Prosecution Insights
Last updated: April 19, 2026
Application No. 18/166,391

HYBRID GATE FIELD EFFECT TRANSISTOR, METHOD FOR PREPARING HYBRID GATE FIELD EFFECT TRANSISTOR, AND SWITCH CIRCUIT

Non-Final OA §102§103
Filed
Feb 08, 2023
Examiner
HUNTER III, CARNELL
Art Unit
2893
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Huawei Technologies Co., Ltd.
OA Round
1 (Non-Final)
92%
Grant Probability
Favorable
1-2
OA Rounds
3y 5m
To Grant
99%
With Interview

Examiner Intelligence

Grants 92% — above average
92%
Career Allow Rate
57 granted / 62 resolved
+23.9% vs TC avg
Moderate +15% lift
Without
With
+15.0%
Interview Lift
resolved cases with interview
Typical timeline
3y 5m
Avg Prosecution
24 currently pending
Career history
86
Total Applications
across all art units

Statute-Specific Performance

§103
49.4%
+9.4% vs TC avg
§102
29.2%
-10.8% vs TC avg
§112
20.0%
-20.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 62 resolved cases

Office Action

§102 §103
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 . Election Applicant’s election without traverse of Group II, claims 1-9 and 16-20, in the reply filed on 11/12/2025 is acknowledged. IDS The IDS document(s) filed on 08/24/2023 and 01/09/2026 have been considered. Copies of the PTO-1449 documents are herewith enclosed with 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. (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 1-4 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Okawa (US 2016/0380091 A1), hereafter “Okawa”. As to claim 1, Okawa teaches a hybrid gate field effect transistor, comprising: a channel layer (Fig. 1, 18, ⁋ [0025]); a source (30, ⁋ [0030]), a drain (32), and a gate structure (34+36) disposed on the channel layer, wherein the source, the drain, and the gate structure are disposed in a same layer (Fig.1), wherein the gate structure comprises a first structural layer (35, ⁋ [0063]) and a second structural layer (34, ⁋ [0030]) that are disposed in a same layer, and the second structural layer wraps the first structural layer (Fig. 2+15, ⁋ [0066], “an arrangement such as those shown in FIGS. 2, 7, and 8 may be employed”), wherein the first structural layer is an N-type gallium nitride layer (⁋ [0063], “n-type gate layers 35 provided as a part of the surface layer portion of the p-type gate layer 34”) or an intrinsic gallium nitride layer, and the second structural layer is a P-type gallium nitride layer (⁋ [0033], “p-type gate layer 34 is made of p-type GaN”); and a gate metal layer (Fig. 15, 36, ⁋ [0030) in ohmic contact with at least the first structural layer (⁋ [0063], “each of these n-type gate layers 35 are in ohmic contact with the gate electrode 36”). As to claim 2, Okawa teaches the hybrid gate field effect transistor according to claim 1, wherein the channel layer comprises a gallium nitride layer and an aluminum gallium nitride barrier layer (⁋ [0029]); and the source, the drain, and the gate structure are disposed on the aluminum gallium nitride barrier layer (Fig. 1). As to claim 3, Okawa teaches the hybrid gate field effect transistor according to claim 2, further comprising: a substrate (12, Fig, 1, ⁋ [0026]) and a buffer layer (14, ⁋ [0027]) disposed on the substrate, wherein the gallium nitride layer is on the buffer layer (Fig 1. shows 18 formed on 14). As to claim 4, Okawa teaches the hybrid gate field effect transistor according to claim 3, wherein a material of the substrate is silicon, sapphire, silicon carbide, or a gallium nitride material (⁋ [0026]). Claim Rejections - 35 U.S.C. § 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. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. Claims 5-7 are rejected under 35 U.S.C. 103 as being unpatentable over Okawa, and further in view of Saito et al. (US 2016/0225886 A1), hereafter “Saito”. As to claim 5, Okawa teaches the hybrid gate field effect transistor according to claim 2, but fails to teach further comprising: a passivation layer, wherein the passivation layer and the aluminum gallium nitride barrier layer are stacked; and wherein the source, the drain, and the gate structure run through the passivation layer, and are exposed outside of the passivation layer. Saito is a similar device which teaches a barrier layer 16 made of undoped AlGaN (Fig. 1, 16, ⁋ [0030]) with a source electrode 18, drain electrode 10, a gate electrode 24, and a passivation layer 32 (⁋ [0026]) on the AlGaN layer 16 (see Fig. 1). It would have been obvious to one of ordinary skill in the art before the effective filing date to apply the teaching of the passivation layer of Saito into the device of Okawa in order to protect the surface of the barrier layer 16 (⁋ [0037]). As to claim 6, Okawa teaches the hybrid gate field effect transistor according to claim 3, but fails to teach further comprising: a passivation layer, wherein the passivation layer and the aluminum gallium nitride barrier layer are stacked; and wherein the source, the drain, and the gate structure run through the passivation layer, and are exposed outside of the passivation layer. Saito is a similar device which teaches a barrier layer 16 made of undoped AlGaN (Fig. 1, 16, ⁋ [0030]) with a source electrode 18, drain electrode 10, a gate electrode 24, and a passivation layer 32 (⁋ [0026]) on the AlGaN layer 16 (see Fig. 1). It would have been obvious to one of ordinary skill in the art before the effective filing date to apply the teaching of the passivation layer of Saito into the device of Okawa in order to protect the surface of the barrier layer 16 (⁋ [0037]). As to claim 7, Okawa teaches the hybrid gate field effect transistor according to claim 4, but fails to teach further comprising: a passivation layer, wherein the passivation layer and the aluminum gallium nitride barrier layer are stacked; and wherein the source, the drain, and the gate structure run through the passivation layer, and are exposed outside of the passivation. Saito is a similar device which teaches a barrier layer 16 made of undoped AlGaN (Fig. 1, 16, ⁋ [0030]) with a source electrode 18, drain electrode 10, a gate electrode 24, and a passivation layer 32 (⁋ [0026]) on the AlGaN layer 16 (see Fig. 1). It would have been obvious to one of ordinary skill in the art before the effective filing date to apply the teaching of the passivation layer of Saito into the device of Okawa in order to protect the surface of the barrier layer 16 (⁋ [0037]). Claims 8-9 are rejected under 35 U.S.C. 103 as being unpatentable over Okawa. As to claim 8, Okawa teaches the hybrid gate field effect transistor according to claim 1, but fails to teach wherein the first structural layer is cylindrical, square columnar, or cylindroid. On the other hand, shape, size, and dimension differences are considered obvious design choices and are not patentable unless unobvious or unexpected results are obtained from these changes. It appears that these changes produce no functional differences and therefore would have been obvious. Note In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966). As to claim 9, Okawa teaches the hybrid gate field effect transistor according to claim 1, however, fails to teach wherein the gate metal layer is in Schottky contact with the second structural layer in Embodiment 6. Okawa does teach in another embodiment, Embodiment 1, the gate electrode 36 in contact with a p-type gate layer 34 and including a Schottky electrode portion 37 (⁋ [0034]). It would have been obvious to one of ordinary skill in the art before the effective filing date to apply the teaching of the Schottky contact as taught by Okawa into Embodiment 6 for the benefit of suppressing the gate-leakage current (⁋ [0044]). Claims 16-18 are rejected under 35 U.S.C. 103 as being unpatentable over Okawa, and further in view of Ramaswamy et al. (US 2020/0219772 A1), hereafter “Ramaswamy”. As to claim 16, Okawa teaches a switch circuit, a hybrid gate field effect transistor, the hybrid gate field effect transistor comprising: a channel layer (Fig. 1, 18, ⁋ [0025]) a source (30, ⁋ [0030]), a drain (32), and a gate structure (34+36) that disposed on the channel layer, wherein the source, the drain, and the gate structure are disposed in a same layer (Fig. 1), wherein the gate structure comprises a first structural layer (35, ⁋ [0063]) and a second structural layer (34, ⁋ [0030]) that are disposed in a same layer, and the second structural layer wraps the first structural layer (Fig. 2+15, ⁋ [0066], “an arrangement such as those shown in FIGS. 2, 7, and 8 may be employed”), wherein the first structural layer is an N-type gallium nitride layer (⁋ [0063], “n-type gate layers 35 provided as a part of the surface layer portion of the p-type gate layer 34”) or an intrinsic gallium nitride layer, and the second structural layer is a P-type gallium nitride layer layer (⁋ [0033], “p-type gate layer 34 is made of p-type GaN”); and a gate metal layer (Fig. 15, 36, ⁋ [0030) in ohmic contact with at least the first structural layer (⁋ [0063], “each of these n-type gate layers 35 are in ohmic contact with the gate electrode 36”). Okawa fails to teach a mainboard. Ramaswamy teaches a similar device with a main board (⁋ [0073]). It would have been obvious to one of ordinary skill in the art before the effective filing date to incorporate the teaching of Ramaswamy’s main board into the device of Okawa in order to provide electrical support and control proper functionality. As to claim 17, Okawa in view of Ramaswamy teach the switch circuit according to claim 16, wherein the channel layer comprises a gallium nitride layer and an aluminum gallium nitride barrier layer (⁋ [0029]); and the source, the drain, and the gate structure are disposed on the aluminum gallium nitride barrier layer (Fig. 1). As to claim 18, Okawa in view of Ramswamy teach the switch circuit according to claim 17, wherein the hybrid gate field effect transistor further comprises: a substrate (12, Fig, 1, ⁋ [0026]) and a buffer layer (14, ⁋ [0027]), wherein the gallium nitride layer is on the buffer layer (Fig. 1 shows 18 formed on 14). Claims 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Okawa, in view of Ramaswamy, and further in view of Saito. As to claim 19, Okawa in view of Ramaswamy teach the switch circuit according to claim 17, but fail to teach wherein the hybrid gate field effect transistor further comprises: a passivation layer, wherein the passivation layer and the aluminum gallium nitride barrier layer are stacked; and wherein the source, the drain, and the gate structure run through the passivation layer, and are exposed outside of the passivation layer. Saito is a similar device which teaches a barrier layer 16 made of undoped AlGaN (Fig. 1, 16, ⁋ [0030]) with a source electrode 18, drain electrode 10, a gate electrode 24, and a passivation layer 32 (⁋ [0026]) on the AlGaN layer 16 (see Fig. 1). It would have been obvious to one of ordinary skill in the art before the effective filing date to apply the teaching of the passivation layer of Saito into the device of Okawa and Ramaswamy in order to protect the surface of the barrier layer 16 (⁋ [0037]). As to claim 20, Okawa in view of Ramaswamy teach the switch circuit according to claim 18, but fail to teach wherein the hybrid gate field effect transistor further comprises: a passivation layer, wherein the passivation layer and the aluminum gallium nitride barrier layer are stacked; and wherein the source, the drain, and the gate structure run through the passivation layer, and are exposed outside of the passivation layer (see claim 19 and see claim objection above). Saito is a similar device which teaches a barrier layer 16 made of undoped AlGaN (Fig. 1, 16, ⁋ [0030]) with a source electrode 18, drain electrode 10, a gate electrode 24, and a passivation layer 32 (⁋ [0026]) on the AlGaN layer 16 (see Fig. 1). It would have been obvious to one of ordinary skill in the art before the effective filing date to apply the teaching of the passivation layer of Saito into the device of Okawa and Ramaswamy in order to protect the surface of the barrier layer 16 (⁋ [0037]). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to CARNELL HUNTER whose telephone number is (571)270-1796. The examiner can normally be reached Monday - Friday 7:30 am - 4:30pm. 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, Sue Purvis can be reached on 571-272-1236. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /CARNELL HUNTER III/Examiner, Art Unit 2893 /SUE A PURVIS/Supervisory Patent Examiner, Art Unit 2893
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Prosecution Timeline

Feb 08, 2023
Application Filed
Mar 02, 2026
Non-Final Rejection — §102, §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
92%
Grant Probability
99%
With Interview (+15.0%)
3y 5m
Median Time to Grant
Low
PTA Risk
Based on 62 resolved cases by this examiner. Grant probability derived from career allow rate.

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