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 .
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.
Claims 11-15 are 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.
Claim 11, line 7, the limitation “a conductive line over the isolation layer” renders the claim indefinite. It is not clear where “the isolation layer” come from.
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.
Claim 16 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by HONG et al [US 2016/0035816].
HONG et al (fig. 10, cols. 2-5) disclose a semiconductor device structure, comprising:
a substrate (200, pp [0019]);
a magnetic element (222a, pp [0039]) over the substrate, wherein the magnetic element has a stack of multiple sub-layers;
a conductive line (250, pp [0067]) extending past opposite edges of the magnetic element; and
an isolation layer (221a, pp [0034],[0039]) between the conductive line and the magnetic element, wherein the isolation layer contains a polymer material.
Allowable Subject Matter
Claims 1-10 are allowed.
Claims 17-20 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.
The following is a statement of reasons for the indication of allowable subject matter: the prior art of record (US 2016/0035816) fails to disclose an isolation layer extending exceeding edges the magnetic element, wherein the isolation layer contains a polymer material; and a conductive line over the isolation layer and extending exceeding the edges of the magnetic element.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HOAI V PHAM whose telephone number is (571)272-1715. The examiner can normally be reached M-F 8:30a.m-10:00p.m.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Drew Richards can be reached at 571-271-1736. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/HOAI V PHAM/Primary Examiner, Art Unit 2892
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