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 .
DETAILED ACTION
Claim 1-20 pending
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 1-20 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-18 of U.S. Patent No. 12,365,986 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because
Claim 1 state “A method, comprising:
generating a plasma within a plasma unit in fluid communication with a process chamber, wherein the plasma unit comprises a capacitively coupled plasma (CCP) unit;
flowing the plasma through an ion suppressor to produce an activated fluid comprising reactive species and neutral species, wherein the activated fluid has an ion concentration of about 70% to about 99% less than an ion concentration of the plasma;
flowing a mixture of the activated fluid and a silicon precursor to a substrate disposed in the process chamber; and
forming an amorphous silicon layer on the substrate.”
This is disclosed in claim 1 of Pat ‘986.
Claims 2-7 are disclosed in 1-6 of Pat ’986.
Claim 8 state “A method, comprising:
generating a plasma within a plasma unit in fluid communication with a process chamber, wherein the plasma unit comprises a capacitively coupled plasma (CCP) unit;
flowing the plasma through an ion suppressor to produce an activated fluid comprising reactive species and neutral species, wherein the activated fluid has an ion concentration of about 70% to about 99% less than an ion concentration of the plasma;
flowing a mixture of the activated fluid, a silicon precursor, and a dopant precursor into the process chamber; and
exposing a substrate disposed in the process chamber to the mixture to form an amorphous silicon layer on the substrate.”
This is disclosed in claim 7 of Pat ‘986.
Claims 9-13 are disclosed in 7-12 of Pat ’986.
Claim 14 state “A method, comprising:
generating a plasma within a capacitively coupled plasma (CCP) unit in fluid communication with a process chamber;
flowing the plasma through an ion suppressor to produce an activated fluid comprising reactive species and neutral species, wherein the activated fluid has an ion concentration of about 70% to about 99% less than an ion concentration of the plasma;
flowing a mixture of the activated fluid and a silicon precursor into the process chamber; and
exposing a substrate disposed in the process chamber to the mixture to form an amorphous silicon layer on the substrate.”
This is disclosed in claim 13 of Pat ‘986.
Claims 15-20 are disclosed in 13-18 of Pat ’986.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Mohammad Mayy whose telephone number is (571)272-9983. The examiner can normally be reached Monday to Friday, 11:00AM-7:00PM EST.
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/Mohammad Mayy/
Art Unit 1718
/GORDON BALDWIN/Supervisory Patent Examiner, Art Unit 1718
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