ETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
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.
This Office Action is in response to Amendments/Remarks filed on July 20, 2026.
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.
(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.
Claim(s) 1-3 are rejected under 35 U.S.C. 102(a)(1)(2) as being anticipated by U.S. Patent Application Publication No. 2015/0061020 A1 to Yokoyama et al. (“Yokoyama”). As to claim 1, Yokoyama discloses a semiconductor device, comprising: a lower semiconductor substrate (50); an upper semiconductor substrate (10) overlapping the lower semiconductor substrate (50), wherein the upper semiconductor substrate (10) includes a first surface (lower) and a second surface (upper) opposite to the first surface (lower); a conductive pad (SL) between the lower semiconductor substrate (50) and the first surface (lower) of the upper semiconductor substrate (10); an upper gate structure (21, 24, 26) on the first surface (lower) of the upper semiconductor substrate (10), wherein the upper gate structure (21, 24, 26) includes an upper gate electrode (21) and an insulation structure (24, 26) on a side surface and a bottom surface of the upper gate electrode (21); an upper interlayer insulation film (27) between the first surface (lower) of the upper semiconductor substrate (10) and the conductive pad (SL); and an upper contact (P, 28B) penetrating the upper semiconductor substrate (10) and the upper interlayer insulation film (27) and connected to the conductive pad (SL), wherein the upper contact (P, 28B) is on a side surface of the upper gate structure (21, 24, 26), wherein a side surface of the insulation structure (24, 26) includes a first recess (X) adjacent to a bottom surface of the insulation structure (24, 26), and a first part of the upper contact (P, 28B) is disposed in the first recess (X) (See Fig. 8, ¶ 0053, ¶ 0057, ¶ 0058, ¶ 0059, ¶ 0061, ¶ 0063, ¶ 0095). As to claim 2, Yokoyama further discloses wherein a width of the upper contact (P, 28B) decreases toward the second surface (upper) (See Fig. 8). As to claim 3, Yokoyama further discloses wherein a side surface of the upper interlayer insulation film (27) includes a second recess (Y) adjacent to the bottom surface of the insulation structure (24, 26), and a second part of the upper contact (P, 28B) is disposed in the second recess (Y) (See Fig. 8).
PNG
media_image1.png
615
762
media_image1.png
Greyscale
Response to Arguments
Applicant's arguments with respect to claim 1 have been considered but are moot in view of the new ground(s) of rejection.
Conclusion
Applicant's 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 DAVID CHEN whose telephone number is (571)270-7438. The examiner can normally be reached M-F 12-6.
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, JOSHUA BENITEZ can be reached at (571) 270-1435. 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.
/DAVID CHEN/Primary Examiner, Art Unit 2815
Prosecution Insights