Prosecution Insights
Last updated: October 25, 2026
Application No. 18/763,037

VERTICAL MEMORY STUCTURE WITH AIR GAPS AND METHOD FOR PREPARING THE SAME

Final Rejection §103
Filed
Jul 03, 2024
Priority
Apr 14, 2020 — divisional of 11/411,019 +3 more
Examiner
TRAN, TONY
Art Unit
2893
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
NANYA TECHNOLOGY Corporation
OA Round
2 (Final)
70%
Grant Probability
Favorable
3-4
OA Rounds
5m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 70% — above average
70%
Career Allowance Rate
621 granted / 884 resolved
+2.2% vs TC avg
Strong +33% interview lift
Without
With
+33.3%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
50 currently pending
Career history
937
Total Applications
across all art units

Statute-Specific Performance

§101
0.8%
-39.2% vs TC avg
§103
60.5%
+20.5% vs TC avg
§102
33.3%
-6.7% vs TC avg
§112
3.7%
-36.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 884 resolved cases

Office Action

§103
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 . 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) 1-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over LEE et al. (Pub. No.: US 2018/0122822) (hereinafter LEE) in view of KANAMORI (Pub. No.: US 2017/0221921). Re claim 1, LEE, FIG. 1 teaches a method for preparing a vertical memory structure, comprising: providing a substrate (100); forming an impurity layer (107, ¶ [0039]) at an upper portion of the substrate; forming a semiconductor stack including a lower semiconductor pattern structure (251, [0021]) filling a recess on the substrate and protruding from an upper surface of the substrate in a first direction substantially perpendicular to the upper surface of the substrate; forming a plurality of gate electrodes (343/345/347, [0017]) surrounding a sidewall of the semiconductor stack, wherein the plurality of gate electrodes are at a plurality of levels, respectively, so as to be spaced apart from each other in the first direction; forming a contact plug (270/380/390, [0040]) over the semiconductor stack, wherein the contact plug comprises a lower portion (270), a middle portion (380) and an upper portion (390), and a width of the middle portion (horizontal width 380) is less than a width of the lower portion (horizontal width 270); and forming a bit line (390, [0041]) over the contact plug. LEE fails to teach forming a plurality of air gap structures disposed at outer sides of the plurality of gate electrodes respectively; wherein each of the air gap structures comprises an air gap and a liner layer enclosing the air gap; wherein each of the gate electrodes is formed between the air gap structure and the semiconductor stack; wherein each of the gate electrodes comprises a gate conductive pattern and a gate barrier pattern covering lower and upper surfaces and one of a sidewall of the gate conductive pattern, wherein another sidewall of the gate conductive pattern is covered by the liner layer, such that the gate conductive pattern is enclosed within the gate barrier pattern and the liner layer. KANAMORI teaches forming a plurality of air gap structures (235, FIG. 3, [0067]) disposed at outer sides of the plurality of gate electrodes (363/365/367) respectively; wherein each of the air gap structures (363/365/367, [0028]) comprises an air gap and a liner layer (232/184) enclosing the air gap (235); wherein each of the gate electrodes (363/365/367) is formed between the air gap structure (235/232) and the semiconductor stack (270/150, [0024]); wherein each of the gate electrodes comprises a gate conductive pattern (353/355/357) and a gate barrier pattern (343/345/347) covering lower and upper surfaces and one of a sidewall of the gate conductive pattern, wherein another sidewall of the gate conductive pattern (353/355/357) is covered by the liner layer (232), such that the gate conductive pattern (353/355/357) is enclosed within the gate barrier pattern (343/345/347) and the liner layer (232/184). It would have been for a person of ordinary skill in the art before the effective filing date of the claim invention to include the above said teaching for the purpose of preventing the coupling that may occur between neighboring by implementing the air gap as taught by KANAMORI, [0005]. Re claim 2, in the combination, KANAMORI, FIG. 1 teaches a method for preparing the vertical memory structure of claim 1, wherein forming the plurality of air gap structures comprises: forming a plurality of energy removable blocks (210, FIG. 16, [0098]) disposed at the outer sides of the plurality of gate electrodes respectively; and performing a heat treatment process to transform the plurality of energy removable blocks to the plurality of air gap structures (220), respectively. Re claim 3, in the combination, LEE, FIG. 1 teaches the method for preparing the vertical memory structure of claim 1, wherein forming the semiconductor stack comprises: forming the lower semiconductor pattern structure (251) in the recess; and forming an upper semiconductor pattern structure (260/250/240) above the lower semiconductor pattern (251) in the recess, wherein the upper semiconductor pattern is in contact with the lower portion of the contact plug (270/380/390). Re claim 4, KANAMORI, FIG. 1 teaches the method for preparing the vertical memory structure of claim 3, wherein forming the lower semiconductor pattern structure in the recess comprises: forming a first undoped semiconductor pattern (160, [0023]); forming a first diffusion prevention (170) pattern over the first undoped semiconductor pattern; forming a doped semiconductor pattern (180) over the first diffusion prevention pattern; forming a second diffusion prevention pattern (190) over the doped semiconductor pattern; and forming a second undoped semiconductor pattern (200) over the second diffusion prevention pattern. Re claim 5, in the combination, LEE, FIG. 1 teaches the method for preparing the vertical memory structure of claim 4, wherein the first diffusion prevention pattern (170) and the second diffusion prevention pattern (190) comprise carbon [0023]. Re claim 6, in the combination, LEE, FIG. 1 teaches the method for preparing the vertical memory structure of claim 4, wherein the second diffusion prevention pattern further comprises boron [0023]. Re claim 7, in the combination, LEE, FIG. 1 teaches the method for preparing the vertical memory structure of claim 3, wherein forming the upper semiconductor pattern structure comprises: forming a charge storage structure (240, [0031]); forming an upper channel structure (250); forming a filling pattern (260, [0030]), wherein the upper channel structure and the filling pattern are penetrating through the charge storage structure into the lower semiconductor pattern structure; and forming a capping pattern (270, [0032]) over the charge storage structure, the upper channel structure and the filling pattern, wherein the capping pattern is in contact with the lower portion of the contact plug (380/390), and a width the capping pattern is greater than the width of the lower portion (380). Response to Arguments Applicant's arguments filed 08/13/2026 have been fully considered but they are not persuasive. In response to Applicant’s argument: “14. The applicant respectfully submits that the invention must be considered as a whole and there must be something in the reference that suggests the combination or the modification. See Lindemann Maschinenfabrik GMBH v. American Hoist & Derrick, 221 U.S.P.Q. 481, 488 (Fed. Cir. 1984) ("The claimed invention must be considered as a whole, and the question is whether there is something in the prior art as a whole to suggest the desirability, and thus the obviousness, of making the combination"), In re Gordon, 221 U.S.P.Q. 1125, 1127 (Fed. Cir. 1984), ("The mere fact that the prior art could be so modified would not have made the modification obvious unless the prior art suggested the desirability of the modification.") In re Laskowski, 10 U.S.P.Q.2d 1397, 1398 (Fed. Cir. 1989), ("Although the Commissioner suggests that [the structure in the primary prior art reference] could readily be modified to form the [claimed]25 structu, "[t]he mere fact that the prior art could be modified would not have made the modification obvious unless the prior art suggested the desirability of the modification.")…” The Examiner respectfully submits that since both LEE and KANAMORI teach on the same inventive concept such as the vertical memory device, therefore, One would be motivated to make such a change to generate the claimed invention with a reasonable expectation of success and yield predictable results and KANAMORI still reads on: forming a plurality of air gap structures (235, FIG. 3, [0067]) disposed at outer sides of the plurality of gate electrodes (363/365/367) respectively; wherein each of the air gap structures (363/365/367, [0028]) comprises an air gap and a liner layer (232/184) enclosing the air gap (235); wherein each of the gate electrodes (363/365/367) is formed between the air gap structure (235/232) and the semiconductor stack (270/150, [0024]); wherein each of the gate electrodes comprises a gate conductive pattern (353/355/357) and a gate barrier pattern (343/345/347) covering lower and upper surfaces and one of a sidewall of the gate conductive pattern, wherein another sidewall of the gate conductive pattern (353/355/357) is covered by the liner layer (232), such that the gate conductive pattern (353/355/357) is enclosed within the gate barrier pattern (343/345/347) and the liner layer (232/184). For the above reasons, it is believed that the rejections should be sustained. Conclusion Applicants’ 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 TONY TRAN whose telephone number is (571)270-1749. The examiner can normally be reached Monday-Friday, 8AM-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, Britt Hanley can be reached at 571-270-3042. 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. /TONY TRAN/Primary Examiner, Art Unit 2893
Read full office action

Prosecution Timeline

Jul 03, 2024
Application Filed
Jul 01, 2026
Non-Final Rejection mailed — §103
Aug 13, 2026
Response Filed
Sep 28, 2026
Final Rejection mailed — §103 (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
70%
Grant Probability
99%
With Interview (+33.3%)
2y 9m (~5m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 884 resolved cases by this examiner. Grant probability derived from career allowance rate.

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