Prosecution Insights
Last updated: April 19, 2026
Application No. 18/575,281

Magnetic Memory Cell and Magnetic Memory

Non-Final OA §102§103
Filed
Dec 28, 2023
Examiner
PATERSON, BRIGITTE A
Art Unit
2896
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Zhejiang Hikstor Technology Co. Ltd.
OA Round
1 (Non-Final)
76%
Grant Probability
Favorable
1-2
OA Rounds
2y 11m
To Grant
99%
With Interview

Examiner Intelligence

Grants 76% — above average
76%
Career Allow Rate
283 granted / 371 resolved
+8.3% vs TC avg
Strong +23% interview lift
Without
With
+23.4%
Interview Lift
resolved cases with interview
Typical timeline
2y 11m
Avg Prosecution
31 currently pending
Career history
402
Total Applications
across all art units

Statute-Specific Performance

§101
1.2%
-38.8% vs TC avg
§103
45.1%
+5.1% vs TC avg
§102
30.1%
-9.9% vs TC avg
§112
22.2%
-17.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 371 resolved cases

Office Action

§102 §103
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. 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. Claim(s) 1-6, 8-15, 17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 20190051822 A1 (Chatterjee). Re claim 1 , Chatterjee teaches a magnetic memory cell, sequentially comprising a first electrode, a transition combination layer, a Magnetic Tunnel Junction (MTJ) ( PL/MgO/CSL ) , and a second electrode from bottom to top; the first electrode ( metallic seed layer ) and the second electrode ( metallic cap layer ) are used to connect to an external circuit ( MRAM operation ) , and used to control a resistance state of the MTJ ( MRAM operation ) ; and the transition combination layer ( hard layer HL/TriAF /PL ) comprises at least one boron supply layer ( HL [0071] ) and at least one boron adsorption buffer layer ( TriAF [0076] ) that are stacked ( Fig. 8 ) . Re claim 2 , Chatterjee teaches wherein the transition combination layer comprises at least of one of the following: a plurality of the boron supply layers and a plurality of the boron adsorption buffer layers ( [0071,0076] ) . Re claim 3 , Chatterjee teaches wherein the plurality of the boron supply layers are alternately stacked with the plurality of the boron adsorption buffer layers ( HL comprises nanolaminates of CoFeB/X where X are various metals without boron ) . Re claim 4 , Chatterjee teaches wherein the transition combination layer sequentially comprises a first boron adsorption buffer layer, the boron supply layer, and a second boron adsorption buffer layer from bottom to top ( HL comprises nanolaminates of CoFeB/X where X are various metals without boron ) . Re claim 5 , Chatterjee teaches wherein the at least one boron adsorption buffer layer comprises at least one of metal molybdenum , chromium , hafnium, zirconium, magnesium, aluminum, zinc, titanium, vanadium and niobium ( TriAF comprises T layers which include Nb, V, Cr, Mo [0076] ) . Re claim 6 , Chatterjee teaches wherein the at least one boron supply layer comprises at least one of cobalt boride, iron boride, nickel boride, cobalt iron boron , cobalt iron chromium boron and tantalum boride ( CoFeB [0071] ) . Re claim 8 , Chatterjee teaches wherein the MTJ further comprises a synthetic antiferromagnetic structure layer ( Top SAF Fig. 8 ) . Re claim 9 , Chatterjee teaches wherein the MTJ is in contact with the at least one boron supply layer ( all layers are in electrical contact with each other Fig. 8 ) . Re claim 1 0 , Chatterjee teaches a magnetic memory, comprising the a magnetic memory cell wherein the magnetic memory cell ( MRAM ) sequentially comprising a first electrode, a transition combination layer, a Magnetic Tunnel Junction (MTJ) ( PL/MgO/CSL ) , and a second electrode from bottom to top; the first electrode ( metallic seed layer ) and the second electrode ( metallic cap layer ) are used to connect to an external circuit ( MRAM operation ) , and used to control a resistance state of the MTJ ( MRAM operation ) ; and the transition combination layer ( hard layer HL/TriAF ) comprises at least one boron supply layer ( HL [0071] ) and at least one boron adsorption buffer layer ( TriAF [0076] ) that are stacked ( Fig. 6(a) ) . Re claim 1 1 , Chatterjee teaches wherein the transition combination layer comprises at least of one of the following: a plurality of the boron supply layers and a plurality of the boron adsorption buffer layers ( [0071,0076] ) . Re claim 1 2 , Chatterjee teaches wherein the plurality of the boron supply layers are alternately stacked with the plurality of the boron adsorption buffer layers ( HL comprises nanolaminates of CoFeB/X where X are various metals without boron ) . Re claim 1 3 , Chatterjee teaches wherein the transition combination layer sequentially comprises a first boron adsorption buffer layer, the boron supply layer, and a second boron adsorption buffer layer from bottom to top ( HL comprises nanolaminates of CoFeB/X where X are various metals without boron ) . Re claim 1 4 , Chatterjee teaches wherein the at least one boron adsorption buffer layer comprises at least one of metal molybdenum , chromium , hafnium, zirconium, magnesium, aluminum, zinc, titanium, vanadium and niobium ( TriAF comprises T layers which include Nb, V, Cr, Mo [0076] ) . Re claim 1 5 , Chatterjee teaches wherein the at least one boron supply layer comprises at least one of cobalt boride, iron boride, nickel boride, cobalt iron boron , cobalt iron chromium boron and tantalum boride ( CoFeB [0071] ) . Re claim 1 7 , Chatterjee teaches wherein the MTJ further comprises a synthetic antiferromagnetic structure layer ( Top SAF Fig. 8 ) . 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. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. Claim(s) 7, 16, 18, and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 20190051822 A1 (Chatterjee) further in view of US 20200341079 A1 (Swerts) . Re claim 7 , Chatterjee teaches the magnetic memory cell according to claim 1, and further teaches wherein a range of a thickness of at least one of the at least one boron adsorption buffer layer ( C and T layers in the TriAF can be between 0.2 nm-0.9 nm and 0.1 nm-0.6 nm respectively [0032- 0033] ) is 0.3 nm to 0.8 nm, and the range comprises endpoint values. However, Chatterjee is silent with regards to the thicknesses of the layers making up the nanolaminate hard layer HL which includes the CoFeB layers ([0071]). Swerts teaches making nanolmainates of CoFeB or CoB with inveneing boron free layers in an MTJ wherein the thickness of the CoFeB layers is 0.4-0.5 nm ([ 0083 ]). It would have been obvious to one of ordinary skill in the art at the time of filing to form the CoFeB layers of the HL: in Chatterjee using thicknesses as taught by Swertsa. The motivation to do so is that Chatterjee is silent with regard to the thicknesses of the individual layers that make up the hard layer and thus the ordinary skilled artisan would look to Swerts to find working values for the thickness of the these layers. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990) ; In re Geisler, 116 F.3d 1465, 1469-71, 43 USPQ2d 1362, 1365-66 (Fed. Cir. 1997) . "[A] prior art reference that discloses a range encompassing a somewhat narrower claimed range is sufficient to establish a prima facie case of obviousness." In re Peterson , 315 F.3d 1325, 1330, 65 USPQ2d 1379, 1382-83 (Fed. Cir. 2003). See also In re Harris, 409 F.3d 1339, 74 USPQ2d 1951 (Fed. Cir. 2005); See also In re Baird, 16 F.3d 380, 29 USPQ2d 1550 (Fed. Cir. 1994); In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992) (MPEP 2144.05 (I)). Re claim 16 , Chatterjee teaches the magnetic memory according to claim 10, wherein a range of a thickness of at least one of the at least one boron adsorption buffer layer ( C and T layers in the TriAF can be between 0.2 nm-0.9 nm and 0.1 nm-0.6 nm respectively [0032-0033] ) is 0.3 nm to 0.8 nm, and the range comprises endpoint values . However, Chatterjee is silent with regards to the thicknesses of the layers making up the nanolaminate hard layer HL which includes the CoFeB layers ([0071]). Swerts teaches making nanolmainates of CoFeB or CoB with inveneing boron free layers in an MTJ wherein the thickness of the CoFeB layers is 0.4-0.5 nm ([ 0083 ]). It would have been obvious to one of ordinary skill in the art at the time of filing to form the CoFeB layers of the HL: in Chatterjee using thicknesses as taught by Swertsa. The motivation to do so is that Chatterjee is silent with regard to the thicknesses of the individual layers that make up the hard layer and thus the ordinary skilled artisan would look to Swerts to find working values for the thickness of the these layers. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990) ; In re Geisler, 116 F.3d 1465, 1469-71, 43 USPQ2d 1362, 1365-66 (Fed. Cir. 1997) . "[A] prior art reference that discloses a range encompassing a somewhat narrower claimed range is sufficient to establish a prima facie case of obviousness." In re Peterson , 315 F.3d 1325, 1330, 65 USPQ2d 1379, 1382-83 (Fed. Cir. 2003). See also In re Harris, 409 F.3d 1339, 74 USPQ2d 1951 (Fed. Cir. 2005); See also In re Baird, 16 F.3d 380, 29 USPQ2d 1550 (Fed. Cir. 1994); In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992) (MPEP 2144.05 (I)). Re claim 18 , Chatterjee teaches the magnetic memory cell according to claim 1, wherein the at least one boron supply layer is CoFeB, and a ratio of Co to Fe is 1 to 3, and boron content is 20 at.% ( Co1−xFex)1-yBy compositions (x between 0 and 1 and y between 0 and 0.3) ) . However, Chatterjee is silent with regards to the thicknesses of the layers making up the nanolaminate hard layer HL which includes the CoFeB layers ([0071]). Swerts teaches making nanolmainates of CoFeB or CoB with inveneing boron free layers in an MTJ wherein the thickness of the CoFeB layers is 0.4-0.5 nm ([ 0083 ]). It would have been obvious to one of ordinary skill in the art at the time of filing to form the CoFeB layers of the HL: in Chatterjee using thicknesses as taught by Swertsa. The motivation to do so is that Chatterjee is silent with regard to the thicknesses of the individual layers that make up the hard layer and thus the ordinary skilled artisan would look to Swerts to find working values for the thickness of the these layers. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990) ; In re Geisler, 116 F.3d 1465, 1469-71, 43 USPQ2d 1362, 1365-66 (Fed. Cir. 1997) . "[A] prior art reference that discloses a range encompassing a somewhat narrower claimed range is sufficient to establish a prima facie case of obviousness." In re Peterson , 315 F.3d 1325, 1330, 65 USPQ2d 1379, 1382-83 (Fed. Cir. 2003). See also In re Harris, 409 F.3d 1339, 74 USPQ2d 1951 (Fed. Cir. 2005); See also In re Baird, 16 F.3d 380, 29 USPQ2d 1550 (Fed. Cir. 1994); In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992) (MPEP 2144.05 (I)). Re claim 19 , Chatterjee teaches the magnetic memory cell according to claim 1, wherein the at least one boron supply layer is CoB, and boron content is 20 at.% ( Co1−xFex)1-yBy compositions (x between 0 and 1 and y between 0 and 0.3) ) . However, Chatterjee is silent with regards to the thicknesses of the layers making up the nanolaminate hard layer HL which includes the CoFeB layers ([0071]). Swerts teaches making nanolmainates of CoFeB or CoB with inveneing boron free layers in an MTJ wherein the thickness of the CoFeB layers is 0.4-0.5 nm ([ 0083 ]). It would have been obvious to one of ordinary skill in the art at the time of filing to form the CoFeB layers of the HL: in Chatterjee using thicknesses as taught by Swertsa. The motivation to do so is that Chatterjee is silent with regard to the thicknesses of the individual layers that make up the hard layer and thus the ordinary skilled artisan would look to Swerts to find working values for the thickness of the these layers. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990) ; In re Geisler, 116 F.3d 1465, 1469-71, 43 USPQ2d 1362, 1365-66 (Fed. Cir. 1997) . "[A] prior art reference that discloses a range encompassing a somewhat narrower claimed range is sufficient to establish a prima facie case of obviousness." In re Peterson , 315 F.3d 1325, 1330, 65 USPQ2d 1379, 1382-83 (Fed. Cir. 2003). See also In re Harris, 409 F.3d 1339, 74 USPQ2d 1951 (Fed. Cir. 2005); See also In re Baird, 16 F.3d 380, 29 USPQ2d 1550 (Fed. Cir. 1994); In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992) (MPEP 2144.05 (I)). Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 20190051822 A1 (Chatterjee) further in view of US 10,043,851 B1 ( Shen ). Re claim 19 , Chatterjee teaches the magnetic memory cell according to claim 1, and wherein the MTJ comprises a fixed layer ( Top SAF ) , a barrier layer ( MgO ) , and at least one free layer ( CSL ) , the fixed layer includes a reference layer ( 2 nd HL ) and a pinning layer ( APL ) ; the reference layer comprises at least one of Co, Fe, Ni, CoB, FeB, NiB, CoFe, NiFe, CoNi and CoFeB ; and the barrier layer comprises MgO , or one of MgO doped with AI, Zn and Hf ( Fig. 8 ) . However, Chatterjee does not explicitly teach a seed layer. Shen teaches forming a MTJ structure having CoFeB/MgO layers wherein the CoFeB is grown on NiCr or Ru seed layers ( Col 4 lines 59-67 ). It would have been obvious to one of ordinary skill in the art at the time of filing to form the CoFeB layers of Chatterjee on a seed layer of NiCr or Ru. The motivation to do so is that seed layers perform the predictable result of promoting smooth and uniform grain structure in overlying layers. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to FILLIN "Examiner name" \* MERGEFORMAT BRIGITTE A PATERSON whose telephone number is FILLIN "Phone number" \* MERGEFORMAT (571)272-1752 . The examiner can normally be reached FILLIN "Work Schedule?" \* MERGEFORMAT Monday-Friday 9:00AM-5:00PM . 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, FILLIN "SPE Name?" \* MERGEFORMAT William Kraig can be reached at FILLIN "SPE Phone?" \* MERGEFORMAT 571-272-8660 . 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. FILLIN "Examiner Stamp" \* MERGEFORMAT BRIGITTE A. PATERSON Primary Examiner Art Unit 2896 /BRIGITTE A PATERSON/ Primary Examiner, Art Unit 2896
Read full office action

Prosecution Timeline

Dec 28, 2023
Application Filed
Feb 25, 2026
Non-Final Rejection — §102, §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12588352
ENERGY LEVELS AND DEVICE STRUCTURES FOR PLASMONIC OLEDS
2y 5m to grant Granted Mar 24, 2026
Patent 12588495
BONDING ALIGNMENT MARKS AT BONDING INTERFACE
2y 5m to grant Granted Mar 24, 2026
Patent 12583740
INTER-POLY CONNECTION FOR PARASITIC CAPACITOR AND DIE SIZE IMPROVEMENT
2y 5m to grant Granted Mar 24, 2026
Patent 12581709
TELLURIUM OXIDE, AND THIN FILM TRANSISTOR COMPRISING SAME AS CHANNEL LAYER
2y 5m to grant Granted Mar 17, 2026
Patent 12568866
SEMICONDUCTOR STRUCTURE AND METHOD OF MANUFACTURING THE SAME
2y 5m to grant Granted Mar 03, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

AI Strategy Recommendation

Get an AI-powered prosecution strategy using examiner precedents, rejection analysis, and claim mapping.
Powered by AI — typically takes 5-10 seconds

Prosecution Projections

1-2
Expected OA Rounds
76%
Grant Probability
99%
With Interview (+23.4%)
2y 11m
Median Time to Grant
Low
PTA Risk
Based on 371 resolved cases by this examiner. Grant probability derived from career allow 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