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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on May 7, 2024 and October 22, 2024 were in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
Election/Restrictions
Applicant’s election without traverse of Invention I (claims 1-15, and newly added claims 21-25) in the reply filed on 07/17/2026 is acknowledged.
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 1-9 were 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 pre-AIA the applicant regards as the invention. Claim 1 recites “a capacitor, comprising: a first spiral electrode over a substrate; and a second spiral electrode over the substrate, wherein the second spiral electrode is concentric with the first spiral electrode, and a first turn of the second spiral electrode connecting to a spiral center of the second spiral electrode is free of a via thereon”. The Examiner is not sure what is meant by i) “the second spiral electrode is concentric with the first spiral electrode” and ii) “a first turn “ (which portion of the second (or first) spiral electrode should be considered to constitute the first turn (or the second turn)); and iii) “spiral center”. The Applicant has not explained in the specification much about these terms. It is not possible for the Examiner to ascertain the metes and bounds of these terms without any guidance from the Applicant. Further claim 2 recites “a first turn of the second spiral electrode connecting to a spiral center of the first spiral electrode is free of a via thereon”. Again, the Examiner is not sure what is really meant by this expression. Similar confusion exists with the limitations of claims 3, 4 and 9.
Appropriate correction/clarification is requested. Claims 2-9 inherit the 35 U.S.C. 112(b) or 35 U.S.C. 112, 2nd paragraph (pre-AIA ) rejections based on their dependencies on claim 1.
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 claims at issue 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); and 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 a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO internet Web site contains terminal disclaimer forms which may be used. Please visit http://www.uspto.gov/forms/. The filing date of the application will determine what form should be used. A web-based e-Terminal Disclaimer may be filled out completely online using web-screens. An e-Terminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about e-Terminal Disclaimers, refer to http://www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-15 and 21-25 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. US 11,489,039 B2. Although the claims at issue are not identical, they are not patentably distinct from each other.
Regarding Claim 1, Patent No.: US 11,489,039 B2 discloses a capacitor, comprising: a first spiral electrode over a substrate (claim 20); and a second spiral electrode over the substrate, wherein the second spiral electrode is concentric with the first spiral electrode, and a first turn of the second spiral electrode connecting to a spiral center of the second spiral electrode is free of a via thereon (claim 20).
Regarding Claim 2, Patent No.: US 11,489,039 B2, as applied to claim 1, discloses the capacitor, wherein a first turn of the second spiral electrode connecting to a spiral center of the first spiral electrode is free of a via thereon (claim 20).
Regarding Claim 3, Patent No.: US 11,489,039 B2, as applied to claim 2, discloses the capacitor, wherein a second turn of the first spiral electrode connecting to the first turn of the first spiral electrode is free of a via thereon (claim 20).
Regarding Claim 4, Patent No.: US 11,489,039 B2, as applied to claim 2, discloses the capacitor, wherein a second turn of the second spiral electrode connecting to the first turn of the second spiral electrode is free of a via thereon (claim 20).
Regarding Claim 5, Patent No.: US 11,489,039 B2, as applied to claim 1, discloses the capacitor, further comprising: a plurality of first through vias electrically coupled to the first spiral electrode; and a plurality of second through vias electrically coupled to the second spiral electrode, wherein the first through vias and the second through vias define a via-free region larger than twice a spacing of the first and second spiral electrodes (claim 20).
Regarding Claim 6, Patent No.: US 11,489,039 B2, as applied to claim 1, discloses the capacitor, further comprising: a common electrode laterally between the first and second spiral electrodes (claim 20).
Regarding Claim 7, Patent No.: US 11,489,039 B2, as applied to claim 1, discloses the capacitor, wherein the second spiral electrode is in a same level height as the first spiral electrode (claim 20).
Regarding Claim 8, Patent No.: US 11,489,039 B2, as applied to claim 1, discloses the capacitor, further comprising: a third spiral electrode over the substrate, wherein the third spiral electrode is in a different level height than the first and second spiral electrodes (claim 20).
Regarding Claim 9, Patent No.: US 11,489,039 B2, as applied to claim 8, discloses the capacitor, wherein a first turn of the third spiral electrode connecting to a spiral center of the third spiral electrode is free of a via thereon (claim 20).
Regarding Claim 10, Patent No.: US 11,489,039 B2 discloses a capacitor, comprising: a first spiral electrode (claim 17); a second spiral electrode in a same level height as the first spiral electrode (claim 17); a first common electrode laterally between the first and second spiral electrodes (claim 17); and a second common electrode in a different level height than the first and second spiral electrodes and vertically overlapping with the first common electrode (claims 17-19).
Regarding Claim 11, Patent No.: US 11,489,039 B2, as applied to claim 10, discloses the capacitor, wherein the second spiral electrode is concentric with the first spiral electrode (claim 17).
Regarding Claim 12, Patent No.: US 11,489,039 B2, as applied to claim 10, discloses the capacitor, wherein the first and second spiral electrodes have a same spiral rotating direction (claim 17).
Regarding Claim 13, Patent No.: US 11,489,039 B2, as applied to claim 10, discloses the capacitor, wherein the first common electrode has a spiral pattern from a top view (claim 17).
Regarding Claim 14, Patent No.: US 11,489,039 B2, as applied to claim 10, discloses the capacitor, further comprising: a third spiral electrode in a same level height as the second common electrode and vertically overlapping with the first spiral electrode (claim 19).
Regarding Claim 15, Patent No.: US 11,489,039 B2, as applied to claim 14, discloses the capacitor, further comprising: a fourth spiral electrode in the same level height as the second common electrode and vertically overlapping with the second spiral electrode (claim 19).
Regarding Claim 21, Patent No.: US 11,489,039 B2 discloses a capacitor, comprising: a substrate (claim 17); a first quadrilateral spiral electrode, a second quadrilateral spiral electrode, and a first spiral quadrilateral common electrode disposed over the substrate (claim 17 with claim 16); a third quadrilateral spiral electrode, a fourth quadrilateral spiral electrode, and a second spiral quadrilateral common electrode disposed over the first quadrilateral spiral electrode, the second quadrilateral spiral electrode, and the first spiral quadrilateral common electrode (claims 17-19 with claim 16).
Regarding Claim 22, Patent No.: US 11,489,039 B2, as applied to claim 21, discloses the capacitor, wherein the first quadrilateral spiral electrode, the second quadrilateral spiral electrode, and the first spiral quadrilateral common electrode are concentric (claim 18 with claim 16).
Regarding Claim 23, Patent No.: US 11,489,039 B2, as applied to claim 21, discloses the capacitor, wherein the second spiral quadrilateral common electrode is laterally between the third and fourth quadrilateral spiral electrodes (claim 19 with claim 16).
Regarding Claim 24, Patent No.: US 11,489,039 B2, as applied to claim 21, discloses the capacitor, wherein the second spiral quadrilateral common electrode vertically overlaps with the first spiral quadrilateral common electrode (claims 17-19 with claim 16).
Regarding Claim 25, Patent No.: US 11,489,039 B2, as applied to claim 21, discloses the capacitor, wherein the third quadrilateral spiral electrode extends in a quadrilateral spiral path in a top view, and the third and fourth quadrilateral spiral electrodes have a substantially equal spacing therebetween along the quadrilateral spiral path (claims 17-19 with claim 16).
Claims 1-4, 6-15 and 21-25 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. US 12,009,388 B2. Although the claims at issue are not identical, they are not patentably distinct from each other.
Regarding Claim 1, Patent No.: US 12,009,388 B2 discloses a capacitor, comprising: a first spiral electrode over a substrate (claim 12-13); and a second spiral electrode over the substrate, wherein the second spiral electrode is concentric with the first spiral electrode, and a first turn of the second spiral electrode connecting to a spiral center of the second spiral electrode is free of a via thereon (claims 12-13).
Regarding Claim 2, Patent No.: US 12,009,388 B2, as applied to claim 1, discloses the capacitor, wherein a first turn of the second spiral electrode connecting to a spiral center of the first spiral electrode is free of a via thereon (claim 13).
Regarding Claim 3, Patent No.: US 12,009,388 B2, as applied to claim 2, discloses the capacitor, wherein a second turn of the first spiral electrode connecting to the first turn of the first spiral electrode is free of a via thereon (claim 13).
Regarding Claim 4, Patent No.: US 12,009,388 B2, as applied to claim 2, discloses the capacitor, wherein a second turn of the second spiral electrode connecting to the first turn of the second spiral electrode is free of a via thereon (claim 13).
Regarding Claim 6, Patent No.: US 12,009,388 B2, as applied to claim 1, discloses the capacitor, further comprising: a common electrode laterally between the first and second spiral electrodes (claim 13 with claim 15).
Regarding Claim 7, Patent No.: US 12,009,388 B2, as applied to claim 1, discloses the capacitor, wherein the second spiral electrode is in a same level height as the first spiral electrode (claims 12-13).
Regarding Claim 8, Patent No.: US 12,009,388 B2, as applied to claim 1, discloses the capacitor, further comprising: a third spiral electrode over the substrate, wherein the third spiral electrode is in a different level height than the first and second spiral electrodes (claims 12-13).
Regarding Claim 9, Patent No.: US 12,009,388 B2, as applied to claim 8, discloses the capacitor, wherein a first turn of the third spiral electrode connecting to a spiral center of the third spiral electrode is free of a via thereon (claims 12-13).
Regarding Claim 10, Patent No.: US 12,009,388 B2 discloses a capacitor, comprising: a first spiral electrode (claims 10-14); a second spiral electrode in a same level height as the first spiral electrode (claims 10-14); a first common electrode laterally between the first and second spiral electrodes (claims 10-14); and a second common electrode in a different level height than the first and second spiral electrodes and vertically overlapping with the first common electrode (claims 10-14).
Regarding Claim 11, Patent No.: US 12,009,388 B2, as applied to claim 10, discloses the capacitor, wherein the second spiral electrode is concentric with the first spiral electrode (claims 10-14).
Regarding Claim 12, Patent No.: US 12,009,388 B2, as applied to claim 10, discloses the capacitor, wherein the first and second spiral electrodes have a same spiral rotating direction (claims 10-14).
Regarding Claim 13, Patent No.: US 12,009,388 B2, as applied to claim 10, discloses the capacitor, wherein the first common electrode has a spiral pattern from a top view (claims 10--14).
Regarding Claim 14, Patent No.: US 12,009,388 B2, as applied to claim 10, discloses the capacitor, further comprising: a third spiral electrode in a same level height as the second common electrode and vertically overlapping with the first spiral electrode (claims 10-14).
Regarding Claim 15, Patent No.: US 12,009,388 B2, as applied to claim 14, discloses the capacitor, further comprising: a fourth spiral electrode in the same level height as the second common electrode and vertically overlapping with the second spiral electrode (claims 10-14).
Regarding Claim 21, Patent No.: US 12,009,388 B2 discloses a capacitor, comprising: a substrate (claims 15-20); a first quadrilateral spiral electrode, a second quadrilateral spiral electrode, and a first spiral quadrilateral common electrode disposed over the substrate (claims 15-20); a third quadrilateral spiral electrode, a fourth quadrilateral spiral electrode, and a second spiral quadrilateral common electrode disposed over the first quadrilateral spiral electrode, the second quadrilateral spiral electrode, and the first spiral quadrilateral common electrode (claims 15-20).
Regarding Claim 22, Patent No.: US 12,009,388 B2, as applied to claim 21, discloses the capacitor, wherein the first quadrilateral spiral electrode, the second quadrilateral spiral electrode, and the first spiral quadrilateral common electrode are concentric (claims 15-20).
Regarding Claim 23, Patent No.: US 12,009,388 B2, as applied to claim 21, discloses the capacitor, wherein the second spiral quadrilateral common electrode is laterally between the third and fourth quadrilateral spiral electrodes (claims 15-20).
Regarding Claim 24, Patent No.: US 12,009,388 B2, as applied to claim 21, discloses the capacitor, wherein the second spiral quadrilateral common electrode vertically overlaps with the first spiral quadrilateral common electrode (claims 15-20).
Regarding Claim 25, Patent No.: US 12,009,388 B2, as applied to claim 21, discloses the capacitor, wherein the third quadrilateral spiral electrode extends in a quadrilateral spiral path in a top view, and the third and fourth quadrilateral spiral electrodes have a substantially equal spacing therebetween along the quadrilateral spiral path (claims 15-20).
Claim Rejections - 35 USC § 102
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.
Claims 1-5, 7-15 and 21-25 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yang et al. (Pub. No.: US 2007/0102788 A1).
Regarding Claim 1, Yang et al. discloses
a capacitor, comprising: a first spiral electrode over a substrate (Par. 0037; Fig. 9 – first spiral electrode 506); and a second spiral electrode over the substrate, wherein the second spiral electrode is concentric with the first spiral electrode, and a first turn of the second spiral electrode connecting to a spiral center of the second spiral electrode is free of a via thereon (Par. 0037; Fig. 9 – second spiral electrode 510).
Regarding Claim 2, Yang et al., as applied to claim 1, discloses
the capacitor, wherein a first turn of the second spiral electrode connecting to a spiral center of the first spiral electrode is free of a via thereon (Fig. 9).
Regarding Claim 3, Yang et al., as applied to claim 2, discloses
the capacitor, wherein a second turn of the first spiral electrode connecting to the first turn of the first spiral electrode is free of a via thereon (Fig. 9).
Regarding Claim 4, Yang et al., as applied to claim 1, discloses
the capacitor, wherein a second turn of the second spiral electrode connecting to the first turn of the second spiral electrode is free of a via thereon (Fig. 9).
Regarding Claim 5, Yang et al., as applied to claim 1, discloses
the capacitor, further comprising: a plurality of first through vias electrically coupled to the first spiral electrode; and a plurality of second through vias electrically coupled to the second spiral electrode, wherein the first through vias and the second through vias define a via-free region larger than twice a spacing of the first and second spiral electrodes (Figs. 9-10) .
Regarding Claim 7, Yang et al., as applied to claim 1, discloses
the capacitor, wherein the second spiral electrode is in a same level height as the first spiral electrode (Figs. 9-10) .
Regarding Claim 8, Yang et al., as applied to claim 1, discloses
the capacitor, further comprising: a third spiral electrode over the substrate, wherein the third spiral electrode is in a different level height than the first and second spiral electrodes (Figs. 9-10).
Regarding Claim 9, Yang et al., as applied to claim 8, discloses
the capacitor, wherein a first turn of the third spiral electrode connecting to a spiral center of the third spiral electrode is free of a via thereon (Figs. 9-10) .
Regarding Claim 10, Yang et al. discloses
a capacitor, comprising: a first spiral electrode (Par. 0037; Fig. 9 – first spiral electrode 506);
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650
494
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a second spiral electrode in a same level height as the first spiral electrode (Par. 0037; Fig. 9 – second spiral electrode 514); a first common electrode laterally between the first and second spiral electrodes (Par. 0037; Fig. 9 – first common electrode 518); and a second common electrode in a different level height than the first and second spiral electrodes and vertically overlapping with the first common electrode (Par. 0037; Figs. 9-10; see annotated Fig. 10).
Regarding Claim 11, Yang et al., as applied to claim 10, discloses
the capacitor, wherein the second spiral electrode is concentric with the first spiral electrode (Fig. 9).
Regarding Claim 12, Yang et al., as applied to claim 10, discloses
the capacitor, wherein the first and second spiral electrodes have a same spiral rotating direction (Fig. 9).
Regarding Claim 13, Yang et al., as applied to claim 10, discloses
the capacitor, wherein the first common electrode has a spiral pattern from a top view (Fig. 9).
Regarding Claim 14, Yang et al., as applied to claim 10, discloses
the capacitor, further comprising: a third spiral electrode in a same level height as the second common electrode and vertically overlapping with the first spiral electrode (Figs. 9-10 and annotated Fig. 10 above).
Regarding Claim 15, Yang et al., as applied to claim 14, discloses
the capacitor, further comprising: a fourth spiral electrode in the same level height as the second common electrode and vertically overlapping with the second spiral electrode (Figs. 9-10 and annotated Fig. 10 above).
Regarding Claim 21, Yang et al. discloses
a capacitor, comprising: a substrate (Par. 0027-0028);
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652
518
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Greyscale
a first quadrilateral spiral electrode, a second quadrilateral spiral electrode, and a first spiral quadrilateral common electrode disposed over the substrate (Par. 0037; Figs. 9-10; see annotated Fig. 10); and a third quadrilateral spiral electrode, a fourth quadrilateral spiral electrode, and a second spiral quadrilateral common electrode disposed over the first quadrilateral spiral electrode, the second quadrilateral spiral electrode, and the first spiral quadrilateral common electrode (Par. 0037; Figs. 9-10; see annotated Fig. 10).
Regarding Claim 22, Yang et al., as applied to claim 21, discloses
the capacitor, wherein the first quadrilateral spiral electrode, the second quadrilateral spiral electrode, and the first spiral quadrilateral common electrode are concentric (Fig. 9).
Regarding Claim 23, Yang et al., as applied to claim 21, discloses
the capacitor, wherein the second spiral quadrilateral common electrode is laterally between the third and fourth quadrilateral spiral electrodes (see annotated Fig. 10).
Regarding Claim 24, Yang et al., as applied to claim 21, discloses
the capacitor, wherein the second spiral quadrilateral common electrode vertically overlaps with the first spiral quadrilateral common electrode (see annotated Fig. 10).
Regarding Claim 25, Yang et al., as applied to claim 21, discloses
the capacitor, wherein the third quadrilateral spiral electrode extends in a quadrilateral spiral path in a top view, and the third and fourth quadrilateral spiral electrodes have a substantially equal spacing therebetween along the quadrilateral spiral path (see annotated Fig. 10).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Lu et al. (Patent No.: US 9698214 B1 – This prior art teaches a capacitor, comprising: a first spiral electrode (102) over a substrate; and a second spiral electrode (102) over the substrate, wherein the second spiral electrode is concentric with the first spiral electrode, and a first turn of the second spiral electrode connecting to a spiral center of the second spiral electrode is free of a via thereon (Fig. 4A-4B).
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08/19/2026
/SYED I GHEYAS/Primary Examiner, Art Unit 2893
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