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 .
Election/Restrictions
Applicant’s election without traverse of Species A, Sub-species 1 in the reply filed on 6/11/2026 is acknowledged.
Claims 10, 14-49 and 51 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species and sub-species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 6/11/2026.
Claim Rejections - 35 USC § 102
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.
Claim(s) 1, 7-9, 11-13 and 50 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Aikawa et al (US 2020/0302985; hereinafter Aikawa).
Regarding claim 1, Fig 3 of Aikawa discloses a memory device (10; Fig 3; ¶ [0042]) comprising:
a memory cell (Fig 3) including:
a first conductive layer (21; Fig 3; ¶ [0043]);
a second conductive layer (29; Fig 3; ¶ [0051]);
a third conductive layer (25; Fig 3; ¶ [0048]) provided between the first conductive layer (21; Fig 3; ¶ [0043]) and the second conductive layer (29; Fig 3; ¶ [0051]);
a switching layer (24; Fig 3; ¶ [0047]) provided between the first conductive layer (21; Fig 3; ¶ [0043]) and the third conductive layer (25; Fig 3; ¶ [0048]); and
a variable resistance layer (26/27/28; Fig 3; ¶ [0050]-[0051]) provided between the third conductive layer (25; Fig 3; ¶ [0048]) and the second conductive layer (29; Fig 3; ¶ [0051]);
wherein the switching layer (24; Fig 3; ¶ [0047]) contains antimony (Sb) (¶ [0039]), a second element (¶ [0039]), and an oxide of a first element (¶ [0039]),
the first element (¶ [0039]) is at least one element selected from a group consisting of hafnium (Hf) (¶ [0039]), and
the second element is at least one element selected from a group consisting of carbon (C), boron (B), nitrogen (N), silicon (Si), and tin (Sn) (¶ [0039]).
Regarding claim 7, Fig 3 of Aikawa discloses the switching layer (24; Fig 3; ¶ [0047]) does not contain germanium (Fig 3);
the switching layer does not contain tellurium (Te);
the switching layer does not contain arsenic (As).
Regarding claim 8, Fig 3 of Aikawa discloses the switching layer (24; Fig 3; ¶ [0047]) does not contain germanium (Fig 3);
the switching layer does not contain tellurium (Te);
the switching layer does not contain arsenic (As).
Regarding claim 9, Fig 3 of Aikawa discloses the first conductive layer (21; Fig 3; ¶ [0043]) contains tungsten (¶ [0060]).
Regarding claim 11, Fig 3 of Aikawa discloses the variable resistance layer (26/27/28; Fig 3; ¶ [0050]-[0051]) includes a magnetic tunnel junction (Fig 3; ¶ [0050]-[0051]).
Regarding claim 12, Fig 3 of Aikawa discloses 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. (¶ [0038])
Regarding claim 13, Fig 2 of Aikawa discloses a plurality of first wirings (BL; Fig 2); and a plurality of second wirings (WL; Fig 2) crossing the plurality of first wirings, wherein the memory cell is (Fig 2) provided in a region where one of the plurality of first wirings and one of the plurality of second wirings cross each other (Fig 2).
Regarding claim 20, Fig 3 of Aikawa discloses a memory device (10; Fig 3; ¶ [0042]) comprising:
a memory cell (Fig 3) including:
a first conductive layer (21; Fig 3; ¶ [0043]);
a second conductive layer (29; Fig 3; ¶ [0051]);
a third conductive layer (25; Fig 3; ¶ [0048]) provided between the first conductive layer (21; Fig 3; ¶ [0043]) and the second conductive layer (29; Fig 3; ¶ [0051]);
a switching layer (24; Fig 3; ¶ [0047]) provided between the first conductive layer (21; Fig 3; ¶ [0043]) and the third conductive layer (25; Fig 3; ¶ [0048]); and
a variable resistance layer (26/27/28; Fig 3; ¶ [0050]-[0051]) provided between the third conductive layer (25; Fig 3; ¶ [0048]) and the second conductive layer (29; Fig 3; ¶ [0051]);
wherein the switching layer (24; Fig 3; ¶ [0047]) contains antimony (Sb) (¶ [0039]), a second element (¶ [0039]), and an oxide of a first element (¶ [0039]),
the first element (¶ [0039]) is at least one element selected from a group consisting of hafnium (Hf) (¶ [0039]), and
the second element is at least one element selected from a group consisting of carbon (C), boron (B), nitrogen (N), silicon (Si), and tin (Sn) (¶ [0039]).
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) 2-3 are rejected under 35 U.S.C. 103 as being unpatentable over Aikawa et al (US 2020/; hereinafter Aikawa) in view of Vaziri et al (US 2023/0240081; hereinafter Vaziri).
Regarding claim 2, Aikawa does not expressly disclose a sum of an atomic concentration of the first element contained in the switching layer and an atomic concentration of oxygen (O) contained in the switching layer is equal to or more than 20 atomic % to or less than 95 atomic %.
In the same field of endeavor, Vaziri discloses atomic percentages of the elements and oxygen contained in a switching layer is in a range from 40% to 70% (¶ [0018]).
Accordingly it would have been obvious to the person in the ordinary skill in the art before the effective filing date of the invention such that a sum of an atomic concentration of the first element contained in the switching layer and an atomic concentration of oxygen (O) contained in the switching layer is within the claimed range for the purpose of forming a highly non-linear switching material that is, when applying voltage or passing current, at some point the electrical resistance of the material abruptly non-linearly drops for increasing voltage/current, and when the voltage or current is removed (for volatile switches) the resistance goes back to the high resistance state. (¶ [0018]).
Regarding claim 3, Aikawa does not expressly disclose an atomic concentration of antimony (Sb) contained in the switching layer is equal to or more than 1 atomic %.
In the same field of endeavor, Vaziri discloses an atomic concentration of Sb is a range of 10% to 40% (¶ [0018]).
Accordingly it would have been obvious to the person in the ordinary skill in the art before the effective filing date of the invention such that an atomic concentration of antimony (Sb) contained in the switching layer is equal to or more than 1 atomic % in order to include a chalcogenide material in the switching material as it helps in forming a highly non-linear switching material that is, when applying voltage or passing current, at some point the electrical resistance of the material abruptly non-linearly drops for increasing voltage/current, and when the voltage or current is removed (for volatile switches) the resistance goes back to the high resistance state. (¶ [0018]).
Claim(s) 4-6 are rejected under 35 U.S.C. 103 as being unpatentable over Aikawa et al (US 2020/0302985; hereinafter Aikawa).
Regarding claim 4, Aikawa discloses the second element such as Boron or carbon or silicon (¶ [0018]) is included in the switching material. Therefore atomic % will be at least equal to 1 atomic % or more. (¶ [0039])
However, the ordinary artisan would have recognized the atomic % of second element to be a result effective variable affecting the switching material which in turn electrical resistance of the material. Thus, it would have been obvious to vary the atomic % within the claimed range, since optimum or workable ranges of such variables are discoverable through routine experimentation. see MPEP 2144.05 II.B
Regarding claim 5, Aikawa discloses the second element such as Boron or carbon or silicon (¶ [0018]) is included in the switching material. Therefore atomic % will be at least equal to 1 atomic % or more (¶ [0039]) and also the switching material comprises antimony (Sb).
However Aikawa does not expressly disclose a ratio of an atomic concentration of antimony (Sb) to an atomic concentration of the second element in the switching layer is equal to or more than 1/3 and less than 3.
However, the ordinary artisan would have recognized the atomic % of second element and atomic % of antimony to be a result effective variable affecting the switching material which in turn electrical resistance of the material. Thus, it would have been obvious to vary the atomic % within the claimed range, since optimum or workable ranges of such variables are discoverable through routine experimentation. see MPEP 2144.05 II.B
Regarding claim 6, Aikawa discloses the second element such as Boron or carbon or silicon (¶ [0018]) is included in the switching material. Therefore atomic % will be at least equal to 1 atomic % or more (¶ [0039]) and also the switching material comprises antimony (Sb).
However Aikawa does not expressly disclose a ratio of an atomic concentration of antimony (Sb) to an atomic concentration of the second element in the switching layer is equal to or more than 0.8 and equal to or less than 2.
However, the ordinary artisan would have recognized the atomic % of second element and atomic % of antimony to be a result effective variable affecting the switching material which in turn electrical resistance of the material. Thus, it would have been obvious to vary the atomic % within the claimed range, since optimum or workable ranges of such variables are discoverable through routine experimentation. see MPEP 2144.05 II.B
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Furuhashi (US 2020/0303454)
Karpov et al (US 2020/0235163)
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RATISHA MEHTA whose telephone number is (571)270-7473. The examiner can normally be reached Monday-Friday: 9:00am - 5:00 pm.
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/RATISHA MEHTA/Primary Examiner, Art Unit 2817
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