DETAILED ACTION
Response to Amendments
The Amendment filed 07/17/2026 has been considered. Claims 10-11, 13-20 are pending in the application. Examiner notes the cancellation of Claim 12. Claims 10, 13, 15, and 15 are amended.
Response to Arguments
Applicant’s arguments, see pg. 11 of Remarks filed 07/17/2026 , with respect to the rejection(s) of independent claim(s) 10 (and dependent claims 11, 13-20) under Yoon, Song, and Murray have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of nonstatutory obviousness-type double patenting.
Double Patenting
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. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); 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); 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) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) 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 www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 10-11, 13-20 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 10-20 of copending Application US PG-Pub 2025/0167105 A1 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because they are both drawn to a method of manufacturing a semiconductor device with sequential formation of forming a landing pad, a first nitride layer, a first oxide layer, a second nitride layer, a second oxide layer and a third nitride layer, with trench formation, deposition of a protective liner layer, punching through the nitride layer and the landing pad, etching the first nitride layer, and removing the protective liner layer. In this case, the difference is that the application requires:
• The protective liner layer contacts a top surface of the first nitride layer (instant)
• Isotropically etching the first nitride layer to form an expanding portion and increase an overall width of the expanding portion (instant)
• Depositing a filling material to fill the trench (co-pending)
While the co-pending application is not specific to bullet 1, when the protective liner layer is deposited over the trench, the blanket deposition step would result the same, as understood by a person of ordinary skill in the art (POSITA).
While the co-pending application is not specific to bullet 2, etch can be either isotropic or anisotropic and the resultant etch would necessarily expand the etched portion, as understood by POSITA.
While the instant application is not specific to bullet 3, where trenches are formed, trenches are filled, as understood by the POSITA.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Allowable Subject Matter
Claims 10-11, 13-20 may be allowable, except for the provisional nonstatutory obviousness-type double patenting rejection.
Re: Independent Claim 10 (and its dependent claim(s) 11, 13-20), the prior art made of record do not disclose or suggest, in combination with all other limitations in the claim:
the protective liner layer contacts a top surface of the first nitride layer. The prior art made of record do disclose and suggest a protective liner layer, but it is not taught nor suggested to only contact a top surface of the first nitride layer.
It would not be obvious to a person of ordinary skill in the art (POSITA) before the effective filing date to ensure that the protective liner layer to contact a top surface of the first nitride layer in a method of making a semiconductor device when sequentially forming a landing pad, a first nitride layer, a first oxide layer, a second nitride layer, a second oxide layer, and a third nitride layer; forming a trench running through the third nitride layer, the second oxide layer, the second nitride layer, and the first oxide layer; depositing a protective liner layer on an inner sidewall of the trench and a top surface of the third nitride layer, such that the protective liner layer contacts a top surface of the first nitride layer, and then further punching through the first nitride layer and exposing the landing pad; isotropically etching the first nitride layer to form an expanding portion and increase an overall width of the expanding portion; removing the protective liner layer; and depositing an electrode layer on the inner sidewall of the trench and the top surface of the third nitride layer.
As allowable subject matter has been indicated, applicant's reply must either comply with all formal requirements or specifically traverse each requirement not complied with. See 37 CFR 1.111(b) and MPEP § 707.07(a).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NIMARTA KAUR CHOWDHARY whose telephone number is (571)272-7679. The examiner can normally be reached usually Monday - Thursday, 6:45 AM - 4:45 PM (EST).
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/NIMARTA KAUR CHOWDHARY/Examiner, Art Unit 2898
/Leonard Chang/Supervisory Patent Examiner, Art Unit 2898
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