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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 12/04/2024 and 07/31/2023 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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. 11,735,263. Although the claims at issue are not identical, they are not patentably distinct from each other because the current invention claims the same features as the issued patent. In other words, the current invention is broader than the issued patent.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 1,165,705. Although the claims at issue are not identical, they are not patentably distinct from each other because the current invention claims the same features as the issued patent. In other words, the current invention is broader than the issued patent.
Allowable Subject Matter
The current claims are currently rejected under nonstatutory double patenting rejection above. The claims 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, generating, by a tracking circuit, a second set of leakage currents, the second set of leakage currents configured to track the first set of leakage currents of the first memory cell array; generating, by a first current source, a second write current; and mirroring, by a first current mirror, the first current in a first path with a second current in a second path, the second current including the second set of leakage currents and the second write current, the first write current corresponding to the second write current, and the first set of leakage currents corresponding to the second set of leakage currents.
with regards to claim 12, tracking, by a tracking circuit, a first set of leakage currents of a first column of memory cells thereby generating a second set of leakage currents; and mirroring, by a first current mirror, a first current in a first path with a second current in a second path, the first current including the first set of leakage currents and a first write current, the second current including the second set of leakage currents and a second write current, the first write current corresponding to the second write current, and the first set of leakage currents corresponding to the second set of leakage currents.
With regards to claim 19, selecting, by a second word line voltage, a first tracking cell in a first column of tracking cells of a tracking circuit; generating a second set of leakage currents by the tracking circuit, the second set of leakage currents configured to track the first set of leakage currents of the first column of memory cells; and mirroring, by a first current mirror, the first current in a first path with a second current in a second path, the second current including the second set of leakage currents and a second write current, the first write current corresponding to the second write current, and the first set of leakage currents corresponding to the second set of leakage currents.
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
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