Prosecution Insights
Last updated: May 29, 2026
Application No. 18/866,738

CONFIGURABLE-PERFORMANCE RESISTIVE MEMORY AND ASSOCIATED METHODS

Non-Final OA §102§112
Filed
Nov 18, 2024
Priority
May 16, 2022 — FR 2204617 +1 more
Examiner
ALROBAIE, KHAMDAN N
Art Unit
2824
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
COMMISSARIAT À L'ÉNERGIE ATOMIQUE ET AUX ÉNERGIES ALTERNATIVES
OA Round
1 (Non-Final)
86%
Grant Probability
Favorable
1-2
OA Rounds
8m
Est. Remaining
89%
With Interview

Examiner Intelligence

Grants 86% — above average
86%
Career Allowance Rate
556 granted / 646 resolved
+18.1% vs TC avg
Minimal +3% lift
Without
With
+2.7%
Interview Lift
resolved cases with interview
Typical timeline
2y 2m
Avg Prosecution
23 currently pending
Career history
669
Total Applications
across all art units

Statute-Specific Performance

§101
3.4%
-36.6% vs TC avg
§103
59.2%
+19.2% vs TC avg
§102
18.2%
-21.8% vs TC avg
§112
10.7%
-29.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 646 resolved cases

Office Action

§102 §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 . Information Disclosure Statement The information disclosure statement (IDS) submitted on 11/18/2024 and 12/03/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. Priority Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). 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 13-14 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 13 recites “a first layer and a second layer” in line 3. However, it is not clear whether these layers are the same or different than the one recited in claim 1. Therefore, the claim is indefinite. Claim 13 recites “a second phase change material comprising titanium” in line 10. However, it is not clear whether the second phase change material in claim 13 is the same or different from the one in claim 11. Therefore, the claim is indefinite. 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. Claim(s) 1-10 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Asano et al. (US 2007/0164267 A1). Regarding claim 1, Asano teaches a resistive memory comprising: at least one first layer, comprising a titanium-based material, said titanium-based material being conductive (Fig. 10, intermixing layer 21, see ¶0084); at least one second layer extending over said at least one first layer, comprising a first phase change material, said first phase change material being able to be doped with titanium (Fig. 10, second layer 13 comprises a phase change material. The limitation “first phase change material being able to be doped with titanium” does not require the phase change material to be doped by titanium, but only requires the phase change material to be capable of being doped with titanium. In this case, the phase change material is capable of being doped with titanium); a first electrode and a second electrode, the first and second layers separating the first electrode from the second electrode by electrically connecting in series the first electrode to the second electrode, the first electrode being in contact with said at least one first layer or, when there are several first layers, in contact with one of the first layers (Fig. 10, top electrode 15 and bottom electrode 12). Regarding claim 2, Asano further teaches the resistive memory according to claim 1, wherein the titanium-based material of each first layer comprises a first element, forming carrier element, which is neutral with respect to switching properties of the first phase change material (¶0083). Regarding claim 3, Asano further teaches the resistive memory according to claim 1, wherein the titanium-based material is to be selected from TiTe, TiGe and TiSb (titanium-tellurium alloy (TiTe), see ¶0086). Regarding claim 4, Asano further teaches the resistive memory according to claim 1, wherein the thickness of each second layer is greater than the thickness of each first layer (Fig. 10, thickness for layer 13 is greater than thickness for layer 13). Regarding claim 5, Asano further teaches the resistive memory according to claim 1, one of the preceding claims, wherein the titanium-based material of each first layer comprises impurities capable of influencing electronic properties of the first phase change material (Adding intermediate layer 21 can influence electronic properties of the phase change material such as changes to the electrical resistance). Regarding claim 6, Asano further teaches the resistive memory according to claim 1, wherein the titanium-based material has a resistivity of less than 1000 µΩ·cm (¶0046). Regarding claim 7, Asano further teaches the resistive memory according to claim 1, wherein the titanium-based material comprises a titanium concentration such that heat treatment of said titanium-based material at a temperature less than or equal to 400°C modifies its resistivity by less than 70% (Intermediate layer 21 has higher electrical resistance than the recording layer 12, which can handle higher heat than the recording layer, see ¶0083). Regarding claim 8, Asano further teaches the resistive memory according to claim 1, wherein the first phase change material is a ternary alloy comprising germanium, antimony, tellurium, gallium or selenium (¶0041). Regarding claim 9, Asano further teaches the resistive memory according to claim 1, wherein each of the first and second layers has a melting temperature in the range [400°C; 1000°C] (it is inherent the phase change memory has a melting temperature above 400 o C for the amorphous state). Regarding claim 10, Asano further teaches the resistive memory according to claim 1, wherein at least one part of the titanium-based material of each first layer over its entire thickness and at least one part of the first phase change material of each second layer are fused together to form, from the first phase change material and the titanium-based material, a second phase change material comprising titanium (Fig. 10, first layer 21 and second layer 13 are fused together. The combination for layer 21 and 13 together can be labeled as a second phase change material). Allowable Subject Matter Claims 1-14 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: After further search and consideration it is determined that the prior art of record neither anticipated nor renders obvious the claimed subject matter of the instant application as a whole either taken alone or in combination, in particular, prior art of record does not teach, the following limitation(s) in combination with the remaining claimed limitation: a step of circulating an electric current, referred to as forming an initialisation current, in each of the first and second layers, the initialisation current being adapted to generate a temperature gradient within said first and second layers involving melting of at least one part of the titanium-based material of each first layer over its entire thickness and at least part of the first phase change material of each second layer, said melting resulting in forming, from the first phase change material and the titanium-based material, a second phase change material comprising titanium. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to KHAMDAN N ALROBAIE whose telephone number is (571)270-7099. The examiner can normally be reached Monday to Thursday (8AM till 6PM). 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, Richard Elms can be reached at (571) 272-1869. 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. /Khamdan N. Alrobaie/Primary Examiner, Art Unit 2824
Read full office action

Prosecution Timeline

Nov 18, 2024
Application Filed
Apr 29, 2026
Non-Final Rejection mailed — §102, §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
86%
Grant Probability
89%
With Interview (+2.7%)
2y 2m (~8m remaining)
Median Time to Grant
Low
PTA Risk
Based on 646 resolved cases by this examiner. Grant probability derived from career allowance rate.

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