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 group I, claims 1-13, in the reply filed on March 6, 2026 is acknowledged.
Claim 14 has been withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.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 March 6, 2026.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on December 8, 2023 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
The information disclosure statement filed May 20, 2024 fails to comply with 37 CFR 1.98(a)(2), which requires a legible copy of each cited foreign patent document; each non-patent literature publication or that portion which caused it to be listed; and all other information or that portion which caused it to be listed. It has been placed in the application file, but the information referred to therein has not been considered.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference characters “13” and “23” have both been used to designate “semiconductor layer”; reference characters “29” and “31” have both been used to designate “contact metallization”; reference characters “17” and “19” have both been used to designate “passivation layer”; reference characters “33”, “35” and “39” have been used to designate “insulating layer”; and reference characters “13”, “15”, “17”, “19”, “23”, “25” “33” and “35” have been used to designate “layer”. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “13” has been used to designate “first semiconductor layer”, “semiconductor layer”, “layer” and “upper semiconductor layer”; reference character “15” has been used to designate “gate”, “gate layer”, “layer” and “transistor gate”; reference character “17” has been used to designate “first passivation layer”, “passivation layer” and “layer”; reference character “19” has been used to designate “second passivation layer”, “passivation layer” and “layer”; reference character “23” has been used to designate “second semiconductor layer”, “semiconductor layer”, “layer” and “second conductive layer”; reference character “25” has been used to designate both “layer” and “metal layer”; reference character “29” has been used to designate “source contact metallization”, “contact metallization” and “metallization”; reference character “31” has been used to designate “drain contact metallization”, “contact metallization” and “metallization”; reference character “33” has been used to designate “first insulating layer”, “insulating layer” and “layer”; reference character “35” has been used to designate “second insulating layer”, “insulating layer” and “layer”; reference character “37” has been used to designate both “region” and “metal region”; reference character “39” has been used to designate “third insulating layer”, “insulating layer” and “layer”; and reference character “41” has been used to designate both “region” and “metal region”. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
Applicant is reminded of the proper language and format for an abstract of the disclosure.
The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words. It is important that the abstract not exceed 150 words in length since the space provided for the abstract on the computer tape used by the printer is limited. The form and legal phraseology often used in patent claims, such as "means" and "said," should be avoided. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details.
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, "The disclosure concerns," "The disclosure defined by this invention," "The disclosure describes," etc.
The abstract of the disclosure is objected to because: i) improper language. Changing the words “comprising” (line 2) and “said” (lines 6 and 8) to the words “including” and “the”, respectively, are suggested. Correction is required. See MPEP § 608.01(b); ii) undefined acronyms/symbols, such as “HEMT” (line 1). The examiner suggests that applicant spell out all the acronyms/symbols when using them for the first time in the disclosure.
The specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Claim Objections
Claims 1-13 are objected to because of the following informalities: i) undefined acronyms/symbols, such as “HEMT” (claim 1, line 1). The examiner suggests that applicant spell out all the acronyms/symbols when using them for the first time in the claim; ii) a comma should be inserted after “transistor” (claim 1, line 1); and iii) “further” should be inserted before “comprising” (claims 6 and 8). 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 1-13 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.
The claimed limitation of "a second passivation layer … on a second portion of said first surface of the first semiconductor layer next to the first passivation layer", as recited in claim 1, is unclear as to which element next to the first passivation layer applicant refers.
The claimed limitation of "either side of the gate", as recited in claim 8, is unclear as to whether said limitation is the same as or different from "two or more sides of the gate", as recited in claim 1.
The claimed limitation of “a portion”, as recited in claim 9, is unclear as to whether said limitation is the same as or different from “a first portion” and/or “a second portion”, as recited in claim 1.
Claim 13 recites the limitation "the side of the insulating layer" in lines 2-3. There is insufficient antecedent basis for this limitation in the claim.
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) 1-13, as best understood, is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sheppard et al. (2005/0170574).
As for claim 1, Sheppard et al. show in Fig. 1F and related text a HEMT transistor comprising:
a first semiconductor layer 22;
a gate 32 arranged on a first surface of the first semiconductor layer;
a first passivation layer (lower portion of 24) made of a first material ([0047]: i.e. aluminum oxide) on two or more sides of the gate, the first passivation layer further extending over a first portion of said first surface of the first semiconductor layer; and
a second passivation layer (lower portion of) 34 made of a second material ([0057]: i.e. aluminum nitride) different from the first material on a second portion of said first surface of the first semiconductor layer next to the first passivation layer.
As for claim 2, Sheppard et al. show the first semiconductor layer is based on gallium nitride ([0045]-[0046]).
As for claim 3, Sheppard et al. show the first semiconductor layer is made of aluminum-gallium nitride ([0045]-[0046]).
As for claim 4, Sheppard et al. show the first passivation layer is made of alumina ([0047]).
As for claim 5, Sheppard et al. show the second passivation layer is made of aluminum nitride ([0057]).
As for claim 6, Sheppard et al. show a second semiconductor layer 20 in contact with a second surface of the first semiconductor layer, opposite to the first surface (Fig. 1F).
As for claim 7, Sheppard et al. show the second semiconductor layer is made of gallium nitride ([0044]).
As for claim 8, Sheppard et al. show a source contact metallization 30 and a drain contact metallization 30, respectively arranged on either side of the gate (Fig. 1F).
As for claim 9, Sheppard et al. show the first passivation layer extends laterally from the gate towards the drain contact metallization, over a portion only of the first surface between the gate and the drain contact metallization (Fig. 1F).
As for claim 10, Sheppard et al. show the first passivation layer extends laterally from the gate to the source contact metallization (Fig. 1F).
As for claim 11, Sheppard et al. show the second passivation layer extends laterally from an edge of the first passivation layer located between the gate and the drain contact metallization, to the drain contact metallization (Fig. 1F).
As for claim 12, Sheppard et al. show the first passivation layer is covered with an insulating layer (upper portion of) 24 (Fig. 1F; [0047]).
As for claim 13, Sheppard et al. show the second passivation layer covers the side of the insulating layer located between the gate and a drain contact metallization 30 and extends over a portion of the insulating layer towards the gate (Fig. 1F).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MEIYA LI whose telephone number is (571)270-1572. The examiner can normally be reached Monday-Friday 7AM-3PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, LYNNE GURLEY can be reached at (571)272-1670. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MEIYA LI/Primary Examiner, Art Unit 2811
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