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/Restrictions
Claims 13-28 and 31-39 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 8/10/2026.
Claim Objections
Claim 3 is objected to because of the following informalities: claim 3 recites “the not intentionally doped AN layer”. Suggestion: “the not intentionally doped AlN layer”. Appropriate correction is required.
Claim 10 is objected to because of the following informalities: claim 10 recites “an energy bandgap of a third Group III nitride material being smaller than an energy bandgap of Group II nitride material of the Group III nitride buffer layer”. Suggestion: “an energy bandgap of the third Group III nitride material being smaller than an energy bandgap of Group III nitride material of the Group III nitride buffer layer”. Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 29-30 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Claim 29 recites “…an electrically conductive source component recessed into at least substantially in contact with the first Group III nitride layer …an electrically conductive drain component recessed into at least substantially in contact with the first Group III nitride layer…”.
The underlined portion renders the claim indefinite. The term "substantially" is a relative term which renders the claim indefinite; it is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
“Substantially” is defined as "being largely but not wholly that which is specified” (see Merriam Webster online dictionary). This language is indefinite as the specification does not describe what is required of the components in order to be considered “substantially in contact” with another feature. The term “substantially” modifies a target, and implicitly requires boundaries at some maximum value above the target and at some minimum value below the target beyond which one is not “substantially” the target any more. Neither the claims, nor the specification, defines these boundaries. The specification states
“[0091] For the purpose of better describing and defining the present teachings, it is noted that terms of degree (e.g., "substantially," "about," and the like) may be used in the specification and/or in the claims. Such terms of degree are utilized herein to represent the inherent degree of uncertainty that may be attributed to any quantitative comparison, value, measurement, and/or other representation. The terms of degree may also be utilized herein to represent the degree by which a quantitative representation may vary (e.g., ±10%) from a stated reference without resulting in a change in the basic function of the subject matter at issue.”
However, these are examples and not a definition of the metes and bounds of the use of the word “substantially” in this context. Thus, it is unclear whether one must be within some small percentage of deviation of the target (such as 0.01 %, 0.1 %, 1 %, 2 %, 5 %, 10 %, or some other percentage) or within a certain number of units of the target and specifically which of these possible values defines the boundaries. Therefore, the claims are rejected as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 29-30 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Claim 29 recites “wherein a voltage is applied between the gate component and ground, the component structure exhibiting quantum Hall resistance.” The claim is indefinite because while claim 29 begins by reciting an apparatus, claim 29 further includes a method of using the structure by applying a voltage. The claim is not considered a product by process claim because the claim does not state that any feature was made using the applied voltage. The claim recites that the apparatus is used in a method of using.
A single claim that includes both an apparatus and a method of using the apparatus is indefinite (See MPEP 2173.05(p)(II)). It is unclear if infringement would occur when the semiconductor device is created as an apparatus or when the semiconductor device is used in operation by applying a voltage. For the purposes of examination the process limitation will be treated as an intended result limitation (i.e. the apparatus must be capable of being used by applying a voltage).
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(s) 1 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by WO2019/173448 (Yan).
Re claim 1, Yan teaches a quantum computing apparatus comprising:
a first layer of superconductor material (NbNx layer);
a not intentionally doped metal-polar Group III nitride nucleation layer (AlN nucleation layer) disposed over at least a portion of the layer of superconductor material;
a Group III nitride buffer layer (GaN buffer layer) epitaxially deposited on at least a portion of the not intentionally doped metal-polar Group III nitride nucleation layer;
a first Group III nitride layer (Al0.4Ga0.6N layer) epitaxially deposited on at least a portion of the Group III nitride buffer layer; and
a second Group III nitride layer (GaN layer) epitaxially deposited on the first Group III nitride layer;
materials and thickness of the first Group III nitride layer and the second Group III nitride layer selected such that an electronic polarization discontinuity across a heterojunction between the first Group III nitride layer and the second Group III nitride layer causes formation of a 2D electron gas (2DEG) below the second Group III nitride layer (Embodiment 1 pages 10-12 Fig. 3a).
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501
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Allowable Subject Matter
Claims 2-12 are 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: Yan further teaches a substrate (SiC substrate Fig. 3a). And Yan teaches forming a matrix array of etched features on a substrate 10 having a first superconducting layer 20 formed thereon, an insulating, semiconductor or metallic layer 30 formed on the first superconducting layer 20, and a second superconducting layer 60 formed on the insulating, semiconductor or metallic layer 30 (Figs. 10a-e embodiment 5 pages 15-18). However, Rusen does not explicitly teach wherein this matrix structure is formed under the transistor structure comprising the 2DEG nor wherein the second superconducting layer 60 is the same as the superconducting layer formed directly on the SiC substrate in the three terminal 2DEG device relied upon in the rejection of claim 1.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRIGITTE A PATERSON whose telephone number is (571)272-1752. The examiner can normally be reached Monday-Friday 9:00AM-5:00PM.
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BRIGITTE A. PATERSON
Primary Examiner
Art Unit 2896
/BRIGITTE A PATERSON/Primary Examiner, Art Unit 2896
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