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 .
DETAILED ACTION
This office acknowledges receipt of the following items from the Applicant:
Information Disclosure Statement (IDS) filed on 1/26/26/, 12/01/25, 3/25/25, 2/26/25, 2/19/25, 9/23/24, 9/09/24, 9/03/24, 7/12/24, 4/3/24, 7/27/23 were considered.
Specification
Title
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
Claims 1-35 are presented.
Claims 1-11, 14-19 and 26-31 are elected for examination from a restriction requirement.
Claim 12-13, 20-25 and 32-35 are withdrawn.
Claims 1-11, 14-19 and 26-31 are rejected.
DOUBLE PATENT REJECTION
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the "right to exclude" granted by a patent and to prevent possible harassment by multiple assignees. See In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970);and, In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) may be used to overcome an actual or provisional rejection based on a nonstatutory double patenting ground provided the conflicting application or patent is shown to be commonly owned with this application. See 37 CFR 1.130(b).
Effective January 1, 1994, a registered attorney or agent of record may sign a terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37 CFR 3.73(b).
Claims 1-11, 14-19 and 26-31 are rejected under the judicially created doctrine of obviousness-type double patenting as being unpatentable over claims 1-15 of U.S. Patent No. 11,755,899. Although the conflicting claims are not identical, they are not patentably distinct from each other because of the reasons set forth below.
Claim 1-11, 14-19 and 26-31 are rejected in view of claim of the ‘899 patent. Similar to the claimed invention, claims 1-15 of the patent recites a “A method comprising: performing a first programming process on a selected non-volatile memory cell, the first programming process comprising a plurality of program-verify cycles, wherein a programming voltage duration of increasing period is applied to one of a floating gate, a control gate terminal, an erase gate terminal, and a source line terminal of the selected non-volatile memory cell in each program-verify cycle after the first program-verify cycle”, “A method comprising: performing a first programming process comprising multiple program-verify cycles, wherein a first programming voltage of increasing duration is applied to a control gate terminal of a selected non-volatile memory cell and a second programming voltage of decreasing duration is applied to an erase gate terminal of the selected non-volatile memory cell in the programming process” and “A method comprising: performing a first programming operation comprising multiple program-verify cycles, wherein a first programming voltage of increasing duration is applied to an erase gate terminal of a selected non-volatile memory cell and a second programming voltage of decreasing duration is applied to a control gate terminal of the selected non-volatile memory cell in the programming operation”.
As can be seen, the patent protection for the claimed invention has already been granted to the earlier filed application.
eTerminal Disclaimer
The USPT© internet Web site contains terminal disclaimer forms which may be used. Please visit http://www.uspto.gov/forms/. The filing date of the application will determine what form should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to
http://www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-11, 14-19 and 26-31 would be allowable if an eTerminal Disclaimer signed and filed by an attorney or agent of record to overcome the obviousness-type double patenting rejection.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure. Park (20100195387) discloses incremental step pulse programming (ISPP) techniques in which programming voltage and pulse width are controlled during program verify cycles. However, Park does not teach or suggest the specific programming methodology recited in the claims, such as the claimed sequence and control of the programming operations.
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/CONNIE C YOHA/Primary Examiner, Art Unit 2825