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 .
Claim Objections
Claims 1 and 15 are objected to because of the following informalities:
The claims recite “wherein the MSB part comprises:” and it should be --, and wherein the MSB part comprises:--
Appropriate correction is required.
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 16 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.
The claims recite “a number of the LSBs of the word is M, and M is a positive integer.” However, positive integer can be 1, but the claim describes the LSBs to have two bits. Therefore, the claim needs to be amended to have M equal to or greater than 2, or M is a positive integer greater than 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 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.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,069,970. Although the claims at issue are not identical, they are not patentably distinct from each other because the current application claims similar features as the issued patent. The current application is broader than the issued patent. The current application have similar features such as a memory array, comprising a memory unit forming one word in the memory array, wherein the memory unit comprises a least significant bit (LSB) part and a most significant bit (MSB) part, wherein the LSB part comprises: a first memory cell, configured to store at least two bits of LSBs of the word, wherein the first memory cell is a phase change memory cell including GST with a specific percentage of Nitrogen doping, the MSB part comprises: at least one third second memory cell, configured to store only one bit of MSB of the word.
Allowable Subject Matter
Claims 1-20 are rejected under double patenting rejection above, but would be allowable if the double patenting rejection is overcame.
The following is a statement of reasons for the indication of allowable subject matter:
After further search and consideration it is determined that the prior art of record neither anticipated nor renders obvious the claimed subject matter of the instant application as a whole either taken alone or in combination, in particular, prior art of record does not teach, the following limitation(s) in combination with the remaining claimed limitation:
With regards to claim 1, wherein the LSB part comprises: a first memory cell, configured to store at least two bits of LSBs of the word, wherein the first memory cell is a phase change memory cell including GST with a specific percentage of Nitrogen doping, the MSB part comprises: at least one third second memory cell, configured to store only one bit of MSB of the word.
With regards to claim 9, wherein the LSB part comprises: a first memory cell, configured to store at least two bits of at least two first bits of LSBs of the word; a second memory cell, configured to store at least two bits of at least two second bits of the LSBs, wherein the first memory cell is a phase change memory cell including Ge2Sb2Te5 with a first percentage of Nitrogen doping; and wherein the MSB part comprises: at least one third memory cell, configured to store only one bit of MSB of the word, wherein the third memory cell is a phase change memory cell including Ge2Sb2Te5 with a second percentage of Nitrogen doping.
With regards to claim 15, wherein the LSB part comprises: a first memory cell, configured to store at least two bits of LSBs of the word, and the first memory cell is a resistive random access memory (RRAM) cell; and wherein the MSB part comprises: at least one second memory cell, configured to store only one bit of MSB of the word.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KHAMDAN N ALROBAIE whose telephone number is (571)270-7099. The examiner can normally be reached Monday to Thursday (8AM till 6PM).
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/Khamdan N. Alrobaie/Primary Examiner, Art Unit 2824