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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 07/16/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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 6 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 6,
Claim 6 recites the limitation, “having an ON/OFF current ratio of 1x104 or more”. The Examiner finds that this limitation is indefinite because it is not clear if the Applicant intends to claim a current ratio of 104 or more or a current ratio of 104 or more. The Examiner interprets claim 6 to mean a current ratio of 104 because the limitation is written in scientific notation and this interpretation matches the specification.
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.
Claims 1-5 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Terao et al US 20100072451 A1. Terao et al will be referenced to as Terao henceforth.
Regarding Claim 1,
Tarao teaches:
“ A variable resistance material containing, in terms of % by atom, 1% to 40% Ge (recording layer 52, [0027], [0089], FIG. 3, FIG. 12: The recording layer may comprise Germanium of 5 atomic % or more and 40% atomic % or less.), 40% to 90% Te, ([0126], FIG. 12: The Te concentration is about 50 to 60 atomic %.) and 1% to 59% Si+AI+Ga+Sn+Bi+Cu+Ag+Zn+Y+1n+Ca+Mg ([0027], [0067],[0126]: The Indium content may be 10.5 %. The antimony atomic % may be between 5 % and 25 %. Antimony and bismuth are in a same group in the periodic table. Therefore, antimony may be replaced with bismuth.).”
Regarding Claim 2,
Tarao teaches:
“The variable resistance material according to claim 1, containing, in terms of % by atom, 0% to 20% Sb (The antimony atomic % may be between 5 % and 25 %.).”
Regarding Claim 3,
Tarao teaches:
“The variable resistance material according to claim 1 ([0027], [0067], [0126], FIG. 12: Antimony and bismuth are in a same group in the periodic table. Therefore, antimony may be replaced with bismuth. Therefore, the recording layer may only have indium, germanium, tellurium, and bismuth.).”
Regarding Claim 4,
Tarao teaches:
“The variable resistance material according to claim 1 ([0126], FIG. 12: The Te concentration is about 50 to 60 atomic %.).”
Regarding Claim 5,
Tarao teaches:
“The variable resistance material according to claim 1 ([0027-0028]. FIG. 12: The recording layer may comprise Germanium of 5 atomic % or more and 40% atomic % or less.).”
Claims 1 and 7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Velea et al, “Te-based chalcogenide materials for selector applications”. Velea et al will be referenced to as Velea henceforth.
Regarding Claim 1,
Velea teaches:
“A variable resistance material containing, in terms of % by atom, 1% to 40% Ge, 40% to 90% Te, and 1% to 59% Si+AI+Ga+Sn+Bi+Cu+Ag+Zn+Y+1n+Ca+Mg (pg. 4, Figure 3 (c): The chalcogenide composition may be 3% Si, and 97% GeTe---6. GeTe---6 means there are 6 Te for each germanium atom. Therefore, if x is the amount of germanium in the composition, then we can write the equation, x + 6x = 0.97. Therefore, x = 0.97/7 = 0.138 approximately. Therefore, the chalcogenide material is about 13.8% Ge and 83.1% Te.).”
Regarding Claim 7,
Velea teaches:
“The variable resistance material according to claim 1 (pg. 3, pg. 5, FIG. 3(a): The crystallization temperature of SiGeTe6, represented by the blue and starry line, is above 200 C.).”
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.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Velea as applied to claims 1 and 7 above.
Regarding Claim 6,
Velea teaches:
“The variable resistance material according to claim 1”
Velea doesn’t substantially teach:
“an ON/OFF current ratio of 1x104 or more”
It would have been obvious to one with ordinary skill in the art before the effective filing
date of the invention to recognize that the silicon content of the device of Velea may be optimized to optimize the on/off current ratio
This is because Velea does not explicitly teach the claimed range. However, Velea teaches that the silicon content of the chalcogenide directly affects the on/off current ratio. The on/off current ratio is therefore an effective variable result. This can be seen in Velea’s figure 2(d), 3(b) and 3(c). Figure 2(d) shows cell current for low resistance and a high resistance in the same color (light-gray). Similarly, figure 3(c) shows several same color line pairs representing the low resistance and high resistance of several chalcogenide compositions. It would therefore have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to vary, through routine optimization, the silicon concentration to arrive at the claimed range. See MPEP 2144.05.II.B.
Claims 8-12 are rejected under 35 U.S.C. 103 as being unpatentable over Fantini et al US 20200066986 A1 and in view of Terao. Fantini et al will be referenced to as Fantini henceforth.
Regarding Claim 8,
Fantini teaches:
“A switch element (Selector device 215, [0056], FIG. 2)”
Fantini doesn’t substantially teach:
“material made of the variable resistance material according to claim 1”
However, Terao teaches:
“material made of the variable resistance material according to claim 1 (Terao: see the rejection of claim 1.)”
It would have been obvious to one with ordinary skill in the art before the effective filing
date of the invention to recognize that the device of Fantini is modifiable in view of Terao by incorporating the chalcogenide material of Terao into the selector device of Fantini.
This is because Fantini teaches that 215 may be made of a different chalcogenide material from memory element 220. Fantini does not teach a specific different chalcogenide composition for element 215. Therefore, one of ordinary skill in the art would have been motivated to search for and find the chalcogenide composition of Terao. Further, the chalcogenide material of Terao has a high resistance ratio, which has the benefit of clearly delineating an on state from an off state. This enables a more reliable use of a selection element.
Regarding Claim 9,
Fantini/Terao teaches:
“A switch layer (Selector device 215, [0056], FIG. 2) made of the variable resistance material according to claim 1 (Terao: see the rejection of claim 1.).”
Regarding Claim 10,
Fantini/Terao teaches:
“A switch element comprising: a first electrode (first electrode 210, [0052], FIG. 2); and the switch layer according to claim 9, the switch layer being disposed on the first electrode (FIG. 2).”
Regarding Claim 11,
Fantini/Terao teaches:
“The switch element according to claim 10, comprising a second electrode disposed at a position opposed to the first electrode with the switch layer in between (second electrode 225, [0052], FIG. 2: 215 is between 210 and 225.).”
Regarding Claim 12,
Fantini/Terao teaches:
“A memory device comprising: the switch element according to claim 11; and a memory element (memory element 220, [0052], FIG. 2).”
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALEXANDRE XAVIER RAMIREZ whose telephone number is (571)272-2715. The examiner can normally be reached Monday - Friday 8:30 AM to 6:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, William Partridge can be reached at (571) 270-1402. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ALEXANDRE X RAMIREZ/Examiner, Art Unit 2812
/William B Partridge/Supervisory Patent Examiner, Art Unit 2812
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