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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on February 9, 2026 has been entered.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 5, 7, 11, 12, and 14-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
(i) With regard to claim 5 (lines 1-2), the term "wherein a thickness of the non- magnetic layer is less than 2 Angstroms (Å ) or ranging between .2 and 2.5 Å" is indefinite because it includes two different overlapping ranges and thus fails to clearly set forth the metes and bounds of the claim.
(ii) With regard to claim 7 (lines 2-3), the term "wherein a thickness of the insertion layer is less than 5 Å or ranging between 1 to 5 Å" is indefinite because it includes two different overlapping ranges and thus fails to clearly set forth the metes and bounds of the claim.
(iii) With regard to claim 14 (lines 1-2), the term "wherein a thickness of the non- magnetic layer is less than 2 Angstroms (Å ) or ranging between .2 and 2.5 Å" and (lines 3-4), "wherein a thickness of the insertion layer is less than 5 Å or ranging between 1 to 5 Å" are indefinite because it includes two different overlapping ranges and thus fails to clearly set forth the metes and bounds of the claim.
(iv) With regard to claim 20 (lines 1-2), the term "wherein a thickness of the insertion layer is less than 5 Å or ranging between 1 to 5 Å" is indefinite because it includes two different overlapping ranges and thus fails to clearly set forth the metes and bounds of the claim.
(v) The following phrase(s) lack clear antecedent basis within the claim(s), i.e., either the particularly recited passage fails to be properly introduced prior to its appearance at that point in the claim or the structure recited in the passage is not an inherent part of or component of the previously recited structure:
(a) Claim 11 (lines 9-10), "the crystalline structure".
(b) Claim 11 (line 10), "the amorphous film".
(c) Additionally, since claims 12 and 14-17 depend directly from claim 11, they too are thus rejected under the second paragraph of 35 U.S.C. § 112.
(d) Claim 18 (lines 7-8), "the crystalline structure".
(e) Claim 18 (line 8), "the amorphous film".
(f) Additionally, since claims 19 and 20 depend directly from claim 18, they too are thus rejected under the second paragraph of 35 U.S.C. § 112.
Response to Arguments
Applicant’s arguments with respect to the rejected claims have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Allowable Subject Matter
Claims 1, 2, 6, 9, and 10 are tentatively considered allowable over the art of record, pending an updated search, amendments or arguments presented by the Applicant and considered by the Examiner in reply to this office communication.
Citation of Prior or Relevant Art on enclosed PTO-892
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
The cited art made of record (see the enclosed PTO-892), not applied to the rejection of the claims, supra, disclose aspects of the claimed invention, including wherein Gill (US 6,181,537 B1) discloses a free layer formed of a bilayer comprising a crystalline layer and an amorphous layer.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to William J Klimowicz whose telephone number is (571)272-7577. The examiner can normally be reached Monday-Thursday, 8:00AM-6PM, ET.
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, Steven Lim can be reached at (571)270-1210. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/WILLIAM J KLIMOWICZ/ Primary Examiner, Art Unit 2688
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