Prosecution Insights
Last updated: April 19, 2026
Application No. 18/380,212

RESISTIVE RANDOM ACCESS MEMORY DEVICE AND FABRICATION METHOD THEREOF

Non-Final OA §103
Filed
Oct 16, 2023
Examiner
KIM, TONG-HO
Art Unit
2811
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
UNITED MICROELECTRONICS CORPORATION
OA Round
1 (Non-Final)
95%
Grant Probability
Favorable
1-2
OA Rounds
1y 10m
To Grant
96%
With Interview

Examiner Intelligence

Grants 95% — above average
95%
Career Allow Rate
991 granted / 1040 resolved
+27.3% vs TC avg
Minimal +0% lift
Without
With
+0.4%
Interview Lift
resolved cases with interview
Fast prosecutor
1y 10m
Avg Prosecution
42 currently pending
Career history
1082
Total Applications
across all art units

Statute-Specific Performance

§103
42.1%
+2.1% vs TC avg
§102
31.5%
-8.5% vs TC avg
§112
8.6%
-31.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1040 resolved cases

Office Action

§103
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 . Information Disclosure Statement The information disclosure statement (IDS) submitted on 2/29/2024 was filed. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. Claim Objections Claim 12 is objected to because of the following informalities: In claim 12, line 1. The limitation of “claim 1” should be corrected into “claim 11”. Appropriate correction is required. Claim Rejections - 35 USC § 103 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(s) 1-4, 9-14 and 19-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chu (US 2018/0375024) in view of Lee (US 2015/0162529), and further in view of Lu (US 2013/0214236). Regarding claim 1, Chu discloses, in at least figures 2-3B and related text, a resistive random access memory device, comprising: a substrate (102, [23]); a dielectric layer (204, [23]) disposed on the substrate (102, [23]); a conductive via (202, [23]) disposed in the dielectric layer (204, [23]); a metal nitride layer (206/208, [24]) disposed on the conductive via (202, [23]); a resistive switching layer (212, [25]) disposed on the metal nitride layer (206/208, [24]); and a metal oxynitride layer (116, [27]) disposed on the resistive switching layer (212, [25]), wherein the metal oxynitride layer (116, [27]) has a gradient concentration along a thickness direction of the metal oxynitride layer (116, [27]) (figures). Chu does not explicitly disclose the metal nitride has a gradient nitrogen concentration along a thickness direction of the metal nitride layer; the metal oxynitride layer has a gradient nitrogen concentration along a thickness direction of the metal oxynitride layer. Lee teaches, in at least figures 1, 3A, and related text, the device comprising the metal nitride (110, [42], [56]) has a gradient nitrogen concentration along a thickness direction (vertical direction, figures) of the metal nitride layer (110, [42], [56]), for the purpose of providing switch element having excellent switching characteristics and reliability ([6]). Lu teaches, in at least figures 4, 4A, and related text, the device comprising the metal oxynitride layer (402, [59], [60]) has a gradient nitrogen concentration along a thickness direction (vertical direction, figures) of the metal oxynitride layer (402, [59], [60]), for the purpose of providing resistive memory (ReRAM) device that can be formed in a single deposition chamber ([43]) thereby reducing cost. Chu, Lee, and Lu are analogous art because they all are directed to semiconductor device and one of ordinary skill in the art would have had a reasonable expectation of success to modify Chu with the specified features of Lee and Lu because they are from the same field of endeavor. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the structure disclosed in Chu to have the metal nitride having a gradient nitrogen concentration along a thickness direction of the metal nitride layer, as taught by Lee and the metal oxynitride layer having a gradient nitrogen concentration along a thickness direction of the metal oxynitride layer, as taught by Lu, for the purpose of providing switch element having excellent switching characteristics and reliability ([6], Lee) and providing resistive memory (ReRAM) device that can be formed in a single deposition chamber ([43], Lu) thereby reducing cost. Regarding claim 2, Chu in view of Lee and Lu discloses the resistive random access memory device according to claim 1 as described above. Chu further discloses, in at least figures 2-3B and related text, the resistive switching layer (212, [25]) comprises a HfO2 layer. Regarding claim 3, Chu in view of Lee and Lu discloses the resistive random access memory device according to claim 1 as described above. Chu further discloses, in at least figures 2-3B, 9, and related text, the HfO2 layer (212 (902), [25], [47]) has a thickness of about 50 angstroms. Regarding claim 4, Chu in view of Lee and Lu discloses the resistive random access memory device according to claim 1 as described above. Lu further teaches, in at least figures 4, 4A, and related text, the metal oxynitride layer (402, [59], [60]) comprises TiOxNy or TaOxNy, wherein x is between 0-1 and y is between 0-1, for the purpose of providing resistive memory (ReRAM) device that can be formed in a single deposition chamber ([43]) thereby reducing cost. Regarding claim 9, Chu in view of Lee and Lu discloses the resistive random access memory device according to claim 1 as described above. Chu further discloses, in at least figures 2-3B and related text, the conductive via (202, [23]) is a tungsten via ([23]). Regarding claim 10, Chu in view of Lee and Lu discloses the resistive random access memory device according to claim 1 as described above. Chu further discloses, in at least figures 2-3B and related text, the conductive via (202, [23]) is in direct contact with the metal nitride layer (206/208, [24]). Regarding claim 11, Chu discloses, in at least figures 2-3B and related text, a method for forming a resistive random access memory device, comprising: providing a substrate (102, [23]); forming a dielectric layer (204, [23]) on the substrate (102, [23]); forming a conductive via (202, [23]) in the dielectric layer (204, [23]); forming a metal nitride layer (206/208, [24]) on the conductive via (202, [23]); forming a resistive switching layer (212, [25]) on the metal nitride layer (206/208, [24]); and forming a metal oxynitride layer (116, [27]) on the resistive switching layer (212, [25]), wherein the metal oxynitride layer (116, [27]) has a gradient concentration along a thickness direction of the metal oxynitride layer (116, [27]) (figures). Chu does not explicitly disclose the metal nitride has a gradient nitrogen concentration along a thickness direction of the metal nitride layer; the metal oxynitride layer has a gradient nitrogen concentration along a thickness direction of the metal oxynitride layer. Lee teaches, in at least figures 1, 3A, and related text, the method comprising the metal nitride (110, [42], [56]) has a gradient nitrogen concentration along a thickness direction (vertical direction, figures) of the metal nitride layer (110, [42], [56]), for the purpose of providing switch element having excellent switching characteristics and reliability ([6]). Lu teaches, in at least figures 4, 4A, and related text, the method comprising the metal oxynitride layer (402, [59], [60]) has a gradient nitrogen concentration along a thickness direction (vertical direction, figures) of the metal oxynitride layer (402, [59], [60]), for the purpose of providing resistive memory (ReRAM) device that can be formed in a single deposition chamber ([43]) thereby reducing cost. Chu, Lee, and Lu are analogous art because they all are directed to method for forming a semiconductor device and one of ordinary skill in the art would have had a reasonable expectation of success to modify Chu with the specified features of Lee and Lu because they are from the same field of endeavor. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the method disclosed in Chu to have the metal nitride having a gradient nitrogen concentration along a thickness direction of the metal nitride layer, as taught by Lee and the metal oxynitride layer having a gradient nitrogen concentration along a thickness direction of the metal oxynitride layer, as taught by Lu, for the purpose of providing switch element having excellent switching characteristics and reliability ([6], Lee) and providing resistive memory (ReRAM) device that can be formed in a single deposition chamber ([43], Lu) thereby reducing cost. Regarding claim 12, Chu in view of Lee and Lu discloses the method according to claim 1 as described above. Chu further discloses, in at least figures 2-3B and related text, the resistive switching layer (212, [25]) comprises a HfO2 layer. Regarding claim 13, Chu in view of Lee and Lu discloses the method according to claim 12 as described above. Chu further discloses, in at least figures 2-3B, 9, and related text, the HfO2 layer (212 (902), [25], [47]) has a thickness of about 50 angstroms. Regarding claim 14, Chu in view of Lee and Lu discloses the method according to claim 11 as described above. Lu further teaches, in at least figures 4, 4A, and related text, the metal oxynitride layer (402, [59], [60]) comprises TiOxNy or TaOxNy, wherein x is between 0-1 and y is between 0-1, for the purpose of providing resistive memory (ReRAM) device that can be formed in a single deposition chamber ([43]) thereby reducing cost. Regarding claim 19, Chu in view of Lee and Lu discloses the method according to claim 11 as described above. Chu further discloses, in at least figures 2-3B and related text, the conductive via (202, [23]) is a tungsten via ([23]). Regarding claim 20, Chu in view of Lee and Lu discloses the method according to claim 11 as described above. Chu further discloses, in at least figures 2-3B and related text, the conductive via (202, [23]) is in direct contact with the metal nitride layer (206/208, [24]). Allowable Subject Matter Claims 5-6 are 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 because the prior art of record neither anticipates nor render obvious the limitations of the base claims 1 and 5 that recite "an oxygen-rich TiOxNy layer adjacent to the resistive switching layer, wherein x is greater than 0.5 and y is smaller than 0.5" in combination with other elements of the base claims 1 and 5. Claims 7-8 are 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 because the prior art of record neither anticipates nor render obvious the limitations of the base claims 1 and 7 that recite "a nitrogen-rich TiOxNy layer, wherein x is smaller than 0.5 and y is greater than 0.5" in combination with other elements of the base claims 1 and 7. Claims 15-16 are 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 because the prior art of record neither anticipates nor render obvious the limitations of the base claims 11 and 15 that recite "an oxygen-rich TiOxNy layer adjacent to the resistive switching layer, wherein x is greater than 0.5 and y is smaller than 0.5" in combination with other elements of the base claims 11 and 15. Claims 17-18 are 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 because the prior art of record neither anticipates nor render obvious the limitations of the base claims 11 and 17 that recite "a nitrogen-rich TiOxNy layer, wherein x is smaller than 0.5 and y is greater than 0.5" in combination with other elements of the base claims 11 and 17. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Any inquiry concerning this communication or earlier communications from the examiner should be directed to TONG-HO KIM whose telephone number is (571)270-0276. The examiner can normally be reached Monday thru Friday; 8:30 AM to 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, Lynne Gurley can be reached at 571-272-1670. 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. /TONG-HO KIM/Primary Examiner, Art Unit 2811
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Prosecution Timeline

Oct 16, 2023
Application Filed
Jan 05, 2026
Non-Final Rejection — §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
95%
Grant Probability
96%
With Interview (+0.4%)
1y 10m
Median Time to Grant
Low
PTA Risk
Based on 1040 resolved cases by this examiner. Grant probability derived from career allow rate.

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