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
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 11/26/25 has been entered.
Information Disclosure Statement
Applicant’s IDS submitted on 11/10/21, 7/8/22, and 11/25/24 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement has/have been considered by the examiner and made of record.
Status of Claims
Claims 1-4, 6-9, 11-18, 20-27, and 29-44 are under consideration in this application.
Claims 5, 10, 19, and 28 were canceled in the response of 11/26/25.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claims 41-44 are rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends.
Regarding claim 41: Claim 41 claims “the forth component comprises at least one of beryllium (Be) and sulfur (S)” the inclusion of sulfur (S) in claim 41 does not further limit claim 1, the claim from which it depends, in which the fourth component is “selected from beryllium (Be), fluorine (F), chlorine (Cl), iodine (I), and bromine (Br).” Claim 41 would allow the fourth component to be only sulfur (S) which is not included in claim 1. It is suggested claim 41 be amended to remove sulfur (S). For purposes of examination claims 41 has been interpreted as not including sulfur (S) as this interpretation agrees with the independent claim from which it depends.
Regarding claim 42: Claim 42 claims “the forth component comprises at least one of beryllium (Be) and sulfur (S)” the inclusion of sulfur (S) in claim 42 does not further limit claim 6, the claim from which it depends, in which the fourth component is “selected from beryllium (Be), fluorine (F), chlorine (Cl), iodine (I), and bromine (Br).” Claim 42 would allow the fourth component to be only sulfur (S) which is not included in claim 6. It is suggested that claim 42 be amended to remove sulfur (S). For purposes of examination claims 42 has been interpreted as not including sulfur (S) as this interpretation agrees with the independent claim from which it depends.
Regarding claim 43: Claim 43 claims “the forth component comprises at least one of beryllium (Be) and sulfur (S)” the inclusion of sulfur (S) in claim 43 does not further limit claim 15, the claim from which it depends, in which the fourth component is “selected from beryllium (Be), fluorine (F), chlorine (Cl), iodine (I), and bromine (Br).” Claim 43 would allow the fourth component to be only sulfur (S) which is not included in claim 15. It is suggested that claim 43 be amended to remove sulfur (S). For purposes of examination claims 43 has been interpreted as not including sulfur (S) as this interpretation agrees with the independent claim from which it depends.
Regarding claim 44: Claim 44 claims “dopant includes at least one of beryllium (Be) and sulfur (S)” the inclusion of sulfur (S) in claim 44 does not further limit claim 27, the claim from which it depends, in which the fourth component is “includes at least one of beryllium (Be), fluorine (F), chlorine (Cl), iodine (I), and bromine (Br).” Claim 44 would allow the dopant to be only sulfur (S) which is not included in claim 27. It is suggested that claim 44 be amended to remove sulfur (S). For purposes of examination claims 44 has been interpreted as not including sulfur (S) as this interpretation agrees with the independent claim from which it depends.
Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Claim Rejections - 35 USC § 102
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 (i.e., changing from AIA to pre-AIA ) 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.
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 1-3, and 29 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Liu, et al, “Iodine-doped GaAs-Se glasses with high purity and low dispersion,” Spectrochim Acta A Mol Biomol Spectrosc., 2020 Mar 15:229:117885.
Regarding claim 1, Liu discloses:
A chalcogenide material (abstract, discloses Ge-As-Se-I chalcogenide glass) comprising:
germanium (Ge) as a first component (Liu, page 2, “2. Experimental technique,” discloses Ge0.1As0.22Se0.88)100-xIx (x=5)),
arsenic (As) as a second component (Liu, page 2, “2. Experimental technique,” discloses Ge0.1As0.22Se0.88)100-xIx (x=5)),
at least one element selected from selenium (Se) and tellurium (Te) as a third component (Liu, page 2, “2. Experimental technique,” discloses Ge0.1As0.22Se0.88)100-xIx (x=5)), and
a fourth component (Liu, page 2, “2. Experimental technique,” discloses Ge0.1As0.22Se0.88)100-xIx (x=5), where iodine is the fourth component),
wherein a content of the first component is from 5 at% to 30 at% (Liu, page 2, “2. Experimental technique,” discloses Ge0.1As0.22Se0.68)100-xIx (x=5), germanium is 10% of the GeAsSe, which is 95% of the compound, so Ge = 10 x .95 = 9.5%),
a content of the second component is from 20 at% to 40 at% (Liu, page 2, “2. Experimental technique,” discloses Ge0.1As0.22Se0.68)100-xIx (x=5), arsenic is 22% of the GeAsSe, which is 95% of the compound, so As = 22 x .95 = 20.9%),
a content of the third component is from 25 at% to 75 at% (Liu, page 2, “2. Experimental technique,” discloses Ge0.1As0.22Se0.68)100-xIx (x=5), selenide is 68% of the GeAsSe, which is 95% of the compound, so Se = 68 x .95 = 64.6%), and
a content of the fourth component is from 0.5 at% to 5 at% (Liu, page 2, “2. Experimental technique,” discloses Ge0.1As0.22Se0.68)100-xIx (x=5) discloses compound has 5% iodine),
wherein the chalcogenide material does not include silicon (Si) (Liu, page 2, “2. Experimental technique,” discloses Ge0.1As0.22Se0.88)100-xIx (x=5), contains Ge, As, Se and I, it does not contain silicon), and
the fourth component comprises at least one element selected from beryllium (Be), fluorine (F), chlorine (Cl), iodine (I), and bromine (Br) (Liu, page 2, “2. Experimental technique,” discloses Ge0.1As0.22Se0.88)100-xIx (x=5) the fourth compound is iodine).
Regarding claim 2, Liu discloses:
The chalcogenide material of claim 1 wherein the content of the first component is from 5 at% to 25 at% (Liu, page 2, “2. Experimental technique,” discloses Ge0.1As0.22Se0.68)100-xIx (x=5), germanium is 10% of the GeAsSe, which is 95% of the compound, so the content of the first component, Ge = 10 x .95 = 9.5%).
Regarding claim 3, Liu discloses:
The chalcogenide material of claim 1 wherein the content of the second component is from 20 at% to 35 at% (Liu, page 2, “2. Experimental technique,” discloses Ge0.1As0.22Se0.68)100-xIx (x=5), arsenic is 22% of the GeAsSe, which is 95% of the compound, so the content of the second compound, As = 22 x .95 = 20.9%).
Regarding claim 29, Liu discloses:
The chalcogenide material of claim 1, wherein the third component includes selenium (Se) (Liu, page 2, “2. Experimental technique,” discloses Ge0.1As0.22Se0.68)100-xIx (x=5), selenide is the third component).
Claims 1-4, 6-9, 11-14, 27, and 29-35 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Klersy et al., US 530630 A, hereafter Klersy.
Note, claims numbers may be out of order as dependent claims have been grouped with the claim from which they depend.
Regarding independent claim 1, Klersy discloses:
A chalcogenide material (Klersy, col. 6, lines 34-36 discloses the chalcogenide compound Te33.18Ge7.38S26.6As29.57Se1.3F3.27) comprising:
germanium (Ge) as a first component (Klersy, col. 6, lines 34-36 discloses the chalcogenide compound Te33.18Ge7.38S26.6As29.57Se1.3F3.27),
arsenic (As) as a second component (Klersy, col. 6, lines 34-36 discloses the chalcogenide compound Te33.18Ge7.38S26.6As29.57Se1.3F3.27),
at least one element selected from selenium (Se) and tellurium (Te) as a third component (Klersy, col. 6, lines 34-36 discloses the chalcogenide compound Te33.18Ge7.38S26.6As29.57Se1.3F3.27), and
a fourth component (Klersy, col. 6, lines 34-36 discloses the chalcogenide compound Te33.18Ge7.38S26.6As29.57Se1.3F3.27, where fluorine is the fourth component),
wherein a content of the first component is from 5 at% to 30 at% (Klersy, col. 6, lines 34-36 discloses the chalcogenide compound Te33.18Ge7.38S26.6As29.57Se1.3F3.27, where germanium is 7.38%),
a content of the second component is from 20 at% to 40 at% (Klersy, col. 6, lines 34-36 discloses the chalcogenide compound Te33.18Ge7.38S26.6As29.57Se1.3F3.27, where arsenic is 29.57%),
a content of the third component is from 25 at% to 75 at% (Klersy, col. 6, lines 34-36 discloses the chalcogenide compound Te33.18Ge7.38S26.6As29.57Se1.3F3.27, where the third component is tellurium (33.18%) and selenium (1.3%), making the third component 34.48%), and
a content of the fourth component is from 0.5 at% to 5 at% (Klersy, col. 6, lines 34-36 discloses the chalcogenide compound Te33.18Ge7.38S26.6As29.57Se1.3F3.27, where fluorine is the fourth component and is 3.27%),
wherein the chalcogenide material does not include silicon (Si) (Klersy, col. 6, lines 34-36 discloses the chalcogenide compound Te33.18Ge7.38S26.6As29.57Se1.3F3.27 does not include silicon), and
the fourth component comprises at least one element selected from beryllium (Be), fluorine (F), chlorine (Cl), iodine (I), and bromine (Br) (Klersy, col. 6, lines 34-36 discloses the chalcogenide compound Te33.18Ge7.38S26.6As29.57Se1.3F3.27 where the fourth compound is fluorine).
Regarding claim 2, Klersy discloses:
The chalcogenide material of claim 1 wherein the content of the first component is from 5 at% to 25 at% (Klersy, col. 6, lines 34-36 discloses the chalcogenide compound Te33.18Ge7.38S26.6As29.57Se1.3F3.27, where germanium is 7.38%).
Regarding claim 3, Klersy discloses:
The chalcogenide material of claim 1 wherein the content of the second component is from 20 at% to 35 at% (Klersy, col. 6, lines 34-36 discloses the chalcogenide compound Te33.18Ge7.38S26.6As29.57Se1.3F3.27, where arsenic is 29.57%).
Regarding claim 4, Klersy discloses:
The chalcogenide material of The chalcogenide material of wherein the content of the third component is from 25 at% to 60 at% (Klersy, col. 6, lines 34-36 discloses the chalcogenide compound Te33.18Ge7.38S26.6As29.57Se1.3F3.27, where the third component is tellurium (33.18%) and selenium (1.3%), making the third component 34.48%).
Regarding claim 29, Klersy discloses:
The chalcogenide material of claim 1, wherein the third component includes selenium (Se) (Klersy, col. 6, lines 34-36 discloses the chalcogenide compound Te33.18Ge7.38S26.6As29.57Se1.3F3.27, where the third component is tellurium (33.18%) and selenium (1.3%), making the third component 34.48%).
Regarding claim 30, Klersy discloses:
The chalcogenide material of claim 1, wherein the third component includes tellurium (Te) (Klersy, col. 6, lines 34-36 discloses the chalcogenide compound Te33.18Ge7.38S26.6As29.57Se1.3F3.27, where the third component is tellurium (33.18%) and selenium (1.3%), making the third component 34.48%).
Regarding independent claim 6, Klersy discloses:
A device (Klersy, Figure 1, a chalcogenide switching device) comprising:
a first electrode (Klersy, Figure 1, bottom electrode material 14);
a second electrode (Klersy, Figure 1, top metallic layer 22); and
a selector between the first electrode and the second electrode (Klersy, Figure 1, chalcogenide switching material 18 is a selector because it is used to select the state (on or off) of the switch), the selector electrically connected to the first electrode and the second electrode (Klersy, Figure 1, chalcogenide switching material 18 is connected to bottom electrode material 14 and top metallic layer 22, and col. 1, lines 14-39 explains the electrical operation of the switch),
the selector comprising a chalcogenide material including germanium (Ge) as a first component, arsenic (As) as a second component, at least one element selected from selenium (Se) and tellurium (Te) as a third component, and a fourth component (Klersy, col. 6, lines 34-36 discloses the chalcogenide compound Te33.18Ge7.38S26.6As29.57Se1.3F3.27, where the fourth component is fluorine), wherein
a content of the first component is from 5 at% to 30 at% (Klersy, col. 6, lines 34-36 discloses the chalcogenide compound Te33.18Ge7.38S26.6As29.57Se1.3F3.27, where germanium is 7.38%),
a content of the second component is from 20 at% to 40 at% (Klersy, col. 6, lines 34-36 discloses the chalcogenide compound Te33.18Ge7.38S26.6As29.57Se1.3F3.27, where arsenic is 29.57%),
a content of the third component is from 25 at% to 75 at% (Klersy, col. 6, lines 34-36 discloses the chalcogenide compound Te33.18Ge7.38S26.6As29.57Se1.3F3.27, where the third component is tellurium (33.18%) and selenium (1.3%), making the third component 34.48%), and
a content of the fourth component is from 0.5 at% to 5 at% (Klersy, col. 6, lines 34-36 discloses the chalcogenide compound Te33.18Ge7.38S26.6As29.57Se1.3F3.27, where fluorine is the fourth component and is 3.27%), wherein
the chalcogenide material does not include silicon (Si) (Klersy, col. 6, lines 34-36 discloses the chalcogenide compound Te33.18Ge7.38S26.6As29.57Se1.3F3.27, does not include silicon), and
the fourth component comprises at least one element selected from beryllium (Be), fluorine (F), chlorine (Cl), iodine (I), and bromine (Br) (Klersy, col. 6, lines 34-36 discloses the chalcogenide compound Te33.18Ge7.38S26.6As29.57Se1.3F3.27 where the fourth compound is fluorine).
Regarding claim 7, Klersy discloses:
The device of claim 6, wherein the content of the first component is from 5 at% to 25 at% (Klersy, col. 6, lines 34-36 discloses the chalcogenide compound Te33.18Ge7.38S26.6As29.57Se1.3F3.27, where germanium is 7.38%).
Regarding claim 8, Klersy discloses:
The device of claim 6, wherein the content of the second component is from 20 at% to 35 at% (Klersy, col. 6, lines 34-36 discloses the chalcogenide compound Te33.18Ge7.38S26.6As29.57Se1.3F3.27, where arsenic is 29.57%).
Regarding claim 9, Klersy discloses:
The device of claim 6, wherein the content of the third component is from 25 at% to 60 at% (Klersy, col. 6, lines 34-36 discloses the chalcogenide compound Te33.18Ge7.38S26.6As29.57Se1.3F3.27, where the third component is tellurium (33.18%) and selenium (1.3%), making the third component 34.48%).
Regarding claim 11, Klersy discloses:
The device of claim 6, wherein the chalcogenide material exhibits ovonic threshold switching properties (Klersy, Figure 1, chalcogenide switching material 18, and col. 1, lines 14-39 explains the electrical operation of the switch).
Regarding claim 12, Klersy discloses:
The device of claim 6, wherein an energy band gap of the chalcogenide material is greater than an energy band gap of an other chalcogenide material, and
the other chalcogenide material comprises the first component, the second component, and the third component without the fourth component (Energy bandgap is a material property, since the material of Klersy meets the claimed parameters of the material, the properties of Klersy must also meet the limitations on the bandgap, see MPEP 2112.01 I. Also MPEP 2112 I. states: "[T]he discovery of a previously unappreciated property of a prior art composition, or of a scientific explanation for the prior art’s functioning, does not render the old composition patentably new to the discoverer." Atlas Powder Co. v. IRECO Inc., 190 F.3d 1342, 1347, 51 USPQ2d 1943, 1947 (Fed. Cir. 1999)).
Regarding claim 13, Klersy fails to disclose:
The device of claim 6, wherein a threshold voltage Vth of the selector is higher than a threshold voltage Vth of an other selector, and
the other selector comprises an other chalcogenide material, and
the other chalcogenide material comprises the first component, the second component, and the third component without the fourth component. (Threshold voltage depends on the material parameters, since the material of Klersy meets the claimed parameters of the material, the properties of Klersy must also meet the limitations on the threshold voltage, see MPEP 2112.01 I. Also MPEP 2112 I. states: "[T]he discovery of a previously unappreciated property of a prior art composition, or of a scientific explanation for the prior art’s functioning, does not render the old composition patentably new to the discoverer." Atlas Powder Co. v. IRECO Inc., 190 F.3d 1342, 1347, 51 USPQ2d 1943, 1947 (Fed. Cir. 1999)).
Regarding claim 14, Klersy discloses:
The device of claim 6, wherein a leakage current of the selector is lower than a leakage current of an other selector,
the other selector comprises an other chalcogenide material, and the other chalcogenide material comprises the first component, the second component, and the third component without the fourth component (leakage current depends on the material parameters, since the material of Klersy meets the claimed parameters of the material, the properties of Klersy must also meet the limitations on the leakage current, see MPEP 2112.01 I. Also MPEP 2112 I. states: "[T]he discovery of a previously unappreciated property of a prior art composition, or of a scientific explanation for the prior art’s functioning, does not render the old composition patentably new to the discoverer." Atlas Powder Co. v. IRECO Inc., 190 F.3d 1342, 1347, 51 USPQ2d 1943, 1947 (Fed. Cir. 1999)).
Regarding independent claim 27, Klersy discloses:
A chalcogenide material comprising:
a GewAsxSeyTez-based material including a dopant (Klersy, col. 6, lines 34-36 discloses the chalcogenide compound Te33.18Ge7.38S26.6As29.57Se1.3F3.27 where fluorine is the dopant), wherein
germanium (Ge) as a first component (Klersy, col. 6, lines 34-36 discloses the chalcogenide compound Te33.18Ge7.38S26.6As29.57Se1.3F3.27);
arsenic (As) as a second component (Klersy, col. 6, lines 34-36 discloses the chalcogenide compound Te33.18Ge7.38S26.6As29.57Se1.3F3.27);
a third component including at least one of selenium (Se) and tellurium (Te) (Klersy, col. 6, lines 34-36 discloses the chalcogenide compound Te33.18Ge7.38S26.6As29.57Se1.3F3.27), and
the dopant includes at least one of beryllium (Be), fluorine (F), chlorine (Cl), iodine (I), and bromine (Br) (Klersy, col. 6, lines 34-36 discloses the chalcogenide compound Te33.18Ge7.38S26.6As29.57Se1.3F3.27 where fluorine is the dopant),
the chalcogenide material does not include silicon (Si) (Klersy, col. 6, lines 34-36 discloses the chalcogenide compound Te33.18Ge7.38S26.6As29.57Se1.3F3.27 does not include silicon),
w is from 5 to 25 (Klersy, col. 6, lines 34-36 discloses the chalcogenide compound Te33.18Ge7.38S26.6As29.57Se1.3F3.27 where w = 7.38),
x is from 20 to 35 (Klersy, col. 6, lines 34-36 discloses the chalcogenide compound Te33.18Ge7.38S26.6As29.57Se1.3F3.27 where x = 29.57),
25 ≤ y + z ≤ 60 (Klersy, col. 6, lines 34-36 discloses the chalcogenide compound Te33.18Ge7.38S26.6As29.57Se1.3F3.27 where y = 1.3 and z = 33.18),
0 ≤ y (Klersy, col. 6, lines 34-36 discloses the chalcogenide compound Te33.18Ge7.38S26.6As29.57Se1.3F3.27 where y = 1.3), and
0 < z (Klersy, col. 6, lines 34-36 discloses the chalcogenide compound Te33.18Ge7.38S26.6As29.57Se1.3F3.27 where z = 33.18).
Regarding claim 31, Klersy discloses:
The chalcogenide material of claim 27, wherein 0 < y (Klersy, col. 6, lines 34-36 discloses the chalcogenide compound Te33.18Ge7.38S26.6As29.57Se1.3F3.27 where y = 1.3).
Regarding claim 32, Klersy discloses:
The chalcogenide material of claim 27, wherein the chalcogenide material exhibits ovonic threshold switching properties (Klersy, col. 1, lines 14-39 explains the electrical operation of the switch).
Regarding claim 33, Klersy discloses:
The chalcogenide material of The chalcogenide material of claim 27
wherein the dopant comprises at least one element selected from beryllium (Be), fluorine (F), chlorine (Cl), and bromine (Br) (Klersy, col. 6, lines 34-36 discloses the chalcogenide compound Te33.18Ge7.38S26.6As29.57Se1.3F3.27 where fluorine is the dopant).
Regarding claim 34, Klersy discloses:
The chalcogenide material of claim 27, wherein the chalcogenide material does not include antimony (Sb) (Klersy, col. 6, lines 34-36 discloses the chalcogenide compound Te33.18Ge7.38S26.6As29.57Se1.3F3.27 does not include antimony).
Regarding claim 35, Klersy discloses:
A device (Klersy, Figure 1, a chalcogenide switching device) comprising:
a first electrode (Klersy, Figure 1, bottom electrode material 14);
a second electrode (Klersy, Figure 1, top metallic layer 22); and
a selector between the first electrode and the second electrode (Klersy, Figure 1, chalcogenide switching material 18 is a selector because it is used to select the state (on or off) of the switch), the selector electrically connected to the first electrode and the second electrode (Klersy, Figure 1, chalcogenide switching material 18 is connected to bottom electrode material 14 and top metallic layer 22, and col. 1, lines 14-39 explains the electrical operation of the switch),
the selector comprising the chalcogenide material of claim 27 (Figure 1, chalcogenide switching material 18, is a selector because it selects w if the switch is on or off, and col. 6, lines 34-36 discloses the chalcogenide compound Te33.18Ge7.38S26.6As29.57Se1.3F3.27 (which meets all of the limitations of claim 27 as detailed above) as a material for the switch).
Claim Rejections - 35 USC § 103
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 (i.e., changing from AIA to pre-AIA ) 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.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 15-18, 20-26, and 36-40 are rejected under 35 U.S.C. 103 as being unpatentable over Cheng et al., US 20220123209 A1, hereafter Cheng in view of Klersy et al., US 530630 A, hereafter Klersy.
Regarding independent claim 15, Cheng discloses the following limitations:
A memory device (Cheng, Figure 4) comprising:
a bit line first electrode (Cheng, Figure 4, column line 406);
a word line second electrode (Cheng, Figure 4, row line 401); and
a memory cell (Cheng, Figure 4, and [0049] discloses the memory cell is the pillar in Figure 4) electrically connected between the bit line first electrode and the word line second electrode at an intersection where the word line second electrode and the bit line first electrode cross each other (Cheng, Figure 4, and [0049] which discloses “memory cell which comprises a multi-layer pillar disposed in the crosspoint of a first access line (e.g. row line 401) and a second access line (e.g. column line 406)”),
the memory cell comprising a memory element (Cheng, Figure 4, memory element 405) and a selector (Cheng, Figure 4, OTS switching layer 403, and [0051] discloses that 403 is operable as a selector for the memory cell) electrically connected to the memory element, wherein the selector comprises a chalcogenide material including germanium (Ge) as a first component, arsenic (As) as a second component, at least one element selected from selenium (Se) and tellurium (Te) as a third component, and a fourth component (Cheng, Figure 4, [0051] discloses switching layer 403 as S doped AsSeGeSi), wherein
a content of the first component is from 5 at% to 30 at% (Cheng, [0008] discloses a composition of the switching layer containing germanium Ge in a range of 8 at % to 12 at %),
a content of the second component is from 20 at% to 40 at% (Cheng, [0008] discloses a composition of the switching layer containing arsenic As in a range of 25 at % to 33 at %),
a content of the third component is from 25 at% to 75 at% (Cheng, [0008] discloses a composition of the switching layer containing selenium Se in a range of 34 at % to 46 at %), and
a content of the fourth component is from 0.5 at% to 5 at% (Cheng, [0008] discloses a composition of the switching layer containing sulfur S in a range of 1 at % to 5 at %) wherein
Cheng fails to disclose the following limitations:
the chalcogenide material does not include silicon (Si), and
the fourth component comprises at least one element selected from beryllium (Be), fluorine (F), chlorine (Cl), iodine (I), and bromine (Br).
Klersy discloses the following imitations:
the chalcogenide material does not include silicon (Si) (Klersy, col. 6, lines 34-36 discloses the use of Te33.18Ge7.38S26.6As29.57Se1.3F3.27 in a ovonic switch, this material does not include silicon), and
the fourth component comprises at least one element selected from beryllium (Be), fluorine (F), chlorine (Cl), iodine (I), and bromine (Br) (Klersy, col. 6, lines 34-36 discloses the use of Te33.18Ge7.38S26.6As29.57Se1.3F3.27, where fluorine is the fourth component. The material of Klersy also meets the percentage limitations for the first, second, and third component as detailed in the 102 rejections above).
Cheng discloses a cross point memory device that includes everything claimed except it uses a different material in the ovonic threshold switch, sulfur doped AsSeGeSi, instead of a compound that does not include silicon and incudes one of beryllium (Be), fluorine (F), chlorine (Cl), iodine (I), and bromine (Br) instead of sulfur. Klersy discloses an ovonic threshold switch made of Te33.18Ge7.38S26.6As29.57Se1.3F3.27 for use in cross point switching arrays. It would have been obvious to one of ordinary skill in the art to substitute one known ovonic switch material (the sulfur doped AsSeGeSi) for another known equivalent ovonic switch material (Te33.18Ge7.38S26.6As29.57Se1.3F3.27) resulting in the predictable result of forming an ovonic threshold switch.
Regarding claim 16, the combination of Cheng and Klersy disclose:
The memory device of claim 15, wherein the content of the first component is from 5 at% to 25 at% (Klersy, col. 6, lines 34-36 discloses the chalcogenide compound Te33.18Ge7.38S26.6As29.57Se1.3F3.27, where germanium is 7.38%).
Regarding claim 17, the combination of Cheng and Klersy disclose:
The memory device of claim 15, wherein the content of the second component is from 20 at% to 35 at% (Klersy, col. 6, lines 34-36 discloses the chalcogenide compound Te33.18Ge7.38S26.6As29.57Se1.3F3.27, where arsenic is 29.57%) .
Regarding claim 18, the combination of Cheng and Klersy disclose:
The memory device of claim 15, wherein the content of the third component is from 25 at% to 60 at% (Klersy, col. 6, lines 34-36 discloses the chalcogenide compound Te33.18Ge7.38S26.6As29.57Se1.3F3.27, where the third component is tellurium (33.18%) and selenium (1.3%), making the third component 34.48%).
Regarding claim 20, the combination of Cheng and Klersy disclose:
The memory device of claim 15, wherein the chalcogenide material exhibits ovonic threshold switching properties (Klersy, Figure 1, chalcogenide switching material 18, and col. 1, lines 14-39 explains the electrical operation of the switch, and Cheng Figure 4, ovonic threshold switch OTS switching layer 403).
Regarding claim 21, the combination of Cheng and Klersy disclose:
The memory device of claim 15, wherein an energy band gap of the chalcogenide material is greater than an energy band gap than of an other chalcogenide material, and
the other chalcogenide material comprises the first component, the second component, and the third component without the fourth component (Energy bandgap is a material property, since the material of Klersy meets the claimed parameters the properties of Klersy must also meet the limitations on the bandgap, see MPEP 2112.01 I. Also MPEP 2112 I. states: "[T]he discovery of a previously unappreciated property of a prior art composition, or of a scientific explanation for the prior art’s functioning, does not render the old composition patentably new to the discoverer." Atlas Powder Co. v. IRECO Inc., 190 F.3d 1342, 1347, 51 USPQ2d 1943, 1947 (Fed. Cir. 1999)).
Regarding claim 22, the combination of Cheng and Klersy disclose:
The memory device of The memory device of
wherein a threshold voltage Vth of the selector is higher than a threshold voltage Vth of an other selector,
the other selector comprises an other chalcogenide material, and
the other selector comprises the first component, the second component, and the third component without the fourth component (Threshold voltage depends on the material parameters, since the material of Klersy meets the claimed parameters of the material, the properties of Klersy must also meet the limitations on the threshold voltage, see MPEP 2112.01 I. Also MPEP 2112 I. states: "[T]he discovery of a previously unappreciated property of a prior art composition, or of a scientific explanation for the prior art’s functioning, does not render the old composition patentably new to the discoverer." Atlas Powder Co. v. IRECO Inc., 190 F.3d 1342, 1347, 51 USPQ2d 1943, 1947 (Fed. Cir. 1999)).
Regarding claim 23, the combination of Cheng and Klersy disclose:
The memory device of The memory device of
wherein a leakage current of the selector is lower than a leakage current of an other selector, and
the other selector includes a chalcogenide material comprising the first component, the second component, and the third component without the fourth component (leakage current depends on the material parameters, since the material of Klersy meets the claimed parameters of the material, the properties of Klersy must also meet the limitations on the leakage current, see MPEP 2112.01 I. Also MPEP 2112 I. states: "[T]he discovery of a previously unappreciated property of a prior art composition, or of a scientific explanation for the prior art’s functioning, does not render the old composition patentably new to the discoverer." Atlas Powder Co. v. IRECO Inc., 190 F.3d 1342, 1347, 51 USPQ2d 1943, 1947 (Fed. Cir. 1999)).
Regarding claim 24, the combination of Cheng and Klersy disclose:
The memory device of claim 15, a third electrode (Cheng, Figure 5B, electrode layer 515, and [0059] which discloses 5B as alternative stacks suitable for the cross-point array) between the memory element (Cheng, Figure 5B, phase change memory PCM material layer 516) and the selector (Figure 5B, S-doped OTS material layer 513, and [0025] disclosing the OTS layer as a selector).
Regarding claim 25, the combination of Cheng and Klersy disclose:
The memory device of claim 15, wherein the memory cell comprises a non-volatile memory element (Cheng, Figure 5B, phase change memory PCM material layer 516, and [0002] discloses that phase change memory is a nonvolatile memory).
Regarding claim 26, the combination of Cheng and Klersy disclose:
The memory device of claim 15, wherein the memory device comprises a phase-change random access memory (PRAM), a resistive RAM (RRAM), or a magnetic RAM (MRAM) (Cheng, [0058] discloses the memory as phase change memory, and [0069] discloses addresses to the row and column, random access).
Regarding claim 36, the combination of Cheng discloses:
A memory device (Cheng, Figure 4) comprising:
a first electrode (Cheng, Figure 4, column line 406);
a second electrode (Cheng, Figure 4, row line 401); and
a memory cell (Cheng, Figure 4, and [0049] discloses the memory cell is the pillar in Figure 4) electrically connected between the first electrode and the second electrode at an intersection where the second electrode and the first electrode cross each other (Cheng, Figure 4, and [0049] which discloses “memory cell which comprises a multi-layer pillar disposed in the crosspoint of a first access line (e.g. row line 401) and a second access line (e.g. column line 406)”),
the memory cell comprising a memory element (Cheng, Figure 4, memory element 405) and a selector (Cheng, Figure 4, OTS switching layer 403, and [0051] discloses that 403 is operable as a selector for the memory cell) electrically connected to the memory element, wherein
Cheng fails to disclose:
the selector comprises the chalcogenide material of claim 27.
Klersy discloses:
the selector comprises the chalcogenide material of claim 27 (Klersy, col. 6, lines 34-36 discloses the use of Te33.18Ge7.38S26.6As29.57Se1.3F3.27 in a ovonic switch, this material does not include silicon and meets the limitations of claim 27 as detailed above).
Cheng discloses a cross point memory device that includes everything claimed except it uses a different material in the ovonic threshold switch, sulfur doped AsSeGeSi, instead of a compound that does not include silicon and incudes one of beryllium (Be), fluorine (F), chlorine (Cl), iodine (I), and bromine (Br) instead of sulfur. Klersy discloses an ovonic threshold switch made of Te33.18Ge7.38S26.6As29.57Se1.3F3.27 for use in cross point switching arrays. It would have been obvious to one of ordinary skill in the art to substitute one known ovonic switch material (the sulfur doped AsSeGeSi) for another known equivalent ovonic switch material (Te33.18Ge7.38S26.6As29.57Se1.3F3.27) resulting in the predictable result of forming an ovonic threshold switch.
Regarding claim 37, Klersy discloses:
The memory device of claim 36, wherein the dopant is configured to lower a leakage current of the memory cell compared to an other memory cell containing the GeAsxSeyTez-based material without the dopant (leakage current depends on the material parameters, since the material of Klersy meets the claimed parameters of the material, the properties of Klersy must also meet the limitations on the leakage current, see MPEP 2112.01 I. Also MPEP 2112 I. states: "[T]he discovery of a previously unappreciated property of a prior art composition, or of a scientific explanation for the prior art’s functioning, does not render the old composition patentably new to the discoverer." Atlas Powder Co. v. IRECO Inc., 190 F.3d 1342, 1347, 51 USPQ2d 1943, 1947 (Fed. Cir. 1999)).
Regarding claim 38, Klersy discloses:
The memory device of claim 36, wherein
the dopant is configured to increase a threshold voltage of the memory cell compared to an other memory cell containing the GewAsxSeyTez-based material without the dopant (Threshold voltage depends on the material parameters, since the material of Klersy meets the claimed parameters of the material, the properties of Klersy must also meet the limitations on the threshold voltage, see MPEP 2112.01 I. Also MPEP 2112 I. states: "[T]he discovery of a previously unappreciated property of a prior art composition, or of a scientific explanation for the prior art’s functioning, does not render the old composition patentably new to the discoverer." Atlas Powder Co. v. IRECO Inc., 190 F.3d 1342, 1347, 51 USPQ2d 1943, 1947 (Fed. Cir. 1999)).
Regarding claim 39, the combination of Cheng and Klersy disclose:
The memory device of claim 36, wherein the memory element includes a phase change material (Cheng Figure 4, and [0053] memory element 405 is discloses the use of a chalcogenide compound as a phase change material such as GST, Ge2Sb2Te5, a chalcogenide).
Regarding claim 40, the combination of Cheng and Klersy disclose:
The memory device of claim 39, wherein the phase change material is at least one of a transition metal oxide or a chalcogenide material (Cheng, Figure 4, and [0053] memory element 405, a chalcogenide, is disclosed as a phase change material such as GST, Ge2Sb2Te5, a chalcogenide).
Allowable Subject Matter
Claim 41-44 are 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 and removing “and sulfur (S)” from these claims to overcome the 35 U.S.C. 112(d) rejection.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Inagawa, JP H01234343 A - discloses a compound of 5-10% Ge, 35-45% As, 35-45% Te and 5-10% I.
Fratin et al., US 20210005664 A1, discloses the chalcogenide glass including additional elements such as chlorine (Cl), or fluorine (F).
Wu, US 20250365984 A1, discloses a ovonic threshold switch made of STeAsGeSe.
Dodge, US 7518904 B2, discloses a ovonic threshold switch formed of TeAsGeSSe having respective atomic percents of 16/13/15/1/55.
Buckley, US 3877049 Discloses Ge5-60Te30-95As0-40S0-10 compounds (col. 8, 61-col. 9, line 7).
P. Klaska et al., “'High Tg' germanium-tellurium-halide glasses’” Journal of Non-Crystalline Solids 161 (1993) pp 291-300, teaches Ge15Te35As35Se10l5 Ge11Te19As41Se19I10 Ge15Te40As35Se5I5 compounds.
A.B. Seddon, "Chalcohalides: glass-forming systems and progress in application of percolation theory," Journal of Non-Crystalline Solids Volumes 213–214, 12 May 1997, Pages 22-29, discloses many different chalcohalide glass systems.
J.S. Sanghera et al., “Measurement of bulk absorption coefficients of chalcogenide and chalcohalide glasses at 10.6 µm using CO2 laser calorimetry,” Journal of Non-Crystalline Solids 161 (1993) pp 320-322, discloses Ge30As10Se30Te(30_x)Ix (x = 0, 5, 10, 20 and 30 at.%) compounds.
J. Lucas et al., “The tellurium halide glasses,” Journal of Non-Crystalline Solids 125 (1990) pp 1-16, discloses terrarium halide glasses containing Cl, Br and I.
J. Xu et al., “The effects of Te, I atoms on the properties and structure of Ge-As-Se system glasses” Journal of Non-Crystalline Solids 184 (1995) pp 302-308, discloses (Ge5As38Se57)100-xIx, x = 0, 5, 10, 15, 20 and 30 mol%, (Ge15As20Se25Te40) 100-xIx, x = 0, 5, 10, 15, 20 and 25 mol%, (Ge20As20Se20Te40) 100-xIx, x = 0, 5, 10, 15, 20 and 25 mol%, (Ge20As20Se30Te30) 100-xIx, x = 0, 5, 10, 15, 20 and 25 mol%, and Ge30As15Se25Te30-xIx, x = 0, 5, 10, 15, 20 and 25 mol% compounds.
M Doumeng et al., “Etudes Physico-Chimiques d’une Serie de Verres Chalcogenures Te60As25Ge13Mx (M = S ou Se),” Mat. Res. Bull. Vol. 8, pp. 635-646, 1973, discloses Te60As25Ge13Mx (M = S or Se (0 ≦ x ≦ 6) compounds.
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/LINDA J. FLECK/ Examiner, Art Unit 2812
/William B Partridge/ Supervisory Patent Examiner, Art Unit 2812