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 .
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 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 19 is rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 3 and 7 of U.S. Patent No. 12,641,827. Although the claims at issue are not identical, they are not patentably distinct from each other because The subject matter of instant claim 19 is found within the limitations of claims 1 (main portion of the claim, support=substrate), 3 (rectangle projection limitation), and 7 (distance limitation).
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.
Claims 11-14 and 17-18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Anderson et al. (US PGPub 2009/0197382).
Claim 11: Anderson teaches [0023-0024] (Fig. 1) an integrated circuit (IC) device, comprising: a substrate; and a first angled structure (100) and a second angled structure over the substrate, wherein: each of the first angled structure and the second angled structure includes a first end, a second end opposite the first end, and a longitudinal axis extending between the first end and the second end, the longitudinal axis of each of the first angled structure and the second angled structure is at an angle between 10 degrees and 80 degrees with respect to an edge of the substrate, and the longitudinal axis of the first angled structure and the longitudinal axis of the second angled structure is a shared longitudinal axis.
Claim 12: Anderson teaches [0023-0024] (Fig. 1) the first end of the first angled structure is opposite the second end of the second angled structure, and each of a projection of the first end of the first angled structure onto a plane parallel to the substrate and a projection of the second end of the second angled structure onto the plane is a straight line.
Claim 13: Anderson teaches [0023-0024] (Fig. 1) the straight line of the projection of the first end of the first angled structure onto the plane is parallel to the straight line of the projection of the second end of the second angled structure onto the plane.
Claim 14: Anderson teaches [0023-0024] (Fig. 1) at least one of the straight line of the projection of the first end of the first angled structure onto the plane and the straight line of the projection of the second end of the second angled structure onto the plane is at an angle between 10 degrees and 80 degrees with respect to the edge of the substrate.
Claim 17: Anderson teaches [0023-0024] (Fig. 1) the first angled structure and the second angled structure are fins or nanoribbons of one or more semiconductor materials.
Claim 18: Anderson teaches [0023-0024] (Fig. 1) a transistor over the substrate, wherein: the transistor includes a source region, a drain region, and a channel region between the source region and the drain region, a line between the source region and the drain region of the transistor is the shared longitudinal axis, and the channel region of the transistor includes a semiconductor material of the first angled structure.
Allowable Subject Matter
The following is a statement of reasons for the indication of allowable subject matter:
Claim 1-10 are allowed. The prior art of record does not teach the subject matter of claim 1, specifically the combination of the vias and the angled structures.
Claims 15-16, and 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
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SARAH KATE SALERNO whose telephone number is (571)270-1266. The examiner can normally be reached M-F 6:30am-2:30pm.
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, Wael Fahmy can be reached at 5712721705. 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.
/SARAH K SALERNO/Primary Examiner, Art Unit 2814
Prosecution Insights