DETAILED ACTION
This action is responsive to the arguments/remarks received on 03/11/2026.
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 .
Priority
Acknowledgment is made of applicant's claim for priority under 35 U.S.C. 119(a)-(d) or (f), 365(a) or (b), or 386(a) based upon an application filed in PEOPLE'S REPUBLIC OF CHINA on 02/10/2023.
Claim Rejections - 35 USC § 102
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) 1-10 is/are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by US 2022/0285608 A1; Komura, Eiki; 09/2022; (“Komura”).
Regarding Claim 1. Komura discloses A magnetic random access memory cell (#100, Figures 1-3, magnetoresistive effect elements wherein the Figure 15 embodiment is considered, see [0119]-[0123]), comprising:
a spin-orbit torque (SOT) layer (#20/#23, Figures 2 and 15, spin-orbit torque wiring), through which a write current flows when performing a write operation on the magnetic random access memory cell ([0067], “spin-orbit torque wiring 20 is a wiring through which an electrical current flows at the time of writing”);
a magnetic tunnel junction (#10/#11, Figures 4 and 15, laminate body comprising the MTJ structure of a free layer (#2, [0059]), a pinned layer (#1, [0059]), and a tunnel barrier layer (#3, [0064])), located on the SOT layer (Figure 2, #10 is on #20);
a first bottom plug (#31, Figures 2 and 15, first wiring), located on a bottom of the SOT layer and contacting one end of the SOT layer (Figure 2 viewed upside down, #31 is on a bottom of #20 and connected to one end of #20); and
a second bottom plug (#32, Figures 2 and 15, second wiring), located on the bottom of the SOT layer and spaced apart from the first bottom plug, the second bottom plug contacting the other end of the SOT layer (Figure 2 viewed upside down, #32 is on a bottom of #20 and connected to the other end of #20 spaced apart from #31), and
an arrangement direction of the second bottom plug and the first bottom plug forming an acute included angle with a magnetic moment direction of the magnetic tunnel junction (Figure 15, [0120], the arrangement direction of #31 and #32 form an acute angle θ with the magnetic moment long axis of the laminate body MTJ #11).
Regarding Claim 2. Komura discloses The magnetic random access memory cell according to claim 1, wherein:
the SOT layer is a strip structure extending along a first direction (Figure 15, #11 is an elongated oval strip structure extending along a first direction being the angled dot-dash line in Figure 15); and
the magnetic moment direction of the magnetic tunnel junction is parallel to the first direction (Figure 15, [0120], the elongated long axis of the laminate body MTJ is the magnetic moment which is parallel to the dot-dash line).
Regarding Claim 3. Komura discloses The magnetic random access memory cell according to claim 2, wherein:
the magnetic tunnel junction has a spindle-shaped structure (Figure 15, laminate body MTJ #11 has an elongated oval structure like that of a spindle); and
a long axis direction of the spindle-shaped structure is the magnetic moment direction of the magnetic tunnel junction (Figure 15, [0120], the elongated long axis of the laminate body MTJ is the magnetic moment which is parallel to the dot-dash line).
Regarding Claim 4. Komura discloses The magnetic random access memory cell according to claim 1, wherein the magnetic random access memory cell further comprises:
a base (#CL, Figure 2, common wiring layer which may be the base or bottom if the device is turned upside down), located on the bottom of the SOT layer (Figure 2 viewed upside down, #CL is located on the bottom of #20); and
a bottom dielectric layer (#43 of #In, Figures 2 and 3, insulating layer) located between the base and the SOT layer, the first bottom plug and the second bottom plug being located in the bottom dielectric layer (Figures 2 and 3, #43 of #In is located between #CL and #20, and #31 and #32 are located in #43 of #In).
Regarding Claim 5. Komura discloses The magnetic random access memory cell according to claim 1, wherein the magnetic random access memory cell further comprises:
a top plug (#E, Figures 2 and 3, electrode), located on a top of the magnetic tunnel junction and electrically connected to the magnetic tunnel junction (Figure 2 viewed upside down, #E is located on a top of #10 and is directly electrically connected to #10).
Regarding Claim 6. Komura discloses The magnetic random access memory cell according to claim 5, wherein the magnetic random access memory cell further comprises:
a top dielectric layer (#41 and #42 of #In, Figures 2 and 3, insulating layer), covering the SOT layer and the magnetic tunnel junction, the top plug being located in the top dielectric layer (Figures 2 and 3 viewed upside down, #41 and #42 of #In at least partially cover #20 and #10, and #E is located in #41 and #42 of #In).
Regarding Claim 7. Komura discloses The magnetic random access memory cell according to claim 1, wherein a material of the SOT layer comprises at least one of tantalum, tungsten, platinum, boron-doped tantalum, platinum-gold alloy, platinum-palladium alloy, bismuth selenide or bismuth antimonide ([0073], spin-orbit torque wiring 20 may comprise Pt, W, and Ta; [0076]-[0077], #20 may comprise bismuth-selenide or bismuth antimonide).
Regarding Claim 8. Komura discloses The magnetic random access memory cell according to claim 1, wherein:
a material of the first bottom plug comprises at least one of Cu, W, Al, TiN, TaN or Ti; and a material of the second bottom plug comprises at least one of Cu, W, Al, TiN, TaN or Ti ([0092], “first wiring 31 and the second wiring 32 are made of, for example, Al or Cu”, i.e. the first and second wiring being the first and second bottom plugs may comprise Al or Cu).
Regarding Claim 9. Komura discloses The magnetic random access memory cell according to claim 1, wherein the magnetic tunnel junction comprises: a free layer (#2, Figure 3, ), a tunneling barrier layer located (#3) on the free layer, and a pinned layer (#1) located on the tunneling barrier layer (#10/#11, Figures 4 and 15, laminate body comprising the MTJ structure of a free layer (#2, [0059]), a pinned layer (#1, [0059]), and a tunnel barrier layer (#3, [0064])).
Regarding Claim 10. Komura discloses A magnetic random access memory (#200, Figure 1, magnetic array), comprising:
a plurality of magnetic random access memory cells (#100, Figures 1-3, magnetoresistive effect elements wherein the Figure 15 embodiment is considered, see [0119]-[0123]) that are arranged in an array (Figure 1, #100s are arranged in an array);
wherein each magnetic random access memory cell (#100) comprises:
a spin-orbit torque (SOT) layer (#20/#23, Figures 2 and 15, spin-orbit torque wiring), through which a write current flows when performing a write operation on the magnetic random access memory cell ([0067], “spin-orbit torque wiring 20 is a wiring through which an electrical current flows at the time of writing”);
a magnetic tunnel junction (#10/#11, Figures 4 and 15, laminate body comprising the MTJ structure of a free layer (#2, [0059]), a pinned layer (#1, [0059]), and a tunnel barrier layer (#3, [0064])), located on the SOT layer (Figure 2, #10 is on #20);
a first bottom plug (#31, Figures 2 and 15, first wiring), located on a bottom of the SOT layer and contacting one end of the SOT layer (Figure 2 viewed upside down, #31 is on a bottom of #20 and connected to one end of #20); and
a second bottom plug (#32, Figures 2 and 15, second wiring), located on the bottom of the SOT layer and spaced apart from the first bottom plug, the second bottom plug contacting the other end of the SOT layer (Figure 2 viewed upside down, #32 is on a bottom of #20 and connected to the other end of #20 spaced apart from #31), and
an arrangement direction of the second bottom plug and the first bottom plug forming an acute included angle with a magnetic moment direction of the magnetic tunnel junction (Figure 15, [0120], the arrangement direction of #31 and #32 form an acute angle θ with the magnetic moment long axis of the laminate body MTJ #11).
Response to Arguments/Amendments
Applicant’s arguments, see pages 5-6 of the remarks, filed 03/11/2026, with respect to the 35 U.S.C. 102 rejections of claims 1-10 have been fully considered but are not found persuasive.
Applicant argues that US 2022/0285608 A1; Komura, Eiki; 09/2022; (“Komura”) does not disclose that the first bottom plug and the second bottom plug are located on a bottom of the SOT layer as required by independent claims 1 and 10. In particular applicant argues that the examiner’s interpretation of Figure 2 in Komura as being upside down is improper. Applicant refers to In re Gordon (see MPEP 2143.01.V), arguing that the federal circuit concluded that the mere fact that a prior art could be modified (i.e. turned upside down in the instant application) does not render the modification to be obvious. Therefore, applicant argues that because Komura does not teach the desirability to turn the device upside down, the plugs identified by the examiner are necessarily on a top of the SOT layer. The examiner respectfully disagrees.
The court’s determination was particular to the device at hand, stating that “if the prior art device were turned upside down it would be inoperable for its intended purpose because the gasoline to be filtered would be trapped at the top, the water and heavier oils sought to be separated would flow out of the outlet instead of the purified gasoline, and the screen would become clogged” (see MPEP 2143.01.V). In other words, “If a proposed modification would render the prior art invention being modified unsatisfactory for its intended purpose, there may be no suggestion or motivation to make the proposed modification”. In contrast, in both the instant application and Komura, the relative orientation of the entire device does not alter its operational characteristics or render the device non-operational. Turning the Komura device upside down does not make it unsatisfactory for its intended purpose. Although Komura may refer to certain directions as being the top/bottom (z-direction), respectively, [0040]-[0041] of Komura detail that the directions are arbitrarily defined for the purpose of explanation and do not coincide with the actual orientation of the device. For example, Komura states in [0040] that “upward and downward directions do not necessarily coincide with a direction in which the force of gravity is applied.” Therefore, this device may be freely rotated, and turned upside down as a whole, and still be entirely functional such that the applicant’s arguments that the device may not be interpreted as upside down are not found persuasive.
Claim(s) 1-10 stand rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by US 2022/0285608 A1; Komura, Eiki; 09/2022; (“Komura”).
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.
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/TYLER J WIEGAND/Examiner, Art Unit 2812 /CHRISTINE S. KIM/Supervisory Patent Examiner, Art Unit 2812
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