Prosecution Insights
Last updated: October 26, 2026
Application No. 18/757,933

SEMICONDUCTOR PACKAGE AND METHOD OF MANUFACTURING THE SAME

Non-Final OA §103
Filed
Jun 28, 2024
Priority
Aug 29, 2023 — RE 10-2023-0113969
Examiner
HARRISTON, WILLIAM A
Art Unit
2899
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Samsung Electronics Co., Ltd.
OA Round
1 (Non-Final)
90%
Grant Probability
Favorable
1-2
OA Rounds
0m
Est. Remaining
98%
With Interview

Examiner Intelligence

Grants 90% — above average
90%
Career Allowance Rate
970 granted / 1083 resolved
+21.6% vs TC avg
Moderate +8% lift
Without
With
+8.4%
Interview Lift
resolved cases with interview
Typical timeline
2y 2m
Avg Prosecution
20 currently pending
Career history
1111
Total Applications
across all art units

Statute-Specific Performance

§101
0.4%
-39.6% vs TC avg
§103
45.7%
+5.7% vs TC avg
§102
33.7%
-6.3% vs TC avg
§112
5.2%
-34.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1083 resolved cases

Office Action

§103
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 . Priority Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d Information Disclosure Statement The information disclosure statement filed on 06/28/2024 has been considered. Drawings The drawings filed on 06/28/2024 are acceptable. Specification The abstract of the disclosure and the specification filed on 06/28/2024 are acceptable. 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. Claim(s) 1, 3-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chen (US 2022/0381999) in view of Hossain (US 2020/0211969). PNG media_image1.png 460 792 media_image1.png Greyscale Regarding claim 1, Chen (US 2022/0381999) discloses: A semiconductor package comprising: a redistribution layer (130, ¶0026); a photonic integrated circuit (PIC) chip (192, ¶0028) on the redistribution layer (130); a buffer chip (120, ¶0026) on the redistribution layer (130); an electronic integrated circuit (EIC) chip (194, ¶0028) on the PIC chip (192) and the buffer chip (120); and a stacked structure (180, ¶0028) on the buffer chip (120) wherein a portion of the EIC chip (194) overlaps the PIC chip (192) in a vertical direction, and another portion of the EIC chip (194) overlaps the buffer chip (120) in a vertical direction. Chen does not disclose “a plurality of stacked structures on the buffer chip, each of the plurality of stacked structures including a plurality of stacked semiconductor chips, wherein the plurality of stacked structures are spaced apart from one another in a horizontal direction”. PNG media_image2.png 612 548 media_image2.png Greyscale In a similar device, however, Hossain (US 2020/0211969) discloses a semiconductor package (100, ¶0017) comprising a buffer chip (130, ¶0018) and a plurality of stacked structures (150, ¶0020) on the buffer chip (130), each of the plurality of stacked structures including a plurality of stacked semiconductor chips (156, ¶0024), wherein the plurality of stacked structures are spaced apart from one another in a horizontal direction (figure 1a). Hossain discloses that a structure as taught provides an improved package yield (¶0020). Therefore, it would have been obvious to one having skill in the art before the effective filing date of the claimed invention to modify the device of Chen including providing a plurality of stacked structures on the buffer chip, each of the plurality of stacked structures including a plurality of stacked semiconductor chips, wherein the plurality of stacked structures are spaced apart from one another in a horizontal direction in order to improve package yield as taught by Hossain. Regarding claim 3, Chen in view of Hossain does not disclose “wherein a thickness of the PIC chip is equal to a thickness of the buffer chip”. However, a change in size or shape or both is an unpatentable modification when it results in optimum conditions that differ from the prior art in degree but not in kind. In Re Rose, 220 F.2d 459, 105 USPQ 237, In reDailey, 357 F.2d 669, 149 USPQ 47). In the instant case the prior art device would not perform differently if modified to the claimed shape or size. Therefore, the claimed limitations are considered met. Regarding claim 4, Chen further discloses: wherein the PIC chip (192) comprises an active surface, an inactive surface opposite the active surface, and through vias (162) , and wherein the inactive surface of the PIC chip faces the redistribution layer (¶0041). Regarding claim 5, Chen further discloses: wherein the buffer chip (130) comprises an active surface, an inactive surface opposite the active surface, and through vias (122), and wherein the active surface of the buffer chip faces the redistribution layer (130). Regarding claim 6, Chen in view of Hossain does not disclose “wherein a sum of an area of the PIC chip and an area of the buffer chip is less than an area of the redistribution layer”. However, a change in size or shape or both is an unpatentable modification when it results in optimum conditions that differ from the prior art in degree but not in kind. In Re Rose, 220 F.2d 459, 105 USPQ 237, In reDailey, 357 F.2d 669, 149 USPQ 47). In the instant case the prior art device would not perform differently if modified to the claimed shape or size. Therefore, the claimed limitations are considered met. Regarding claim 7, Chen in view of Hossain does not disclose “wherein a thickness of each of the plurality of stacked structures is equal to a thickness of the EIC chip”. However, a change in size or shape or both is an unpatentable modification when it results in optimum conditions that differ from the prior art in degree but not in kind. In Re Rose, 220 F.2d 459, 105 USPQ 237, In reDailey, 357 F.2d 669, 149 USPQ 47). In the instant case the prior art device would not perform differently if modified to the claimed shape or size. Therefore, the claimed limitations are considered met. Regarding claim 8, Chen further discloses: wherein the EIC chip comprises an active surface and an inactive surface opposite the active surface, and wherein the active surface of the EIC chip faces the PIC chip (¶0042). Regarding claim 9, the modification of Hossain further discloses: wherein the plurality of semiconductor chips (156) of each of the plurality of stacked structures comprise memory chips (¶0056). 10. The semiconductor package of claim 1, further comprising a plurality of optical fibers (OTYV 145, ¶0026) configured to input/output optical signals to/from the PIC chip, wherein the plurality of optical fibers are positioned on the PIC chip (192). Allowable Subject Matter Claim 2 is 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 2, the prior art does not disclose “, wherein the PIC chip is spaced apart from the buffer chip in a horizontal direction, and wherein at least a portion of the EIC chip is positioned above a space between the PIC chip and the buffer chip” in combination with the remaining claimed features. Claims 11-20 are allowed. Regarding claim 11, the prior art does not disclose “ an electronic integrated circuit (EIC) chip above the PIC chip and the buffer chip and having one end portion positioned above the PIC chip and the other end portion positioned above the buffer chip in a first horizontal direction” in combination with the remaining claimed features. Regarding claim 17, the prior art does not disclose “an electronic integrated circuit (EIC) chip on the PIC chip and the buffer chip and positioned to overlap the PIC chip and the buffer chip;” and “a molding layer on at least a portion of a top surface of the redistribution layer and on side surfaces of the PIC chip, the buffer chip, the EIC chip, and the plurality of stacked structures” in combination with the remaining claimed features. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to WILLIAM A HARRISTON whose telephone number is (571)270-3897. The examiner can normally be reached Mon-Fri, 9AM-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, Brent Fairbanks can be reached at (408) 918-7532. 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. /WILLIAM A HARRISTON/ Primary Examiner, Art Unit 2899
Read full office action

Prosecution Timeline

Jun 28, 2024
Application Filed
Sep 30, 2026
Non-Final Rejection mailed — §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12772461
SEMICONDUCTOR PACKAGE AND METHOD OF FABRICATING THE SAME
3y 4m to grant Granted Oct 20, 2026
Patent 12772615
Multi-Period Patterned Substrate
2y 11m to grant Granted Oct 20, 2026
Patent 12772581
Backside Illumination Global Shutter Image Sensor with Trench Storage Gate
2y 10m to grant Granted Oct 20, 2026
Patent 12757777
SEMICONDUCTOR DEVICE AND METHOD OF FABRICATING THE SAME
3y 7m to grant Granted Oct 06, 2026
Patent 12751077
FLIP-CHIP FIELD EFFECT TRANSISTOR LAYOUTS AND STRUCTURES
3y 7m to grant Granted Sep 29, 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
90%
Grant Probability
98%
With Interview (+8.4%)
2y 2m (~0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1083 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