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 .
Claim and Specification Status
The Examiner acknowledges the amendments to claims 1, 3-5, 8, 13 and 14 in the Applicant’s response dated 9 March 2026. The claim amendments have been addressed below.
Claim Rejections - 35 USC § 102
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-5, 7-9 and 13 and are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Junji Kotani et al. (US 2016/0359032 A1; hereinafter “Kotani”).
Regarding Claim 1, Kotani teaches a semiconductor device (Fig. 9B, para [0031] describes a semiconductor structure) comprising:
a channel layer that includes a first nitride semiconductor (2b, Fig. 9B, para [0033] describes an electron transit layer 2b comprised of GaN);
a spacer layer on the channel layer (42, Fig. 9B, para [0084] describes a lower spacer layer 42 comprised of AlGaN grown on the channel layer 2b), wherein the spacer layer includes a second nitride semiconductor having a band gap larger than a band gap of the first nitride semiconductor (42, Fig. 9B, para [0084] describes wherein spacer layer 42 is comprised of AlGaN which will have a larger band gap than channel layer 2b comprised of GaN due to the presence of aluminum);
an intermediate layer on the spacer layer (43, Fig. 9B, para [0084] describes growing spacer 42 and an upper layer 43 sequentially wherein intermediate layer 43 will therefore be provided on spacer layer 42), wherein
the intermediate layer is different from the spacer layer (43 and 42, Fig. 9B, para [0084] describes wherein the intermediate layer 43 may be comprised of InAlGaN and the spacer layer 42 may be comprised of AlGaN wherein resulting intermediate layer 43 and spacer layer 42 are different),
the intermediate layer includes AIx1Iny1Ga(1-x1-y1)N (0 < x1< 1, 0 < y1 < 1, and 0 < x1 + y1 < 1) (43, Fig. 9B, para [0084] and para [0085] describes an upper layer 43 comprised of InAlGaN wherein the composition ratio of Al is for example, 0.72 (x1), and the composition ratio of In is 0.2 or less, for example 0.08 (y1) and a composition ratio of Ga is (1 – Al – In), for example 0.2 (1 – x1 – y1), satisfying the inequalities), and
a composition of (1-x1-y1) is between 0.01 and 0.3 (43, Fig. 9B, para [0085] describes wherein the intermediate layer 43 comprises an x1 value of roughly 0.72, an y1 value of less than 0.2, approximately 0.08, wherein a resulting composition (1-(0.72) – (0.08) = 0.2 wherein 0.2 is between 0.01 and 0.3); and
a barrier layer on the intermediate layer (2d, Fig. 9B, para [0089] describes forming a barrier layer 2d which can be seen in Fig. 9B as being provided on intermediate layer 43), wherein the barrier layer includes AIx2In(1-x2)N (0 < x2 < 1) (2d, Fig. 9B, para [0089] and para [0036] describes wherein barrier layer 2d is comprised of InAlN wherein the composition ratio of In is set to 0.17 (1 – x2) and a composition ratio of Al is set to 0.83 (x2), satisfying the inequality).
Regarding Claim 2, Kotani teaches the semiconductor device according to claim 1, wherein x1 (para [0085] describes wherein the composition of Al in the intermediate layer may be 0.72), x2 (para [0036] describes wherein the composition of Al in the barrier layer may be 0.83), and y1 (para [0085] describes wherein the composition of In in the intermediate layer may be 0.08) satisfy relational expressions of x1< x2 (x1 = 0.72, x2 = 0.83, therefore x1 < x2 wherein 0.72 < 0.83 which satisfies the inequality) and y1< (1 - x2) (y1 = 0.08, x2 = 0.83, therefore y1 < (1-x2) wherein 0.08 < (1-0.83) resulting in 0.08 < 0.17 which satisfies the inequality).
Regarding Claim 3, Kotani teaches the semiconductor device according to claim 1, wherein x2 has a value greater than 0.7 (para [0036] describes wherein the composition of Al in the barrier layer may be 0.83 resulting in an x2 that equals 0.83 wherein 0.83 is greater than 0.7).
Regarding Claim 4, Kotani teaches the semiconductor device according to claim 1, wherein the intermediate layer has a thickness of 0.5 nm to 10 (43, Fig. 9B, para [0084] describes wherein intermediate layer 43 is formed to have a thickness of approximately 2 nm, falling within the range of 0.5 nm to 10nm).
Regarding Claim 5, Kotani teaches the semiconductor device according to claim 1, wherein the barrier layer has a thickness of 4 nm to 20 nm (2d, Fig. 9B, para [0035] describes wherein InAIN layer which results in barrier layer 2d, has a thickness of approximately 10nm, falling within the range of 4 nm to 20 nm).
Regarding Claim 7, Kotani teaches the semiconductor device according to claim 1, wherein the second nitride semiconductor includes AIX3Iny3Ga(1-x3-y3)N (0 < x3 < 1, 0 ≤ y3 < 1, and 0 < x3 + y3 < 1) (42, Fig. 9B, para [0085] describes wherein the second nitride semiconductor includes lower layer 42 of AlGaN wherein the composition ratio of Al is at least 0.2 and not more than 0.7 and is set to, for example, 0.7, resulting in an x3 of approximately 0.7, wherein a composition ratio of In is approximately 0, resulting in a y3 of approximately 0, a composition ratio of Ga is approximately 0.3, resulting in an (x3 + y3) of 0.3).
Regarding Claim 8, Kotani teaches the semiconductor device according to claim 1, wherein the spacer layer has a thickness of 0.5 nm to 3 nm (42, Fig. 9B, para [0084] describes wherein spacer layer 42 is formed to have a thickness of approximately 2 nm, falling within the range of 0.5 nm to 3 nm).
Regarding Claim 9, Kotani teaches the semiconductor device according to claim 1, wherein the first nitride semiconductor includes AIx4Iny4Ga(1-x4-y4)N(0 ≤ x4 ≤ 1, 0 ≤ y4 ≤ 1, and 0 ≤ x4 + y4 ≤ 1) (2b, Fig. 9B, para [0033] describes an electron transit layer 2b comprised of GaN wherein the composition ratio of Ga is 1 such that x4 = 0, y4 = 0, and (1-x4-y4) = 1, satisfying the inequality requirements for the composition of the first nitride semiconductor).
Regarding Claim 13, Kotani teaches a semiconductor module (Fig. 12, para [0113-118] describes a semiconductor power supply device comprising semiconductor devices 76a-76e according to the embodiments of the disclosure) including:
a semiconductor device (Fig. 9B, para [0031] describes a semiconductor structure) comprising:
a channel layer that includes a first nitride semiconductor (2b, Fig. 9B, para [0033] describes an electron transit layer 2b comprised of GaN);
a spacer layer on the channel layer (42, Fig. 9B, para [0084] describes a lower spacer layer 42 comprised of AlGaN grown on the channel layer 2b), wherein the spacer layer includes a second nitride semiconductor having a band gap larger than a band gap of the first nitride semiconductor (42, Fig. 9B, para [0084] describes wherein spacer layer 42 is comprised of AlGaN which will have a larger band gap than channel layer 2b comprised of GaN due to the presence of aluminum);
an intermediate layer on the spacer layer (43, Fig. 9B, para [0084] describes growing spacer 42 and an upper layer 43 sequentially wherein intermediate layer 43 will therefore be provided on spacer layer 42), wherein
the intermediate layer is different from the spacer layer (43 and 42, Fig. 9B, para [0084] describes wherein the intermediate layer 43 may be comprised of InAlGaN and the spacer layer 42 may be comprised of AlGaN wherein resulting intermediate layer 43 and spacer layer 42 are different),
the intermediate layer includes AIx1Iny1Ga(1-x1-y1)N (0 < x1< 1, 0 < y1 < 1, and 0 < x1 + y1 < 1) (43, Fig. 9B, para [0084] and para [0085] describes an upper layer 43 comprised of InAlGaN wherein the composition ratio of Al is for example, 0.72 (x1), and the composition ratio of In is 0.2 or less, for example 0.08 (y1) and a composition ratio of Ga is (1 – Al – In), for example 0.2 (1 – x1 – y1), satisfying the inequalities), and
a composition of (1-x1-y1) is between 0.01 and 0.3 (43, Fig. 9B, para [0085] describes wherein the intermediate layer 43 comprises an x1 value of roughly 0.72, an y1 value of less than 0.2, approximately 0.08, wherein a resulting composition (1-(0.72) – (0.08) = 0.2 wherein 0.2 is between 0.01 and 0.3); and
a barrier layer on the intermediate layer (2d, Fig. 9B, para [0089] describes forming a barrier layer 2d which can be seen in Fig. 9B as being provided on intermediate layer 43), wherein the barrier layer includes AIx2In(1-x2)N (0 < x2 < 1) (2d, Fig. 9B, para [0089] and para [0036] describes wherein barrier layer 2d is comprised of InAlN wherein the composition ratio of In is set to 0.17 (1 – x2) and a composition ratio of Al is set to 0.83 (x2), satisfying the inequality).
Claim Rejections - 35 USC § 103
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.
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Junji Kotani et al. (US 2016/0359032 A1; hereinafter “Kotani”) in further view of Sansaptak Dasgupta et al. (US 2019/0221660 A1; hereinafter “Dasgupta”).
Regarding Claim 14, Kotani teaches a semiconductor device (Fig. 9B, para [0031] describes a semiconductor structure) including:
a channel layer that includes a first nitride semiconductor (2b, Fig. 9B, para [0033] describes an electron transit layer 2b comprised of GaN);
a spacer layer on the channel layer (42, Fig. 9B, para [0084] describes a lower spacer layer 42 comprised of AlGaN grown on the channel layer 2b), wherein the spacer layer includes a second nitride semiconductor having a band gap larger than a band gap of the first nitride semiconductor (42, Fig. 9B, para [0084] describes wherein spacer layer 42 is comprised of AlGaN which will have a larger band gap than channel layer 2b comprised of GaN due to the presence of aluminum);
an intermediate layer on the spacer layer (43, Fig. 9B, para [0084] describes growing spacer 42 and an upper layer 43 sequentially wherein intermediate layer 43 will therefore be provided on spacer layer 42), wherein
the intermediate layer is different from the spacer layer (43 and 42, Fig. 9B, para [0084] describes wherein the intermediate layer 43 may be comprised of InAlGaN and the spacer layer 42 may be comprised of AlGaN wherein resulting intermediate layer 43 and spacer layer 42 are different),
the intermediate layer includes AIx1Iny1Ga(1-x1-y1)N (0 < x1< 1, 0 < y1 < 1, and 0 < x1 + y1 < 1) (43, Fig. 9B, para [0084] and para [0085] describes an upper layer 43 comprised of InAlGaN wherein the composition ratio of Al is for example, 0.72 (x1), and the composition ratio of In is 0.2 or less, for example 0.08 (y1) and a composition ratio of Ga is (1 – Al – In), for example 0.2 (1 – x1 – y1), satisfying the inequalities), and
a composition of (1-x1-y1) is between 0.01 and 0.3 (43, Fig. 9B, para [0085] describes wherein the intermediate layer 43 comprises an x1 value of roughly 0.72, an y1 value of less than 0.2, approximately 0.08, wherein a resulting composition (1-(0.72) – (0.08) = 0.2 wherein 0.2 is between 0.01 and 0.3); and
a barrier layer on the intermediate layer (2d, Fig. 9B, para [0089] describes forming a barrier layer 2d which can be seen in Fig. 9B as being provided on intermediate layer 43), wherein the barrier layer includes AIx2In(1-x2)N (0 < x2 < 1) (2d, Fig. 9B, para [0089] and para [0036] describes wherein barrier layer 2d is comprised of InAlN wherein the composition ratio of In is set to 0.17 (1 – x2) and a composition ratio of Al is set to 0.83 (x2), satisfying the inequality).
Kotani fails to explicitly disclose wherein said semiconductor device is comprised in a wireless communication apparatus.
However, Dasgupta teaches a similar semiconductor device wherein said semiconductor device is comprised in a wireless communication apparatus (1006, Fig. 5, para [0058] describes wherein a wireless communication chip 1006 may include one or more of HEMT structures as described in the disclosure of the invention).
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to combine the teachings of Kotani and Dasgupta to further disclose a semiconductor device that is comprised in a wireless communication apparatus to provide the advantage of enabling wireless communications for the transfer of data to and from a computing system further broadening the capabilities of the semiconductor device and its neighboring components (Dasgupta, para [0058]).
Response to Arguments
Applicant's arguments filed 9 March 2026 have been fully considered but they are not persuasive.
The Applicant argues on page 8, lines 14-17 of the remarks that the prior art of record, Kotani, does not expressly or inherently describe, “the intermediate layer is different form the spacer layer … the intermediate layer includes AIx1Iny1Ga(1-x1-y1)N … a composition of (1-x1-y1) is between 0.01 and 0.3” as recited in amended independent claim 1.
The Examiner respectfully disagrees. With respect to the Applicant’s argument that the intermediate layer of Kotani is not different from the spacer layer, this argument is not found persuasive. Although Kotani describes the combination of layer 42 and layer 43 as “a spacer layer” this does not preclude layer 42 from being a spacer layer and layer 43 as an intermediate layer. Furthermore, the composition of layer 42 is substantially identical to the spacer layer of the instant application and the composition of layer 43 is substantially identical to the intermediate layer of the instant application, wherein the naming convention of layers 42 and 43 may be any term relevant in the art to describe such layers. Therefore, the prior art of record, Kotani, discloses a spacer layer 42 substantially identical to the spacer layer of the instant application and an intermediate layer 43 different from the spacer layer 42 substantially identical to the intermediate layer of the instant application.
With respect to the Applicant’s argument Kotani fails to teach that “the intermediate layers includes AIx1Iny1Ga(1-x1-y1)N … with a composition of (1-x1-y1) is between 0.01 and 0.3”, as further elaborated in the Applicant’s remarks on page 10, lines 4-11, this argument is not found persuasive. Kotani discloses in para [0084] wherein an upper layer 43, herein the intermediate layer, is comprised of InAlGaN. Kotani further discloses in para [0085] wherein the intermediate layer 43 comprises an x1 value of roughly 0.72, an y1 value of less than 0.2, approximately 0.08 as selected by Kotani, wherein a resulting composition is (1 - (0.72) – (0.08)) which equals 0.2 wherein 0.2 is between 0.01 and 0.3. The composition ratio of Ga being 0.20 is also disclosed by Kotani in para [0085] and is not solely derived from selected example values for Al and In as argued by the Applicant in page 10, lines 9-11 of the remarks.
Conclusion
Applicant's amendment necessitated the new ground of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
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/ALEXANDER MICHAEL MILLER/Examiner, Art Unit 2898 /JULIO J MALDONADO/ Supervisory Patent Examiner, Art Unit 2898
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