This Office Action is in response to the response filed on November 11, 2025.
Applicant's election with traverse of Group I, claims 1-9, is acknowledged. The traversal is on the ground(s) that searching both inventions would not impose a serious burden on the examiner. This is not found persuasive because the inventions have different classifications (see the restriction requirement mailed on October 6, 2025).
The requirement is still deemed proper and is therefore made FINAL.
Claims 10-16 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention.
FIG. 9 is objected to because “20” points to the wrong layer. Correction is required (see “20” in FIGS. 1, 8 and 10, for example).
The specification is objected to because the sentence at page 4, lines 5-7, is apparently incorrect. FIG. 9’s protective layer 40 is not separated from the source electrode 20 (even when corrected as per above) and the drain electrode 30 when the air gap G is formed. Protective layer 40 is separated from the source electrode 20 and the drain electrode 30 after the air gap is formed (see FIG. 10). In other words, the formation of the air gap G has nothing to do with protective layer 40 being separated from source electrode 20 and drain electrode 30.
Claims 1-9 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention. Specifically, independent claim 1’s “SiNx” and “SiOx” are indefinite because x is not defined. Claims 2-9 depend on claim 1 and are thus similarly indefinite.
Registered practitioners can telephone the examiner at (571) 272-1843. Any voicemail message left for the examiner should include the registration number of the registered practitioner calling. The examiner’s supervisor is Wael Fahmy, whose telephone number is (571) 272-1705.
/MARK V PRENTY/Primary Examiner, Art Unit 2814
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