Prosecution Insights
Last updated: July 17, 2026
Application No. 18/527,152

CHALCOGEN-CONTAINING THRESHOLD SWITCH

Non-Final OA §102
Filed
Dec 01, 2023
Priority
Dec 02, 2022 — EU 22211147.8
Examiner
ROLAND, CHRISTOPHER M
Art Unit
2893
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Katholieke Universiteit Leuven
OA Round
1 (Non-Final)
65%
Grant Probability
Favorable
1-2
OA Rounds
6m
Est. Remaining
86%
With Interview

Examiner Intelligence

Grants 65% — above average
65%
Career Allowance Rate
356 granted / 548 resolved
-3.0% vs TC avg
Strong +22% interview lift
Without
With
+21.5%
Interview Lift
resolved cases with interview
Typical timeline
3y 2m
Avg Prosecution
35 currently pending
Career history
584
Total Applications
across all art units

Statute-Specific Performance

§101
0.1%
-39.9% vs TC avg
§103
81.9%
+41.9% vs TC avg
§102
8.2%
-31.8% vs TC avg
§112
9.1%
-30.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 548 resolved cases

Office Action

§102
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 . Status of the Claims Amendment filed 27 May 2026 is acknowledged. Claims 1-5, 16, and 17 have been amended. Claims 1-20 are pending. Election/Restrictions Applicant’s election without traverse of group I, claims 1-15, in the reply filed on 27 May 2026 is acknowledged. Claims 16-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected method, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 27 May 2026. Priority Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55. Information Disclosure Statement Information disclosure statement filed 9 February 2024 has been fully considered. 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, 2, and 6-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Velea et al. (“Te-Based Chalcogenide Materials for Selector Applications,” hereinafter Velea) of record. With respect to claim 1, Velea teaches (Table ST2) a device comprising a threshold switch formed of a mixture (P0.09Si0.51Te0.40) as claimed, the mixture comprising: at least 0.90 parts by mole (1 part by mole) of a composition of three or four chemical elements (P, Si, and Te) comprising: from 0.15 to 0.70 parts by mole of Si (0.51 parts by mole), from 0.05 to 0.60 parts by mole of Te (0.40 parts by mole), and from 0.05 to 0.60 parts by mole of one or both of S and P (0.09 parts by mole). With respect to claim 2, Velea teaches wherein the mixture further comprises at most 0.10 parts by mole of other chemical elements different from Si, Te, S, and P, wherein a sum of all parts by mole of the mixture add up to 1.00 (Table ST2). With respect to claim 6, Velea teaches wherein the mixture contains at most 0.07 parts by mole of other chemical elements different from the three or four chemical elements (Table ST2). With respect to claim 7, Velea teaches wherein the mixture contains at most 0.05 parts by mole of the other chemical elements different from the three or four chemical elements (Table ST2). With respect to claim 8, Velea teaches wherein the mixture is in a glass state at a temperature of 25° C. and a pressure of 1 atm (Table ST2). With respect to claim 9, Velea teaches wherein the mixture contains an amount of Si in parts by mole, that is within 0.30 parts by mole of an amount of Te or, when S is among the three or four chemical elements, a combined amount of Te and S, in parts by mole (Table ST2). With respect to claim 10, Velea teaches wherein the mixture contains an amount of Si in parts by mole, that is within 0.20 parts by mole of an amount of Te or, when S is among the three or four chemical elements, a combined amount of Te and S, in parts by mole (Table ST2). With respect to claim 11, Velea teaches wherein the mixture is uniformly mixed (p. 9, “Experimental”). With respect to claim 12, Velea teaches wherein the threshold switch is an Ovonic threshold switch, and the device is a memory device (abstract; “Introduction”). With respect to claim 13, Velea teaches further comprising a memory element electrically coupled in series with the Ovonic threshold switch (abstract; “Introduction”). With respect to claim 14, Velea teaches wherein the memory device comprises a memory element comprising the Ovonic threshold switch (abstract; “Introduction”). With respect to claim 15, Velea teaches wherein the mixture contains at most 0.02 parts by mole of arsenic and selenium (Table ST2). Allowable Subject Matter Claims 3-5 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. The following is a statement of reasons for the indication of allowable subject matter: The prior art of record fails to teach the device comprising a threshold switch formed of a mixture of claims 3-5 in the combination of limitations as claimed, noting particularly the limitations, “from 0.10 to 0.50 parts by mole of S or P,” “from 0.15 to 0.50 parts by mole of S,” and, “from 0.15 to 0.45 parts by mole of P,” in combination with, “from 0.20 to 0.60 parts by mole of Si,” “from 0.30 to 0.60 parts by mole of Si,” and, “from 0.15 to 0.45 parts by mole of Si,” respectively. Velea teaches (Table ST2) an ovonic threshold switching chalcogenide mixture comprising P0.09Si0.51Te0.40 as set forth in the 35 U.S.C. 102(a)(1) rejection of claim 1 above. However, Velea is silent to the aforementioned claimed relative molar concentrations. Kostylev et al. (US Patent Application Publication 2005/0077515) teaches a chalcogenide alloy comprising Si14Te39As37Ge9X1, wherein where X may be element P ([0026]). However, this alloy fails to contain Si in the claimed relative molar concentrations. Eun (US Patent Application Publication 2017/0243922) teaches ovonic threshold materials comprising Si, Te, and S ([0051-052, 0110-0111]). However, these materials also fail to contain Si in the claimed relative molar concentrations. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to Christopher M. Roland whose telephone number is (571)270-1271. The examiner can normally be reached Monday-Friday, 10:00AM-7:00PM Eastern. 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, Yara Green can be reached at (571)270-3035. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /C.M.R./Examiner, Art Unit 2893 /SUE A PURVIS/Supervisory Patent Examiner, Art Unit 2893
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Prosecution Timeline

Dec 01, 2023
Application Filed
Jul 02, 2026
Non-Final Rejection mailed — §102 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
65%
Grant Probability
86%
With Interview (+21.5%)
3y 2m (~6m remaining)
Median Time to Grant
Low
PTA Risk
Based on 548 resolved cases by this examiner. Grant probability derived from career allowance rate.

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