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 .
Status of Claims
Claims 1-19 and 23 are pending in this application. Acknowledgement is made of the amendment received 1/19/23 cancelling claims 20-22 and 24-25
Election/Restrictions
Applicant’s election without traverse of Species I (Claims 1-13) in the reply filed on 1/19/23 is acknowledged. Claims 14-19 and 23 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to nonelected inventions, there being no allowable generic or linking claim. Claims 1-13 are examined in this Office action.
Foreign Priority
Receipt is acknowledged of certified copies of papers submitted under 35 U.S.C. 119(a)-(d), which papers have been placed of record in the file.
Information Disclosure Statement
Acknowledgment is made that the information disclosure statement has been received and considered by the examiner. If the applicant is aware of any prior art or any other co-pending applications not already of record, he/she is reminded of his/her duty under 37 CFR 1.56 to disclose the same.
Drawings
There are no objections or rejections to the drawings.
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
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.
Claims 1-13 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 pre-AIA the applicant regards as the invention.
Claim 1 recites the limitation “wherein the first structure and the second structure respectively comprise a lower electrode, an MTJ structure, an intermediate electrode, and an upper electrode”. It is unclear what is meant by wherein the first structure and the second structure respectively comprise a lower electrode, an MTJ structure, an intermediate electrode, and an upper electrode because its impossible to determine which of the lower electrode, MTJ structure, intermediate electrode, or upper electrode are part of the first structure and which are part of the second structure. Another possible interpretation is that applicant intended to use the term each instead of respectively, which would be consistent with Applicants’ drawings see figure 9. (In the interest of compact prosecution, the examiner will use this interpretation since it is consistent with Applicants disclosure.) One of ordinary skill in the relevant art would not know what structures/steps are covered by the limitation. For these reasons, the claim is indefinite.
Claims 2-13 depend from rejected claim 1, include all limitations of claim 1 and therefore are rejected for the same reason.
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 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 pre-AIA 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.
Claims 1, 3, 5 and 8-9 are rejected under pre-AIA 35 U.S.C. 102(a)(1) as being anticipated by Jung et al. (US Patent Application Publication No 2018/0068702) hereinafter referred to as Jung.
Per Claim 1 Jung discloses a magnetic memory device, comprising
a first upper insulating layer (110), a second upper insulating layer (140), and a first mold layer (130) that are sequentially stacked on a substrate; (see figure 6. The examiner notes that sequentially stacked is not particularly limiting since many types of sequences exist and the details of the sequence are not claimed.)
a first primary wiring structure (125, left in R2) and a first secondary wiring structure (125, right in R2)) that are spaced apart from each other in the first upper insulating layer;
a second wiring structure (145, left in R2) on the first primary wiring structure, in the second upper insulating layer; The examiner notes that the term "on" includes "directly on" (no intermediate materials, elements or space disposed therebetween) and "indirectly on" (intermediate materials, elements or space disposed therebetween)
a reference wiring structure (145, right in R2) on the first secondary wiring structure, in the second upper insulating layer; (see figure 6)
a first structure (including PL/TBL/FL, left in R2) on the second wiring structure;
a second structure (including PL/TBL/FL, right in R2) on the reference wiring structure;
a lower electrode contact (135) that is between the second wiring structure (145, left) and the first structure (PL/TBL/FL, left), and is not between the reference wiring structure (145, right) and the second structure (PL/TBL/FL, right), in the first mold layer (130);
a bit line structure (165) on the first structure; (see figure 6) and
a reference bit line structure (RBL) on the second structure,
wherein the first structure and the second structure each comprise a lower electrode (BE), an MTJ structure (PL/TBL/FL), an intermediate electrode (TE), and an upper electrode (155).
Per Claim 3 Jung discloses the device of claim 1 including where the reference wiring structure (145, right in R2) extends in a first direction. (see figure 6)
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Per Claim 5 Jung discloses the device of claim 1 including where the first secondary wiring structure (125, right in R2)) and the reference wiring structure (145, right in R2) are in electrical contact with each other. The examiner notes that the term " electrical contact" includes both ohmic (metallic) contact as well as capacitive (insulating) contact. The examiner notes that the term "contact" includes "direct contact" (no intermediate materials, elements or space disposed therebetween) and "indirect contact" (intermediate materials, elements or space disposed therebetween).
Per Claim 8 Jung discloses the device of claim 1 further comprising: a third primary wiring structure (UCL) between the first structure (PL/TBL/FL, left in R2) and the bit line structure (165); and a third secondary wiring structure (ICLb) between the second structure (PL/TBL/FL, right in R2) and the reference bit line structure (RBL).
Per Claim 9 Jung discloses the device of claim 8 including where the third primary wiring structure (UCL) and the third secondary wiring structure (ICLb) comprise wirings extending in a first direction. (as shown in figure 6)
Allowable Subject Matter
Claims 2, 4, 6-7, and 10-13 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Cited Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Applicants are directed to consider additional pertinent prior art included on the Notice of References Cited (PTOL 892) attached herewith.
The Examiner has pointed out particular references contained in the prior art of record within the body of this action for the convenience of the Applicant.
Although the specified citations are representative of the teachings in the art and are applied to the specific limitations within the individual claim, other passages and figures may apply.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMI VALENTINE MILLER whose telephone number is (571)272-9786. The examiner can normally be reached on Monday-Thursday 7am-5pm.
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, Eva Montalvo can be reached on (571) 270-3829. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Jami Valentine Miller/Primary Examiner, Art Unit 2818
Prosecution Insights