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Claims 8-11 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.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 2/19/2026.
Claims 1-7 are elected for examination.
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 3-4 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 3 recites the limitation "the connection surface" in line 3. There is insufficient antecedent basis for this limitation in the claim.
Claim 4 recites the limitation "the connection surface" in lines 1-2. There is insufficient antecedent basis for this limitation in the claim.
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) 1-7 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]).
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 6, Kikkawa in view of Endo disclose the high electron mobility transistor of claim 1 (paragraphs above).
Kikkawa further discloses wherein a bottom surface of the hollow part is between the connection surface the supply layer (123; as supply layer is made of layer regions 3/4/5 as combined with Endo, above), and the connection surface of the lower layer of supply layer (123) and the channel layer (122).
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]).
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
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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/SHAUN M CAMPBELL/Primary Examiner, Art Unit 2893 3/18/2026