Prosecution Insights
Last updated: April 19, 2026
Application No. 18/709,631

MAGNETORESISTIVE ELEMENT HAVING HIGH OUT-OF-PLANE SENSITIVITY

Non-Final OA §103§112
Filed
May 13, 2024
Examiner
LIU, KENDRICK X
Art Unit
2853
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Allegro MicroSystems, LLC
OA Round
1 (Non-Final)
78%
Grant Probability
Favorable
1-2
OA Rounds
2y 8m
To Grant
93%
With Interview

Examiner Intelligence

Grants 78% — above average
78%
Career Allow Rate
690 granted / 885 resolved
+10.0% vs TC avg
Strong +15% interview lift
Without
With
+15.4%
Interview Lift
resolved cases with interview
Typical timeline
2y 8m
Avg Prosecution
32 currently pending
Career history
917
Total Applications
across all art units

Statute-Specific Performance

§101
0.5%
-39.5% vs TC avg
§103
53.2%
+13.2% vs TC avg
§102
25.7%
-14.3% vs TC avg
§112
16.0%
-24.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 885 resolved cases

Office Action

§103 §112
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 . Claims Applicant’s claims filed on 07/01/2024 regarding claims 1-16 is fully considered. Claim Objections Claims 1-2, 4, 14 and 16 are objected to because of the following informalities: Regarding claim 1, the examiner suggests the following amendment: “[A] magnetoresistive element” in line 1. Regarding claim 2, the examiner suggests the following amendment: “the sense layer comprises [the ferromagnetic material being] a soft ferromagnetic material” in line 2. Regarding claim 4, the recitation of “the multilayer” in line 4 lacks antecedent basis. Regarding claim 14, the examiner believes the recitation of “NdCos” in line 2 should be NdCo5. Regarding claim 16, the examiner believes the recitation of “1 mVN/mT” in line 3 should be 1 mV/V/mT. Appropriate correction is required. 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. The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. Claim 13 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Regarding claim 13, the recitation of “CoFeSi” in line 3 does not contain Mn, required as recited in base claim 12. 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. This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. Claim(s) 1 is/are rejected under 35 U.S.C. 103 as being unpatentable over Apalkov et al. (US 2017/0149387 A1) in view of Lee et al. (US 2014/0159175 A1). Regarding claim 1, Apalkov et al. teach a magnetoresistive element (magnetic tunneling junction 1; FIG. 1; tunneling magnetoresistance; [0055]; FIG. 2), comprising a reference layer having a reference magnetization oriented out-of-plane (the magnetization 12 of the conventional driving reference layer 10 is fixed along the direction perpendicular to the plane; [0008]; FIG. 1; driving reference layer 110; FIG. 2); a sense layer having a sense magnetization comprising a vortex configuration stable under the presence of an external magnetic field (a free layer having a magnetization that is free to rotate, e.g., vortex; [0005]), the sense magnetization being reversibly movable in a direction out-of-plane relative to the reference magnetization when the external magnetic field varies in a direction out-of-plane (the conventional free layer 30 has a changeable magnetization or magnetic moment 32; [0009]; FIG. 1; the motion of the free layer magnetic moment 32 as it processes due to the applied torque depends, in part, upon the strength of the externally applied magnetic field Hap and the magnitude of the current I; [0052]; FIG. 2); and a tunnel barrier layer between the reference layer and the sense layer (tunneling barrier layer 20; FIG. 1; nonmagnetic space layer 120; FIG. 2); wherein the sense layer comprises a ferromagnetic material (the layers 134 and 138 are ferromagnetic and thus include one or more of Fe, Co, and Ni; [0064]); and such that the sense layer has a perpendicular magnetic anisotropy field that is greater than 79.6x103 A/m (the large Hk may be greater than one thousand Oersted; [0064]; FIG. 5) Further regarding claim 1, Apalkov et al. do not teach wherein the sense layer has a thickness smaller than 200 nm; and the sense layer has a sense magnetization is between 300 and 1400 emu/cm3. Further regarding claim 1, Lee et al. teach wherein the sense layer has a thickness smaller than 200 nm (3 nm; [0080]; first free magnetic layer 203; FIG. 2); and the sense layer has a sense magnetization is between 300 and 1400 emu/cm3 (saturation magnetization value = 1000 emu/cm3; [0080]) for the purpose of operating at a lower current. It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to incorporate wherein the sense layer has a thickness smaller than 200 nm; and the sense layer has a sense magnetization is between 300 and 1400 emu/cm3, as taught by Lee et al., into Apalkov et al. for the purpose of operating at a lower current. Claim(s) 2-6 and 9-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Apalkov et al. (US 2017/0149387 A1) as modified by Lee et al. (US 2014/0159175 A1) as applied to claim 1 above, and further in view of Jan et al. (US 2014/0103469 A1). Regarding claim 2, Apalkov et al. as modified by Lee et al. do not teach wherein the sense layer comprises a soft ferromagnetic material and an enhancing material configured to enhance the perpendicular magnetic anisotropy field. Further regarding claim 2, Jan et al. teach a sense layer comprises a soft ferromagnetic material and an enhancing material configured to enhance a perpendicular magnetic anisotropy field (free layer 34 may be comprised of CoFeB, CoFe, or a combination thereof; the present disclosure also encompasses a free layer that is a laminated stack with PMA having a plurality “r” of (Co/Pt)r, (Co/Pd)r, r is from 1 to 10; [0043]; FIG. 5) for the purpose of enhancing perpendicular magnetic anisotropy. It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to incorporate wherein the sense layer comprises a soft ferromagnetic material and an enhancing material configured to enhance the perpendicular magnetic anisotropy field, as taught by Jan et al., into Apalkov et al. as modified by Lee et al. for the purpose of enhancing perpendicular magnetic anisotropy. Regarding claim 3, Apalkov et al. as modified by Lee et al. do not teach wherein the soft ferromagnetic material comprises a NiFe, CoFe, or a CoFeB alloy. Further regarding claim 3, Jan et al. teach the soft ferromagnetic material comprises a NiFe, CoFe, or a CoFeB alloy (free layer 34 may be comprised of CoFeB, CoFe, or a combination thereof; [0043]; FIG. 5) for the purpose of enhancing perpendicular magnetic anisotropy. It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to incorporate wherein the soft ferromagnetic material comprises a NiFe, CoFe, or a CoFeB alloy, as taught by Jan et al., into Apalkov et al. as modified by Lee et al. for the purpose of enhancing perpendicular magnetic anisotropy. Regarding claim 4, Apalkov et al. as modified by Lee et al. do not teach wherein the enhancing material comprises a laminate including any one of: (Co/Pt)n, (Co/Pd)n, (Co/Au)n, (Co/Fe)n, (CoCr/Pt)n, (NiFe/Cu)n, or (Co/Cu)n, where n is the number of the multilayer and n is between about 10 and 100. Further regarding claim 4, Jan et al. teach the enhancing material comprises a laminate including any one of: (Co/Pt)n, (Co/Pd)n, (Co/Au)n, (Co/Fe)n, (CoCr/Pt)n, (NiFe/Cu)n, or (Co/Cu)n, where n is the number of the multilayer and n is between about 10 and 100 (the present disclosure also encompasses a free layer that is a laminated stack with PMA having a plurality “r” of (Co/Pt)r, (Co/Pd)r, r is from 1 to 10; [0043]; FIG. 5) for the purpose of enhancing perpendicular magnetic anisotropy. It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to incorporate wherein the enhancing material comprises a laminate including any one of: (Co/Pt)n, (Co/Pd)n, (Co/Au)n, (Co/Fe)n, (CoCr/Pt)n, (NiFe/Cu)n, or (Co/Cu)n, where n is the number of the multilayer and n is between about 10 and 100, as taught by Jan et al., into Apalkov et al. as modified by Lee et al. for the purpose of enhancing perpendicular magnetic anisotropy. Regarding claim 5, Apalkov et al. as modified by Lee et al. do not teach wherein the enhancing material comprises an oxide insert within the soft ferromagnetic material. Further regarding claim 5, Jan et al. teach the enhancing material comprises an oxide insert within the soft ferromagnetic material (an oxide that serves as the capping layer or as the lower layer in the capping layer may be advantageously used to promote PMA in free layer 34 through an oxide/magnetic material interfacial interaction; [0035]) for the purpose of enhancing perpendicular magnetic anisotropy. It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to incorporate wherein the enhancing material comprises an oxide insert within the soft ferromagnetic material, as taught by Jan et al., into Apalkov et al. as modified by Lee et al. for the purpose of enhancing perpendicular magnetic anisotropy. Regarding claim 6, Apalkov et al. as modified by Lee et al. do not teach wherein the oxide insert comprises one continuous layer or a plurality of continuous layers. Further regarding claim 6, Jan et al. teach the oxide insert comprises one continuous layer or a plurality of continuous layers (an oxide that serves as the capping layer or as the lower layer in the capping layer may be advantageously used to promote PMA in free layer 34 through an oxide/magnetic material interfacial interaction; [0035]; the interface being a continuous layer) for the purpose of enhancing perpendicular magnetic anisotropy. It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to incorporate wherein the oxide insert comprises one continuous layer or a plurality of continuous layers, as taught by Jan et al., into Apalkov et al. as modified by Lee et al. for the purpose of enhancing perpendicular magnetic anisotropy. Regarding claim 9, Apalkov et al. as modified by Lee et al. do not teach wherein the enhancing material has a thickness between 0.1 nm and 2 nm. Further regarding claim 9, Jan et al. teach the enhancing material has a thickness between 0.1 nm and 2 nm (free layer 34 may be sufficiently thin, 6 to 15 Angstroms, to have significant interfacial perpendicular anisotropy that dominates an in-plane shape anisotropy field such that a magnetization perpendicular to the plane of the free layer is established; [0045]) for the purpose of enhancing perpendicular magnetic anisotropy. It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to incorporate wherein the enhancing material has a thickness between 0.1 nm and 2 nm, as taught by Jan et al., into Apalkov et al. as modified by Lee et al. for the purpose of enhancing perpendicular magnetic anisotropy. Regarding claim 10, Apalkov et al. as modified by Lee et al. do not teach wherein the sense layer comprises a laminated structure including one of (NiFe/Ni)n, (Ni/Co)n or (NiFe/Co)n, where n is the number of the layers and n is between about 10 and 100. Further regarding claim 10, Jan et al. teach a sense layer comprises a laminated structure including one of (NiFe/Ni)n, (Ni/Co)n or (NiFe/Co)n, where n is the number of the layers and n is between about 10 and 100 (an overlying (Ni/Co)n multilayer or CoFeNiB layer thereby enhancing PMA in the overlying layer that may be a pinned layer, reference layer, dipole layer, or free layer; [0027]; n is between 2 and 30, and preferably 4 to 10; [0032]) for the purpose of enhancing perpendicular magnetic anisotropy. It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to incorporate wherein the sense layer comprises a laminated structure including one of (NiFe/Ni)n, (Ni/Co)n or (NiFe/Co)n, where n is the number of the layers and n is between about 10 and 100, as taught by Jan et al., into Apalkov et al. as modified by Lee et al. for the purpose of enhancing perpendicular magnetic anisotropy. Claim(s) 7-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Apalkov et al. (US 2017/0149387 A1) as modified by Lee et al. (US 2014/0159175 A1) and Jan et al. (US 2014/0103469 A1) as applied to claim 5 above, and further in view of Iwata et al. (US 2018/0269387 A1). Regarding claim 7, Apalkov et al. as modified by Lee et al. and Jan et al. do not teach wherein the oxide insert comprises a plurality of clusters. Further regarding claim 7, Iwata et al. teach a sense layer comprises an oxide insert comprises a plurality of clusters (a key feature is that the free layer 34 formed on the tunnel barrier is comprised of a plurality of metal clusters 40; [0052]; FIG. 2; as a result of the formation of metal oxide clusters 40x; [0063]; FIG. 3A) for the purpose of enhancing perpendicular magnetic anisotropy. It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to incorporate wherein the oxide insert comprises a plurality of clusters, as taught by Iwata et al., into Apalkov et al. as modified by Lee et al. and Jan et al. for the purpose of enhancing perpendicular magnetic anisotropy. Regarding claim 8, Apalkov et al. as modified by Lee et al. and Jan et al. do not teach wherein the oxide insert comprises MgO. Further regarding claim 8, Iwata et al. teach an oxide insert comprises MgO (the Hk enhancing layer is comprised of MgO; [0058]; FIG. 3A) for the purpose of enhancing perpendicular magnetic anisotropy. It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to incorporate wherein the oxide insert comprises MgO, as taught by Iwata et al., into Apalkov et al. as modified by Lee et al. and Jan et al. for the purpose of enhancing perpendicular magnetic anisotropy. Claim(s) 11-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Apalkov et al. (US 2017/0149387 A1) as modified by Lee et al. (US 2014/0159175 A1) as applied to claim 1 above, and further in view of Kim et al. (US 2019/0206941 A1). Regarding claim 11, Apalkov et al. as modified by Lee et al. do not teach wherein the ferromagnetic material comprises a Heusler alloy. Further regarding claim 11, Kim et al. teach a ferromagnetic material comprises a Heusler alloy (the magnetic free layer 2006 could also be constructed of Co/(Pt, Pd) multi-layers or one or more Heusler alloys such as: CoMnSi, CoMnGe, CoMnAl, CoMnFeSi, CoFeSi, CoFeAl, CoCrFeAl or CoFeAlSi; [0140]) for the purpose of enhancing perpendicular magnetic anisotropy. It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to incorporate wherein the ferromagnetic material comprises a Heusler alloy, as taught by Kim et al., into Apalkov et al. as modified by Lee et al. for the purpose of enhancing perpendicular magnetic anisotropy. Regarding claim 12, Apalkov et al. as modified by Lee et al. do not teach wherein the ferromagnetic material comprises a Mn containing alloy. Further regarding claim 12, Kim et al. teach the ferromagnetic material comprises a Mn containing alloy (the magnetic free layer 2006 could also be constructed of Co/(Pt, Pd) multi-layers or one or more Heusler alloys such as: CoMnSi, CoMnGe, CoMnAl, CoMnFeSi, CoFeSi, CoFeAl, CoCrFeAl or CoFeAlSi; [0140]) for the purpose of enhancing perpendicular magnetic anisotropy. It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to incorporate wherein the ferromagnetic material comprises a Mn containing alloy, as taught by Kim et al., into Apalkov et al. as modified by Lee et al. for the purpose of enhancing perpendicular magnetic anisotropy. Regarding claim 13, Apalkov et al. as modified by Lee et al. do not teach wherein the ferromagnetic material comprises a NiMnGa, CoMnGa, FeMnGa, CoFeSi, CoMnSi, NiMnSb, CoMnSb or a CoMnAl alloy. Further regarding claim 13, Kim et al. teach the ferromagnetic material comprises a NiMnGa, CoMnGa, FeMnGa, CoFeSi, CoMnSi, NiMnSb, CoMnSb or a CoMnAl alloy (the magnetic free layer 2006 could also be constructed of Co/(Pt, Pd) multi-layers or one or more Heusler alloys such as: CoMnSi, CoMnGe, CoMnAl, CoMnFeSi, CoFeSi, CoFeAl, CoCrFeAl or CoFeAlSi; [0140]) for the purpose of enhancing perpendicular magnetic anisotropy. It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to incorporate wherein the ferromagnetic material comprises a NiMnGa, CoMnGa, FeMnGa, CoFeSi, CoMnSi, NiMnSb, CoMnSb or a CoMnAl alloy, as taught by Kim et al., into Apalkov et al. as modified by Lee et al. for the purpose of enhancing perpendicular magnetic anisotropy. Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Apalkov et al. (US 2017/0149387 A1) as modified by Lee et al. (US 2014/0159175 A1) and Kim et al. (US 2019/0206941 A1) as applied to claim 11 above, and further in view of Iwata et al. (US 2018/0269387 A1). Regarding claim 14, Apalkov et al. as modified by Lee et al. and Kim et al. do not teach wherein the ferromagnetic material comprises a Co2FeAl, MnAs, MnSb, CoTb, NdCo5, or a SmCo5 alloy. Further regarding claim 14, Kim et al. teach the ferromagnetic material comprises a Co2FeAl, MnAs, MnSb, CoTb, NdCo5, or a SmCo5 alloy (the free layer may be comprised of a Heusler alloy including Co2FeZ, where Z is one of Si, Ge, Al; [0017]) for the purpose of enhancing perpendicular magnetic anisotropy. It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to incorporate wherein the ferromagnetic material comprises a Co2FeAl, MnAs, MnSb, CoTb, NdCo5, or a SmCo5 alloy, as taught by Kim et al., into Apalkov et al. as modified by Lee et al. for the purpose of enhancing perpendicular magnetic anisotropy. Claim(s) 15-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Apalkov et al. (US 2017/0149387 A1) as modified by Lee et al. (US 2014/0159175 A1) as applied to claim 1 above, and further in view of Mather (US 2011/0169488 A1). Regarding claim 15, Apalkov et al. as modified by Lee et al. do not teach a magnetoresistive sensor comprising a plurality of the magnetoresistive element. Further regarding claim 15, Mather teaches a magnetoresistive sensor comprising a plurality of magnetoresistive elements (MTJ, GMR, and AMR sensors have been employed in a Wheatstone bridge structure to increase sensitivity and to reduce the temperature dependent resistance changes; [0003]; four of the magnetic tunnel sense elements 100 are combined to form a Wheatstone bridge 300; FIG. 3) for the purpose of increasing sensor sensitivity. It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to incorporate a magnetoresistive sensor comprising a plurality of the magnetoresistive element, as taught by Mather, into Apalkov et al. as modified by Lee et al. for the purpose of increasing sensor sensitivity. Regarding claim 16, Apalkov et al. as modified by Lee et al. do not teach an out-of-plane sensitivity greater than 1 mVN/mT. Further regarding claim 16, Mather teaches an out-of-plane sensitivity greater than 1 mVN/mT (signal response of an exemplary sensor with an electrical offset of 4mV/V and sensitivity of 2 mV/V at 2 mA of stabilization current; [0029]; FIG. 4) for the purpose of increasing sensor sensitivity. It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to incorporate an out-of-plane sensitivity greater than 1 mVN/mT, as taught by Mather, into Apalkov et al. as modified by Lee et al. for the purpose of increasing sensor sensitivity. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to KENDRICK X LIU whose telephone number is (571)270-3798. The examiner can normally be reached MWFSa 10am-8pm. 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, Douglas X Rodriguez can be reached at (571) 431-0716. 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. 4 April 2026 /KENDRICK X LIU/Examiner, Art Unit 2853 /DOUGLAS X RODRIGUEZ/Supervisory Patent Examiner, Art Unit 2853
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Prosecution Timeline

May 13, 2024
Application Filed
Apr 04, 2026
Non-Final Rejection — §103, §112 (current)

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Prosecution Projections

1-2
Expected OA Rounds
78%
Grant Probability
93%
With Interview (+15.4%)
2y 8m
Median Time to Grant
Low
PTA Risk
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