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 .
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 § 2146 et seq. 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).
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Claims 1, 4, 11, 13-14 and 18-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 10,957,851. Although the claims at issue are not identical, they are not patentably distinct from each other because they are not patentably distinct from each other because the instant claims are broader and therefore anticipated by the patent claims.
Regarding claim 1, U.S. Patent No. 10,957,851 discloses a method comprising:
performing an oxidation process to a free layer, the free layer disposed over a structure that includes a tunnel barrier layer, a reference layer, and a seed layer [claims 5 and 14];
depositing a metal layer over the free layer after the oxidation process has been performed, wherein the metal layer serves as an Hk enhancing layer for a perpendicularly magnetized magnetic tunnel junction (p-MTJ) device, and wherein Hk represents a crystalline anisotropy field in a perpendicular direction [claims 5 and 14];
etching (patterning) openings that extend through the Hk enhancing layer, the free layer, the tunnel barrier layer, and the seed layer [Claims 5 and 14]; and
filling the openings with one or more dielectric layers (encapsulating) [claims 5 and 14].
Regarding claim 4, U.S. Patent No. 10,957,851 discloses: performing a post-oxidation process that removes a boron oxide material that forms at or proximate to a top surface of the free layer after the oxidation process has been performed. [Claims 6 and 15].
Regarding claim 11, U.S. Patent No. 10,957,851 discloses: wherein the free layer contains boron [Claims 1 and 10].
Regarding claim 13, U.S. Patent No. 10,957,851 discloses: before the oxidation process is performed, performing a plasma treatment process to the free layer [Claims 1 and 10].
Regarding claim 14, U.S. Patent No. 10,957,851 discloses a method comprising:
providing a device that includes a free layer, a tunnel barrier layer, a reference layer, and a seed layer, wherein the free layer contains boron and is disposed over the tunnel barrier layer, wherein the tunnel barrier layer contains a metal oxide and is disposed over the reference layer, and wherein the reference layer is disposed over the seed layer [Claims 5 and 14];
oxidizing at least a portion of the free layer [Claims 5 and 14];
forming an Hk enhancing layer over the free layer, wherein the Hk enhancing layer is formed at least in part by depositing a metal material over the free layer after the oxidizing [Claims 5 and 14];
forming openings that each extend through the Hk enhancing layer, the free layer, the tunnel barrier layer, and the seed layer [Claims 5 and 14]; and
depositing one or more dielectric layers (encapsulating) in each of the openings [Claims 5 and 14].
Regarding claim 18, U.S. Patent No. 10,957,851 discloses a method comprising:
performing an oxidation process to a free layer of a perpendicularly magnetized magnetic tunnel junction (p-MTJ), the p-MTJ including a seed layer, a reference layer formed over the seed layer, a tunnel barrier layer formed over the reference layer, and the free layer formed over the tunnel barrier layer, wherein the free layer contains boron [Claims 5 and 14];
forming a metal-containing layer over the free layer after the oxidation process has been performed [Claims 5 and 14];
etching an opening through the p-MTJ [claims 5 and 14]; and
depositing one or more dielectric layers in the opening [claims 5 and 14].
Regarding claim 19, U.S. Patent No. 10,957,851 discloses wherein a boron oxide material is formed as a result of the oxidation process, and wherein the method further comprises removing the boron oxide material via a plasma treatment process [Claims 5 and 14].
Regarding claim 20, U.S. Patent No. 10,957,851 discloses performing an annealing process during or after the depositing of the one or more dielectric layers [Claims 6 and 15].
Claims 3, 6-7, 9-10 and 12 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 10,957,851 in view of Park et al. (US 2017/0294571).
Regarding claims 3, 6-7, 9-10 and 12, U.S. Patent No. 10,957,851 fails to disclose the recited metal layer, seed layer, tunnel barrier layer and free layer materials and the SyAP configuration.
However,
In regard to claim 3, Park teaches wherein the depositing the metal layer (135) comprises depositing Mg, W, Mo, Ta, Zr, Hf, Ti, Sr, Nb, V, or an alloy thereof [paragraph 0038 and Fog. 2].
In regard to claim 6, Park teaches wherein the seed layer (130) comprises one or more of NiCr, Ta, Ru, Ti, TaN, Cu, or Mg [paragraph 0037 and Fig. 2].
In regard to claim 7, Park teaches wherein the reference layer has a synthetic anti-parallel (SyAP) configuration [paragraphs 0039-0040].
In regard to claim 9, Park teaches wherein the tunnel barrier layer (TBR) comprises a metal oxide [paragraph 0043].
In regard to claim 10, Park teaches wherein the metal oxide comprises MgO, TiOx, AlTiO, MgZnO, Al2O3, ZnO, ZrOx, HfOx, or MgTaO [paragraph 0043].
In regard to claim 12, Park teaches wherein the free layer has a composition FexCoyBz, where x>y, y>0, and x+y+z=100 atomic % [paragraph 0044].
Therefore, one of ordinary skill in the art, before the effective filing date of the claimed invention, would have been motivated to modify U.S. Patent No. 10,957,851 by including the metal layer, seed layer, tunnel barrier layer and free layer materials and the SyAP configuration as taught by Park because it helps to provide a device having superior reliability [paragraph 0006].
Allowable Subject Matter
Claims 2, 5, 8 and 15-17 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 JOSE R DIAZ whose telephone number is (571)272-1727. The examiner can normally be reached Monday-Friday.
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/Jose R Diaz/ Primary Examiner, Art Unit 2815
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