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 .
Attorney Docket number: 8947-001764-US
Filling Date: 06/01/2022
Priority Date: 03/21/22
Inventor: Kim et al
Examiner: Bilkis Jahan
DETAILED ACTION
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.
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 2/3/26 has been entered.
Claim Rejections - 35 USC § 103
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 1 is rejected under 35 U.S.C. 103 as being unpatentable over
Worledge (US 2017/0098762 A1) in view of Zhang et al (US 2022/0238147 A1).
Regarding claim 1, Worledge disclose a magnetic tunnel junction structure (Fig. 1), comprising: a first spacer layer 15 (Para. 32); a first magnetic layer 20 (Para. 25) on the first spacer layer 15; a second spacer layer 25 (Paras. 19, 32) on the first magnetic layer 20; and a metal layer 5 (Para. 32) in direct contact with a lower surface of the first spacer layer 15, wherein the first spacer layer 15 and the second spacer layer 25 comprise a same material (Para. 19, MgO), a thickness of the first spacer layer 15 ranges from 1 nm to 3.5 nm (Para. 32), the thickness of the first spacer layer 15 (Para. 32) and a thickness of the first magnetic layer 20 (Para. 25); wherein the metal layer is platinum (Pt) 5 (Para. 32), and wherein the first spacer layer 15 is magnesium oxide (MgO) (Para. 19); thickness of the first spacer layer 15 (Para. 32, 10 A° =1 nm, consider 5 A° which is 0.5 nm) and a thickness of the first magnetic layer 20 (Para. 25, 10A° =1 nm, consider 5 A° which is 0.5 nm); wherein the metal layer is platinum (Pt) 5 (Para. 32), and wherein the first spacer layer 15 is magnesium oxide (MgO) (Para. 19).
Worledge does not explicitly disclose a thickness of the metal layer.
However, Zhang discloses the metal layer thickness is 10 nm (Fig. 3, element 60, Para. 67).
Therefore, metal layer has 10 nm thickness in Zhang reference and Worledge discloses the thicknesses of the first spacer layer and the first magnetic layer (0.5 nm each, Paras. 25, 32). Therefore, it would have been obvious to one of the ordinary skill of the art before the effective filling date of the claimed invention to obtain a thickness of the metal layer is larger than the thickness of the first spacer layer and a thickness of the first magnetic layer for intended purposes.
According to MPEP section 2144.05 [R-5], “thicknesses can be disclosed in multiple prior art references instead of in a single prior art reference depending on the specific facts of the case. Iron Grip Barbell Co., Inc. v. USA Sports, Inc., 392 F.3d 1317, 1322, 73 USPQ2d 1225, 1228 (Fed. Cir. 2004).”
It would have been obvious to one having ordinary skill in the art at the time the invention was made to combine the teaching of Zhang with the teaching of Worledge to form a thickness of the metal layer is larger than the thickness of the first spacer layer and a thickness of the first magnetic layer.
Also, although Worledge fails to specify the claimed a thickness of the metal layer is larger than the thickness of the first spacer layer and a thickness of the first magnetic layer, differences in this thickness will not support the patentability of subject matter encompassed by the prior art. "Where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the workable ranges by routine experimentation". In re Aller, 220 F.2d 454,456,105 USPQ 233, 235 (CCPA 1955). Since similar layer with similar thickness is in common use in the art (see, e.g., Zhang: Fig. 3, element 60, Para. 67), it would have been obvious to one of ordinary skill in the art to use this value in the device of Worledge.
Claim(s) 1-5, 8 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over
Yamane et al (US 2013/0140658 A1) in view of Dieny et al (US 2016/0155485 A1) and Worledge (US 2017/0098762 A1).
Regarding claim 1, Yamane discloses a magnetic tunnel junction structure (Figures 6, 7A), comprising: a first spacer layer 16 (Para. 133); a first magnetic layer 17 (Para. 57) on the first spacer layer 16; and a second spacer layer 18 (Para. 137) on the first magnetic layer 17, wherein the first spacer layer 16 and the second spacer layer 18 comprise a same material (MgO), and a thickness of the first spacer layer ranges from 1 nm to 3.5 nm (0.9 nm rounds to 1 nm).
Yamane does not explicitly disclose a metal layer in direct contact with a lower surface of the first spacer layer, and a thickness of the metal layer is larger than the thickness of the first spacer layer and a thickness of the first magnetic layer.
However, Dieny discloses a metal layer 306, 305 (Fig. 19, Paras. 150-151) in direct contact with a lower surface of the first spacer layer 304 (Paras. 144-147, 130, 36-37, MgO, 3 nm), and a thickness of the metal layer 305, 306 (306 is several nm, Para. 151) is larger than the thickness of the first spacer layer 304 and a thickness of the first magnetic layer 411 (Fig. 19, Para. 153, 2 nm).
Dieny teaches the above modification is used to obtain spin polarization of the device (Para. 150). It would have been obvious to one of the ordinary skill of the art before the effective filling date of the claimed invention to combine Yamane structure with Dieny metal layer as suggested above to obtain spin polarization of the device (Para. 150).
Yamane does not explicitly disclose the metal layer is platinum (Pt), and wherein the first spacer layer is magnesium oxide (MgO).
However, Worledge discloses the metal layer is platinum (Pt) 5 (Fig. 1, Para. 32), and wherein the first spacer layer is magnesium oxide (MgO) 15 (Paras. 19, 32).
Worledge teaches the above modification is used to obtain anti-parallel magnetization of the device (Abstract). It would have been obvious to one of the ordinary skill of the art before the effective filling date of the claimed invention to substitute Yamane in view of Dieny metal layer and first spacer layer with worledge metal layer and first spacer layer as suggested above to obtain anti-parallel magnetization of the device (Abstract).
Regarding claim 2, Yamane discloses the magnetic tunnel junction structure of claim 1, wherein the first spacer layer 16 and the second spacer layer 18 comprise an oxide material or a nitride material, and the oxide material or the nitride material contains at least one of magnesium (Mg) (MgO), aluminum (Al), silicon (Si), titanium (Ti), zinc (Zn), and boron (B).
Regarding claim 3, Yamane discloses the magnetic tunnel junction structure of claim 1, wherein the first spacer layer 16 and the second spacer layer 18 comprise one element selected from 3d transition metals, 4d transition metals, and 5d transition metals (same material as instant application, TiO2/SrTiO2 is a transition material, Paras. 133, 137).
Regarding claim 4, Yamane further discloses the magnetic tunnel junction structure of claim 1, wherein the thickness of the first spacer layer 16 (0.9 nm) is larger than a thickness of the second spacer layer 18 (0.8 nm).
Regarding claim 5, Yamane discloses the magnetic tunnel junction structure of claim 1, wherein a thickness of the first magnetic layer 17 (2.0 nm) is larger than a thickness of the second spacer layer 18 (0.8 nm, MgO).
Regarding claim 8, Yamane further discloses the magnetic tunnel junction structure of claim 1, further comprising: a capping layer 18 (Fig. 7A, top layer Ta, 3 nm) on the second spacer layer 18 (MgO, bottom layer).
Regarding claim 9, Yamane further discloses the magnetic tunnel junction structure of claim 8, wherein the capping layer 18 (Fig. 7A, top layer Ta, 3 nm) comprises a heavy metal material whose atomic number is greater than or equal to 30 (Ta material atomic number 73).
Regarding claim 21, Dieny further discloses the magnetic tunnel junction structure of claim 1, wherein the metal layer comprises at least one of tantalum (Ta), platinum (Pt), bismuth (Bi), titanium (Ti), or tungsten (W) 305, 306 (Paras. 150, 151).
Claim 22 is rejected under 35 U.S.C. 103 as being unpatentable over
Yamane et al (US 2013/0140658 A1) in view of Dieny et al (US 2016/0155485 A1), Worledge (US 2017/0098762 A1) and further in view of Le et al (US 2020/0185596 A1).
Regarding claim 22, Dieny further discloses the magnetic tunnel junction structure of claim 1, further comprising: wherein the first magnetic layer 411, the first spacer layer 304, and the metal layer 305, 306 are sequentially stacked on each other with the first spacer 304 layer between the first magnetic layer 411 and the metal layer 305, 306.
Yamane does not explicitly disclose a polarization enhancement layer on an upper surface of the second spacer layer.
However, Le discloses a polarization enhancement layer 366 (Fig. 2, Para. 34) on an upper surface of the second spacer layer 364 (Para. 39). Le teaches the above modification is used to improve switching of the device (Para. 68). It would have been obvious to one of the ordinary skill of the art before the effective filling date of the claimed invention to combine Yamane structure with Le polarization enhancement layer as suggested above to improve switching of the device (Para. 68).
Claim(s) 6 and 7 are rejected under 35 U.S.C. 103 as being unpatentable over Yamane et al (US 2013/0140658 A1) in view of Dieny et al (US 2016/0155485 A1), Worledge (US 2017/0098762 A1) and further in view of Yamane et al (US 2013/0163315 A1, Yamane1 hereinafter).
Regarding claim 6, Yamane does not explicitly disclose the magnetic tunnel junction structure of claim 1, further comprising: a second magnetic layer on the second spacer layer, wherein the first magnetic layer is configured such that a magnetization direction thereof is changed by a current flow, and the second magnetic layer is configured such that a magnetization direction thereof is fixed regardless of a current flow.
However, Yamane1 discloses a second magnetic layer 15U (Fig. 3B, Para. 159) on the second spacer layer 16U (Para. 158), wherein the first magnetic layer 17 (Para. 141) is configured such that a magnetization direction thereof is changed by a current flow , and the second magnetic layer 15U is configured such that a magnetization direction thereof is fixed regardless of a current flow (functional).
Yamane1 teaches the above modification is used to improve spin transfer of the device (Para. 12). It would have been obvious to one of the ordinary skill of the art before the effective filling date of the claimed invention to combine Yamane structure with Yamane1 second magnetic layer as suggested above to improve spin transfer of the device (Para. 12).
Regarding claim 7, Yamane1 discloses the magnetic tunnel junction structure of claim 6, wherein the first magnetic layer 17 and the second magnetic layer 15U comprise a first material and a second material, the first material 17 (Para. 150) includes at least one of cobalt (Co) (Paras. 149, 150), iron (Fe), and nickel (Ni), and the second material 15U includes at least one of boron (B), zinc (Zn), aluminum (Al), titanium (Ti), ruthenium (Ru) (Para. 135), tantalum (Ta), silicon (Si), silver (Ag), gold (Au), copper (Cu), carbon (C), and nitrogen (N).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-8 and 21-22 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
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BILKIS . JAHAN
Primary Examiner
Art Unit 2817
/BILKIS JAHAN/Primary Examiner, Art Unit 2817