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 Objections
Claim 2-11 objected to because of the following informalities:
Claim 1 now recites “A switch”, however dependent claims need to start with “The switch” . Appropriate correction is required.
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.
Note: The rejection below is the same as in the previous office action.
Claim(s) 1-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Li (US 20100258777 A1) in view of Reig et al. (US 20190088721 A1) hereafter referred to as Reig
In regard to claim 1 Li teaches a PRAM [see paragraph 0051 “With reference to FIGS. 4 and 5, an exemplary embodiment of a novel diamond type quad-resistor cell of PRAM ...”, under broadest reasonable interpretation a PRAM is a switch because it switches from high resistance to low resistance, see paragraph 0005 “The PRAM cell uses the characteristic behavior of chalcogenide glass, which can be "switched" between two states, i.e., crystalline and amorphous, by the application of heat”] comprising:
- first, second and third electrodes [“As shown in FIGS. 4 and 5, each PRAM cell of the quad-resistor cell of PRAM includes a bottom electrode 400 (e.g., a separate or individual bottom electrode) that is coupled to a heater resistor 402 by a via interconnect 416” ];
- a region made of a phase-change material [see Fig. 5 “The material of the PCM 404 is not limited to a compound of group VI chalcogenic elements S, Se, Te with group IV and V elements” , see what Li means, see paragraph 0005 “The phase change material (PCM) 232 of the PRAM resistor 110 commonly is formed from a phase change compound of group VI chalcogenic elements S, Se, Te with group IV and V elements. For example, conventional PRAM typically uses a chalcogenide alloy of germanium, antimony and tellurium (GeSbTe) called GST”] coupling the first, second, and third electrodes; and
- first, second, and third heater elements [see Fig. 5, “The PRAM quad resistor cell includes four individual PRAM cells, including four individual bottom electrodes 400, via interconnects 416, and heater resistors 402” “In an embodiment, the heater resistor 402 can be formed using a metal having a high resistivity to generate a Joule effect while the writing occurs”] connected between a first surface of the region of phase-change material and the first, second, and third electrodes, respectively; and
- a continuous conductive layer [see Fig. 5, “The quad-cell structure also includes a top electrode 408 that is shared by, or common to, each of the four PRAM cells”] integrally coating a second surface of the region of phase-change material opposite to the first surface,
but does not teach that the PRAM is a Switch, the second and third heater elements being intended to modify the state of the phase-change material in first and second areas within said region by application respectively of a first control signal between the conductive layer and the second heater element, and of a second control signal between the conductive layer and the third heater element, wherein the first and second electrodes are intended to be connected to a radio frequency communication circuit and the third electrode is intended to be taken to a reference potential.
As stated above see that a PRAM is a switch because it switches from high resistance to low resistance, see paragraph 0005 “The PRAM cell uses the characteristic behavior of chalcogenide glass, which can be "switched" between two states, i.e., crystalline and amorphous, by the application of heat”.
See Reig teaches “An RF switch provided with a first region based on a phase change material disposed between a first conductive element and a second conductive element and state control means for said first region”, see paragraph 0052 “FIGS. 5A-5H are used to illustrate an example of a process for manufacturing an RF switch” see heating “if a so-called “crystallisation” current is applied between the electrodes 13a and 14a, the material VO.sub.2 of the regions 17, 19 remains conductive whereas the material GeTe of the regions 15 becomes crystalline” see another way to change 15 “Alternatively, another configuration can be provided with regions 15, 17 and 19 based on a same PCM material, for example GeTe. In this case, adapted respective geometries and/or dimensions can then be provided for the regions 15, 17 and/or 19 in order to be capable of performing independent switching of the RF switch and the decoupling switch(es)” “If an amorphisation current is now applied between the control electrodes 13a and 14a for example in the order of 10 mA for a duration in the order of 50 ns, the current passes through the regions 17, 15 and 19 and the region 15 is made amorphous” “if a crystallisation current of 1 mA for a duration of 10 μs is applied between the control electrodes 13a and 14a, then this current passes through the regions 17, 15 and 19 and the region 15 becomes again in a crystal state, whereas the regions 17 and 19 remain in a crystal state”. The Examiner notes that the operation in Reig is based on the current flow. See paragraphs 0019-0046, a plurality of configurations can be used “According to a first possible implementation of the RF switch, the electrodes for applying the activating electrical signal are heating electrodes distinct from said control electrodes. [0026] According to a second possible implementation, the activating electrical signal is conveyed through the first control electrode. The first control electrode then ensures the function of a heating electrode for the second PCM region and of a control electrode for the first PCM region. According to a particular embodiment, the first conductive element is a conductive line able to convey the RF signal from a first point to a second point of an RF circuit, the first region of phase change material forming a controlled shunt. The second conductive element thereby acts as a ground to which the RF signal can be shunted. [0027] According to a third possible implementation, the activating electrical signal is conveyed by the first control electrode and a heating electrode distinct from said first and second control electrodes. [0028] According to a fourth possible implementation, the electrodes able to apply the activating electrical signal are heating electrodes distinct from said first and second control electrodes, the second region of PCM material being disposed between the first control electrode and a second control electrode in contact with the first conductive element.”. See that ground is a reference potential.
See that in Li “the heater resistor 402 can be formed using a metal having a high resistivity” , see Li teaches optimization, see paragraph 0055 “The size of the contact window or active area 410 between the PCM film 404 and each of the heater resistors 402 is a factor in reducing the set current and the reset current of the PRAM cell. The active area 410 can be a distance (e.g., a predetermined minimum distance) from an edge of the PCM 404 such that an impact on the active area from the etching process can be prevented or reduced. Also, by reducing the size of the contact window between the PCM film 404 and each of the heater resistors 402, the disclosed embodiments can reduce the set current and the reset current of the PRAM cell”.
Thus, it 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 to modify Li such that a combination of the electrodes can be used to change the PCM 404 from crystalline to amorphous and back, whereas another combination electrodes can be used to transmit an RF signal i.e. to modify Li to include that the PRAM is a Switch, the second and third heater elements being intended to modify the state of the phase-change material in first and second areas within said region by application respectively of a first control signal between the conductive layer and the second heater element, and of a second control signal between the conductive layer and the third heater element, wherein the first and second electrodes are intended to be connected to a radio frequency communication circuit and the third electrode is intended to be taken to a reference potential.
Thus it would be obvious to combine the references to arrive at the claimed invention.
The motivation is that the device of Li is very optimizable and can be used for additional purposes such as RF switch to perform work using RF signals that can be controlled by the device of Li in the configuration of a switch.
In regard to claim 2 Li and Reig as combined teaches wherein the first heater element is intended to modify the state of the phase-change material in a third area [see this due to the shape which is the same shape as the instant Application, see the + shape has 4 arms touching a common area, each arm has a heater resistor attached to it, and see the combination the heater not only conducts electricity but is also a heater, thus creating a temperature gradient in the phase change material, see the operation of Reig, see the PCM 15 changes state due to the current flow], different from the first and second areas, within the region of phase-change material.
In regard to claim 3 Li and Reig as combined teaches further comprising a fourth electrode and a fourth heater element connected between the first surface of the region of phase-change material and the fourth electrode [see this due to the shape which is the same shape as the instant Application, see the + shape has 4 arms touching a common area, each arm has a heater resistor attached to it, and see the combination the heater not only conducts electricity but is also a heater, thus creating a temperature gradient in the phase change material, see the operation of Reig, see the PCM 15 changes state due to the current flow], the fourth heater element being intended to modify the state of the phase-change material in a fourth area, different from the first and second areas, within said region.
In regard to claim 4 Li and Reig as combined teaches wherein the third and fourth heater elements are intended to be controlled so as to have the third and fourth zones of phase-change material change [see this due to the shape which is the same shape as the instant Application, see the + shape has 4 arms touching a common area, each arm has a heater resistor attached to it, and see the combination the heater not only conducts electricity but is also a heater, thus creating a temperature gradient in the phase change material, see the operation of Reig, see the PCM 15 changes state due to the current flow] from a first state to a second state when the first and second heater elements are controlled so as to have the first and second areas of phase-change material change from the second to the first state.
In regard to claim 5 Li and Reig as combined does not specifically teach wherein the first, second, and third electrodes are respectively connected to first, second, and third conductive regions, each corresponding to a conduction electrode of a MOS transistor formed in a substrate.
However see the plurality of configurations taught by Reig to make switching of the RF signal possible, see that each arm of the plurality of cross shapes in Fig 5A-H have a control to drive the control current or alternatively the RF signal to be transmitted or blocked.
See Li is using CMOS for control, see paragraph 0043 “The embodiments are applicable, for example, to a complementary metal oxide semiconductor (CMOS) device to drive phase change material (PCM) switching”.
Thus, it 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 to modify Li to include wherein the first, second, and third electrodes are respectively connected to first, second, and third conductive regions, each corresponding to a conduction electrode of a MOS transistor formed in a substrate.
Thus it would be obvious to combine the references to arrive at the claimed invention.
The motivation is to use the CMOS of Li to operate the device of Li to perform work using RF signals that can be controlled by the device of Li in the configuration of a switch.
In regard to claim 6 Li and Reig as combined does not specifically teach wherein the first, second, and third electrodes are respectively connected to first, second, and third control circuits, each comprising a node of application of a control potential.
However see the plurality of configurations taught by Reig to make switching of the RF signal possible, see that each arm of the plurality of cross shapes in Fig 5A-H have a control to drive the control current or alternatively the RF signal to be transmitted or blocked.
See Li is using CMOS for control, see paragraph 0043 “The embodiments are applicable, for example, to a complementary metal oxide semiconductor (CMOS) device to drive phase change material (PCM) switching”.
Thus, it 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 to modify Li to include wherein the first, second, and third electrodes are respectively connected to first, second, and third control circuits, each comprising a node of application of a control potential.
Thus it would be obvious to combine the references to arrive at the claimed invention.
The motivation is use the CMOS of Li to operate the device of Li to perform work using RF signals that can be controlled by the device of Li in the configuration of a switch.
In regard to claim 7 Li and Reig as combined does not specifically teach wherein the first and second areas interpenetrate.
However see that this is dependent on several factors i.e. the size of the arms of the cross, the temperature gradient in the arms, the currents chosen for changing states from crystalline to amorphous and back, and see the plurality of configurations taught by Reig to make switching of the RF signal possible.
It 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 to use “ wherein the first and second areas interpenetrate”, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or working ranges involves only routine skill in the art. In re Aller, 105 USPQ 233
In regard to claim 8 Li and Reig as combined does not specifically teach wherein the first and second areas are separate.
However see that this is dependent on several factors i.e. the size of the arms of the cross, the temperature gradient in the arms, the currents chosen for changing states from crystalline to amorphous and back, and see the plurality of configurations taught by Reig to make switching of the RF signal possible.
It 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 to use “wherein the first and second areas are separate”, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or working ranges involves only routine skill in the art. In re Aller, 105 USPQ 233
In regard to claim 9 Li and Reig as combined teaches further comprising at least one additional third heater element connected between [see this due to the shape which is the same shape as the instant Application, see the + shape has 4 arms touching a common area, each arm has a heater resistor attached to it, and see the combination the heater not only conducts electricity but is also a heater, thus creating a temperature gradient in the phase change material, see the operation of Reig, see the PCM 15 changes state due to the current flow] the first surface of the region of phase-change material and the third electrode, each additional third heater element being intended to modify the state of the phase-change material in an additional second area within said region.
In regard to claim 10 Li and Reig as combined teaches further comprising at least one additional second heater element connected between [see this due to the shape which is the same shape as the instant Application, see the + shape has 4 arms touching a common area, each arm has a heater resistor attached to it, and see the combination the heater not only conducts electricity but is also a heater, thus creating a temperature gradient in the phase change material, see the operation of Reig, see the PCM 15 changes state due to the current flow] the first surface of the region of phase-change material and the second electrode, each additional second heater element being intended to modify the state of the phase-change material in an additional first area within said region.
In regard to claim 11 Li and Reig as combined teaches [see Li “The material of the PCM 404 is not limited to a compound of group VI chalcogenic elements S, Se, Te with group IV and V elements”, see what Li means, see paragraph 0005 “The phase change material (PCM) 232 of the PRAM resistor 110 commonly is formed from a phase change compound of group VI chalcogenic elements S, Se, Te with group IV and V elements. For example, conventional PRAM typically uses a chalcogenide alloy of germanium, antimony and tellurium (GeSbTe) called GST”] wherein the region of phase-change material is made of at least one chalcogenide material, preferably selected from among GeTe, GeSbTe, SbTe, and GeTeN.
Response to Arguments
Applicant's arguments filed 7/23/2026 have been fully considered but they are not persuasive.
On page 5-9 the Applicant argues “Li relates to memories and its description is limited to data storage applications. Nothing in Li suggests a radio-frequency switching application.
Nothing in Reig teaches or suggests one of skill in the art to start from a memory cell in order to produce an RF switch.
There is no support in the references of record or in any combination of the references for the proposition that "the device of Li is very optimizable and can be used for additional purpose such as an RF switch to perform work using RF signals that can be controlled by the device of Li in the configuration of a switch". The only support in the record for such a combination of the references is found in Applicant's application and using such reasoning is legally improper”.
The Examiner responds that the PRAM of Li is a non-volatile memory based on a switch i.e. the switching state of the phase change, and that is why it is called a phase change material because it changes phase, whether the Applicant chooses to describe Li as a memory based on a switch or a switch which has memory functionality, the fundamental fact is that it is a switch. By comparison a field effect transistor is a switch, however it has no memory functionality. As another example, the President of the United States is a human with the added functionality of being the President. The secondary reference Reig also uses a change in phase, see the GeTe has amorphous and crystalline states and teaches how to use this phase change switching behavior to perform work. Given that the secondary reference Reig teaches both phase change and how to perform work in RF switching, the Applicant’s argument that “The only support in the record for such a combination of the references is found in Applicant's application” is clearly untrue and the Examiner cannot give allowance based on an untrue statement. The Examiner notes that Reig has already disclosed using stored non-volatile switching state of GeTe to control RF behavior, thus it is not the Applicant that invented this RF switch, in fact prior art Reig has already disclosed this, so there is no way that the Examiner can give an allowance.
On page 9-11 the Applicant argues “Furthermore, the present application indicates (see paragraph [0056]) that a vertical PCRAM-type structure with a top electrode, such as that of Li, exhibits an ROFF/RON ratio of only around one hundred, which is incompatible with a radio-frequency switching application.”.
The Examiner responds that the question is not how well a functionality is rendered and notes that the prior art combination teaches a desired functionality and in addition the Exaimer notes that in response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., “ROFF/RON ratio”) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
On page 9-11 the Applicant argues “In order to overcome this problem, Applicant's specification explains that the disclosed technology provides for the presence of two switchable areas between the heater elements (see paragraph [0062]). Therefore, the skilled person would have no reason to use the Li cell as an RF switch. In fact, such a modification amount to diverting the Li cell from its memory function. Since such a modification would amount to altering Li's operating principle, this is legally impermissible”.
The Examiner responds that as stated above the PRAM of Li is a non-volatile memory based on a switch i.e. the switching state of the phase change and in combination with Reig, this non-volatile switching of phase change material is used to perform work and it still has memory behavior because it is still storing the state of the phase change material that changes phase and is using that memory state to control RF behavior. The Examiner notes that Reig has already disclosed using stored non-volatile switching state of GeTe to control RF behavior, thus it is not the Applicant that invented this RF switch, in fact prior art Reig has already disclosed this, so there is no way that the Examiner can give an allowance.
On page 11 the Applicant argues “Finally, none of the cited documents, taken alone or in combination, teaches or suggests the claimed control mechanism, namely, with reference to Applicant's specification, the application of two distinct control signals between the continuous conductive layer 105 and, respectively, the second and third heater elements 109b and 109d, so as to create two switchable areas within a single phase-change material region. In Li, programming is performed cell by cell to store independent bits, and not to establish or interrupt a conduction path between two electrodes. In Reig, heating is indirect and relies on dedicated heating electrodes, separate from the circuit electrodes: this mechanism is incompatible with that of claim 1, in which the heater element serves both as an electrical terminal and as a heat source, with the control current passing through the phase-change material region to the conductive layer. Clearly, no combination of Li and Reig would enable the skilled person to arrive at the claimed invention”.
The Examiner responds that the Applicant’s argument “programming is performed cell by cell to store independent bits, and not to establish or interrupt a conduction path between two electrodes” is untrue, by definition the phase change memory expressly changes the current flowing through the phase change material, and the “bits” are the resistance change in state of the phase change material and there is absolutely no doubt that the phase change material performs switching, that is the basis on which the device works.
The Examiner responds that as stated in the rejection above in claims 3 and 4, the Examiner has explained why the prior art combination teaches the functionality to be obvious, and the Examiner notes that phase change memory does use heat and electricity and the cited prior art combination uses heat and electricity and the heat affects the whole device, thus the Applicant has not found or claimed anything novel, this is standard knowledge known to any person of ordinary skill in the art and the Examiner cannot give allowance.
The Examiner’s response the Applicant arguments regarding the dependent claims is the same response above regarding the independent claim.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Singh et al. (see PTO-892) teaches general state of the art, see "Chalcogenide Phase-Change Material Germanium Telluride for Radio-Frequency Applications: An overview".
THIS ACTION IS MADE FINAL. 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 SITARAMARAO S YECHURI whose telephone number is (571)272-8764. The examiner can normally be reached M-F 8:00-4:30 PM.
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/SITARAMARAO S YECHURI/ Primary Examiner, Art Unit 2893
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