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 1-20 are pending in this application. 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. 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 - 4 , 11 , 12 and 14 are rejected under pre-AIA 35 U.S.C. 102(a)(1) as being anticipated by Haq et al. (US Patent Application Publication No 10,069,064 ) hereinafter referred to as Haq . Per Claim 1 Haq discloses a semiconductor device, (see figure 10A-B ) comprising a substrate (10) w ith a metal line ( bit line, described but shown in figures, see column 5 lines 5-9 ) embedded in the substrate; a dielectric layer ( 80 ) disposed on the substrate (see column 6 lines 16-20 ) ; a bottom electrode via (37) extending through the dielectric layer and landing on a top surface of the metal line (bit line, described but shown in figures, see column 5 lines 5-9) , wherein a lower portion of the bottom electrode via includes a first metal ( 3 6 (or 35 either interpretation meets the claim language-see notes for claim 4 ) ) , and an upper portion of the bottom electrode via includes a second metal ( 3 5 (or 36 either interpretation meets the claim language-see notes for claim 4 ) ) that is different from the first metal; (as described in column 7 lines 15-23) a bottom electrode (41) disposed on a top surface of the bottom electrode via (see fig 10A-B ) a magnetic tunneling junction stack (42, 43, 44) disposed on a top surface of the bottom electrode; and a top electrode (45) disposed on the magnetic tunneling junction stack ( see figures. 10A-B) Per Claim 2 Haq discloses the device of claim 1 (see figure 10A-B ) including where w herein the bottom electrode via includes a diffusion barrier layer (37) covering at least sidewalls of the upper portion of the bottom electrode via. ( see figures. 10A-B) Per Claim 3 Haq discloses the device of claim 1 (see figure 10A-B ) including where the first metal (36 can be Ni, NiCr , Ru, or NiFeCr as described in ( column 7 , lines 18-20 ); Ni has resistivity 6.16 x 10-8 Ohm-m at 273K) has a lower resistivity than the second metal (35 can be Ta, TaN , Ti, TiN , as described in ( column 7 , lines 15-18 ), Ti has resistivity is 39 x 10-8 Ohm-m at 273K, hence the limitation is anticipated. CRC Handbook ( " Electrical Resistivity of Pure Elemental Metals ," in CRC Handbook of Chemistry and Physics, 106th Edition (Internet Version 2025), John R. Rumble, ed., CRC Press/Taylor & Francis, Boca Raton, FL. ) is provided as a reference) Per Claim 4 Haq discloses the device of claim 1 (see figure 10A-B ) including where the first metal (35) has a first thickness (t1) , and the second metal (36) has a second thickness (t2) that is smaller than the first thickness. (Note, the second interpretation of the first metal (35) and second metal (36) of claim 1 is used here.) Per Claim 1 1 Haq discloses a memory device, (see figure 10A-B ) comprising a bottom electrode via (37) including a lower portion and an upper portion (as shown in fig. 10A-B) , wherein the lower portion includes a first metal (35) , and the upper portion includes a second metal (36) that is different than the first metal (as described in column 7 lines 15-23) ; a bottom electrode (41) disposed on the bottom electrode via; (see fig 10A-B ) a magnetic tunneling junction stack (42, 43, 44) disposed on the bottom electrode, wherein the magnetic tunneling junction stack includes a lower ferromagnetic layer (42) , a tunneling barrier layer (43) over the lower ferromagnetic layer, and an upper ferromagnetic layer (44) over the tunneling barrier layer; and a top electrode (45) disposed on the magnetic tunneling junction stack. Per Claim 12 Haq discloses the device of claim 1 1 (see figure 10A-B ) including where the first metal (36 can be Ni, NiCr , Ru, or NiFeCr as described in ( column 7 , lines 18-20 ); Ni has resistivity 6.16 x 10-8 Ohm-m at 273K) has a lower resistivity than the second metal (35 can be Ta, TaN , Ti, TiN , as described in ( column 7 , lines 15-18 ), Ti has resistivity is 39 x 10-8 Ohm-m at 273K, hence the limitation is anticipated. CRC Handbook ( " Electrical Resistivity of Pure Elemental Metals ," in CRC Handbook of Chemistry and Physics, 106th Edition (Internet Version 2025), John R. Rumble, ed., CRC Press/Taylor & Francis, Boca Raton, FL. ) is provided as a reference) Per Claim 1 4 Haq discloses the device of claim 1 1 (see figure 10A-B ) including where the first metal (35) has a first thickness (t1) , and the second metal (36) has a second thickness (t2) that is smaller than the first thickness. (Note, the second interpretation of the first metal (35) and second metal (36) of claim 1 is used here.) 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 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 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 of this title, 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. The factual inquiries set forth in Graham v. John Deere Co. , 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under pre-AIA 35 U.S.C. 103(a) are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. 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. Claim 6 is rejected under pre-AIA 35 U.S.C. 103 as being unpatentable over Haq as above . Per Claim 6 Haq discloses the device of claim 4 (see figure 10A-B ) including the second thickness . Haq does not teach where the second thickness is not less than about 120 A Notwithstanding, one of ordinary skill in the art would have been led to the recited dimensions through routine experimentation and optimization. Applicant has not disclosed that the dimensions are for a particular unobvious purpose, produce an unexpected result, or are otherwise critical, and it appears prima facie that the process would possess utility using another dimension. Indeed, it has been held that mere dimensional limitations are prima facie obvious absent a disclosure that the limitations are for a particular unobvious purpose, produce an unexpected result, or are otherwise critical. See, for example, In re Rose , 220 F.2d 459, 105 USPQ 237 (CCPA 1955); In re Rinehart , 531 F.2d 1048, 189 USPQ 143 (CCPA 1976); Gardner v. TEC Systems, Inc ., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984); In re Dailey , 357 F.2d 669, 149 USPQ 47 (CCPA 1966). See also MPEP 2144.04(IV)(B). Allowable Subject Matter Claim 5 , 7-10, 13 and 15-16 objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Claims 17-20 allowed. 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 FILLIN "Examiner name" \* MERGEFORMAT JAMI VALENTINE MILLER whose telephone number is FILLIN "Phone number" \* MERGEFORMAT (571)272-9786 . The examiner can normally be reached on FILLIN "Work Schedule?" \* MERGEFORMAT 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, FILLIN "SPE Name?" \* MERGEFORMAT Eva Montalvo can be reached on FILLIN "SPE Phone?" \* MERGEFORMAT (571) 270-3829 . The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /Jami Valentine Miller/ Primary Examiner, Art Unit 2818