DETAILED ACTION
As 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.
In responding to this Office action, the applicant is requested to include specific references (figures, paragraphs, lines, etc.) to the drawings/specification of the present application and/or the cited prior arts that clearly support any amendments/arguments presented in the response, to facilitate consideration of the amendments/arguments.
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 .
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.
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).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual 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/apply/applying-online/eterminal-disclaimer.
Claims 1 and 16 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 2 of U.S. Patent No. 12101942 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1 and 16 claim more narrowly the limitations of claims 1 and of US 12101942 B2.
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.
Claim(s) 5 is/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 pre-AIA the applicant regards as the invention.
Claim(s) 5 recite(s) the language (emphasis added) “the concentration gradient of the fifth element is opposite the concentration gradient of the fourth element”, where --a concentration gradient of the fourth element-- has not been recited in claims 4, 3, and 1, and lack antecedent basis.
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, 3, 6-9, and 13-15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sei, US 20190252609 A1.
As to claim 1, Sei discloses a semiconductor device (see Fig 23) comprising:
a first electrode (see Fig 14 Ref 22); a second electrode (see Fig 14 Ref 21) separated from the first electrode; and a chalcogen compound layer (see Fig 14 Ref 52) arranged between the first electrode and the second electrode, wherein
the chalcogen compound layer includes a first element, a second element, a third element, and a fourth element (see Para [0126]), wherein
the first element includes one or more selected from the group consisting of germanium (Ge) and tin (Sn) (see Para [0126]), the second element includes one or more selected from the group consisting of sulfur(S), selenium (Se), and tellurium (Te) (see Para [0126]), and the fourth element includes one or more selected from the group consisting of boron (B), aluminum (AI), and scandium (Sc), manganese (Mn), strontium (Sr), and indium (In) (see Para [0126]).
As to claim 3, Sei discloses the semiconductor device of claim 1, wherein
the chalcogen compound layer further includes a fifth element including one or more selected from the group consisting of carbon (C), nitrogen (N), oxygen (O), phosphorus (P), and sulfur (S) (see Para [0126]).
As to claim 6, Sei discloses the semiconductor device of claim 1, further comprising:
a variable resistance layer (see Fig 6 Ref 31A); and the chalcogen compound layer is arranged to be electrically connected to the variable resistance layer (see Fig 6 Ref 31A).
As to claim 7, Sei discloses the semiconductor device of claim 6, further comprising:
a third electrode (see Fig 6 Ref 32), wherein the variable resistance layer is arranged between the second electrode and the third electrode.
As to claim 8, Sei discloses the semiconductor device of claim 7, wherein
the first electrode, the second electrode, and the third electrode each independently include one or more selected from the group consisting of carbon (C), titanium nitride (TiN), titanium silicon nitride (TiSiN), titanium carbon nitride (TiCN), and titanium carbon silicon nitride (TiCSiN), titanium aluminum nitride (TiAlN), tantalum (Ta), tantalum nitride (TaN), tungsten (W), and tungsten nitride (WN) (see Paras [0074], [0075], and Para [0096]).
As to claim 9, Sei discloses the semiconductor device of claim 6, wherein
the variable resistance layer includes a material capable of reversibly changing a phase between crystalline and amorphous according to temperature change (see Para [0078]).
As to claim 13, Sei discloses the semiconductor device of claim 6, wherein
the variable resistance layer includes a material capable of reversibly changing a magnitude of an electrical resistance according to an externally applied voltage (see Para [0071]).
As to claim 14, Sei discloses the semiconductor device of claim 13, wherein
the variable resistance layer includes an oxide of one or more metals selected from the group consisting of Ta, Zr, Ti, Hf, Mn, Y, Ni, Co, Zn, Nb, Cu, Fe, and Cr (see Para [0070]).
As to claim 15, Sei discloses the semiconductor device of claim 6, wherein
the variable resistance layer includes a material capable of reversibly changing a polarization state according to an externally applied voltage (see Para [0078]).
Claim(s) 16 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Tortorelli, US 20210043838 A1.
As to claim 16, Tortorelli a semiconductor device (see Tortorelli Fig 1) comprising:
a first electrode (see Tortorelli Fig 3 Ref 205-a); a second electrode (see Tortorelli Fig 3 Ref 210-a) separated from the first electrode; and a chalcogen compound layer (see Tortorelli Fig 3 Ref 220-a) arranged between the first electrode and the second electrode, wherein
the chalcogen compound layer includes a first element, a second element, a third element, and a fourth element (see Tortorelli Para [0049]), wherein
the fourth element includes one or more selected from the group consisting of boron (B), aluminum (Al), and scandium (Sc), manganese (Mn), strontium (Sr), and indium (In) (see Tortorelli Para [0050]), wherein
the fourth element has a concentration gradient in a thickness direction of the chalcogen compound layer (see Tortorelli Para [0050] and Fig 3).
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 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) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sei, US 20190252609 A1, in view of Tortorelli, US 20210043838 A1.
As to claim 2, Sei discloses the semiconductor device of claim 1, wherein
the fourth element is uniform in a thickness direction of the chalcogen compound layer.
Sei does not appear to explicitly disclose a concentration gradient in a thickness direction of the chalcogen compound layer.
Tortorelli discloses a concentration gradient in a thickness direction of the chalcogen compound layer (see Tortorelli Para [0050] and Fig 3).
It would have been obvious to one skilled in the art at the time of the effective filing of the invention that a semiconductor device, may implement a particular chemistry for phase change devices. The inventions are well known variants of selection devices for memory elements, and the combination of known inventions with predictable results is obvious and thus not patentable. Further evidence to the obviousness of their combination is Tortorelli’s attempt to enable self-selecting properties (see Tortorelli Para [0005]).
Claim(s) 10-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sei, US 20190252609 A1, in view of Redaelli, US 20200303463 A1.
As to claim 10, Sei discloses the semiconductor device of claim 9, wherein
the variable resistance layer includes phase change materials.
Sei does not appear to explicitly disclose includes a combined compound in which at least one of Te and Se is combined with at least one selected from the group consisting of Ge, Sb, Bi, Pb, Sn, Ag, As, S, Si, In, Ti, Ga, P, B, O, and C.
Redaelli discloses includes a combined compound in which at least one of Te and Se is combined with at least one selected from the group consisting of Ge, Sb, Bi, Pb, Sn, Ag, As, S, Si, In, Ti, Ga, P, B, O, and C (see Redaelli Para [0015]).
It would have been obvious to one skilled in the art at the time of the effective filing of the invention that a semiconductor device, may implement a particular chemistry for phase change devices. The inventions are well known variants of phase change storage devices, and the combination of known inventions with predictable results is obvious and thus not patentable. Further evidence to the obviousness of their combination is Redaelli’s attempt to enable multi-state programming (see Redaelli Para [0015]).
As to claim 11, Sei and Redaelli disclose the semiconductor device of claim 10, wherein
the variable resistance layer further includes one or more from the group consisting of aluminum (Al), zinc (Zn), chromium (Cr), manganese (Mn), iron (Fe), cobalt (Co), nickel (Ni), molybdenum (Mo), ruthenium (Ru), Palladium (Pd), hafnium (Hf), tantalum (Ta), iridium (Ir), platinum (Pt), zirconium (Zr), thallium (Tl), and polonium (Po) (see Redaelli Para [0015]).
As to claim 12, Sei and Redaelli disclose the semiconductor device of claim 9, further comprising:
a heating electrode layer arranged to contact the variable resistance layer (see Redaelli Fig 1 Ref 110 and Para [0022]; Joule heating is inherent to the disclosed electrodes.).
Allowable Subject Matter
Claim(s) 4 is/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.
Claim(s) 5 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include 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 does not appear to disclose (as recited in claim 4):
the fifth element has a concentration gradient in a thickness direction of the chalcogen compound layer.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Gong, US 20210225441 A1 discloses a material capable of reversibly changing a phase between crystalline and amorphous according to temperature change.
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/JEROME LEBOEUF/Primary Examiner, Art Unit 2824 - 03/05/2026