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 .
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
In reference to claims 1 and 16, the claims recite the phrase “relatively large” in reference to the unconventional Spin Hall Effect (SHE) in lines 4, respectively. The meaning of “relatively large” is unclear. For example, it is unclear by what measure or at what value the SHE becomes “relatively large” or what materials might satisfy this criteria.
Claims 2-15 and 17-20 depend on claims 1 and 16 and are indefinite due to their dependence on indefinite claims 1 and 16, respectively.
In further reference to claim 11, it is unclear as written if the materials As2W, As3W2, As2Mo, As3Mo2, Ti5Te4, Ti5Se4, Ni4W, and Ni4Mo are positively claimed or if they are merely exemplifying the ‘space group.’ It is also unclear if the materials of space groups (SG)-6 through space group (SG)-15) and space group (SG)-83 through (SG)-88 are limited to the listed materials (even though other, non-listed, materials may be in those space groups).
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.
Claims 1, 5, 7, 16, and 19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by ‘Deterministic switching of a perpendicularly polarized magnet using unconventional spin-orbit torques in WTe2’ By Kao et al.
In reference to claim 1, Kao et al. discloses in ‘Deterministic switching of a perpendicularly polarized magnet using unconventional spin-orbit torques in WTe2’, hereafter, “Kao,” (cited on the IDS of 01/18/2024), a device, comprising: a free layer having a configurable magnetization state, FGT layer; and
a current channel comprising a low-symmetry crystal with only one mirror plane having relatively large unconventional spin Hall effect (SHE), right column on page 1029 through left column on page 1030, top paragraph of left column on page 1031, wherein a current through the current channel applies a spin-orbit torque that sets the magnetization state of the free layer, first full paragraph of right column on page 1031.
In reference to claim 5, Kao discloses the current channel is formed from a bulk of the low-symmetry crystal, right column on page 1029 through left column on page 1030, top paragraph of left column on page 1031.
In reference to claim 7, Kao discloses the low-symmetry crystal is thermally stable (the low-symmetry crystal is stable enough to work with during manufacturing process associated with devices of the current disclosure, as defined in paragraph 109 of Applicant’s specification), left column on page 1035 under the heading ‘Methods.”
In reference to claim 16, Kao discloses a method comprising
forming a free layer having a configurable magnetization state, FGT layer; and
forming a current channel comprising a low-symmetry crystal with only one mirror plane having relatively large unconventional spin Hall effect (SHE), right column on page 1029 through left column on page 1030, top paragraph of left column on page 1031, wherein a current through the current channel applies a spin-orbit torque that sets the magnetization state of the free layer, first full paragraph of right column on page 1031.
In reference to claim 19, Kao discloses the current channel is formed from a bulk of the low-symmetry crystal, right column on page 1029 through left column on page 1030, top paragraph of left column on page 1031.
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.
Claims 2, 4, 17, and 18 are rejected under 35 U.S.C. 103 as being unpatentable over ‘Deterministic switching of a perpendicularly polarized magnet using unconventional spin-orbit torques in WTe2’ By Kao et al. in view of Hashemi et al. (US 2023/0050152).
In reference to claims 2 and 17, Kao suggests forming a spin orbit torque, magnetoresistive memory (SOT-Memory), left column on page 1029, and left column on page 1034.
Hashemi et al. (US 2023/0050152), hereafter “Hashemi,” discloses a SOT-MRAM device and method of making including teaching forming a spin orbit torque, magnetoresistive random access memory (SOT-MRAM), and wherein the SOT-MRAM comprises the free layer, 132 in Figure 1, and the current channel 120, paragraphs 41 and 42. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention for the device to comprise a spin orbit torque, magnetoresistive random access memory (SOT-MRAM), and wherein the SOT-MRAM comprises the free layer and the current channel. One would have been motivated to do so in order to realize a SOT-Memory device, paragraphs 2 and 3 of Hashemi, as suggested by Kao, eft column on page 1034.
In reference to claims 4 and 18, Kao does not disclose a fixed layer and a barrier layer, wherein the barrier layer separates the fixed layer from the free layer, wherein a magnetization state of the fixed layer is not configurable, and wherein the fixed layer, barrier layer, and free layer together form a magnetic tunnel junction (MTJ) device.
Hashemi discloses a SOT-MRAM device and method of making including teaching forming a fixed layer 136 and a barrier layer 134, Figure 1, wherein the barrier layer separates the fixed layer from the free layer 132, wherein a magnetization state of the fixed layer is not configurable, and wherein the fixed layer, barrier layer, and free layer together form a magnetic tunnel junction (MTJ) device, paragraphs 2 and 42.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to form a fixed layer and a barrier layer, wherein the barrier layer separates the fixed layer from the free layer, wherein a magnetization state of the fixed layer is not configurable, and wherein the fixed layer, barrier layer, and free layer together form a magnetic tunnel junction (MTJ) device. One would have been motivated to do so in order to realize a SOT-MRAM, paragraphs 2 and 3.
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over ‘Deterministic switching of a perpendicularly polarized magnet using unconventional spin-orbit torques in WTe2’ By Kao et al. in view of Su (CN 112466359 A).
In reference to claim 3, Kao does not disclose the device comprises a spin orbit torque (SOT), spin logic device, and wherein the SOT spin logic device comprises the free layer and the current channel.
Su (CN 112466359 A), a machine translation of which is included herewith and cited herein, discloses a device comprises a spin orbit torque (SOT), spin logic device, and wherein the SOT spin logic device comprises the free layer and the current channel, paragraphs [n0064]- [n0065]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention for the device to comprise a spin orbit torque (SOT), spin logic device, and wherein the SOT spin logic device comprises the free layer and the current channel. One would have been motivated to do so in order to form logic elements that can reduce data writing energy consumption and improve the reliability of complete ferromagnetic layer flipping, [n0071].
Allowable Subject Matter
Claims 6, 8-15, and 20 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.
Claim 6, 8-15, and 20 would be allowable because the prior art of record fails to teach or fairly suggest the materials or the material properties of the respective claims; in combination with the other recited limitations in the base claim(s).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Singh et al. (US 2023/0335325) discloses related devices and methods.
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/BRYAN R JUNGE/ Primary Examiner, Art Unit 2897