1%
-8.9% vs TC avg
§102
41.6%
+1.6% vs TC avg
§112
25.3%
-14.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1096 resolved cases

Office Action

§102 §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 . Status of Claims Claims 1-17 are pending in this application. Election/Restrictions Applicant’s election without traverse of Group I (Claims 1-8 and 10-17) in the reply filed on 7/9/26is acknowledged. Claim 9 is withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to nonelected inventions, there being no allowable generic or linking claim. Group I (Claims 1-8 and 10-17) are examined in this Office action. Foreign Priority Receipt is acknowledged of certified copies of papers submitted under 35 U.S.C. 119(a)-(d), which papers have been placed of record in the file. Information Disclosure Statement Acknowledgment is made that the information disclosure statement has been received and considered by the examiner. If the applicant is aware of any prior art or any other co-pending applications not already of record, he/she is reminded of his/her duty under 37 CFR 1.56 to disclose the same. Drawings There are no objections or rejections to the drawings. Specification The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed. The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant's cooperation is requested in correcting any errors of which applicant may become aware in the specification. 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. Claim 5 is 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 5 recites the limitation “wherein the slit extends in a second direction in the first surface”. It is unclear what is meant by wherein the slit extends in a second direction in the first surface because the first surface is part of the third insulating film (see claim 1) not the slit. The limitation does not have well defined boundaries. One of ordinary skill in the relevant art would not know what structures/steps are covered by the limitation. For these reasons, the claim is indefinite. Claim Rejections - 35 USC § 102 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. The following is a quotation of the appropriate paragraphs of pre-AIA 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, 2, 4, 8, 10, 11 and 13 are rejected under pre-AIA 35 U.S.C. 102(a)(1) as being anticipated by Hachisuga et al. (US Patent Application Publication No 2021/0288060) hereinafter referred to as Hachisuga. Per Claim 1 Hachisuga discloses a semiconductor storage device, comprising (see fig. 1) a first conductive layer (SL, DSC); a stacked body (LM) including a plurality of electrode films (WL) and a plurality of first insulating films (OL) alternately stacked in a first direction (as shown in figure 1); a columnar body (CN) including a semiconductor layer [0022] penetrating the stacked body in the first direction (as shown in figure 1); a second insulating film (54) disposed on an inner wall of a slit penetrating the stacked body in the first direction (as shown in figure 1); wiring (21) disposed at an inside of the second insulating film in the slit, electrically separated from the plurality of electrode films using the second insulating film, and electrically connected to the first conductive layer (as shown in figure 1); and a third insulating film (55) extending in a first (bottom) surface intersecting the first direction in the first conductive layer (SL), [0029] wherein the third insulating film protrudes from the inner wall of the slit toward the wiring (as shown in figure 1). PNG media_image1.png 635 784 media_image1.png Greyscale Per Claim 2 Hachisuga discloses the device of claim 1 (see fig. 1) including where a tip end portion of the third insulating film (55) protruding from the inner wall of the slit is in the second insulating film (54) and does not extend to the wiring (21). Per Claim 4 Hachisuga discloses the device of claim 1 (see fig. 1) including where the slit extends in a second direction in the first (bottom) surface (as shown in figure 1), and a side surface of a bottom portion of the slit is substantially perpendicular to the first surface in a cross section perpendicular to the second direction. (as shown in figure 1) Per Claim 8 Hachisuga discloses the device of claim 1 (see fig. 1) including where the first conductive layer (SL, DSC) is doped polysilicon. [0018] Per Claim 10 Hachisuga discloses the device of claim 1 (see fig. 1) including where the plurality of electrode films (WL) are formed by at least one of copper or tungsten. [0019] Per Claim 11 Hachisuga discloses the device of claim 1 (see fig. 1) including where the first insulating films (OL) are formed by silicon oxide. Per Claim 13 Hachisuga discloses the device of claim 1 (see fig. 1) including where the wiring (21) is formed of at least copper or tungsten. [0036] Allowable Subject Matter Claims 3, 6-7 12, and 14-17 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. Claim 5 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims. Cited Prior Art The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Applicants are directed to consider additional pertinent prior art included on the Notice of References Cited (PTOL 892) attached herewith. Ikeda (US 2022/0310645) is cited for teaching an analogous device that includes many of the features of claim 1. The Examiner has pointed out particular references contained in the prior art of record within the body of this action for the convenience of the Applicant. Although the specified citations are representative of the teachings in the art and are applied to the specific limitations within the individual claim, other passages and figures may apply. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMI VALENTINE MILLER whose telephone number is (571)272-9786. The examiner can normally be reached on Monday-Thursday 7am-5pm. 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, Eva Montalvo can be reached on (571) 270-3829. 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. /Jami Valentine Miller/Primary Examiner, Art Unit 2818
Read full office action

Prosecution Timeline

Feb 27, 2024
Application Filed
Sep 09, 2026
Non-Final Rejection mailed — §102, §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
95%
Grant Probability
99%
With Interview (+3.9%)
1y 12m (~0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1096 resolved cases by this examiner. Grant probability derived from career allowance rate.

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