3 __-., ?_,.0 ‘- 0/é
`
`IE’
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`” A
`
`,
`
`In re the Application of: DAVID N. LAMBETH
`
`Serial No.: 10/415,757
`'
`
`Filed: April 30, 2003
`
`Group Art Unit: 1773
`
`Examiner: Holly C. Rickman
`
`A
`
`1
`
`For: MAGNETIC MATERIAL STRUCTURES, DEVICES AND METHODS
`
`AMENDMENT UNDER 37 CFR 1.111
`
`Mail Stop: Amendment
`
`Commissioner for Patents
`
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`Sir:
`
`March 17, 2006
`
`In response to the Office Action dated December 19, 2005, please amend the above— i
`
`identified application as follows:
`
`TDK Corporation.
`
`Exhibit 1004
`
`Page 1
`
`TDK Corporation Exhibit 1004 Page 1
`
`
`
`IE’
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`” A
`
`,
`
`In re the Application of: DAVID N. LAMBETH
`
`Serial No.: 10/415,757
`'
`
`Filed: April 30, 2003
`
`Group Art Unit: 1773
`
`Examiner: Holly C. Rickman
`
`A
`
`1
`
`For: MAGNETIC MATERIAL STRUCTURES, DEVICES AND METHODS
`
`AMENDMENT UNDER 37 CFR 1.111
`
`Mail Stop: Amendment
`
`Commissioner for Patents
`
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`Sir:
`
`March 17, 2006
`
`In response to the Office Action dated December 19, 2005, please amend the above— i
`
`identified application as follows:
`
`TDK Corporation.
`
`Exhibit 1004
`
`Page 1
`
`TDK Corporation Exhibit 1004 Page 1
`
`
`
`
`
`CERTIFICATE OF MAILING
`
`Express Mail Label No. EV 364696471 US
`
`I hereby certify that, on March 17, 2006, the attached Amendment under 37 CFR
`1.111 was deposited with the United States Postal Service as Express Mail utilizing the
`Express Mail Post Office to Addressee Service, postage pre—paid, addressed to:
`
`Mail Stop Amendment
`Commissioner for Patents
`
`P.O. Box 1450
`
`Alexandria, VA 22313-1450
`
`cg g 4 A
`
`.~
`
`(Signature)
`
`Barbara A. Konopski
`
`March 17, 2006
`
`TDK Corporation
`
`Exhibit 1004
`
`Page 2
`
`TDK Corporation Exhibit 1004 Page 2
`
`
`
`In the Claims:
`
`Please amend Claim 157, as follows:
`
`4
`
`1-1 17 (Canceled)
`
`118.
`
`(Previously Presented): A magnetic material structure comprising:
`
`a substrate;
`
`at least one bcc-d layer which is magnetic, forming a uniaxial symmetry broken structure;
`
`and
`
`at least one layer providing a (111) textured hexagonal atomic template disposed between
`
`said substrate and said bcc-d layer.
`
`119.
`
`(Previously Presented): The magnetic material structure recited in claim 118, wherein
`
`said substrate is single crystal.
`
`120.
`
`(Previously Presented): The magnetic material structure recited in claim 118, wherein a
`
`surface of said substrate is amorphous or polycrystalline.
`
`121.
`
`(Previously Presented): The magnetic material structure recited in claim 118, further
`
`comprising an amorphous layer on said substrate formed from an alloy of NiP, CrxTa1-x,
`
`CrxNb1-x, FexTa1-x, or FexNb1-x and 55<x<75.
`
`122.
`
`(Previously Presented): The magnetic material structure recited in claim 121, wherein
`
`said amorphous layer is formed and the surface of the said amorphous layer is then oxidized.
`
`123.
`
`(Previously Presented): The magnetic material structure recited in claim 118, wherein
`
`the layer providing said hexagonal atomic template is formed from a fcc-d or hcp crystalline
`
`material.
`
`124.
`
`(Previously Presented): The magnetic material structure recited in claim 118, wherein
`
`the layer providing said hexagonal atomic template is magnetic.
`
`TDK Corporation
`
`Exhibit 1004
`
`Page 3
`
`TDK Corporation Exhibit 1004 Page 3
`
`
`
`125.
`
`(Previously Presented): The magnetic material structure recited in claim 118, wherein
`
`said bcc-d layer is epitaxially grown on said (111) textured hexagonal atomic template and has a
`
`(110) crystalline texture, and at least one crystalline grain of said (111) textured hexagonal
`
`atomic template has epitaxially grown thereon at least two and not more than four dominate
`(1 10) orientational variants.
`(
`
`126.
`
`(Previously Presented): The magnetic material structure according to claim 118, further
`
`comprising:
`
`a second layer providing a (111) textured hexagonal atomic template, wherein said
`
`second layer is magnetic.
`
`127.
`
`(Previously Presented): The magnetic material structure according to claim 118, further
`
`comprising:
`
`a second bcc-d layer which is non-magnetic.
`
`128.
`
`(Previously Presented): The magnetic material structure according to claim 118, further
`
`comprising:
`
`a second bcc-d layer which is magnetic.
`
`129.
`
`(Previously Presented): The magnetic material structure according to claim 118, further
`
`comprising:
`a second bcc-d layer wherein the crystalline orientation of the second bcc-d layer is
`
`epitaxially determined by said bcc-d layer.
`
`130.
`
`(Previously Presented): The magnetic material structure according to claim 118, further
`
`comprising:
`
`a second bcc-d layer; and
`
`a second layer providing a (111) textured hexagonal atomic template wherein said second
`
`layer providing a (111) textured hexagonal atomic template is disposed between said bcc-d
`
`layers.
`
`TDK Corporation
`
`Exhibit 1004
`
`Page 4
`
`TDK Corporation Exhibit 1004 Page 4
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`
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`131.
`
`(Previously Presented): The magnetic material structure according to claim 118, further
`
`comprising:
`
`a second bcc-d layer, which is magnetic; and
`
`at least one oxide layer between said bcc-d layers.
`
`132.
`
`(Previously Presented): The magnetic material structure according to claim 118, further
`
`comprising:
`
`a second and a third bcc-d layers which are non-magnetic;
`
`a fourth bcc-d layer which is magnetic; and
`
`at
`
`least one oxide layer between said second bcc-d layer and said third bcc-d layer
`
`wherein said second and third bcc-d layers are disposed between said first and fourth bcc-d
`
`layers.
`
`133.
`
`(Previously Presented): The magnetic material structure according to claim 118, further
`
`comprising:
`
`a second bcc-d layer which is magnetic;
`
`a second (111) textured hexagonal atomic template layer between said bcc-d layers; and
`
`at least one oxide layer between said bcc-d layers.
`
`134.
`
`(Previously Presented): The magnetic material structure recited in claim 118, wherein
`
`said bcc-d layer forming a uniaxial symmetry broken structure is composed of Fe or FeCo or an
`
`alloy of Fe or FeCo.
`
`135.
`
`(Previously Presented): The magnetic material structure recited in claim 118, wherein
`
`said bcc-d layer forming a uniaxial symmetry broken structure is composed of an alloy of Fe or
`
`FeCo having one or more of the elements Al, B, Cr, C, Cu, Ni, N, Nb, Mo, V, Si, Ta, and Ti.
`
`136.
`
`(Previously Presented): The magnetic material structure recited in claim 118, wherein
`
`the layer material forming said (111) textured hexagonal atomic template is composed of Ag, A1,
`
`TDK Corporation
`
`Exhibit 1004
`
`Page 5
`
`TDK Corporation Exhibit 1004 Page 5
`
`
`
`Au, Cu, fcc-Co, fcc-CoCr, Ir, Ni, NiFe, Pt, Rh, Pd, hcp-Co, Gd, Re Ru, Tb, Ti, or alloys of one
`
`of these materials combined with at least one element.
`
`137.
`
`(Previously Presented): The magnetic material structure according to claim 118, further
`
`comprising:
`
`a second bcc-d layer which is magnetic; wherein the bcc-d layers have anisotropy energy
`
`density constants of opposite sign.
`
`138.
`
`(Previously Presented): The magnetic material structure according to claim 118, further
`
`comprising:
`
`a coupling layer; and
`
`a
`
`second bcc-d layer which is magnetic wherein the coupling layer material
`
`antiferromagnetically couples the bcc-d layers.
`
`139.
`
`(Previously Presented): The magnetic material structure according to claim 118, further
`
`comprising:
`
`a second bcc-d layer which is magnetic; and
`
`a third bcc-d layer disposed between the bcc-d layers which are magnetic.
`
`140.
`
`(Previously Presented): The magnetic material structure according to claim 118, further
`
`comprising:
`
`a second bcc-d layer which is magnetic; and
`
`a second (111) textured hexagonal atomic template layer wherein said second (111)
`
`textured hexagonal atomic template is disposed between said bcc-d layers.
`
`141.
`
`(Previously Presented): The magnetic material structure according to claim 118, further
`
`comprising:
`
`at least one magnetic hcp Co alloy layer.
`
`142.
`
`(Previously Presented): The magnetic material structure according to claim 118, further
`
`comprising:
`
`TDK Corporation
`
`Exhibit 1004
`
`Page 6
`
`TDK Corporation Exhibit 1004 Page 6
`
`
`
`at
`
`least one magnetic hcp Co alloy layer; wherein said hcp Co alloy has a (1011)
`
`crystalline texture.
`
`143.
`
`(Previously Presented):
`
`The magnetic material structure according to claim 118,
`
`wherein:
`
`said substrate is a (111) crystalline textured single crystal; and
`
`a surface of said single crystal provides a layer providing the (111) textured hexagonal
`
`atomic template disposed between the bulk of said substrate and said at least one bcc-d layer.
`
`144.
`
`(Previously Presented): A magnetic device having incorporated therein a magnetic
`
`material structure comprising:
`
`a substrate;
`
`at least one bcc-d layer which is magnetic, forming a uniaxial symmetry broken structure;
`
`and
`
`at least one layer providing a (111) textured hexagonal atomic template disposed between
`
`said substrate and said bcc-d layer.
`
`145.
`
`(Previously Presented): The magnetic device recited in claim 144, wherein the device is
`
`a magnetic data storage system.
`
`146.
`
`(Previously Presented): The magnetic device recited in claim 144, wherein the device is
`
`a data storage magnetic recording transducer.
`
`147.
`
`(Previously Presented): ‘ The magnetic device recited in claim 144, wherein the device is
`
`at least one of: an anisotropic magnetoresistive sensor; a spin valve magnetoresistive sensor; a
`
`magnetic tunnel
`
`junction magnetoresistive sensor and a data storage magnetic playback
`
`transducer.
`
`148.
`
`(Previously Presented): The magnetic device recited in claim 144, wherein the device is
`
`at least one of:
`
`a data storage magnetic recording media; a data storage magnetic recording
`
`TDK Corporation
`
`Exhibit 1004
`
`Page 7
`
`TDK Corporation Exhibit 1004 Page 7
`
`
`
`media incorporating an oriented soft magnetic layer; and a data storage magnetic recording
`
`media incorporating an oriented hard magnetic layer.
`
`149.
`
`(Previously Presented): The magnetic device recited in claim 144, wherein_the device is
`
`a data storage magnetic random access memory.
`
`150.
`
`(Previously Presented): The magnetic device recited in claim 144, wherein the device is
`
`at least one of: an article surveillance tag; an article identification tag; a magnetoelastic article
`
`tag; a magnetoelastic multiple harmonic generating article tag; and a non-linear response
`
`multiple harmonic generating article tag.
`
`151.
`
`(Previously Presented): The magnetic device recited in claim 144, wherein the device is
`
`at least one of: an electronic circuit inductive component and an electronic circuit inductive
`
`transformer component.
`
`152.
`
`(Previously Presented): The magnetic device recited in claim 144, wherein the device is
`
`a signal mixing electronic circuit component.
`
`153.
`
`(Previously Presented): The magnetic device recited in claim 144, wherein the device is
`
`a magnetic fluxgate sensor.
`
`154.
`
`(Previously Presented): The magnetic device recited in claim 144, wherein the device is
`
`at least one of: an electronic spin transport digital logic circuit component and an electronic spin
`
`transport analog circuit component.
`
`155.
`
`(Previously Presented):
`
`The magnetic device according to Claim 144,
`
`further
`
`comprising:
`
`at least one hard magnetic layer; wherein
`
`said at least one bcc-d layer which is magnetic, forming a uniaxial symmetry broken
`
`structure, is disposed between said (111) textured hexagonal atomic template and said at least
`
`one hard magnetic layer.
`
`TDK Corporation
`
`Exhibit 1004
`
`Page 8
`
`TDK Corporation Exhibit 1004 Page 8
`
`
`
`156.
`
`(Previously Presented):
`
`The magnetic device according to Claim 144,
`
`further
`
`comprising:
`
`at least one hard magnetic layer; wherein
`
`said at least one hard magnetic layer is disposed between said substrate and said at least
`
`one bcc-d layer.
`
`157.
`
`(Currently Amended): The magnetic device according to Claim 144, further comprising:
`
`at least one hard magnetic recording layer; wherein
`
`said at least one bcc-d layer, which is-—magnet~ie acts as a soft magnetic keeper layer,
`
`forming a uniaxial symmetry broken structure,
`
`is disposed between said (111)
`
`textured
`
`hexagonal atomic template and said at least one hard magnetic recording layer
`
` .
`
`158.
`
`(Previously Presented): The magnetic device according to claim 157, wherein:
`
`said at
`
`least one hard magnetic recording layer has a preferred magnetic orientation
`
`perpendicular to the substrate.
`
`159.
`
`(Withdrawn): An apparatus for forming a magnetic material structure, comprising
`
`a symmetry breaking process mechanism, and
`
`a.means for depositing at least one bcc-d layer which is magnetic and forming a uniaxial
`
`symmetry broken structure, on a substrate having at least one layer providing a (111) textured
`
`hexagonal atomic template for said bcc-d layer.
`
`160.
`
`(Withdrawn): The apparatus according to claim 159, wherein said symmetry breaking
`
`process mechanism is at least one of an applied magnetic field directed along said substrate and a
`
`means for delivering material of said bcc-d layer at a selected angle of incidence to said substrate
`1
`
`during deposition.
`
`161.
`
`(Withdrawn): The apparatus according to claim 159, wherein said substrate is a disk,
`
`comprising:
`
`TDK Corporation
`
`Exhibit 1004
`
`Page 9
`
`TDK Corporation Exhibit 1004 Page 9
`
`
`
`a rod shaped sputtering target of diameter smaller than an inside recording diameter of
`
`said disk;
`
`a shield and permanent magnet structure surrounding said rod shaped sputtering target;
`
`a gas pathway between said rod shaped sputtering target and said shield; and
`
`a gas exit near one end of said rod shaped sputtering target; wherein the apparatus
`
`delivers vacuum deposited material symmetrically from near an end surface of said rod shaped
`
`sputtering target at an angle of incidence and in a generally radial direction to said disk.
`
`162.
`
`(Withdrawn):
`
`The apparatus according to claim 161, wherein said symmetry breaking
`
`process mechanism comprises arranging said rod shaped sputtering target and said disk so as to
`
`deliver said vacuum deposited material at an angle of incidence to said disk of between 15 and
`
`75 degrees.
`
`163.
`
`(Withdrawn):
`
`The apparatus according to claim 159, wherein said symmetry breaking
`
`process mechanism comprises an applied magnetic field directed along said substrate.
`
`164.
`
`(Withdrawn): A method of producing a magnetic material structure comprising:
`
`providing a (111) textured hexagonal atomic template; and
`
`providing at
`
`least one bcc-d layer which is magnetic, forming a uniaxial symmetry
`
`broken structure.
`
`165.
`
`(Withdrawn):
`
`The method recited in claim 164, wherein the bcc-d layer is deposited on
`
`said (111) textured hexagonal atomic template while employing at least one symmetry breaking
`
`mechanism.
`
`166.
`
`(Withdrawn):
`
`The method recited in claim 164, wherein said bcc-d layer is epitaxially
`
`grown on said (111) textured hexagonal atomic template while employing at least one symmetry
`
`breaking mechanism, said resulting bcc-d layer has a (110) crystalline texture, and at least one
`
`crystalline grain of said (111) textured hexagonal atomic template has epitaxially grown thereon
`
`at least two and not more than four dominate (110) orientational variants.
`
`TDK Corporation
`
`Exhibit 1004
`
`Page 10
`
`TDK Corporation Exhibit 1004 Page 10
`
`
`
`167.
`
`(Withdrawn):
`
`The method recited in claim 166, wherein at least one said dominate
`
`(110) orientational variant has a <111> crystalline direction in the plane of the said texture at
`
`approximately +5.26 or —5.26 degrees relative to a <110> direction of the said (111) textured
`
`hexagonal atomic template in the plane of the template.
`
`168.
`
`(Withdrawn):
`
`The method recited in claim 165, wherein said symmetry breaking
`
`mechanism is deposition of said bcc—d layer upon said (111) textured hexagonal atomic template
`
`at an angle of incidence angle of between 15 and 75 degrees.
`
`169.
`
`(Withdrawn):
`
`The method recited in claim 168, wherein said angle of incidence is
`
`directed generally along the <110> direction of said (111) textured hexagonal atomic template.
`
`170.
`
`(Withdrawn):
`
`The method recited in claim 164, wherein said symmetry breaking
`
`mechanism is deposition of said bcc-d layer upon said (111) textured hexagonal atomic template
`
`in a magnetic field applied to said template.
`
`171.
`
`(Withdrawn):
`
`The method recited in claim 170, wherein said applied magnetic field is
`
`directed generally along the <1 12> direction of said (111) textured hexagonal atomic template.
`
`172.
`
`(Withdrawn):
`
`The method recited in claim 170, wherein said applied magnetic field is
`
`directed generally along the <11 l> direction of said (111) textured hexagonal atomic template.
`
`173.
`
`(Withdrawn):
`
`The method recited in claim 170, wherein said applied magnetic field is
`
`of magnitude 10 Oe or greater.
`
`174.
`
`(Withdrawn): The method recited in claim 164, further comprising:
`
`providing a second bcc-d layer.
`
`175.
`
`(Withdrawn):
`
`The method recited in claim 174, wherein said bcc-d layers have
`
`anisotropy energy density constants of opposite sign.
`
`-10-
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`TDK Corporation
`
`Exhibit 1004
`
`Page 11
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`TDK Corporation Exhibit 1004 Page 11
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`
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`176.
`
`(Withdrawn):
`
`The method recited in claim 174, wherein said bcc-d layers have
`
`anisotropy energy density constants of the same sign.
`
`177.
`
`(Withdrawn): The method recited in claim 174, 175, 176, further comprising:
`
`providing at
`
`least one oxide layer between the bcc-d layers,
`
`to form an electrical
`
`insulation barrier.
`
`178.
`
`(Withdrawn): The method recited in claim 174, further comprising:
`
`providing at least a second (111) textured hexagonal atomic template between said bcc-d
`
`layers.
`
`-11-
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`TDK Corporation
`
`Exhibit 1004
`
`Page 12
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`TDK Corporation Exhibit 1004 Page 12
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`
`
`REMARKS
`
`The allowability of Claims 131-133 and 138-139 is acknowledged. Claim 157 is
`
`amended in order to more clearly define the claimed invention.
`
`It is believed that this Response is fiilly responsive to the Office Action of December 19,
`
`2005. The Applicant respectfully submits that no new matter is added.
`
`The present invention is a magnetic material structure having a substrate;
`
`at
`
`least
`
`one
`
`bcc-d layer which is magnetic, forming a uniaxial symmetry broken structure; and at least one
`
`layer providing a (111) textured hexagonal atomic template disposed between the substrate and
`
`the bcc-d layer. The uniaxial symmetry broken structure is produced by using at least one
`
`symmetry breaking process mechanism and depositing at least one bcc-d layer which is magnetic
`
`and forming a uniaxial symmetry broken structure, on the substrate having at least one layer
`
`which provides the (111) textured hexagonal atomic template.
`
`Claim 157 is rejected under 35 U.S.C. §ll2, second paragraph, as being indefinite for
`
`failing to particularly point out and distinctly claim the subject matter which the Applicant
`
`regards as the invention. Reconsideration and removal of this rejection is respectfully requested.
`
`As indicated above, Claim 157 is amended in order to more clearly define the claimed
`
`invention.
`
`It is respectfully submitted that in the claim, as originally written, the phrase “and
`
`acts as a soft magnetic keeper layer” refers back to the “at least one bcc-d layer’’, as there is a
`
`comma before the phrase “and acts as a soft magnetic keeper layer”. However, the amended
`
`claim should now more clearly define the claimed invention. Removal of this rejection is
`
`respectfully requested.
`
`-12-
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`TDK Corporation
`
`Exhibit 1004
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`-
`Page 13
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`TDK Corporation Exhibit 1004 Page 13
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`
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`Claims 118-130, 134-137, and 140-158 are rejected under 35 U.S.C. §l02 (e) as
`
`anticipated by or, in the alternative, under 35 U.S.C. §103(a) as obvious over Lambeth et al.
`
`(U.S. Patent No. 6,248,416).
`
`In the Office Action it is alleged that Lambeth et al. discloses a magnetic recording film,
`
`transducer, or device having a substrate formed from material such as single crystal material, a
`
`NiP-plated A1 alloy, a glass layer, at least one underlayer formed from a material such as fcc
`
`material with (111) orientation (e.g. Ag) or a hop (0002) Co-based alloy (both corresponding to
`
`the claimed (111) hexagonal atomic template), and a magnetic layer formed thereon.
`
`It is further alleged that Lambeth et al. does not disclose the claimed bcc-d magnetic layer
`
`having “uniaxial symmetry broken structure” but it appears from Applicant’s specification that
`
`the formation of this bcc-d “uniaxial symmetry broken structure” in the claimed magnetic layer.
`
`is a function of the presence of the (111) hexagonal atomic template layer(s) deposited beneath
`
`the magnetic layer, -and the underlying layers appear to direct the growth of overlying layers in
`
`order to achieve the claimed microstructure.
`
`It is stated in the Office Action that it is the Examiner’s contention that the structure
`
`taught by Lambeth et al. would inherently satisfy the claim limitations directed to the bcc-d
`
`magnetic layer having uniaxial symmetry broken structure because Lambeth et al. discloses the
`
`epitaxial growth of a bcc-derivative (e.g. (0002) hop) on a (111) textured hexagonal atomic
`
`template layer, and it has been held that where claimed and prior art products are identical or
`
`substantially identical, or are produced by identical or substantially identical processes,
`
`the
`
`burden of proof is shifted to the Applicant to show that prior art products do not necessarily or
`
`inherently possess characteristics of claimed products, where the rejection is based on inherency
`
`-13-
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`TDK Corporation
`
`Exhibit 1004
`
`Page 14
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`TDK Corporation Exhibit 1004 Page 14
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`
`
`under 35 U.S.C. §103 or on prima facie obviousness under 35 U.S.C. §103,
`
`jointly or
`
`alternatively.
`
`It is respectfully submitted that the present claimed invention is distinct from and non-
`
`obvious in view of U..S. Patent No. 6,248, 416, for the following reasons:
`
`1) The present application is concerned with magnetic bcc-d layers such as Fe(bcc),
`
`FeCo (bcc), and crystalline FeNx(bcc). Uniaxial symmetry broken structure cannot be achieved
`
`with a fcc magnetic layer. Bcc-d magetic layers deposited on the template of concern were not
`
`discussed in ‘416. See page 30, line 27 - page 31, line 2, of the present application where this is
`
`pointed out. Only non-magnetic Cr bcc and several B2 crystals were mentioned. Fe is not
`
`discussed. Very few B2 crystals are magnetic and they were not made. The B2 crystals with Fe
`
`mentioned were CoFe, which is magnetic, and FeAl and FeTi, which are non-magnetic. The
`
`magnetic properties of CoFe were not discussed in the context of the present invention. Hence,
`
`if the magnetic properties were not discussed then a soft, uniaxial symmetry broken magnetic
`
`layer could not have been disclosed or suggested. Magnetic fcc layers on the template were
`
`discussed, and it appears as though that is the layer the Examiner is referring to. However, fcc
`
`layers are deposited in only one orientation and so do not have the variants necessary to achieve
`
`uniaxial symmetry broken magnetic properties.
`
`2) No symmetry breaking mechanisms were disclosed in 416.
`
`3) ‘416 did disclose the use of a (111) template under a (110) bcc layer, but only 3
`
`variants were found and they were not the same orientation as the 6 variants discussed in this
`
`application. Figure 3 of this application shows the prior art orientation. The prior art 3 variants
`
`vs 6 variants is important as the 3 variant system will not yield the desirable uniaxial symmetry
`
`broken magnetic properties of the present invention. Fig. 3 of the present application shows the
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`-14-
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`TDK Corporation
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`Exhibit 1004
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`Page 15
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`TDK Corporation Exhibit 1004 Page 15
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`
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`3 variant orientations on the template of ‘416 being different from the 6 variant orientations of
`
`the present invention. Present Figure 5 illustrates 2 of the 6 variants oriented on the template.
`
`The differences are pointed out in the specification at page 17, line 3 to page 18, line 35 and page
`
`19, lines 10-36. The paragraph beginning at page 22, line 19 explains this with respect to plots of
`
`the anisotropy energy shown in Fig. 4. At the end of the paragraph beginning at page 26, line 24
`
`it explicitly points out the difference and states:
`
`“It was found that, by carefully controlling the epitaxial
`
`film growth
`
`conditions, a strongly (110) textured bcc-d crystal could be made to grow
`
`with one of its <1l1> directions parallel to the hexagonal template <110>
`
`directions. This orientation is different than was obtained by the processing
`
`of Gong and Zangari. In our processing the bcc-d <l10> directions are no
`
`longer parallel to the hexagonal template <112> directions.”
`
`The next paragraph and the following ones further compare the prior art to the present invention
`
`pointing out the differences and explicitly pointing out via calculations that all combinations of
`
`the 3 variant prior art case would yield energy curves which are non-uniaxial, even if symmetry
`
`broken.
`
`Regarding the specific portions of the specification of ‘416 referred to in the Office
`
`Action, please consider the following remarks:
`
`Column 3, lines 44-55:
`
`this portion is concerned with the claimed substrate, which is not
`
`considered by the Applicants to be novel.
`
`Column 8, lines 1-67:
`
`the Cr or Cr alloy is bcc, but non-magnetic and the Co alloy is
`
`hcp. The NiA1 and FeAl are B2 (bcc-derivatives) but are non-magnetic (unless the stoichiometry
`
`is not correct and then only mildly magnetic). Whenever bcc layers are discussed, they are non-
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`-15-
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`TDK Corporation
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`Exhibit 1004
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`Page 16
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`TDK Corporation Exhibit 1004 Page 16
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`magnetic, so having uniaxial and symmetry broken properties is not anticipated. Soft magnetic
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`NiFe, which is fee, is discussed, but this has no relevance to the present invention.
`
`Column 12, line 65 to column 13, line 5:
`
`this portion of the application teaches that you
`
`can get good (110) texture on the (111) template and that this can be used for non-magnetic
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`underlayers for hcp Cobalt alloys.
`
`Column 24, lines 19-62:
`
`this portion of the application discusses that other (1 l 1) layers
`
`may match to the following layer better than Ag (111). C0 matches better to Cu (111) but does
`
`not match well with the Ag (111) and this shows in the x-ray diffraction patterns.
`
`Column 25, lines 33-55:
`
`this portion of the application discusses that each of these layers
`
`is (111) texture and with the exception of Ti and the CoCrTa layer they are all fee. The soft
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`magnetic (in-plane) layer NiFe(111) is fee. The CoCrTa layer is hcp and has its easy magnetic
`
`axis (uniaxial) perpendicular to the film plane. Hence, there is no magnetic bcc-d layer and a
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`uniaxial symmetry broken (in-plane) layer is not anticipated.
`
`It also points out that the magnetic
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`fcc layer orientation is 3-fold symmetric in the plane and has no anisotropy direction, which is in
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`contrast to the uniaxial orientation of the present invention.
`
`Regarding the contention in the Office Action that the structure taught by ‘416 would
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`inherently satisfy the claim limitations directed to the bcc-d magnetic layer having uniaxial
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`symmetry broken structure because ‘416 discloses the epitaxial growth of a bcc-deriviative (e.g.
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`(0002) hop) on (111) textured hexagonal atomic template layer, it is respectfully submitted that
`
`in the example given ((0002) hcp on a (111) textured hexagonal atomic template layer), a (0002)
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`hop is E a bcc-d.
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`-16-
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`TDK Corporation
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`Exhibit 1004
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`Page 17
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`TDK Corporation Exhibit 1004 Page 17
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`
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`Also, regarding the Examiner’s contention that ‘416 would inherently satisfy the present
`
`claim limitations, there are important influencing factors required in producing the material of
`
`the present invention in order to obtain a “bcc-d layer which is magnetic, forming a uniaxial
`
`symmetry broken structure”, which are not being considered by the Examiner when alleging that
`
`the present claimed material would inherently be formed “by identical or substantially identical
`
`processes”. The present process, to obtain the presently claimed material, requires employing at
`
`least one symmetry breaking mechanism. Therefore, the prior-art and present processes are go_t
`
`“identical or substantially identical.”
`
`In view of the above remarks, it is believed that the present claimed invention is patently
`
`distinct and non-obvious in view of ‘416, and it
`
`is respectfully requested that
`
`the present
`
`rejection be removed.
`
`It is believed that Claims 118-158 are in allowable condition, and allowance thereof is
`
`respectfully requested.
`
`If there are any questions, the Examiner is urged to contact the Applicant’s agent, the
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`undersigned, at Area Code (412) 281-2931.
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`-17-
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`TDK Corporation
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`Exhibit 1004
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`Page 18
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`TDK Corporation Exhibit 1004 Page 18
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`
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`In the event any fees are required in connection with this response, please charge our
`
`Deposit Account No. 16-0485.
`
`JNB/bak
`
`Atty. Docket No. 03017
`Law and Finance Building
`Suite 707, 429 Fourth Avenue
`Pittsburgh, PA 15219
`(412) 281-2931
`
`Respectfully submitted,
`
`Armstrong, Kratz, Quintos,
`Hanson & Brooks, LLP
`
`/_/ ,__.
`ames N. Baker /
`eg. No. 40,899
`
`09979
`PATENT TRADEMARK OFFICE
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`-18-
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`TDK Corporation
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`Exhibit 1004
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`Page 19
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`TDK Corporation Exhibit 1004 Page 19
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