DETAILED ACTION
Specification
1. The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
Claim Objections
2. Claim 5 is objected to because of the following informalities:
In claim 5, line 2, 3, “the drain electrode” should be changed to “the drain electrode metal” in order to be in consistent with what is priorly defined in independent claims 1, 3 (in claim 3 having “the drain electrode metal” because “the drain electrode”, in claim 5, lacks of antecedent basis).
Appropriate correction is required.
Claim Rejections - 35 USC § 103
3. 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.
4. Claim(s) 1 – 6, 9 – 14, 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bothe et al. (20220328634) in view of Sheridan (10777673).
With regard to claim 1, Bothe et al. disclose a high electron mobility transistor (for example, see fig. 4, and paragraphs [0069], [0091]) comprising:
a GaN epi-layer (190; for example, see paragraph [0076]);
a first passivation layer (layer 125; for example, see paragraph [0093]) deposited on the GaN epi-layer (190);
a source electrode metal (both layers 122 and 123A as annotated in fig. 4 below functioning as a source electrode metal wherein the conductive source layer 123A inherently made of a metal material in order to secure the electrical connections; for example, see paragraph [0084]) recessed into the first passivation layer (125) and deposited on the GaN epi-layer (190) for forming an Ohmic contact (122; for example, see paragraph [0084]) on the GaN epi-layer (190),
the source electrode metal (122, 123A) having a source field plate (referred to as “123A” by examiner’s annotation shown in fig. 4 below) with a source field plate length (there is inherently a length in the source field plate);
a drain electrode metal (both layers 124 and 123B as annotated in fig. 4 below functioning as a drain electrode metal wherein the conductive drain layer 123B inherently made of a metal material in order to secure the electrical connections; for example, see paragraph [0084]) recessed (a recess at the inner edge 124A) into the first passivation layer (125) and deposited on the GaN epi-layer (190) for forming an Ohmic contact (124; for example, see paragraph [0084]) on the GaN epi-layer (190),
the drain electrode metal (124, 123B) having a drain field plate (referred to as “123B” by examiner’s annotation shown in fig. 4 below) with a drain field plate length (there is inherently a length in the drain field plate);
a gate electrode (126) recessed into the first passivation layer (125) and deposited on the GaN epi-layer (190) and situated between the source electrode metal (122, 123A) and the drain electrode metal (124, 123B); and
a field plate (128) situated between the gate electrode (126) and the drain electrode metal (124, 123B).
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Bothe et al. do not clearly disclose the length of the drain field plate is greater than the length of the source field plate.
However, Sheridan discloses the length (the length LSD-FP2) of the drain field plate (a source/drain plate 140-2 functioning as a drain field plate) is greater than the length (the length LSD-FP1) of the source field plate (a source/drain plate 140-1 functioning as a source field plate). (for example, see fig. 3 of Sheridan).
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Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the Bothe et al.’s device to have the length of the drain field plate is greater than the length of the source field plate as taught by Sheridan in order to enhance a high electron mobility efficiency of the device for enhancing a stability operation of the semiconductor device, as is known to one of ordinary skill in the art.
With regard to claim 2, Bothe et al. disclose a distance between the field plate (128) and the drain field plate (123B) is equal to or larger than 0.5 um. (a distance TT-FP2 between the field plate (128) and the gate (126) is 0.5 um; for example, see paragraph [0099]; while the distance, between the field plate (128) and the drain field plate (123B), is greater than distance TT-FP2 between the field plate (128) and the gate (126). Therefore, it is inherently the distance between the field plate (128) and the drain field plate (123B) is larger than 0.5 um).
With regard to claim 3, Bothe et al. disclose the drain field plate (123B) is a drain extension of the drain electrode metal (124, 123B) extended toward the gate electrode (126), and the field plate (128) and the drain field plate (123B) are deposited on the first passivation layer (125).
With regard to claim 4, Bothe et al. disclose the drain field plate is divided into a first drain extension section (referred to as “123B1” by examiner’s annotation shown in fig. 4 below) and a second extension section (referred to as “123B2” by examiner’s annotation shown in fig. 4 below), wherein the first drain extension section (123B1) and the second extension section (123B2) are spaced apart, with the second extension section (123B2) situated between the field plate (128) and the first drain extension section (123B1).
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With regard to claim 5, Bothe et al. disclose the second drain extension section (123B2) is electrically connected to the drain electrode metal (124, 123B).
With regard to claim 6, Bothe et al. disclose a second passivation layer (121) covering the first passivation layer (125), covering (covering a bottom surface or a top surface) the source electrode metal (122, 123A), and the drain electrode metal (124, 123B), wherein the drain field plate (123B) is a combination of a first additional drain field plate (referred to as “123B3” by examiner’s annotation shown in fig. 4 below), a first drain extension section (referred to as “123B1” by examiner’s annotation shown in fig. 4 below) and a second extension section (referred to as “123B2” by examiner’s annotation shown in fig. 4 below); the first drain extension section (123B1) and the second extension section (123B2) are situated on (above) the first passivation layer (125); and both the field plate (128) and the first additional drain field plate (123B3) are situated on (above) the second passivation layer (121) such that a portion of the first additional drain field plate (123B3) is overlapping with the second extension section (123B2) and is electrically connected to the second extension section (123B2) by vias (referred to as “V1” by examiner’s annotation shown in fig. 4 below) in the second passivation layer (121).
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With regard to claim 9, Bothe et al. disclose the drain field plate (124, 123B) comprises a first drain extension section (referred to as “123B1” by examiner’s annotation shown in fig. 4 below) and a second extension section (referred to as “123B2” by examiner’s annotation shown in fig. 4 below), wherein the first passivation layer (both layers 121, 125 can also to be the first passivation layer) under the bottom of the first drain extension section (123B1) is recessed (a recess at an edge 124A) and the first passivation layer (121, 125) under the second drain extension section (123B2) remains full thickness.
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With regard to claim 10, Bothe et al. disclose the first passivation layer (both layers 121, 125 can also to be the first passivation layer) under the first drain extension section (123B1) and the first passivation layer (121, 125) under the second extension section (123B1) form a stepped shape (referred to as “S1” by examiner’s annotation shown in fig. 4 below), with a tapered profile (referred to as “S2” by examiner’s annotation shown in fig. 4 below).
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With regard to claim 11, Bothe et al. disclose the drain field plate (123B) deposited on the first passivation layer (125 or both layers 121, 125) and is divided into a first drain extension section (referred to as “123B1” by examiner’s annotation shown in fig. 4 below), a second extension section (referred to as “123B2” by examiner’s annotation shown in fig. 4 below), and a third drain extension section (referred to as “123B3” by examiner’s annotation shown in fig. 4 below), wherein the first passivation layer (125) under the bottom of the third drain extension section (123B1) is recessed (a recess at an edge 124A) while remains full thickness under the other two extension sections (123B2, 123B3); and two opposite sides (left and right sides) of the second extension section (123B2) are connected with the first drain extension section (123B1) and the third drain extension section (123B3) respectively.
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With regard to claim 12, Bothe et al. disclose the first drain extension section (123B1) is a drain extension of the drain electrode metal (123B, 124) extended toward the gate electrode (126).
With regard to claim 13, Bothe et al. disclose the first passivation layer (both layers 121, 125 can also to be the first passivation layer) is inherently etched to form a stepped shape (referred to as “S1” by examiner’s annotation shown in fig. 4 below), with a tapered profile (referred to as “S2” by examiner’s annotation shown in fig. 4 below).
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With regard to claim 14, Bothe et al. disclose a second passivation layer (121) and a second additional drain field plate (referred to as “123B2” by examiner’s annotation shown in fig. 4 below), wherein the drain field plate (123B) is deposited on the first passivation layer (125), the field plate (128) is deposited on the second passivation layer (121), and a portion of the second additional drain field plate (123B2) is overlapping with the drain field plate (123B).
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With regard to claim 18, Bothe et al. disclose the second additional drain field plate (123B2) is electrically connected to the drain electrode metal (124, 123B).
Double Patenting
5. The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1 – 5, 14, 18 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 – 4, 12 of U.S. Patent No. (11848376) in view of Lai et al. (11799000).
With regard to claim 1 of Applicant, claim 1 of U.S. Patent No. (11848376) discloses every limitation except for forming Ohmic contacts on the GaN epi-layer.
However, claim 1 of Lai et al. (11799000) discloses forming Ohmic contacts on the GaN epi-layer.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the U.S. Patent No. (11848376)’s device to have Ohmic contacts on the GaN epi-layer as taught by Lai et al. (11799000) in order to reduce the source/drain resistance for enhancing a stability operation of the semiconductor device, as is known to one of ordinary skill in the art.
Claim 2 of current Applicant’s Application is corresponding to claim 2 of U.S. Patent No. (11848376).
Claim 3 of current Applicant’s Application is corresponding to claim 3 of U.S. Patent No. (11848376).
Claim 4 of current Applicant’s Application is corresponding to claim 4 of U.S. Patent No. (11848376).
Claim 5 of current Applicant’s Application is corresponding to claim 4 of U.S. Patent No. (11848376) because it is inherently the high electron mobility transistor as claimed in claim 4 of the U.S. Patent No. (11848376) having the second drain extension section is electrically connected to the drain electrode in order to secure the electrical connections between the drain extension sections.
Claim 14 of current Applicant’s Application is corresponding to claim 12 of U.S. Patent No. (11848376).
Claim 18 of current Applicant’s Application is corresponding to claim 12 of U.S. Patent No. (11848376) because it is inherently the high electron mobility transistor as claimed in claim 12 of the U.S. Patent No. (11848376) having the second additional drain field plate is electrically connected to the drain electrode metal in order to secure the electrical connections between the drain field plate and the drain electrode metal.
Allowable Subject Matter
6. Claims 7, 8, 15 - 17 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.
Claims 7, 8 are allowable over the prior art of record, because none of these references disclose or can be combined to yield the claimed invention such as the first drain extension section and the second extension section are spaced apart, with the first extension section being an extension of the drain electrode metal toward the gate electrode and the second extension section situated between the field plate and the first drain extension section as recited in claim 7.
Claims 15 - 17 are allowable over the prior art of record, because none of these references disclose or can be combined to yield the claimed invention such as the second additional drain field plate is divided into a first section, a second section, and a third section, wherein both the first section and the third section are deposited on the second passivation layer, the second passivation layer under the second section is recessed such that the bottom of the second section is deposited on the first passivation layer, and two opposite sides of the second section are connected with the first section and the third section respectively as recited in claim 15.
Conclusion
7. Any inquiry concerning this communication or earlier communications from the examiner should be directed to TAN N TRAN whose telephone number is (571) 272 - 1923. The examiner can normally be reached on 8:30-5:00PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Davienne Monbleau can be reached on (571) 272-1945. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TAN N TRAN/
Primary Examiner, Art Unit 2812