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 18-34 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-17 of U.S. Patent No. 12,068,024. 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 recites similar features except the claims were written in a different format. The current application recites similar limitations such as activate a wordline with a pulse width determined by one or more significant bits of an applied address in combination with at least two desired data error rates, the wordline controller coupled to at least one memory array arranged as a sequence of columns of data, each column of data activated by an associated wordline, the activated wordline causing data from a column of memory cells associated with the wordline to be asserted to bitlines coupled to an input/output driver and the wordline controller causing an associated wordline pulse width to be longer for an address value which has a longer associated wordline than an address value which has a comparatively shorter associated wordline.
Allowable Subject Matter
The current application only rejected under the double patenting rejection. The case will be in condition for allowance if the double patenting rejection is overcame.
The following is a statement of reasons for the indication of allowable subject matter:
Byun (US 2006/0171216 A1) teaches a skewed delay unit (20) adjusting the activation period of a word line by adjusting a pulse width of a pulse signal that activates the line according to an operation mode of a volatile memory device. An inverter receives an output signal of a NAND gate (21), where the activation period of the word line in refresh mode is longer than the activation period of the line in normal operation.
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:
activate a wordline with a pulse width determined by one or more significant bits of an applied address in combination with at least two desired data error rates, and the wordline controller causing an associated wordline pulse width to be longer for an address value which has a longer associated wordline than an address value which has a comparatively shorter associated wordline.
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