Prosecution Insights
Last updated: July 17, 2026
Application No. 18/573,674

MAGNETIC MEMORY ELEMENT AND SEMICONDUCTOR DEVICE

Non-Final OA §102§103
Filed
Dec 22, 2023
Priority
Jul 01, 2021 — JP 2021-110141 +2 more
Examiner
CAMPBELL, SHAUN M
Art Unit
2893
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Sony Group Corporation
OA Round
1 (Non-Final)
73%
Grant Probability
Favorable
1-2
OA Rounds
0m
Est. Remaining
81%
With Interview

Examiner Intelligence

Grants 73% — above average
73%
Career Allowance Rate
760 granted / 1044 resolved
+4.8% vs TC avg
Moderate +8% lift
Without
With
+8.2%
Interview Lift
resolved cases with interview
Typical timeline
2y 6m
Avg Prosecution
28 currently pending
Career history
1086
Total Applications
across all art units

Statute-Specific Performance

§101
0.5%
-39.5% vs TC avg
§103
88.3%
+48.3% vs TC avg
§102
7.0%
-33.0% vs TC avg
§112
2.3%
-37.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1044 resolved cases

Office Action

§102 §103
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 . DETAILED ACTION Claims 1-10 are presented for examination. Specification The abstract of the disclosure is objected to because reference numerals should be deleted. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b). Claim Objections Claim 1 is objected to because of the following informalities: The first recitation of an abbreviation should be spelled out in the claims, as such, the abbreviation Hk should be spelled out in claim 1. Appropriate correction is required. 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 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)(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. Claim(s) 1-9 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by WO2020/008853A1 (provided on IDS received 12/22/2023) relying on Kariyada et al. (US Pub. No. 2021/0257541A1) as an English translation therefore, hereafter referred to as Kariyada. As to claim 1, Kariyada discloses a magnetic memory element (fig 9, 8; [0107]) comprising: a reference layer (120) of which a magnetization direction is fixed ([0070]); a tunnel barrier layer (130) provided on the reference layer (120); a magnetic storage layer (140) configured to be provided on the tunnel barrier layer (130) and of which a magnetization direction is changeable ([0071]); a high Hk application layer (165 / 150) configured to be provided on the magnetic storage layer (140) and improve magnetic anisotropy of the magnetic storage layer (140); and a Cap layer (161) provided on the high Hk application layer (165/150), wherein a material of the high Hk application layer ([0075]; [0105]) is different from a material of the Cap layer ([0078]), and the material of the high Hk application layer is a high melting point metal ([0075]; [0105]). As to claim 2, Kariyada discloses the magnetic memory element according to claim 1 (paragraphs above), wherein the material of the high Hk application layer includes at least one of W, Mo, and Ta ([0075]; [0105]). As to claim 3, Kariyada discloses the magnetic memory element according to claim 2 (paragraphs above), wherein the material of the high Hk application layer further includes at least one of Co, Fe, and B ([0075]; [0105]). As to claim 4, Kariyada discloses the magnetic memory element according to claim 1 (paragraphs above), wherein a layer thickness of the high Hk application layer is equal to or more than 0.2 nm and equal to or less than 1.0 nm ([0076]; [0105]). As to claim 5, Kariyada discloses the magnetic memory element according to claim 1 (paragraphs above), wherein the material of the Cap layer is a nonmagnetic oxide ([0078]). As to claim 6, Kariyada discloses the magnetic memory element according to claim 1 (paragraphs above), wherein the material of the Cap layer includes at least one of MgO, Gd, Tb, Dy, and Sc ([0078]). As to claim 7, Kariyada discloses the magnetic memory element according to claim 1 (paragraphs above), wherein the material of the high Hk application layer includes Mo ([0075]; [0105]), and the material of the Cap layer includes MgO ([0078]). As to claim 8, Kariyada discloses the magnetic memory element according to claim 1 (paragraphs above), wherein a material of the tunnel barrier layer includes MgO ([0070]), a material of the magnetic storage layer includes CoFeB ([0071]), the material of the high Hk application layer includes Mo ([0075]; [0105]), and the material of the Cap layer includes MgO ([0078]). As to claim 9, Kariyada discloses the magnetic memory element according to claim 1 (paragraphs above), wherein a coercive force after being lowered by a thermal load during a semiconductor process is equal to or more than 1200 Oe ([0137]-[0142] fig 24C). Claim Rejections - 35 USC § 103 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 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. This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kariyada in view of Oikawa et al. (US Pub. No. 2018/0277745 A1), hereafter referred to as Oikawa. As to claim 10, Kariyada discloses a semiconductor device ([0066]-[0067]) comprising a magnetic memory element (fig 9, 8) arranged on a semiconductor substrate (100, [0067]), wherein the magnetic memory element includes a reference layer (120) of which a magnetization direction is fixed ([0070]); a tunnel barrier layer (130) provided on the reference layer (120); a magnetic storage layer (140) configured to be provided on the tunnel barrier layer (130) and of which a magnetization direction is changeable ([0071]); a high Hk application layer (165 / 150) configured to be provided on the magnetic storage layer (140) and improve magnetic anisotropy of the magnetic storage layer (140); and a Cap layer (161) provided on the high Hk application layer (165/150), wherein a material of the high Hk application layer ([0075]; [0105]) is different from a material of the Cap layer ([0078]), and the material of the high Hk application layer is a high melting point metal ([0075]; [0105]). Kariyada does not explicitly disclose a plurality of magnetic memory elements. Nonetheless, Oikawa discloses a plurality of magnetic memory elements (fig 6, MTJ) on a semiconductor substrate (fig 6, SUB [0054]). It would have been obvious to one of ordinary skill in the art before the effective filing of the claimed invention to incorporate a plurality of magnetic memory elements of Kariyada in an integrated circuit device as taught by Oikawa since this will improve the functionality of the memory elements. Pertinent Art The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US2021/0057641A1 appears to also anticipate the claim limitations because figure 1 shows a reference layer 1, tunnel barrier layer 2, magnetic storage layer 3, high Hk application layer 4, and a cap layer 5. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHAUN M CAMPBELL whose telephone number is (571)270-3830. The examiner can normally be reached on MWFS: 7:30-6pm Thurs 1-2pm. 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, Purvis, Sue can be reached at (571)272-1236. 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. /SHAUN M CAMPBELL/Primary Examiner, Art Unit 2893 6/4/2026
Read full office action

Prosecution Timeline

Dec 22, 2023
Application Filed
Jun 08, 2026
Non-Final Rejection mailed — §102, §103 (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
73%
Grant Probability
81%
With Interview (+8.2%)
2y 6m (~0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1044 resolved cases by this examiner. Grant probability derived from career allowance rate.

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