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 .
Election/Restrictions
Applicant's election with traverse of Species 1, sub-species A, with claims 13-15, 18-20, 23-25, 29-32, 37, 41-42 indicated by Applicant to read thereon, in the reply filed on 5/6/2026 is acknowledged. The traversal is on the ground(s) that 1) fails to show that the identified species are independent and distinct; 2) a showing of serious burden has not been made. This is not found persuasive because 1) a species restriction does not require both independent and distinct inventions — it can apply to either independent species or distinct species that are related as disclosed but still patentably distinct as claimed. No requirement for both: MPEP § 806.06 and § 808.01(a) clarify that restriction can be required for either type of species relationship. The previous office action (e.g., paragraph #2) also clearly indicated that the species are independent or distinct since they are mutually exclusive (i.e. no embodiment that would infringe both species/claims etc.; e.g. species 5 and 6; 1 and 2 etc.) and/or species have materially different designs, modes of operation, or effects etc; 2) A serious search/examination burden if not restricted. See previous Office action “There is a serious search and/or examination burden for the patentably distinct species as set forth above because at least the following reason(s) apply:
the inventions have acquired a separate status in the art in view of their different classification
the inventions have acquired a separate status in the art due to their recognized divergent subject matter
the inventions require a different field of search (e.g., searching different classes /subclasses or electronic resources, or employing different search strategies or search queries).
the species or groupings of patentably indistinct species have acquired a separate status in the art in view of their different classification
the species or groupings of patentably indistinct species have acquired a separate status in the art due to their recognized divergent subject matter
the species or groupings of patentably indistinct species require a different field of search (e.g., searching different classes/subclasses or electronic resources, or employing different search strategies or search queries); and/or
the prior art applicable to one group or species would not likely be applicable to another group or species; the group or species are likely to raise different non-prior art issues under 35 U.S.C. 101 and/or 35 U.S.C. 112, first paragraph.”
The requirement is still deemed proper and is therefore made FINAL.
While Examiner acknowledges that Applicant indicated that claims 23 and 29-32, 37 and 41-42 read on the elected species 1. Claims 23 and 29-32, 37 and 41-42 do NOT read on the elected species 1 because the elected species 1 at least fails to show that the implanted region is self-aligned with the gate trench as recited in claim 23 or etching the semiconductor layer structure to form a gate trench that is self-aligned with the implanted region (e.g. Re claim 29).
Claims 23, 29-32, 35, 37, 41-47 and 50 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected species/subspecies, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 5/6/2026.
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 13-15, 18-20 and 24-25 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.
Re claim 13, the phrase “…using the mask structure as an etch mask…” is unclear and indefinite [which mask structure? The one recited in lines 4-7 (i.e., having both first second masks) and/or line 10 (i.e., after removing the spacer)].
Re claim 18, the phrase “the gate trench” lacks antecedent basis.
Re claim 19, the phrase “the implanted region extends onto lower portions of opposed sidewalls of the gate trench” is unclear and indefinite since the implanted regions are formed prior to the formation of the gate trench (e.g., figs. 2F-2H).
Re claim 20, the phrase “the gate trench” lacks antecedent basis.
Re claim 24, the phrase “further comprising removing some but not all of a portion of the second mask that is within the second opening prior to implanting the dopants into the semiconductor layer structure” is unclear and indefinite (i.e. at least the active step of forming the second mask that is within the second opening is lacking).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JACK CHEN whose telephone number is (571)272-1689. The examiner can normally be reached Monday to Friday, 8am to 4pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Yara J. Green can be reached at (571)270-3035. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JACK S CHEN/Primary Examiner, Art Unit 2893
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