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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1 and 16 are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by US Patent Application Publication No. 2011/0175173 to Takebuchi et al.
Regarding claims 1 and 16, Takebuchi et al. teach a complementary transistor (Fig. 6C), comprising:
a first transistor (20) including:
a first control electrode (21); and
a first active region located below the first control electrode and formed by layering a first A layer (24) and a first B layer (25); and
a second transistor (30) including:
a second control electrode (31); and
a second active region located below the second control electrode formed by layering a second A layer (34) and a second B layer (35).
Allowable Subject Matter
Claims 2 – 15 and 17 – 20 are 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US Patent No. 6,080,626 to Vajana et al. teach a device having first and second control gates, each comprising active regions formed by layering first A and B layers. Vajana et al. do not teach that the device is a complementary transistor.
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DOUGLAS W. OWENS, Esq.
Primary Patent Examiner
Art Unit 2897
/DOUGLAS W OWENS/Primary Patent Examiner, Art Unit 2897