Prosecution Insights
Last updated: July 17, 2026
Application No. 18/745,140

MAGNETORESISTIVE STACK DEVICE FABRICATION METHODS

Non-Final OA §102§103
Filed
Jun 17, 2024
Priority
Aug 23, 2018 — provisional 62/721,760 +2 more
Examiner
CHIU, TSZ K
Art Unit
Tech Center
Assignee
Everspin Technologies Inc.
OA Round
1 (Non-Final)
79%
Grant Probability
Favorable
1-2
OA Rounds
1y 3m
Est. Remaining
90%
With Interview

Examiner Intelligence

Grants 79% — above average
79%
Career Allowance Rate
536 granted / 677 resolved
+19.2% vs TC avg
Moderate +11% lift
Without
With
+10.6%
Interview Lift
resolved cases with interview
Typical timeline
3y 4m
Avg Prosecution
37 currently pending
Career history
711
Total Applications
across all art units

Statute-Specific Performance

§101
0.2%
-39.8% vs TC avg
§103
69.9%
+29.9% vs TC avg
§102
21.3%
-18.7% vs TC avg
§112
2.1%
-37.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 677 resolved cases

Office Action

§102 §103
DETAILED ACTION General Remarks The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . 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. When responding to this office action, applicants are advised to provide the examiner with line numbers and page numbers in the application and/or references cited to assist the examiner in locating appropriate paragraphs. Per MPEP 2111 and 2111.01, the claims are given their broadest reasonable interpretation and the words of the claims are given their plain meaning consistent with the specification without importing claim limitations from the specification. For Examiner’s Interview fill out the online Automated Interview Request (AIR) form (http://www.uspto.gov/patent/uspto-automated-interview-request-air-form.html). Status of claim(s) to be treated in this office action: Independent: 1, 11 and 21. Pending: 1-15 and 21-26. Cancel: 16-20. Information Disclosure Statement Applicant’s IDS(s) submitted on 6/17/2024, 11/11/2025, 1/12/2026 is/are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement has/have considered by the examiner and made of record. Double Patenting The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969). A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP §§ 706.02(l)(1) - 706.02(l)(3) for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b). The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp. Claim(s) 1-7 and 9-13 (and its dependent claim(s) 14-15) rejected on the ground of nonstatutory double patenting as being unpatentable over claim(s) 1-7, 9-12 and 14 of U.S. Patent No. 12052927 (“the ‘927 Patent”). Although the claims at issue are not identical, they are not patentably distinct from each other as disclosed in the table below. RE: Independent claim(s) 1, they broaden the claim(s) 1 of the ‘927 patent respectively as highlighted in the bolded mapping of the claim language in the table below. All the subject matter of the instant claim has already been claimed by the ‘927 patent. The eliminated limitations from claim 1 of the ‘927 patent, “…forming a first seed region on one side of the electrically conductive region, wherein forming the first seed region includes…”, “…wherein treating the surface of the first seed region by exposing the surface to the qas comprising oxygen includes adding the qas comprising oxygen…”,”…first seed region, wherein treating the surface of the first seed region by exposing the surface to the gas comprising oxygen reduces a crystallinity and/or a grain size of at least a portion of the first…”,”…forming a second seed region on the treated surface of the first seed region, wherein the second seed region comprises one or more of: nickel, chromium, cobalt, iron, or an alloy thereof; and…” would still be obvious to a person of ordinary skill in the art to broadly perform processing of stored instructions. Therefore, the instant claims do not disclose patentably distinguishable matter over claim(s) 1 of the ‘927 patent and would lead to unjustified extension of earlier granted patent term. Same reasoning applies to the rejection of the instant dependent claim(s) 2-7, 9-10 over claim(s) 1-7, 9-10 of the ‘927 patent. RE: Independent claim(s) 11, they broaden the claim(s) 11 of the ‘927 patent respectively as highlighted in the bolded mapping of the claim language in the table below. All the subject matter of the instant claim has already been claimed by the ‘927 patent. The eliminated limitations from claim 11 of the ‘927 patent, “…forming a compositing a firon-adjusted…”,”… region, wherein forming the composition-adjusted seed region comprises: depositing a first seed…”,”… to reduce a crystallinity and/or a grain size of at least a portion of the first seed region…” would still be obvious to a person of ordinary skill in the art to broadly perform processing of stored instructions. Therefore, the instant claims do not disclose patentably distinguishable matter over claim(s) 11 of the ‘927 patent and would lead to unjustified extension of earlier granted patent term. Same reasoning applies to the rejection of the instant dependent claim(s) 12 and 13 over claim(s) 12 and 14 of the ‘927 patent. Instant Application Claim(s) The ‘927 Patent Claim(s) 1. A method of fabricating a magnetoresistive device, comprising: forming an electrically conductive region; depositing a seed region on one side of the electrically conductive region, wherein the seed region comprises one or more of: nickel, chromium, cobalt, iron, or an alloy thereof; treating a surface of the seed region by exposing the surface to a gas comprising oxygen during the deposition of the seed region; and forming a magnetically fixed region on one side of the seed region. 2. The method of claim 1, wherein treating the surface of the seed region comprises exposing the surface to substantially pure oxygen. 3. The method of claim 1, wherein treating the surface of the seed region comprises exposing the surface to a mixture of approximately 2-80% oxygen in other gases. 4. The method of claim 1, wherein treating the surface of the seed region comprises exposing the surface to oxygen at a pressure less than or equal to approximately 10 milliTorr without causinq a vacuum break. 5. The method of claim 1, wherein treating the surface of the seed region comprises exposing the surface to the gas at a pressure approximately between 0.01 and 10 milliTorr. 6. The method of claim 1, wherein treating the surface of the seed region comprises exposing the surface to the gas for a time period less than or equal to approximately 50 seconds. 7. The method of claim 1, wherein treating the surface of the seed region comprises exposing the surface to oxygen for a time period less than or equal to approximately 50 seconds at a temperature less than or equal to approximately 35 degrees Celsius. 9. The method of claim 1, wherein treating the surface of the seed region comprises exposing the surface to oxygen in a chamber with a cryo-pump or a cold-trap. 10. The method of claim 1, wherein treating the surface of the seed region occurs in a same deposition chamber that was used for forming the seed region. 11. (Currently Amended) A method of fabricating a magnetoresistive device, comprising: forming an electrically conductive region; depositing a first seed region on one side of the electrically conductive region, wherein the first seed region comprises one or more of: nickel, chromium, cobalt, or iron; and adding a gas during the deposition of the first seed region and forming a magnetically fixed region on one side of a composition-adjusted seed region. 12. The method of claim 11, wherein the gas is one of oxygen and nitrogen. 13. The method of claim 11, wherein forming the composition- adjusted seed region further comprises: depositing a second seed region. 1. A method of fabricating a magnetoresistive device, comprising: forming an electrically conductive region; forming a first seed region on one side of the electrically conductive region, wherein forming the first seed region includes depositing the first seed region on the one side of the electrically conductive region, wherein the first seed region comprises one or more of: nickel, chromium, cobalt, iron, or an alloy thereof; treating a surface of the first seed region by exposing the surface to a gas comprising oxygen, wherein treating the surface of the first seed region by exposing the surface to the gas comprising oxygen includes adding the gas comprising oxygen during the deposition of the first seed region, wherein treating the surface of the first seed region by exposing the surface to the gas comprising oxygen reduces a crystallinity and/or a grain size of at least a portion of the first seed region; forming a second seed region on the treated surface of the first seed region, wherein the second seed region comprises one or more of: nickel, chromium, cobalt, iron, or an alloy thereof; and forming a magnetically fixed region on one side of the second seed region. 2. The method of claim 1, wherein treating the surface of the first seed region comprises exposing the surface to substantially pure oxygen. 3. The method of claim 1, wherein treating the surface of the first seed region comprises exposing the surface to a mixture of approximately 2-80% oxygen in other gases. 4. The method of claim 1, wherein treating the surface of the first seed region comprises exposing the surface to oxygen at a pressure less than or equal to approximately 10 milliTorr. 5. The method of claim 1, wherein treating the surface of the first seed region comprises exposing the surface to the gas at a pressure approximately between 0.01 and 10 milliTorr. 6. The method of claim 1, wherein treating the surface of the first seed region comprises exposing the surface to the gas for a time period less than or equal to approximately 50 seconds. 7. The method of claim 1, wherein treating the surface of the first seed region comprises exposing the surface to oxygen for a time period less than or equal to approximately 50 seconds at a temperature less than or equal to approximately 35 degrees Celsius. 9. The method of claim 1, wherein treating the surface of the first seed region comprises exposing the surface to oxygen in a chamber with a cryo-pump or a cold-trap. 10. The method of claim 1, wherein treating the surface of the first seed region occurs in a same deposition chamber that was used for forming the first seed region. 11. A method of fabricating a magnetoresistive device, comprising: forming an electrically conductive region; forming a composition-adjusted seed region on one side of the electrically conductive region, wherein forming the composition-adjusted seed region comprises: depositing a first seed region, wherein the first seed region comprises one or more of: nickel, chromium, cobalt, or iron; and adding a gas during the deposition of the first seed region to reduce a crystallinity and/or a grain size of at least a portion of the first seed region; and forming a magnetically fixed region on one side of the composition-adjusted seed region. 12. The method of claim 11, wherein the gas is one of oxygen and nitrogen. 14. The method of claim 11, wherein forming the composition-adjusted seed region further comprises: depositing a second seed region, wherein each of the first seed region and the second seed region comprises one or more of: nickel, chromium, cobalt, and iron. This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented. 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. (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(s) 1, 2, 6, 11-14 and 21-24 is/are rejected under 35 U.S.C. 102(a)(1) and 35 U.S.C. 102(a)(2) as being anticipated by Zhang et al., US PG pub. 20110293967 A1. Re: Independent Claim 1, Zhang discloses forming an electrically conductive region (21, fig. 2); depositing a seed region (23, fig. 2¶0044-¶0045) on one side of the electrically conductive region (21, fig. 2), wherein the seed region (23, fig. 2¶0044-¶0045) comprises one or more of: nickel, chromium, cobalt, iron (¶0044-¶0045), or an alloy thereof; treating a surface of the seed region (23, fig. 2¶0044-¶0045) by exposing the surface to a gas (¶0039) comprising oxygen (¶0039) during the deposition of the seed region (23, fig. 2¶0044-¶0045); and forming a magnetically fixed region (24, fig. 2) on one side of the seed region (23, fig. 2¶0044-¶0045). Re: Claim 2, Zhang disclose(s) all the limitations of claim 1 on which this claim depends. Zhang further discloses: wherein treating the surface of the seed region (23, fig. 2¶0044-¶0045) comprises exposing the surface to substantially pure oxygen (¶0039 &¶0044 OSL formed by a NOX process improves the interface). Re: Claim 6, Zhang disclose(s) all the limitations of claim 1 on which this claim depends. Zhang further discloses: wherein treating the surface of the seed region (23, fig. 2¶0044-¶0045) comprises exposing the surface to the gas (¶0039) for a time period less than or equal to approximately 50 seconds (¶0038). Re: Claim 10, Zhang disclose(s) all the limitations of claim 1 on which this claim depends. Zhang further discloses: wherein treating the surface of the seed region (23, fig. 2¶0044-¶0045) occurs in a same deposition chamber that was used for forming the seed region (23, fig. 2¶0044-¶0045). Re: Independent Claim 11, Zhang discloses forming an electrically conductive region (21, fig. 2); depositing a first seed region (23, fig. 2¶0044-¶0045) on one side of the electrically conductive region (21, fig. 2), wherein the first seed region (23, fig. 2¶0044-¶0045) comprises one or more of: nickel, chromium, cobalt, or iron (¶0044-¶0045); and adding a gas (¶0039) during the deposition of the first seed region (23, fig. 2¶0044-¶0045); and forming a magnetically fixed region (24, fig. 2) on one side of a composition-adjusted seed region (23, fig. 2¶0044-¶0045). Re: Claim 12, Zhang disclose(s) all the limitations of claim 11 on which this claim depends. Zhang further discloses: wherein the gas (¶0039) is one of oxygen (¶0039) and nitrogen. Re: Claim 13, Zhang disclose(s) all the limitations of claim 11 on which this claim depends. Zhang further discloses: wherein forming the composition- adjusted seed region (23, fig. 2¶0044-¶0045) further comprises: depositing a second seed region (23, fig. 2¶0044-¶0045). Re: Claim 14, Zhang disclose(s) all the limitations of claim 11 on which this claim depends. Zhang further discloses: wherein forming the composition-adjusted seed region (23, fig. 2¶0044-¶0045) further comprises: depositing a second seed region (23, fig. 2¶0044-¶0045), wherein each of the first seed region (23, fig. 2¶0044-¶0045) and the second seed region (23, fig. 2¶0044-¶0045) comprises one or more of: nickel, chromium, cobalt, or iron (¶0044-¶0045). Re: Independent Claim 21, Zhang discloses an electrically conductive region (21, fig. 2); a first seed region (23, fig. 2¶0044-¶0045) on one side of the electrically conductive region (21, fig. 2), the first seed region (23, fig. 2¶0044-¶0045) comprising one or more of: nickel, chromium, cobalt, iron (¶0044-¶0045), or an alloy thereof, and a surface of the first seed region (23, fig. 2¶0044-¶0045) having been treated by exposing the surface of the first seed region (23, fig. 2¶0044-¶0045) to a gas (¶0039) comprising oxygen (¶0039); and a magnetically fixed region (24, fig. 2) on one side of the first seed region (23, fig. 2¶0044-¶0045) opposite the electrically conductive region (21, fig. 2). Re: Claim 22, Zhang disclose(s) all the limitations of claim 21 on which this claim depends. Zhang further discloses: a second seed region (23, fig. 2¶0044-¶0045) on one side of the first seed region (23, fig. 2¶0044-¶0045) opposite the magnetically fixed region (24, fig. 2). Re: Claim 23, Zhang disclose(s) all the limitations of claim 21 on which this claim depends. Zhang further discloses: a second seed region (23, fig. 2¶0044-¶0045) on one side of the first seed region (23, fig. 2¶0044-¶0045) opposite the magnetically fixed region (24, fig. 2), wherein the second seed region (23, fig. 2¶0044-¶0045) comprises one or more of: nickel, chromium, cobalt, iron (¶0044-¶0045), or an alloy thereof. Re: Claim 24, Zhang disclose(s) all the limitations of claim 21 on which this claim depends. Zhang further discloses: a second seed region (23, fig. 2¶0044-¶0045) on one side of the first seed region (23, fig. 2¶0044-¶0045) opposite the magnetically fixed region (24, fig. 2), wherein the second seed region (23, fig. 2¶0044-¶0045) is adjacent the first seed region (23, fig. 2¶0044-¶0045) between the electrically conductive region (21, fig. 2) and the magnetically fixed region (24, fig. 2), or wherein the second seed region (23, fig. 2¶0044-¶0045) is disposed on the first seed region (23, fig. 2¶0044-¶0045) on a same side of the first region as the magnetically fixed region (24, fig. 2). Claim(s) 11, 15, 21, 25 and 26 is/are rejected under 35 U.S.C. 102(a)(1) and 35 U.S.C. 102(a)(2) as being anticipated by Whig et al., US Patent 9136464 B1. Re: Independent Claim 11, Whig discloses forming an electrically conductive region (216, fig. 2); depositing a first seed region (208, fig. 2) on one side of the electrically conductive region (216, fig. 2), wherein the first seed region (208, fig. 2) comprises one or more of: nickel, chromium, cobalt, or iron (column 7, lines 8-11); and adding a gas (column 7, lines 49-53) during the deposition of the first seed region (208, fig. 2); and forming a magnetically fixed region (209, fig. 2) on one side of a composition-adjusted seed region (208, fig. 2). Re: Claim 15, Whig disclose(s) all the limitations of claim 11 on which this claim depends. Whig further discloses: forming a first intermediate region (210, fig. 2) on one side of the magnetically fixed region (209, fig. 2); forming a magnetically free region (204, fig. 2) on one side of the first intermediate region (210, fig. 2); forming a second intermediate region (206, fig. 2) on one side of the magnetically free region (204, fig. 2); forming a spacer region (204, fig. 2) on one side of the second intermediate region (206, fig. 2); and forming a capping region 202, fig. 2 and/or a top electrode on one side of the spacer region (204, fig. 2). Re: Independent Claim 21, Whig discloses an electrically conductive region (216, fig. 2); a first seed region (208, fig. 2) on one side of the electrically conductive region (216, fig. 2), the first seed region (208, fig. 2) comprising one or more of: nickel, chromium, cobalt, iron (column 7, lines 8-11), or an alloy thereof, and a surface of the first seed region (208, fig. 2) having been treated by exposing the surface of the first seed region (208, fig. 2) to a gas (column 7, lines 49-53) comprising oxygen; and a magnetically fixed region (209, fig. 2) on one side of the first seed region (208, fig. 2) opposite the electrically conductive region (216, fig. 2). Re: Claim 25, Whig disclose(s) all the limitations of claim 21 on which this claim depends. Whig further discloses: a first intermediate region (210, fig. 2) on one side of the magnetically fixed region (209, fig. 2); a magnetically free region (204, fig. 2) on one side of the first intermediate region (210, fig. 2); a second intermediate region (206, fig. 2) on one side of the magnetically free region (204, fig. 2); a spacer region (204, fig. 2) on one side of the second intermediate region (206, fig. 2); and a capping region 202, fig. 2 on one side of the spacer region (204, fig. 2). Re: Claim 26, Whig disclose(s) all the limitations of claim 21 on which this claim depends. Whig further discloses: wherein the magnetically fixed region (209, fig. 2) includes: a first ferromagnetic region (204, fig. 2) adjacent the first seed region (208, fig. 2) ; a coupling region (206, fig. 2) on one side of the first ferromagnetic region (204, fig. 2); a second ferromagnetic region (210, fig. 2) on one side of the coupling region (210, fig. 2); a transition region (212, fig. 2) on one side of the second ferromagnetic region (210, fig. 2), and a reference region (214, fig. 2) on one side of the transition region (212, fig. 2). Claim Rejections - 35 USC § 103 The following is a quotation of AIA 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. Claim(s) 3-5 is/are rejected under AIA 35 U.S.C. 103 as being unpatentable over Zhang et al., US PG pub. 20110293967 A1. Re: Claim 3, Zhang discloses all the limitations of claim 1 on which this claim depends. Zhang is silent regarding: wherein treating the surface of the seed region (23, fig. 2¶0044-¶0045) comprises exposing the surface to a mixture of approximately 2-80% oxygen (¶0039) in other gases (¶0039). However, oxygen range it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention because, absent evidence of disclosure of criticality for the range giving unexpected results, it is not inventive to discover optimal or workable ranges by routine experimentation. In re Aller, 220 F.2d 454, 105 USPQ 223, 235 (CCPA 1955). Furthermore, the specification contains no disclosure of either the critical nature of the claimed dimensions of any unexpected results arising therefrom. Where patentability is aid to be based upon particular chosen dimensions or upon another variable recited in a claim, the applicant must show that the chosen dimensions are critical. See In re Woodruff, 919 F.2d 1575, 1578, 16 USPQ2sd 1934, 1936 (Fed. Cir. 1990). It would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the system of Zhang et al., modified above to include exposing the surface to a mixture of approximately 2-80% oxygen since such a modification would have only involved a mere change in working ranges which involves only routine skill in the art would have been motivated to make such it provides a specific oxygen concentration required for specific oxygen treatment of the seed layer for oxidation. Re: Claim 4, Zhang discloses all the limitations of claim 1 on which this claim depends. Zhang is silent regarding: wherein treating the surface of the seed region (23, fig. 2¶0044-¶0045) comprises exposing the surface to oxygen (¶0039) at a pressure less than or equal to approximately 10 milliTorr without causinq a vacuum break. However, oxygen range it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention because, absent evidence of disclosure of criticality for the range giving unexpected results, it is not inventive to discover optimal or workable ranges by routine experimentation. In re Aller, 220 F.2d 454, 105 USPQ 223, 235 (CCPA 1955). Furthermore, the specification contains no disclosure of either the critical nature of the claimed dimensions of any unexpected results arising therefrom. Where patentability is aid to be based upon particular chosen dimensions or upon another variable recited in a claim, the applicant must show that the chosen dimensions are critical. See In re Woodruff, 919 F.2d 1575, 1578, 16 USPQ2sd 1934, 1936 (Fed. Cir. 1990). It would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the system of Zhang et al., modified above to include pressure less than or equal to approximately 10 milliTorr since such a modification would have only involved a mere change in working ranges which involves only routine skill in the art would have been motivated to make such it provides a specific oxygen concentration required for specific oxygen treatment of the seed layer for oxidation. Re: Claim 5, Zhang discloses all the limitations of claim 1 on which this claim depends. Zhang is silent regarding: wherein treating the surface of the seed region (23, fig. 2¶0044-¶0045) comprises exposing the surface to the gas (¶0039) at a pressure approximately between 0.01 and 10 milliTorr. However, gases range it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention because, absent evidence of disclosure of criticality for the range giving unexpected results, it is not inventive to discover optimal or workable ranges by routine experimentation. In re Aller, 220 F.2d 454, 105 USPQ 223, 235 (CCPA 1955). Furthermore, the specification contains no disclosure of either the critical nature of the claimed dimensions of any unexpected results arising therefrom. Where patentability is aid to be based upon particular chosen dimensions or upon another variable recited in a claim, the applicant must show that the chosen dimensions are critical. See In re Woodruff, 919 F.2d 1575, 1578, 16 USPQ2sd 1934, 1936 (Fed. Cir. 1990). It would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the system of Zhang et al., modified above to include pressure approximately between 0.01 and 10 milliTorr since such a modification would have only involved a mere change in working ranges which involves only routine skill in the art would have been motivated to make such it provides a specific oxygen concentration required for specific oxygen treatment of the seed layer for oxidation. Claim(s) 7 is/are rejected under AIA 35 U.S.C. 103 as being unpatentable over Zhang et al., US PG pub. 20110293967 A1;In view of Park et al., US PG pub. 20120236631 A1. Re: Claim 7, Zhang discloses all the limitations of claim 1 on which this claim depends. Zhang further discloses: wherein treating the surface of the seed region (23, fig. 2¶0044-¶0045) comprises exposing the surface to oxygen (¶0039) for a time period less than or equal to approximately 50 seconds (¶0038). Zhang is silent regarding: exposing the surface to oxygen at a temperature less than or equal to approximately 35 degrees Celsius. Park teaches an oxygen treatment can be in range or temperature of 0 to 500 Celsius degree (¶0151). Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to include the method of using a low to high temperature of oxygen treatment since this temperature range gives precision on the oxidize without driving oxygen deep into the stack prematurely. Claim(s) 9 is/are rejected under AIA 35 U.S.C. 103 as being unpatentable over Zhang et al., US PG pub. 20110293967 A1;In view of Okazaki et al., WO2016139556 A1. Re: Claim 9, Zhang discloses all the limitations of claim 1 on which this claim depends. Zhang further discloses: the oxygen treatment is in a low flow which serves a similar purpose of a cryo-pump or cold trap. Zhang is silent regarding: wherein treating the surface of the seed region (23, fig. 2¶0044-¶0045) comprises exposing the surface to oxygen (¶0039) in a chamber with a cryo-pump or a cold-trap. Okazaki teaches oxygen treatment can use in a chamber with cryo-pump. Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to include the method of using cold-trap since cold-trap can remove residual gas (¶0039)es prevent back streaming contamination. Prior art made of record and not relied upon are considered pertinent to current application disclosure. * (“Ranjan et al., US Patent 8063459 B2”) Discloses a non-volatile magnetic memory element includes a number of layers one of which is a free layer which is graded. The graded free layer may include various elements with each element having a different anisotropy or it may include nonmagnetic compounds and magnetic regions with the non-magnetic compounds forming graded contents forming a unique shape such as cone shaped, diamond shaped or other shapes and whose thickness is based on the reactivity of the magnetic compound. * (“Lotfi et al., US patent 8133529 B2”) discloses a micromagnetic device including providing a substrate and forming a magnetic core layer over the substrate from a magnetic alloy. The magnetic alloy includes iron, cobalt and phosphorous. A content of the cobalt is in a range of 1.8 to 4.5 atomic percent. A content of the phosphorus is in a range of 20.1 to 30 atomic percent. A content of the iron is substantially a remaining proportion of the magnetic alloy. * (“Fukuzawa et al., US Patent 8917485 B2”) discloses a magnetoresistive effect element includes a magnetization fixed layer including a first crystal grain, having a magnetization direction which is fixed substantially in one direction, a spacer layer arranged on the magnetization fixed layer and having an insulating layer and a metal conductor penetrating the insulating layer, and a magnetization free layer including a second crystal grain, arranged on the spacer layer to oppose the metal conductor and having a magnetization direction which changes corresponding to an external magnetic field. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to TSZ CHIU whose telephone number is 571-272-8656. The examiner can normally be reached on M-F, 9:00AM to 5:00PM (EST). 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 https://www.uspto.gov/patent/uspto-automated-interview-request-air-form.html. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Leonard Chang can be reached on 571-270-3691. 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. /TSZ K CHIU/Examiner, Art Unit 2898 Tsz.Chiu@uspto.gov /Leonard Chang/Supervisory Patent Examiner, Art Unit 2898
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Prosecution Timeline

Jun 17, 2024
Application Filed
Nov 10, 2025
Response after Non-Final Action
Jun 29, 2026
Non-Final Rejection mailed — §102, §103 (current)

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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
79%
Grant Probability
90%
With Interview (+10.6%)
3y 4m (~1y 3m remaining)
Median Time to Grant
Low
PTA Risk
Based on 677 resolved cases by this examiner. Grant probability derived from career allowance rate.

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