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 .
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 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.
Response to Arguments
Applicant’s arguments, filed on 10/14/2025, with respect to amended independent claim(s) 1 have been fully considered but they are not persuasive because Suh et al. (US publication 2009/0146185 A1) still teach amended independent claim(s) and response to the arguments have been fully incorporated into the claim rejection set forth below in this office action.
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.
Claim 1-3, 5-10, 12-13, and 18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Suh et al. (US publication 2009/0146185 A1), hereinafter referred to as Suh185.
Regarding claim 1, Suh185 teaches a semiconductor device (fig. 18 and related text) comprising: a substrate (20’, fig. 18) having a first surface (top surface); a semiconductor layer (21’/33/40/36, [0053-0057]) provided on a first surface of the substrate (fig. 18) where the first surface is provide (fig. 18); a first insulating film (34, [0054]) provided so as to cover the semiconductor layer over the substrate (fig. 18), having an opening portion (opening for 29 and 35), and containing silicon (Si) ([0054]); an electrode provided (29, [0048]) in the opening portion of the first insulating film and on a second surface side of the semiconductor layer where a side surface of the semiconductor layer which faces a first direction parallel to the first surface of the substrate (fig. 18) is provided; and a second insulating film (35, [0055]) provided between the side surface of the semiconductor layer and the electrode provided on the second surface side (fig. 18) and containing a metal element ([0055]).
Regarding claim 2, Suh185 teaches wherein the first insulating film extends to the second surface side of the semiconductor layer and is provided between the second insulating film and the electrode provided on the second surface side (fig. 18).
Regarding claim 3, Suh185 teaches wherein: the semiconductor layer includes: a first layer (21’/33) including a channel layer (fig. 18) and a carrier supply layer provided over the channel layer (fig. 18); and a second layer (36/40) provided over the first layer on an opposite side of the substrate, and the second insulating film covers the first layer, of the first layer and the side layer on the second surface of the semiconductor layer (fig. 18).
Regarding claim 5, Suh185 teaches wherein: the semiconductor layer includes: a first layer (21’/33) including a channel layer and a carrier supply layer (21’/33) provided over the channel layer (fig. 18); and a second layer (36/40) provided over the first layer on an opposite side of the substrate, and the second insulating film covers the first layer and the second layer on the side surface of the semiconductor layer and extends on the semiconductor layer to the opposite side of the substrate (fig. 18).
Regarding claim 6, Suh185 teaches wherein: the opening portion of the first insulating film communicates with the second insulating film on the opposite side of the substrate from the semiconductor layer; and the electrode provided in the opening portion is in contact with the second insulating film (fig. 18).
Regarding claim 7, Suh185 teaches wherein: the second insulating film includes: a first portion (thick portion of 35) which covers the first layer on the side surface of the semiconductor layer and which has a first thickness from the first layer in the first direction parallel to the first surface of the substrate (fig. 18); and a second portion (thin portion of 35) which covers the second layer on the second surface of the semiconductor layer, which extends on the semiconductor layer to the opposite side of the substrate, and which has a second thickness less than the first thickness from the second layer in the first direction parallel to the first surface of the substrate (fig. 18).
Regarding claim 8, Suh185 teaches wherein the second layer has a shape by which the second layer extrudes from the first layer toward the electrode provided on the second surface side in the first direction parallel to the first surface of the substrate (fig. 18).
Regarding claim 9, Suh185 teaches wherein: the second layer has a shape by which the second layer extrudes from the carrier supply layer of the first layer toward the electrode provided on the second surface side in the first direction parallel to the first surface of the substrate; and the carrier supply layer of the first layer has a shape by which the carrier supply layer extrudes from the channel layer of the first layer toward the electrode provided on the second surface side in the first direction parallel to the first surface of the substrate (fig. 18).
Regarding claim 10, Suh185 teaches wherein a thickness of the second layer in a second direction perpendicular to the first surface of the substrate is half or less of a thickness of the channel layer of the first layer (fig. 18) in the second direction.
Regarding claim 12, Suh185 teaches wherein the metal element contained in the second insulating film has an electronegativity of 1.8 or less ([0055], same material as claimed).
Regarding claim 13, Suh185 teaches wherein the second insulating film contains as the metal element one or more of aluminum (Al), hafnium (Hf) ([0055]), zirconium (Zr), titanium (Ti), tantalum (Ta), magnesium (Mg), scandium (Sc), yttrium (Y), lanthanum (La), and strontium (Sr).
Regarding claim 18, Suh185 teaches an electronic device comprising a semiconductor device (fig. 18 and related text) including: a substrate (20’, fig. 18) having a first surface; a semiconductor layer (21’/33/40/36, [0053-0057]) provided on a first surface side of the substrate (fig. 18) where the first surface is provided; a first insulating film (34, [0054]) provided so as to cover the semiconductor layer over the substrate (fig. 18), having an opening portion (opening for 29 and 35), and containing silicon (Si) ([0054]); an electrode 29, [0048]) provide in the opening portion of the first insulating film and on a second surface side of the semiconductor layer where a side surface of the semiconductor layer which faces a first direction parallel to the first surface of the substrate (fig. 18) is provided; and a second insulating film (35, [0055]) provided between the side surface of the semiconductor layer and the electrode provided on the second surface side (fig. 18) and containing a metal element ([0055]).
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 of this title, 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 11 is rejected under 35 U.S.C. 103 as being unpatentable over Suh185, as applied to claim 1 or 5 above, and further in view of Makiyama et al. (US publication 2009/0166815 A1), hereinafter referred to as Makiyama.
Regarding claim 11, Suh185 discloses all the limitations of claim 5 as discussed above on which this claim depends.
Suh185 does not explicitly teach wherein: the channel layer of the first layer includes indium gallium arsenide (InGaAs); the carrier supply layer of the first layer includes indium aluminum arsenide (InAlAs); and the second layer includes indium phosphide (InP) or indium gallium phosphide (InGaP).
Makiyama teaches wherein: the channel layer of the first layer includes indium gallium arsenide (InGaAs); the carrier supply layer of the first layer includes indium aluminum arsenide (InAlAs); and the second layer includes indium phosphide (InP) or indium gallium phosphide (InGaP). ([0185]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Suh185 with that of Makiyama so that wherein: the channel layer of the first layer includes indium gallium arsenide (InGaAs); the carrier supply layer of the first layer includes indium aluminum arsenide (InAlAs); and the second layer includes indium phosphide (InP) or indium gallium phosphide (InGaP) because selection of a known material based on its suitability for its intended purpose is obvious (see, for example, M.P.E.P. § 2144.07, and precedents cited therein) and since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Suh185, as applied to claim 1 above, and further in view of Taniguchi et al. (US publication 2021/0111277 A1), hereinafter referred to as Taniguchi.
Regarding claim 14, Suh185 discloses all the limitations of claim 1 as discussed above on which this claim depends.
Suh185 does not explicitly teach wherein the second insulating film includes one or more of an oxide film, a nitride film, and an oxynitride film.
Taniguchi teaches wherein the second insulating film includes one or more of an oxide film, a nitride film, and an oxynitride film ([0108]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Suh185 with that of Taniguchi so that wherein the second insulating film includes one or more of an oxide film, a nitride film, and an oxynitride film to provide a switching transistor and a semiconductor module that further suppress distortion in a passing signal ([0011]).
Allowable Subject Matter
Claims 4 is 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 following is a statement of reasons for the indication of allowable subject matter:
The claims contain limitations that none of the prior art of record discloses, teaches or fairly suggests, alone or in combinations when taken in combination with all other limitations of the base claim and any intervening claims.
Conclusion
Applicant's amendment necessitated the new ground(s) 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 extension fee 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Mohammed R Alam whose telephone number is 469-295-9205 and can normally be reached between 8:00am-6:00pm (M-F) or by e-mail via Mohammed.Alam1@uspto.gov.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jacob Choi can be reached on 469-295-9060. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MOHAMMED R ALAM/Primary Examiner, Art Unit 2897