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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 26 Aug 2025 has been entered.
Status of the Claims/Amendments
This Office Action Correspondence is in response to Applicant’s reply filed 26 Aug 2025.
Claims 1, 3, 4, 5, 9 are pending. Claim 1, 3, 4, 5, 9 are amended. Claims 2, 6, 7, 8, 10 are canceled. Claim 9 is withdrawn. Claims 1, 3, 4, 5 are examined on their merits as detailed below.
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(s) 1, 3, 4, 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Maehara et al. (US 2018/0366641 Al hereinafter “Maehara ‘641”) in view of Kula et al. (US 2015/0028439 A1 hereinafter “Kula”) and Saida et al. (US 2014/0085969 A1 hereinafter “Saida”).
Regarding independent claim 1, preamble limitations "film forming" and "for forming a laminated structure on a substrate to form a magnetic tunnel junction element" are intended use and do not receive patentable weight. However, those limitations are mapped to the prior art for the purpose of compact prosecution.
Regarding independent claim 1, Maehara ‘641 teaches a film forming apparatus (comprising processing system 100 including processing modules 100a, Fig. 3, para. [0018]-[0044]) for forming a laminated structure on a substrate to form a magnetic tunnel junction element (abstract, para. [0002]-[0003]), comprising:
a plurality of processing chambers (comprising processing modules 100a, Fig. 3, para. [0034]);
a heat treatment chamber (comprising one of 100a, Fig. 3, para. [0054]) where a magnetic field is applied to the substrate to perform heat treatment (para. [0054]); a
vacuum transfer chamber (comprising transfer chambers 121, Fig. 3, para. [0042]) that connects the processing chambers (comprising 100a, Fig. 3) and the heat treatment chamber (comprising a different one of 100a, Fig. 3); and
a controller (comprising control unit CNT, Fig. 3, para. [0043]-[0044]);
wherein the controller (comprising control unit CNT, Fig. 3, para. [0043]-[0044], [0048]-[0056]) executes: an operation of forming a first magnetic layer (comprising ferromagnetic layer ML1, Fig. 4, 5A, para. [0046],[0049]) on the substrate and forming an insulating layer (comprising oxide layer IL1, Fig.4, 5A, para.[0046], [0049]) on the first magnetic layer (comprising ML1, Fig. 4, 5A, 5B, 5C ) (claim 1, para. [0046], [0049]); an operation of performing a first heat treatment by applying the magnetic field to the substrate on which the first magnetic layer (comprising ML1, Fig. 4,5A, 5C) and the insulating layer (comprising IL1, Fig. 4, 5A and 5B) have been formed (para. [0054]); and an operation of forming a second magnetic layer (comprising ML2 or ML3, Fig. 4) on the insulating layer (comprising IL1, Fig. 4, 5A, 5B)(para. [0056]);
operation of performing second heat treatment to the substrate on which the second magnetic layer (comprising ML2 and/ or ML3, Fig. 4) has been formed after the second magnetic layer is formed (para. [0056]).
Maehara ‘641 does not explicitly teach the controller is configured to execute an operation to perform the first heat treatment by applying the magnetic field to be performed after the insulating layer is formed but before a second magnetic layer is formed on the insulating layer; and the second heat treatment being by applying the magnetic field.
However, Kula teaches performing a heat treatment (i.e. annealing) on a structure having a first magnetic layer (comprising seed layer 260, Fig. 2A, para. [0056], [0058]) and an insulating layer (comprising non-magnetic layer 270 comprising a nonmagnetic oxide material such as MgO, Fig. 2A, apra. [0065]) before the second magnetic layer (comprising magnetic material 220, Fig. 2A) is formed and before a second heat treatment is performed after forming a second magnetic layer (comprising 220, Fig. 2A) (i.e. “another anneal to propagate the desired crystal structure from the insulating layer (comprising 270, Fig. 2A) to the second magnetic layer (comprising 220, Fig. 2A)”) (para. [0072]). Kula teaches that such a configuration enables providing a desired crystal structure (para. [0072]).
Additionally, Saida teaches that heat treatment by applying a magnetic field (i.e. annealing in a magnetic field) enables adjusting the strength of the magnetic anisotropy in the direction perpendicular to the film surface between the first magnetic layer (comprising layer 10, Fig. 1) and second magnetic layer (comprising layer 20 Fig. 1) (para. [0179]).
It would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to configure the controller to execute an operation of performing the first heat treatment by applying the magnetic field is performed after the insulating layer is formed but before a second magnetic layer is formed on the insulating layer; and an operation of performing the second heat treatment by applying the magnetic field because Kula teaches/suggest performing a first heat treatment after forming an insulating layer on a first magnetic layer and a second heat treatment step after formation of the second magnetic layer on the insulating layer to provide a desired crystal structure (Kula: para. [0072]) and because Saida teaches/suggests performing heat treatment in a magnetic field enables adjusting the strength of the magnetic anisotropy in the direction perpendicular to the film surface between the first and second magnetic layers (Saida: para. [0179]).
Regarding limitation “where a magnetic layer and an insulating layer are formed on the substrate,” these is/are intended use limitation(s). Since Maehara ‘641 in view of Kula and Saida teaches all of the structural limitations of the claim including a plurality of processing chambers capable of film formation wherein the apparatus (comprising processing system 100, Fig. 3) is configured to form the magnetoresistive element shown in Fig. 4 including ferromagnetic layers ML1, ML2, ML3 and insulating/oxide layers IL1 and IL2 (para. [0048]-[0049]), the apparatus of the same is considered capable of meeting the intended use limitations. Furthermore, the courts have ruled the following: a claim containing a “recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus” if the prior art apparatus teaches all the structural limitations of the claim. Ex parte Masham, 2 USPQ2d 1647 (Bd. Pat. App. & Inter. 1987). MPEP §2114. II.
Regarding claim 3, Maehara ‘641 in view of Kula and Saida teaches all of the limitations of claim 1, and Maehara’ 641 further teaches wherein the operation of performing the first heat treatment by applying the magnetic field to the substrate, the first magnetic layer (comprising ML1, Fig. 5A-5C) and the insulating layer (comprising IL1, Fig. 5A-5C) are crystallized (para. [0052]-[0054], [0071]-[0072]). Kula also teaches that the first magnetic layer (comprising 260, Fig. 2A) and the insulating layer (comprising 270, Fig. 2A) are crystallized after performing the first heat treatment (para. [0071]-[0072]). Thus, the combination meets claim 3 limitations.
Regarding claim 4 and 5, Maehara ‘641 in view of Kula and Saida teaches all of the limitations of claim 1, 3 and Maehara’ 641 further teaches wherein in the operation of performing the first heat treatment by applying the magnetic field to the substrate (para. [0071]). Additionally, Saida teaches the benefits of performing heat treatment with magnetic field, as discussed in claim 1 rejection above.
Regarding limitation “a magnetization direction of the first magnetic layer is controlled” is an intended use/functional limitation. Since Maehara ‘641 in view of Kula and Saida teaches all of the structural limitations and further teaches a controller and the step of heat treatment by applying the magnetic field to the substrate which already has the first magnetic layer on it, the apparatus of the same is considered capable of meeting the intended use/functional limitations. Furthermore, the courts have ruled the following: a claim containing a “recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus” if the prior art apparatus teaches all the structural limitations of the claim. Ex parte Masham, 2 USPQ2d 1647 (Bd. Pat. App. & Inter. 1987). MPEP §2114. II.
Response to Arguments
Applicant's arguments filed 26 Aug 2025 have been fully considered but they are not persuasive, due to new grounds of rejections necessitated by Applicant’s amendments to the claims as further discussed below.
Applicant argues (remarks page 5-6) regarding U.S.C. 103 rejection of independent claim 1, neither Maehara nor Saida discloses amended claim limitation "an operation of performing first heat treatment by applying the magnetic field to the substrate on which the first magnetic layer and the insulating layer have been formed after the insulating layer is formed but before a second magnetic layer is formed on the insulating layer; an operation of forming the second magnetic layer on the insulating layer after the operation of performing first heat treatment; and an operation of performing second heat treatment by applying the magnetic field to the substrate on which the second magnetic layer has been formed after the second magnetic layer is formed.
Examiner responds claim 1 rejection has been modified as necessitated by Applicant’s amendments to the claims. Currently claim 1 is rejected as being unpatentable over Maehara ‘641 in view of Kula and Saida wherein Kula teaches performing a first heat treatment step after forming the insulating layer but before forming the second magnetic layer and performing a second heat treatment step to the substrate on which the second magnetic layer has been formed after the second magnetic layer is formed and Saida teaches the benefits of performing heat treatment with a magnetic field.
In light of the above, independent claim 1 is rejected and depending claims 3, 4, 5 are also rejected.
Conclusion
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/LAUREEN CHAN/Examiner, Art Unit 1716 /RAM N KACKAR/Primary Examiner, Art Unit 1716