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 .
This Office action is in response to the amendment filed 11/11/2025 in which claim 1 was amended.
Claims 1-17 remain pending with claims 9-17 remaining withdrawn and claims 1-8 presented for examination.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1, 3, 4, and 6-8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hikita et al (US 2006/0060895 and Hikita hereinafter).
As to claims 1, 3, 4, and 6-8: Hikita discloses [claim 1] a semiconductor device (Fig. 1) comprising a substrate (101; [0040]), and an epitaxial layer (102; [0055]), a first dielectric layer (105; [0041]), a first metal layer (106; [0041]), a second dielectric layer (109; [0042]), a protective layer (portion of 110 on top of 109 and portion of 110 that extends over the top of 110 that is coplanar with 109 and extends down to 106 (i.e., the portion of 110 that is not the connecting material), see inserted image below where the connecting piece is the portion that overlaps with the red vertical line and the protective layer is the portion that overlaps with the green vertical line); [0042]), and a second metal layer (114; [0043]) that are sequentially on the substrate (101), wherein the semiconductor device further comprises a first region (extends from the middle of 106 to the right side of Fig. 1) and a second region (extends from left side of Fig. 1 to the middle of 106), the second region (extends from left side of Fig. 1 to the middle of 106) comprising a through gallium nitride via (TGV) (comprising 112 and 121; [0041]), wherein the first metal layer (106) is in the first region (half of the first metal layer is in the first region, which extends from the middle of 106 to the right side of Fig. 1; claim doesn’t state that the first metal layer cannot be in the second region), the second dielectric layer (109) has a through via (opening in which the vertical portion of 110 is formed; claim doesn’t state that the via must have dielectric material surrounding it; through via is interpreted to mean as long as a vertical portion of a metal material that connects the first metal layer to the protective layer and physically contacts some portion of the second dielectric, it meets the claim language) that penetrates through (“that penetrates through” is interpreted to mean that as long as the thickness of the vertical metal material extends completely through the thickness of the second dielectric it physically contacts, it penetrates through) the second dielectric layer (109) to connect the first metal layer (106) and the protective layer (portion of 110 on top of 109 and portion of 110 that extends over the top of 110 that is coplanar with 109 and extends down to 106 (i.e., the portion of 110 that is not the connecting material), see inserted image below where the connecting piece is the portion that overlaps with the red vertical line and the protective layer is the portion that overlaps with the green vertical line), and a connecting material (vertical portion of 110 that extends from the top surface of 106 and ends at a level of 110 that is coplanar with 109 that it is in contact with; see inserted image below where the connecting piece is the portion that overlaps with the red vertical line and the protective layer is the portion that overlaps with the green vertical line; claim doesn’t state that the protective layer and connecting material are different materials and are interpreted to be the same material) is in the through via to form a connecting piece, wherein the protective layer covers a surface of the connecting pieces (the connecting piece is only portion of 110 that extends from the top surface of 106 to a portion of 110 that is coplanar with 109 and the protective layer is the portion of 110 that extends from the coplanar part of 110 with 109 to the top surface of 110 and the portion of 110 that is directly over 109; thus, the interpreted protective layer covers a surface of the connecting piece; the claim does not state that the connecting piece/material and the protective layer are different materials and are interpreted to be made of the same material, which in Hikita is the material of 110, just different regions; see inserted image below where the connecting piece is the portion that overlaps with the red vertical line and the protective layer is the portion that overlaps with the green vertical line), and wherein the TGV (112 and 121) penetrates through (“penetrates through” is interpreted to mean that as long as the opening defining the via comprising 112 and 121 extends completely through the thickness of the layers that define its sidewalls, it penetrates through) the protective layer (portion of 110 on top of 109 and portion of 110 that extends over the top of 110 that is coplanar with 109 and extends down to 106 (i.e., the portion of 110 that is not the connecting material), see inserted image below where the connecting piece is the portion that overlaps with the red vertical line and the protective layer is the portion that overlaps with the green vertical line), the second dielectric layer (109), the first dielectric layer (105), and the epitaxial layer (102) to the substrate (101), and the second metal layer (114) is on the protective layer (portion of 110 on top of 109 and portion of 110 that extends over the top of 110 that is coplanar with 109 and extends down to 106 (i.e., the portion of 110 that is not the connecting material), see inserted image below where the connecting piece is the portion that overlaps with the red vertical line and the protective layer is the portion that overlaps with the green vertical line) and an inner wall (sidewalls of openings 112 and 121) of the TGV and is in contact with the substrate (101); [claim 3] wherein a thickness of the protective layer (portion of 110 on top of 109 and portion of 110 that extends over the top of 110 that is coplanar with 109 and extends down to 106 (i.e., the portion of 110 that is not the connecting material), see inserted image below where the connecting piece is the portion that overlaps with the red vertical line and the protective layer is the portion that overlaps with the green vertical line) is 100 Å to 2000 Å (100 nm = 1000 Å; [0042]); [claim 4] wherein the protective layer (portion of 110 on top of 109 and portion of 110 that extends over the top of 110 that is coplanar with 109 and extends down to 106 (i.e., the portion of 110 that is not the connecting material), see inserted image below where the connecting piece is the portion that overlaps with the red vertical line and the protective layer is the portion that overlaps with the green vertical line) comprises a single-layer or multi-layer structure (110 as a whole comprises a stacked structure of Ti and Au; therefore, the identified protective layer portion of 110 would constitute at least one of these layers); [claim 6] wherein a material of the substrate (101) comprises SiC, a Si-based semiconductor material, or a IT-V group compound (Si; [0040]); [claim 7] wherein a material of the first metal layer (106) comprises one or a combined laminated layer of a plurality of Al, AICu, AlSiCu, TiN, W, Ni, Ta, TaN, Pd, WSi, and metal compounds thereof (comprises Ti; [0041]); and/or a material of the second metal layer comprises one or a combined laminated layer of a plurality of Al, AlCu, AlSiCu, TiN, W, Ni, Ta, TaN, Pd, Wsi, and metal compounds thereof; [claim 8] wherein the semiconductor device further comprises an isolation structure (opening that defines the right sidewall of 114 that is on top of 111 and the opening that defines the right sidewall of 110 that is on top of 109) that penetrates through (interpreted to mean that absence of the material of the respective layer is full in an area, doesn’t require material of the protective layer to be on both sides of the opening) the second metal layer (114) and the protective layer (portion of 110 on top of 109 and portion of 110 that extends over the top of 110 that is coplanar with 109 and extends down to 106 (i.e., the portion of 110 that is not the connecting material), see inserted image below where the connecting piece is the portion that overlaps with the red vertical line and the protective layer is the portion that overlaps with the green vertical line) to the second dielectric layer (109), to divide the second metal layer (114) into different regions (a left region and a right region as shown in the Figure).
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Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 2 and 5 are rejected under 35 U.S.C. 103 as being unpatentable over Hikita in view of Meng et al (US 2025/0048668 and Meng hereinafter).
As to claim 2: Although the structure disclosed by Hikita shows substantial features of the claimed invention (discussed in paragraph 7 above), it fails to expressly disclose:
wherein a material of the protective layer comprises one or a combination of a plurality of W, Ti, Ti/TiN, Al/Ti/TiN, and a polycrystalline silicon doped conductive material.
Hikita discloses in [0057] that the (field plate) layer 110, of which a portion is the protective layer, can comprise a stacked structure of Ti and Au.
Meng discloses in [0043] that a source connected field plate 162 can comprise Ti, TiN, TaN, Ta, or combinations thereof.
Therefore, the claimed invention would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art because a person of ordinary skill has good reason to pursue the known options within his or her technical grasp, in the instant case choosing a material for the protective layer of Hikita to be Ti or Ti/TiN as disclosed by Meng instead of Ti/Au of Hikita; if this leads to the anticipated success, a material that allows for reduced peak electric field at the gate edge ([0043]), it is likely the product not of innovation but of ordinary skill.
As to claim 5: Although the structure disclosed by Hikita shows substantial features of the claimed invention (discussed in paragraph 7 above), it fails to expressly disclose:
wherein the connecting material comprises one or a combination of a plurality of Ti, TiN, W, TiW, and Ni.
Hikita discloses in [0057] that the (field plate) layer 110, of which the vertical portion comprises the connecting material, can comprise a stacked structure of Ti and Au.
Meng discloses in [0043] that a source connected field plate 162, which when modified into Hikita would comprise the field plate 110 and the via connecting the first metal layer 106 and the top of the field plate, can comprise Ti, TiN, TaN, Ta, or combinations thereof.
Therefore, the claimed invention would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art because a person of ordinary skill has good reason to pursue the known options within his or her technical grasp, in the instant case choosing a material for the protective layer of Hikita to be Ti or Ti/TiN as disclosed by Meng instead of Ti/Au of Hikita; if this leads to the anticipated success, a material that allows for reduced peak electric field at the gate edge ([0043]), it is likely the product not of innovation but of ordinary skill.
Response to Arguments
Applicant's arguments filed 11/11/2025 have been fully considered but they are not persuasive.
In the remarks, applicant argues in substance that Hikita does not disclose where the protective layer covers a surface of the connecting piece. Applicant states that Hikita does not disclose two distinct structures that stand in an over-under relationship where a protective layer covers a surface of a separate connecting piece. Feature 110 of Hikita is a single patterned field-plate electrode formed on the second interlayer insulating film 109, but is not described as a blanket conductive film that overlies, caps, or covers the top surface of any separate via-fill feature.
Examiner respectfully traverses applicant’s remarks. Examiner notes that the claims do not state that the protective layer and the connecting piece are made of different materials. Therefore, under the broadest reasonable interpretation the Examiner interprets that they may be made of the same material, such as the material of layer 110 of Hikita. Since they can be made of the same material and are in contact with one another where the only structural requirements are that the connecting material is in a through via and that the protective layer is formed to cover or be on top of the connecting piece, the two claimed features of the connecting piece and the protective layer can be interpreted to be different regions of the same layer/material (such as 110) of Hikita as the method of making the two features does not impart a structural difference in the two features since they can be interpreted to be of the same material. Therefore, Examiner interprets that the connecting piece is the portion of 110 that extends vertically from the top surface of 106 to a portion of 110 that is coplanar with 109 and the protective layer is the portion of 110 that extends vertically from the portion of 110 that is coplanar with 109 up to the top surface of 110 and the portion of 110 that is directly over 109. Thus, the protective layer as Examiner interprets is formed over/covers the connecting piece. See also the inserted figure above where the connecting piece is the vertical portion of 110 that overlaps with the red line and the protective layer is the vertical portion of 110 that overlaps with the green line.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSEPH C NICELY whose telephone number is (571)270-3834. The examiner can normally be reached Monday-Friday 7:30 am - 4 pm, EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Steven Gauthier can be reached at (571) 270-0373. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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JOSEPH C. NICELY
Primary Examiner
Art Unit 2813
/JOSEPH C. NICELY/Primary Examiner, Art Unit 2813
1/16/2026
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