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 .
In response to applicant’s filing dated October 10, 2025. The following action is taken:
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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Claim 1-3, 10-12 and 20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 5-7 of U.S. Patent No. 12,456,484. Although the claims at issue are not identical, they are not patentably distinct from each other because the claimed invention is broader in scope than the patented claims. The claimed invention limitations are encompassed within the limitations in the patent claims are indicated below:
Claim 1 of the disclosed invention
A method for manufacturing a write head, the method comprising:
forming a triangular layer with a tapered edge;
disposing a waveguide (WG) layer adjacent to the triangular layer, the WG layer including a flat section and a tapered section, the tapered section including a tapered angle and contacting the tapered edge of the triangular layer; positioning a cladding layer adjacent to the WG layer; and disposing a near field transducer (NFT) layer positioned adjacent to the cladding layer wherein the NFT layer includes a tapered section that includes the tapered angle
Claim 1 writer head for a heat-assisted magnetic recording (HAMR) device, the writer head comprising: an optical component including
a triangular layer having a tapered edge and
a waveguide (WG) layer positioned adjacent to the triangular layer, the WG layer including a flat section and a tapered section, the tapered section including a tapered angle and contacting the tapered edge of the triangular layer; a cladding layer positioned adjacent to the WG layer; a near field transducer (NFT) layer positioned adjacent to the cladding layer, the NFT layer including a tapered section that includes the tapered angle; a heat sink layer positioned adjacent to the NFT layer; and a peg layer positioned adjacent to the heat sink layer and comprising an insulator and a tapered section comprising the tapered angle; and a magnetic component that includes a magnetic main pole having a first tapered section comprising the tapered angle, a main pole section substantially parallel to the flat section of the WG layer, and wherein the magnetic main pole has a saturation magnetization of about 24 kG or greater.1 of the US Patent 12,456,484
Claim 2 of the disclosed invention.
disposing a heat sink layer adjacent to the NFT layer.
Claim 1 of the US Pat 12,456,484
The limitation is present and encompassed within claim 1.
Claim 3 of the disclosed invention.
a peg layer positioned adjacent to the heat sink layer.
Claim 1 of the US Pat 12,456,484 disclosing a peg.
Claim 10 of the disclosed invention.
The method of claim 1, wherein the NFT layer comprises a first NFT layer that includes a first metal and a second NFT layer that includes a transition metal, wherein the first NFT layer includes one or more of gold, silver, copper, alloys thereof, graphene, and a metal oxide, and wherein the second NFT layer includes one of rhodium or iridium
Claim 5 of the US Pat 12,456,484,
The writer head of claim 1, wherein the NFT layer includes a first NFT layer includes a first metal and a second NFT layer that includes a transition metal, wherein the first NFT layer includes one or more of gold, silver, copper, alloys thereof, graphene, and a metal oxide; and wherein the second NFT layer includes one of Rh or Ir.
Claim 11 of the disclosed invention.
The method of claim 2, wherein the heat sink layer includes one or more of gold, ruthenium, aluminum nitride, or silicon carbide
.
Claim 6 of the US Pat 12,456,484.
. The writer head of claim 1, wherein the heat sink layer includes one or more of gold, ruthenium, aluminum nitride, or silicon carbide
Claim 12 of the disclosed invention.
The method of claim 2, further comprising: disposing a first oxide layer between the NFT layer and the heat sink layer.
Claim 7 of the US 12,456,484
The writer head of claim 1, wherein the optical component further includes a first oxide layer positioned between the NFT layer and the heat sink layer.
Claim 20 of the disclosed invention.
a laser diode adjacent to the waveguide layer and the NFT layer, wherein the laser diode is configured to generate a beam of light, and wherein the waveguide layer is configured to direct the beam of light from the laser diode to the NFT layer.
Claim 1 of the US Pat 12, 456,484.
The laser source is within the HAMR
Although the claims are not identical, the disclosed invention as claimed is encompassed and broader in scope than the claims cited in the US Pat 12, 456,484.
Claim Objections
Claims 4-9 and 13-19 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The cited prior art does not sow or teach a peg having an insulator and a tapered section as in claim 4, a main pole pareallel to the flat section of the WG layer as in claim 5, the tapered angle as n claim 7, an Ru blocking layer as in claim 8, a triangulsr layer havingmade of the material as in claim 9.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.US Pat 11,894,018 disclosing an HAMR having a triangular section element 92, a waveguide 152b and a flat section facing the medium 195a..
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NABIL Z HINDI whose telephone number is (571)272-7618. The examiner can normally be reached on MON-FRI from 5:30 AM to 1:30 PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Steven Lim, can be reached at telephone number 571-270-1210. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NABIL Z HINDI/Primary Examiner, Art Unit 2688
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