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 .
Status of Claims
Acknowledgement is made of the amendment received 11/28/25 cancelling claims 13-25 and adding new claims 26-37. Claims 1-12 and 26-37 are pending in this application.
Election/Restrictions
Applicant’s election without traverse of Group I (Claims 1-12 and 26-37) in the reply filed on 11/28/25 is acknowledged. Cancelled claims 13-25 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to nonelected inventions, there being no allowable generic or linking claim. Claims 1-12 and 26-37 are examined in this Office action.
Information Disclosure Statement
An information disclosure statement has not been received. If the applicant is aware of any prior art or any other co-pending applications not already of record, he/she is reminded of his/her duty under 37 CFR 1.56 to disclose the same.
Drawings
Replacement drawings were received on 11/28/25. These drawings are acceptable. There are no objections or rejections to the drawings.
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant's cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
Claims 5 and 27-28 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention.
Claims 5 and 28 recites the limitation “wherein the second layer is positioned adjacent to the surface of the first layer”. It is unclear what is meant by the surface of the first layer. The first layer has more than one surface and at least two portions. It is impossible to determine which surface is indicated by “the surface” The limitation does not have well defined boundaries. One of ordinary skill in the relevant art would not know what structures/steps are covered by the limitation. For these reasons, the claim is indefinite.
Claim 27 recites the limitation “wherein the third portion of the first layer is common to the first portion of the first layer and the second portion of the first layer”. It is unclear what is meant by the first portion of the first layer and the second portion of the first layer. Claim 27 depends on claim 26, however claim 26 does not include a first portion of the first layer. Claim 26 does not include a second portion of the first layer. Claim 26 does includes a a first portion of the longitudinal portion of the first layer and a second portion of the longitudinal portion of the first layer. One of ordinary skill in the relevant art would not know what structures/steps are covered by the limitation. For these reasons, the claim is indefinite.
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 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 pre-AIA 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.
Claims 1, 4-5, 10, 26-28, 30 and 34 are rejected under pre-AIA 35 U.S.C. 102(a)(1) as being anticipated by Yim et al. (US Patent Application Publication No 2022/0399498) hereinafter referred to as Yim.
Per Claim 1 Yim discloses an apparatus, comprising (see [0148-0149] and figs 1A - 2B)
a first layer (113) comprising a first portion extending along a first axis and a second portion extending along a second axis (see figure 1), the first axis substantially orthogonal to the second axis (as in figure 1B), the first layer comprising: tin and sulfur; tin and selenium; tin and tellurium; germanium and sulfur; germanium and tellurium; or germanium and selenium; ((113) may comprise GeTe, SnTe, GeSe, SnSe, AsTeGeSiSbS, AsTeGeSiInP, AsTeGeSi, AsTeGeSiSeNS, AsTeGeSiP, AsGeSe, AsTeGeSe, GeTSe, , GeTeSe, GeSiCSe, , GeSiTePb GeAsBiTe, GeAsBiSe, see [0023])
a ferromagnet; (117), see [0024]
a second layer (115) located on a surface of the first layer at a first end portion of the first portion of the first layer, the second layer positioned between the ferromagnet and the first layer (as shown in figure 1); and
a dielectric layer ((120/130), both are silicon nitride, a dielectric) positioned adjacent to the surface of the first layer at a third portion (side portion) of the first layer, the third portion of the first layer positioned between the first end portion of the first portion of the first layer and a second end portion of the first portion of the first layer (see figure 1)
Per Claim 4 Yim discloses the device of claim 1 (see figs 1A -2B) including where the third portion of the first layer is common to the first portion of the first layer and the second portion of the first layer. (This limitation is shown in figure 1)
Per Claim 5 Yim discloses the device of claim 1 (see figs 1A -2B) including where the second layer (115) is positioned adjacent to the surface of the first layer. (see figure 1)
Per Claim 10 Yim discloses the device of claim 1 (see figs 1A -2B) including where the apparatus is an integrated circuit component. [0100]
Per Claim 26 Yim discloses an apparatus, comprising (see [0148-0149] and figs 1A - 2B)
a first layer (113) comprising a longitudinal portion extending along a first axis and a transverse portion extending along a second axis (see figure 1), the first axis substantially orthogonal to the second axis (as in figure 1B), the first layer comprising: tin and sulfur; tin and selenium; tin and tellurium; germanium and sulfur; germanium and tellurium; or germanium and selenium; ((113) may comprise GeTe, SnTe, GeSe, SnSe, AsTeGeSiSbS, AsTeGeSiInP, AsTeGeSi, AsTeGeSiSeNS, AsTeGeSiP, AsGeSe, AsTeGeSe, GeTSe, , GeTeSe, GeSiCSe, GeSiTePb GeAsBiTe, GeAsBiSe, see [0023])
a ferromagnet; (117), see [0024]
a second layer (115) located on a surface of the first layer at a first portion of the longitudinal portion of the first layer, the second layer positioned between the ferromagnet and the first layer (as shown in figure 1); and
a dielectric layer ((120/130), both are silicon nitride, a dielectric) positioned adjacent to the surface of the first layer at a third portion (side portion) of the first layer, the third portion of the first layer positioned between the first portion of the longitudinal portion of the first layer and a second portion of the longitudinal portion of the first layer (see figure 1)
Per Claim 27 Yim discloses the device of claim 26 (see figs 1A -2B) including where the third portion of the first layer is common to the first portion of the first layer and the second portion of the first layer. (This limitation is shown in figure 1)
Per Claim 28 Yim discloses the device of claim 26 (see figs 1A -2B) including where the second layer (115) is positioned adjacent to the surface of the first layer. (see figure 1)
Per Claim 30 Yim discloses the device of claim 1 (see figs 1A -2B) including where the third portion of the first layer is common to the first portion of the first layer and the second portion of the first layer. (This limitation is shown in figure 1)
Per Claim 34 Yim discloses the device of claim 26 (see figs 1A -2B) including where the apparatus is an integrated circuit component. [0100]
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 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 of this title, 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.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under pre-AIA 35 U.S.C. 103(a) are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
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.
Claim 7 is rejected under pre-AIA 35 U.S.C. 103 as being unpatentable over Yim as applied above, and further in view of Song et al. (US Patent Application Publication No 2021/0134339) hereinafter referred to as Song.
Per Claim 7, Yim discloses the device of claim 26 (see figs 1A -2B) including the ferromagnet
Yim does not disclose where the ferromagnet comprises cobalt, iron, nickel, or gadolinium.
Song teaches an analogous device including the well-known fact that a ferromagnet may comprise cobalt, iron, nickel or gadolinium. (see Song [0033])
All of the component parts are known in Yim and Song. The only difference is the combination of the old elements into a single device, by using the ferromagnetic materials of Song in the device of Yim. It would have been obvious to one having ordinary skill in the art at the time the invention was made to use the ferromagnetic materials of Song in the device of Yim, since a person with ordinary skill has good reason to pursue the known options within his or her technical grasp. KSR International Co. v. Teleflex Inc., 550 U.S.--, 82 USPQ2d 1385 (2007).
Allowable Subject Matter
Claims 2-3, 6, 8-9, 11-12, 29, 31-33 and 35-37 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.
Cited Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Applicants are directed to consider additional pertinent prior art included on the Notice of References Cited (PTOL 892) attached herewith.
The Examiner has pointed out particular references contained in the prior art of record within the body of this action for the convenience of the Applicant.
Although the specified citations are representative of the teachings in the art and are applied to the specific limitations within the individual claim, other passages and figures may apply.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMI VALENTINE MILLER whose telephone number is (571)272-9786. The examiner can normally be reached on Monday-Thursday 7am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Eva Montalvo can be reached on (571) 270-3829. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Jami Valentine Miller/Primary Examiner, Art Unit 2818