DETAILED ACTION
This office action is in response to the amendment filed 7/17/2026.
Currently, claims 1-9 and 21-22 are pending, of which claims 21-22 are newly added. Claims 10-20 have been canceled.
Election/Restrictions
Applicant’s election without traverse of claims 1-9 is acknowledged.
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 22 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Walls et al. (US 9,412,942).
Pertaining to claim 1, Walls shows, with reference to FIG. 4N1, a memory structure comprising:
an asymmetrical first electrode structure (106/140) having a slanted surface (142);
a memory switching layer (170) forming an interface with the slanted surface of the asymmetrical first electrode structure; and
a second electrode structure (172) located on the memory switching layer, wherein the memory switching layer has a bottommost surface in a different horizontal plane than a bottommost surface of the asymmetrical first electrode structure (FIG. 4N1).
Pertaining to claim 2, Walls shows the slanted surface of the asymmetrical first electrode structure extends in a direction from a topmost-surface down to a planar surface of the asymmetrical first electrode structure (top surface of 106), wherein the planar surface is located between the topmost surface and the bottommost surface (bottom surface of 106) of the asymmetrical first electrode structure.
Pertaining to claims 3 and 4, Walls shows the direction of the slant is left to right for some first electrodes, and right to left for others.
Pertaining to claim 9, Walls shows the memory switch layer has a sidewall that is vertically aligned with a sidewall of the second electrode structure (FIG. 4N1).
Pertaining to claim 22, Walls shows a memory structure comprising:
an asymmetrical first electrode structure (106/140) having a slanted surface (142);
an interlayer dielectric layer (100) embedding the asymmetrical first electrode structure and in direct physical contact with opposing sidewalls of the asymmetrical first electrode structure (portion 106);
a memory switching layer (170) forming an interface with the slanted surface of the asymmetrical first electrode structure; and
a second electrode structure (172) located on the memory switching layer.
Pertaining to claim 1, Walls shows, with reference to FIG. 4N1, a memory structure comprising:
an asymmetrical first electrode structure (106/140) having a slanted surface (142);
a memory switching layer (170) forming an interface with the slanted surface of the asymmetrical first electrode structure; and
a second electrode structure (172) located on the memory switching layer, wherein the memory switching layer has a bottommost surface in a different horizontal plane than a bottommost surface of the asymmetrical first electrode structure (FIG. 4N1).
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 5 and 6 are rejected under 35 U.S.C. 103 as being unpatentable over Walls.
Pertaining to claim 5, Walls shows a first electrically conductive layer (104) in electrical contact with the asymmetrical first electrode structure, and a via contact structure (180) that connects to the second electrode.
Although Walls does not explicitly show a second electrically conductive layer to which the via connects the second electrode, it would be obvious to one of ordinary skill in the art for this to be the case as, otherwise, contact structure 180 would serve no purpose. In other words, the device would be inoperable without further connection from the second electrode to some other conductive line.
Pertaining to claim 6, Walls shows an encapsulation layer (182) located adjacent to the memory switching layer, the second electrode structure and the via contact structure.
Allowable Subject Matter
Claims 7 and 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. The reasons for the indication of allowable subject matter: are the same as stated in the previous office action.
Claim 21 is allowed, as it recites subject matter previously identified as allowable.
Response to Arguments
Applicant's arguments filed 7/17/2026 have been fully considered but they are not persuasive.
Applicant argues that Walls does not teach the memory structure of claim 1 because layer 170 and 140 have bottom most surfaces in a same horizontal plane.
In response, the limitation “electrode structure” is a relatively broad term that allows for a structure that includes an electrode to be interpreted as an electrode structure. In this case, the electrode structure of Walls is interpreted to be the combination of 140 and 106. As seen in FIG. 4N1, the bottom most surface of 106 is in a different horizontal plane than the bottom most surface of 170.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL M LUKE whose telephone number is (571)270-1569. The examiner can normally be reached Monday-Friday, 9am-5pm, EST.
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/DANIEL LUKE/Primary Examiner, Art Unit 2896
