Prosecution Insights
Last updated: October 02, 2026
Application No. 18/592,052

SEMICONDUCTOR DEVICE, METHOD OF MANUFACTURING THE SEMICONDUCTOR DEVICE, AND METHOD OF OPERATING THE SEMICONDUCTOR DEVICE

Non-Final OA §102§112
Filed
Feb 29, 2024
Priority
Sep 26, 2023 — RE 10-2023-0128937
Examiner
LUKE, DANIEL M
Art Unit
2896
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
SK hynix Inc.
OA Round
1 (Non-Final)
71%
Grant Probability
Favorable
1-2
OA Rounds
2m
Est. Remaining
90%
With Interview

Examiner Intelligence

Grants 71% — above average
71%
Career Allowance Rate
507 granted / 710 resolved
+3.4% vs TC avg
Strong +19% interview lift
Without
With
+18.6%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
23 currently pending
Career history
729
Total Applications
across all art units

Statute-Specific Performance

§101
0.4%
-39.6% vs TC avg
§103
49.9%
+9.9% vs TC avg
§102
25.8%
-14.2% vs TC avg
§112
21.8%
-18.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 710 resolved cases

Office Action

§102 §112
DETAILED ACTION This office action is in response to the election filed 7/17/2026. Claims 1-6 and 8-9 are pending, of which claim 8 is withdrawn from consideration. Claim 7 has been canceled. Election/Restrictions Applicant’s election without traverse of Species I is acknowledged. Priority Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55. 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. 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 2-6 and 9 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 2 recites the limitation “a blocking insulating layer and a charge trap layer sequentially interposed between sidewalls of the even conductive layer and the odd conductive layer”. It is not clear what is meant by “interposed” in light of the specification, and appears to contradict the plain meaning of the term. As seen in FIG. 3, the only layer that is between the even conductive layer CDLe and the odd conductive layer CDLo is interlayer insulating layer ISL2, which is interposed between the top surface of the even conductive layer and the bottom surface of the odd conductive layer. Although there are blocking insulators and charge trap layers that are adjacent each sidewall of the even and odd conductive layers, this location does not match the description of “between sidewalls of the even conductive layer and the odd conductive layer”. A similar limitation is repeated explicitly in claims 4, 6 and 9, and is recited in the other claims via dependency on an independent claim reciting the limitation. The disclosure teaches that the blocking insulating layer, charge trap layer, and tunnel insulating are located between the conductive layer and the channel layer, and thus, for purposes of examination, the limitation is interpreted as such. Furthermore, claim 2 recites the limitation “a sidewall of the first interlayer insulating layers and the second interlayer insulating layer contacting the channel layer”. It is not clear what is meant by “contacting” in light of the specification, and appears to contradict the plain meaning of the term. As seen in FIG. 3, tunnel insulating layer TIL is located between the sidewalls of the first interlayer insulating layers and the second interlayer insulating layer and the channel layer CHL, and therefore prevents contact between the sidewalls of the first interlayer insulating layers and the second interlayer insulating layer and the channel layer. Claim 3 recites the limitation “the first interlayer insulating layers and the second interlayer insulating layer further protrude in a direction of the channel layer than the even conductive layer and the odd conductive layer. It is not clear what is meant by “direction of the channel layer” in light of the specification. As seen in FIG. 3, the direction in which the channel layer CHL extends is near vertical. However, FIG. 3 shows the first interlayer insulating layers and the second interlayer insulating layer being stacked in the same direction in which the channel extends. It is then not clear how it could be said that one element protrudes further in that direction than the other. For purposes of examination, the limitation is interpreted as a direction towards the channel, which is consistent with the disclosure. Claim Rejections - 35 USC § 102 The following is a quotation of the appropriate paragraphs of 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. Claims 1-6 and 9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kang et al. (US 11,227,870). Pertaining to claim 1, Kang shows, with reference to FIG. 2, a semiconductor device comprising: a gate stack including first interlayer insulating layers (e.g. 162, 166) and word line stack layers (e.g. insulating layer 164 and conductive layers WL above and below 164), which are alternately stacked; a channel layer (106) extending in a vertical direction in the gate stack; and memory structures (110a, 110b) interposed between the word line stack layers and the channel layer, wherein each of the word line stack layers includes an even conductive layer (below 164), a second interlayer insulating layer (164), and an odd conductive layer (above 164) sequentially stacked, and wherein the thickness of each of the first interlayer insulating layers (162, 164) is greater than the thickness of any one of the second interlayer insulating layers (164) included in any one of the word line stack layers (FIG. 2). Pertaining to claim 6, Kang shows a semiconductor device comprising: a gate stack including first interlayer insulating layers (e.g. 162, 166) and word line stack layers (e.g. insulating layer 164 and conductive layers WL above and below 164), which are alternately stacked; a channel layer (106) extending in a vertical direction in the gate stack; and memory structures (102/110/104) interposed between the word line stack layers and the channel layer, wherein each of the word line stack layers includes an even conductive layer (below 164), a second interlayer insulating layer (164), and an odd conductive layer (above 164) sequentially stacked, wherein each of the memory structures includes a blocking insulating layer (102), a charge trap layer (110a/b), and a tunnel insulating layer (106) sequentially interposed between sidewalls of the even conductive layer and the odd conductive layer, and wherein the thickness of any one of the first interlayer insulating layers is greater than the thickness of any one of the second interlayer insulating layers (FIG. 2). Pertaining to claim 2, Kang shows each of the memory structures includes a blocking insulating layer (102) and a charge trap layer (110a/b) sequentially interposed between sidewalls of the even conductive layer and the odd conductive layer, and wherein a sidewall of the first interlayer insulating layers and the second interlayer insulating layer contacting the channel layer is positioned on the same line as a sidewall of the charge trap layer contacting the channel layer (a meandering line may be drawn that traces the sidewalls). Pertaining to claim 3, Kang shows the first interlayer insulating layers and the second interlayer insulating layer further protrude in a direction of the channel layer than the even conductive layer and the odd conductive layer, and wherein the blocking insulating layer and the charge trap layer are interposed in a space between the protruded first interlayer insulating layers and the second interlayer insulating layer (FIG. 2). Pertaining to claims 4 and 9, Kang shows the charge trap layers are spaced apart from each other by the first interlayer insulating layers and the second interlayer insulating layer (FIG. 2). Pertaining to claim 5, Kang shows a tunnel insulating layer (106) extending in the vertical direction along a sidewall of the first interlayer insulating layers, a sidewall of the second interlayer insulating layer, and a sidewall of the charge trap layer, wherein the channel layer extends in the vertical direction along a sidewall of the tunnel insulating layer (FIG. 2). Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Son et al. (US 2023/0109996), Kang et al. (US 2022/0189988), Yang et al. (US 2012/0156848), Sotome (US 2022/0302163), and Hopkins (US 9,793,124) all disclose inventions similar to Applicant’s. Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL M LUKE whose telephone number is (571)270-1569. The examiner can normally be reached Monday-Friday, 9am-5pm, 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, William Kraig can be reached at (571) 272-8660. 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. /DANIEL LUKE/Primary Examiner, Art Unit 2896
Read full office action

Prosecution Timeline

Feb 29, 2024
Application Filed
Sep 09, 2026
Non-Final Rejection mailed — §102, §112 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12751313
SELECTIVE ALTERATION OF INTERCONNECT PADS FOR DIRECT BONDING
5y 7m to grant Granted Sep 29, 2026
Patent 12751223
Treatment to Control Deposition Rate
4y 4m to grant Granted Sep 29, 2026
Patent 12745616
SEMICONDUCTOR STRUCTURE INCLUDING LINES OF DIFFERENT HEIGHT
3y 1m to grant Granted Sep 22, 2026
Patent 12740097
STRUCTURE WITH ISOLATED WELL
3y 7m to grant Granted Sep 15, 2026
Patent 12740397
SEMICONDUCTOR PATTERN AND METHOD OF ROUNDING THE SAME
3y 6m to grant Granted Sep 15, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

Strategy Recommendation AI-generated — please review before filing

Get a prosecution strategy drawn from examiner precedents, rejection analysis, and claim mapping.
Typically takes 5-10 seconds — AI-generated, attorney review required before filing

Prosecution Projections

1-2
Expected OA Rounds
71%
Grant Probability
90%
With Interview (+18.6%)
2y 9m (~2m remaining)
Median Time to Grant
Low
PTA Risk
Based on 710 resolved cases by this examiner. Grant probability derived from career allowance rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month