Prosecution Insights
Last updated: August 17, 2026
Application No. 18/671,774

ELECTRONIC DEVICE

Non-Final OA §103§112
Filed
May 22, 2024
Priority
May 31, 2023 — FR 2305439
Examiner
DANG, PHUC T
Art Unit
Tech Center
Assignee
STMicroelectronics N.V.
OA Round
1 (Non-Final)
95%
Grant Probability
Favorable
1-2
OA Rounds
0m
Est. Remaining
97%
With Interview

Examiner Intelligence

Grants 95% — above average
95%
Career Allowance Rate
1748 granted / 1832 resolved
+35.4% vs TC avg
Minimal +1% lift
Without
With
+1.3%
Interview Lift
resolved cases with interview
Fast prosecutor
1y 10m
Avg Prosecution
31 currently pending
Career history
1851
Total Applications
across all art units

Statute-Specific Performance

§101
1.4%
-38.6% vs TC avg
§103
60.8%
+20.8% vs TC avg
§102
25.9%
-14.1% vs TC avg
§112
9.6%
-30.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1832 resolved cases

Office Action

§103 §112
DETAILED ACTION 1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Oath/Declaration 2. The oath/declaration filed on 09/12/2024 is acceptable. Priority 3. Receipt is acknowledged of papers submitted under 35 U.S.C. 119(a)-(d), which papers have been placed of record in the file. Information Disclosure Statement 4. The office acknowledges receipt of the following items from the applicant: Information Disclosure Statement (IDS) filed on 05/22/2024. Specification 5. The specification is objected to for the following reason: 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 (see MPEP 606.01). A title such as -- ELECTRONIC DEVICE INCLUDING A PHASE CHANGE MATERIL BETWEEN A LOWER INSULATING LAYER AND AN UPPER INSULATING LAYER -- or is suggested by the applicant. Claim Objections 6. Claim 1 is objected to because of the following reason: Claim 1, line 6, delete “first” before – conductive element --. Claims 2-11 are depend on the independent claim 1, then, they are also being objected. 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. 7. Claims 17-20 are rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, 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 pre-AIA the applicant regards as the invention. In claim 17, lines 14-17, a phrase of “a third L-shaped conductive element on a first sidewall of the first lower insulating layer” is not clearly defined the subject matter of the claim. For a purpose of examination, the examiner suggests -- a third L-shaped conductive element on a first sidewall of the second lower insulating layer --. In claim 17, lines 17-18, a phrase of “a fourth L-shaped conductive element on a second sidewall of the first lower insulating layer” is not clearly defined the subject matter of the claim. For a purpose of examination, the examiner suggests -- a fourth L-shaped conductive element on a second sidewall of the second lower insulating layer --. Claims 18-20 are depend on the independent claim 1, then, they are also being rejected. Claim Rejections - 35 USC § 103 The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action: A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102 of this title, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made. 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. 8. Claims 1 and 12 are rejected under 35 U.S.C. 103(a) as being unpatentable over XU J (CN-103187523-A). Regarding claim 1, XU J discloses a device, comprising: a first phase change memory cell including: a first stack of layers including a lower insulating layer (214), an upper insulating layer (216), and an intermediate layer of phase change material (215) between the lower insulating layer (214) and the upper insulating layer (216); and a first L-shaped conductive element (Left 222) extending on a first side wall of the first stack; and a second L-shaped conductive element (Right 222) extending on a second side wall of the first stack opposite to the first side wall (Fig. 2E and para [0051]-[0053]). XU J discloses the features of the claimed invention as discussed above, but does not disclose wherein the layer of phase change material is configured so that at least portion of the layer of phase change layer is configured to change between an amorphous state and a crystalline state to determine a stored data value of the first phase change memory cell. However, it should be noted that: the recitation “wherein the layer of phase change material is configured so that at least portion of the layer of phase change layer is configured to change between an amorphous state and a crystalline state to determine a stored data value of the first phase change memory cell”, as recited in the claim above, is a recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim. With respect to process claim 12, prior art device renders obvious a claimed process, in its normal and usual operation, and it would necessarily perform the method claim. MPEP2112.02. 9. Claim 2 is rejected under 35 U.S.C. 103(a) as being unpatentable over XU J in view of OK et al., hereafter “OK” (U.S. Publication No. 2022/0310911 A1). Regarding claim 2, XU J discloses the features of the claimed invention as discussed above, but does not disclose wherein the intermediate layer has a thickness between 5 nm and 50 nm. OK, however, discloses the thickness of the phase change material (160) may range about 5 nm to about 400 nm (Fig. 9 and para [0030]). However, the selection of the claimed device parameters would have been obvious to one having ordinary skill in the art before the effective filing date was made to provide the thickness of the phase change material is within the claimed range, since it is well settles that when the general conditions of a claim are discloses in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233. 10. Claims 3 and 13 are rejected under 35 U.S.C. 103(a) as being unpatentable over XU J in view of BOIVIN P (EP-3627512-A1). Regarding claim 3, XU J discloses the features of the claimed invention as discussed above, but does not disclose comprising an interconnection network, the first phase change memory cell being located between a lower level and an upper level of the interconnection network, the lower and upper levels being successive. BOIVIN P, however, discloses comprising an interconnection network, the first phase change memory cell (100) being located between a lower level (Mx) and an upper level of the interconnection network (Mx+1), the lower and upper levels being successive (Fig. 1 and English Text). It would have been obvious to one having ordinary skilled in the art before the effective filing date of the claimed invention to modify the teaching of XU J to provide comprising an interconnection network, the first phase change memory cell being located between a lower level and an upper level of the interconnection network, the lower and upper levels being successive as taught by BOIVIN P for a purpose of improving the electrical resistance between an amorphous phase of the material and a crystalline phase. Regarding claim 13, XU J discloses the features of the claimed invention as discussed above, but does not disclose comprising: forming a lower level of an interconnection network; forming the first stack on the lower level of the interconnection network; and forming an upper level of the interconnection network above the first stack, the lower and upper levels of the interconnection network being successive. BOIVIN P, however, discloses comprising: forming a lower level of an interconnection network (Mx); forming the first stack (100) on the lower level of the interconnection network (Mx); and forming an upper level of the interconnection network (Mx+1) above the first stack (100), the lower (Mx) and upper levels of the interconnection network (Mx+1) being successive (Fig. 1 and English Text). It would have been obvious to one having ordinary skilled in the art before the effective filing date of the claimed invention to modify the teaching of XU J to provide comprising: forming a lower level of an interconnection network; forming the first stack on the lower level of the interconnection network; and forming an upper level of the interconnection network above the first stack, the lower and upper levels of the interconnection network being successive as taught by BOIVIN P for a purpose of improving the electrical resistance between an amorphous phase of the material and a crystalline phase. 11. Claim 11 is rejected under 35 U.S.C. 103(a) as being unpatentable over XU J in view of JANG B (CN-112151569-A). Regarding claim 11, XU J discloses the features of the claimed invention as discussed above, but does not disclose comprising spacers covering the first conductive element and the second conductive element. JANG B, however, discloses comprising spacers (35A) covering the first conductive element (Left 34A) and the second conductive element (Right 34A) (Fig. 6B and English Text). It would have been obvious to one having ordinary skilled in the art before the effective filing date of the claimed invention to modify the teaching of XU J to provide comprising spacers covering the first conductive element and the second conductive element comprising spacers covering the first conductive element and the second conductive element as taught by JANG B for a purpose of protecting the first and second conductive element. Allowable Subject Matter 12. The following is a statement of reason for the indication of allowable subject matter: BOIVIN P (EP-3627512-A) discloses a device, comprising: an interconnection network (Mx/Mx+1) including a lower interconnection level (Mx) and an upper interconnection level (Mx+1); a first phase change memory cell (Left 100) between the lower interconnection level (Mx) and the upper interconnection level (Mx+1) including: a first lower insulating layer (Left 124) on the lower interconnection level (Mx); a second L-shaped conductive element (Left 100) extending on a second sidewall of the first lower insulating layer Left 124); a second phase change memory cell including: a second lower insulating layer (right 124) on the lower interconnection level (Mx); a third L-shaped conductive element (Right 100) on a first sidewall of the second lower insulating layer (Right 124) and on a top surface of a second conductive interconnection element (Right 102) in the lower interconnection level (Mx); and a layer of phase change material (112) on a top surface of the first lower insulating layer (Left 124), on a top surface of the second lower insulating layer (Right 124), and extending unbroken between the first (Left 124) and second lower insulating layers (Right 124), and in contact with a top surface of the third conductive element (Right 100) (Fig. 1 and English Text). BOIVIN P, however, does not disclose, teach, or otherwise suggest a feature of “a first L-shaped conductive element on a first sidewall of the lower insulating layer and on a top surface of a first conductive interconnection element in the lower interconnection level; a fourth L-shaped conductive element on a second sidewall of the second lower insulating layer; and a layer of phase change material in contact with a top surface of the first conductive element” as cited in the independent claim 17. Claims 18-20 are directly or indirectly depend on the independent claim 17, then, they are also being allowed. Claims 4-10 and 14-16 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. Cited Prior Arts 13. The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure. Loke et al. (U.S. Publication No. 2012/0294072 A1) discloses a device, comprising: a first phase change memory cell including: a first stack of layers including a lower insulating layer (204), an upper insulating layer (202), and an intermediate layer of phase change material (208) between the lower insulating layer (204) and the upper insulating layer (202); and a first conductive element (Left 212) extending on a first side wall of the first stack; and a second conductive element (Right 212) extending on a second side wall of the first stack opposite to the first side wall (Fig. 2). Conclusion 14. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Phuc T. Dang whose telephone number is 571-272-1776. The examiner can normally be reached on 8:00 am-5:00 pm. If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Jacob Choi can be reached on 469-295-9060. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /PHUC T DANG/Primary Examiner, Art Unit 2897
Read full office action

Prosecution Timeline

May 22, 2024
Application Filed
Aug 04, 2026
Non-Final Rejection mailed — §103, §112 (current)

Precedent Cases

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
95%
Grant Probability
97%
With Interview (+1.3%)
1y 10m (~0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1832 resolved cases by this examiner. Grant probability derived from career allowance rate.

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