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
Applicant’s election without traverse of Species II (claims 1, 4, and 5) in the reply filed on 5/15/2026 is acknowledged.
Claims 2, 3, and 6-17 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 5/15/2026.
Claim Objections
Claim 1 is objected to because of the following informalities: in lines 1-2, "the epitaxial layer" should be amended to read -the several epitaxial layers-. Appropriate correction is required.
Claim 4 is objected to because of the following informalities: in line 4, "the voltage on the first contact" should be amended to read -a voltage. Appropriate correction is required.
Claim 4 is objected to because of the following informalities: in line 5, "on the voltage on the second contact" should be amended to read -a voltage on the second contact-. Appropriate correction is required.
Claim 5 is objected to because of the following informalities: in line 2, "an sense" should be amended to read -a sense-. Appropriate correction is required.
Claim 5 is objected to because of the following informalities: in line 8, "signal, connect" should be amended to read -signal and connect-. 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.
Claim 4 is 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 4 recites in line 3, “ a substrate”. Claim 1, from which claim 4 depends, recites in line 2 “a substrate”. It is unclear if the substrate in line 3 of claim 4 is the same as or different from the substrate of claim 1. Examiner interprets that they are the same substrate and line 3 of claim 4, “a substrate” should be amended to read –the substrate–. Claim 5 inherits the deficiencies of claim 4. Should “a substrate” of claim 4, line 3 be different from that of claim 1, a different identifier should be used in claims 4 and 5 so as to ensure clarity. Appropriate correction is required.
Claim Rejections - 35 USC § 102
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.
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 1 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Honea et al (US 2009/0065810 and Honea hereinafter).
Honea discloses a bidirectional switch (Fig. 11b; [0032] and [0046]) comprising: several layers (comprising 94 and 98; [0031] and [0037]) epitaxially grown (“epitaxially grown” is a product-by-process limitation and is given little patentable weight, see MPEP 2113; as the product of Honea is the same as what is claimed by the product-by-process limitation, namely several layers (Examiner interprets that 94 and 98 each comprise multiple sub-layers that provide “several” as the claim doesn’t state that each layer of the several layers should be different in material from one another) formed on a substrate, the claimed limitation is met) on a substrate (25; [0027]) in a particular growth direction (vertical direction), the epitaxial layer (comprising 94 and 98) comprising a channel layer (94; [0032]) and a barrier layer (98; [0032]) epitaxially grown (“epitaxially grown” is a product-by-process limitation and is given little patentable weight, see MPEP 2113; as the product of Honea is the same as what is claimed by the product-by-process limitation, namely several layers formed on a substrate, the claimed limitation is met) on the channel layer (94), an interface of the barrier layer (98) and the channel layer (94) defining a heterojunction (GaN/AlGaN heterojunction) that induces a two-dimensional electron gas (2DEG) (dotted line in Figure; [0031]) within the channel layer (94), the 2DEG (dotted line in Figure) extending perpendicular (horizontal direction) to the epitaxial growth direction (vertical direction); a first contact (left 27; [0031]) that is an ohmic contact with a first portion (left portion) of the 2DEG ([0031] and [0033]); a second contact (right 27; [0031]) that is an ohmic contact with a second portion (right portion) of the 2DEG ([0031] and [0033]); a first gate electrode (left 26; [0031]) disposed over the barrier layer (98), and being disposed between the first contact (left 27) and the second contact (right 27); and a second gate electrode (right 26; [0031]) disposed over the barrier layer (98), and being disposed between the first gate electrode (left 26) and the second contact (right 27), the 2DEG (dotted line in the Figure) between the first gate electrode (left 26) and the second gate electrode (right 26) defining a common drain region (where 28 is formed; [0033]), such that a first high-electron-mobility transistor (comprising left 27, left 26, and 28) has the first contact (left 27) as a source contact ([0033]), the first gate electrode (left 26) as a gate electrode ([0033]), and the common drain region (28) as a drain ([0033]), and such that a second high-electron-mobility transistor (comprising right 27, right 26, and 28) has the second contact (right 27) as a source contact ([0033]), the second gate electrode (right 26) as a gate electrode ([0033]), and the common drain region (28) as a drain ([0033]), wherein the bidirectional switch comprises the first high-electron-mobility transistor (comprising left 27, left 26, and 28) and the second high-electron-mobility transistor (comprising right 27, right 26, and 28) connected in series (as shown in Fig. 11a; [0046]) with the common drain region (28).
Allowable Subject Matter
Claims 4 and 5 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSEPH C NICELY whose telephone number is (571)270-3834. The examiner can normally be reached Monday-Friday 7:30 am - 4 pm, EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Steven Gauthier can be reached at (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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JOSEPH C. NICELY
Primary Examiner
Art Unit 2813
/JOSEPH C. NICELY/Primary Examiner, Art Unit 2813
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