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 .
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim 26 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Song (US Pub. No. 2013/0009204).
Regarding claim 26, in FIG. 1D, Song discloses a device comprising: a first well (N-WELL) having a first conductivity type (n-type); a second well (P-WELL) configured to form a first junction with the first well and having a second conductivity type (p-type); a first region (P+) in the first well and having the second conductivity type; a second region (N+) in the second well and having the first conductivity type; and a gate electrode (154) that overlaps, along a first direction, the first well, the second well, and the first junction between the first region and the second region, wherein the first junction extends, in the first direction, from the gate electrode into a substrate (P-SUB).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1-3, 21-22, and 24 is rejected under 35 U.S.C. 103 as being unpatentable over Ker (US Pub. No. 2002/0122280) in view of Song (US Pub. No. 2013/0009204).
Regarding claim 1, in FIG. 17, Ker discloses a device comprising: a first clamp circuit (PSCR_1) electrically connected between a first node (VDD) and a second node (Input PAD); and a second clamp circuit (NSCR_1) electrically connected between the second node and a third node (VSS), wherein the first clamp circuit comprises: a first silicon controlled rectifier (SCR) comprising a first region (P) of a first conductivity type (p-type) electrically connected to the first node, a second region (N-well) of a second conductivity type (n-type), a third region (P+/P-well) of the first conductivity type, and a fourth region (N) of the second conductivity type electrically connected to the second node; and a first gate electrode (VGP).
Ker appears not to explicitly disclose that the first SCR comprises a first gate electrode (VGP) that overlaps, along a first direction, the second region, the third region, and a junction of the second region and the third region between the first region and the fourth region, and wherein the junction extends, in the first direction, from the first gate electrode into a substrate.
The art however well recognized a first SCR that comprises a first gate electrode (154) that overlaps, along a first direction, a second region (N-Well), a third region (P-Well), and a junction of the second region and the third region between the first region and the fourth region, and wherein the junction extends, in the first direction, from the first gate electrode into a substrate (P-SUB) to be suitable for use as an SCR. See, for example, Song, FIG. 1D.
According to well-established patent law precedents (see, for example, M.P.E.P. § 2144.07), therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains to formed the Ker disclosed first SCR to include a first gate electrode that overlaps, along a first direction, a second region, a third region, and a junction of the second region and the third region between the first region and the fourth region, and wherein the junction extends, in the first direction, from the first gate electrode into a substrate for its recognized suitability as an SCR.
Regarding claim 2, in FIG. 17, Ker discloses a first resistor (Rp) electrically connected to the first gate electrode; and a first capacitor (Cp) electrically connected to the first gate electrode.
Regarding claim 3, in FIG. 17, Ker discloses that the second clamp circuit (NSCR_1) comprises a second SCR and a second gate electrode (VGN), wherein the first resistor is electrically connected between the first gate electrode and the first node, wherein the first capacitor is electrically connected between the first gate electrode and the second node, and wherein the device further comprises: a second capacitor (Cn) electrically connected between the second gate electrode and the second node; and a second resistor (Rn) electrically connected between the second gate electrode and the third node.
Regarding claim 21, in FIG. 17, Ker discloses a device comprising: a first clamp circuit (PSCR_1) electrically connected between a first node (VDD) and a second node (Input PAD); and a second clamp circuit (NSCR_1) electrically connected between the second node and a third node (VSS), wherein the first clamp circuit comprises: a first silicon controlled rectifier (SCR) comprising a first region (P) of a first conductivity type (p-type) electrically connected to the first node, a second region (N-well) of a second conductivity type (n-type), a third region (P+/P-well) of the first conductivity type, and a fourth region (N) of the second conductivity type electrically connected to the second node; and a first gate electrode (VGP) configured to form a channel in one of the second region and the third region according to an applied voltage in a channel region between the second region and the third region.
Ker appears not to explicitly disclose that the first gate electrode overlaps, along a first direction, the second region, the third region, and a junction of the second region and the third region between the first region and the fourth region, and wherein the junction extends, in the first direction, from the first gate electrode into a substrate.
The art however well recognized a first SCR that comprises a first gate electrode (154) that overlaps, along a first direction, a second region (N-Well), a third region (P-Well), and a junction of the second region and the third region between the first region (P+) and the fourth region (N+), and wherein the junction extends, in the first direction, from the first gate electrode into a substrate (P-SUB) to be suitable for use as an SCR. See, for example, Song, FIG. 1D.
According to well-established patent law precedents (see, for example, M.P.E.P. § 2144.07), therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains to formed the Ker disclosed first SCR to include a first gate electrode that overlaps, along a first direction, a second region, a third region, and a junction of the second region and the third region between the first region and the fourth region, and wherein the junction extends, in the first direction, from the first gate electrode into a substrate for its recognized suitability as an SCR.
Regarding claim 22, in FIG. 17, Ker discloses a first resistor (Rp) electrically connected to the first gate electrode; and a first capacitor (Cp) electrically connected to the first gate electrode.
Regarding claim 24, the combination of Ker and Song discloses (see Song, FIG. 1D) that the second region (N-WELL) is a first well in the substrate, wherein the third region (P-WELL) is a second well in the substrate, wherein the first region (P+) is in the first well, and wherein the fourth region (N+) is in the second well.
Allowable Subject Matter
Claims 25 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 25, in FIGs. 4b and 17, Ker discloses that the second region (N-well/42) is a first well in a deep well in a substrate (30), wherein the third region (P+) is a second well in the deep well, wherein the first region (P/52) is in the first well.
However the prior art failed to disclose or reasonably suggest the claimed device particularly characterized by the fourth region (N) being in the second well.
Response to Arguments
Applicant's arguments filed 8/27/2026 have been fully considered but they are not persuasive.
Applicant’s arguments with respect to claim(s) 1, 21, and 26 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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 TUCKER J WRIGHT whose telephone number is (571)270-3234. The examiner can normally be reached 8:30am-5:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Matthew Landau can be reached at 571-272-1731. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TUCKER J WRIGHT/Primary Examiner, Art Unit 2891
Prosecution Insights