DETAILED ACTION
This Office action is in response to the election filed 20 February 2026. Claims 1-20 are currently pending.
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 .
Election/Restrictions
Applicant’s election without traverse of Species I, claims 1-18, in the reply filed on 20 February 2026 is acknowledged.
Claims 19-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 20 February 2026.
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.
Claims 1-17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2021/0367148 A1 to Gong et al. (hereinafter “Gong”).
Regarding claim 1, Gong (Fig. 6) discloses a neuromorphic memory element comprising:
a first electrode 106 (¶ 0032);
a second electrode 144 (¶ 0043);
a first thin film layer 132 (¶ 0040) adjacent to the first electrode 106 between the first electrode 106 and the second electrode 144, and configured to emulate a neuronal plasticity by performing a volatile storage function based on a voltage difference between the first electrode and the second electrode (¶ 0026); and
a second thin film layer 142 (¶ 0043) between the first thin film layer 132 and the second electrode 144, and configured to emulate a synaptic plasticity by performing a non-volatile storage function (¶ 0043).
The limitations “configured to emulate a neuronal plasticity by performing a volatile storage function based on a voltage difference between the first electrode and the second electrode” and “configured to emulate a synaptic plasticity by performing a non-volatile storage function” are considered functional language that does not structurally distinguish the claimed invention over the prior art. Gong discloses the structure as recited in the claim as currently drafted, thus the structure of Gong is presumed capable of the functionally defined limitations of the claimed device. MPEP § 2114 (I).
Regarding claim 2, Gong (Fig. 6) discloses the neuromorphic memory element of claim 1, wherein the first thin film layer 132 is configured to form a filament based on a magnitude of the voltage difference applied between the first electrode and the second electrode (¶ 0040), and wherein the second thin film layer 142 is configured to undergo a phase change based on a voltage pulse applied between the first electrode and the second electrode (¶ 0043).
Regarding claim 3, Gong (Fig. 6) discloses the neuromorphic memory element of claim 2. The limitations “wherein the first thin film layer is configured to form the filament when the voltage difference applied between the first electrode and the second electrode is greater than a threshold voltage, and to decompose the filament when the voltage difference applied between the first electrode and the second electrode is less than the threshold voltage” are considered functional language that does not structurally distinguish the claimed invention over the prior art. Gong discloses the structure as recited in the claim as currently drafted, thus the structure of Gong is presumed capable of the functionally defined limitations of the claimed device. MPEP § 2114 (I).
Regarding claim 4, Gong (Fig. 6) discloses the neuromorphic memory element of claim 2. The limitations “wherein the second thin film layer is configured to change phase to a crystal state when a setting signal having a first magnitude and a first width is applied between the first electrode and the second electrode, and is configured to change phase to an amorphous state when a reset signal having a second magnitude greater than the first magnitude and a second width less than the first width is applied between the first electrode and the second electrode” are considered functional language that does not structurally distinguish the claimed invention over the prior art. Gong discloses the structure as recited in the claim as currently drafted, thus the structure of Gong is presumed capable of the functionally defined limitations of the claimed device. MPEP § 2114 (I).
Regarding claim 5, Gong (Fig. 6) discloses the neuromorphic memory element of claim 2. The limitations “wherein the first thin film layer has a different rate of formation or decomposition of the filament based on a phase change state of the second thin film layer when a capacitor is connected to the first electrode and the second electrode in parallel with the first thin layer and the second thin layer” are considered functional language that does not structurally distinguish the claimed invention over the prior art. Gong discloses the structure as recited in the claim as currently drafted, thus the structure of Gong is presumed capable of the functionally defined limitations of the claimed device. MPEP § 2114 (I).
Regarding claim 6, Gong (Fig. 6) discloses the neuromorphic memory element of claim 2. The limitations “wherein the second thin film layer has a different phase change rate based on whether the filament is formed in the first thin film layer when a capacitor is connected to the first electrode and the second electrode in parallel with the first thin layer and the second thin layer” are considered functional language that does not structurally distinguish the claimed invention over the prior art. Gong discloses the structure as recited in the claim as currently drafted, thus the structure of Gong is presumed capable of the functionally defined limitations of the claimed device. MPEP § 2114 (I).
Regarding claim 7, Gong (Fig. 6) discloses the neuromorphic memory element of claim 2. The limitations “wherein, when the filament is not formed in the first thin film layer and the second thin film layer is in an amorphous state, the first thin film layer and the second thin film layer have a first resistance state” are considered functional language that does not structurally distinguish the claimed invention over the prior art. Gong discloses the structure as recited in the claim as currently drafted, thus the structure of Gong is presumed capable of the functionally defined limitations of the claimed device. MPEP § 2114 (I).
Regarding claim 8, Gong (Fig. 6) discloses the neuromorphic memory element of claim 7. The limitations “wherein, when the filament is not formed in the first thin film layer and the second thin film layer is in a crystal state, the first thin film layer and the second thin film layer have a second resistance state less than the first resistance state” are considered functional language that does not structurally distinguish the claimed invention over the prior art. Gong discloses the structure as recited in the claim as currently drafted, thus the structure of Gong is presumed capable of the functionally defined limitations of the claimed device. MPEP § 2114 (I).
Regarding claim 9, Gong (Fig. 6) discloses the neuromorphic memory element of claim 8. The limitations “wherein, when the filament is formed in the first thin film layer and the second thin film layer is in the amorphous state, the first thin film layer and the second thin film layer have a third resistance state less than the first resistance state” are considered functional language that does not structurally distinguish the claimed invention over the prior art. Gong discloses the structure as recited in the claim as currently drafted, thus the structure of Gong is presumed capable of the functionally defined limitations of the claimed device. MPEP § 2114 (I).
Regarding claim 10, Gong (Fig. 6) discloses the neuromorphic memory element of claim 9. The limitations “wherein, when the filament is formed in the first thin film layer and the second thin film layer is in the crystal state, the first thin film layer and the second thin film layer have a fourth resistance state less than the second resistance state and the third resistance state” are considered functional language that does not structurally distinguish the claimed invention over the prior art. Gong discloses the structure as recited in the claim as currently drafted, thus the structure of Gong is presumed capable of the functionally defined limitations of the claimed device. MPEP § 2114 (I).
Regarding independent claim 11, Gong (Fig. 6) discloses a neuromorphic memory element comprising:
a first electrode 106 (¶ 0032);
a second electrode 144 (¶ 0043);
a threshold switching portion 132 (¶ 0040) stacked on the first electrode 106 and configured to be turned on or turned off based on a voltage difference between the first electrode and the second electrode (¶ 0026); and
a phase change memory portion 142 (¶ 0043) stacked between the first electrode 106 and the threshold switching portion 132 and configured to change phase based on a voltage pulse applied between the first electrode and the second electrode (¶ 0043).
Regarding claim 12, Gong (Fig. 6) discloses the neuromorphic memory element of claim 11, wherein the threshold switching portion 132 comprises a thin film doped with silver (Ag) in silicon dioxide (SiO2) (¶ 0040 - SiO2; ¶¶ 0026, 63 - “conductive bridge filament dielectric layer can be doped with the contributing metal” and disclosing contributing metals including silver (Ag)).
Regarding claim 13, Gong (Fig. 6) discloses the neuromorphic memory element of claim 12, wherein the threshold switching portion forms a silver filament (¶¶ 0040, 0026, 0063). The limitations “to lower a resistance thereof when the voltage difference applied between the first electrode and the second electrode is greater than a threshold voltage” are considered functional language that does not structurally distinguish the claimed invention over the prior art. Gong discloses the structure as recited in the claim as currently drafted, thus the structure of Gong is presumed capable of the functionally defined limitations of the claimed device. MPEP 2114 (I).
Regarding claim 14, Gong (Fig. 6) discloses the neuromorphic memory element of claim 11, wherein the phase change memory portion 142 includes a GST (Ge, Sb, and Te) material or an AIST (Ag, In, Sb, and Te) material (¶ 0043 - GST).
Regarding claim 15, Gong (Fig. 6) discloses the neuromorphic memory element of claim 14, wherein the phase change memory portion 142 is configured to change phase from an amorphous state to a crystal state (¶ 0042). The limitation “to lower a resistance thereof based on the voltage pulse” is considered functional language that does not structurally distinguish the claimed invention over the prior art. Gong discloses the structure as recited in the claim as currently drafted, thus the structure of Gong is presumed capable of the functionally defined limitations of the claimed device. MPEP 2114 (I).
Regarding claim 16, Gong (Fig. 6) discloses the neuromorphic memory element of claim 11. The limitations “wherein the threshold switching portion has two resistance states based on the voltage difference between the first electrode and the second electrode, and the phase change memory portion has two resistance states based on a phase change state” are considered functional language that does not structurally distinguish the claimed invention over the prior art. Gong discloses the structure as recited in the claim as currently drafted, thus the structure of Gong is presumed capable of the functionally defined limitations of the claimed device. MPEP 2114 (I).
Regarding claim 17, Gong (Fig. 6) discloses the neuromorphic memory element of claim 11, wherein the first electrode 106 comprises gold (Au) (¶ 0032).
Claim Rejections - 35 USC § 103
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
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 18 is rejected under 35 U.S.C. 103 as being unpatentable over Gong as applied to claim 11 above, and further in view of US 2009/0231910 A1 to Liu et al. (hereinafter “Liu”).
Regarding claim 18, Gong (Fig. 6) discloses the neuromorphic memory element of claim 11, wherein the second electrode 144 comprises a tungsten-based alloy (¶ 0044).
Gong fails to expressly disclose: a tungsten titanium compound. In the same field of endeavor, Liu discloses a memory element including an electrode comprising a tungsten titanium compound (¶ 0040 - TiW). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the electrode material of Liu in the memory element of Gong for the purpose of utilizing an art recognized material known to be suitable for use in electrodes of memory elements, as exemplified by Liu at ¶ 0040.
Conclusion
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CANDICE Y. CHAN
Examiner
Art Unit 2813
3 April 2026
/STEVEN B GAUTHIER/Supervisory Patent Examiner, Art Unit 2813
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