Prosecution Insights
Last updated: August 14, 2026
Application No. 18/529,473

PHASE-CHANGE MEMORY CELL WITH SIDEWALL OUTER CONTACT

Non-Final OA §102
Filed
Dec 05, 2023
Examiner
DANG, PHUC T
Art Unit
2897
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
International Business Machines Corporation
OA Round
1 (Non-Final)
95%
Grant Probability
Favorable
1-2
OA Rounds
0m
Est. Remaining
97%
With Interview

Examiner Intelligence

Grants 95% — above average
95%
Career Allowance Rate
1748 granted / 1832 resolved
+27.4% vs TC avg
Minimal +1% lift
Without
With
+1.3%
Interview Lift
resolved cases with interview
Fast prosecutor
1y 10m
Avg Prosecution
33 currently pending
Career history
1851
Total Applications
across all art units

Statute-Specific Performance

§101
1.4%
-38.6% vs TC avg
§103
60.8%
+20.8% vs TC avg
§102
25.9%
-14.1% vs TC avg
§112
9.6%
-30.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1832 resolved cases

Office Action

§102
DETAILED ACTION 1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Election/Restrictions 2. Applicant’s election without traverse of Group I (claims 1-8) filed on 03/26/2026 and withdrawn Group II (claims 9-20) has been acknowledged and considered. Applicants have the right to file a divisional application covering the subject matter of the non-elected claims (claims 9-20). Claims 1-20 are currently pending in the application. Oath/Declaration 3. The oath/declaration filed on 12/05/2023 is acceptable. Information Disclosure Statement 4. The office acknowledges receipt of the following items from the applicant: Information Disclosure Statement (IDS) filed on 12/05/2023 and 04/08/2026. 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. 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. 5. Claims 1-4 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chen et al., hereafter “Chen” (U.S. Publication No. 2010/0276654 A1). Regarding claim 1, Chen discloses a phase-change memory device, comprising: a heater electrode (220) having an uppermost surface (212); a phase-change layer (230) having a lowermost surface in direct contact with the uppermost surface (212) of the heater electrode (220) at a first location (at any point 212 between phase-change layer (230) and heater electrode (220)); and an outer electrode contact arm (240) in direct contact with the phase-change layer (230) at a second location (at any point 237 between phase-change layer (230) and outer electrode contact arm (240)) that is spaced apart from the first location such that current flows through the phase-change layer (230) from the first location (at point 212) to the second location (at point 237) (by a path 280 (para [0068]), the outer electrode contact arm (240) having a lowermost surface (212) that is coplanar with the lowermost surface (212) of the phase-change layer (230) (Fig. 2A and para [0058]-[0068]). Regarding claim 2, Chen discloses wherein: the lowermost surface of the outer electrode contact arm (240) is in direct contact with dielectric material (210, para [0058]) (Fig. 2A). Regarding claim 3, Chen discloses wherein: the second location (at any point 237 between phase-change layer (230) and outer electrode contact arm (240)) is on a side surface of the phase-change layer (230) that is not coplanar with the lowermost surface of the phase-change layer (230) (Fig. 2A). Regarding claim 4, Chen discloses wherein: the side surface of the phase-change layer (230) is perpendicular to the lowermost surface (212) of the phase-change layer (230) (Fig. 2A). Allowable Subject Matter 6. The following is a statement of reason for the indication of allowable subject matter: Claims 5-8 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. Cited Prior Arts 7. The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure. Chang (U.S. Publication No. 2006/0006374 A1) discloses a phase-change memory device, comprising: a heater electrode (24) having an uppermost surface; a phase-change layer (28) having a lowermost surface in direct contact with the uppermost surface of the heater electrode (24) at a first location (at any point between phase-change layer (28) and heater electrode (24)) (Fig. 3). Conclusion 6. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Phuc T. Dang whose telephone number is 571-272-1776. The examiner can normally be reached on 8:00 am-5:00 pm. If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Jacob Choi can be reached on 469-295-9060. 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. /PHUC T DANG/Primary Examiner, Art Unit 2897
Read full office action

Prosecution Timeline

Dec 05, 2023
Application Filed
May 13, 2026
Non-Final Rejection mailed — §102
Jul 31, 2026
Examiner Interview Summary
Jul 31, 2026
Applicant Interview (Telephonic)

Precedent Cases

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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
95%
Grant Probability
97%
With Interview (+1.3%)
1y 10m (~0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1832 resolved cases by this examiner. Grant probability derived from career allowance rate.

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