Prosecution Insights
Last updated: April 19, 2026
Application No. 18/476,635

MEMORY DEVICE

Non-Final OA §103
Filed
Sep 28, 2023
Examiner
OH, JAEHWAN
Art Unit
2899
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Kioxia Corporation
OA Round
1 (Non-Final)
85%
Grant Probability
Favorable
1-2
OA Rounds
2y 4m
To Grant
95%
With Interview

Examiner Intelligence

Grants 85% — above average
85%
Career Allow Rate
555 granted / 656 resolved
+16.6% vs TC avg
Moderate +10% lift
Without
With
+10.4%
Interview Lift
resolved cases with interview
Typical timeline
2y 4m
Avg Prosecution
23 currently pending
Career history
679
Total Applications
across all art units

Statute-Specific Performance

§101
0.9%
-39.1% vs TC avg
§103
47.4%
+7.4% vs TC avg
§102
36.8%
-3.2% vs TC avg
§112
7.4%
-32.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 656 resolved cases

Office Action

§103
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . DETAILED ACTION Claim Rejections - 35 USC § 103 1. The following is a quotation of 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action: (a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102 of this title, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negatived by the manner in which the invention was made. 2. Claim 1, 14-16, 18, 20, 22-23, 25, 53-54 rejected under 35 U.S.C. 103(a) as being unpatentable over YANG et al. (U.S. Patent Application Publication 2023/0091136, hereinafter referred to as YANG) in view of KIM et al. (U.S. Patent Application Publication 2020/0098988, hereinafter referred to as KIM). As to claim 1, YANG teaches 1. A memory device, comprising: a memory cell [please see Fig. 8 for example] including: a first conductive layer; a second conductive layer; a third conductive layer provided between the first conductive layer and the second conductive layer; a switching layer provided between the first conductive layer and the third conductive layer; and a variable resistance layer provided between the third conductive layer and the second conductive layer [see BE, ME, TE, 140, and 124 in Fig.8], wherein the switching layer contains antimony (Sb), a second element, and the second element is at least one element selected from a group consisting of aluminum (Al), zinc (Zn), and gallium (Ga). […The switching material layer 2 may include a chalcogenide-based switching material and the chalcogenide-based switching material may include: a chalcogenide material including Ge, Sb, and Se; and a dopant, and the dopant may include at least one metal or metalloid element selected from In, Al, Sr, and Si, an oxide of the metal or metalloid element …¶0061] YANG may not explicitly teach an oxide of a first element, the first element is at least one element selected from a group consisting of zirconium (Zr), hafnium (Hf), yttrium (Y), tantalum (Ta), lanthanum (La), cerium (Ce), magnesium (Mg)memory, and titanium (Ti). […an oxide of the metal or metalloid element …¶0061] KIM teaches this limitation […When the switching pattern 12 is a Metal Insulator Transition (MIT) element, the switching pattern 12 may include VO.sub.2, NbO.sub.2, TiO.sub.2, WO.sub.2, TiO.sub.2, or a combination thereof… ¶0037 for example] Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to combine the teachings of YANG and KIM to “use the metal oxide" in YANG according to KIM, for the further advantage of “utilizing known switching material”. […Each of the memory elements M11 to M33 may include a memory pattern as a storage node for storing data. For example, the memory elements M11 to M33 may include a resistive material, a Magnetic Tunnel Junction (MTJ), or a variable resistance material such as a phase-change material. Each of the selection elements S11 to S33 may be configured to select the corresponding memory cell MC and include a switching material. The selection elements S11 to S33 may each include, for example, a diode, a PNP diode, a Bipolar Junction Transistor (BJT), a Metal Insulator Transition (MIT) element, a Mixed Ionic-Electronic Conducting (MIEC) element, an Ovonic Threshold Switching (OTS) element, or a combination thereof….¶0019] Generally, differences material properties will not support the patentability of subject matter encompassed by the prior art unless there is evidence indicating such properties are critical. "[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). As to claim 14, YANG and KIM teaches 14. The memory device according to claim 1, wherein, in the switching layer, antimony (Sb) is amorphous. [¶0031 Yang] As to claim 15, YANG and KIM teaches 15. The memory device according to claim 1, wherein the switching layer contains an oxide of the second element. [¶0011 Yang] As to claim 16, YANG and KIM teaches 16. The memory device according to claim 1, wherein the switching layer contains oxygen (O) in excess of a stoichiometric composition of the oxide of the first element. [¶0075 Yang] As to claim 18, YANG and KIM teaches 18. The memory device according to claim 1, wherein the first conductive layer, the second conductive layer, or the third conductive layer contains at least one material selected from a group consisting of carbon, carbon nitride, tungsten, tungsten carbide, and tungsten nitride. [¶0059 Yang] As to claim 20, YANG and KIM teaches 20. The memory device according to claim 1, wherein the variable resistance layer includes a magnetic tunnel junction. [¶0019 Kim] As to claim 22, YANG and KIM teaches 22. The memory device according to claim 1, further comprising: a plurality of first wirings; and a plurality of second wirings crossing the plurality of first wirings, wherein the memory cell is provided in a region where one of the plurality of first wirings and one of the plurality of second wirings cross each other. [Fig.7 Yang] As to claim 23, YANG and KIM teaches 23. A memory device, comprising: a memory cell including: a first conductive layer; a second conductive layer; and a memory layer provided between the first conductive layer and the second conductive layer, wherein the memory layer contains antimony (Sb), a second element, and an oxide of a first element, the first element is at least one element selected from a group consisting of zirconium (Zr), hafnium (Hf), yttrium (Y), tantalum (Ta), lanthanum (La), cerium (Ce),magnesium (Mg) , and titanium (Ti) , and the second element is at least one element selected from a group consisting of aluminum (Al), zinc (Zn), and gallium (Ga). [see rejection claim 1] As to claim 25, YANG and KIM teaches 25. The memory device according to claim 23, further comprising: a plurality of first wirings; and a plurality of second wirings crossing the plurality of first wirings, wherein the memory cell is provided in a region where one of the plurality of first wirings and one of the plurality of second wirings cross each other. [Fig.7 Yang] As to claim 53, YANG and KIM teaches 53. A memory device, comprising: a memory cell including: a first conductive layer; a second conductive layer; a third conductive layer provided between the first conductive layer and the second conductive layer; a switching layer provided between the first conductive layer and the third conductive layer; and a variable resistance layer provided between the third conductive layer and the second conductive layer, wherein the switching layer contains antimony (Sb), a second element, and an oxide of a first element, the first element is at least one element selected from a group consisting of zirconium (Zr), hafnium (Hf), yttrium (Y), scandium (Sc), tantalum (Ta), niobium (Nb), vanadium (V), lanthanum (La), cerium (Ce), magnesium (Mg),and titanium (Ti), and the second element is at least one element selected from a group consisting of aluminum (Al), zinc (Zn), and gallium (Ga). [see rejection claim 1] As to claim 54, YANG and KIM teaches 54. A memory device, comprising: a memory cell including: a first conductive layer; a second conductive layer; and a memory layer provided between the first conductive layer and the second conductive layer, wherein the memory layer contains antimony (Sb), a second element, and an oxide of a first element, the first element is at least one element selected from a group consisting of zirconium (Zr), hafnium (Hf), yttrium (Y), scandium (Sc), tantalum (Ta), niobium (Nb), vanadium (V), lanthanum (La), cerium (Ce), magnesium (Mg),and titanium (Ti), and the second element is at least one element selected from a group consisting of aluminum (Al), zinc (Zn), and gallium (Ga). [see rejection claim 1] 3. Claim 17 rejected under 35 U.S.C. 103(a) as being unpatentable over YANG in view of Kim further in view of DAIBOU et al. (U.S. Patent Application Publication 2021/0296585, hereinafter referred to as DAIBOU). As to claim 17, YANG and KIM may not teach 17. The memory device according to claim 1, wherein at least a part of the oxide is crystalline. DAIBOU teaches this limitation [¶0044 DAIBOU] Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to combine the teachings of YANG and KIM and DAIBOU to “use the metal oxide" in YANG and KIM according to DAIBOU, for the further advantage of “utilizing known switching material that has crystalline structure”. […The switching layer 4 made of the Bi-AO material, the Bi compound, or the Bi compound-AO material as described above preferably has the microcrystal structure or the amorphous structure to homogenize the film properties…¶0044] 4. Claim 19 rejected under 35 U.S.C. 103(a) as being unpatentable over YANG in view of Kim further in view of Chi et al. (U.S. Patent Application Publication 2014/0124725, hereinafter referred to as Chi). As to claim 19, YANG and KIM may not teach 19. The memory device according to claim 1, wherein the first conductive layer, the second conductive layer, or the third conductive layer contains at least one material selected from a group consisting of hafnium, hafnium boride, magnesium aluminum boride, zirconium, zirconium boride, and titanium boride. Chi teaches this limitation […In some embodiments, electrode layers 102 and/or 104 include a metal, metal alloy, metal nitride or metal carbide formed from one or more of titanium (Ti), tungsten (W), tantalum (Ta), cobalt (Co), molybdenum (Mo), nickel (Ni), vanadium (V), hafnium (Hf) aluminum (Al), copper (Cu), platinum (Pt), palladium (Pd), iridium (Ir), ruthenium (Ru), and combination thereof. …¶0063 Chi] Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to combine the teachings of YANG and KIM and Chi to “use the metal known" in YANG and KIM according to Chi, for the further advantage of “utilizing known conductive material”. […Electrode layers 102 and 104 may include a metal, such as a transition metal, transition metal alloy, transition metal carbide, transition metal nitride (e.g., TiN). Intermediate electrode layer 406 may include a heavily doped semiconductor material, such as a heavily doped silicon material (e.g., n-type polysilicon material) that interfaces well with current steering element 408. …¶0044] 5. Claim 21, 24 rejected under 35 U.S.C. 103(a) as being unpatentable over YANG in view of Kim further in view of Wei (U.S. Patent Application Publication 2021/0313393, hereinafter referred to as Wei). As to claim 21, YANG and KIM may not teach 21. The memory device according to claim 1, wherein an electrical resistance of the variable resistance layer changes with application of a predetermined voltage, and the switching layer has a nonlinear current-voltage characteristic, and a current increases at a specific threshold voltage in the nonlinear current-voltage characteristic. Wei teaches this limitation [¶0042 Wei] Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to combine the teachings of YANG and KIM and Wei to “use the variable resistance layer " in YANG and KIM according to Wei, for the further advantage of “utilizing known electrical characteristics”. […Initially, the selectors 104 are in a high resistance state as the current gradually increases with the applied voltage from zero to near a threshold voltage, V.sub.th. At or near V.sub.th, the current rapidly increases and exhibits a highly non-linear behavior, indicating a transition from the high resistance state to a conductive state for the selectors 104.. …¶0042] As to claim 24, YANG and KIM and Wei teaches 24. The memory device according to claim 23, wherein the memory layer has a nonlinear current- voltage characteristic, a current increases at a specific threshold voltage in the nonlinear current-voltage characteristic, and the threshold voltage changes with application of a predetermined voltage. [¶0042 Wei] 6. Claim 26-27, 40-44, 48-50, 52 rejected under 35 U.S.C. 103(a) as being unpatentable over YANG et al. (U.S. Patent Application Publication 2023/0091136, hereinafter referred to as YANG) in view of DAIBOU et al. (U.S. Patent Application Publication 2021/0296585, hereinafter referred to as DAIBOU). As to claim 26, YANG teaches 26. A memory device, comprising: a memory cell including: a first conductive layer; a second conductive layer; a third conductive layer provided between the first conductive layer and the second conductive layer; a switching layer provided between the first conductive layer and the third conductive layer; and a variable resistance layer provided between the third conductive layer and the second conductive layer, wherein the switching layer contains antimony (Sb), a first element. [see Fig.8; ¶0061] YANG may not explicitly teach an oxide of aluminum (Al), the first element is at least one element selected from a group consisting of zinc (Zn) and gallium (Ga). DAIBOU teaches this limitation […In the switching device 1 of the second embodiment, the switching layer 4 is made of a material containing bismuth (Bi) and at least one selected from the group consisting of silicon oxide (SiO), aluminum oxide (AlO), zirconium oxide (ZrO), and gallium oxide (GaO)… ¶0035 for example] Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to combine the teachings of YANG and DAIBOU to “use the known oxide" in YANG according to DAIBOU, for the further advantage of “utilizing known switching material”. […As mentioned above, the switching properties are thought to be derived from the electrical conduction mechanism through localized states in the band gap due to the amorphous structure, as an example. The switching layer 4 made of the Bi-AO material thereby exhibits the property of transitioning between the high resistance state and the low resistance state (switching properties) based on the threshold value (Vth) of the voltage…¶0035] As to claim 27, YANG and DAIBOU teaches 27. The memory device according to claim 26, wherein the switching layer further contains an oxide of a second element, and the second element is at least one element selected from a group consisting of zirconium (Zr), hafnium (Hf), yttrium (Y), scandium (Sc), tantalum (Ta), niobium (Nb), vanadium (V), lanthanum (La), cerium (Ce), magnesium (Mg),and titanium (Ti). [¶0035 DAIBOU] As to claim 40, YANG and DAIBOU teaches 40. The memory device according to claim 26, wherein, in the switching layer, antimony (Sb) is amorphous. [¶0035 DAIBOU] As to claim 41, YANG and DAIBOU teaches 41. The memory device according to claim 26, wherein the switching layer contains an oxide of the first element. [¶0035 DAIBOU] As to claim 43, YANG and DAIBOU teaches 43. The memory device according to claim 26, wherein at least a part of the oxide is crystalline. [¶0044 DAIBOU] As to claim 44, YANG and DAIBOU teaches 44. The memory device according to claim 26, wherein the first conductive layer, the second conductive layer, or the third conductive layer contains at least one material selected from a group consisting of carbon, carbon nitride, tungsten, tungsten carbide, and tungsten nitride. [¶0059 Yang] As to claim 48, YANG and DAIBOU teaches 48. The memory device according to claim 26, further comprising: a plurality of first wirings; and a plurality of second wirings crossing the plurality of first wirings, wherein the memory cell is provided in a region where one of the plurality of first wirings and one of the plurality of second wirings cross each other. [Fig. 7 Yang] As to claim 49, YANG and DAIBOU teaches 49. A memory device, comprising: a memory cell including: a first conductive layer; a second conductive layer; and a memory layer provided between the first conductive layer and the second conductive layer, wherein the memory layer contains antimony (Sb), a first element, and an oxide of aluminum (Al), and the first element is at least one element selected from a group consisting of zinc (Zn) and gallium (Ga). As to claim 50, YANG and DAIBOU teaches 50. The memory device according to claim 49, wherein the memory layer further contains an oxide of a second element, and the second element is at least one element selected from a group consisting of zirconium (Zr), hafnium (Hf), yttrium (Y), scandium (Sc), tantalum (Ta), niobium (Nb), vanadium (V), lanthanum (La), cerium (Ce), magnesium (Mg), and titanium (Ti). [¶0035 DAIBOU] As to claim 52, YANG and DAIBOU teaches 52. The memory device according to claim 49, further comprising: a plurality of first wirings; and a plurality of second wirings crossing the plurality of first wirings, wherein the memory cell is provided in a region where one of the plurality of first wirings and one of the plurality of second wirings cross each other. [Fig. 7 Yang] 7. Claim 45 rejected under 35 U.S.C. 103(a) as being unpatentable over YANG et in view of DAIBOU further in view of Chi. As to claim 45, YANG and DAIBOU may not teach 45. The memory device according to claim 26, wherein the first conductive layer, the second conductive layer, or the third conductive layer contains at least one material selected from a group consisting of hafnium, hafnium boride, magnesium aluminum boride, zirconium, zirconium boride, and titanium boride. Chi teaches this limitation [¶0063 Chi] 8. Claim 46 rejected under 35 U.S.C. 103(a) as being unpatentable over YANG in view of DAIBOU further in view of Chi further in view of Kim. As to claim 46, YANG and DAIBOU and Chi may not teach 46. The memory device according to claim 26, wherein the variable resistance layer includes a magnetic tunnel junction. Kim teaches this limitation [Kim ¶0019] 9. Claim 47, 51 rejected under 35 U.S.C. 103(a) as being unpatentable over YANG et in view of DAIBOU further in view of Wei. As to claim 47, YANG and DAIBOU may not teach 47. The memory device according to claim 26, wherein an electrical resistance of the variable resistance layer changes with application of a predetermined voltage, and the switching layer has a nonlinear current-voltage characteristic, and a current increases at a specific threshold voltage in the nonlinear current-voltage characteristic. Wei teaches this limitation [Wei ¶0042] As to claim 51, YANG and DAIBOU and Wei teach 51. The memory device according to claim 49, wherein the memory layer has a nonlinear current- voltage characteristic, a current increases at a specific threshold voltage in the nonlinear current-voltage characteristic, and the threshold voltage changes with application of a predetermined voltage. [Wei ¶0042] Allowable Subject Matter Claim 2-13, 28-39, 42 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. Conclusion Claims 1, 14-27, 40-41, 43-54 are rejected as explained above. The prior art made of record in the PTO-892 form 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 JAEHWAN OH whose telephone number is (571) 270-5800. The examiner can normally be reached on Monday - Friday 9:00 AM-5:00PM. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brent Fairbanks can be reached on 408-918-7532. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /JAEHWAN OH/ Primary Examiner, Art Unit 2899
Read full office action

Prosecution Timeline

Sep 28, 2023
Application Filed
Mar 05, 2026
Non-Final Rejection — §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
85%
Grant Probability
95%
With Interview (+10.4%)
2y 4m
Median Time to Grant
Low
PTA Risk
Based on 656 resolved cases by this examiner. Grant probability derived from career allow rate.

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