Prosecution Insights
Last updated: April 19, 2026
Application No. 17/670,049

MAGNETORESISTIVE DEVICES AND METHODS THEREFOR

Final Rejection §102
Filed
Feb 11, 2022
Examiner
MENZ, DOUGLAS M
Art Unit
2897
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Everspin Technologies Inc.
OA Round
2 (Final)
88%
Grant Probability
Favorable
3-4
OA Rounds
2y 3m
To Grant
93%
With Interview

Examiner Intelligence

Grants 88% — above average
88%
Career Allow Rate
670 granted / 760 resolved
+20.2% vs TC avg
Minimal +5% lift
Without
With
+4.6%
Interview Lift
resolved cases with interview
Typical timeline
2y 3m
Avg Prosecution
30 currently pending
Career history
790
Total Applications
across all art units

Statute-Specific Performance

§101
1.8%
-38.2% vs TC avg
§103
36.0%
-4.0% vs TC avg
§102
53.2%
+13.2% vs TC avg
§112
2.3%
-37.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 760 resolved cases

Office Action

§102
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 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 1-9 and 21-31 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Honjo et al. (US 2020/0044142). Regarding claim 1, Honjo discloses a magnetoresistive stack comprising: a fixed region having a fixed magnetic state (B1, fig. 9 and paragraph 0269); a free region configured to have a first magnetic state and a second magnetic state (A1, fig. 9 and paragraph 0281), and comprising: a layer of ferromagnetic material (2, fig. 9 and paragraphs 0042); a low saturation magnetization layer (3, fig. 9 and paragraphs 0040, 192); and an interfacial perpendicular magnetic anisotropy (iPMA) layer comprising a metal, a metal oxide, or both (7, fig. 9 and paragraph 0042); and a dielectric layer disposed between the fixed region and the free region (1, fig. 9 and paragraph 0200), wherein a magnetic field is provided to the layers of the free region to set a preferred magnetic axis of the free region (paragraphs 0029-0039). Regarding claim 2, Honjo further discloses wherein the low saturation magnetization layer comprises: an alloy including nickel, iron, and boron; an alloy including cobalt, iron, boron, and tantalum; an alloy including cobalt, iron, boron, and zirconium; an alloy including cobalt, iron, boron, and chromium; an alloy including iron and vanadium; and/or an alloy including gadolinium, iron, and cobalt (layer 3, paragraphs 0193-0195). Regarding claim 3, Honjo further discloses wherein the low saturation magnetization layer comprises: an alloy having the formula (Ni1oo-xFex)100-yBy, where x is greater than or equal to approximately 50 and less than or equal to approximately 95, and y is greater than or equal to approximately 5 and less than or equal to approximately 30; an alloy having the formula (CoFe)100-x-yMxBy, where x is greater than or equal to approximately 10 and less than or equal to approximately 25, y is greater than or equal to approximately 15 and less than or equal to approximately 25, and M is tantalum, zirconium, chromium, or vanadium; and/or an alloy having the formula Fe1o0-xVx, where x is greater than or equal to approximately 10 and less than or equal to approximately 30 (paragraphs 0202, 212, 227, 241, 252, 264, etc). Regarding claim 4, Honjo further discloses wherein the iPMA layer (7, fig. 9) is disposed between the layer of ferromagnetic material (2, fig. 9) and the low saturation magnetization layer (3, fig. 9). Regarding claim 5, Honjo further discloses wherein the layer of ferromagnetic material is a first ferromagnetic layer, and the free region further comprises a second ferromagnetic layer (4, fig. 9). Regarding claim 6, Honjo further discloses wherein the free region further comprises an insertion layer comprising molybdenum, tungsten, tantalum, ruthenium, rhodium, rhenium, iridium, chromium, osmium, or a combination thereof (8, fig. 9 and paragraphs 0042, 0185). Regarding claim 7, Honjo further discloses wherein the fixed region is a first fixed region, and the magnetoresistive stack further comprising a spacer region including a second fixed region (B2, figs. 11-15). Regarding claim 8, Honjo further discloses a cap layer disposed between the free region and the spacer region, wherein the cap layer comprises magnesium oxide, aluminum oxide, or a combination thereof (5, figs. 11-15 and paragraph 0227). Regarding claim 9, Honjo further discloses wherein iPMA layer is a first iPMA layer (7, fig. 9) and the free region (A1, fig. 9) further comprises a second iPMA layer (8, fig. 9). Regarding claim 21, Honjo discloses a magnetoresistive stack comprising: a fixed region having a fixed magnetic state (B1, fig. 9 and paragraph 0269); a free region configured to have a first magnetic state and a second magnetic state (A1, fig. 9 and paragraph 0281), and comprising: a layer of ferromagnetic material (2, fig. 9 and paragraphs 0042); a low saturation magnetization layer (3, fig. 9 and paragraphs 0040, 192); and a first interfacial perpendicular magnetic anisotropy (iPMA) layer (7, fig. 9 and paragraph 0042); and a second iPMA layer separate from the first iPMA layer (8, fig. 9 and paragraph 0042); and a dielectric layer disposed between the fixed region and the free region (1, fig. 9 and paragraph 0200). Regarding claim 22, Honjo further discloses wherein the first iPMA layer comprises magnesium oxide, aluminum oxide, platinum, nickel, or a combination thereof (paragraphs 0042, 0184-0185, 208, 247). Regarding claim 23, Honjo further discloses wherein the second iPMA layer comprises magnesium oxide, aluminum oxide, platinum, nickel, or a combination thereof (paragraphs 0042, 0184-0185, 208, 247). Regarding claim 24, Honjo further discloses wherein the first iPMA layer (7, fig. 9 and paragraph 0042) is disposed between the layer of ferromagnetic material (2, fig. 9 and paragraphs 0042) and the low saturation magnetization layer (3, fig. 9 and paragraphs 0040, 192). Regarding claim 25, Honjo further discloses wherein the second iPMA layer (8, fig. 9) is spaced apart from the first iPMA layer (7, fig. 9) by the layer of ferromagnetic material or the low saturation magnetization layer (3, fig. 9). Regarding 26, Honjo further discloses wherein the free region has a preferred magnetization axis (A1, region, fig. 9, as indicated by the arrows, the preferred magnetization axis is perpendicular to the insertion layers 7, 8). Regarding claim 27, Honjo further discloses wherein the free region has a set magnetization axis induced by the first iPMA layer and the second iPMA layer (fig.9 and paragraphs 0029-0039). Regarding claim 28, Honjo discloses a magnetoresistive stack comprising: a fixed region having a fixed magnetic state (B1, fig. 9 and paragraph 0269); a free region configured to have a variable magnetic state (A1, fig. 9 and paragraph 0281), the free region comprising: a layer of ferromagnetic material (2, fig. 9 and paragraphs 0042); a low saturation magnetization layer (3, fig. 9 and paragraphs 0040, 192); and an interfacial perpendicular magnetic anisotropy (iPMA) layer configured to induce a preferred magnetization axis of the free region (7, fig. 9 and paragraph 0042); and a dielectric layer disposed between the fixed region and the free region (1, fig. 9 and paragraph 0200). Regarding claim 29, Honjo further discloses wherein the iPMA layer comprises magnesium oxide, aluminum oxide, platinum, nickel, or a combination thereof (paragraphs 0042, 0184-0185, 208, 247). Regarding claim 30, Honjo further discloses wherein the iPMA layer (7, fig. 9) is disposed between the layer of ferromagnetic material (2, fig. 9) and the low saturation magnetization layer (3, fig. 9). Regarding claim 31, Honjo further discloses a cap layer (5, fig. 9) disposed between the free region and a spacer region, wherein the cap layer comprises magnesium oxide, aluminum oxide, or a combination thereof (paragraph 0227). Response to Arguments Applicant's arguments filed 1/12/26 have been fully considered but they are not persuasive. Applicant agrees that Hondo discusses interfacial perpendicular magnetic anisotropy and argues that the non-magnetic insertion layer (7) of Honjo is non-magnetic, in contrast to the claimed iPMA layer. However, Applicant does not explicitly claim that the iPMA layer is magnetic. Applicant’s specification does not even state that the iPMA layer is magnetic. In fact, Applicant explicitly discloses in paragraph 0085 of the Specification that the iPMA layer comprises a metal or a metal oxide such as magnesium oxide, aluminum oxide, platinum or nickel, of which only nickel is considered to be magnetic. Conclusion 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. Any inquiry concerning this communication or earlier communications from the examiner should be directed to DOUGLAS M MENZ whose telephone number is (571)272-1877. The examiner can normally be reached Monday-Friday 8:00am-5:00pm. 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, Jacob Choi can be reached at 469-295-9060. 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. /DOUGLAS M MENZ/Primary Examiner, Art Unit 2897 3/7/26
Read full office action

Prosecution Timeline

Feb 11, 2022
Application Filed
Jul 18, 2025
Response after Non-Final Action
Oct 27, 2025
Request for Continued Examination
Nov 04, 2025
Response after Non-Final Action
Nov 08, 2025
Non-Final Rejection — §102
Dec 09, 2025
Examiner Interview Summary
Dec 09, 2025
Applicant Interview (Telephonic)
Jan 12, 2026
Response Filed
Mar 07, 2026
Final Rejection — §102 (current)

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Prosecution Projections

3-4
Expected OA Rounds
88%
Grant Probability
93%
With Interview (+4.6%)
2y 3m
Median Time to Grant
Moderate
PTA Risk
Based on 760 resolved cases by this examiner. Grant probability derived from career allow rate.

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