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 .
Response to Amendment
The amendment filed on 04/13/2026 under 37 CFR 1.131 has been considered.
Applicant’s arguments with respect to claims 1-16, 20-21 have been considered and are persuasive (see pages 10-15). Accordingly, claims 1-16, 20-21 are allowed.
Applicant’s arguments with respect to claims 17-19 are moot because the arguments do not apply to any of the references as being used in the current rejection.
DETAILED ACTION
This action is responsive to application No. 18200588 filed on 5/23/2023.
Information Disclosure Statement
Acknowledgment is made of Applicant’s Information Disclosure Statement (IDS) form PTO-1449. These IDS has been considered.
Election/Restrictions
Applicant’s election without traverse of claims 1-21 in the reply filed on 10/2/2025 is acknowledged.
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.
Claims 17-21 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hua et al. (CN 111430458 A).
Regarding independent claim 17, Hua et al. teach transistor structure comprising:
a semiconductor substrate (Figs. 1-3, element 1) with a semiconductor convex structure (Figs. 1-3, elements 21 & 22), wherein the semiconductor convex structure has a conductive channel region (Figs. 1-3, channel region below gate region and between source and drain);
a first conductive region (Figs. 1-3, element 5) contacting with a first end of the conductive channel region; and
a second conductive region (Figs. 1-3, element 6) contacting with a second end of the conductive channel region;
wherein a conductive current during an ON state of the transistor structure is diverged in the conductive channel region extending from the first conductive region to the second conductive region (Figs. 1-3, furthermore, Manner of operating the device does not differentiate apparatus claim from the prior art “[A]pparatus claims cover what a device is, not what a device does.” Hewlett-Packard Co.v.Bausch & Lomb Inc., 909 F.2d 1464, 1469, 15 USPQ2d 1525, 1528 (Fed. Cir. 1990) (emphasis in original). A claim containing a “recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus” if the prior art apparatus teaches all the structural limitations of the claim. Ex parte Masham, 2 USPQ2d 1647 (Bd. Pat. App. & Inter. 1987)). MPEPE 2114.II.).
Regarding claim 18, Hua et al. teach wherein the conductive current is diverged into multiple paths in the conductive channel region (Figs. 1-3, Manner of operating the device does not differentiate apparatus claim from the prior art “[A]pparatus claims cover what a device is, not what a device does.” Hewlett-Packard Co.v.Bausch & Lomb Inc., 909 F.2d 1464, 1469, 15 USPQ2d 1525, 1528 (Fed. Cir. 1990) (emphasis in original). A claim containing a “recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus” if the prior art apparatus teaches all the structural limitations of the claim. Ex parte Masham, 2 USPQ2d 1647 (Bd. Pat. App. & Inter. 1987)). MPEPE 2114.II.).
Regarding claim 19, Hua et al. teach wherein a leakage current during an OFF state of the transistor structure is lower than 1 pA (Manner of operating the device does not differentiate apparatus claim from the prior art “[A]pparatus claims cover what a device is, not what a device does.” Hewlett-Packard Co.v.Bausch & Lomb Inc., 909 F.2d 1464, 1469, 15 USPQ2d 1525, 1528 (Fed. Cir. 1990) (emphasis in original). A claim containing a “recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus” if the prior art apparatus teaches all the structural limitations of the claim. Ex parte Masham, 2 USPQ2d 1647 (Bd. Pat. App. & Inter. 1987)). MPEPE 2114.II.).
Conclusion
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 SHAHED AHMED whose telephone number is (571)272-3477. The examiner can normally be reached M-F 9-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Steven Gauthier can be reached on 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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/SHAHED AHMED/Primary Examiner, Art Unit 2813
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