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 3/31/25 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.
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Claims 21 and 38 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-2 and 18-19 of U.S. Patent No. 12,302,586. Although the claims at issue are not identical, they are not patentably distinct from each other.
Instant Application
Patent Number 12,302,586
21. A non-volatile data processing or storage device, comprising:
a processing circuit having a substrate and a plurality of nanomagnetic triangles carried by the substrate and spaced apart from one another, the plurality of nanomagnetic triangles having shape-induced magnetic anisotropy and individually include:
a geometric center; and
first, second, and third vertices extending away from the geometric center along first, second, and third axes, respectively, the first axis having a magnetic direction from the geometric center that is different than magnetic directions of the second and third axes from the geometric center; and
wherein one of the plurality of nanomagnetic triangles has a first vertex magnetically coupled to a second vertex of another of the plurality of nanomagnetic triangles such that a magnetic polarity change at the first vertex at the one of the plurality of nanomagnetic triangles causes a responsive magnetic polarity change at the second vertex at the another of the plurality of nanomagnetic triangles to generate an output of the processing circuit.
1. A non-volatile data processing or storage device, comprising:
a processing circuit having a substrate and a plurality of nanomagnetic triangles carried by the substrate and spaced apart from one another, the plurality of nanomagnetic triangles having shape-induced magnetic anisotropy and individually include:
a geometric center; and
first, second, and third vertices extending away from the geometric center along first, second, and third axes, respectively, the first, second, and third axes being at least approximately equal spaced from one another radially; and
wherein one of the plurality of nanomagnetic triangles has a first vertex magnetically coupled to a second vertex of another of the plurality of nanomagnetic triangles such that a magnetic polarity change at the first vertex at the one of the plurality of nanomagnetic triangles causes a responsive magnetic polarity change at the second vertex at the another of the plurality of nanomagnetic triangles to generate an output of the processing circuit.
2. The non-volatile data processing or storage device of claim 1 wherein the plurality of nanomagnetic triangles individually further include:
first, second, and third magnetic directions along each of the first, second, and third axes, respectively; and
the first, second, third magnetic directions are related to one another as to avoid forming a magnetic monopole.
38. A non-volatile data processing or storage device, comprising:
a processing circuit having a substrate and a plurality of nanomagnetic elements spaced apart from one another, the plurality of nanomagnetic elements having shape- induced magnetic anisotropy and individually include:
a geometric center; and
at least three axes extending away from the geometric center, one of the at least three axes having a magnetic direction that is different than magnetic directions of the other axes; and
wherein one of the plurality of nanomagnetic elements is proximate and magnetically coupled to another of the plurality of nanomagnetic elements such that a magnetic polarity change at the one of the plurality of nanomagnetic elements causes a responsive magnetic polarity change at the another of the plurality of nanomagnetic elements to generate an output of the processing circuit.
18. A non-volatile data processing or storage device, comprising:
a processing circuit having a substrate and a plurality of nanomagnetic elements carried by the substrate and spaced apart from one another, the plurality of nanomagnetic elements having shape-induced magnetic anisotropy and individually include:
a geometric center; and
at least three vertices extending away from the geometric center along at least three axes, respectively, the at least three axes being at least approximately equal spaced from one another radially; and
wherein one of the plurality of nanomagnetic elements has a vertex magnetically coupled to another vertex of another of the plurality of nanomagnetic elements such that a magnetic polarity change at the vertex at the one of the plurality of nanomagnetic elements causes a responsive magnetic polarity change at the another vertex at the another of the plurality of nanomagnetic elements to generate an output of the processing circuit.
19. The non-volatile data processing or storage device of claim 18 wherein the plurality of nanomagnetic elements individually further include:
at least three magnetic directions along each of the first, second, and third axes, respectively; and
the at least three directions are related to one another as to avoid forming a magnetic monopole.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jany Richardson whose telephone number is (571)270-5074. The examiner can normally be reached Monday - Friday, 7:30am to 3:30pm.
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/JANY RICHARDSON/Primary Examiner, Art Unit 2845
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