DETAILED ACTION
Reissue
The present reissue application is directed to US 10,622,554 B2 (“554 Patent”). 554 Patent issued on April 14, 2020 with claims 1-20 from application 16/419,165 filed on May 22, 2019, which is a continuation of application 16/230,031, which is a continuation of application 15/941,153, which is a continuation of application 15/400,889, which is a continuation of application 14/219,532, which is a division of application 14/860,657, which is a division of application 13/158,171 filed on June 10, 2011.
This application was filed on January 28, 2025. Since this date is after September 16, 2012, all references to 35 U.S.C. 251 and 37 CFR 1.172, 1.175, and 3.73 are to the current provisions. Furthermore, the present application is being examined under the pre-AIA first to invent provisions.
This application is a continuation reissue of reissue application 17/658,470 (now US RE50,331 E).
This application presents broadened claims, which are permitted because Applicant filed these claims and demonstrated an intent to broaden within two years of the issue date of 554 Patent (see claims filed on April 8, 2022 in parent reissue application 17/658,470).
The most recent amendment was filed on June 23, 2026. The status of the claims is:
Claims 1-20: Canceled
Claims 21-40: New
This is a FINAL action.
References and Documents Cited in this Action
554 Patent (US 10,622,554 B2)
Wang (US 2010/0195380 A1)
Hosotani (US 2006/0221680 A1)
Response (Applicant’s response filed on June 23, 2026)
Summary of Rejections and Objections in this Action
Claims 21-40 are rejected as being based upon a defective reissue declaration under 35 U.S.C. 251.
Summary of the Claims
554 Patent is directed to a magnetoresistive element including a fixed magnetic layer and a free magnetic layer. Claim 28 is representative:
28. A magnetoresistive device, comprising:
a free magnetic layer including a first surface and a second surface;
a conductor positioned proximate the first surface of the free magnetic layer;
a fixed magnetic layer positioned proximate the second surface of the free magnetic layer;
a first intermediate layer positioned between the conductor and the first surface of the free magnetic layer; and
a second intermediate layer positioned between the fixed magnetic layer and the second surface of the free magnetic layer; and
wherein the free magnetic layer includes at least one middle layer comprising a non-ferromagnetic transition metal positioned between a first ferromagnetic layer and a second ferromagnetic layer of the free magnetic layer.
Claims 21, 28, and 35 are the independent claims. Claim 21 further recites dielectric layers. Claim 35 further recites a free magnetic layer with perpendicular magnetic anisotropy.
Oath/Declaration
The reissue oath/declaration filed with this application is defective (see 37 CFR 1.175 and MPEP § 1414) because of the following:
The declaration is a copy of the one filed in prior reissue 17/658,470. The statement of error in this declaration describes an error in 554 Patent that was already corrected by 17/658,470 (now US RE50,331 E). The declaration in the present reissue application must identify a new error; or if the same error corrected in the parent is also being corrected in the continuation reissue application, but the error is being corrected in a different way, a statement is needed to explain compliance with 37 CFR 1.175(f)(2) for a reissue application filed on or after September 16, 2012. For example, Applicant should explain how a same error is being corrected in a different way in this reissue application.
Applicant must file a new declaration (rather than merely correct the error statement in remarks) as no proper declaration has been yet entered in this application.
Claim Rejections - 35 USC § 251
Claims 21-40 are rejected as being based upon a defective reissue declaration under 35 U.S.C. 251 as set forth above. See 37 CFR 1.175.
The nature of the defect(s) in the declaration is set forth in the discussion above in this Office action.
Response to Arguments and Allowable Subject Matter
Applicant’s Response has been fully considered and is persuasive with respect to the rejections over Wang alone and Wang in view of Hosotani in view of the claim amendment. Examiner withdraws the 35 U.S.C. 102(a)(1) and 35 U.S.C. 103 rejections.
The terminal disclaimer filed on June 23, 2026 has overcome the double patenting rejections.
However, Applicant has not yet filed a new reissue declaration, and Examiner maintains the 35 U.S.C. 251 rejection of claims 21-40 as being based upon a defective reissue declaration.
Claims 21-40 would be allowable if Applicant overcomes the rejection under 35 U.S.C. 251 set forth in this Office action. The prior art does not specifically disclose or fairly suggest a magnetoresistive device including the combination of all of the elements, steps, and limitations recited in claims 21-40 (including all of the limitations of any respective parent claims), particularly including:
a middle layer comprising a non-ferromagnetic transition metal positioned between the first side and the second side of the free magnetic layer (e.g., claim 21);
a free magnetic layer including at least one middle layer comprising a non-ferromagnetic transition metal positioned between a first ferromagnetic layer and a second ferromagnetic layer of the free magnetic layer (e.g., claim 28); or
a free magnetic layer with perpendicular magnetic anisotropy, the free magnetic layer including alternating layers of (i) middle layers comprising a non-ferromagnetic transition metal and (ii) ferromagnetic layers; (e.g., claim 35).
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Applicant is reminded of the continuing obligation under 37 CFR 1.178(b), to timely apprise the Office of any prior or concurrent proceeding in which this reissue application is or was involved. These proceedings would include interferences, reissues, reexaminations, and litigation. Applicant is further reminded of the continuing obligation under 37 CFR 1.56, to timely apprise the Office of any information which is material to patentability of the claims under consideration in this reissue application. These obligations rest with each individual associated with the filing and prosecution of this application for reissue. See also MPEP §§ 1404, 1442.01 and 1442.04.
Applicant is notified that any subsequent amendment to the specification and/or claims must comply with 37 CFR 1.173(b).
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 https://www.uspto.gov/patents/laws/interview-practice.
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.
Any inquiry concerning this communication or earlier communications from the examiner, or as to the status of this proceeding, should be directed to Examiner Christina Leung at telephone number (571) 272-3023; the Examiner’s supervisor, SPE Patricia Engle at (571) 272-6660; or the Central Reexamination Unit at (571) 272-7705.
/CHRISTINA Y. LEUNG/Primary Examiner, Art Unit 3991
Conferees:
/DEANDRA M HUGHES/Reexamination Specialist, Art Unit 3992
/Patricia L Engle/SPRS, Art Unit 3991
Prosecution Insights