Prosecution Insights
Last updated: October 01, 2026
Application No. 18/771,255

METHODS OF MANUFACTURING SPIN-ORBIT-TORQUE MAGNETIC DEVICE

Non-Final OA §103
Filed
Jul 12, 2024
Priority
Oct 31, 2018 — provisional 62/753,892 +2 more
Examiner
SANDVIK, BENJAMIN P
Art Unit
Tech Center
Assignee
Taiwan Semiconductor Manufacturing Company, Ltd.
OA Round
1 (Non-Final)
77%
Grant Probability
Favorable
1-2
OA Rounds
6m
Est. Remaining
83%
With Interview

Examiner Intelligence

Grants 77% — above average
77%
Career Allowance Rate
903 granted / 1174 resolved
+16.9% vs TC avg
Moderate +6% lift
Without
With
+6.2%
Interview Lift
resolved cases with interview
Typical timeline
2y 8m
Avg Prosecution
29 currently pending
Career history
1188
Total Applications
across all art units

Statute-Specific Performance

§101
0.5%
-39.5% vs TC avg
§103
64.4%
+24.4% vs TC avg
§102
22.7%
-17.3% vs TC avg
§112
6.2%
-33.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1174 resolved cases

Office Action

§103
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 § 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 1, 2, 8-10, and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Sato et al (U.S. Pub #2020/0006631), in view of Mo et al (U.S. Pub #2017/0279036). With respect to claim 1, Sato teaches a method of manufacturing a spin-orbit-torque (SOT) magnetic device, the method comprising: forming bottom electrodes (Fig. 5A, 130) in a first interlayer dielectric (ILD) layer (Fig. 5A, 124); forming a bottom metal layer (Fig. 5E, 122/106 and Paragraph 49, 53, 85-87) on the bottom electrodes and the first ILD layer; forming a second ILD layer (Fig. 5J, 520) over the first ILD layer and the bottom metal layer; a SOT cell structure (Fig. 5J, 104) in the opening. Sato does not teach that the cell structure is formed by forming a second ILD layer over the first ILD layer and the bottom metal layer; forming an opening in the second ILD layer over the bottom metal layer; and forming a SOT cell structure in the opening. Mo teaches forming a second ILD layer (Fig. 1A, 112) over a first ILD layer (Fig. 1A, 102) and a bottom metal layer (Fig. 1A, 104); forming an opening in the second ILD layer over the bottom metal layer; and forming a SOT cell structure (Fig. 1C, 122) in the opening. It would have been obvious to one of ordinary skill in the art before the effective filing date of claimed invention to form the SOT cell structure of Sato by forming an opening in the second ILD layer over the bottom metal layer; and forming a SOT cell structure in the opening as taught by Mo in order to reduce etching damage the MTJ layer (Paragraph 36). With respect to claim 2, Sato teaches forming the SOT cell structure includes: forming a first magnetic layer (Fig. 5J, 108 and Paragraph 59) over the bottom metal layer; forming a spacer layer (Fig. 5J, 110) over the first magnetic layer; and forming a second magnetic layer (Fig. 5J, 112) over the spacer layer. With respect to claim 8, Sato teaches a method of manufacturing a spin-orbit-torque (SOT) magnetic device, the method comprising: forming an opening in a substrate, the substrate comprising a first interlayer dielectric (ILD) layer (Fig. 5B, 124) including an embedded contact (Fig. 5B, 128/130), a metal layer (Fig. 5E, 502) disposed over the first ILD and contacting the embedded contact, and a second ILD (Fig. 5J, 520) covering the first ILD layer and the metal layer; and a SOT cell structure comprising a data storage layer (Fig. 5J, 108 and Paragraph 59) disposed over the metal layer, a spacer layer (Fig. 5J, 110 and Paragraph 59) disposed over the data storage layer, and a reference layer (Fig. 5J, 112 and Paragraph 60) disposed over the spacer layer. Sato does not teach forming an opening in the substrate, wherein the opening exposes a portion of the metal layer; forming a SOT cell structure in the opening. Mo teaches forming a second ILD layer (Fig. 1A, 112) over a first ILD layer (Fig. 1A, 102) and a bottom metal layer (Fig. 1A, 104); forming an opening in the second ILD layer over the bottom metal layer; and forming a SOT cell structure (Fig. 1C, 122) in the opening. It would have been obvious to one of ordinary skill in the art before the effectively filing date of the claimed invention to form the SOT cell structure of Sato by forming an opening in the second ILD layer over the bottom metal layer; and forming a SOT cell structure in the opening as taught by Mo in order to reduce etching damage the MTJ layer (Paragraph 36). With respect to claim 9, Sato teaches that the data storage layer comprises a first magnetic layer (Fig. 5J, 108 and Paragraph 45 and 58), the spacer layer comprises a nonmagnetic layer (Fig. 5J, 110 and Paragraph 59), and the reference layer comprises a second magnetic layer (Fig. 5J, 112 and Paragraph 60). With respect to claim 10, Sato teaches that the first magnetic layer is a free magnetic layer (Paragraphs 45 and 58) and the second magnetic layer has a fixed magnetic moment (Paragraph 60). With respect to claim 16, Sato teaches a method of manufacturing a spin-orbit-torque (SOT) magnetic device, the method comprising: embedding a metal layer (Fig. 5J, 502) between a first interlayer dielectric (ILD) layer (Fig. 5J, 124) and a second ILD layer (Fig. 5J, 520), wherein the first ILD layer includes via contacts (Fig. 5J, 128 and 130) formed therein, and the metal layer is in contact with the via contacts after embedding the metal layer between the first and second ILD layers; a magnetic device including a first magnetic layer (Fig. 5J, 108 and Paragraph 59) disposed over the metal layer, a spacer layer (Fig. 5J, 110 and Paragraph 59) disposed over the first magnetic layer, and a second magnetic layer (Fig. 5J, 112 and Paragraph 60) disposed over the spacer layer. Sato does not teach forming an opening in the second ILD layer to expose a portion of the metal layer; and forming a magnetic device in the opening. Mo teaches forming a second ILD layer (Fig. 1A, 112) over a first ILD layer (Fig. 1A, 102) and a bottom metal layer (Fig. 1A, 104); forming an opening in the second ILD layer over the bottom metal layer; and forming a SOT cell structure (Fig. 1C, 122) in the opening. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to form the SOT cell structure of Sato by forming an opening in the second ILD layer over the bottom metal layer; and forming a SOT cell structure in the opening as taught by Mo in order to reduce etching damage the MTJ layer (Paragraph 36). Claims 3, 6, 7, 11, 12, 17, 18, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Sato and Mo, in view of Huai et al (U.S. Pub #2019/0006414). With respect to claim 3, Sato does not teach that the first magnetic layer includes a lower magnetic layer, a middle layer made of non-magnetic layer, an upper magnetic layer, a first interfacial layer between the lower magnetic layer and the middle layer and a second interfacial layer between the middle layer and the upper magnetic layer. Huai teaches a first magnetic layer includes a lower magnetic layer, a middle layer made of non-magnetic layer, an upper magnetic layer, a first interfacial layer between the lower magnetic layer and the middle layer and a second interfacial layer between the middle layer and the upper magnetic layer (Fig. 6G). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide upper and lower magnetic layer, a middle layer, and interfacial layer as the first magnetic layer of Sato as taught by Huai in order to achieve the predicable result of providing a variable magnetization free layer (Paragraph 39). With respect to claim 6, Sato does not teach forming the SOT cell structure further comprises forming an antiferromagnetic layer made of ruthenium (Ru) over the second magnetic layer. Huai teaches an antiferromagnetic layer made of ruthenium (Ru) (Paragraph 65) over the second magnetic layer. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide an antiferromagnetic layer made of ruthenium (Ru) as taught by Huai in order to exchange couple to the reference layer (Paragraph 33) With respect to claim 7, Sato does not teach forming the SOT cell structure further comprises forming a third magnetic layer including a CoPt layer over the antiferromagnetic layer. Huai teaches a third magnetic layer (Fig. 5A, 144) including a CoPt layer (Paragraph 54) over the antiferromagnetic layer. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide a a third magnetic layer including a CoPt layer over the antiferromagnetic layer as taught by Huai in order to exchange couple to the reference layer (Paragraph 33) With respect to claim 11, Sato does not teach that the data storage layer comprises a non-magnetic layer disposed between upper and lower magnetic layers. Huai teaches a data storage layer that comprises a non-magnetic layer disposed between upper and lower magnetic layers (Fig. 6D). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to form the data storage layer of Sato as a non-magnetic layer disposed between upper and lower magnetic layers as taught by Huai in order to provide a perpendicular enhancement layer in the data storage layer (Paragraph 37). With respect to claim 12, Sato does not teach that the data storage layer further comprises a first interfacial layer disposed between the non-magnetic layer and the lower magnetic layer and a second interfacial layer disposed between the non-magnetic layer and the upper magnetic layer. Huai teaches that the data storage layer further comprises a first interfacial layer disposed between the non-magnetic layer and the lower magnetic layer and a second interfacial layer disposed between the non-magnetic layer and the upper magnetic layer (Fig. 6G). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide upper and lower magnetic layer, a middle layer, and interfacial layer as the first magnetic layer of Sato as taught by Huai in order to achieve the predicable result of providing a variable magnetization free layer (Paragraph 39). With respect to claim 17, Sato does not teach that the first magnetic layer comprises a non-magnetic layer disposed over a lower magnetic layer, and an upper magnetic layer disposed over the non-magnetic layer. Huai teaches a data storage layer that comprises a non-magnetic layer disposed between upper and lower magnetic layers (Fig. 6D). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to form the data storage layer of Sato as a non-magnetic layer disposed between upper and lower magnetic layers as taught by Huai in order to provide a perpendicular enhancement layer in the data storage layer (Paragraph 37). With respect to claim 18, Sato does not teach that the first magnetic layer further comprises interfacial layers separating the non-magnetic layer from the upper and lower magnetic layers. Huai teaches that the data storage layer further comprises a first interfacial layer disposed between the non-magnetic layer and the lower magnetic layer and a second interfacial layer disposed between the non-magnetic layer and the upper magnetic layer (Fig. 6G). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide upper and lower magnetic layer, a middle layer, and interfacial layer as the first magnetic layer of Sato as taught by Huai in order to achieve the predicable result of providing a variable magnetization free layer (Paragraph 39). With respect to claim 20, Sato and Huai teach that the first magnetic layer is a free magnetic layer (Paragraph 45 of Sato; Fig. 6G of Huai). Allowable Subject Matter Claims 4, 5, 13-15, and 19 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. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to BENJAMIN P SANDVIK whose telephone number is (571)272-8446. The examiner can normally be reached M-F: 10-6. 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, Davienne Monbleau can be reached at (571)-272-1945. 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. /BENJAMIN P SANDVIK/Primary Examiner, Art Unit 2812
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Prosecution Timeline

Jul 12, 2024
Application Filed
Aug 11, 2026
Non-Final Rejection mailed — §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
77%
Grant Probability
83%
With Interview (+6.2%)
2y 8m (~6m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1174 resolved cases by this examiner. Grant probability derived from career allowance rate.

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