CTNF 18/644,657 CTNF 90413 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Information Disclosure Statement 06-52 The information disclosure statement (IDS) submitted on 04/24/2024 was filed before the first action on the merits. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. Double Patenting 08-33 AIA 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. Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 12,002,719. Although the claims at issue are not identical, they are not patentably distinct from each other because claim 1 of U.S. Patent No. 12,002,719 recites all of the limitations in claim 1 of the instant application. 08-34 AIA Claim 2 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 2 of U.S. Patent No. 12,002,719 . Although the claims at issue are not identical, they are not patentably distinct from each other because claim 2 of U.S. Patent No. 12,002,719 recites all of the limitations in claim 2 of the instant application . 08-34 AIA Claim 3 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 3 of U.S. Patent No. 12,002,719 . Although the claims at issue are not identical, they are not patentably distinct from each other because claim 3 of U.S. Patent No. 12,002,719 recites all of the limitations in claim 3 of the instant application . 08-34 AIA Claim 4 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 4 of U.S. Patent No. 12,002,719. Although the claims at issue are not identical, they are not patentably distinct from each other because claim 4 of U.S. Patent No. 12,002,719 recites all of the limitations in claim 4 of the instant application. Claim 5 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 5 of U.S. Patent No. 12,002,719. Although the claims at issue are not identical, they are not patentably distinct from each other because claim 5 of U.S. Patent No. 12,002,719 recites all of the limitations in claim 5 of the instant application. Claim 6 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 7 of U.S. Patent No. 12,002,719 . Although the claims at issue are not identical, they are not patentably distinct from each other because claim 7 of U.S. Patent No. 12,002,719 recites all of the limitations in claim 6 of the instant application . 08-34 AIA Claim 7 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 7 of U.S. Patent No. 12,002,719 . Although the claims at issue are not identical, they are not patentably distinct from each other because claim 7 of U.S. Patent No. 12,002,719 recites all of the limitations in claim 7 of the instant application . 08-34 AIA Claim 8 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 9 of U.S. Patent No. 12,002,719. Although the claims at issue are not identical, they are not patentably distinct from each other because claim 9 of U.S. Patent No. 12,002,719 recites all of the limitations in claim 8 of the instant application. Claim 10 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 10 of U.S. Patent No. 12,002,719 . Although the claims at issue are not identical, they are not patentably distinct from each other because claim 10 of U.S. Patent No. 12,002,719 recites all of the limitations in claim 10 of the instant application . 08-34 AIA Claim 11 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 12 of U.S. Patent No. 12,002,719 . Although the claims at issue are not identical, they are not patentably distinct from each other because claim 12 of U.S. Patent No. 12,002,719 recites all of the limitations in claim 11 of the instant application . 08-34 AIA Claim 12 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 13 of U.S. Patent No. 12,002,719 . Although the claims at issue are not identical, they are not patentably distinct from each other because claim 13 of U.S. Patent No. 12,002,719 recites all of the limitations in claim 12 of the instant application . 08-34 AIA Claim 13 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 14 of U.S. Patent No. 12,002,719 . Although the claims at issue are not identical, they are not patentably distinct from each other because claim 14 of U.S. Patent No. 12,002,719 recites all of the limitations in claim 13 of the instant application . 08-34 AIA Claim 14 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 15 of U.S. Patent No. 12,002,719. Although the claims at issue are not identical, they are not patentably distinct from each other because claim 15 of U.S. Patent No. 12,002,719 recites all of the limitations in claim 14 of the instant application. Claim 15 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 16 of U.S. Patent No. 12,002,719 . Although the claims at issue are not identical, they are not patentably distinct from each other because claim 16 of U.S. Patent No. 12,002,719 recites all of the limitations in claim 15 of the instant application . 08-34 AIA Claim 16 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 17 of U.S. Patent No. 12,002,719 . Although the claims at issue are not identical, they are not patentably distinct from each other because claim 17 of U.S. Patent No. 12,002,719 recites all of the limitations in claim 16 of the instant application . 08-34 AIA Claim 17 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 18 of U.S. Patent No. 12,002,719 . Although the claims at issue are not identical, they are not patentably distinct from each other because claim 18 of U.S. Patent No. 12,002,719 recites all of the limitations in claim 17 of the instant application . 08-34 AIA Claim 18 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 19 of U.S. Patent No. 12,002,719 . Although the claims at issue are not identical, they are not patentably distinct from each other because claim 19 of U.S. Patent No. 12,002,719 recites all of the limitations in claim 18 of the instant application . 08-34 AIA Claim 19 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 16 of U.S. Patent No. 12,002,719 . Although the claims at issue are not identical, they are not patentably distinct from each other because claim 16 of U.S. Patent No. 12,002,719 recites all of the limitations in claim 19 of the instant application . 08-34 AIA Claim 20 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 16 of U.S. Patent No. 12,002,719 . Although the claims at issue are not identical, they are not patentably distinct from each other because claim 16 of U.S. Patent No. 12,002,719 recites all of the limitations in claim 20 of the instant application . 12-57 AIA Prior art of record Re claim 1 , Lee et al. (2015/0091127) teaches a method (Figs. 17A-F) comprising: patterning a trench in a semiconductor substrate [140]; depositing a first insulating material (143) in the trench, wherein depositing the first insulating material comprises forming a first seam extending a first depth into the first insulating material [140-148], yet remains explicitly silent to recessing the first insulating material; and after recessing the first insulating material, depositing a second insulating material in the trench over the first insulating material, wherein depositing the second insulating material comprises forming a second seam extending a second depth into the second insulating material. Re claim 10 , Lee et al. (2015/0091127) teaches a method (Figs. 17A-F) comprising: patterning a first trench and a second trench in a semiconductor substrate to define a plurality of semiconductor fins (Fig. 17A), wherein the first trench is wider than the second trench (Fig. 17A); depositing a first insulating material (143) in the first trench and the second trench [140], depositing a second insulating material (145) over the first insulating material (143) in the first trench and the second trench, wherein the second insulating material comprises a first seam in the first trench and a second seam in the second trench, yet remains explicitly silent to wherein the first insulating material comprises silicon, oxygen, carbon, nitrogen, or a combination thereof; etching the first insulating material below tops of the plurality of semiconductor fins; and wherein the second insulating material comprises a first seam in the first trench and a second seam in the second trench, and wherein the second seam extends closer to the first insulating material than the first seam. Re claim 15 , Lee et al. (2015/0091127) teaches a device (Figs. 17A-F) comprising: a first isolation structure (143) in a semiconductor substrate (102); a first seam in the first isolation structure [140]; a second isolation structure (145) in the semiconductor substrate (102), wherein the first isolation structure (143) is wider than the second isolation structure (145), yet remains explicitly silent to a second seam in the second isolation structure, wherein the second seam extends deeper than the first seam; and a semiconductor fin between the first isolation structure and the second isolation structure. Allowable Subject Matter 13-03-01 AIA The following is a statement of reasons for the indication of allowable subject matter: The prior art of record does not anticipate or make obvious the method of claim 1 , including each of the limitations and specifically recessing the first insulating material; and after recessing the first insulating material, depositing a second insulating material in the trench over the first insulating material, wherein depositing the second insulating material comprises forming a second seam extending a second depth into the second insulating material, for the same reasons as mentioned for claim 1 in the prior art of record above. The prior art of record does not anticipate or make obvious the method of claim 10 , including each of the limitations and specifically wherein the first insulating material comprises silicon, oxygen, carbon, nitrogen, or a combination thereof; etching the first insulating material below tops of the plurality of semiconductor fins; and wherein the second insulating material comprises a first seam in the first trench and a second seam in the second trench, and wherein the second seam extends closer to the first insulating material than the first seam, for the same reasons as mentioned for claim 10 in the prior art of record above. The prior art of record does not anticipate or make obvious the device of claim 15 , including each of the limitations and specifically a second seam in the second isolation structure, wherein the second seam extends deeper than the first seam; and a semiconductor fin between the first isolation structure and the second isolation structure, for the same reasons as mentioned for claim 15 in the prior art of record above . Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to ADAM S BOWEN whose telephone number is (571)272-3984. The examiner can normally be reached M-F 9-5. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Fernando Toledo can be reached on 571-272-1867. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /FERNANDO L TOLEDO/Supervisory Patent Examiner, Art Unit 2897 /ADAM S BOWEN/Examiner, Art Unit 2897 Application/Control Number: 18/644,657 Page 2 Art Unit: 2897 Application/Control Number: 18/644,657 Page 3 Art Unit: 2897 Application/Control Number: 18/644,657 Page 4 Art Unit: 2897 Application/Control Number: 18/644,657 Page 5 Art Unit: 2897 Application/Control Number: 18/644,657 Page 6 Art Unit: 2897 Application/Control Number: 18/644,657 Page 7 Art Unit: 2897 Application/Control Number: 18/644,657 Page 8 Art Unit: 2897 Application/Control Number: 18/644,657 Page 9 Art Unit: 2897 Application/Control Number: 18/644,657 Page 10 Art Unit: 2897 Application/Control Number: 18/644,657 Page 11 Art Unit: 2897
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