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 .
Status of Claims
Claims 1-20 are pending in this application.
Information Disclosure Statement
Acknowledgment is made that the information disclosure statement has been received and considered by the examiner. If the applicant is aware of any prior art or any other co-pending applications not already of record, he/she is reminded of his/her duty under 37 CFR 1.56 to disclose the same.
Drawings
There are no objections or rejections to the drawings.
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant's cooperation is requested in correcting any errors of which applicant may become aware in the specification.
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 pre-AIA 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 16, 18 and 20 are rejected under pre-AIA 35 U.S.C. 102(a)(1) as being anticipated by Yang et al. (US Patent Application Publication No 2018/0358547) hereinafter referred to as Yang.
Per Claim 1 Yang discloses a device, comprising (see figure 20A)
a first conductive feature (192) over a substrate (described in abstract);
a first bottom electrode (212) over the first conductive feature;
a first magnetic tunnel junction stack (202/204/200) over the first bottom electrode;
a first top electrode (102’) comprising:
a first conductive layer (124) over the first magnetic tunnel junction stack; (see Fig 20A)
a dielectric layer over the first conductive layer (128); and
a second conductive layer (126) over the dielectric layer; and
a first inter-metal dielectric (110”) around the first top electrode, a surface of the first inter-metal dielectric being coplanar with a surface of the first top electrode (see figure 20A)
Per Claim 16 Yang discloses a device, comprising (see figure 20A)
a first metallization layer (192) comprising a first conductive feature;
a second metallization layer (126) comprising a second conductive feature; and
a third metallization layer (212/102’/202/204/200) between the first metallization layer and the second metallization layer, the third metallization layer comprising:
a first electrode (212) connected to the first conductive feature;
a second electrode (124/128) connected to the second conductive feature, the second electrode having a greater resistance than the first electrode; and
a magnetic tunnel junction (202/204/200) stack between the second electrode and the first electrode.
Per Claim 18 Yang discloses the device of claim 16 including where (see figure 20A) the second electrode (124/128) comprises more layers than the first electrode (212).
Per Claim 20 Yang discloses the device of claim 16 including where (see figure 20A) a width of the second electrode (124/128) is less than a width of the first electrode (212). (note that 124 is less wide than 212, see figure 20A)
Allowable Subject Matter
Claims 2-7, 17 and 19 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claims 8-15 are allowed.
The following is an examiner's statement of reasons for the indication of allowable subject matter. The closest prior art appears to be Yang (previously cited) which teaches an analogous device including a device, comprising a first memory cell comprising: (see figure 20A) a first bottom electrode (212); a first magnetic tunnel junction stack (202/204/200) over the first bottom electrode; and a first top electrode (102’) comprising first conductive layers (124, 126) and a first dielectric layer (128) between the first conductive layers: (see Fig 20A)
Yang does not disclose a second memory cell comprising: a second bottom electrode; a second magnetic tunnel junction stack over the second bottom electrode; and a second top electrode over the second magnetic tunnel junction stack, the second top electrode comprising second conductive layers, however this limitation would have been found obvious by one of ordinary skill in the art since its simple the duplication of parts.
Yang does not disclose the second conductive layers physically contacting one another, the first top electrode having a greater resistance than the second top electrode, as recited by independent claim 8, in combination with the other elements/steps of the claim. No prior art was found that taught the claimed invention.
Cited Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Applicants are directed to consider additional pertinent prior art included on the Notice of References Cited (PTOL 892) attached herewith.
The Examiner has pointed out particular references contained in the prior art of record within the body of this action for the convenience of the Applicant.
Although the specified citations are representative of the teachings in the art and are applied to the specific limitations within the individual claim, other passages and figures may apply.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMI VALENTINE MILLER whose telephone number is (571)272-9786. The examiner can normally be reached on Monday-Thursday 7am-5pm.
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, Eva Montalvo can be reached on (571) 270-3829. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Jami Valentine Miller/Primary Examiner, Art Unit 2818
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