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 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 1-12 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 invention.
The claims present one coverage in RE 50,174 and another in the present reissue application.
Pursuant to 37 CFR 1.177(b) all of the claims of the patent to be reissued must be presented in each reissue application in some form, i.e., as amended, as unamended or as canceled. Further, any added claims must be numbered beginning with the next highest number following the last patent claim. It is noted that the same claim of the patent cannot be presented for examination in more than one of the reissue applications, as a pending claim, in either its original or amended versions. If a patent claim is presented in more than one reissue application of a reissue application "family," as a pending claim, then that patent claim must be presented as a canceled claim in all the other reissue applications of that family. Once a claim in the patent has been reissued, it does not exist in the original patent; thus, it cannot be reissued from the original patent in another reissue application.
In this case, patent claims 1-12 should be presented as canceled claims in the instant reissue application. The amended subject matter recited in claims 1-12 should be presented as new claims starting with claim number 13. It is noted that claims 1-12 in RE 50,174 remain in force.
Allowance Over Prior Art
Claims 1-24 are free of prior art.
Reasons for Allowance
The following is an examiner’s statement of reasons for allowance: the prior art made of record teaches a semiconductor device having fin portions, gates and spacers (e.g. Anderson’s fig. 1C). However, it is not disclosed that the one of the gate spacers have an outer surface that is vertically aligned with the sidewall of the end wall of the fin portion as claimed.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LEONARDO ANDUJAR whose telephone number is (571)272-1912. The examiner can normally be reached Monday to Thursday 10 AM to 8 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Patricia L Engle can be reached at (571)272-6660. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Leonardo Andujar/
Primary Examiner
Art Unit 3991 CRU
Conferees:
/LEE E SANDERSON/Reexamination Specialist, Art Unit 3991
/Patricia L Engle/SPRS, Art Unit 3991
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