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 .
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.
Claim(s) 37 & 39 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Inoue (JP 2001139313 A).
Regarding claim 37, Inoue et al discloses a method of manufacturing comprising: a first film (upper electrode)forming step of DC sputtering a metal (IrO2) (pp. 8 lines 29-39)after RF sputtering of an oxide to form an oxide layer having a pyrochlore structure(metastable phase oxide )(pp. 8 lines 23-24; see also pp. 6 [0015]).
The recitation “a spin-orbit torque wiring” is not limiting because the body of the claim describes a complete invention and the language recited solely in the preamble does not provide any distinct definition of any of the claimed invention' s limitations. Thus, the preamble of the claim(s) is not considered a limitation and is of no significance to claim construction. See Pitney Bowes, Inc. v. Hewlett-Packard Co., 182 F.3d 1298, 1305, 51 USPQ2d 1161, 1165 (Fed. Cir. 1999). See MPEP § 2111.02.
Regarding claim 39, Inoue et al discloses wherein the first film(upper electrode forming step is performed in an oxygen atmosphere(pp. 8 lines 29-39).
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) 38 is/are rejected under 35 U.S.C. 103 as being unpatentable over Inoue (JP 2001139313 A) in view of Evans US Pub no 2019/0106805 A1)
Regarding claim 38, Inoue et al discloses all the claim 37 and further teaches wherein the oxide is R2O3 where R is lanthanum(La) (pp. 8 lines 23-24; see also pp. 6 [0015]) and wherein the metal is Ir(pp. 8 lines 29-39). but fails to teach (R is at least one element selected from the group consisting of Pr, Nd, Sm, Eu, Gd, Tb, Dy, and Ho).
However, Evans et al teaches pyrochlore lanthanides (rare earth elements ) including Pr, Nd, and Tb[0026][0034][0023]. Since rare earth elements ( Pr, Nd, and Tb )are one of finite solutions to provide A-site cations that contribute to the formation of perovskite and pyrochlore structures as taught by Evans et al [0023][0026] , it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to try in Inoue et al since a person of ordinary skill has good reason to pursue the known options within his or her technical grasp. If this leads to the anticipated success, it is likely the product not of innovation but of ordinary skill and common sense (KSR International Co. v. Teleflex Inc., 82 USPQ2d 1385 (U.S. 2007))
Response to Arguments
Applicant's arguments filed 02/23/2026 have been fully considered but they are not persuasive. Applicant indicates that the new claims 37-39 are identical in scope to original claims 18-20 which were allowed in the October 21, 2024 Final Office Action.
Examiner notes that the notice of allowability dated October 21,2024 was formally withdrawn in the Non-Final Office Action dated February 21, 2025. The rejection of claims 18-20 (identical to newly added claims 37-39) under 35U.S.C. 102(a)(1)/103 as set forth in the February 21, 2025 office action is maintained.
THIS ACTION IS MADE FINAL. 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LATANYA N CRAWFORD EASON whose telephone number is (571)270-3208. The examiner can normally be reached Monday-Friday 8:30 AM-4:30 PM.
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/LATANYA N CRAWFORD EASON/Primary Examiner, Art Unit 2813
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