DETAILED ACTION
Notice of 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 .
Response to Arguments
The previously issued specification objection is hereby withdrawn in view of the amended title.
The previously issued 35 U.S.C. § 112(b) rejection is withdrawn in view of canceled claim 3.
The Applicant’s remarks with respect to claims #1, 2, 4-10, 21-27 in the reply filed on June 17, 2026 have been carefully considered and are partially persuasive. Claims 1, 2, 4-10 are indicated as being allowable. Claims 21-27 are rejected under 35 U.S.C. § 112(b).
Claim Objections
As to claim 23, the Examiner suggests “have a same material”.
As to claim 24, the Examiner suggests “comprises silicon oxide”.
Claim Rejections – 35 U.S.C. § 112(b)
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.
Claims 21-27 are rejected under 35 U.S.C. § 112(b) or pre-AIA 35 U.S.C. § 112, 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 pre-AIA the applicant, regards as the invention.
As to claim 21, there is a lack of antecedent basis for “the substrate between the first gate and the second gate” (emphasis added). The Examiner instead assumes “disposed on the substrate and formed between the first gate and the second gate”.
As to claim 24, there is a lack of antecedent basis for “the material”. Did Applicant intend “the same material”?
Indication of Allowable Subject Matter
The following is a statement of reasons for the indication of allowable subject matter: claims 1, 2, 4-10 are indicated as being allowable because Applicant’s arguments are persuasive and prior art to Wu et al. (U.S. Patent Publication No. 2014/0374815 A1), hereafter “Wu”, does not teach “a charge storage layer, only disposed between the first gate and the substrate; a gate dielectric layer, only disposed between the second gate and the substrate” as recited in claim 1. Furthermore, prior art to Shu et al. (U.S. Patent Publication No. 2019/0035799 A1), hereafter “Shu”, does not teach “wherein a separate portion of the gate dielectric layer is connected to the dielectric hump” because structures 118d, 120d of the dielectric hump 242 comprise a dummy seal and dummy dielectric, respectively. No other prior art was found.
Claims 21-27 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
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 extension fee 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 date of this final action.
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/SUBERR L CHI/Primary Examiner, Art Unit 2893
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