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 .
DETAILED ACTION
This action is responsive to the application No. 18/478,318 filed on December 30, 2025.
Priority
3. Receipt is acknowledged of papers submitted under 35 U.S.C. 119(a)-(d), which papers have been placed of record in the file.
Information Disclosure Statement
4. Acknowledgement is made of Applicant’s Information Disclosure Statement (IDS) form PTO-1449. These IDS has been considered.
Election/Restrictions
5. Applicant’s election with traverse of claims 1-11, Group I, drawn to device, Species I, in the reply filed on 12/30/2025 is acknowledged.
6. Claims 12-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to nonelected method claims, Group II, there being no allowable generic or linking claim.
7. Applicant timely traversed the restriction (election) requirement in the reply filed on 12/30/2025. The applicant states reason (s) on traversal on if serious burden occurs while searching and examining, but the applicant has failed to state the reason (s) why the restriction is inappropriate. It is noted that the device/method includes at least two different inventions wherein only one of the inventions is considered for examining per each application. Because the different inventions comprise different drawing structures/claims that impose burden to the examiner for creating different search strategies; searching various CPC symbols, non-patent languages (NPLs) and text searches that require extra amount of search time. Therefore, the remark with respect to the restriction requirement was not found not persuasive, and the restriction requirement is still deemed proper and is therefore made FINAL.
Specification
8. The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
The following title is suggested: “MAGNETIC MEMORY DEVICE COMPRISING DIFFERENT MAGNETIC PATTERNS AND METHOD OF FABRICATING THE SAME”.
Claim Objections
9. Claims 10-11 are objected to because of the following informalities: In the following, the claims should be recited to avoid indefiniteness due to lack of antecedent basis, and/or perform proper alignment along with the prior claim languages/phrases:
10. (Currently Amended) The magnetic memory device of claim 9, wherein
the data storage structure is on the second lower interlayer insulating layer,
the second lower interlayer insulating layer has recessed portion at first and second sides of the data storage structure, and
the lowermost surface of the recessed portion of the second lower interlayer insulating layer is below a top surface of the lower contact plug.
11. (Currently Amended) The magnetic memory device of claim 10, wherein
the substrate comprises a cell region and a peripheral region,
the lower interconnection line, the lower contact plug, the data storage structure, and upper interconnection line are on the cell region,
the first lower interlayer insulating layer, the second lower interlayer insulating layer, and the lower insulating layer cover the cell region and the peripheral region, and
a top surface of the second lower interlayer insulating layer on the peripheral region is lower than the lowermost surface of the recessed portion of the second lower interlayer insulating layer on the cell region.
Appropriate corrections are needed.
Claim Rejections - 35 USC § 102
10. 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.
11. 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.
(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.
12. Claims 1, 3-4, 7-11 are rejected under 35 U.S.C. 102(a)(1)/ (a)(2) as being anticipated by Cho et al. (US 2021/0391384 A1).
Regarding independent claim 1, Cho et al. teaches a magnetic memory device, comprising (Fig. 4):
a substrate (100, para [0026]);
a lower interconnection line (110, para [0031] called lower contact plug) on the substrate (100);
a data storage structure (DS, para [0033]) on the lower interconnection line (110); and
a lower contact plug (120, para [0032] called 2nd lower contact plug) between the lower interconnection line (110) and the data storage structure (DS) and extended in a first direction (Y-direction or vertical direction) perpendicular to a top surface (upper surface) of the substrate (100) to connect the lower interconnection line (110) to the data storage structure (DS),
wherein an upper portion (see the annotated figure below: Fig. 4) of the lower contact plug (120) has a first width (see the annotated figure below, W1) in a second direction (X-direction or horizontal direction) parallel to the top surface (upper surface) of the substrate (100),
a lower portion (see the annotated figure below: Fig. 4) of the lower contact plug (120) has a second width (see the annotated figure below, W2) in the second direction (X-direction or horizontal direction), and
the first width (W1) is larger (W1>W2) than the second width (W2).
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Regarding claim 3, Cho et al. teaches wherein (Fig. 4), the data storage structure (DS) comprises a bottom electrode (BE, para [0033]), a magnetic tunnel junction pattern (MTJ, para [0033]), and a top electrode (TE, para [0033]) that are sequentially stacked on the lower contact plug (120).
Regarding claim 4, Cho et al. teaches wherein (Fig. 4), the magnetic tunnel junction pattern (MTJ) comprises a first magnetic pattern (MP1, para [0035]), a second magnetic pattern (MP2, para [0035]), and a tunnel barrier pattern (TBP, para [0035]) between the first (MP1) and the second (MP2) magnetic patterns.
Regarding claim 7, Cho et al. teaches wherein (Fig. 4), further comprising:
an upper interconnection line (130, para [0047] called cell interconnection structure) on the data storage structure (DS) and connected to the data storage structure (DS).
Regarding claim 8, Cho et al. teaches wherein (Fig. 4), a bottom surface of the lower contact plug (120) is in direct contact with the lower interconnection line (110).
Regarding claim 9, Cho et al. teaches wherein (Fig. 4), further comprising:
a first lower interlayer insulating layer (102, para [0062]) on the substrate (100) to cover the lower interconnection line (110);
a lower insulating layer (104) on the first lower interlayer insulating layer (102) to cover a top surface of the lower interconnection line (110); and
a second lower interlayer insulating layer (106, para [0064]) on the lower insulating layer (104),
wherein the lower contact plug (120) penetrates the second lower interlayer insulating layer (106) and the lower insulating layer (104), and the lower contact plug (120) is connected to the lower interconnection line (110).
Regarding claim 10, Cho et al. teaches wherein (Fig. 4), the data storage structure (DS) is on the second lower interlayer insulating layer (106),
the second lower interlayer insulating layer (106) has recessed portion (106R, para [0045]) at first (left side) and second (right side) sides of the data storage structure (DS), and
the lowermost surface of the recessed portion (106R) of the second lower interlayer insulating layer (106) is below a top surface of the lower contact plug (120).
Regarding claim 11, Cho et al. teaches wherein (Fig. 4), the substrate (100, para [0026]) comprises a cell region (CR, para [0026]) and a peripheral region (PR, para [0026]),
the lower interconnection line (110), the lower contact plug (120), the data storage structure (DS), and upper interconnection line (130) are on the cell region (CR),
the first lower interlayer insulating layer (102), the second lower interlayer insulating layer (106), and the lower insulating layer (104) cover the cell region (CR) and the peripheral region (PR), and
a top surface of the second lower interlayer insulating layer (106) on the peripheral region (106) is lower than the lowermost surface of the recessed portion (106R) of the second lower interlayer insulating layer (106) on the cell region (CR).
Claim Rejections - 35 USC § 103
13. 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.
14. 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.
15. 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.
16. 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 35 U.S.C. 103 are summarized as follows:
a. Determining the scope and contents of the prior art.
b. Ascertaining the differences between the prior art and the claims at issue.
c. Resolving the level of ordinary skill in the pertinent art.
d. Considering objective evidence present in the application indicating obviousness or non-obviousness.
17. Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Cho et al. (US 2021/0391384 A1) as applied to claim 1 above.
Regarding claim 2, Cho et al. teaches all of the limitations of claim 1 from which this claim depends.
Cho et al. discloses a certain ratio between the first width and the second width (i.e. W1/W2) as annotated in the figure of claim 1.
Even Cho et al. is explicitly silent of disclosing, the first width is 1.3 to 1.5 times the second width. It would have been obvious to select intended ‘width ratio’ so that the contact plug remains inclined and to be within the quoted range, to minimize defects with improved electrical characteristics. In addition, to an ordinary artisan practicing the invention, absent evidence of disclosure of criticality for the range giving unexpected results, it is not inventive to discover optimal or workable ranges by routine experimentation. In re Aller, 220 F. 2d 454, 105 USPQ 233, 235 (CCPA 1955). Furthermore, the specification contains no disclosure of either the critical nature of the claimed ratio or any unexpected results arising therefrom. Where patentability is said to be based upon particular chosen ratio or upon another variable recited in a claim, the Applicant must show that the chosen ratio is critical. See In re Woodruff, 919 F.2d 1575, 1578, 16 USPQ 2d 1934, 1936 (Fed. Cir. 1990).
18. Claims 5-6 are rejected under 35 U.S.C. 103 as being unpatentable over Cho et al. (US 2021/0391384 A1) as applied to claim 1 above, and further in view of Iwayama et al. (US 2015/0255706 A1).
Regarding claim 5, Cho et al. teaches all of the limitations of claim 1 from which this claim depends.
Cho et al. teaches wherein (Fig. 4), the lower contact plug (120) comprises the lower contact pattern (120).
Cho et al. is silent to explicitly disclose, the lower contact plug comprises a lower barrier pattern extending along bottom and side surfaces of the lower contact pattern.
Iwayama et al. discloses wherein (Fig. 9), the lower contact plug (102/103) comprises a lower barrier pattern (102, para [0026]) extending along bottom and side surfaces of the lower contact pattern (103, para [0026]).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to apply the metal barrier as taught by Iwayama et al. on the lower contact plug of Cho et al., in order to enhance the performance and efficiency of the magnetic memory.
Regarding claim 6, Cho et al. and Iwayama et al. teach all of the limitations of claim 5 from which this claim depends.
Iwayama et al. discloses wherein (Fig. 9), the lower barrier pattern (102) comprises a metal nitride material (TiN, para [0026]).
Examiner’s Note
19. Applicant is reminded that the Examiner is entitled to give the broadest reasonable interpretation to the language of the claims. Furthermore, the Examiner is not limited to Applicants' definition which is not specifically set forth in the claims. See MPEP 2111, 2123, 2125, 2141.02 VI, and 2182.
Examiner has cited particular paragraphs and/or columns/lines in the references applied to the claims above for the convenience of the applicant. Although the specified citations are representative of the teachings of the art and are applied to specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested from the applicant in preparing responses, to fully consider the references in their entirety as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or disclosed by the Examiner. See MPEP 2141.02 VI.
In the case of amending the claimed invention, Applicant is respectfully requested to indicate the portion(s) of the specification which dictate(s) the structure relied on for proper interpretation and also to verify and ascertain the metes and bounds of the claimed invention.
Conclusion
20. Any inquiry concerning this communication or earlier communications from the examiner should be directed to DIDARUL MAZUMDER whose telephone number is (571)272-8823. The examiner can normally be reached M-F 9-5.
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21. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, William Partridge can be reached at 571-270-1402. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DIDARUL A MAZUMDER/Primary Examiner, Art Unit 2812