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 .
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.
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Claims 1-9 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-9 of U.S. Patent No. 12,127,413. Although the claims at issue are not identical, they are not patentably distinct from each other because the limitations recited in claims of the instant application are encompassed by claims of U.S. Patent No. 12,127,413.
Instant Application 18/885,727
Claim
U.S. Patent No. 12,127,413
Claim
1
1, 5
2
2
3
3
4
4
5
1, 5
6
6
7
7
8
8
9
9
Claims 1-9 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-9 of U.S. Patent No. 11,004,897 in view of Yu et al. (US 2019/0165260).
Regarding claim 1, Claim 1 of U.S. Patent No. 11,004,897 discloses a semiconductor device comprising:
a first magnetic tunneling junction (MTJ) and a second MTJ on a substrate;
a first ultra low-k (ULK) dielectric layer on the first MTJ and the second MTJ, wherein the first ULK dielectric layer comprises a first thickness;
a passivation layer on the first ULK dielectric layer, wherein the passivation layer between the first MTJ and the second MTJ; and
a second ULK dielectric layer on the passivation layer.
Claim 1 of U.S. Patent No. 11,004,897 does not disclose the first thickness is greater than the second thickness. However, Yu et al. disclose a device having a passivation layer (630) having a second thickness (T2), and a first ULK (620) having a first thickness (T1) on a first MTJ (stack on the left, 530,535,540,545) and a second MTJ (stack on the right, 530,353,540,545) having a first thickness, and the first thickness is greater than the second thickness. See Figures 1-17, and [0057], [0087] of Yu et al. Therefore, it would have been obvious to one of ordinary skills in the art at the time the invention was made to form device of U.S. Patent No. 11,004,897 having the first thickness is greater than the second thickness, such as taught by Yu et al. in order to further prevent the coupling capacitance between the first MTJ and the second MTJ.
Regarding claim 2, as similarly described above, Claim 1 of U.S. Patent No. 11,004,897 and Yu et al. disclose a bottom surface of the passivation layer between the first MTJ and the second MTJ is lower than a top surface of the first MTJ.
Regarding claim 3, as similarly described above, Claim 2 of U.S. Patent No. 11,004,897 and Yu et al. disclose a bottom surface of the passivation layer between the first MTJ and the second MTJ comprises a planar surface.
Regarding claim 4, as similarly described above, Claim 3 of U.S. Patent No. 11,004,897 and Yu et al. disclose a sidewall of the passivation layer between the first MTJ and the second MTJ comprises a planar surface.
Regarding claim 5, as similarly described above, Claim 1 of U.S. Patent No. 11,004,897 and Yu et al. disclose the passivation layer on top of the first MTJ comprises a third thickness.
Regarding claim 6, as similarly described above, Claim 1 of U.S. Patent No. 11,004,897 and Yu et al. disclose further comprising a first top electrode on the first MTJ and a second top electrode on the second MTJ.
Regarding claim 7, as similarly described above, Claim 5 of U.S. Patent No. 11,004,897 and Yu et al. disclose further comprising a first spacer around the first MTJ and a second spacer around the second MTJ.
Regarding claim 8, as similarly described above, Claim 6 of U.S. Patent No. 11,004,897 and Yu et al. disclose a top surface of the first spacer is lower than a top surface of the first top electrode.
Regarding claim 9, as similarly described above, Claim 7. of U.S. Patent No. 11,004,897 and Yu et al. disclose a top surface of the second spacer is lower than a top surface of the second top electrode.
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) 1-6 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yu et al. (US 2019/0165260).
Yu et al. discloses, as shown in Figures 1-15, a semiconductor device comprising:
a first magnetic tunneling junction (MTJ) (stack on the left, 530,535,540,545) and a second MTJ (stack on the right, 530,535,540,545) on a substrate (201, not shown, [0095]);
a first ultra low-k (ULK) dielectric layer (620, (SiON, SiCN, or SiOCN, [0055],[0085]) on the first MTJ and the second MTJ, wherein the first ULK dielectric layer comprises a first thickness (T1);
a passivation layer (630) on the first ULK dielectric layer, wherein the passivation layer between the first MTJ and the second MTJ comprises a second thickness (T2) and the first thickness (T1) is greater than the second thickness (T2) ([0057],[0087]); and
a second ULK dielectric layer (640, [0063],[0087]) on the passivation layer.
It is noted that the SiON, SiCN, or SiOCN layer can be read as the ultra low-k dielectric layer because the claim does not define how low is low.
Regarding claim 2, Yu et al. disclose a bottom surface of the passivation layer between the first MTJ and the second MTJ is lower than a top surface of the first MTJ.
Regarding claim 3, Yu et al. disclose a bottom surface of the passivation layer between the first MTJ and the second MTJ comprises a planar surface.
Regarding claim 4, Yu et al. disclose a sidewall of the passivation layer between the first MTJ and the second MTJ comprises a planar surface.
Regarding claim 5, Yu et al. disclose the passivation layer on top of the first MTJ comprises a third thickness (Figures).
Regarding claim 6, Yu et al. disclose further comprising a first top electrode (555) on the first MTJ and a second top electrode (555) on the second MTJ.
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.
Claim(s) 7-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yu et al. (US 2019/0165260) in view of Chen et al. (PN 10,163,651).
Regarding claim 7, Yu et al. discloses the claimed invention including the semiconductor device as explained in the above rejection. Yu et al. does not disclose a first spacer around the first MTJ and a second spacer around the second MTJ. However, Chen et al. discloses a semiconductor device comprising a first spacer (126) around a first MTJ (116) and a second spacer (126) around a second MTJ (116). Note Figures of Chen et al. Therefore, it would have been obvious to one of ordinary skills in the art at the time the invention was made to form the device of Yu et al having a first spacer around the first MTJ and a second spacer around the second MTJ, such as taught by Chen et al. in order to protect the bottom electrode, the MTJ, and the top electrode from shortage.
Regarding claim 8, Yu et al. and Chen disclose a top surface of the first spacer (126) is lower than a top surface of the first top electrode (118) [Figure 1].
Regarding claim 9, Yu et al. and Chen disclose a top surface of the second spacer (126) is lower than a top surface of the second top electrode (118) [Figure 1].
Conclusion
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/HUNG K VU/ Primary Examiner, Art Unit 2897
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