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 invention I, species I, corresponding to claims 1-4 and 9-14, in the reply filed on 06/30/2026 is acknowledged.
Claims 5-8 and 15-38 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to nonelected invention and species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 06/30/2026.
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 2 and 13-14 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.
Claim 2 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being incomplete for omitting essential structural cooperative relationships of elements, such omission amounting to a gap between the necessary structural connections. See MPEP § 2172.01. The omitted structural cooperative relationships are between the first direction and a third direction.
The term “substantially” in claim 2 is a relative term which renders the claim indefinite. The term “substantially” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. The limitation of the claims “at the substantially same level as the first insulating layers” has been rendered indefinite by use of the term “substantially”.
Claim 13 recites the limitation "the third direction" in line 3. There is insufficient antecedent basis for this limitation in the claim.
Claim 14 recites the limitation "the third direction" in line 3. There is insufficient antecedent basis for this limitation in the claim.
Allowable Subject Matter
Claims 1, 3-4 and 9-12 are allowed.
Claims 2 and 13-14 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.
The following is a statement of reasons for the indication of allowable subject matter:
The prior art of record, Han (US 2021/0257407), discloses a semiconductor device comprising: a stack structure including first access lines and first insulating layers that are alternately stacked, the stack structure extending in a first direction; an electrode pillar extending through the stack structure; second air gaps positioned to correspond to the first insulating layers and surrounding the electrode pillar. See Han, FIGS. 1-2 and 10; paragraphs [0033]-[0037] and [0082]-[0084]. The prior art of records, individually or in combination, do not disclose nor teach “first air gaps positioned to correspond to the first insulating layers, the first air gaps each extending in the first direction along a sidewall of the stack structure” in combination with other limitations as recited in claim 1.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHIH TSUN A CHOU whose telephone number is (408)918-7583. The examiner can normally be reached M-F 8:00-16:00 Arizona Time.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Lynne Gurley can be reached at (571) 272-1670. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SHIH TSUN A CHOU/Primary Examiner, Art Unit 2811
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