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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
Information disclosure statement filed 30 November 2023 has been fully considered.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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Claims 1, 4, 6, and 7 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of copending Application No. 18/502715 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other. This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
With respect to claim 1, the reference application claims a memory device as claimed, comprising:
a reference magnetic pattern (“reference magnetic pattern”) and a free magnetic pattern (“free magnetic pattern”) that are sequentially stacked on a substrate (“substrate”) (claim 1, clause 1); and
a tunnel barrier pattern (“tunnel barrier pattern”) between the reference magnetic pattern and the free magnetic pattern (claim 1, clause 2),
wherein the reference magnetic pattern includes:
a first pinning pattern (“first pinned pattern”) (claim 1, clause 4);
a second pinning pattern (“second pinned pattern”) between the first pinning pattern and the tunnel barrier pattern (claim 1, clause 4); and
an exchange coupling pattern (“exchange coupling pattern”) between the first pinning pattern and the second pinning pattern, the exchange coupling pattern antiferromagnetically coupling the first pinning pattern and the second pinning pattern to each other (claim 1, clause 5),
wherein the first pinning pattern includes:
a first magnetic pattern (“first magnetic pattern”) (claim 1, clause 6); and
a second magnetic pattern (“second magnetic pattern”) between the first magnetic pattern and the exchange coupling pattern (claim 1, clause 6),
wherein the first magnetic pattern is a single layer (only one layer is claimed) including an alloy of a first ferromagnetic element (“cobalt, platinum”) and a first non-magnetic metal element (“a first non-magnetic element”) (claim 1, claims 7), and
wherein the second magnetic pattern is a single layer (only one layer is claimed) including a second ferromagnetic element (“cobalt”) (claim 1, clause 8).
With respect to claim 4, the reference application claims teaches wherein the first ferromagnetic element includes Co, Fe, and/or Ni (“cobalt, platinum”), and wherein the first non-magnetic metal element includes Pt and/or Cr (“Cr”) (claim 1, clause 7).
With respect to claim 6, the reference application claims wherein the second ferromagnetic element includes Co and/or Fe (“cobalt”) (claim 1, clause 8).
With respect to claim 7, the reference application claims wherein the second magnetic pattern includes Co, Fe, and/or CoFe (“cobalt”) (claim 1, clause 8).
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, 4-9, and 14-16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Oh et al. (US Patent Application Publication 2013/0307102, hereinafter Oh ‘102).
With respect to claim 1, Oh ‘102 teaches (FIG. 12) a memory device as claimed, comprising:
a reference magnetic pattern (PLS) and a free magnetic pattern (FLS) that are sequentially stacked on a substrate (SUB) ([0106-0110]); and
a tunnel barrier pattern (TBR) between the reference magnetic pattern (PLS) and the free magnetic pattern (FLS) ([0106-0110]),
wherein the reference magnetic pattern (PLS) includes:
a first pinning pattern (PL1) ([0094]);
a second pinning pattern (PL2) between the first pinning pattern (PL1) and the tunnel barrier pattern (TBR) ([0096]); and
an exchange coupling pattern (ECL) between the first pinning pattern (PL1) and the second pinning pattern (PL2), the exchange coupling pattern antiferromagnetically coupling the first pinning pattern and the second pinning pattern to each other ([0099]),
wherein the first pinning pattern (PL1) includes:
a first magnetic pattern (“CoPt with the hexagonal close packing (HCP) structure”) ([0094]); and
a second magnetic pattern (“the first pinned layer PL1 may further include a cobalt layer or a cobalt-rich layer to be in contact with the exchange coupling layer ECL”) between the first magnetic pattern and the exchange coupling pattern (ECL) ([0094]),
wherein the first magnetic pattern (“CoPt with the hexagonal close packing (HCP) structure”) is a single layer including an alloy of a first ferromagnetic element (Co) and a first non-magnetic metal element (Pt) ([0094]), and
wherein the second magnetic pattern (“the first pinned layer PL1 may further include a cobalt layer or a cobalt-rich layer to be in contact with the exchange coupling layer ECL”) is a single layer including a second ferromagnetic element (Co) ([0094]).
With respect to claim 4, Oh ‘102 teaches wherein the first ferromagnetic element (Co) includes Co, Fe, and/or Ni, and wherein the first non-magnetic metal element (Pt) includes Pt and/or Cr ([0094]).
With respect to claim 5, Oh ‘102 teaches wherein the first magnetic pattern (“CoPt with the hexagonal close packing (HCP) structure”) includes FePt, CoPt, NiPt, and/or CoCrPt ([0094]).
With respect to claim 6, Oh ‘102 teaches wherein the second ferromagnetic element (Co) includes Co and/or Fe ([0094]).
With respect to claim 7, Oh ‘102 teaches wherein the second magnetic pattern (“the first pinned layer PL1 may further include a cobalt layer or a cobalt-rich layer to be in contact with the exchange coupling layer ECL”) includes Co, Fe, and/or CoFe ([0094]).
With respect to claim 8, Oh ‘102 teaches wherein the exchange coupling pattern (ECL) includes Ir and/or Ru ([0099]).
With respect to claim 9, Oh ‘102 teaches wherein a thickness in a first direction of the exchange coupling pattern (ECL) is in a range of 3 Å to 7 Å, and wherein the first direction is perpendicular to an upper surface of the substrate (SUB) ([0100]).
With respect to claim 14, Oh ‘102 teaches wherein the second pinning pattern (PL2) includes a third ferromagnetic element (CoFeB, CoFeBTa, or CoFeSiB) and further includes Mo, W, and/or B (B) ([0096]).
With respect to claim 15, Oh ‘102 teaches wherein the first magnetic pattern (“CoPt with the hexagonal close packing (HCP) structure”) includes a hexagonal close-packed (HCP) lattice structure ([0094]).
With respect to claim 16, Oh ‘102 teaches wherein an upper surface of the first magnetic pattern (“CoPt with the hexagonal close packing (HCP) structure”) is in direct contact with the second magnetic pattern (“the first pinned layer PL1 may further include a cobalt layer or a cobalt-rich layer to be in contact with the exchange coupling layer ECL”), and an upper surface of the second magnetic pattern is in direct contact with the exchange coupling pattern (ECL) ([0094]).
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 and 3 rejected under 35 U.S.C. 103 as being unpatentable over Oh ‘102 as applied to claim 1 above, and further in view of Tang et al. (US Patent Application Publication 2015/0129996, hereinafter Tang ‘996).
With respect to claims 2 and 3, Oh ‘102 teaches the device as described in claim 1 above with the exception of the additional limitations wherein a first thickness in a first direction of the first magnetic pattern is greater than a second thickness in the first direction of the second magnetic pattern, and wherein the first direction is perpendicular to an upper surface of the substrate; and wherein the first thickness is in a range of 7 Å to 20 Å, and wherein the second thickness is in a range of 1 Å to 5 Å.
However, Tang ‘996 teaches (FIG. 11) a first pinning pattern (336’) comprising a first magnetic pattern (372 when selected from e.g. CoPd alloy) having a first thickness of e.g. 12.5 Å (when j = 1) greater than a second magnetic pattern (370) having a second thickness of e.g. 5 Å ([0079]) in a magnetic junction having improved performance such as higher magnetoresistance ([0080]). Further, such a modification would have involved a mere change in size or proportion of a component. A change in size or proportion is generally recognized as being with the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955). See MPEP 2144.04 IV. A.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have formed the memory device of Oh ‘102 wherein a first thickness in a first direction of the first magnetic pattern is greater than a second thickness in the first direction of the second magnetic pattern, and wherein the first direction is perpendicular to an upper surface of the substrate; and wherein the first thickness is in a range of 7 Å to 20 Å, and wherein the second thickness is in a range of 1 Å to 5 Å as taught by Tang ‘996 to improve performance such as by having higher magnetoresistance, and because such a modification involves a mere change in size or proportion of a component.
Further, the specification contains no disclosure of either the critical nature of the claimed thicknesses or any unexpected results arising therefrom. Where patentability is said to be based upon a particular chosen distance or upon another variable recited in the claim, Applicant must show that the chosen variable is critical. In re Woodruff, 919 F.2d 1575, 1578, 16 USPQ2d 1934, 1936 (Fed. Cir. 1990).
Claims 10-13 are rejected under 35 U.S.C. 103 as being unpatentable over Oh ‘102 as applied to claim 1 above, and further in view of Gan et al. (US Patent Application Publication 2017/0352701, hereinafter Gan ‘701).
With respect to claims 10-13, Oh ‘102 teaches the device as described in claim 1 above, including the additional limitation further comprising a seed pattern (CS1) between the substrate (SUB) and the reference magnetic pattern (PLS) ([0106-0110]).
Thus, Oh ‘102 is shown to teach all the features of the claim with the exception of wherein at least a portion of the seed pattern is amorphous; wherein the seed pattern includes: a first seed pattern between the substrate and the first magnetic pattern; a second seed pattern between the first seed pattern and the first magnetic pattern; and a third seed pattern between the second seed pattern and the first magnetic pattern, wherein the first seed pattern is at least partially amorphous; wherein the first seed pattern includes a metal nitride, and wherein the first and second seed patterns include a second non-magnetic metal element; and wherein the metal nitride is TaN, wherein the second non-magnetic metal element is Ta, and wherein the third seed pattern includes Ru and/or Ir.
However, Gan ‘701 teaches (FIG. 12C) wherein at least a portion of a seed pattern (132) is amorphous; wherein the seed pattern includes: a first seed pattern (224) below a first magnetic pattern (136 or 144); a second seed pattern (222) between the first seed pattern and the first magnetic pattern; and a third seed pattern (220) between the second seed pattern and the first magnetic pattern, wherein the first seed pattern is at least partially amorphous; wherein the first seed pattern includes a metal nitride (TaN, wherein the seed structure is selected from “Ru/Ta/TaN”), and wherein the first and second seed patterns include a second non-magnetic metal element (Ta, wherein the seed structure is selected from “Ru/Ta/TaN”); and wherein the metal nitride is TaN, wherein the second non-magnetic metal element is Ta, and wherein the third seed pattern includes Ru and/or Ir (Ru, wherein the seed structure is selected from “Ru/Ta/TaN”) ([0070]) to provide a thermally stable perpendicular MTJ memory element which can be programmed with a low switching current ([0006]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have formed the memory device of Oh ‘102 wherein at least a portion of the seed pattern is amorphous; wherein the seed pattern includes: a first seed pattern between the substrate and the first magnetic pattern; a second seed pattern between the first seed pattern and the first magnetic pattern; and a third seed pattern between the second seed pattern and the first magnetic pattern, wherein the first seed pattern is at least partially amorphous; wherein the first seed pattern includes a metal nitride, and wherein the first and second seed patterns include a second non-magnetic metal element; and wherein the metal nitride is TaN, wherein the second non-magnetic metal element is Ta, and wherein the third seed pattern includes Ru and/or Ir as taught by Gan ‘701 to provide a thermally stable perpendicular MTJ memory element which can be programmed with a low switching current.
Claims 17 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Oh ‘102 in view of Lee et al. (US Patent Application Publication 2021/0104661, hereinafter Lee ‘661).
With respect to claim 17, Oh ‘102 teaches (FIG. 12) a memory device substantially as claimed, comprising:
a substrate (SUB) ([0106-0110]);
a data storage pattern (CS1, PLS, TBR, FLS, and CS2); and
wherein the data storage pattern (CS1, PLS, TBR, FLS, and CS2) includes:
a lower electrode (CL1) ([0106-0110]); and
a seed pattern (CL2), a reference magnetic pattern (PLS), a tunnel barrier pattern (TBR), a free magnetic pattern (FLS), and an upper electrode (CS2) that are sequentially stacked on the lower electrode (CL1) ([0106-0110]),
wherein the reference magnetic pattern (PLS) includes:
a first pinning pattern (PL1) ([0094]);
a second pinning pattern (PL2) between the first pinning pattern (PL1) and the tunnel barrier pattern (TBR) ([0096]); and
an exchange coupling pattern (ECL) between the first pinning pattern (PL1) and the second pinning pattern (PL2), the exchange coupling pattern antiferromagnetically coupling the first pinning pattern and the second pinning pattern to each other ([0099]),
wherein the first pinning pattern (PL1) includes:
a first magnetic pattern (“CoPt with the hexagonal close packing (HCP) structure”) ([0094]); and
a second magnetic pattern (“the first pinned layer PL1 may further include a cobalt layer or a cobalt-rich layer to be in contact with the exchange coupling layer ECL”) between the first magnetic pattern and the exchange coupling pattern (ECL) ([0094]),
wherein the first magnetic pattern (“CoPt with the hexagonal close packing (HCP) structure”) is a single layer including an alloy of a first ferromagnetic element (Co) and a first non-magnetic metal element (Pt) ([0094]), and
wherein the second magnetic pattern (“the first pinned layer PL1 may further include a cobalt layer or a cobalt-rich layer to be in contact with the exchange coupling layer ECL”) is a single layer including a second ferromagnetic element (Co) ([0094]).
Thus, Oh ‘102 is shown to teach all the features of the claim with the exception of:
a lower interlayer dielectric layer on the substrate;
a lower wiring line in the lower interlayer dielectric layer;
wherein the data storage pattern is on the lower wiring line;
a lower contact plug that extends in a first direction between the lower wiring line and the data storage pattern and electrically connects the lower wiring line and the data storage pattern to each other, wherein the first direction is perpendicular to an upper surface of the substrate, and
wherein the lower electrode is electrically connected to the lower contact plug.
However, Lee ‘661 teaches (FIG. 5) a memory device comprising a lower interlayer dielectric layer (220) on a substrate (100a); a lower wiring line (215) in the lower interlayer dielectric layer; wherein a data storage pattern (DS) is on the lower wiring line; a lower contact plug (104) that extends in a first direction between the lower wiring line and the data storage pattern and electrically connects the lower wiring line and the data storage pattern to each other, wherein the first direction is perpendicular to an upper surface of the substrate, and wherein a lower electrode (BE) is electrically connected to the lower contact plug ([0079, 0082-0083, 0085, 0088]) to provide interconnection with a selection element (SE) ([0081]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have formed the memory device of Oh ‘102 further comprising a lower interlayer dielectric layer on the substrate; a lower wiring line in the lower interlayer dielectric layer; wherein the data storage pattern is on the lower wiring line; a lower contact plug that extends in a first direction between the lower wiring line and the data storage pattern and electrically connects the lower wiring line and the data storage pattern to each other, wherein the first direction is perpendicular to an upper surface of the substrate, and wherein the lower electrode is electrically connected to the lower contact plug as taught by Lee ‘661 to provide interconnection with a selection element.
With respect to claim 19, Oh ‘102 teaches wherein the exchange coupling pattern (ECL) includes Ir and/or Ru ([0099]), and wherein a thickness in the first direction of the exchange coupling pattern is in a range of 3 Å to 7 Å ([0100]).
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Oh ‘102 and Lee ‘661 as applied to claim 17 above, and further in view of Tang ‘996.
With respect to claim 18, Oh ‘102 and Lee ‘661 teach the device as described in claim 17 above, with primary reference Oh ‘102 teaching the additional limitation wherein the first ferromagnetic element (Co) includes Co, Fe, and/or Ni, and wherein the first non-magnetic metal element (Pt) includes Pt and/or Cr ([0094]).
Thus, Oh ‘102 is shown to teach all the features of the claim with the exception of wherein a first thickness in the first direction of the first magnetic pattern is in a range of 7 Å to 20 Å, and wherein a second thickness in the first direction of the second magnetic pattern is in a range of 1 Å to 5 Å.
However, Tang ‘996 teaches (FIG. 11) a first pinning pattern (336’) comprising a first magnetic pattern (372 when selected from e.g. CoPd alloy) having a first thickness of e.g. 12.5 Å (when j = 1) greater than a second magnetic pattern (370) having a second thickness of e.g. 5 Å ([0079]) in a magnetic junction having improved performance such as higher magnetoresistance ([0080]). Further, such a modification would have involved a mere change in size or proportion of a component. A change in size or proportion is generally recognized as being with the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955). See MPEP 2144.04 IV. A.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have formed the memory device of Oh ‘102 wherein a first thickness in the first direction of the first magnetic pattern is in a range of 7 Å to 20 Å, and wherein a second thickness in the first direction of the second magnetic pattern is in a range of 1 Å to 5 Å as taught by Tang ‘996 to improve performance such as by having higher magnetoresistance, and because such a modification involves a mere change in size or proportion of a component.
Further, the specification contains no disclosure of either the critical nature of the claimed thicknesses or any unexpected results arising therefrom. Where patentability is said to be based upon a particular chosen distance or upon another variable recited in the claim, Applicant must show that the chosen variable is critical. In re Woodruff, 919 F.2d 1575, 1578, 16 USPQ2d 1934, 1936 (Fed. Cir. 1990).
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Oh ‘102 and Lee ‘661 as applied to claim 17 above, and further in view of Gan ‘701.
With respect to claim 20, Oh ‘102 and Lee ‘661 teach the device as described in claim 17 above with the exception of the additional limitation wherein the seed pattern includes: a first seed pattern between the lower electrode and the first magnetic pattern; a second seed pattern between the first seed pattern and the first magnetic pattern; and a third seed pattern between the second seed pattern and the first magnetic pattern, wherein the first seed pattern includes metal nitride, wherein the first and second seed patterns include a second non-magnetic metal element, and wherein the first seed pattern is at least partially amorphous.
However, Gan ‘701 teaches (FIG. 12C) a seed pattern (132) including: a first seed pattern (224) below a first magnetic pattern (136 or 144); a second seed pattern (222) between the first seed pattern and the first magnetic pattern; and a third seed pattern (220) between the second seed pattern and the first magnetic pattern, wherein the first seed pattern includes metal nitride (TaN, wherein the seed structure is selected from “Ru/Ta/TaN”), wherein the first and second seed patterns include a second non-magnetic metal element (Ta, wherein the seed structure is selected from “Ru/Ta/TaN”), and wherein the first seed pattern is at least partially amorphous ([0070]) to provide a thermally stable perpendicular MTJ memory element which can be programmed with a low switching current ([0006]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have formed the seed pattern of Oh ‘102 and Lee ‘661 including: a first seed pattern between the lower electrode and the first magnetic pattern; a second seed pattern between the first seed pattern and the first magnetic pattern; and a third seed pattern between the second seed pattern and the first magnetic pattern, wherein the first seed pattern includes metal nitride, wherein the first and second seed patterns include a second non-magnetic metal element, and wherein the first seed pattern is at least partially amorphous as taught by Gan ‘701 to provide a thermally stable perpendicular MTJ memory element which can be programmed with a low switching current.
Conclusion
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/C.M.R./Examiner, Art Unit 2893
/YARA B GREEN/Supervisor Patent Examiner, Art Unit 2893
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