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 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.
Status of the application
This office Action is in response to Applicant's Application filled on 03/05/2026. Claims 1-14 and 21-26 are pending for this examination.
Response to Arguments
Applicant’s reply filed on 03/05/2026 has been entered and considered. Applicant’s amendments necessitated the shift in grounds of rejection detailed below. The shift in grounds of rejection renders Applicant’s arguments moot. Thus, this rejection is properly made FINAL.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the limitation “wherein the first spacer portion includes a first dielectric layer extending in a plane along the second direction and along a third direction orthogonal to both the first and second directions, the second spacer portion includes a second dielectric layer extending in a plane along the first direction and the third direction, and the third spacer portion includes the first dielectric layer, the second dielectric layer, and a third dielectric layer compositionally different than the first and second dielectric materials layers, wherein each of the first, second, and third dielectric layers in the third spacer portion extend in corresponding planes along the first direction and the second direction”, in claim 1, and the limitation “ wherein a first dielectric layer extends in a plane along the second direction and along a third direction orthogonal to both the first and second directions in the first spacer portion, and the first dielectric layer extends in a plane along the first and second directions within the third spacer portion, a second dielectric layer extends in a plane along the first direction and the third direction in the second spacer portion, and the second dielectric layer extends in a plane along the first and second directions within the third spacer portion, and a third dielectric layer compositionally different than the first and second dielectric layers extends in a plane along the first and second directions within the third spacer portion along with the first and second dielectric layers”, in claim 8 and the limitation “ wherein the first spacer portion includes a first dielectric layer extending in a plane along the second direction and along a third direction different from both the first and second directions, the second spacer portion includes a second dielectric layer extending in a plane along the first direction and the third direction, and the third spacer portion includes the first dielectric layer, the second dielectric layer, and a third dielectric layer compositionally different than the first and second dielectric layers, wherein each of the first, second, and third dielectric layers in the third spacer portion extend in corresponding planes along the first direction and the second direction”, in claim 21, must be shown or the feature(s) canceled from the claim(s). No new matter should be entered. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 1-14 and 21-26 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 pre-AIA the applicant regards as the invention.
Regarding Claim 1, The instant claims recite limitation “wherein the first spacer portion includes a first dielectric layer extending in a plane along the second direction and along a third direction orthogonal to both the first and second directions, the second spacer portion includes a second dielectric layer extending in a plane along the first direction and the third direction, and the third spacer portion includes the first dielectric layer, the second dielectric layer, and a third dielectric layer compositionally different than the first and second dielectric materials layers, wherein each of the first, second, and third dielectric layers in the third spacer portion extend in corresponding planes along the first direction and the second direction” is not clear because second spacer portion includes a second dielectric layer extending in a plane along the first direction and the third direction. However, wherein each of the first, second, and third dielectric layers in the third spacer portion extend in corresponding planes along the first direction and the second direction. It is unclear how the direction is defined in the claim, based on the dielectric layers orthogonal direction. Therefore, the resulting claim is indefinite and is failing to particularly point out and distinctly claim the subject matter. Appropriate corrections defining these limitations within metes and bounds of the claimed invention are required.
Regarding Claim 8, The instant claims recite limitation “wherein a first dielectric layer extends in a plane along the second direction and along a third direction orthogonal to both the first and second directions in the first spacer portion, and the first dielectric layer extends in a plane along the first and second directions within the third spacer portion, a second dielectric layer extends in a plane along the first direction and the third direction in the second spacer portion, and the second dielectric layer extends in a plane along the first and second directions within the third spacer portion, and a third dielectric layer compositionally different than the first and second dielectric layers extends in a plane along the first and second directions within the third spacer portion along with the first and second dielectric layers” is not clear because how the direction is defined in the claim, based on the dielectric layers orthogonal direction based on the first, second and third direction. Therefore, the resulting claim is indefinite and is failing to particularly point out and distinctly claim the subject matter. Appropriate corrections defining these limitations within metes and bounds of the claimed invention are required.
Regarding Claim 21, The instant claims recite limitation “wherein the first spacer portion includes a first dielectric layer extending in a plane along the second direction and along a third direction different from both the first and second directions, the second spacer portion includes a second dielectric layer extending in a plane along the first direction and the third direction, and the third spacer portion includes the first dielectric layer, the second dielectric layer, and a third dielectric layer compositionally different than the first and second dielectric layers, wherein each of the first, second, and third dielectric layers in the third spacer portion extend in corresponding planes along the first direction and the second direction” is not clear because second spacer portion includes a second dielectric layer extending in a plane along the first direction and the third direction. However, wherein each of the first, second, and third dielectric layers in the third spacer portion extend in corresponding planes along the first direction and the second direction. It is unclear how the direction is defined in the claim, based on the dielectric layers orthogonal direction. Therefore, the resulting claim is indefinite and is failing to particularly point out and distinctly claim the subject matter. Appropriate corrections defining these limitations within metes and bounds of the claimed invention are required.
Claims 2-7, 9-14 and 22-26 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, because of their dependency status from claims 1, 8 and 21.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MOIN M RAHMAN whose telephone number is (571)272-5002. The examiner can normally be reached 8:30-5:00pm.
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, Julio Maldonado can be reached at 571-272-1864. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MOIN M RAHMAN/Primary Examiner, Art Unit 2898
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