Prosecution Insights
Last updated: April 19, 2026
Application No. 18/133,304

METAL FERROELECTRIC INSULATOR METAL STACK IN RRAM

Final Rejection §112
Filed
Apr 11, 2023
Examiner
PRENTY, MARK V
Art Unit
2814
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
International Business Machines Corporation
OA Round
2 (Final)
91%
Grant Probability
Favorable
3-4
OA Rounds
2y 4m
To Grant
93%
With Interview

Examiner Intelligence

Grants 91% — above average
91%
Career Allow Rate
665 granted / 729 resolved
+23.2% vs TC avg
Minimal +2% lift
Without
With
+2.2%
Interview Lift
resolved cases with interview
Typical timeline
2y 4m
Avg Prosecution
9 currently pending
Career history
738
Total Applications
across all art units

Statute-Specific Performance

§101
0.9%
-39.1% vs TC avg
§103
34.7%
-5.3% vs TC avg
§102
37.1%
-2.9% vs TC avg
§112
14.5%
-25.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 729 resolved cases

Office Action

§112
This Office Action is in response to the amendment filed on February 4, 2026. Claims 15-20 are withdrawn from further consideration. Claims 1-6 are objected to because amended independent claim 1’s “including broken down portions the dielectric material” should apparently read “including broken down portions of the dielectric material.” Claims 2-6 depend on independent claim 1 and are thus similarly objected to. Claims 1-6 are rejected under 35 U.S.C. 112(a) as failing to comply with the written description requirement. The claims contain subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, at the time the application was filed, had possession of the claimed invention. Specifically, the specification does not describe amended independent claim 1 as a whole, including “conductive filaments including broken down portions [of] the dielectric material.” Claims 2-6 depend on independent claim 1 and are thus similarly rejected. The applicant’s argument that support for the amendment to claim 1 can be found in paragraphs [0035] and [0042] of the specification is incorrect. Those paragraphs do not describe “conductive filaments including broken down portions [of] the dielectric material.” Indeed, such appears to be a contradiction in terms (see below). Claims 1-6 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention. Specifically, amended independent claim 1 is unclear in reciting “conductive filaments including broken down portions [of] the dielectric material.” Claims 2-6 depend on independent claim 1 and are thus similarly rejected. Claims 7-14 are allowed. The applicant’s other arguments are moot in view of the new grounds of rejection. The examiner recommends that independent claim 1 be amended to correspond to claim 4 as presented in the amendment filed on November 3, 2025. Given that there are allowed claims and an unproductive interview has already been held, a second interview will not be granted. Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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. Registered practitioners can telephone the examiner at (571) 272-1843. Any voicemail message left for the examiner should include the registration number of the registered practitioner calling. The examiner’s supervisor is Wael Fahmy, whose telephone number is (571) 272-1705. /MARK V PRENTY/Primary Examiner, Art Unit 2814
Read full office action

Prosecution Timeline

Apr 11, 2023
Application Filed
Apr 01, 2024
Response after Non-Final Action
Nov 10, 2025
Non-Final Rejection — §112
Jan 26, 2026
Interview Requested
Jan 27, 2026
Interview Requested
Feb 03, 2026
Examiner Interview Summary
Feb 03, 2026
Applicant Interview (Telephonic)
Feb 04, 2026
Response Filed
Feb 17, 2026
Final Rejection — §112
Mar 31, 2026
Interview Requested
Apr 01, 2026
Examiner Interview Summary
Apr 01, 2026
Applicant Interview (Telephonic)

Precedent Cases

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Patent 12588240
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Patent 12581721
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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
91%
Grant Probability
93%
With Interview (+2.2%)
2y 4m
Median Time to Grant
Moderate
PTA Risk
Based on 729 resolved cases by this examiner. Grant probability derived from career allow rate.

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