Prosecution Insights
Last updated: July 17, 2026
Application No. 18/568,650

ELECTRONIC ELEMENT COMPRISING A PLURALITY OF CELLS ARRANGED IN A THREE DIMENSIONAL ARRAY OF CELLS AND METHOD FOR PRODUCING SUCH AN ELECTRONIC DEVICE

Non-Final OA §102
Filed
Dec 08, 2023
Priority
Jun 09, 2021 — EU 21178494.7 +1 more
Examiner
HENRY, CALEB E
Art Unit
2818
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Merck Patent GmbH
OA Round
1 (Non-Final)
87%
Grant Probability
Favorable
1-2
OA Rounds
0m
Est. Remaining
93%
With Interview

Examiner Intelligence

Grants 87% — above average
87%
Career Allowance Rate
1082 granted / 1248 resolved
+18.7% vs TC avg
Moderate +6% lift
Without
With
+6.1%
Interview Lift
resolved cases with interview
Typical timeline
2y 3m
Avg Prosecution
32 currently pending
Career history
1285
Total Applications
across all art units

Statute-Specific Performance

§101
0.9%
-39.1% vs TC avg
§103
71.9%
+31.9% vs TC avg
§102
22.9%
-17.1% vs TC avg
§112
1.3%
-38.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1248 resolved cases

Office Action

§102
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 . Specification The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed. Claim Rejections - 35 USC § 102 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 (i.e., changing from AIA to pre-AIA ) 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. 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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claims 1, 2 and 4 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Nishizawa (20140008601). Regarding claim 1, Nishizawa teaches a electronic element comprising a plurality of cells arranged in a three dimensional array of cells, wherein the cells are located at crossings between two crossed electrode lines (please see fig. 1 and 2), characterized in that each cell comprises in this order a first electrode (fig. 1 and 2: 12), a part of a molecular layer (fig. 1 and 2: 16) and a second electrode (fig. 1 and 2: 14), wherein the molecular layer (fig.1A and 1B: 16A) is a self-assembled monolayer of organic molecules having an anchoring group connected to a dipolar unit by means of a conformationally flexible unit (please see layer 16a in fig. 1A and 1B). Regarding claim 2, Nishizawa teaches a electronic element according to claim 1, wherein each cell further comprises a diode, a threshold switch, or a transistor as selector device (par. 109). Regarding claim 4, Nishizawa teaches a electronic element according to claim 1, wherein the first electrodes and/or second electrodes of each cell are made from a metal, a conductive alloy, a conductive ceramic, a semiconductor, a conductive oxidic material, conductive or semiconductive organic molecules or a layered conductive 2D material (fig. 1A, 1B, 5A and 5B). Claims 1-7 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Tanaka (20150083988). Regarding claim 1, Tanaka teaches a electronic element comprising a plurality of cells (par. 4) arranged in a three dimensional array of cells (par. 4), wherein the cells are located at crossings between two crossed electrode lines (please see fig. 1 and 2), characterized in that each cell comprises in this order a first electrode (fig. 1 and 2: 10), a part of a molecular layer (fig. 1 and 2: 14) and a second electrode (fig. 1 and 2: 12), wherein the molecular layer (fig. 2: 14; par. 54-67) is a self-assembled monolayer of organic molecules (par. 54-57) having an anchoring group connected to a dipolar unit by means of a conformationally flexible unit (please see layer 14 in fig. 2). Regarding claim 2, Tanaka teaches a electronic element according to claim 1, wherein each cell further comprises a diode, a threshold switch, or a transistor as selector device (par. 95). Regarding claim 3, Tanaka teaches a electronic element according to claim 2, wherein the selector device is configured as a further self-assembled monolayer of organic molecules or as an inorganic diode arranged between the molecular layer and the first electrode or the second electrode (par. 95). Regarding claim 4, Tanaka teaches a electronic element according to claim 1, wherein the first electrodes and/or second electrodes of each cell are made from a metal, a conductive alloy, a conductive ceramic, a semiconductor, a conductive oxidic material, conductive or semiconductive organic molecules or a layered conductive 2D material (par. 52) Regarding claim 5, Tanaka teaches a electronic element according to claim 1, wherein the organic molecules for the formation of the self-assembled monolayer are selected from one or more compounds of the formula I T−Z.sup.T−(A.sup.1−Z.sup.1).sub.r−B−(Z.sup.2A.sup.2).sub.s−(Z.sup.3A.sup.3).sub.t−(Z.sup.4A.sup.4).sub.u−Sp−G  (I) in which T is selected from the group of radicals consisting of the following groups: a) a three- to ten-membered saturated or partially unsaturated aliphatic ring, in which at least one —CH.sub.2— group is replaced with —O—, —S—, —S(O)—, —SO.sub.2—, —NR.sup.X— or —N(O)R.sup.x—, or in which at least one —CH═ group is replaced with —N═, b) straight chain or branched alkyl or alkoxy each having 1 to 20 C atoms, where one or more CH.sub.2 groups in these radicals may each be replaced, independently of one another, by —C═C—, —CH═CH—, ##STR00660## —O—, —S—, —CF.sub.2O—, —OCF.sub.2—, —CO—O—, —O—CO—, —SiR.sup.0R.sup.00—, —NH—, —NR.sup.0— or —SO.sub.2— in such a way that O atoms are not linked directly to one another, and in which one or more H atoms may be replaced by halogen, CN, SCN or SF.sub.5, wherein R.sup.0, R.sup.00, identically or differently, denote an alkyl or alkoxy radical having 1 to 15 C atoms, in which, in addition, one or more H atoms may be replaced by halogen, c) a diamondoid radical, preferably derived from a lower diamondoid, very preferably selected from the group consisting of adamantyl, diamantyl, and triamantyl, in which one or more H atoms can be replaced by F, in each case optionally fluorinated alkyl, alkenyl or alkoxy having up to 12 C atoms, in particular ##STR00661## Z.sup.T, Z.sup.1, Z.sup.2 and Z.sup.4, on each occurrence, identically or differently, denote a single bond, —CF.sub.2O—, —OCF.sub.2—, —CF.sub.2S—, —SCF.sub.2—, —CH.sub.2O—, —OCH.sub.2—, —C(O)O—, —OC(O)—, —C(O)S, —SC(O)—, —(CH.sub.2).sub.n1—, —(CF.sub.2).sub.n2—, —CF.sub.2CH.sub.2—, —CH.sub.2CF.sub.2—, —CH═CH—, —CF—CF—, —CF═CH—, —CH═CF—, —(CH.sub.2).sub.n3O—, —O(CH.sub.2).sub.n4—, —CC—, —O—, —S—, —CH═N—, —N═CH—, —N═N—, —N—N(O)—, —N(O)═N— or —N—C—C—N—, wherein n1, n2, n3, n4, identically or differently, are 1, 2, 3, 4, 5, 6, 7, 8, 9 or 10, Z.sup.3 denotes —O—, —S—, —CH.sub.2—, —C(O)—, —CF.sub.2—, —CHF—, —C(R.sup.x).sub.2—, —S(O)— or —SO.sub.2—, A.sup.1, A.sup.2 and A.sup.4, on each occurrence, identically or differently, denote an aromatic, heteroaromatic, alicyclic or heteroaliphatic ring having 4 to 25 ring atoms, which may also contain condensed rings and which may be mono- or polysubstituted by Y, A.sup.3 denotes an aromatic or heteroaromatic ring having 5 to 25 ring atoms, which may also contain condensed rings and which may be mono- or polysubstituted by Y.sup.C, Y on each occurrence, identically or differently, denotes F, Cl, CN, SCN, SF.sub.5 or straight-chain or branched, in each case optionally fluorinated alkyl, alkoxy, alkylcarbonyl, alkoxycarbonyl, alkylcarbonyloxy or alkoxycarbonyloxy having 1 to 12 C atoms, preferably F or Cl, Y.sup.C has one of the meanings of Y or denotes cycloalkyl or alkylcycloalkyl each having 3 to 12 C atoms, preferably methyl, ethyl, isopropyl, cyclopropyl, cyclobutyl, cyclopentyl, cyclohexyl, trifluoromethyl, methoxy or trifluoromethoxy, B denotes ##STR00662## ##STR00663## where the groups may be oriented in both directions, L.sup.1 to L.sup.5, independently of one another, denote F, Cl, Br, I, CN, SF.sub.5, CF.sub.3 or OCF.sub.3, preferably Cl or F, where L.sup.3 may alternatively also denote H, Sp denotes a spacer group or a single bond, G denotes —OH, —SH, —SO.sub.2OH, —OP(O)(OH).sub.2, —PO(OH).sub.2, —C(OH)(PO(OH).sub.2).sub.2, —COOH, —Si(OR.sup.x).sub.3, —SiCl.sub.3, —CH═CH.sub.2, —POCl.sub.2, —CO(NHOH), —CO(NR.sup.0OH), —Si(NMe.sub.2).sub.3; —O—C(O)—OR.sup.v, —O—C(O)—Si(OR.sup.V).sub.3, —PO(OR.sup.V).sub.2 or —SO.sub.2OR.sup.v or straight chain or branched alkyl having 1 to 12 C atoms in which one, two or three not geminal H atoms are substituted by OH; R.sup.0, R.sup.00, R.sup.x identically or differently, denote straight-chain or branched alkyl having 1 to 6 C atoms, R.sup.V denotes straight chain or branched alkyl having 1 to 12 C atoms, and r, s, t, and u, identically or differently, are 0, 1 or 2 (par. 54-57). Regarding claim 6, Tanaka teaches a electronic element (10) according to claim 5, wherein the group T in formula I denotes a three- to ten-membered saturated or partially unsaturated aliphatic ring, in which at least one —CH.sub.2— group is replaced with —O—, —S—, —NR.sup.x—, —S(O)—, —SO.sub.2—, —NR.sup.x— or —N(O)R.sup.x—, or in which at least one —CH═ group is replaced with —N═.( par.54-57). Regarding claim 7, Tanaka teaches a compound of formula IA T−(Z.sup.1−A.sup.1).sub.r−B−(Z.sup.2A.sup.2).sub.s−(Z.sup.3A.sup.3).sub.t−(Z.sup.4A.sup.4).sub.u−Sp−G  (IA) in which T denotes a three- to ten-membered saturated or partially unsaturated aliphatic ring, in which at least one —CH.sub.2— group is replaced with —O—, —S—, —NR.sup.x—, —S(O)—, —SO.sub.2—, —NR.sup.X— or —N(O)R.sup.x—, or in which at least one —CH═ group is replaced with —N═, and the groups Z.sup.1, A.sup.1, B, Z.sup.2, A.sup.2, Z.sup.3, A.sup.3, Z.sup.4, A.sup.4, Sp, G and the parameters r, s, t and u have the meanings defined in claim 5 (par. 54-57). Claims 1-7 and 23 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Terai (20160284868). Regarding claim 1, Terai teaches a electronic element comprising a plurality of cells (please see fig. 2 and 7 which shows 3D memory array comprised of memory cells) arranged in a three dimensional array of cells (please see fig. 2 and 7), wherein the cells are located at crossings between two crossed electrode lines (please see fig. 2 and 7), characterized in that each cell comprises in this order a first electrode (fig. 2: WL), a part of a molecular layer (fig. 3: 14) and a second electrode (fig. 2: BL), wherein the molecular layer (14; par. 50-57) is a self-assembled monolayer of organic molecules (par. 50-57) having an anchoring group connected to a dipolar unit by means of a conformationally flexible unit (please see layer 14 in fig. 3). Regarding claim 2, Terai teaches a electronic element according to claim 1, wherein each cell further comprises a diode, a threshold switch, or a transistor as selector device (par. 37). Regarding claim 3, Terai teaches a electronic element according to claim 2, wherein the selector device is configured as a further self-assembled monolayer of organic molecules or as an inorganic diode arranged between the molecular layer and the first electrode or the second electrode (please see fig. 4 and 5). Regarding claim 4, Terai teaches a electronic element according to claim 1, wherein the first electrodes and/or second electrodes of each cell are made from a metal, a conductive alloy, a conductive ceramic, a semiconductor, a conductive oxidic material, conductive or semiconductive organic molecules or a layered conductive 2D material (par. 36.teaches conductive WL and BL) Regarding claim 5, Terai teaches a electronic element according to claim 1, wherein the organic molecules for the formation of the self-assembled monolayer are selected from one or more compounds of the formula I T−Z.sup.T−(A.sup.1−Z.sup.1).sub.r−B−(Z.sup.2A.sup.2).sub.s−(Z.sup.3A.sup.3).sub.t−(Z.sup.4A.sup.4).sub.u−Sp−G  (I) in which T is selected from the group of radicals consisting of the following groups: a) a three- to ten-membered saturated or partially unsaturated aliphatic ring, in which at least one —CH.sub.2— group is replaced with —O—, —S—, —S(O)—, —SO.sub.2—, —NR.sup.X— or —N(O)R.sup.x—, or in which at least one —CH═ group is replaced with —N═, b) straight chain or branched alkyl or alkoxy each having 1 to 20 C atoms, where one or more CH.sub.2 groups in these radicals may each be replaced, independently of one another, by —C═C—, —CH═CH—, ##STR00660## —O—, —S—, —CF.sub.2O—, —OCF.sub.2—, —CO—O—, —O—CO—, —SiR.sup.0R.sup.00—, —NH—, —NR.sup.0— or —SO.sub.2— in such a way that O atoms are not linked directly to one another, and in which one or more H atoms may be replaced by halogen, CN, SCN or SF.sub.5, wherein R.sup.0, R.sup.00, identically or differently, denote an alkyl or alkoxy radical having 1 to 15 C atoms, in which, in addition, one or more H atoms may be replaced by halogen, c) a diamondoid radical, preferably derived from a lower diamondoid, very preferably selected from the group consisting of adamantyl, diamantyl, and triamantyl, in which one or more H atoms can be replaced by F, in each case optionally fluorinated alkyl, alkenyl or alkoxy having up to 12 C atoms, in particular ##STR00661## Z.sup.T, Z.sup.1, Z.sup.2 and Z.sup.4, on each occurrence, identically or differently, denote a single bond, —CF.sub.2O—, —OCF.sub.2—, —CF.sub.2S—, —SCF.sub.2—, —CH.sub.2O—, —OCH.sub.2—, —C(O)O—, —OC(O)—, —C(O)S, —SC(O)—, —(CH.sub.2).sub.n1—, —(CF.sub.2).sub.n2—, —CF.sub.2CH.sub.2—, —CH.sub.2CF.sub.2—, —CH═CH—, —CF—CF—, —CF═CH—, —CH═CF—, —(CH.sub.2).sub.n3O—, —O(CH.sub.2).sub.n4—, —CC—, —O—, —S—, —CH═N—, —N═CH—, —N═N—, —N—N(O)—, —N(O)═N— or —N—C—C—N—, wherein n1, n2, n3, n4, identically or differently, are 1, 2, 3, 4, 5, 6, 7, 8, 9 or 10, Z.sup.3 denotes —O—, —S—, —CH.sub.2—, —C(O)—, —CF.sub.2—, —CHF—, —C(R.sup.x).sub.2—, —S(O)— or —SO.sub.2—, A.sup.1, A.sup.2 and A.sup.4, on each occurrence, identically or differently, denote an aromatic, heteroaromatic, alicyclic or heteroaliphatic ring having 4 to 25 ring atoms, which may also contain condensed rings and which may be mono- or polysubstituted by Y, A.sup.3 denotes an aromatic or heteroaromatic ring having 5 to 25 ring atoms, which may also contain condensed rings and which may be mono- or polysubstituted by Y.sup.C, Y on each occurrence, identically or differently, denotes F, Cl, CN, SCN, SF.sub.5 or straight-chain or branched, in each case optionally fluorinated alkyl, alkoxy, alkylcarbonyl, alkoxycarbonyl, alkylcarbonyloxy or alkoxycarbonyloxy having 1 to 12 C atoms, preferably F or Cl, Y.sup.C has one of the meanings of Y or denotes cycloalkyl or alkylcycloalkyl each having 3 to 12 C atoms, preferably methyl, ethyl, isopropyl, cyclopropyl, cyclobutyl, cyclopentyl, cyclohexyl, trifluoromethyl, methoxy or trifluoromethoxy, B denotes ##STR00662## ##STR00663## where the groups may be oriented in both directions, L.sup.1 to L.sup.5, independently of one another, denote F, Cl, Br, I, CN, SF.sub.5, CF.sub.3 or OCF.sub.3, preferably Cl or F, where L.sup.3 may alternatively also denote H, Sp denotes a spacer group or a single bond, G denotes —OH, —SH, —SO.sub.2OH, —OP(O)(OH).sub.2, —PO(OH).sub.2, —C(OH)(PO(OH).sub.2).sub.2, —COOH, —Si(OR.sup.x).sub.3, —SiCl.sub.3, —CH═CH.sub.2, —POCl.sub.2, —CO(NHOH), —CO(NR.sup.0OH), —Si(NMe.sub.2).sub.3; —O—C(O)—OR.sup.v, —O—C(O)—Si(OR.sup.V).sub.3, —PO(OR.sup.V).sub.2 or —SO.sub.2OR.sup.v or straight chain or branched alkyl having 1 to 12 C atoms in which one, two or three not geminal H atoms are substituted by OH; R.sup.0, R.sup.00, R.sup.x identically or differently, denote straight-chain or branched alkyl having 1 to 6 C atoms, R.sup.V denotes straight chain or branched alkyl having 1 to 12 C atoms, and r, s, t, and u, identically or differently, are 0, 1 or 2 (par. 50-57 and fig. 3). Regarding claim 6, Terai teaches a electronic element (10) according to claim 5, wherein the group T in formula I denotes a three- to ten-membered saturated or partially unsaturated aliphatic ring, in which at least one —CH.sub.2— group is replaced with —O—, —S—, —NR.sup.x—, —S(O)—, —SO.sub.2—, —NR.sup.x— or —N(O)R.sup.x—, or in which at least one —CH═ group is replaced with —N═.( par. 50-57 and fig. 3). Regarding claim 7, Terai teaches a compound of formula IA T−(Z.sup.1−A.sup.1).sub.r−B−(Z.sup.2A.sup.2).sub.s−(Z.sup.3A.sup.3).sub.t−(Z.sup.4A.sup.4).sub.u−Sp−G  (IA) in which T denotes a three- to ten-membered saturated or partially unsaturated aliphatic ring, in which at least one —CH.sub.2— group is replaced with —O—, —S—, —NR.sup.x—, —S(O)—, —SO.sub.2—, —NR.sup.X— or —N(O)R.sup.x—, or in which at least one —CH═ group is replaced with —N═, and the groups Z.sup.1, A.sup.1, B, Z.sup.2, A.sup.2, Z.sup.3, A.sup.3, Z.sup.4, A.sup.4, Sp, G and the parameters r, s, t and u have the meanings defined in claim 5 (par. 50-57 and fig. 3). Regarding claim 23, Terai teaches a memory device comprising an electronic element according to claim 1, wherein cells of the electronic element serve as memory cells, and/or as neural network device, wherein cells of the electronic element serve as synapses (par. 161). Allowable Subject Matter Claim 8, dependent on claim 7, is 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. Claim 9, dependent on claim 7, is 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. Claim 10, dependent on claim 7, is 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. Claim 11 is objected to based in its dependency on claim 10. Claim 12 is 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. Claims 13-22 are objected to based in its dependency on claim 12. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to CALEB E HENRY whose telephone number is (571)270-5370. The examiner can normally be reached Mon-Fri. 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, Eva Montalvo can be reached at (571) 270-3829. 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. /CALEB E HENRY/Primary Examiner, Art Unit 2818
Read full office action

Prosecution Timeline

Dec 08, 2023
Application Filed
May 29, 2026
Non-Final Rejection mailed — §102 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12684934
LIGHT-EMITTING DEVICE
3y 4m to grant Granted Jul 14, 2026
Patent 12677421
MEMORY STRUCTURE AND METHOD OF MAKING
4y 2m to grant Granted Jul 07, 2026
Patent 12672521
METHOD OF FABRICATING A SEMICONDUCTOR DEVICE BASED ON A MEASURED MISALIGNMENT VALUE
3y 5m to grant Granted Jun 30, 2026
Patent 12672481
Display Device Including A Gap Between Light-Emitting Elements, Method For Manufacturing The Display Device, and Electronic Device
2y 12m to grant Granted Jun 30, 2026
Patent 12672289
MEMORY DEVICE INCLUDING WORD LINE CONTACT STRIPS AND METHODS OF FORMING THE SAME
2y 9m to grant Granted Jun 30, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

Strategy Recommendation AI-generated — please review before filing

Get a prosecution strategy drawn from examiner precedents, rejection analysis, and claim mapping.
Typically takes 5-10 seconds — AI-generated, attorney review required before filing

Prosecution Projections

1-2
Expected OA Rounds
87%
Grant Probability
93%
With Interview (+6.1%)
2y 3m (~0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1248 resolved cases by this examiner. Grant probability derived from career allowance rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month