Prosecution Insights
Last updated: July 17, 2026
Application No. 18/524,693

PHASE CHANGE MEMORY WITH PARTIAL SIDEWALL SPACER CONTACT

Non-Final OA §102§103
Filed
Nov 30, 2023
Examiner
MOJADDEDI, OMAR F
Art Unit
2898
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
International Business Machines Corporation
OA Round
1 (Non-Final)
89%
Grant Probability
Favorable
1-2
OA Rounds
0m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 89% — above average
89%
Career Allowance Rate
469 granted / 525 resolved
+21.3% vs TC avg
Moderate +11% lift
Without
With
+10.8%
Interview Lift
resolved cases with interview
Typical timeline
2y 3m
Avg Prosecution
42 currently pending
Career history
562
Total Applications
across all art units

Statute-Specific Performance

§101
1.1%
-38.9% vs TC avg
§103
85.8%
+45.8% vs TC avg
§102
8.2%
-31.8% vs TC avg
§112
4.4%
-35.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 525 resolved cases

Office Action

§102 §103
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 Election/Restrictions Applicant's election, without traverse, of claims 1-7 in the “Response to Restriction Requirement” filed on 04/20/2026 is acknowledged and entered by the Examiner. Cancellation of claims 8-20 and addition of new claims 21-22 in “Claims” filed on 04/20/2026 are acknowledged and entered by the Examiner This office action consider claims 1-7 and 21-22 pending for prosecution. 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. Notes: when present, semicolon separated fields within the parenthesis (; ;) represent, for example, as (100; Fig 3A; [0063]) = (element 100; Figure No. 3A; Paragraph No. [0063]). For brevity, the texts “Element”, “Figure No.” and “Paragraph No.” shall be excluded, though; additional clarification notes may be added within each field. The number of fields may be fewer or more than three indicated above. These conventions are used throughout this document. 1. Claims 1-4, 7, and 22 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Li et al. (US 20220302377 A1; hereinafter Li). Regarding claim 1, Li teaches a phase change memory device (see the entire document, specifically Fig. 1+; [0001+], and as cited below) comprising (see alternative rejection for claim 1, below): a stacked structure (see Fig. 14; [0036-0079]) of a first electrode (10; see Fig. 14; [0079, 0036]) with a first cross-sectional area (see Fig. 14), a phase change material layer (30; see Fig. 14; [0079, 0043]) that is present on the first electrode (10; see Fig. 14; [0079, 0036]), a dielectric material layer (111; see Fig. 14; [0070, 0064]) that is present on the phase change material layer (30; see Fig. 14; [0079, 0043]), and a second electrode (90; see Fig. 14; [0070]) with a second cross-sectional area (see Fig. 14) that is present on the dielectric material layer (111; see Fig. 14), wherein a second cross sectional area (a second cross sectional area of 90; see Fig. 14) is greater than the first cross-sectional area (the first cross sectional area of 10; see Fig. 14); and a conductive sidewall spacer (13B; see Fig. 14; [0039,0068]; titanium nitride) that is present on two sidewalls of the stacked structure (see Fig. 14) and providing electrical communication between the second electrode (90; see Fig. 14; [0068, 0070]) and the phase change material layer (30; see Fig. 14; [0079, 0068. 0043]). Regarding claim 2, Li teaches all of the features of claim 1. Li further teaches wherein the first electrode (10; see Fig. 14; [0079, 0036]) is electrically separated from the conductive sidewall spacer (13B; see Fig. 14; [0039,0068]). Regarding claim 3, Li teaches all of the features of claim 1. Li further teaches wherein the conductive sidewall spacer (13B; see Fig. 14; [0039,0068]; titanium nitride) comprises: is comprised of a conductive material selected from the group consisting of titanium (Ti), titanium nitride (TiN), tantalum (Ta), tantalum nitride (TaN), tungsten, or and combinations a combination thereof. Regarding claim 4, Li teaches all of the features of claim 1. Li further teaches wherein the conductive sidewall spacer (13B; see Fig. 14; [0039,0068]; titanium nitride) is in direct contact with two sidewalls of the phase change material layer (30; see Fig. 14). Regarding claim 7, Li teaches all of the features of claim 1. Li further comprising a bit line (see [0068], where top electrode 90 also serves as a bit line in a memory device application) on the second electrode (90; see Fig. 14; [0068, 0070]), wherein the conductive sidewall spacer (13B; see Fig. 14; [0039,0068]; titanium nitride) does not extend along an entirety of the bit line (see [0068], where top electrode 90 also serves as a bit line in a memory device application). Regarding claim 22, Li teaches all of the features of claim 1. Li further comprising: a projection liner layer (13A; see Fig. 14; [0068]) between the phase change material layer (30; see Fig. 14; [0079, 0068. 0043]) and the dielectric material layer (111; see Fig. 14; [0070, 0064]). 2. Claims 1, 4, and 21 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zou et al. (US 20160284991 A1; hereinafter Zou). Regarding claim 1, Zou teaches a phase change memory device (see the entire document, specifically Fig. 1+; [0001+], and as cited below) comprising (see alternative rejection for claim 1, above): a stacked structure (see Fig. 6; [0014-0021]) of a first electrode (18; see Fig. 6; [0015]) with a first cross-sectional area (see Fig. 6), a phase change material layer (24; see Fig. 6; [0017]) that is present on the first electrode (18; see Fig. 6; [0015]), a dielectric material layer (30; see Fig. 6; [0018]) that is present on the phase change material layer (24; see Fig. 6; [0017]), and a second electrode (32; see Fig. 6; [0019]) with a second cross-sectional area (see Fig. 6) that is present on the dielectric material layer (30; see Fig. 6; [0018]), wherein a second cross sectional area (a second cross sectional area of 30; see Fig. 6) is greater than the first cross-sectional area (the first cross sectional area of 18; see Fig. 6); and a conductive sidewall spacer (52; see Fig. 6; [0021], where the phase change spacer 52 is electrically connected to layer 32 and layer 20 (i.e. 24/22) that is present on two sidewalls of the stacked structure (see Fig. 6) and providing electrical communication between the second electrode (32; see Fig. 6; [0019]) and the phase change material layer (24; see Fig. 6; [0017]). Regarding claim 4, Zou teaches all of the features of claim 1. Zou further teaches wherein the conductive sidewall spacer (52; see Fig. 6; [0021], where the phase change spacer 52 is electrically connected to layer 32 and layer 20 (i.e. 24/22) is in direct contact with two sidewalls of the phase change material layer (24; see Fig. 6; [0017]). Regarding claim 21, Zou teaches all of the features of claim 1. Zou further comprising a projection liner layer (42; see Fig. 6; [0016]) between the first electrode (18; see Fig. 6; [0015]) and the phase change material layer (24; see Fig. 6; [0017]). 3. Claims 1, 2, and 7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bruce et al. (US 20180205017 A1; hereinafter Bruce). Regarding claim 1, Bruce teaches a phase change memory device (see the entire document, specifically Fig. 1+; [0001+], and as cited below) comprising (see alternative rejection for claim 1, above): a stacked structure (see Fig. 13; [0026-0053]) of a first electrode (104; see Fig. 13; [0051, 0026]) with a first cross-sectional area (see Fig. 13), a phase change material layer (110; see Fig. 13; [0053, 0026]) that is present on the first electrode (104; see Fig. 6; [0051, 0026]), a dielectric material layer (112; see Fig. 13; [0053, 0031]) that is present on the phase change material layer (110; see Fig. 13; [0053, 0026]), and a second electrode (1304; see Fig. 13; [0052]) with a second cross-sectional area (see Fig. 13) that is present on the dielectric material layer (112; see Fig. 13; [0053, 0031]), wherein a second cross sectional area (a second cross sectional area of 1304; see Fig. 13) is greater than the first cross-sectional area (the first cross sectional area of 104; see Fig. 13); and a conductive sidewall spacer (124; see Fig. 13; [0053, 0031], where metallic liner 124 52 is electrically connected to layer 1304 and layer 110) that is present on two sidewalls of the stacked structure (see Fig. 13) and providing electrical communication between the second electrode (1304; see Fig. 13; [0052]) and the phase change material layer (110; see Fig. 13; [0053, 0026]). Regarding claim 2, Bruce teaches all of the features of claim 1. Bruce further teaches wherein the first electrode (104; see Fig. 6; [0051, 0026]) is electrically separated from the conductive sidewall spacer (124; see Fig. 13; [0053, 0031]). Regarding claim 7, Bruce teaches all of the features of claim 1. Bruce further comprising a bit line (118B; Fig. 13; [0052, 0029]) on the second electrode (1304; see Fig. 13; [0052]), wherein the conductive sidewall spacer (124; see Fig. 13; [0053, 0031]) does not extend along an entirety of the bit line (118B; Fig. 13; [0052, 0029]). 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 of this title, 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. Notes: when present, semicolon separated fields within the parenthesis (; ;) represent, for example, as (30A; Fig 2B; [0128]) = (element 30A; Figure No. 2B; Paragraph No. [0128]). For brevity, the texts “Element”, “Figure No.” and “Paragraph No.” shall be excluded, though; additional clarification notes may be added within each field. The number of fields may be fewer or more than three indicated above. These conventions are used throughout this document. 4. Claims 5 and 6 are rejected under 35 U.S.C.103 as being unpatentable over Li et al. (US 20220302377 A1; hereinafter Li), in view of the following statement. Regarding claim 5, Li teaches all of the features of claim 1. Li further teaches wherein a thickness of the phase change material layer ((30; see Fig. 14; see [0048] in view of [0047]; 10 nm to 50 nm) is 15 nm or less (see [0048] in view of [0047]; where some of the values from a thickness range of 10 nm to 50 nm, specifically 10 nm – 14 nm, are within the claimed thickness range; in the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. See MPEP 2144.05, I). Regarding claim 6, Li teaches all of the features of claim 1. Li further comprising a bit line (see [0068], where top electrode 90 also serves as a bit line in a memory device application) on the second electrode (90; see Fig. 14; [0068, 0070]), wherein the conductive sidewall spacer (13B; see Fig. 14; [0039,0068]; titanium nitride) (see below for “extends along an entirety of”) the bit line (see [0068], where top electrode 90 also serves as a bit line in a memory device application). As noted above, Li does not expressly disclose “a bit line on the second electrode, wherein the conductive sidewall spacer extends along an entirety of the bit line” (emphasis added). However, the Applicant has not presented persuasive evidence that the claimed “a bit line on the second electrode, wherein the conductive sidewall spacer extends along an entirety of the bit line” is for a particular purpose that is critical to the overall claimed invention (i.e. the invention would not work without a bit line on the second electrode, wherein the conductive sidewall spacer extends along an entirety of the bit line). Also, the Applicant has not shown that “a bit line on the second electrode, wherein the conductive sidewall spacer extends along an entirety of the bit line” produces a result that was new or unexpected enough to patentably distinguish the claimed invention over the cited prior art. Instead, Claim 7 of the instant invention discloses other possible options such as “a bit line on the second electrode, wherein the conductive sidewall spacer does not extend along an entirety of the bit line”. Therefore, no rationale is given that the invention will not function without “a bit line on the second electrode, wherein the conductive sidewall spacer extends along an entirety of the bit line”. Thus, the claimed “a bit line on the second electrode, wherein the conductive sidewall spacer extends along an entirety of the bit line” is not critical to the invention. Examiner would like to note that MPEP §2144.04.IV(B) guideline, where change of shape is a Legal Precedent as Source of Supporting Rationale. See In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966) (The court held that the configuration of the claimed disposable plastic nursing container was a matter of choice which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular configuration of the claimed container was significant.). PNG media_image1.png 18 19 media_image1.png Greyscale In view of the above, as there is no persuasive evidence that the particular configuration of “a bit line on the second electrode, wherein the conductive sidewall spacer extends along an entirety of the bit line” is significant. Thus, the claimed limitation of “a bit line on the second electrode, wherein the conductive sidewall spacer extends along an entirety of the bit line” is a matter of choice which a person of ordinary skill in the art would have found obvious as per MPEP §2144.04.IV(B) guideline. Therefore, the claimed limitation of “a bit line on the second electrode, wherein the conductive sidewall spacer extends along an entirety of the bit line” is not patentable over Li. 5. Claim 22 is rejected under 35 U.S.C.103 as being unpatentable over Zou et al. (US 20160284991 A1; hereinafter Zou), in view of the following statement. Regarding claim 22, Zou teaches all of the features of claim 1. Zou further comprising: a projection liner layer (42; see Fig. 6; [0016]) (see below for “between”) the phase change material layer (24; see Fig. 6; [0017]) and the dielectric material layer (30; see Fig. 6; [0018]). As noted above, Zou does not expressly disclose “a projection liner layer between the phase change material layer and the dielectric material layer” (emphasis added). However, the Applicant has not presented persuasive evidence that the claimed “a projection liner layer between the phase change material layer and the dielectric material layer” is for a particular purpose that is critical to the overall claimed invention (i.e. the invention would not work without a projection liner layer between the phase change material layer and the dielectric material layer). Also, the Applicant has not shown that “a projection liner layer between the phase change material layer and the dielectric material layer” produces a result that was new or unexpected enough to patentably distinguish the claimed invention over the cited prior art. Instead, Claim 21 of the instant invention discloses other possible options such as “a projection liner layer between the first electrode and the phase change material layer”. Therefore, no rationale is given that the invention will not function without “a projection liner layer between the phase change material layer and the dielectric material layer”. Thus, the claimed “a projection liner layer between the phase change material layer and the dielectric material layer” is not critical to the invention. Examiner would like to note that MPEP §2144.04.IV(B) guideline, where change of shape is a Legal Precedent as Source of Supporting Rationale. See In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966) (The court held that the configuration of the claimed disposable plastic nursing container was a matter of choice which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular configuration of the claimed container was significant.). PNG media_image1.png 18 19 media_image1.png Greyscale In view of the above, as there is no persuasive evidence that the particular configuration of “a projection liner layer between the phase change material layer and the dielectric material layer” is significant. Thus, the claimed limitation of “a projection liner layer between the phase change material layer and the dielectric material layer” is a matter of choice which a person of ordinary skill in the art would have found obvious as per MPEP §2144.04.IV(B) guideline. Therefore, the claimed limitation of “a projection liner layer between the phase change material layer and the dielectric material layer” is not patentable over Zou. 6. Claim 6 is rejected under 35 U.S.C.103 as being unpatentable over Bruce et al. (US 20180205017 A1; hereinafter Bruce), in view of the following statement. Regarding claim 6, Bruce teaches all of the features of claim 1. Bruce further comprising a bit line (118B; Fig. 13; [0052, 0029]) on the second electrode (1304; see Fig. 13; [0052]), wherein the conductive sidewall spacer (124; see Fig. 13; [0053, 0031]) (see below for “extends along an entirety of”) the bit line (118B; Fig. 13; [0052, 0029]). As noted above, Bruce does not expressly disclose “a bit line on the second electrode, wherein the conductive sidewall spacer extends along an entirety of the bit line” (emphasis added). However, the Applicant has not presented persuasive evidence that the claimed “a bit line on the second electrode, wherein the conductive sidewall spacer extends along an entirety of the bit line” is for a particular purpose that is critical to the overall claimed invention (i.e. the invention would not work without a bit line on the second electrode, wherein the conductive sidewall spacer extends along an entirety of the bit line). Also, the Applicant has not shown that “a bit line on the second electrode, wherein the conductive sidewall spacer extends along an entirety of the bit line” produces a result that was new or unexpected enough to patentably distinguish the claimed invention over the cited prior art. Instead, Claim 7 of the instant invention discloses other possible options such as “a bit line on the second electrode, wherein the conductive sidewall spacer does not extend along an entirety of the bit line”. Therefore, no rationale is given that the invention will not function without “a bit line on the second electrode, wherein the conductive sidewall spacer extends along an entirety of the bit line”. Thus, the claimed “a bit line on the second electrode, wherein the conductive sidewall spacer extends along an entirety of the bit line” is not critical to the invention. Examiner would like to note that MPEP §2144.04.IV(B) guideline, where change of shape is a Legal Precedent as Source of Supporting Rationale. See In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966) (The court held that the configuration of the claimed disposable plastic nursing container was a matter of choice which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular configuration of the claimed container was significant.). PNG media_image1.png 18 19 media_image1.png Greyscale In view of the above, as there is no persuasive evidence that the particular configuration of “a bit line on the second electrode, wherein the conductive sidewall spacer extends along an entirety of the bit line” is significant. Thus, the claimed limitation of “a bit line on the second electrode, wherein the conductive sidewall spacer extends along an entirety of the bit line” is a matter of choice which a person of ordinary skill in the art would have found obvious as per MPEP §2144.04.IV(B) guideline. Therefore, the claimed limitation of “a bit line on the second electrode, wherein the conductive sidewall spacer extends along an entirety of the bit line” is not patentable over Bruce. 7. Claim 3 is rejected under 35 U.S.C.103 as being unpatentable over Zou et al. (US 20160284991 A1; hereinafter Zou), in view of Li et al. (US 20220302377 A1; hereinafter Li). Regarding claim 3, Bruce teaches all of the features of claim 1. Bruce further teaches wherein the conductive sidewall spacer (124; see Fig. 13; [0053, 0031], where metallic liner 124 52 is electrically connected to layer 1304 and layer 110) (see below for “comprises: is comprised of a conductive material selected from the group consisting of titanium (Ti), titanium nitride (TiN), tantalum (Ta), tantalum nitride (TaN), tungsten, or and combinations a combination thereof”. As noted above, Bruce does not expressly disclose “wherein the conductive sidewall spacer comprises: is comprised of a conductive material selected from the group consisting of titanium (Ti), titanium nitride (TiN), tantalum (Ta), tantalum nitride (TaN), tungsten, or and combinations a combination thereof”. However, in the analogous art, Li teaches the field of semiconductor device technology and more particularly to an embedded heater in a phase change material in semiconductor chip applications including phase change memory devices ([0001]), wherein (Fig. 1+; [0001+]) a resistive liner (52; Fig. 16; [0051]) comprising of tantalum nitride or titanium nitride or tungsten on the sidewalls of phase change material (30; [0043]). It would have been obvious to one with ordinary skill in the art, before the effective filing date of the claimed invention, to modify Bruce’s metallic liner material with Li’s metallic liner material, and thereby, modified Bruce’s (by Li) device will have wherein the conductive sidewall spacer (Bruce 124; see Fig. 13; [0053, 0031] in view of material of Li 52; Fig. 16A; see [0051]; tantalum nitride or titanium nitride or tungsten) comprises: is comprised of a conductive material selected from the group consisting of titanium (Ti), titanium nitride (TiN), tantalum (Ta), tantalum nitride (TaN), tungsten, or and combinations a combination thereof. The ordinary artisan would have been motivated to modify Bruce in the manner set forth above, at least, because this inclusion provides a resistive liner (52; Fig. 16; [0051]) comprising of tantalum nitride or titanium nitride or tungsten on the sidewalls of phase change material (Li [0051]), where the resistance of the resistive liner is substantially greater than the resistance of the PCM material in low resistance state and substantially lower than the resistance of the PCM material in high resistance state and the resistive liner can be deposited a couple nanometers to ten nanometers thick in order to improve electrical function, such as mitigating resistance drift in the completed device. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to Omar Mojaddedi whose telephone number is 313-446-6582. The examiner can normally be reached on Monday – Friday, 8:00 a.m. to 4:00 p.m.. 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, Julio J. Maldonado, can be reached on 571-272-1864. 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. /OMAR F MOJADDEDI/Examiner, Art Unit 2898
Read full office action

Prosecution Timeline

Nov 30, 2023
Application Filed
Jul 01, 2026
Non-Final Rejection mailed — §102, §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
89%
Grant Probability
99%
With Interview (+10.8%)
2y 3m (~0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 525 resolved cases by this examiner. Grant probability derived from career allowance rate.

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