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 .
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.
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Claims 1-3, 8, 9, 12-16, and 20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims of U.S. Patent No. 12,051,691. Although the claims at issue are not identical, they are not patentably distinct from each other because the limitations presented in the claims of this application have already been recited in USP12051691.
Regarding claim 1, USP12051691 recites the limitations of a device, comprising:
a source region coupled to a first electrical node. (column 12, line 69);
a drain region coupled to a second electrical node different from the first electrical node (column 13, lines 1-2); and
an extended drain region disposed between the source region and the drain region and comprising electrically floating doped regions and gate regions coupled to the second electrical node (column 13, lines 3-5), wherein the first electrical node is connected to a first potential and the second electrical node is connected to a second potential different than the first potential (column 13, lines 10-12).
Regarding claim 2, USP12051691 recites the limitations of the electrically floating doped regions are disposed in an alternating manner with the gate regions (column 13, lines 6-7).
Regarding claim 3, USP12051691 recites the limitations of at least one of the electrically floating doped regions is coupled to a third electrical node (column 13, lines 8-9).
Regarding claim 8, USP12051691 recites the limitations of a device, comprising:
a substrate with first and second doped regions formed thereon, wherein the first and second doped regions comprise opposite conductivities (column 13, lines 35-37);
a source region within the first doped region (column 13, line 38);
a drain region within the second doped region (column 13, line 39).; and
electrically floating doped regions positioned between the source and drain regions (column 13, line 40-41), wherein the source region is connected to a first potential, and wherein the drain region and electrically floating doped regions are connected to a second potential different than the first potential (column 13, lines 47-50).
Regarding claim 9, USP12051691 recites the limitations of each electrically floating doped region comprises a same conductivity as the second doped region (claim 10).
Regarding claim 12, USP12051691 recites the limitations of the source region has an opposite conductivity type to the first doped region and the drain region has a same conductivity type as the second doped region (claim 9).
Regarding claim 13, USP12051691 recites the limitations of an other source region between the source region and the electrically floating doped regions (claim 11).
Regarding claim 14, USP12051691 recites the limitations of the other source region and the source region are coupled to a common electrical node (claim 12).
Regarding claim 15, USP12051691 recites the limitations of an electrostatic discharge (ESD) protection device comprising:
a source region coupled to a power rail (column 14, line 32);
a drain region coupled to an input/output (I/O) pad (column 14, line 33); and
a region between the source and drain regions comprising (column 14, line 34):
gate regions coupled to the I/O pad (column 14, line 35); and
electrically floating doped regions alternating with each of the gate regions (column 14, line 36 and column 13, lines 6-7).
Regarding claim 16, USP12051691 recites the limitations of the region between the source and drain regions is an extended drain region and the electrically floating doped regions are electrically floating doped regions (claim 18).
Regarding claim 20, USP12051691 recites the limitations of the source region is within a first doped region and the electrically floating doped regions and the drain region are in a second doped region (claim 20).
Allowable Subject Matter
Claims 4-7, 10, 11, and 17-19 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 QUOVAUNDA JEFFERSON whose telephone number is (571)272-5051. The examiner can normally be reached M-F 7AM-4PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Dale E Page can be reached at 571-270-7877. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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QVJ
/DALE E PAGE/Supervisory Patent Examiner, Art Unit 2899
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