DETAILED ACTION
This Office action is in response to the amendment filed 8 January 2026. By this amendment, claims 1, 15, and 21-22 are amended. Claims 1-17 and 21-23 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 .
Response to Arguments
Applicant’s arguments with respect to claims 1-17 and 21-23 have been considered but are moot because the rejection has been modified in response to Applicant’s amendments to the claims. The amended limitations are addressed by the modified grounds of rejection below.
Regarding Heiss, Applicant argues that vertical electrical connectors 148 and their terminals 128/130 do not abut the phase change materials (PCM) 112, and that insulating liner 136 separated PCM from heating elements 124, and further that vertical electrical connectors 150 do not abut the heating elements 124. (Remarks, p. 8.) Applicant’s attention is respectfully directed to the below rejections that address the amended limitations of the claims. The prior art reads on the claims as currently drafted.
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.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-14 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites the limitations "the first electrical conductor" in lines 4-5 and “the second electrical conductor” in line 5. There is insufficient antecedent basis for these limitations in the claim. For the purposes of examination, it is assumed “the first electrical conductor” is intended to refer to the “first electrode” recited in line 1, and “the second electrical conductor” is intended to refer to the “second electrode” recited in line 1. Claims 2-14 depend directly or indirectly from claim 1 and also contain the above indefinite language.
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.
Claims 1-17 and 21-23 are rejected under 35 U.S.C. 103 as being unpatentable over US 2021/0320250 A1 to Heiss et al. (hereinafter “Heiss”) in view of US 2021/0050518 A1 to Gong et al. (hereinafter “Gong”).
Regarding independent claim 1, Heiss (Fig. 1A-C) discloses a phase change material (PCM) switch, comprising: a phase change material element 128/112/136/130 (¶¶ 0035, 0041-42) comprising a first electrode 128 (¶ 0041; Fig. 1C) and a second electrode 130 (¶ 0041; Fig. 1C); and [a direct heating element] 124 (¶¶ 0039-40) contacting the phase change material element 128/112/136/130,
wherein [the direct heating element] 124 abuts each of the first electrical conductor 128 (Fig. 1C), the phase change material element 128/112/136/130 (Figs. 1B, 1C - 128, 136, and 130 all abut 124) and the second electrical conductor 130 (Fig. 1C).
Heiss fails to expressly disclose that the direct heating element comprises an ionic resistance change material.
In the same field of endeavor, Gong (Fig. 6) discloses a direct heating element 132 (¶ 0039) contacting phase change material 142 (¶ 0042) and switching electrode 106 (¶ 0031), the direct heating element 132 comprising an ionic resistance change material (¶ 0039). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the direct heating element of Heiss to include the material and switching electrode of Gong for the purpose of reducing reset current of the phase change material element (Gong, ¶ 0025).
Regarding claim 2, Heiss and Gong disclose the PCM switch of claim 1, the combination discloses further comprising a switching electrode 106 (Gong, Fig. 6; ¶ 0031) contacting the ionic resistance change material 132 (Gong, Fig. 6) such that the ionic resistance change material is disposed between the phase change material element 128/112/136/130 (Heiss, Fig. 1B-1C) and the switching electrode 106 (Gong, Fig. 6).
Regarding claim 3, Heiss and Gong disclose the PCM switch of claim 2, wherein the first electrode 128 and the second electrode 130 comprise an oxidizable metal (Heiss, ¶ 0041 - Cu) and the switching electrode 106 comprises an inert metal (Gong, ¶ 0031 - Au).
Regarding claim 4, Heiss and Gong disclose the PCM switch of claim 3, wherein: the ionic resistance change material comprises a high resistance state and a low resistance state, and the ionic resistance change material is configured to switch from the high resistance state to the low resistance state in response to a positive voltage applied to the first electrode and the second electrode and a negative voltage applied to the switching electrode (these limitations are considered claimed properties or functions). Heiss and Gong disclose the structure as recited in the claim as currently drafted, thus the structure is presumed to possess the claimed properties or functions of the recited structure. MPEP § 2112.01(I).
Regarding claim 5, Heiss and Gong disclose the PCM switch of claim 4, wherein the ionic resistance change material comprises conducting metal filaments in the low resistance state (Gong, ¶ 0039), and wherein the ionic resistance change material comprises dissolved metal ions in the high resistance state (this limitation is considered a claimed property or function). Heiss and Gong disclose the structure as recited in the claim as currently drafted, thus the structure is presumed to possess the claimed properties or functions of the recited structure. MPEP § 2112.01(I).
Regarding claim 6, Heiss and Gong disclose the PCM switch of claim 5, wherein the ionic resistance change material is configured: to generate heat within the ionic resistance change material due to Ohmic loss in the low resistance state (Gong, ¶ 0017; Heiss, ¶ 0039); and to transfer the heat to the phase change material element through direct contact between the ionic resistance change material (Gong, Fig. 6 - 132; Heiss, Fig. 1B - 124 in direct contact with 136/112) and the phase change material element 128/112/136/130 (Heiss, Fig. 1B).
Regarding claim 7, Heiss and Gong disclose the PCM switch of claim 2, wherein the switching electrode 106 comprises an oxidizable metal (Gong, ¶ 0031 - Cu). Heiss and Gong do not expressly disclose the first electrode 128 and the second electrode 130 comprise an inert metal, however Gong does disclose conductive materials suitable for use in electrodes including inert metal such as Au and Pt (¶ 0031). Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide an inert metal in the first electrode and second electrode for the purpose of providing an art-recognized alternative electrode material that is resistant to degradation.
Regarding claim 8, Heiss and Gong disclose the PCM switch of claim 7, wherein: the ionic resistance change material comprises a high resistance state and a low resistance state, and the ionic resistance change material is configured to switch from the high resistance state to the low resistance state in response to a negative voltage applied to the first electrode and the second electrode and a positive voltage applied to the switching electrode (these limitations are considered claimed properties or functions). Heiss and Gong disclose the structure as recited in the claim as currently drafted, thus the structure of Heiss and Gong is presumed to possess the claimed properties or functions of the recited structure. MPEP § 2112.01(I).
Regarding claim 9, Heiss and Gong disclose the PCM switch of claim 8, wherein the ionic resistance change material comprises conducting metal filaments in the low resistance state (Gong, ¶ 0039), and wherein the ionic resistance change material comprises dissolved metal ions in the high resistance state (this limitation is considered a claimed property or function). Heiss and Gong disclose the structure as recited in the claim as currently drafted, thus the structure is presumed to possess the claimed properties or functions of the recited structure. MPEP § 2112.01(I).
Regarding claim 10, Heiss and Gong disclose the PCM switch of claim 9, wherein the ionic resistance change material is configured: to generate heat within the ionic resistance change material due to Ohmic loss in the low resistance state (Gong, ¶ 0017; Heiss, ¶ 0039); and to transfer the heat to the phase change material element through direct contact between the ionic resistance change material (Gong, Fig. 6 - 132; Heiss, Fig. 1B - 124 in direct contact with 136/112) and the phase change material element 128/112/136/130 (Heiss, Fig. 1B-1C).
Regarding claim 11, Heiss and Gong disclose the PCM switch of claim 1, wherein the phase change material element 128/112/136/130 (Heiss, Fig. 1B-1C) comprises at least one of a germanium telluride compound, an antimony telluride compound, a germanium antimony telluride compound, a germanium antimony compound, an indium germanium telluride compound, an aluminum selenium telluride compound, an indium selenium telluride compound, or an aluminum indium selenium telluride compound (Heiss, ¶ 0037).
Regarding claim 12 Heiss and Gong disclose the PCM switch of claim 1, wherein the ionic resistance change material comprises one or more of AgI, an Ag-polymer, Ag.sub.2+δS, Cu.sub.2−δS, Cu.sub.2−δO, Ag—AsS.sub.x, Ag—GeSe.sub.x, Cu—GeSe.sub.x, Ag—GeS.sub.x, Cu—GeS.sub.x, Cu—GeTe, Cu-TCNQ, a-Si, SiO.sub.2, Al.sub.2O.sub.3, WO.sub.3, Ta.sub.2O.sub.5, TiO.sub.2, GeO.sub.x, ZrO.sub.2, HfO.sub.2, graphene oxide, Si.sub.3N.sub.4, AlN, and MSQ (Gong, ¶ 0039 - SiO2, Al2O3).
Heiss and Gong fail to expressly disclose that the ionic resistance charge material also comprises Cu or Ag or a Cu/Ag-containing material. However, Gong discloses a conductive filament formed in the ionic resistance charging material (¶ 0039) and that switching electrode 106 may be formed from Cu (¶ 0031). Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention that the conductive filament formed in the ionic resistance charge material would be formed from the metal ions from electrode 106, i.e. Cu, for the purpose of providing a conductive bridge filament in an art-recognized manner (see ¶ 0017), and thus the ionic resistance charge material would also comprise Cu combined with the materials disclosed at ¶ 0039 of Gong.
Regarding claim 13, Heiss and Gong disclose the PCM switch of claim 1, wherein the phase change material element comprises a material having a thermal conductivity in a range from approximately 2.5 W/mK to approximately 10 W/mK (this limitation is considered a claimed property or function). Heiss and Gong disclose the structure as recited in the claim as currently drafted, thus the structure is presumed to possess the claimed properties or functions of the recited structure. MPEP § 2112.01(I).
Regarding claim 14, Heiss and Gong disclose the PCM switch of claim 1, wherein the phase change material element is configured to switch from an electrically conducting phase to an electrically insulating phase within a time that is approximately 5.0×10.sup.−7 sec or less (this limitation is considered a claimed property or function). Heiss and Gong disclose the structure as recited in the claim as currently drafted, thus the structure is presumed to possess the claimed properties or functions of the recited structure. MPEP § 2112.01(I).
Regarding independent claim 15, Heiss (Figs. 1A-1C) discloses a phase change material (PCM) switch, comprising:
a phase change material element 112/136 (¶ 0042; Fig. 1B-1C);
a first electrical conductor 128 (¶ 0041; Fig. 1C) coupled to the phase change material element 112/136 (Fig. 1A, 1C);
a second electrical conductor 130 (¶ 0041; Fig. 1C) coupled to the phase change material element 112/136 (Fig. 1A, 1C);
a direct heating element 124 (¶ 0039-40) contacting the phase change material element 112/136 and configured to supply a heat pulse to the phase change material element (¶ 0039), wherein [the direct heating element] 124 abuts each of the first electrical conductor 128 (Fig. 1C), the phase change material element 112/136 (Figs. 1C - 136 abuts 124) and the second electrical conductor 130 (Fig. 1C); and
wherein the first electrical conductor 128, the second electrical conductor 130, and the phase change material element 112/136, form an RF switch that is switchable from an electrically insulating phase that blocks RF signals to an electrically conducting phase that conducts RF signals (Abstract).
Heiss fails to expressly disclose that the direct heating element comprises an ionic resistance change material; and a switching electrode contacting the ionic resistance change material such that the ionic resistance change material is disposed between the phase change material element and the switching electrode, wherein the ionic resistance change material comprises a high resistance state and a low resistance state.
In the same field of endeavor, Gong (Fig. 6) discloses a direct heating element 132 (¶ 0039) comprising an ionic resistance change material (¶ 0039); and a switching electrode 106 (¶ 0031) contacting the ionic resistance change material (Fig. 6) such that the ionic resistance change material is disposed between a phase change material element 142 (¶ 0042) and the switching electrode 106 (Fig. 6), wherein the ionic resistance change material comprises a high resistance state (conductive filament not formed) and a low resistance state (conductive filament formed) (¶ 0017).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the direct heating element 124 of Heiss to include the material and switching electrode of Gong, thus disposing the ionic resistance change material between the phase change material element and the switching electrode, for the purpose of reducing reset current of the phase change material element (Gong, ¶ 0025).
Regarding claim 16, Heiss and Gong disclose the PCM switch of claim 15, wherein: the first electrical conductor 128 and the second electrical conductor 130 comprise an oxidizable metal (Heiss, ¶ 0041 - Cu) and the switching electrode 106 comprises an inert metal (Gong, ¶031 - Au); electrical currents passing through the ionic resistance change material in the low resistance state generate heat within the ionic resistance change material due to Ohmic loss (Gong, ¶ 0017; Heiss, ¶ 0039); and the heat is transferred to the phase change material element 112/136 (Heiss, Fig. 1B) through direct contact with the ionic resistance change material (Gong, Fig. 6 - 132; Heiss, Fig. 1B - heater 124 in direct contact with 136/112).
Regarding claim 17, Heiss and Gong disclose the PCM switch of claim 15, wherein: the switching electrode 106 comprises an oxidizable metal (Gong, ¶ 0031 - Cu), and electrical currents flowing through the ionic resistance change material in the low resistance state generate heat within the ionic resistance change material due to Ohmic loss (Gong, ¶ 0017; Heiss, ¶ 0039); and the heat is transferred to the phase change material element 112/136 (Heiss, Fig. 1B) through direct contact with the ionic resistance change material (Gong, Fig. 6 - 132; Heiss, Fig. 1B - heater 124 in direct contact with 136/112).
Heiss and Gong do not expressly disclose the first electrical conductor 128 and the second electrical conductor 130 comprise an inert metal, however Gong does disclose conductive materials suitable for use in electrodes including inert metal such as Au and Pt (¶ 0031). Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide an inert metal in the first electrode and second electrode for the purpose of providing an art-recognized alternative electrode material that is resistant to degradation.
Regarding independent claim 21, Heiss (Figs. 8A-8C) discloses a phase change material (PCM) switch, comprising:
a phase change material element 148/112/136/148 (¶¶ 0042, 0056) including a first electrical conductor 148 (¶ 0056; Fig. 8C - disposed under 128) and a second electrical conductor 148 (¶ 0056; Fig. 8C - disposed under 128);
a direct heating element 124 (¶ 0039-40) configured to supply a heat pulse to the phase change material element (¶ 0039);
wherein [the direct heating element] 124 abuts each of the first electrical conductor 148 (Fig. 8C disposed under 128), the phase change material element 148/112/136/148 (Fig. 8C - 148 and 136 abut 124) and the second electrical conductor 148 (Fig. 8C - disposed under 130)
and wherein in plan view (Fig. 8A), the direct heating element 124 surrounds the phase change material element 148/112/136/148 (see Figs. 8A, 8C).
Heiss fails to expressly disclose that the direct heating element comprises an ionic resistance change material; and a switching electrode contacting the ionic resistance change material such that the ionic resistance change material is disposed between the phase change material element and the switching electrode.
In the same field of endeavor, Gong (Fig. 6) discloses a direct heating element 132 (¶ 0039) comprising an ionic resistance change material (¶ 0039); and a switching electrode 106 (¶ 0031) contacting the ionic resistance change material (Fig. 6) such that the ionic resistance change material is disposed between a phase change material element 142 (¶ 0042) and the switching electrode 106 (Fig. 6). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the direct heating element 124 of Heiss to include the material and switching electrode of Gong, thus disposing the ionic resistance change material between the phase change material element and the switching electrode, for the purpose of reducing reset current of the phase change material element (Gong, ¶ 0025).
Regarding claim 22, Heiss and Gong disclose the PCM switch of claim 21, Heiss (Fig. 8B) discloses wherein the first electrical conductor 148 (Fig. 8C disposed under 128), the second electrical conductor 148 (Fig. 8C disposed under 130), and the phase change material element 148/112/136/148, form an RF switch that is switchable from an electrically insulating phase that blocks RF signals to an electrically conducting phase that conducts RF signals (Abstract).
Regarding claim 23, Heiss and Gong disclose the PCM switch of claim 21, wherein: electrical currents passing through the ionic resistance change material in the low resistance state generate heat within the ionic resistance change material due to Ohmic loss (Gong, ¶ 0017; Heiss, ¶ 0039); and the heat is transferred to the phase change material element 148/112/136/148 (Heiss, Fig. 8C) through direct contact with the ionic resistance change material (Gong, Fig. 6 - 132; Heiss, Fig. 8C - heater 124 in direct contact with 136/112).
Conclusion
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Candice Y. Chan whose telephone number is (571)272-9013. The examiner can normally be reached 8:30 am - 5 pm ET.
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CANDICE Y. CHAN
Examiner
Art Unit 2813
22 May 2026
/STEVEN B GAUTHIER/ Supervisory Patent Examiner, Art Unit 2813
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