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 .
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.
Election/Restriction
The applicant elects, with traverse, invention II. The applicant asserts that “Figs. 7 and 8 show embodiments that include both a seed layer 12 and insertion substances 80 (which are disclosed to include transition metals). See paras. [0070] and [0076]-[0078]. Any search for these embodiments would include a search for both a seed layer and an insertion layer as claimed. Moreover, the inclusion of an insertion substance with a transition metal does not restrict the use of a seed layer, or vice versa. Thus, there is no serious search burden on the Office and the Restriction Requirement is therefore improper.” (Response pages 1-2.) This is not the standard for restriction. The applicant has claimed each separately, and thus asserted that each is separately patentable without the other. The fact that there is one embodiment that has both features does not prevent restriction. Furthermore, fully searching an application does not require finding references with any potential combination of features of that embodiment. The invention as claimed in the independent claims are very broad, with many highly generic elements recited. It is unreasonable to find all possible combinations. The restriction requirement is maintained and made final. Claims 21-26 are withdrawn from consideration.
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.
(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.
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, 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.
Claims 27 and 29-39 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Chepulskyy, US 2014/0264671 A1. Alternatively, claims 27 and 29-39 are rejected under 35 U.S.C. 103 as being unpatentable over Chepulsky. Claim 40 is are rejected under 35 U.S.C. 103 as being unpatentable over Chepulsky.
Claim 27: Chepulskyy discloses
a fixed magnetic region (230, FIG. 12) positioned on or over a first electrically conductive region (11, FIG. 1);
Note that while the electrical contacts are not shown for any structure other that FIG. 1, it would be understood by those in the art that such contacts would be necessary to the functioning of all the devices and would be understood to be present.
“Although layers 210', 220' and 230' are shown with a particular orientation, this orientation may vary in other embodiments.” [0072]. See also [0069]: “the reference layer 230 may be closer to the bottom (closest to a substrate that is not shown) of the magnetic junction 200.” Many embodiments, e.g. FIG. 17, show the reference layer on the bottom, and thus this is clearly contemplated by Chepulskyy as an alternative version of Chepulskyy, and is structure that is addressed here. Thus this is either disclosed implicitly by Chepulskyy, or clearly contemplated by and thus obvious over Chepulskyy.
a free magnetic region including:
a first magnetic layer (102);
a coupling layer (104) formed on or over the first magnetic layer;
and a second magnetic layer (106) formed on or over the coupling layer;
a plurality of intermediate layers (212, 214), wherein at least one of the plurality of intermediate layers is positioned between the fixed magnetic region and the free magnetic region;
and an insertion substance (218) in contact with the free magnetic region, wherein the insertion substance includes one or more transition metal elements ([0073]).
“Examples of materials that may be used for the layers 216 and/or 218 includes but are not limited to W, Cr, Ta, Bi, Nb, Mo, Zn, Zr and Hf.” [0073].
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Claim 29: the coupling layer includes tantalum (Ta), tungsten (W), molybdenum (Mo), ruthenium (Ru), rhodium (Rh), rhenium (Re), iridium (Ir), osmium (Os), or combinations thereof. (“the insertion layer 104 may consist of W.” [0047]).
Claim 30: the free magnetic region includes iron (Fe), cobalt (Co), and/or boron (B) (“Fe layer”, FIG. 12).
Claim 31: the one or more transition metal elements include chromium (Cr), iridium (Ir), or both. “Cr, Ta, Bi, Nb, Mo, Zn, Zr and Hf.” [0073].
Claim 32: the free magnetic region comprises a ferromagnetic layer having an Iron (Fe) content greater than or equal to 90 atomic percent. (“Fe layer”, FIG. 12).
Claim 33: the insertion substance (218) is in contact with the ferromagnetic layer (106) of the free magnetic region (FIG. 12).
Claim 34: the one or more transition metal elements include one or more metals configured to be non-magnetic in an elemental state at 15°-40°C. “W, Cr, Ta, Bi, Nb, Mo, Zn, Zr and Hf.” [0073].
Claim 35: Chepulskyy discloses
a fixed magnetic region (230, FIG. 12) positioned above a first electrically conductive region (11, FIG. 1);
Note that while the electrical contacts are not shown for any structure other that FIG. 1, it would be understood by those in the art that such contacts would be necessary to the functioning of all the devices and would be understood to be present.
“Although layers 210', 220' and 230' are shown with a particular orientation, this orientation may vary in other embodiments.” [0072]. See also [0069]: “the reference layer 230 may be closer to the bottom (closest to a substrate that is not shown) of the magnetic junction 200.” Many embodiments, e.g. FIG. 17, show the reference layer on the bottom, and thus this is clearly contemplated by Chepulskyy as an alternative version of Chepulskyy, and is structure that is addressed here.
a plurality of intermediate layers (212, 214), wherein at least one of the plurality of intermediate layers is positioned above the fixed magnetic region;
a free magnetic region positioned above at least one of the plurality of intermediate layers, wherein the free magnetic region comprises:
a first magnetic layer (102);
a second magnetic layer (106) above the first magnetic layer;
and a coupling layer (104) positioned between the first magnetic layer and the second magnetic layer;
an insertion substance (218) in contact with the free magnetic region, wherein the insertion substance includes one or more transition metal elements;
Examples of materials that may be used for the layers 216 and/or 218 includes but are not limited to W, Cr, Ta, Bi, Nb, Mo, Zn, Zr and Hf.” [0073].
and a capping layer comprising magnesium oxide, wherein the capping layer is in contact with the free magnetic region and is formed on or above the insertion substance.
Chepulskyy discloses at [0072] that “Although not shown, and optional capping layer may also be provided. The optional capping layer may be MgO.” In an embodiment in which the reference layer is at the bottom (see FIG. 17), the capping layer 240 is in contact with the free magnetic region 210.
Claim 36: the insertion substance includes iridium (Ir), chromium (Cr), or both. “Cr”, [0073].
Claim 37: the free magnetic region further comprises a ferromagnetic layer (102) having an iron content greater than or equal to 90 atomic percent. “Fe layer”, FIG. 12.
Claim 38: the insertion substance is in contact with the ferromagnetic layer (FIG. 12).
Claim 39: the fixed magnetic region, the free magnetic region, or both, comprise iron (Fe), cobalt (Co), and/or boron (B). “Fe layer”, FIG. 12.
Claim 40 recites a seed region between the fixed magnetic region and the first electrically conductive region. Chepulskyy discloses a seed layer 12 in FIG. 12, and also in FIGS. 8-12 and 18-25. Seed layers were very common and obvious in the art to facilitate layer growth, and in an embodiment with the reference layer on the bottom (see e.g. FIGS. 8-10), the seed layer would have been between the fixed magnetic region and the first electrically conductive region.
Claims 27-30, 33-35, 38, and 39 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Ohno, US 2012/0320666 A1.
Claim 27: Ohno discloses
a fixed magnetic region (1205) positioned on or over a first electrically conductive region (503);
a free magnetic region including:
a first magnetic layer (1210);
a coupling layer (1209) formed on or over the first magnetic layer;
and a second magnetic layer (1208) formed on or over the coupling layer;
a plurality of intermediate layers (1204, 1203, and/or 108), wherein at least one of the plurality of intermediate layers is positioned between the fixed magnetic region and the free magnetic region (FIG. 12);
and an insertion substance (108 or 1207) in contact with the free magnetic region, wherein the insertion substance includes one or more transition metal elements. “non-magnetic layer 108”, “non-magnetic layer 1207”. “the material of the non-magnetic layer 803 forming the recording layer 801 may also be a non-magnetic body containing at least one type of element from among such elements as Ru, Rh, V, etc.” [0037]. Claim 17, “the non-magnetic layer alternately laminated with the ferromagnetic layers comprises at least one of Ru, Rh, and V.”
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Claim 28: the fixed magnetic region comprises iron (Fe), cobalt (Co), and/or boron (B) (“a ferromagnetic layer with a small damping constant, such as a material containing at least one type of 3d transition metal, e.g., Co, Fe, etc.” [0007]).
Claim 29: the coupling layer includes tantalum (Ta), tungsten (W), molybdenum (Mo), ruthenium (Ru), rhodium (Rh), rhenium (Re), iridium (Ir), osmium (Os), or combinations thereof. “the material of the non-magnetic layer 803 forming the recording layer 801 may also be a non-magnetic body containing at least one type of element from among such elements as Ru, Rh, V, etc.” [0037]. Claim 17, “the non-magnetic layer alternately laminated with the ferromagnetic layers comprises at least one of Ru, Rh, and V.”
Claim 30: the free magnetic region includes iron (Fe), cobalt (Co), and/or boron (B). (“a ferromagnetic layer with a small damping constant, such as a material containing at least one type of 3d transition metal, e.g., Co, Fe, etc.” [0007]).
Claim 33: the insertion substance is in contact with the ferromagnetic layer of the free magnetic region (FIG. 12).
Claim 34: the one or more transition metal elements include one or more metals configured to be non-magnetic in an elemental state at 15◦C–40◦C. the material of the non-magnetic layer 803 forming the recording layer 801 may also be a non-magnetic body containing at least one type of element from among such elements as Ru, Rh, V, etc.” [0037]. Claim 17, “the non-magnetic layer alternately laminated with the ferromagnetic layers comprises at least one of Ru, Rh, and V.”
Claim 35: Ohno discloses
a fixed magnetic region (1205) positioned above a first electrically conductive region (503);
a plurality of intermediate layers (1204, 1203, and/or 108), wherein at least one of the plurality of intermediate layers is positioned above the fixed magnetic region;
a free magnetic region positioned above at least one of the plurality of intermediate layers, wherein the free magnetic region comprises:
a first magnetic layer (1210);
a second magnetic layer (1208) above the first magnetic layer;
and a coupling layer (1209) positioned between the first magnetic layer and the second magnetic layer;
an insertion substance (108 or 1207) in contact with the free magnetic region, wherein the insertion substance includes one or more transition metal elements;
“the material of the non-magnetic layer 803 forming the recording layer 801 may also be a non-magnetic body containing at least one type of element from among such elements as Ru, Rh, V, etc.” [0037]. Claim 17, “the non-magnetic layer alternately laminated with the ferromagnetic layers comprises at least one of Ru, Rh, and V.”
and a capping layer (504) comprising magnesium oxide ([0032]), wherein the capping layer is in contact with the free magnetic region and is formed on or above the insertion substance.
Claim 38: the insertion substance is in contact with the ferromagnetic layer (FIG. 12).
Claim 39: the fixed magnetic region, the free magnetic region, or both, comprise iron (Fe), cobalt (Co), and/or boron (B). (“a ferromagnetic layer with a small damping constant, such as a material containing at least one type of 3d transition metal, e.g., Co, Fe, etc.” [0007]).
Claim Rejections - 35 USC § 103
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 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, 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.
Claim 28 is rejected under 35 U.S.C. 103 as being unpatentable over Wang, US 2014/0145792 A1. Chepulskyy discloses that “although depicted as a simple layer, the reference layer 230’ may be a SAF or other multilayer.” [0072]. Chepulskyy does not disclose what material the reference layer, either simple of SAF (synthetic antiferromagnetic), would be, but those in the art would have known that the claimed materials were the most common materials for such a layer. See e.g. Wang, [0011], which discloses that the layers in an SAF contain the claimed materials: “In one aspect, FL1 and FL2 are laminates such as (Ni/Co)n, (Pt/Co)n, (Pd/Co)n, (Co/Ru)n, and the like where n is the lamination number which is from 1 to 10, and preferably 1 to 4. However, Co may be replaced by a Co-rich alloy such as CoFe or CoFeB wherein Co content is greater than that of Fe or B, and Ni may be replaced by a Ni rich alloy such as NiFe or NiFeB.” It would have been obvious to have used the claimed materials as well-known in the art for such a layer.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure and is listed in the attached Notice of References Cited.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PETER BRADFORD whose telephone number is (571)270-1596. The examiner can normally be reached 10:30-6:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jacob Choi can be reached at 469.295.9060. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PETER BRADFORD/Primary Examiner, Art Unit 2897