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 .
This Office action is in response to the amendment filed 5/20/2026 in which claims 1 and 9 were amended and claim 8 was cancelled.
Claims 1-7, 9, and 12-24 remain pending with claims 1-7, 9, and 12-14 presented for examination and claims 15-24 remaining withdrawn.
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 1-7, 9, and 12-14 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. Claim 1 recites in lines 30-31 that “the conductive structure and the gate structure together define a recessed portion at an interface region between the conductive structure and the gate structure.” The specification as originally filed does not mention a “recessed portion” at the interface as claimed. The specification only mentions in [0082] that the second conductive material 1420 is recessed, which is not performed at the interface as claimed, and in [0061] that the first conductive material 1320 is recessed to at its top surface. It is unclear how two layers at an interface together define a recessed portion or what that means in general. A layer can have a recessed portion at a top surface that is at an interface between itself and another layer, but two layers at an interface would not define a recessed portion together. Examiner interprets the recited claim limitation to mean that there is a recessed portion at the interface between the two structures. Claims 2-7, 9, and 12-14 inherit the deficiencies of claim 1. Appropriate correction is required.
Allowable Subject Matter
Claims 1-7, 9, and 12-24 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.
Examiner notes that independent claim 15, which was withdrawn with traverse, does not include all limitations of the potentially allowable independent claim 1 and thus would not be subject to rejoinder as is. Therefore, claim 15 should be amended to include the subject matter that was amended into claim 1 in the response filed 5/20/2026 that potentially places claim 1 into condition for allowance, assuming 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 are overcome, or be cancelled.
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 JOSEPH C NICELY whose telephone number is (571)270-3834. The examiner can normally be reached Monday-Friday 7:30 am - 4 pm, EST.
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, Steven Gauthier can be reached at (571) 270-0373. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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JOSEPH C. NICELY
Primary Examiner
Art Unit 2813
/JOSEPH C. NICELY/Primary Examiner, Art Unit 2813
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