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 .
Response to Arguments
Applicant's arguments filed 6/9/2026 have been fully considered but they are not persuasive.
With regard to the arguments on page 8 directed towards the previous 112 rejections,
These rejections are withdrawn in view of applicant’s amendments.
With regard to the arguments on pages 8-9 directed towards the previous prior art rejection in view of Kubota et al. (Kubota) (US 2021/0382123 A1),
Applicant notes that it was agreed during the interview that the instant amendment pertaining to the cap layer overcome the prior art, the Examiner respectfully disagrees. As explained during the interview, the Examiner explained that the amendment “appeared” to overcome the prior art. This was stated because a further and more thorough review of the prior art is necessary should applicant file the amendment. At the time of the interview, the Examiner viewed Figures 2 and 3, for example, which show that the layer 138 or 148 as cap layers but which were being considered to be an electrode. The figures show this layer 138 or 148 as a single layer, and thus considering a single layer to be two distinct layers is not reasonable, and the amendment therefore appeared to overcome the prior art.
However, a further review of the prior art discloses that the cap layer may actually be multiple layers laminated on each other, a seen for example in paragraph [0104]. While the entirety of all the layers may be the cap layer, a cap layer is also reasonably any layer that caps the magnetoresistive sensor. Here, the one of the multiple metal films used for the cap layer may considered the cap layer of the cap, as it serves to cap the sensor, and interpretation that is consistent with the disclosure. This layer can be the top or bottom layer of the stack of layers forming layer 138 or 148. The remaining layers, also being metal, can be considered the electrode, as they are collectively used to connect the magnetoresistive sensor to an external device (paragraphs [0173],[0201]). As such, upon further consideration, the Examiner respectfully disagrees.
As to the new claim, this feature is disclosed by the prior art when the wiring layer 66, which is also a metal layer, is considered as part of the electrode, as it has a portion that extends beyond, and is thus larger than, the identical shape as seen in Figure 13.
The Examiner therefore respectfully disagrees.
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 (i.e., changing from AIA to pre-AIA ) 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 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.
Claims 17-26, 31, and 32 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kubota et al. (Kubota) (US 2021/0382123 A1).
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As to Claim 17,
Kubota discloses A magnetoresistive device comprising: at least one magnetoresistive element (13) including a magnetization pinned layer (SAF) having a magnetization whose direction is fixed (Paragraph [0093]), (Figure 1 / note the arrow for layer 135 indicates the pinned magnetization direction), a free layer (137) configured to have a magnetic vortex structure and configured so that a center of the magnetic vortex structure moves depending on a target magnetic field (Paragraph [0103]), and a gap layer (136) between the magnetization pinned layer and the free layer (Figure 2), a cap layer (topmost or bottommost layer of 138) on a side of the free layer opposite to the gap layer (Figure 2), (Paragraph [0104] / note the cap layer is actually multiple metal layers, and the topmost or bottommost layer of this stack of layers is considered the cap layer), the magnetization pinned layer, the free layer, and the gap layer being stacked together in a stacking direction (Figure 2 / note the stacking direction is the up/down direction); and at least one electrode (all other layers of 138 except the layer used for the cap layer) including at least one connection portion connected to the at least one magnetoresistive element (Figure 2 / note the connection portion is the surface of the cap layer in contact with the free layer), (Paragraphs [0104],[0173],[0201] / note that in either the first or second embodiment, either of which disclose the claim features, the cap layer is a metal layer used to connect an electrode to the magnetoresistive device formed from the free, pinned, and gap layers, and the cap layer can therefore reasonably be said to be an electrode as it is used for the same purpose as any other electrode, which is to connect to the actual layers of the magnetoresistive device to an external device), wherein the at least one connection portion has a contact surface in contact with the at least one magnetoresistive element and with an identical shape to the free layer in the stacking direction, and a circumferential surface connected to the contact surface and with a certain dimension in the stacking direction (Figures 1,2), (Paragraph [0182] / note the surface of the cap layer in contact with the free layer is the connection portion, and note that the entire element (13) is disk shape, which in light of Figure 2 must mean that all layers are disk shape of the same diameter).
As to Claim 18,
Kubota discloses an angle of the circumferential surface with respect to the stacking direction is within a range of 0° to 7° (Figure 2 / note the circumferential surface extends in the up/down direction in the same direction as the stacking direction, and thus parallel to this direction).
As to Claim 19,
Kubota discloses wherein the at least one connection portion has an identical shape to the magnetization pinned layer in the stacking direction (Figure 2 / note the connection portion is the same shape as a shape of the pinned layer surface), (Paragraph [0182] / note the entire device is a disk).
As to Claim 20,
Kubota discloses the at least one magnetoresistive element is two magnetoresistive elements (13,14) (Figures 1,2), (Paragraph [0075]); the at least one connection portion is a first connection portion and a second connection portion (top surface of cap layer 138); and in a section intersecting the first connection portion and the second connection portion and parallel to the stacking direction, a circumferential surface of the first connection portion and a circumferential surface of the second connection portion are substantially parallel to each other (Figures 1-3,13 / note a rectangular section extending in the left/right direction and passing through both the first and second connection portions can be said to exist, and the first and second connection portions are parallel to each other, and thus parallel to each other in the section).
As to Claim 21,
Kubota discloses the at least one magnetoresistive element is two magnetoresistive elements (13,14) (Figures 1-3, (Paragraph [0075]); the at least one connection portion is a first connection portion and a second connection portion (top surface of cap layer 138); and a distance between a circumferential surface of the first connection portion and a circumferential surface of the second connection portion is substantially constant at each position in the stacking direction (Figure 2 / note the distance between the two connection portions are fixed at all positions in the stacking direction).
As to Claim 22,
Kubota discloses the at least one magnetoresistive element has a bottom surface (bottom surface of layer (132) (Figure 2), a top surface opposite to the bottom surface (top surface of layer (137) in Figure 2), and a side surface connecting the bottom surface and the top surface (the side surface of the device extending between the above surfaces) (Figure 2); and the at least one connection portion is connected to the top surface of the at least one magnetoresistive element (Figure 2 / note the connection portion is electrically connected to and in contact with the top surface of layer (137) (Figure 2).
As to Claim 23,
Kubota discloses the at least one magnetoresistive element includes a portion having a shape larger than the at least one connection portion in the stacking direction (Figure 13 / the element can be said to include wiring layer (631) which is larger than the connection portion as viewed in the stacking direction (Paragraph [0189]).
As to Claim 24,
Kubota discloses an insulating layer (65) around the at least one magnetoresistive element and the at least one connection portion (Figure 13), (Paragraph [0189]), wherein the at least one magnetoresistive element has an end surface (top of layer (137) in Figure 2) with which the contact surface is in contact (Figure 2), and the insulating layer is not in contact with the end surface (Figure 2 / note that because the entirety of the end surface is in contact with the contact surface of layer (138), none of it can be contact with insulator (65)).
As to Claim 25,
Kubota discloses the at least one magnetoresistive element further has a side surface connected to the end surface (the side surface of the device extending between the top of layer (137) and bottom of layer (132)) (Figure 2); the insulating layer has a facing surface facing the side surface of the at least one magnetoresistive element and the circumferential surface of the at least one connection portion (Figure 13 / note the inner surface of the insulator faces the side and circumferential surfaces); and an angle of at least a part of the facing surface with respect to the stacking direction is within a range of 0° to 7°(Figure 13 / note the facing surface extends in the up/down direction, which is parallel to the stacking direction).
As to Claim 26,
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Kubota discloses an insulating layer (65) around the at least one magnetoresistive element and the at least one connection portion (Figure 13), (Paragraph [0189]), wherein the insulating layer includes a first portion and a second portion that are arranged to sandwich the at least one magnetoresistive element and the at least one connection portion (Figure 13), (see above figure), each of the first portion and the second portion has an end portion located at one end in the stacking direction, and the end portion of the first portion and the end portion of the second portion are at a substantially same position in the stacking direction (see above figure).
As to Claim 31,
Kubota discloses A magnetic sensor comprising the magnetoresistive device according to claim 17, the magnetic sensor is configured to detect the target magnetic field and generate a detection signal (Claim 3), (Paragraph [0028]), the detection signal has a correspondence with a resistance of the at least one magnetoresistive element (Paragraph [0029]).
As to Claim 32,
Kubota discloses A magnetoresistive device comprising: at least one magnetoresistive element (13) including a magnetization pinned layer (SAF) having a magnetization whose direction is fixed (Paragraph [0093]), (Figure 1 / note the arrow for layer 135 indicates the pinned magnetization direction), a free layer (137) configured to have a magnetic vortex structure and configured so that a center of the magnetic vortex structure moves depending on a target magnetic field (Paragraph [0103]), and a gap layer (136) between the magnetization pinned layer and the free layer (Figure 2), a cap layer (topmost layer of 138) on a side of the free layer opposite to the gap layer (Figure 2), (Paragraph [0104] / note the cap layer is actually multiple metal layers, and the bottommost layer of this stack of layers is considered the cap layer), the magnetization pinned layer, the free layer, and the gap layer being stacked together in a stacking direction (Figure 2 / note the stacking direction is the up/down direction); and at least one electrode (66 and all other layers of 138 including the topmost layer but excluding the bottommost layer) including at least one connection portion connected to the at least one magnetoresistive element (Figure 2 / note the connection portion is the surface of the cap layer in contact with the free layer), (Paragraphs [0104],[0173],[0201] / note that in either the first or second embodiment, either of which disclose the claim features, the cap layer is a metal layer used to connect an electrode to the magnetoresistive device formed from the free, pinned, and gap layers, and the cap layer can therefore reasonably be said to be an electrode as it is used for the same purpose as any other electrode, which is to connect to the actual layers of the magnetoresistive device to an external device), and has a larger portion away from the connection portion in the stacking direction (Figure 13 / note the portion of 66 that extends horizontally and is larger than the circumference of 13), (Paragraph [0191]), wherein the at least one connection portion has a contact surface in contact with the at least one magnetoresistive element and with an identical shape to the free layer in the stacking direction, and a circumferential surface connected to the contact surface and with a certain dimension in the stacking direction (Figures 1,2), (Paragraph [0182] / note the surface of the cap layer in contact with the free layer is the connection portion, and note that the entire element (13) is disk shape, which in light of Figure 2 must mean that all layers are disk shape of the same diameter), the larger portion has an area that is larger than the identical shape (Figure 13).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 DAVID M. SCHINDLER whose telephone number is (571)272-2112. The examiner can normally be reached 8am-4:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Lee Rodak can be reached at 571-270-5628. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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DAVID M. SCHINDLER
Primary Examiner
Art Unit 2858
/DAVID M SCHINDLER/Primary Examiner, Art Unit 2858
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