Prosecution Insights
Last updated: May 29, 2026
Application No. 18/047,290

PHASE CHANGE MEMORY CELL WITH HEATER

Final Rejection §103
Filed
Oct 18, 2022
Examiner
KOLAHDOUZAN, HAJAR
Art Unit
2898
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
International Business Machines Corporation
OA Round
2 (Final)
74%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
96%
With Interview

Examiner Intelligence

Grants 74% — above average
74%
Career Allowance Rate
266 granted / 360 resolved
+5.9% vs TC avg
Strong +23% interview lift
Without
With
+22.6%
Interview Lift
resolved cases with interview
Typical timeline
2y 8m
Avg Prosecution
3 currently pending
Career history
377
Total Applications
across all art units

Statute-Specific Performance

§103
87.1%
+47.1% vs TC avg
§102
8.5%
-31.5% vs TC avg
§112
2.8%
-37.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 360 resolved cases

Office Action

§103
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 . Response to Arguments Applicant's arguments filed 3/6/2026 have been fully considered but they are not persuasive. Applicant argues on page 9 and 10 of the Remarks that reference Ok does not teach that hard mask 310 is formed on top of a second blanket dielectric layer 103. Examiner notes that the blanket dielectric has already been taught in the first reference of Wang. However Ok (Fig.3) also clearly teaches that 310 is on top of 103. Also, applicant argues that Ok does not disclose forming a conformal spacer layer 320 covering the sidewall of the opening 10 of the hard mask 310. Examiner notes that Ok discloses the claimed method limitation as it is: “forming a conformal spacer layer covering a top surface of the hard mask and a sidewall of the opening of the hard mask”; spacer layer 320 is both on top surface of 310 (310 has a L shape and the top surface of the horizontal part of 310 is covered by 320) as seen in Ok (Fig.4-5) and also on its sidewalls. Allowable Subject Matter Claims 16-18 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. 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 13 is rejected under 35 U.S.C. 103 as being unpatentable over Wang (US 2007/0290185 A1; hereinafter Wang) in view of Ok et al. (US 2020/0066337; hereinafter Ok). Regarding Independent Claim 13, Wang (Fig.5B) discloses a method of forming a phase change memory device, the method comprising: providing a bottom electrode (104; [0030]); forming a first blanket dielectric layer (106; [0027]), a phase-change material layer (114; [0029]), and a second blanket dielectric layer (116; [0029]) sequentially on top of the bottom electrode (104); Wang does not particularly disclose forming a hard mask on top of the second blanket dielectric layer, the hard mask having an opening that exposes the second blanket dielectric layer; forming a conformal spacer layer covering a top surface of the hard mask and a sidewall of the opening of the hard mask; removing horizontal portions of the conformal spacer layer to form an inner spacer against the sidewall of the opening; using the inner spacer as an etch mask to etch the second blanket dielectric layer to create an extended opening; and filling the extended opening with a heating element. Ok (Fig.1-9) discloses a method of forming a phase change memory device comprising: forming a hard mask (310; Fig.4; [0024]) on top of the second blanket dielectric layer (103; [0020]), the hard mask (310) having an opening (fig.4) that exposes the second blanket dielectric layer (103); forming a conformal spacer layer (320; fig.3) covering a top surface of the hard mask (310) and a sidewall of the opening of the hard mask (310); removing horizontal portions of the conformal spacer layer (320; fig.3) to form an inner spacer against the sidewall of the opening; using the inner spacer as an etch mask to etch the second blanket dielectric layer to create an extended opening ([0026]-[0029]); and filling the extended opening with a heating element (710). Therefore, it would have been obvious in the art before the effective filing date of the application to have a hard mask on the dielectric layer to better protect the structure layers while etching. Claims 14-15, and 19-20 rejected under 35 U.S.C. 103 as being unpatentable over Wang (US 2007/0290185 A1; hereinafter Wang) in view of Ok et al. (US 2020/0066337; hereinafter Ok) in view of Carta rt al. (US 10,763,307 B1; hereinafter Carta). Regarding Claim 14, Wang in view of Ok as applied in claim 13, Wang in view of Ok do not particularly disclose forming a resistive liner layer. Carta (Fig.5; Col.7 and Col.8) discloses forming a resistive liner layer (180) above the phase-change material layer (142) before forming the second blanket dielectric layer (190), thereby the resistive liner layer being between the phase-change material layer (142) and the second blanket dielectric layer (190). Therefore, it would have been obvious in the art before the effective filing date of the current invention to use the teaching of Carta and add it to Wang and Ok method to have a resistive liner layer to reduce the resistance drift of the phase change material. Regarding Claim 15, Wang in view of OK in view of Carta as applied in claim 14, Carta (Fig.5-20) further comprising: etching the second blanket dielectric layer (190), the resistive liner layer (180), the phase-change material layer (142), and the first blanket dielectric layer respectively into a second dielectric layer, a resistive liner (180), a phase-change element (142), and a first dielectric layer, wherein the heating element and the inner spacer (196) are used as an etch mask in the etching; and forming a conductive liner vertically surrounding at least the resistive liner and the phase- change element. Regarding Claim 19, Wang in view of OK in view of Carta as applied in claim 13, Wang (Fig.5B) discloses forming an electrode material layer (118) on top of a supporting structure; and patterning the electrode material layer into the bottom electrode ([0029]-[0031]). Regarding Claim 20, Wang in view of OK in view of Carta as applied in claim 13, Carta (Fig.19) discloses wherein the inner spacer (196; Col.13; lines 1-15) comprises a third dielectric material that is different from the second dielectric layer (190; Col.7; Lines 1-60). Pertinent Art not used Li et al. (US 2023/0397510 A1; hereinafter Li) and Choi et al. (US 2013/0292847 A1; hereinafter Choi) are pertinent art that are not used in the rejection. Conclusion THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to HAJAR KOLAHDOUZAN whose telephone number is (571)270-5842. 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, Leonard Chang can be reached on (571) 270-3691. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /HAJAR KOLAHDOUZAN/ Examiner, Art Unit 2898 /Leonard Chang/ Supervisory Patent Examiner, Art Unit 2898
Read full office action

Prosecution Timeline

Show 2 earlier events
Oct 10, 2025
Interview Requested
Oct 27, 2025
Interview Requested
Nov 12, 2025
Response Filed
Apr 21, 2026
Final Rejection mailed — §103
Apr 23, 2026
Interview Requested
May 08, 2026
Interview Requested
May 20, 2026
Applicant Interview (Telephonic)
May 21, 2026
Examiner Interview Summary

Precedent Cases

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
74%
Grant Probability
96%
With Interview (+22.6%)
2y 8m (~0m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 360 resolved cases by this examiner. Grant probability derived from career allowance rate.

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