Prosecution Insights
Last updated: April 19, 2026
Application No. 18/022,430

FIELD-FREE SPIN-ORBIT TORQUE SWITCHING OF PERPENDICULARLY POLARIZED MAGNETS

Non-Final OA §102§103§112
Filed
Feb 21, 2023
Examiner
RAHIM, NILUFA
Art Unit
2893
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Carnegie Mellon University
OA Round
1 (Non-Final)
83%
Grant Probability
Favorable
1-2
OA Rounds
2y 5m
To Grant
82%
With Interview

Examiner Intelligence

Grants 83% — above average
83%
Career Allow Rate
374 granted / 451 resolved
+14.9% vs TC avg
Minimal -1% lift
Without
With
+-1.2%
Interview Lift
resolved cases with interview
Typical timeline
2y 5m
Avg Prosecution
38 currently pending
Career history
489
Total Applications
across all art units

Statute-Specific Performance

§101
0.1%
-39.9% vs TC avg
§103
44.5%
+4.5% vs TC avg
§102
28.7%
-11.3% vs TC avg
§112
21.1%
-18.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 451 resolved cases

Office Action

§102 §103 §112
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 Objections Claim 1 is objected to because of the following informalities: "A method for deterministically switch a magnetization state..", which has been interpreted as "A method for deterministically switching a magnetization state.." to correct poor syntax. Appropriate correction is required. 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. The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. Claims 1-21 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Claims 1 and 10 recite "a first direction" twice which lacks clarity as to whether the first and second "first direction" are intended to be a same direction. For purposes of examination on the merits, the first recitation is interpreted as "a first current flowing direction" and the second recitation is interpreted as "a first magnetization direction". Claims 1 and 10 recite "a second, opposite direction" twice which lacks clarity as to whether the first and second "second, opposite direction" are intended to be a same direction. For purposes of examination on the merits, the first recitation is interpreted as "a second, opposite current flowing direction" and the second recitation is interpreted as "a second, opposite magnetization direction". Dependent claims 2-9 and 11-21 do not cure the deficiencies and likewise rejected. 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. (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. Claim(s) 1-5, 9-16, 20, and 21 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by "Control of spin-orbit torques through crystal symmetry in WTe2/ferromagnet bilayers" to MACNEILL et al. (hereinafter 'MACNEILL'), published in Nature Physics 13. 3 (2017): 300-305 (MACNEILL et al. is listed in the 02/21/2023 IDS). Regarding claim 1, MACNEILL discloses a method for deterministically switch a magnetization state of a ferromagnetic material having perpendicular magnetic anisotropy (abstract, page 10, 2nd para, "in summary...efficient manipulation of magnetic devices with perpendicular magnetic anisotropy...can be switched much more efficiently..") comprising: providing a layer of the ferromagnetic material (Permalloy) (page 11, 1st para, "..deposit 6 nm of Permalloy (Py=Ni81Fe19) onto the WTe2); providing a layer of a spin-source material (WTe2) having a low-symmetry crystal structure adjacent the layer of ferromagnetic material (Permalloy) (abstract, "..using a spin-source material with low crystalline symmetry. We use WTe2..", page 11, 1st para, "..deposit 6 nm of Permalloy (Py=Ni81Fe19) onto the WTe2); wherein providing a current flowing in a first current flowing direction parallel to a first axis ("a-axis") of the spin-source material sets the magnetization state of the ferromagnetic material in a first magnetization direction (Fig 1d, page 14, "..the magnetization oriented at 40 [degrees] and 220 [degrees] relative to the current direction..", left image of Fig 2c, page 15, "..current applied parallel to the a-axis.."); and wherein providing a current flowing in a second, opposite current flowing direction parallel to the first axis of the spin-source material sets the magnetization state of the ferromagnetic material in a second, opposite magnetization direction (Fig 1e, page 14, "..the magnetization oriented at 40 [degrees) and 220 [degrees] relative to the current direction..", right image of Fig 2c, page 15, "..current applied parallel to the a-axis..", note: the left and right images of Fig 2c clearly illustrates the current I flowing in two opposite directions with the resultant magnetizations consequentially also being in opposite directions). Regarding claim 2, MACNEILL discloses the method of claim 1, as described above, wherein providing a current in the first direction causes an out-of-plane antidamping spin orbit torque to act on the magnetization of the ferromagnetic material (Permalloy) in a first, out-of-plane direction (left image of Fig 2c, abstract, "..we generate an out-of-plane antidamping torque when current is applied along a low-symmetry axis of WTe2/Permalloy bilayers.."). Regarding claim 3, MACNEILL discloses the method of claim 2, as described above, wherein providing a current in the second direction causes an out-of-plane antidamping spin orbit torque to act on the magnetization of the ferromagnetic material (Permalloy) in a second, out-of-plane direction (right image of Fig 2c, abstract, "..we generate an out-of-plane antidamping torque when current is applied along a low-symmetry axis of WTe2/Permalloy bilayers.."). Regarding claim 4, MACNEILL discloses the method of claim 1, as described above, wherein the first axis of the spin-source material is a low-symmetry axis of the spin-source material (Wte2) (Fig 2c, abstract, "..we generate an out-of-plane antidamping torque when current is applied along a low-symmetry axis of WTe2/Permalloy bilayers.."). Regarding claim 5, MACNEILL discloses the method of claim 3, as described above, wherein application of a current in a co-planar direction perpendicular to a non-low-symmetry axis of the spin-source material (Wte2) results in zero out-of-plane antidamping spin orbit torque (Fig 3b, page 16, "..out-of-plane S-O torque is forbidden by symmetry for current applied along the b-axis.", note: forbidding the torque is deemed equivalent to resulting in zero torque since Fig 3b explicitly notes that the torque, labeled tauB, is zero when the applied current, labeled I, is perpendicular to the case of Fig 2c). Regarding claim 9, MACNEILL discloses the method of claim 1, as described above, wherein the spin-source material is tungsten ditelluride (WTe2) (abstract, "..using a spin-source material with low crystalline symmetry. We use WTe2.."). Regarding claim 10, MACNEILL discloses a device (abstract) comprising: a ferromagnetic material (Permalloy) having perpendicular magnetic anisotropy (abstract, page 10, 2nd para, "In summary...efficient manipulation of magnetic devices with perpendicular magnetic anisotropy...can be switched much more efficiently..", page 11, 1st para, "..deposit 6 nm of Permalloy (Py=Ni81Fe19) onto the WTe2); a layer of a spin-source material (WTe2) having a low-symmetry crystal structure adjacent the layer of ferromagnetic material (Permalloy) (abstract, "..using a spin-source material with low crystalline symmetry. We use WTe2..", page 11, 1st para, "..deposit 6 nm of Permalloy (Py=Ni81Fe19) onto the WTe2); wherein providing a current flowing in a first current flowing direction parallel to a first axis (a-axis) of the spin-source material sets the magnetization state of the ferromagnetic material in a first magnetization direction (Fig 1d, page 14, "..the magnetization oriented at 40 [degrees] and 220 [degrees] relative to the current direction..", left image of Fig 2c, page 15, "..current applied parallel to the a-axis.."); and wherein providing a current flowing in a second, opposite current flowing direction parallel to the first axis of the spin-source material sets the magnetization state of the ferromagnetic material in a second, opposite magnetization direction (Fig 1e, page 14, ".the magnetization oriented at 40 [degrees] and 220 [degrees] relative to the current direction..", right image of Fig 2c, page 15, "..current applied parallel to the a-axis..", note: the left and right images of Fig 2c clearly illustrates the current I flowing in two opposite directions with the resultant magnetizations consequentially also being in opposite directions). Regarding claim 11, MACNEILL discloses the device of claim 10, as described above, further comprising: a pair of electrodes ("Ti/Pt contact pads") disposed on opposite ends of the layer of spin source material (WTe2) such as to allow application of a current parallel to the first axis of the spin-source material (Fig 1c, 2c, page 3, 2nd para, "..WTe2 flakes are patterned into bars...electrical connection is made by Ti/Pt contact pads..", page 15, "..current applied parallel to the a-axis..", note: Fig 1c illustrates signal and ground contact pads, to i.e., electrodes, relative to WTe2 spin source layer on opposite ends). Regarding claim 12, MACNEILL discloses the device of claim 10, as described above, wherein the layer of a spin-source material (WTe2) is disposed on a substrate ("Si wafer") (Fig 1c, pg 3, 2nd para, "..exfoliating an artificially-grown crystal of WTe2 onto a high- resistivity oxidized Si wafer.."). Regarding claim 13, MACNEILL discloses the device of claim 10, as described above, wherein providing a current in the first direction causes an out-of-plane antidamping spin orbit torque to act on the magnetization of the ferromagnetic material (Permalloy) in a first, out-of-plane direction (left image of Fig 2c, abstract, "..we generate an out-of-plane antidamping torque when current is applied along a low-symmetry axis of WTe2/Permalloy bilayers.."). Regarding claim 14, MACNEILL discloses the device of claim 12, as described above, wherein providing a current in the second direction causes an out-of-plane antidamping spin orbit torque to act on the magnetization of the ferromagnetic material (Permalloy) in a second, out-of-plane direction (right image of Fig 2c, abstract, "..we generate an out-of-plane antidamping torque when current is applied along a low-symmetry axis of WTe2/Permalloy bilayers.."). Regarding claim 15, MACNEILL discloses the device of claim 10, as described above, wherein the first axis of the spin-source material is a low-symmetry axis of the spin-source material (WTe2) (Fig 2c, abstract, "..we generate an out-of-plane antidamping torque when current is applied along a low-symmetry axis of WTe2/Permalloy bilayers.."). Regarding claim 16, MACNEILL discloses the device of claim 14, as described above, wherein application of a current in a coplanar direction perpendicular to a non-low-symmetry axis of the spin-source material (Wte2) results in zero out-of-plane antidamping spin orbit torque (Fig 3b, page 16, "..out-of-plane S-O torque is forbidden by symmetry for current applied along the b-axis.", note: forbidding the torque is deemed equivalent to resulting in zero torque since Fig 3b explicitly notes that the torque, labeled tauB, is zero when the applied current, labeled I, is perpendicular to the case of Fig 2c). Regarding claim 20, MACNEILL discloses the device of claim 10, as described above, wherein the spin-source material is tungsten ditelluride (WTe2) (abstract, "..using a spin-source material with low crystalline symmetry. We use WTe2.."). Regarding claim 21, MACNEILL discloses the device of claim 10, as described above, wherein the device acts as an one-bit memory storage unit (page 10, last two lines, "..enable efficient antidamping switching of PMA memory and logic devices..", note: one-bit memory is deemed an implicit feature of perpendicular magnetic anisotropy (PMA) memory which is a type of digital memory based on binary bits). 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) 6, 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Macneill, as applied to claim 1 above, and further in view of Sasaki et al. (US 2020/0075073 A1; hereinafter “Sasaki”) (Sasaki et al. is listed in the 02/21/2023 IDS). Regarding claim 6, MACNEILL discloses the method of claim 1, as described above, but fails to disclose that the magnetization state of the ferromagnetic material is switched without application of an external biasing magnetic field. Sasaki is in the same field of endeavor of switching a magnetization state in a spin current controlled device (abstract) and suggests providing spin-orbit torque wiring (12) so that an external magnetic field is not necessary thus providing improved power saving and integration (Fig 1, abstract, para [0089]). It 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 to switch the magnetization state of the ferromagnetic material of MACNEILL without application of an external biasing magnetic field to provide improved power saving and integration as suggested by Sasaki. Regarding claim 17, MACNEILL discloses the device of claim 10, as described above, but fails to disclose that the magnetization state of the ferromagnetic material is switched without application of an external biasing magnetic field. Sasaki is in the same field of endeavor of switching a magnetization state in a spin current controlled device (abstract) and suggests providing spin-orbit torque wiring (12) so that an external magnetic field is not necessary thus providing improved power saving and integration (Fig 1, abstract, para [0089]). It 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 to switch the magnetization state of the ferromagnetic material of MACNEILL without application of an external biasing magnetic field to provide improved power saving and integration as suggested by Sasaki. Claim(s) 7 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over MACNEILL as applied to claims 1 and 10 above, and further in view of HWANG et al. ("Hard ferromagnetic van-der-Waals metal (Fe,Co)3GeTe2: a new platform for the study of low-dimensional magnetic quantum criticality"; J. Phys. Condens. Matter 31 (2019) 30 September 2019) (hereinafter “Hwang”) (Hwang et al. is listed in the 02/21/2023 IDS). Regarding claim 7, MACNEILL discloses the method of claim 1, as described above, wherein the ferromagnetic material (Permalloy) is perpendicularly polarized (abstract, page 10, 2nd para, "In summary...efficient manipulation of magnetic devices with perpendicular magnetic anisotropy...can be switched much more efficiently..", page 11, 1st para, "..deposit 6 nm of Permalloy (Py=Ni81Fe19) onto the WTe2) but fails to disclose wherein the ferromagnetic material is a van der Waals-based layered quantum material. Hwang is in the same field of endeavor of magnetic materials useful for ferromagnetic transition (i.e., switching) (abstract) and suggests using a van der Waals-based layered quantum material.as a ferromagnetic material that exhibits a sharp ferromagnetic transition, a strong anisotropy, and can be fabricated down to monolayer thickness (abstract). It 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 to provide the perpendicularly polarized ferromagnetic material of MACNEILL as a van der Waals-based layered quantum material since this material is suggested to provide a sharp ferromagnetic transition, a strong anisotropy, and can be fabricated down to monolayer thickness by Hwang. Regarding claim 18, MACNEILL discloses the device of claim 10, as described above, wherein the ferromagnetic material (Permalloy) is perpendicularly polarized (abstract, page 10, 2nd para, "In summary...efficient manipulation of magnetic devices with perpendicular magnetic anisotropy...can be switched much more efficiently..", page 11, 1st para, "..deposit 6 nm of Permalloy (Py=Ni81Fe19) onto the WTe2) but fails to disclose wherein the ferromagnetic material is a van der Waals-based layered quantum material. Hwang is in the same field of endeavor of magnetic materials useful for ferromagnetic transition (i.e., switching) (abstract) and suggests using a van der Waals-based layered quantum material.as a ferromagnetic material that exhibits a sharp ferromagnetic transition, a strong anisotropy, and can be fabricated down to monolayer thickness (abstract). It 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 to provide the perpendicularly polarized ferromagnetic material of MACNEILL as a van der Waals-based layered quantum material since this material is suggested to provide a sharp ferromagnetic transition, a strong anisotropy, and can be fabricated down to monolayer thickness by Hwang. Claim(s) 8 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over MACNEILL in view of Sasaki, as applied to claims 6 and 17 above, and further in view of Hwang. Regarding claim 8, MACNEILL in view of Sasaki disclose the method of claim 6, as described above, wherein the ferromagnetic material (Permalloy) is perpendicularly polarized (abstract, page 10, 2nd para, "In summary...efficient manipulation of magnetic devices with perpendicular magnetic anisotropy...can be switched much more efficiently..", page 11, 1st para, "..deposit 6 nm of Permalloy (Py=Ni81 Fe19) onto the WTe2) but fails to disclose wherein the ferromagnetic material is FGT. Hwang is in the same field of endeavor of magnetic materials useful for ferromagnetic transition (i.e., switching) (abstract) and suggests using FGT as a ferromagnetic material that exhibits a sharp ferromagnetic transition, a strong anisotropy, and can be fabricated down to monolayer thickness (abstract). It 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 to provide the perpendicularly polarized ferromagnetic material of MACNEILL in view of Sasaki as FGT since this material is suggested to provide a sharp ferromagnetic transition, a strong anisotropy, and can be fabricated down to monolayer thickness by Hwang. Regarding claim 19, MACNEILL in view of Sasaki disclose the device of claim 17, as described above, wherein the ferromagnetic material (Permalloy) is perpendicularly polarized (abstract, page 10, 2nd para, "In summary...efficient manipulation of magnetic devices with perpendicular magnetic anisotropy...can be switched much more efficiently..", page 11, 1st para, "..deposit 6 nm of Permalloy (Py=Ni81Fe19) onto the WTe2) but fails to disclose wherein the ferromagnetic material is FGT. Hwang is in the same field of endeavor of magnetic materials useful for ferromagnetic transition (i.e., switching) (abstract) and suggests using FGT.as a ferromagnetic material that exhibits a sharp ferromagnetic transition, a strong anisotropy, and can be fabricated down to monolayer thickness (abstract). It 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 to provide the perpendicularly polarized ferromagnetic material of MACNEILL in view of Sasaki as FGT since this material is suggested to provide a sharp ferromagnetic transition, a strong anisotropy, and can be fabricated down to monolayer thickness by Hwang. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Hu et al. (US 11069390 B2) discloses Spin-orbit torque magnetoresistive random-access memory (SOT-MRAM) cells that undergo perpendicular magnetization switching in the absence of an in-plane magnetic field, wherein by designing the ferromagnetic layer with appropriate lateral dimensions and operating the SOT-MRAM cells with an appropriate charge current density, deterministic perpendicular magnetization switching is achieved without the need to apply an external in-plane bias collinear with the charge current. Any inquiry concerning this communication or earlier communications from the examiner should be directed to NILUFA RAHIM whose telephone number is (571)272-8926. The examiner can normally be reached M-F 9am-5:30pm EST. 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, Yara J. Green can be reached at (571) 270-3035. 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. /NILUFA RAHIM/Primary Examiner, Art Unit 2893
Read full office action

Prosecution Timeline

Feb 21, 2023
Application Filed
Jan 29, 2026
Non-Final Rejection — §102, §103, §112 (current)

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Prosecution Projections

1-2
Expected OA Rounds
83%
Grant Probability
82%
With Interview (-1.2%)
2y 5m
Median Time to Grant
Low
PTA Risk
Based on 451 resolved cases by this examiner. Grant probability derived from career allow rate.

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