DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Election/Restrictions
Applicant’s election without traverse of group I, claim 1-20, in the reply filed on May 13, 2026 is acknowledged.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on March 25, 2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “forming a recess in a substrate” (claim 16) must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 1-20 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. There is no support in the original specification (in the prior-filed application #13/079,652, filed on April 4, 2011) for the claim limitations of “… a surface of the free region is horizontally aligned with an outermost edge of the vertical portion of the barrier region; …, and respective lateral edges of the pinned region, the free region, the barrier region, the antiferromagnetic region, and the bottom lead are vertically aligned”, as recited in claim 1; “forming an opening within dielectric materials …”, as recited in claim 2; disposing antiferromagnetic materials over the bottom lead to form an antiferromagnetic region in the recess; disposing magnetic materials over the antiferromagnetic region to form a magnetic pinned region in the recess; disposing dielectric materials over the magnetic pinned region and having such that a recess formed therein to expose a portion of the magnetic pinned region; depositing barrier materials into the recess to form a barrier region, …; and wherein a lateral edge of peripheries of each of the top lead, the free region, and the barrier region are patterned, via a patterned mask, to be vertically aligned”, as recited in claim 8; “a portion of the top lead is formed within the recess”, as recited in claim 9; “the recess is centered over the magnetic pinned region”, as recited in claim 14; “forming an antiferromagnetic region over the bottom lead and within the recess; forming a magnetic pinned region directly over the antiferromagnetic region and within the recess; …; forming a recess in the dielectric materials, …; depositing barrier materials conformally into the recess to form a barrier region …; at least a vertical portion of the top lead is within the recess, wherein the free region surrounds the top lead in the recess; and wherein a lateral edge of the peripheries of each of the top lead, the free region, the barrier region, the magnetic pinned region, the antiferromagnetic region, and the bottom lead are patterned, via a patterned mask, to be vertically aligned”, as recited in claim 16.
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 1-20 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.
The claimed limitation of “respective lateral edges of the pinned region, the free region, the barrier region, the antiferromagnetic region, and the bottom lead are vertically aligned”, as recited in claim 1, is unclear as to edge or edges of which element(s) are vertically aligned applicant refers.
The claimed limitation of “a portion of the pinned region”, as recited in claim 2, is unclear as to whether said limitation is the same as or different from “a portion of the pinned region”, as recited in claim 1.
The claimed limitation of “depositing the free region on the barrier region within the opening”, as recited in claim 2, is unclear as to which element within the opening applicant refers.
The claimed limitation of “forming the top lead on the free region within the opening”, as recited in claim 5, is unclear as to which element within the opening applicant refers.
The term “substantially” in claim 6 is a relative term which renders the claim indefinite. The term “substantially” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
The claimed limitation of “a recess”, as recited in claims 8 (line 10) and 16 (line 9), is unclear as to whether said limitation is the same as or different from “a recess”, as recited in claims 8 and 16, line 3, respectively.
The claimed limitation of “a recess formed therein”, as recited in claim 8, is unclear as to which element the term “therein” applicant refers.
The claimed limitation of “the recess”, as recited in claims 8 (lines 11-12), 9, 11, 14, 15, 16 (lines 11 and 16), is unclear as to whether said limitation is the same as or different from “a recess”, as recited in claims 8 and 16, line 3, respectively.
The claimed limitation of “magnetic materials”, as recited in claim 8, line 13, is unclear as to whether said limitation is the same as or different from “magnetic materials”, as recited in claim 8, line 7.
The claimed limitation of “conductive materials”, as recited in claim 8, line 15, is unclear as to whether said limitation is the same as or different from “a recess”, as recited in claim 8, line 3.
The claimed limitation of “method of forming …”, as recited in claim 12, is unclear as to whether said limitation is the same as or different from “a method of forming”, as recited in claim 8.
Claim 13 recites the limitation “the same cross-sectional width” in lines 2-3. There is insufficient antecedent basis for this limitation in the claim.
Claim 16 recites the limitation “the peripheries” in line 17. There is insufficient antecedent basis for this limitation in the claim. Also, it is unclear as to whether said limitation is the same as or different from “a periphery”, as recited in claim 16, line 14.
The claimed limitation of “a free region”, as recited in claim 18, is unclear as to whether said limitation is the same as or different from “a free region”, as recited in claim 16.
The claimed limitation of “the free region”, as recited in claim 18, line 2, is unclear as to whether said limitation is the same as or different from “a free region”, as recited in claim 16 and/or 18, lines 1-2.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MEIYA LI whose telephone number is (571)270-1572. The examiner can normally be reached Monday-Friday 7AM-3PM.
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, LYNNE GURLEY can be reached at (571)272-1670. 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.
/MEIYA LI/Primary Examiner, Art Unit 2811
Prosecution Insights