Prosecution Insights
Last updated: April 19, 2026
Application No. 17/948,951

Boron Surface Passivation of Phase Change Memory Material

Non-Final OA §103
Filed
Sep 20, 2022
Examiner
CHOU, SHIH TSUN A
Art Unit
2811
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
International Business Machines Corporation
OA Round
1 (Non-Final)
76%
Grant Probability
Favorable
1-2
OA Rounds
2y 6m
To Grant
93%
With Interview

Examiner Intelligence

Grants 76% — above average
76%
Career Allow Rate
338 granted / 447 resolved
+7.6% vs TC avg
Strong +17% interview lift
Without
With
+17.1%
Interview Lift
resolved cases with interview
Typical timeline
2y 6m
Avg Prosecution
24 currently pending
Career history
471
Total Applications
across all art units

Statute-Specific Performance

§103
48.9%
+8.9% vs TC avg
§102
23.4%
-16.6% vs TC avg
§112
26.6%
-13.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 447 resolved cases

Office Action

§103
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 . Election/Restrictions Applicant’s election without traverse of invention I, claims 1-13, in the reply filed on 12/16/2025 is acknowledged. Claims 14-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 12/16/2025. 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 (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 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. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 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. Claims 1 and 4 are rejected under 35 U.S.C. 103 as being unpatentable over Sarkar (US 2020/0287129) in view of Pellizzer (US 2014/0021439). Regarding claim 1, Sarkar discloses, in FIG. 1A and in related text, a phase change memory device, comprising: one or more phase change memory cells (102), each comprising a phase change material (114) between a bottom electrode (120) and a top electrode (122) (see Sarkar, [0021], [0024], [0027]); and a boron-containing and nitrogen-containing bilayer (silicon nitride layer as first dielectric 126 in FIG. 1A or 326 in FIG. 3E; boron oxide layer as second dielectric 128 in FIG. 1A or 328 in FIG. 3E) on sidewalls of the phase change material to protect the phase change material (see Sarkar, FIGS. 1A and 3E, [0028], [0047]-[0048], [0053]). Sarkar does not explicit disclose to protect the phase change material from exposure to oxygen. Pellizzer teaches silicon nitride as a material to protect phase change material from exposure to oxygen (see Pellizzer, [0054], [0061], [0074]). Thus Pellizzer together with Sarkar teaches to protect the phase change material from exposure to oxygen. Sarkar and Pellizzer are analogous art because they both are directed to phase change memory devices and one of ordinary skill in the art would have had a reasonable expectation of success to modify Sarkar with the features of Pellizzer because they are from the same field of endeavor. It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Sarkar to include to protect the phase change material from exposure to oxygen, to alleviate or prevent oxygen-induced degradation (see Pellizzer, [0054]). . Regarding claim 4, Sarkar in view of Pellizzer teaches the device of claim 1. Sarkar discloses wherein the phase change material (114) is selected from the group consisting of: Sb2Te3, GeTe, Ge2Sb2Te5, GaSb, Ge-Sb, and combinations thereof (see Sarkar, [0024]). Claims 1 and 5 are rejected under 35 U.S.C. 103 as being unpatentable over Gong (US 2021/0225441) in view of Sarkar (US 2020/0287129) and Pellizzer (US 2014/0021439). Regarding claim 1, Gong discloses, in FIG. 2 and in related text, a phase change memory device, comprising: one or more phase change memory cells (100), each comprising a phase change material (110) between a bottom electrode (102) and a top electrode (114) (see Gong, [0006], [0029[). Gong does not explicitly disclose a boron-containing and nitrogen-containing bilayer on sidewalls of the phase change material to protect the phase change material from exposure to oxygen. Sarkar teaches a boron-containing and nitrogen-containing bilayer (silicon nitride layer as first dielectric 126 in FIG. 1A or 326 in FIG. 3E; boron oxide layer as second dielectric 128 in FIG. 1A or 328 in FIG. 3E) on sidewalls of the phase change material (114) to protect the phase change material (see Sarkar, FIGS. 1A and 3E, [0028], [0047]-[0048], [0053]). Sarkar does not explicit teach to protect the phase change material from exposure to oxygen. Pellizzer teaches silicon nitride as a material to protect phase change material from exposure to oxygen (see Pellizzer, [0054], [0061], [0074]). Thus Pellizzer together with Sarkar teaches to protect the phase change material from exposure to oxygen. Gong, Sarkar and Pellizzer are analogous art because they both are directed to phase change memory devices and one of ordinary skill in the art would have had a reasonable expectation of success to modify Gong with the features of Sarkar and Pellizzer because they are from the same field of endeavor. It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Gong to include a boron-containing and nitrogen-containing bilayer on sidewalls of the phase change material to protect the phase change material from exposure to oxygen, as taught by Sarkar and Pellizzer, to provide adhesion and etch selectivity and protect the stack from subsequent depositions (see Sarkar, [0013]), and to alleviate or prevent oxygen-induced degradation (see Pellizzer, [0054]). Regarding claim 5, Gong in view of Sarkar and Pellizzer teaches the device of claim 1. Gong discloses wherein the phase change memory cells (100) are arranged in a cross-point array (see Gong, FIGS. 2-3, [0029], [0035]). Claims 6 and 9-13 are rejected under 35 U.S.C. 103 as being unpatentable over Cheng (US 2020/0295083) in view of Sarkar (US 2020/0287129) and Pellizzer (US 2014/0021439). Regarding claim 6, Cheng discloses, in FIG. 3 and in related text, a phase change memory device, comprising: one or more phase change memory cells, each comprising a phase change material (105) between a bottom electrode (101) and a top electrode (120); an ovonic threshold switch (103), between the bottom electrode and the top electrode, that is in series with the phase change material (see Cheng, [0004], [0031]-[0032], [0034], [0036]-[0037]). Cheng does not explicitly disclose a boron-containing and nitrogen-containing bilayer on sidewalls of the phase change material to protect the phase change material from exposure to oxygen. Sarkar teaches a boron-containing and nitrogen-containing bilayer (silicon nitride layer as first dielectric 126 in FIG. 1A or 326 in FIG. 3E; boron oxide layer as second dielectric 128 in FIG. 1A or 328 in FIG. 3E) on sidewalls of the phase change material (114) to protect the phase change material (see Sarkar, FIGS. 1A and 3E, [0028], [0047]-[0048], [0053]). Sarkar does not explicit teach to protect the phase change material from exposure to oxygen. Pellizzer teaches silicon nitride as a material to protect phase change material from exposure to oxygen (see Pellizzer, [0054], [0061], [0074]). Thus Pellizzer together with Sarkar teaches to protect the phase change material from exposure to oxygen. Cheng, Sarkar and Pellizzer are analogous art because they both are directed to phase change memory devices and one of ordinary skill in the art would have had a reasonable expectation of success to modify Cheng with the features of Sarkar and Pellizzer because they are from the same field of endeavor. It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Cheng to include a boron-containing and nitrogen-containing bilayer on sidewalls of the phase change material to protect the phase change material from exposure to oxygen, as taught by Sarkar and Pellizzer, to provide adhesion and etch selectivity and protect the stack from subsequent depositions (see Sarkar, [0013]), and to alleviate or prevent oxygen-induced degradation (see Pellizzer, [0054]). Regarding claim 9, Cheng in view of Sarkar and Pellizzer teaches the device of claim 6. Cheng discloses wherein the phase change material (105) is selected from the group consisting of: Sb2Te3,GeTe, Ge2Sb2Te5, GaSb, Ge-Sb, and combinations thereof (see Cheng, [0036]-[0037]). Regarding claim 10, Cheng in view of Sarkar and Pellizzer teaches the device of claim 6. Cheng discloses wherein the ovonic threshold switch (103) comprises a material selected from the group consisting of: AsSeGeSi, AsSeGeSiC, AsSeGeSiN, AsSeGeSiTe, AsSeGeSiTeS, AsTeGeSi, AsTeGeSiN and combinations thereof (see Cheng, [0034]). Regarding claim 11, Cheng in view of Sarkar and Pellizzer teaches the device of claim 6. Cheng discloses a first buffer layer (102) below the ovonic threshold switch (103); a second buffer layer (104) between the ovonic threshold switch (103) and the phase change material (105); and a third buffer layer (106) above the phase change material (105) (see Cheng, FIG. 3, [0033], [0035], [0038]). Regarding claim 12, Cheng in view of Sarkar and Pellizzer teaches the device of claim 11. Cheng discloses wherein the first buffer layer (102), the second buffer layer (104), and the third buffer layer (106) each comprises a material selected from the group consisting of: C, SiC, Si, Ta, TaN, TaC, W, WN, WC, Ti, TiN, TiC and combinations thereof (see Cheng, [0033], [0035], [0038]-[0039]). Regarding claim 13, Cheng in view of Sarkar and Pellizzer teaches the device of claim 6. Cheng discloses wherein the phase change memory cells are arranged in a cross-point array (see Cheng, [0045], [0053]). Allowable Subject Matter Claims 2-3 and 7-8 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. The prior art of records, individually or in combination, do not disclose nor teach “wherein the boron-containing and nitrogen- containing bilayer comprises: a BzOm layer disposed on the phase change material, wherein 1 ≤ z ≤ 5 and 1 ≤ m ≤ 5; a BxNy layer disposed on the BzOm layer, wherein 1 ≤ x ≤ 5 and 1 ≤ y ≤ 5” in combination with other limitations as recited in claim 2. The prior art of records, individually or in combination, do not disclose nor teach “wherein the boron-containing and nitrogen- containing bilayer comprises: a BzOm layer disposed on the phase change material, wherein 1 ≤ z ≤ 5 and 1 ≤ m ≤ 5; a BxNy layer disposed on the BzOm layer, wherein 1 ≤ x ≤ 5 and 1 ≤ y ≤ 5” in combination with other limitations as recited in claim 7. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHIH TSUN A CHOU whose telephone number is (408)918-7583. The examiner can normally be reached M-F 8:00-16:00 Arizona Time. 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, Lynne Gurley can be reached at (571) 272-1670. 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. /SHIH TSUN A CHOU/Primary Examiner, Art Unit 2811
Read full office action

Prosecution Timeline

Sep 20, 2022
Application Filed
Apr 22, 2024
Response after Non-Final Action
Jan 25, 2026
Non-Final Rejection — §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
76%
Grant Probability
93%
With Interview (+17.1%)
2y 6m
Median Time to Grant
Low
PTA Risk
Based on 447 resolved cases by this examiner. Grant probability derived from career allow rate.

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