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 . 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 (i.e., changing from AIA to pre-AIA ) 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.
Information Disclosure Statement
The information disclosure statements submitted on 11 July 2025 and
03 December 2025 are in compliance with the provisions of 37 CFR 1.97 and
37 CFR 1.98. Accordingly, the information disclosure statements have been
considered by the examiner.
Drawings
The drawings were received on 11 March 2025. These drawings are accepted.
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 1-14 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.
a. In line 8 of claim 1, “disposing a barrier layer deposited between the free layer and the pin layer” is indefinite as it is awkward and implies that the barrier layer is further disposed after being deposited.
b. Claims 2-8 inherit the indefiniteness associated with independent claim 1 and stand rejected as well.
c. In lines 4-5 of claim 9, “the metallic alloy” is indefinite because it lacks clear and/or positive antecedent basis.
d. In line 7 of claim 9, “the co-sputtering process” is indefinite because it lacks clear and/or positive antecedent basis.
e. In line 3 of claim 10, “the metallic alloy” is indefinite because it lacks clear and/or positive antecedent basis.
f. Claims 11-13 inherit the indefiniteness associated with their respective base claim(s) and stand rejected as well.
g. In line 3 of claim 14, “the metallic alloy” is indefinite because it lacks clear and/or positive antecedent basis.
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 1-14 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 3-11 of U.S. Patent No. 12,266,384. Although the claims at issue are not identical, they are not patentably distinct from each other because pending claims 1-14 are anticipated by patented claims 3-11 of U.S. Patent No. 12,266,384 as follows:
With respect to pending claim 1, U.S. Patent No. 12,266,384 claims a method for manufacturing a tunnel magnetoresistance (TMR) element, the method comprising: providing a free layer (lines 1-3 of patented claim 3); doping the free layer using a dopant element comprising hafnium (Hf) or Tantalum (Ta) via a co-sputtering process that adjusts a composition of the dopant element by adjusting a co-sputtering power ratio between the free layer and the dopant element (lines 4-9 of patented claim 3, i.e., “hafnium (Hf)”); providing a pin layer (line 13 of patented claim 3); and disposing a barrier layer deposited between the free layer and the pin layer (lines 14-15 of patented claim 3).
With respect to pending claim 2, U.S. Patent No. 12,266,384 claims wherein the free layer comprises a cobalt-iron (CoFe) alloy (lines 3-4 of patented claim 3).
With respect to pending claim 3, U.S. Patent No. 12,266,384 claims wherein an adjusted composition of the dopant element via the co-sputtering process comprises an atomic weight of the free layer comprising (CoFe-25 at%)-Hf or (CoFe-25 at%)-Ta (lines 9-12 of patented claim 3, i.e., “(CoFe-25 at%)-Hf”).
With respect to pending claim 4, U.S. Patent No. 12,266,384 claims wherein a resistance of the TMR element is modified based on an application of an external magnetic field to the free layer and the pin layer (lines 15-17 of patented claim 3).
With respect to pending claim 5, U.S. Patent No. 12,266,384 claims wherein the composition of the dopant element comprises an atomic percentage (at%) of between 0 and 20 percent (lines 1-3 of patented claim 4).
With respect to pending claim 6, U.S. Patent No. 12,266,384 claims wherein the barrier layer comprises any of a magnesium oxide (MgO), aluminum oxide (AlOx), titanium oxide (TiOx), and zinc oxide (ZnOx) (lines 1-4 of patented claim 5).
With respect to pending claim 7, U.S. Patent No. 12,266,384 claims wherein the pin layer comprises a metallic layer comprising CoFe and a dopant element comprising Hf to generate a CoFeHf alloy (lines 1-4 of patented claim 6).
With respect to pending claim 8, U.S. Patent No. 12,266,384 claims wherein the pin layer comprises a metallic layer comprising CoFe and a dopant element comprising Ta to generate a CoFeTa alloy (lines 1-4 of patented claim 7).
With respect to pending claim 9, U.S. Patent No. 12,266,384 claims a method comprising: depositing a barrier layer on a pin layer (lines 1-3 of patented claim 10, or lines 13-15 of patented claim 3); depositing a free layer on the barrier layer (line 4 of patented claim 10, or lines 3 and 14-15 of patented claim 3); and doping the free layer with a dopant element to modify the free layer (lines 6-7 of patented claim 10, or lines 4-9 of patented claim 3), wherein the metallic alloy comprises a cobalt-iron (CoFe) alloy (lines 10-11 of patented claim 10, or lines 3-4 of patented claim 3) and wherein the dopant element comprises hafnium (Hf) to generate a free CoFeHf alloy or tantalum (Ta) to generate a CoFeTa alloy (lines 12-14 of patented claim 10, i.e., “hafnium (Hf) to generate a free CoFeHf alloy or tantalum (Ta) to generate a CoFeTa alloy”, or lines 4-6 of patented claim 3, i.e., “hafnium (Hf) to generate a CoFeHf alloy”), wherein an adjusted composition of the dopant element via the co-sputtering process comprises an atomic weight of the free layer comprising (CoFe-25 at%)-Hf or (CoFe-25 at%)-Ta (lines 14-17 of patented claim 10, i.e., “(CoFe-25 at%)-Hf or (CoFe-25 at%)-Ta”, or lines 9-12 of patented claim 3, i.e., “(CoFe-25 at%)-Hf”).
With respect to pending claim 10, U.S. Patent No. 12,266,384 claims wherein the doping of the free layer is performed via a co-sputtering process that adjusts a composition of the dopant element by adjusting a co-sputtering power ratio between the metallic alloy and the dopant element (lines 7-10 of patented claim 10, or lines 6-9 of patented claim 3).
With respect to pending claim 11, U.S. Patent No. 12,266,384 claims wherein the barrier layer comprises any of a magnesium oxide (MgO), aluminum oxide (AlOx), titanium oxide (TiOx), and zinc oxide (ZnOx) (lines 1-4 of patented claim 11, or lines 1-4 of patented claim 5).
With respect to pending claim 12, U.S. Patent No. 12,266,384 claims the method further comprising: doping the pin layer comprising a metallic layer comprising CoFe and a dopant element comprising any of: Hf to generate a pin layer comprising a CoFeHf alloy or Ta to generate a pin layer comprising a CoFeTa alloy (lines 1-5 of patented claim 12).
With respect to pending claim 13, U.S. Patent No. 12,266,384 claims 1wherein the free layer comprises a magnetic flux ranging between 2.29 and 2.42 nano-Weber (nWb), a magnetic coercivity ranging between 3 and 3.66 Oersted (Oe), and an anisotropy field ranging between 32.1 and 33.1 Oe (lines 1-5 of patented claim 8).
With respect to pending claim 14, U.S. Patent No. 12,266,384 claims wherein the co-sputtering process modifies the magnetic flux, magnetic coercivity, and the anisotropy field by adjusting the co-sputtering power ratio between the metallic alloy and the dopant element (lines 1-4 of patented claim 9).
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.
Claims 1, 2 and 4-8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Jan et al. (US 2013/0221460).
Jan et al. (US 2013/0221460) teach a method for manufacturing a tunnel magnetoresistance (TMR) element (see FIG. 2, for instance), the method comprising providing a free layer (36, see paragraph [0032], for instance, i.e., “free layer 36,” which includes layers 33-35, as shown in FIG. 2, for instance); doping the free layer using a dopant element (see paragraph [0013], for instance, i.e., “one or more glassing agents are codeposited or ‘doped’ into the free layer”) comprising hafnium (Hf) or Tantalum (Ta) (see paragraph [0013], for instance, i.e., “one or more glassing agents such as… Ta,… Hf,… in a concentration of 1% to 30% of the ferromagnetic free layer”) via a co-sputtering process that adjusts a composition of the dopant element by adjusting a co-sputtering power ratio between the free layer and the dopant element (see paragraph [0038], for instance, i.e., “glassing agent as described previously may be co-sputtered with a ferromagnetic alloy of one or more of Co, Fe, and Ni… to give a middle layer 34 with a CoFeG… composition” ); providing a pin layer (31, see paragraph [0032], for instance, i.e., “pinned magnetic layer 31”); and disposing a barrier layer (32, see paragraph [0032], for instance, i.e., “barrier layer 32”) deposited between the free layer and the pin layer (as shown in FIG. 2, for instance) [as per claim 1]; wherein the free layer comprises a cobalt-iron (CoFe) alloy (see paragraph [0038], for instance, i.e., “a ferromagnetic alloy of one or more of Co, Fe, and Ni”) [as per claim 2]; wherein a resistance of the TMR element is modified based on an application of an external magnetic field to the free layer and the pin layer (inherently as the tunnel magnetoresistance element of Jan et al. (US 2013/0221460) is structurally no different from that set forth in the claim) [as per claim 4]; wherein the composition of the dopant element comprises an atomic percentage (at%) of between 0 and 20 percent (see paragraph [0034], for instance, i.e., “a glassing agent (G)… in a concentration of 1% to 30%” includes values within the claimed range) [as per claim 5]; wherein the barrier layer comprises any of a magnesium oxide, aluminum oxide, titanium oxide, and zinc oxide (see paragraph [0033], for instance, i.e., “tunnel barrier 32 may be made of MgO… In an alternative embodiment, the tunnel barrier layer is made of an oxide… of one or more of… Ti,… Al,… Zn”) [as per claim 6]; wherein the pin layer (40, which includes layers 41-43, see alternative embodiment of FIG. 6, for instance) comprises a metallic layer comprising CoFe (see paragraph [0046], for instance, i.e., “a ferromagnetic alloy of one or more of Co, Fe, and Ni”) and a dopant element comprising Hf (see paragraph [0034], for instance, i.e., “glassing agent (G) such… Hf”) to generate a CoFeHf alloy (see paragraph [0046], for instance, i.e., “a glassing agent G as described previously may be co-sputtered with a ferromagnetic alloy of one or more of Co, Fe, and Ni… to give a middle layer 42 with a CoFeG… composition”) [as per claim 7]; wherein the pin layer (40, which includes layers 41-43, see alternative embodiment of FIG. 6, for instance) comprises a metallic layer comprising CoFe (see paragraph [0046], for instance, i.e., “a ferromagnetic alloy of one or more of Co, Fe, and Ni”) and a dopant element comprising Ta (see paragraph [0034], for instance, i.e., “glassing agent (G) such… Ta”) to generate a CoFeTa alloy (see paragraph [0046], for instance, i.e., “a glassing agent G as described previously may be co-sputtered with a ferromagnetic alloy of one or more of Co, Fe, and Ni… to give a middle layer 42 with a CoFeG… composition”) [as per claim 8].
Claim Considerations - 35 USC § 103
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Pertinent Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. This includes Jan et al. (US 2013/0221459), which teach a method for manufacturing a tunnel magnetoresistance (TMR) element (see FIG. 2, for instance), the method comprising providing a free layer (36, see paragraph [0032], for instance, i.e., “free layer 36,” which includes layers 33-35, as shown in FIG. 2, for instance); doping the free layer using a dopant element (see paragraph [0013], for instance, i.e., “one or more glassing agents are codeposited or ‘doped’ into the free layer”) comprising hafnium (Hf) or Tantalum (Ta) (see paragraph [0013], for instance, i.e., “one or more glassing agents such as… Ta,… Hf,… in a concentration of 1% to 30% of the ferromagnetic free layer”) via a co-sputtering process that adjusts a composition of the dopant element by adjusting a co-sputtering power ratio between the free layer and the dopant element (see paragraph [0038], for instance, i.e., “glassing agent as described previously may be co-sputtered with a ferromagnetic alloy of one or more of Co, Fe, and Ni… to give a middle layer 34 with a CoFeG… composition” ); providing a pin layer (31, see paragraph [0032], for instance, i.e., “pinned magnetic layer 31”); and disposing a barrier layer (32, see paragraph [0032], for instance, i.e., “barrier layer 32”) deposited between the free layer and the pin layer (as shown in FIG. 2, for instance).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Craig A. Renner whose telephone number is (571) 272-7580. The examiner can normally be reached Monday-Friday 9:00 AM - 7:30 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Steven Lim can be reached on (571) 270-1210. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CRAIG A. RENNER/Primary Examiner, Art Unit 2688