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 .
DETAILED ACTION
Election/Restrictions
Claims 1-5 and 7 are elected for examination.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-5 and 7 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. The Applicant’s original disclosure did not reasonably convey to one skill in the art that the inventors had possession of the claimed first and second anti-reflective layers, as required in amended claim 1.
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 1-5 and 7 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 1 recites the limitation "the first anti-reflective layer" in line 5. There is insufficient antecedent basis for this limitation in the claim. Claims 2-5 and 7 are indefinite because of their dependence from claim 1.
Claim Rejections - 35 USC § 103
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 (i.e., changing from AIA to pre-AIA ) 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1-5 and 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kikkawa (US Pub. No. 2014/0091316 A1) in view of Endo et al. (US Pub. No. 2012/0056191 A1), hereafter referred to as Endo.
As to claim 1, Kikkawa discloses a high electron mobility transistor (fig 7, [0033], [0035]), comprising:
a substrate (110);
a buffer layer (121) located on the substrate (110);
a channel layer (122) located on the buffer layer (121);
a first semiconductor epitaxial structure (123; [0033]) located on the channel layer (122) and including a supply layer ([0033]), and the first semiconductor epitaxial structure being formed with a hollow part (hollow middle part), and the hollow part extending from a top surface of the supply layer (123) toward the channel layer (122);
a second semiconductor epitaxial structure (126/127) located in the hollow part (hollow part of 123) and sequentially including an aluminum gallium nitride layer (126; [0035]) and a P-type gallium nitride layer (127; [0033]);
a drain (133) and a source (132) respectively arranged on the top surface of the supply layer (123); and
a gate (131) arranged on a top surface of the P-type gallium nitride layer (127).
Kikkawa does not disclose wherein the supply layer sequentially includes a first aluminum gallium nitride layer, a supply layer and a second aluminum gallium nitride layer.
Nonetheless, Endo discloses a HEMT (fig 1, [0027]) including a supply layer that sequentially includes a first aluminum gallium nitride layer, a supply layer and a second aluminum gallium nitride layer (fig 1, supply layer 8 including layers 3/4/5; [0028]),
wherein a bottom surface of the hollow part (9) is between the connection surface the supply layer (Kikkawa’s supply layer 123; as supply layer is made of layer regions 3/4/5 as combined with Endo, below, see supply layer 4 of Endo) and the connection surface of the first aluminum gallium nitride layer (5), and the connection surface of the lower layer of supply layer and the channel layer (See Kikkawa’s layers 122, 123) and the connection surface of the first aluminum gallium nitride layer (fig 3, layer 3) and the channel layer 2).
It would have been obvious to one of ordinary skill in the art before the effective filing of the claimed invention to form the supply layer of Kikkawa with the three layer stack as taught by Endo since this will improve control of the depth of a recess in the layers above the channel region.
As to claim 2, Kikkawa in view of Endo disclose the high electron mobility transistor of claim 1 (paragraphs above).
Kikkawa further discloses wherein the top surface of the supply layer (123) of the first semiconductor epitaxial structure (123) and the top surface of the P-type gallium nitride layer (127) are not on the same plane.
As to claim 3, Kikkawa in view of Endo disclose the high electron mobility transistor of claim 1 (paragraphs above).
Kikkawa further discloses wherein the top surface of the supply layer of the first semiconductor epitaxial structure (123) and the connection surface between the aluminum gallium nitride layer and the P-type gallium nitride layer of the second semiconductor epitaxial structure are not on the same plane (surface between 126/127).
As to claim 4, Kikkawa in view of Endo disclose the high electron mobility transistor of claim 1 (paragraphs above).
Kikkawa further discloses wherein the connection surface between the aluminum gallium nitride layer (126) and the P-type gallium nitride layer (127) of the second semiconductor epitaxial structure is not higher than the top surface of the supply layer (123) of the first semiconductor epitaxial structure (123).
As to claim 5, Kikkawa in view of Endo disclose the high electron mobility transistor of claim 1 (paragraphs above).
Kikkawa further discloses wherein the supply layer is an N-type aluminum gallium nitride layer ([0040]).
As to claim 7, Kikkawa in view of Endo disclose the high electron mobility transistor of claim 1 (paragraphs above).
Kikkawa further discloses wherein the thickness of the aluminum gallium nitride layer of the second semiconductor epitaxial structure is from 10 nm to 50 nm ([0035]), and the thickness of the P-type gallium nitride layer is from 1 nm to 100 nm ([0035]).
Response to Arguments
Applicant's arguments filed 6/25/2026 have been fully considered but they are not persuasive.
Applicant argued that the amendments to claims 3-4 overcome the 112(b) rejections made in the last office action.
Examiner agrees that the amendments to claims 3-4 overcome the 112(b) rejections made in the last office action.
Applicant argued that Endo’s first AlGaN layer 3 and second AlGaN layer are both n-doped while the first and second AlGaN layers of the current application are both undoped and neither the first AlGaN layer nor the second AlGaN layer serves as a supply layer. The aforementioned structural features are not disclosed by Endo.
Examiner disagrees because the Applicant’s current claims only recite a first AlGaN layer and a second AlGaN layer but does not specify if these layers serves as a supply layer or are doped or undoped. As such, this argument is not persuasive to overcome the reference.
Applicant argued that the etching depth of each embodiment designed by Endo is always within the entire electron supply layer 8 and does not pass through the electron supply layer 8. In contrast, the present application, the hollow part 44 must pass through the supply layer 42 and partially into the first AlGaN layer 41.
Examiner disagrees because, as addressed in the response to argument above, the first AlGaN layer of Endo may be considered to be the claimed first AlGaN layer because the claim does not specify that the first AlGaN layer is not an additional supply layer.
Applicant argued that Kikkawa in view of Endo does not disclose the depth of the bottom surface of the hollow part as claimed.
Examiner disagrees because figure 3 of Endo shows wherein the depth of the hollow part 9 is between the connection surface of the first AlGaN layer 3 and the supply layer 4, and the connection surface of the first AlGaN layer 3 and the channel layer 2.
Pertinent Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 2023/0197840A1; US 2023/0163207A1; US 2023/0015042A1.
Conclusion
THIS ACTION IS MADE FINAL. 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHAUN M CAMPBELL whose telephone number is (571)270-3830. The examiner can normally be reached on MWFS: 7:30-6pm Thurs 1-2pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Purvis, Sue can be reached at (571)272-1236. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SHAUN M CAMPBELL/Primary Examiner, Art Unit 2893 7/20/2026
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