DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Election/Restrictions
Applicant’s election without traverse of Group I, i.e., claims 1-11, in the reply filed on July 8, 2026 is acknowledged.
Claims 12-19 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on July 8, 2026. Accordingly, claims 12-19 have been canceled in the amendment filed on July 8, 2026,
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 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by
SPANIER et al. (2022/0013288).
PNG
media_image1.png
706
670
media_image1.png
Greyscale
Re Claim 1, SPANIER et al. disclose a structure comprising a proximal contact (i.e., top TiN electrode), a proximal barrier (i.e., Al2O3) a high-k dielectric (i.e., high K BTO dielectric), and a distal contact (i.e., Pt electrode); the proximal contact (i.e., top TiN electrode) being adjacent to the proximal barrier (i.e., Al2O3); and the proximal barrier (i.e., Al2O3) being positioned between the proximal contact (i.e., top TiN electrode) and the high-k dielectric (i.e., high K BTO dielectric), and the high-k dielectric (i.e., high K BTO dielectric ) being positioned between the proximal barrier (i.e., Al2O3) and the distal contact (i.e., Pt electrode), wherein the proximal barrier (i.e., Al2O3) is constructed and arranged to inhibit Poole-Frenkel emission from the high-k dielectric when a first electric field is applied between the proximal contact and a distal contact in a first electric field direction (see Figs. 3 and 24, related text in Paragraphs [0006], [0024], [0030], [0032], [0045]).
Allowable Subject Matter
Claims 2-11 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure Hwang et al. (US 2017/0005262) discloses variable resistor of non-volatile memory device that includes top and bottom electrodes, high dielectric layer (i.e., HfO film) formed between oxygen deficient titanium oxide layer and tantalum oxide (TaO) layer stacked between the top and bottom electrodes.
Correspondence
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BROOK KEBEDE whose telephone number is 571-272-1862. The examiner can normally be reached Monday Friday 8:00 AM 5:00 PM.
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, Jeff Natalini can be reached at 571-272-2266. 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.
/BROOK KEBEDE/
Primary Examiner, Art Unit 2894
/BK/
September 4, 2026
Prosecution Insights