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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 05/31/2026 has been entered.
Response to Amendment/Argument
Applicant’s arguments, see remarks, filed 05/31/2026, with respect to the rejection of claims 1-6, 9-18 and 21-25 have been fully considered and are persuasive. The rejection of claims 1-6, 9-18 and 21-25 has been withdrawn.
Election/Restrictions
Newly submitted claims 15-18 and 20 are directed to an invention that is independent or distinct from the invention originally claimed for the following reasons:
The claims of record prior to the amendment filed on 05/31/2026 were only directed to the embodiment depicted in Figure 1A and Figure 1B of the original disclosure, Species I. The claims as amended are directed to both Species I and the embodiments depicted in Figure 3A (Species II) and Figure 3B (Species III). Claims 1-6, 8, 10-14, 21-25, 27-29 and 31-33 are directed to Species I, claims 15-18 are directed to Species II and claim 20 is directed to Species III.
The species are independent or distinct because Species I requires a first diode area disposed adjacent to a first side of a second diode area and no other sides of the second diode area, while Species II requires a first diode area disposed adjacent to a first and third side of a second diode area with the second diode area disposed adjacent to a third diode area, and Species III requires a first diode area disposed adjacent to a first and third side of a second diode area with the second diode area disposed away from a third diode area with the first diode area disposed therebetween. Thus, Species I, II and III contain features that are mutually exclusive from one another, since only one disclosed layout in each species can be present in only one embodiment at a time. Moreover, searching for both of the features of Species I, II and III would be unduly burdensome given that the features require a different field of search (e.g., searching different classes /subclasses or electronic resources, or employing different search strategies or search queries), so searching for the features will not be coextensive. In addition, these species are not obvious variants of each other based on the current record.
Since applicant has received an action on the merits for the originally presented invention, this invention has been constructively elected by original presentation for prosecution on the merits. Accordingly, claims 15-18 and 20 are withdrawn from consideration as being directed to a non-elected invention. See 37 CFR 1.142(b) and MPEP § 821.03.
To preserve a right to petition, the reply to this action must distinctly and specifically point out supposed errors in the restriction requirement. Otherwise, the election shall be treated as a final election without traverse. Traversal must be timely. Failure to timely traverse the requirement will result in the loss of right to petition under 37 CFR 1.144. If claims are subsequently added, applicant must indicate which of the subsequently added claims are readable upon the elected invention.
Should applicant traverse on the ground that the inventions are not patentably distinct, applicant should submit evidence or identify such evidence now of record showing the inventions to be obvious variants or clearly admit on the record that this is the case. In either instance, if the examiner finds one of the inventions unpatentable over the prior art, the evidence or admission may be used in a rejection under 35 U.S.C. 103 or pre-AIA 35 U.S.C. 103(a) of the other invention.
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 1-6, 8, 10-14, 21-25, 27-29 and 31-33 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.
Claims 1 and 21 recite the limitation "an n-type substrate" and “the substrate” throughout the entire claim set. This term inconsistency causes antecedent basis issues throughout the claims and can be resolved by changing every instance of “the substrate” to "an n-type substrate" or vice versa.
Claims 2-6, 8, 10-14, 22-25, 27-29 and 31-33 are rejected under 35 U.S.C. 112(b) for depending from rejected claims 1 or 21.
Allowable Subject Matter
Claims 1-6, 8, 10-14, 21-25, 27-29 and 31-33 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
Regarding claim 1, the most relevant prior art reference US-20170200712-A1 to Strachan et al. teaches most of the limitations of claim 1, but not the limitations of “the first bypass diode is disposed on a first side of the first diode without any other diode being disposed between the first side of the first diode and the first bypass diode; and
the second diode is disposed on a second side of the first diode without any other diode being disposed between the second side of the first diode and the second diode” as recited. Therefore, claim 1 is deemed patentable over the prior art.
Claims 2-6, 8, 10-14, 29 and 31-32 are also deemed patentable for depending from patentable claim 1.
Regarding claim 21, the most relevant prior art reference US-20170200712-A1 to Strachan et al. teaches most of the limitations of claim 21, but not the limitations of “the second diode area is disposed on the first side of the first diode area without any other diode area being disposed between the first side of the first diode area and the second diode area;
the third diode area is disposed on the second side of the first diode area without any other diode area being disposed between the second side of the first diode area and the third diode area; and
the fourth diode area is disposed on the third side of the third diode area without any other diode area being disposed between the third side of the third diode area and the fourth diode area” as recited. Therefore, claim 21 is deemed patentable over the prior art.
Claims 22-25 and 27-28 are also deemed patentable for depending from patentable claim 1.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THADDEUS J KOLB whose telephone number is (571)272-0276. The examiner can normally be reached Monday - Friday, 8:30am - 5:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Eliseo Ramos-Feliciano can be reached at (571) 272-7925. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/T.J.K./ Examiner, Art Unit 2817
/ELISEO RAMOS FELICIANO/Supervisory Patent Examiner, Art Unit 2817
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