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 without traverse of claims 1-15 in the reply filed on 6/8/26 is acknowledged.
Claim 15 was inadvertently included in the device or structure invention in the restriction requirement, however claim 15 is a processing system which involves a series of processing steps, it should have been included in the process invention, since applicant has elected the device invention to be examined, the claim 15 has been withdrawn from consideration.
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.
Claim 1 recites the limitation "the source" in line 5. There is insufficient antecedent basis for this limitation in the claim.
Claim 1 recites the limitation "the drain" in lines 5 and 6. There is insufficient antecedent basis for this limitation in the claim.
Claim 1 recites the limitation "the channel" in line 11. There is insufficient antecedent basis for this limitation in the claim.
Claims 1-14 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.
In claim 1, line 7, it is unclear where and how the first gate region is formed because it is unclear where and how the p-MOS region is formed, thus claim is indefinite.
In claim 1, line 11, it is unclear where and how the second gate region is formed because it is unclear where and how the n-MOS region is formed, thus claim is indefinite.
In claim 1, lines 11-12, it is unclear the first gate is formed to enclose the channel while the channel is being located between the source and drain regions, thus claim is indefinite (as shown in fig. 4 of specification, the channel portion 326 is between source/drain regions 304, but the gate 306 is not enclosing it, the channel portion 316 is enclosed by the gate but not between the source/drain regions)
In claim 6, line 2, it is unclear how the horizontally extending channels are formed, thus claim is indefinite.
Examiner’s Cited References
The cited references generally show the similar or related structure having a gate structure having a first gate region in PMOS region and a second gate region in NMOS region, the first gate region having a diffusion break of stressed dielectric and the second gate region having a gate enclosing a channel between source/drain as presently claimed by applicant.
Conclusion
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LONG . PHAM
Examiner
Art Unit 2823
/LONG PHAM/Primary Examiner, Art Unit 2897
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