Prosecution Insights
Last updated: April 19, 2026
Application No. 18/782,714

METHOD FOR FORMING A MAMR STRUCTURE BASED ON A TMR - SPIN TORQUE OSCILLATOR (STO) HAVING SEED LAYER AND CAPPING LAYER OF METAL OXIDE

Non-Final OA §103§112
Filed
Jul 24, 2024
Examiner
MAI, ANH D
Art Unit
2893
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Taiwan Semiconductor Manufacturing Company Ltd.
OA Round
1 (Non-Final)
37%
Grant Probability
At Risk
1-2
OA Rounds
3y 9m
To Grant
46%
With Interview

Examiner Intelligence

Grants only 37% of cases
37%
Career Allow Rate
259 granted / 692 resolved
-30.6% vs TC avg
Moderate +9% lift
Without
With
+8.8%
Interview Lift
resolved cases with interview
Typical timeline
3y 9m
Avg Prosecution
56 currently pending
Career history
748
Total Applications
across all art units

Statute-Specific Performance

§101
1.8%
-38.2% vs TC avg
§103
42.8%
+2.8% vs TC avg
§102
23.9%
-16.1% vs TC avg
§112
29.8%
-10.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 692 resolved cases

Office Action

§103 §112
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 . Status of the Claims Application filed July 24, 2024, as a divisional of Application Ser No. 17/230,605, is acknowledged. New claims 1-20 are pending. Action on merits of claims 1-20 follows. Information Disclosure Statement The information disclosure statement (IDS) submitted on July 24, 2024 has been considered by the examiner. Specification The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification. The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed. The following title is suggested: METHOD FOR FORMING A MAMR STRUCTURE BASED ON A TMR - SPIN TORQUE OSCILLATOR (STO) HAVING SEED LAYER AND CAPPING LAYER OF METAL OXIDE Claim Rejections - 35 USC § 112 The following is a quotation of the first paragraph of 35 U.S.C. 112(a): (a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention. Claims 7 and 16-17 are rejected under 35 U.S.C. 112(a) as failing to comply with the enablement requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention. New claim 7 recites: the method of claim 6, wherein the main pole is configured to generate a local magnetic field to flip the magnetization of the medium bit. Similarly, new claims 16 recites: “the method of claim 11, wherein the method further comprises: providing a soft underlayer and a medium bit layer disposed on the soft underlayer, wherein the main pole is configured to generate a local magnetic field for interaction with the medium bit layer, and wherein the local magnetic field is configured to flip a magnetization of a medium bit of the medium bit layer” (emphasis added). The limitations “the main pole is configured to generate a local magnetic field to flip the magnetization of the medium bit”; and “wherein the local magnetic field is configured to flip a magnetization of a medium bit of the medium bit layer” implies that “flip a magnetization of a medium bit of the medium bit layer” is the function of the “main pole”. However, the specification, ¶ [0074], explicitly states that: “For a typical MAMR writer, the magnetic field generated by the main pole itself is not strong enough to flip the magnetization 89 of the medium bit in order to accomplish the write process. However, writing becomes possible when assisted by a spin torque oscillator (STO) 83 positioned between the main pole and write shield.” Therefore, claims 7 and 16 fail to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention. 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. Claims 7 and 16-17 are rejected under 35 U.S.C. 112(b) 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. New claim 7 recites: the method of claim 6, wherein the main pole is configured to generate a local magnetic field to flip the magnetization of the medium bit. New claims 16 recites: “the method of claim 11, wherein the method further comprises: providing a soft underlayer and a medium bit layer disposed on the soft underlayer, wherein the main pole is configured to generate a local magnetic field for interaction with the medium bit layer, and wherein the local magnetic field is configured to flip a magnetization of a medium bit of the medium bit layer” (emphasis added). The limitations contravene the specification, ¶ [0074] as indicated above. Therefore, claims 7 and 16-17 are indefinite. 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 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over CHEN et al. (US. Patent No. 8,582,240) in view of CAO et al. (US. Patent No. 8,492,169) both of record. With respect to claim 1, CHEN teaches a method substantially as claimed including: providing a soft underlayer (7) and a medium bit layer (4) disposed on the soft underlayer; providing a main pole (1); forming a first non-magnetic layer (14) adjacent a side of the main pole (1); forming a magnetic layer (11) adjacent the first non-magnetic layer (14); forming a second non-magnetic layer (13) adjacent the magnetic layer (11) and opposite the first non-magnetic layer (14); forming a high moment magnetic layer (10) adjacent the second non-magnetic layer (13) and opposite the magnetic layer (11); forming a metal oxide layer (12) adjacent the high moment magnetic layer (10) and opposite the second non-magnetic layer (13); forming a write shield (2) adjacent the metal oxide layer (12) and opposite the high moment magnetic layer (10). (See FIGs. 3, 15). Thus, CHEN is shown to teach all the features of the claim with the exception of explicitly disclosing the formation of the metal oxide layer. However, CAO teaches a method of forming a metal oxide including: forming a first magnesium layer; performing a passive oxidation process that partially oxidizes the first magnesium layer; forming a second magnesium layer over the partially oxidized first magnesium layer; and performing an annealing process to fully oxidize the first magnesium layer and the second magnesium layer. (See Col. 3, ll. 41-60). Therefore, it would have been obvious to one having ordinary skill in the art at the time of invention was made to form the metal oxide layer of CHEN utilizing the forming method as taught by CAO to form the metal oxide layer. Further, it has been held to be within the general skill of a worker in the art to select a known method on the basis of it suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416., 125 USPQ 416. With respect to claim 2, in view of CAO, the forming of the first non-magnetic layer further comprises: forming a first metal layer; performing an oxidation process to oxidize an upper portion of the first metal layer while a bottom portion of the first metal layer remains unoxidized; and forming a second metal layer over the upper portion of the first metal layer. With respect to claim 3, in view of CAO, the forming of the first non-magnetic layer further comprises forming a third metal layer over the second metal layer. With respect to claim 4, in view of CAO, the forming of the first non-magnetic layer further comprises performing another annealing process during the forming of the third metal layer. With respect to claim 5, in view of CAO, the forming of the metal oxide layer further comprises: prior to the performing the annealing process, forming a third magnesium layer over the second magnesium layer; and performing the annealing process to fully oxidize the metal oxide layer. With respect to claim 6, the medium bit layer (4) of CHEN includes a medium bit having a magnetization. With respect to claim 7, As best understood by the Examiner, the main pole (1) of CHEN is configured to generate a local magnetic field to flip the magnetization of the medium bit. The term “is configured to” is the function of the main pole. With respect to claim 8, the high moment magnetic layer (10) of CHEN includes an oscillation layer. With respect to claim 9, the oscillation layer (10) of CHEN is configured to generate a radio frequency (RF) field for interaction with the medium bit layer. With respect to claim 10, the RF field of CHEN is configured to reduce a coercive field of a medium bit of the medium bit layer. The term “is configured to” of claims 9 and 10 is the function of the oscillation layer. With respect to claim 11, CHEN teaches a method substantially as claimed including: providing a MAMR writer including a main pole (1), a write shield (2), and a spin torque oscillator (STO, 3) positioned between the main pole (1) and the write shield (2), wherein providing the STO comprises: forming a metal oxide (14) along a side of the main pole (1); sequentially forming, adjacent to the metal layer (14), a magnetic layer (11), a non-magnetic layer (13), a high moment magnetic layer (10), and a metal oxide layer (12). (See FIGs. 3, 15) Thus, CHEN is shown to teach all the features of the claim with the exception of explicitly disclosing the formation of the metal oxide layer. However, JAN teaches a method of forming a metal oxide including: forming a first metal layer; performing a passive oxidation process that partially oxidizes the first metal layer; forming a second metal layer on an oxidized portion of the first metal layer; and subsequently, performing an annealing process. (See Col. 3, ll. 41-60). Therefore, it would have been obvious to one having ordinary skill in the art at the time of invention was made to form the metal oxide layer of CHEN utilizing the forming method as taught by CAO to form the metal oxide layer. Further, it has been held to be within the general skill of a worker in the art to select a known method on the basis of it suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416., 125 USPQ 416. With respect to claim 12, the write shield (1) is provided after the sequentially forming the magnetic layer (11), the non-magnetic layer (13), the high moment magnetic layer (10), and the metal oxide layer (12). With respect to claim 13, in view of CAO, the annealing process is performed after the sequentially forming the magnetic layer (11), the non-magnetic layer (13), the high moment magnetic layer (10), and the metal oxide layer (12). With respect to claim 14, in view of CAO, the annealing process is performed after forming the second metal layer and prior to the sequentially forming the magnetic layer (11), the non-magnetic layer (13), the high moment magnetic layer (10), and the metal oxide layer (12). With respect to claim 15, in view of CAO, the forming of the metal oxide layer (12) further comprises: forming a third metal layer; performing an oxidation process to partially oxidize the third metal layer; and forming a fourth metal layer over the partially oxidized third metal layer. (FIG. 3b). With respect to claim 16, the method of CHEN further comprises: providing a soft underlayer (7) and a medium bit layer (4) disposed on the soft underlayer (7), wherein the main pole (1) is configured to generate a local magnetic field for interaction with the medium bit layer (4), and wherein the local magnetic field is configured to flip a magnetization of a medium bit (5) of the medium bit layer (4). The term “is configured to” is the function of the main pole. With respect to claim 17, the high moment magnetic layer (10) of CHEN includes an oscillation layer configured to generate a radio frequency (RF) field for interaction with the medium bit layer, and wherein the RF field is configured to reduce a coercive field of the medium bit. With respect to claim 18, in view of CAO, the first metal layer and the second metal layer include a magnesium layer. With respect to claim 19, CHEN teaches a method substantially as claimed including: providing a main pole (1); forming a first metal oxide layer (14) adjacent a side of the main pole (1); forming a magnetic layer (11) adjacent the first metal oxide layer (14); forming a non-magnetic layer (13) adjacent the magnetic layer (11) and opposite the first metal oxide layer (14); forming a high moment magnetic layer (10) adjacent the non-magnetic layer (13) and opposite the magnetic layer (11); forming a second metal oxide layer (12) adjacent the high moment magnetic layer (10) and opposite the non-magnetic layer (13), and forming a write shield (2) adjacent the second metal oxide layer (12) and opposite the high moment magnetic layer (10). (See FIGs. 3, 15). Thus, CHEN is shown to teach all the features of the claim with the exception of explicitly disclosing the formation of one or both of the first metal oxide layer and the second metal oxide layer metal oxide layer. However, CAO teaches a method of forming a metal oxide including: forming a first magnesium layer; performing a passive oxidation process that partially oxidizes the first magnesium layer; forming a second magnesium layer over the partially oxidized first magnesium layer; and performing an annealing process to fully oxidize the first magnesium layer and the second magnesium layer. (See Col. 3, ll. 41-60). Therefore, it would have been obvious to one having ordinary skill in the art at the time of invention was made to form the metal oxide layer of CHEN utilizing the forming method as taught by CAO to form the metal oxide layer. Further, it has been held to be within the general skill of a worker in the art to select a known method on the basis of it suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416., 125 USPQ 416. With respect to claim 20, in view of CAO, the forming one or both of the first metal oxide layer and the second metal oxide layer further comprises: prior to the performing the annealing process, forming a third magnesium layer over the second magnesium layer; and performing the annealing process to fully oxidize the first, second, and third magnesium layers. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANH D MAI whose telephone number is (571)272-1710 (Email: Anh.Mai2@uspto.gov). The examiner can normally be reached 10:00-4:00PM. 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, Sue A Purvis can be reached at 571-272-1236. 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. /ANH D MAI/Primary Examiner, Art Unit 2893
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Prosecution Timeline

Jul 24, 2024
Application Filed
Dec 12, 2025
Non-Final Rejection — §103, §112 (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
37%
Grant Probability
46%
With Interview (+8.8%)
3y 9m
Median Time to Grant
Low
PTA Risk
Based on 692 resolved cases by this examiner. Grant probability derived from career allow rate.

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