DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
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 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.
Response to Amendment/Restriction
Applicant's election with traverse of Group 1: Species I, Sub-Species 1, and claims 1-3, 6-15, and 17 in the reply filed on June 01, 2026 is acknowledged. The traversal is on the ground(s) that “Applicant respectfully notes that the additional burden to search the three unelected claims after examining the fourteen elected claims is not significant enough to warrant a species/sub-species restriction.” This is not found persuasive because the species comprise different steps for forming the blocking layer and the steps are not obvious variants.
The requirement is still deemed proper and is therefore made FINAL.
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.
Claims 1-3 and 6-11 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. As to claim 1, the limitation “a vertical stack of layers of a first material suspended between structures of a second material…the blocking layer inhibiting diffusion of the etchant gas into the second material” appears to direct to the processing steps on the vertical stack of layers. However, as seen in FIG. 1, the processing steps are directed two distinct devices, where the blocking layer is merely formed on one vertical stack having the first and second materials and the blocking layer merely inhibits the diffusion to the second material of said vertical stack. The target material is removed in another vertical stack also having first and second materials, where the blocking layer is not formed and thus does not inhibit the diffusion. Clarification is required as the diffusion is inhibited in one vertical stack but not in another vertical stack. Thus, the limitation render the claims indefinite and clarification is required.
Allowable Subject Matter
Claims 12-15 and 17 are allowed.
Claims 1-3 and 6-11 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
Prior art made of record is considered pertinent to Applicants’ disclosure: Zhang et al. (US 2020/0350215 A1). Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID CHEN whose telephone number is (571)270-7438. The examiner can normally be reached M-F 12-6.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, JOSHUA BENITEZ can be reached on (571) 270-1435. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DAVID CHEN/Primary Examiner, Art Unit 2815
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