Prosecution Insights
Last updated: April 19, 2026
Application No. 18/812,006

SEMICONDUCTOR MEMORY DEVICE

Non-Final OA §101§DP
Filed
Aug 22, 2024
Examiner
TRAN, MICHAEL THANH
Art Unit
2827
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Kioxia Corporation
OA Round
1 (Non-Final)
96%
Grant Probability
Favorable
1-2
OA Rounds
1y 10m
To Grant
96%
With Interview

Examiner Intelligence

Grants 96% — above average
96%
Career Allow Rate
1427 granted / 1491 resolved
+27.7% vs TC avg
Minimal +0% lift
Without
With
+0.3%
Interview Lift
resolved cases with interview
Fast prosecutor
1y 10m
Avg Prosecution
22 currently pending
Career history
1513
Total Applications
across all art units

Statute-Specific Performance

§101
3.0%
-37.0% vs TC avg
§103
11.5%
-28.5% vs TC avg
§102
56.2%
+16.2% vs TC avg
§112
5.8%
-34.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1491 resolved cases

Office Action

§101 §DP
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 . DETAILED ACTION In response to the Communications dated August 22, 2024, claim 1 is active in this application. Specification If there are cross-reference to related applications, please include the respective patent numbers, if known. Foreign Priority Receipt is acknowledged of papers submitted under 35 U.S.C. 119(a) (d), which papers have been placed of record in the file. Information Disclosure Statement The information disclosure statements filed August 22, 2024 have been considered. Double Patenting A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957). A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101. Claim 1 is/are rejected under 35 U.S.C. 101 as claiming the same invention as that of claim 1 of prior U.S. Patent No. 12094532 [‘532]. This is a statutory double patenting rejection. See table below. Present Application Patent ‘532 1: A semiconductor memory device comprising: a first memory string including a first select transistor, a first memory cell and a second memory cell connected in series, each of the first memory cell and the second memory cell being configured to store data by one of a first state, a second state,... n-th state (n is a natural number);a second memory string including a second select transistor, a third memory cell and a fourth memory cell connected in series, each of the third memory cell and the fourth memory being configured to store data by one of the first state, the second state...the n-th state;a first bit line connected to one end of the first memory string; a second bit line connected to one end of the second memory string; a source line connected to another ends of the first memory string and the second memory string; a first word line connected to gates of the first memory cells and the third memory cell, respectively; a second word line connected to gates of the second memory cell and the fourth memory cell, respectively; a first select line connected to gates of the first select transistor and the second select transistor; a first data storage circuit electrically connected to the first bit line and including a plurality of first latch circuits; and a second data storage circuit electrically connected to the second bit line and including a plurality of second latch circuits, wherein when data is written to the first memory cell to change a state thereof from the first state to one of the first state, the second state,... the n state depending on a first data after the first data is inputted to the first latch circuits in a first write operation, second data generated by the first data at the first latch circuits in a second write operation, and data is read from the first memory cell written by the first write operation, the first data is restored by the read data and the second data, and the second write operation is executed to the first memory cell once again by the restored first data. 1. A semiconductor memory device comprising: a first memory string including a first select transistor, a first memory cell and a second memory cell connected in series, each of the first memory cell and the second memory cell being configured to store data by one of a first state, a second state, . . . n-th state (n is a natural number); a second memory string including a second select transistor, a third memory cell and a fourth memory cell connected in series, each of the third memory cell and the fourth memory being configured to store data by one of the first state, the second state . . . the n-th state; a first bit line connected to one end of the first memory string; a second bit line connected to one end of the second memory string; a source line connected to another ends of the first memory string and the second memory string; a first word line connected to gates of the first memory cells and the third memory cell, respectively; a second word line connected to gates of the second memory cell and the fourth memory cell, respectively; a first select line connected to gates of the first select transistor and the second select transistor; a first data storage circuit electrically connected to the first bit line and including a plurality of first latch circuits; and a second data storage circuit electrically connected to the second bit line and including a plurality of second latch circuits, wherein when data is written to the first memory cell to change a state thereof from the first state to one of the first state, the second state, . . . the n state depending on a first data after the first data is inputted to the first latch circuits in a first write operation, second data generated by the first data at the first latch circuits in a second write operation, and data is read from the first memory cell written by the first write operation, the first data is restored by the read data and the second data, and the second write operation is executed to the first memory cell once again by the restored first data. Conclusion For applicant’s benefit portions of the cited reference(s) have been cited to aid in the review of the rejection(s). While every attempt has been made to be thorough and consistent within the rejection it is noted that the PRIOR ART MUST BE CONSIDERED IN ITS ENTIRETY, INCLUDING DISCLOSURES THAT TEACH AWAY FROM THE CLAIMS. See MPEP 2141.02 VI. When responding to the Office action, Applicants are advised to provide the Examiner with line and page numbers of the application and/or references cited to assist the Examiner in the prosecution of this case. Any inquiry concerning this communication or earlier communications from the Examiner should be directed to Michael T. Tran whose telephone number is (571) 272-1795. Interview agendas may be emailed to Michael.tran@uspto.gov. The Examiner can normally be reached on Monday-Thursday from 6:00AM-4:30 P.M. Any inquiry of a general nature or relating to the status of this application. should be directed to the Group receptionist whose telephone number is (571) 272-1650. /MICHAEL T TRAN/Primary Examiner, Art Unit 2827 February 5, 2026
Read full office action

Prosecution Timeline

Aug 22, 2024
Application Filed
Feb 05, 2026
Non-Final Rejection — §101, §DP (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12592293
SEMICONDUCTOR DEVICE AND METHOD FOR MANUFACTURING THE SAME
2y 5m to grant Granted Mar 31, 2026
Patent 12591528
QUAD-CHANNEL MEMORY MODULE
2y 5m to grant Granted Mar 31, 2026
Patent 12586614
DATA TRANSMISSION/RECEIVING CIRCUIT, DATA TRAINING CIRCUIT AND SEMICONDUCTOR APPARATUS INCLUDING THE SAME
2y 5m to grant Granted Mar 24, 2026
Patent 12581666
MEMORY DEVICE BASED ON THYRISTORS
2y 5m to grant Granted Mar 17, 2026
Patent 12575458
MEMORY DEVICE WITH A MULTIPLEXED COMMAND/ADDRESS BUS
2y 5m to grant Granted Mar 10, 2026
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
96%
Grant Probability
96%
With Interview (+0.3%)
1y 10m
Median Time to Grant
Low
PTA Risk
Based on 1491 resolved cases by this examiner. Grant probability derived from career allow rate.

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