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 .
Information Disclosure Statement
The information disclosure statement filed June 6, 2026 fails to comply with 37 CFR 1.98(a)(3)(i) because it does not include a concise explanation of the relevance, as it is presently understood by the individual designated in 37 CFR 1.56(c) most knowledgeable about the content of the information, of each reference listed that is not in the English language. It has been placed in the application file, but the information referred to therein has not been considered.
No English translation of Office Action for CN Appl. No. 202211324073.7, mailed on April 11, 2026, 6 pages.
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 13 is 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.
Regarding claim 13. A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claim 13 which depends upon independent claim 10 recites the broad recitation “wherein the dopant includes one or more boron (B), nitrogen (N), carbon (C), phosphorous (P), arsenic (As), aluminum (Al), or germanium (Ge)”, and the independent claim 10 also recites “incorporating a dopant including arsenic (As) or germanium (Ge)” which is the narrower statement of the range/limitation. The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims.
Allowable Subject Matter
Claims 10 and 11 are allowable. The following is a statement of reasons for the indication of allowable subject matter:
With respect to independent claim 10, there is no teaching, suggestion, or motivation for the combination in the prior art for the initial buffer layer being a distinct layer in contact with the first surface of the first electrode layer and including carbon material, the initial Si-containing layer configured to be converted into the selector pattern by a subsequent ion implantation; wherein, during the ion implantation process, the initial buffer layer is entirely removed and absorbed into the selector pattern. Claim 11 is allowable due to its dependency on claim 10.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure, Dong et al (U.S. 2005/0106793), Kumura (U.S. 2021/0288253) and Ramkumar et al (U.S. 2013/0309826), and SUGIURA et al (U.S. 2022/0085282).
Response to Arguments
Applicant’s arguments, see pages 6-9, filed March 25, 2026, with respect to claim 10 and 11 have been fully considered and are persuasive. The rejection of 10 and 11 has been withdrawn.
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.
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/S.E.B./Examiner, Art Unit 2815
/JOSHUA BENITEZ ROSARIO/Supervisory Patent Examiner, Art Unit 2815
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