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 1: encompassing claims 1-13, 15-20 in the “Response to Election / Restriction Filed - 07/15/2026”, is acknowledged.
However, listing of all (except one i.e., claim 14) claims on species 1 is against the suggested guideline given in “Requirement for Restriction/Election - 07/01/2026” which copied over here as “Applicant is advised that a reply to this requirement must include an identification of the species that is elected consonant with this requirement, and a listing of all claims readable thereon, including any claims subsequently added. An argument that a claim is allowable or that all claims are generic is considered nonresponsive unless accompanied by an election”.
On the interest of the compact prosecution, instead of issuing nonresponsive action, this office action exclude claim 16-17 along with previously excluded claim 14, as it is found, there is a search and/or examination burden for the patentably distinct species-VII as set forth in ““Requirement for Restriction/Election - 07/01/2026”” because at least the following reasons apply:
the species or groupings of patentably indistinct species have acquired a separate status in the art due to their recognized divergent subject matter as exemplified by the aforementioned mutually exclusive characteristics, while the species or groupings of patentably indistinct species require a different field of search (different search strategies or search queries, as evidenced by the above-defined distinctions between the species) (see MPEP § 808.02) and/or the prior art applicable to one species would not likely be applicable to another species; and/or the inventions are likely to raise different non-prior art issues under 35 U.S.C. 101 and/or 35 U.S.C. 112, first paragraph. Therefore, restriction for examination purposes as indicated is proper
The requirement is still deemed proper , and is therefore made FINAL, and thus the required provisional election (see MPEP § 818.03(b)) remaines an election without traverse.
In view of the above, this office action considers claims 1-20 pending for prosecution, of which, non-elected claims 14,16-17 are withdrawn, and elected claims 1-13, 15 and 18-20 are examined on their merits.
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
Notes: when present, semicolon separated fields within the parenthesis (; ;) represent, for example, as (309; Fig 8; [0063]) = (element 309; Figure No. 8; Paragraph No. [0063]). For brevity, the texts “Element”, “Figure No.” and “Paragraph No.” shall be excluded, though; additional clarification notes may be added within each field. The number of fields may be fewer or more than three indicated above. The primary reference citation may not be preceded by the inventor tag, wherein the other reference citation will carry inventor tag. These conventions are used throughout this document.
Claim 1-9, 12-13,15 and 18-20 are rejected under 35 U.S.C. 102 (a) (1) as being anticipated by ZHONG; Min et al. (US 20210408296 A1) hereinafter referenced as Zhong;
Regarding claim 1, Zhong teaches a transistor, (Transistor; Fig 8; [0063]); comprising (see the entire document, fig 8, 1 to 7 along with other relevant figures, specifically as cited below):
PNG
media_image1.png
429
674
media_image1.png
Greyscale
Zhong Figure 8
a semiconductor channel (309; fig 8; [0042.0063]) comprising a compound semiconductor [0061]: a second transition metal dichalcogenide with semiconductor properties, material, as disclosed in [0010], may be at least one of MoTe.sub.2, MoS.sub.2, MoSe.sub.2, WSe.sub.2, ReSe.sub.2, TaS.sub.2, TaSe.sub.2, TaTe.sub.2, NbS.sub.2, NbSe.sub.2 and NbTe.sub.2) ; and
a source electrode and a drain electrode (307); each electrically connected to the semiconductor channel (309) and each independently comprising a topological conductor (first transition metal dichalcogenide, as disclosed in [0009], may be at least one of MoTe.sub.2, MoS.sub.2 and WTe.sub.2),
wherein the compound semiconductor and the topological conductor comprise at least one metal (Mo or W) element in common.
Regarding claim 2, Zhong as applied to the transistor of claim 1, further teaches, wherein the at least one metal element (Mo or W, cited in claim 1) comprises molybdenum, tungsten ([0009-0010]),(tantalum, niobium, cobalt, titanium, iron, manganese, gallium, hafnium, zinc, vanadium, indium, nickel, tin, platinum, chromium, copper, ruthenium, aluminum, zirconium, rhodium, thallium, iridium, palladium, rhenium, cadmium, osmium, or lead).
Regarding claim 3, Zhong as applied to the transistor of claim 1, further teaches, wherein
the compound semiconductor is represented by Chemical Formula 1, and
the topological conductor is represented by Chemical Formula 2
Chemical Formula 1
Ma(XeY1-e)b ([0005]: Chemical formula of transition metal dichalcogenide (TMD) is MX.sub.2 type, M is a metal, X represents a chalcogen (such as S, Se, Te and specifically, its manifestation in at least one of MoTe.sub.2, MoS.sub.2, MoSe.sub.2, WSe.sub.2, ReSe.sub.2, TaS.sub.2, TaSe.sub.2, TaTe.sub.2, NbS.sub.2, NbSe.sub.2 and NbTe.sub.2; disclosed in [0010], met the formula and constituent element )
Chemical Formula 2
Mc(YfX1-f)d ([0005]: Chemical formula of transition metal dichalcogenide (TMD) is MX.sub.2 type, M is a metal, X can be Y and represents a chalcogen (such as S, Se, Te and specifically, its manifestation in at least one of MoTe.sub.2, MoS.sub.2 and WTe.sub.2 disclosed in [0009], met the formula and constituent element)
wherein, in Chemical Formula 1 and Chemical Formula 2,
each M is independently at least one metal element,
each X is independently at least one of S, Se, Te, O, N, or P,
each Y is independently different from X and is at least one of S, Se, Te, C, N, P, As, Sb, or Si, and
0<a≤10, 0<b≤10, 0<c≤10, 0<d≤10, 0.7<e≤1 and 0.7<f≤1.
Examiner note that, ipsis verbis, such as “Mc(YfX1-f)d” or “Mc(YfX1-f)d” is not required to understand the formula1 and formula2 construction (See Vas-Cath, 935 F.2d at 1563, 19 USPQ2d at 1116; Martin v. Johnson, 454 F.2d 746, 751, 172 USPQ 391, 395 (CCPA 1972)), since the realization of cited substances derived from formulae show what types and amounts of atoms make up the formulae construction.
Regarding claim 4, Zhong as applied to the transistor of claim 1, further teaches, wherein
the compound semiconductor is represented by Chemical Formula 1-1, and
the topological conductor is represented by Chemical Formula 2
Chemical Formula 1-1
MaXb ([0005]: Chemical formula of transition metal dichalcogenide (TMD) is MX.sub.2 type, M is a metal, X represents a chalcogen (such as S, Se, Te and specifically, its manifestation in at least one of MoTe.sub.2, MoS.sub.2, MoSe.sub.2, WSe.sub.2, ReSe.sub.2, TaS.sub.2, TaSe.sub.2, TaTe.sub.2, NbS.sub.2, NbSe.sub.2 and NbTe.sub.2; disclosed in [0010], met the formula and constituent element )
Chemical Formula 2
Mc(YfX1-f)d ([0005]: Chemical formula of transition metal dichalcogenide (TMD) is MX.sub.2 type, M is a metal, X can be Y and represents a chalcogen (such as S, Se, Te and specifically, its manifestation in at least one of MoTe.sub.2, MoS.sub.2 and WTe.sub.2 disclosed in [0009], met the formula and constituent element)
wherein, in Chemical Formula 1-1 and Chemical Formula 2,
each M is independently at least one metal element,
each X is independently at least one of S, Se, Te, O, N, or P,
each Y independently is different from X and is at least one of S, Se, Te, C, N, P, As, Sb, or Si, and
0<a≤10, 0<b≤10, 0<c≤10, 0<d≤10 and 0.7<f≤1.
Examiner note that, ipsis verbis, such as “MaXb” or “Mc(YfX1-f)d” is not required to understand the formula 1-1 and formula2 construction (See Vas-Cath, 935 F.2d at 1563, 19 USPQ2d at 1116; Martin v. Johnson, 454 F.2d 746, 751, 172 USPQ 391, 395 (CCPA 1972)), since the realization of cited substances derived from formulae show what types and amounts of atoms make up the formulae construction.
Regarding claim 5, Zhong as applied to the transistor of claim 1, further teaches, wherein
the compound semiconductor is represented by Chemical Formula 1, and
the topological conductor is represented by Chemical Formula 2-1
Chemical Formula 1
Ma(XeY1-e)b ([0005]: Chemical formula of transition metal dichalcogenide (TMD) is MX.sub.2 type, M is a metal, X represents a chalcogen (such as S, Se, Te and specifically, its manifestation in at least one of MoTe.sub.2, MoS.sub.2, MoSe.sub.2, WSe.sub.2, ReSe.sub.2, TaS.sub.2, TaSe.sub.2, TaTe.sub.2, NbS.sub.2, NbSe.sub.2 and NbTe.sub.2; disclosed in [0010], met the formula and constituent element )
Chemical Formula 2-1
McYd ([0005]: Chemical formula of transition metal dichalcogenide (TMD) is MX.sub.2 type, M is a metal, X can be Y and represents a chalcogen (such as S, Se, Te and specifically, its manifestation in at least one of MoTe.sub.2, MoS.sub.2 and WTe.sub.2 disclosed in [0009], met the formula and constituent element)
wherein, in Chemical Formula 1 and Chemical Formula 2-1,
each M is independently at least one metal element,
each X is independently at least one of S, Se, Te, O, N, or P,
each Y is independently different from X and is at least one of S, Se, Te, C, N, P, As, Sb, or Si, and
0<a≤10, 0<b≤10, 0<c≤10, 0<d≤10 and 0.7<e≤1.
Examiner note that ., ipsis verbis, such as “Mc(YfX1-f)d” or “Mc(YfX1-f)d” is not required to understand the formula1 and formula 2-1 construction (See Vas-Cath, 935 F.2d at 1563, 19 USPQ2d at 1116; Martin v. Johnson, 454 F.2d 746, 751, 172 USPQ 391, 395 (CCPA 1972)), since the realization of cited substances derived from formulae show what types and amounts of atoms make up the formulae construction.
Regarding claim 6, Zhong as applied to the transistor of claim 1, further teaches, wherein
the compound semiconductor is represented by Chemical Formula 1-1, and
the topological conductor is represented by Chemical Formula 2-1
Chemical Formula 1-1
MaXb ([0005]: Chemical formula of transition metal dichalcogenide (TMD) is MX.sub.2 type, M is a metal, X represents a chalcogen (such as S, Se, Te and specifically, its manifestation in at least one of MoTe.sub.2, MoS.sub.2, MoSe.sub.2, WSe.sub.2, ReSe.sub.2, TaS.sub.2, TaSe.sub.2, TaTe.sub.2, NbS.sub.2, NbSe.sub.2 and NbTe.sub.2; disclosed in [0010], met the formula )
Chemical Formula 2-1
McYd ([0005]: Chemical formula of transition metal dichalcogenide (TMD) is MX.sub.2 type, M is a metal, X can be Y and represents a chalcogen (such as S, Se, Te and specifically, its manifestation in at least one of MoTe.sub.2, MoS.sub.2 and WTe.sub.2 disclosed in [0009], met the formula)
wherein, in Chemical Formula 1-1 and Chemical Formula 2-1,
each M is independently at least one metal element,
each X is independently at least one of S, Se, Te, O, N, or P,
each Y is independently different from X and is at least one of S, Se, Te, C, N, P, As, Sb, or Si, and
0<a≤10, 0<b≤10, 0<c≤10 and 0<d≤10.
Examiner note that ., ipsis verbis, such as “MaXb” or “McYd” is not required to understand the formula 1-1 and formula 2-1 construction (See Vas-Cath, 935 F.2d at 1563, 19 USPQ2d at 1116; Martin v. Johnson, 454 F.2d 746, 751, 172 USPQ 391, 395 (CCPA 1972)), since the realization of cited substances derived from formulae show what types and amounts of atoms make up the formulae construction.
Regarding claim 7, Zhong as applied to the transistor of claim 6, further teaches (l0005,0010]), wherein
the compound semiconductor represented by Chemical Formula 1-1 comprises at least one of CuS, MoS2, MoSe2, MoSSe, MoSTe, Mo1-xWxS2, Mo1-xWxSe2, Mo1-xWxTe2, Mo1-xNbxS2, Mo1-xNbxSe2, Mo1-xTaxS2, Mo1-xTaxSe2, Mo1-xWxSSe, MoTe2, WS2, WSe2, WSSe, WTe2, WSTe, W1-xNbxS2, W1-xNbxSe2, PtS2, PtSe2, PtTe2, PdSe2, TaS2, TaSe2, Ta1-xWxS2, Ta1-xWxSe2, CoPS3, CrPS4, Cu1-xCrxP2S6, NiPS3, Ta2O5, Ta3N5, TaON, Nb2O5, wherein x in each of the foregoing is independently 0≤x≤1.
Regarding claim 8, Zhong as applied to the transistor of claim 6, further teaches (l0005,0009]), wherein the topological conductor represented by Chemical Formula 2-1 comprises at least one of MoP, MoTe2, MoC, MoN, WC, WN, WTe2, TaN, TaAs, TaP, TaSb2, NbN, NbS, NbP, NbAs, ZrTe, or Cd3As2.
Regarding claim 9, Zhong as applied to the transistor of claim 1, further teaches, wherein
the compound semiconductor comprises a one-dimensional, two-dimensional, ([0048]) or three-dimensional semiconducting material, and
the topological conductor comprises a one-dimensional or two-dimensional ([0048]) conductive material.
Regarding claim 12, Zhong as applied to the transistor of claim 1, further teaches, wherein the source electrode and the drain electrode each independently have a width of about 0.1 nanometer to about 100 nanometers ([0056]:8 nm).
Regarding claim 13, Zhong as applied to the transistor of claim 1, further teaches, wherein the semiconductor channel, the source electrode, and the drain electrode each independently have a thickness of about 0.1 nanometer to about 20 nanometers ([0061] 5 nm).
Regarding claim 15, Zhong as applied to the transistor of claim 1, further teaches, wherein
the compound semiconductor (309) and the topological conductor (307) have the same or different crystal structures, and
an interface between the semiconductor channel (309)and the source electrode or the drain electrode (309) has a continuous crystal structure comprising the at least one metal element (Mo or W; cited in claim 1, comprising molybdenum, tungsten ([0009-0010]).
Regarding claim 18, Zhong as applied to the transistor of claim 1, further teaches, (the transistor) further comprising
a gate electrode (304; Fig 8; [0063,0042]) disposed on (considered flipped layout) the semiconductor channel (309), and
a gate insulating layer (305; Fig 8; [0063,0042]) located between the semiconductor channel (309) and the gate electrode (304).
Regarding claim 19. A device ([0043]) comprising the transistor of claim 1 taught by Zhong.
Regarding claim 20, Zhong as applied to device of claim 19, further teaches,, wherein the device ([0043]) is a semiconductor device ([0002]) or a display device.
Claim Rejections - 35 USC § 103
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 of this title, 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.
Claims 10-11 are rejected under 35 U.S.C. 103 as being unpatentable over ZHONG; Min et al. (US 20210408296 A1) hereinafter referenced as Zhong
Regarding claim 10, Zhong as applied to the transistor of claim 1, does no expressly disclose, wherein a change in a resistivity of the topological conductor (307) resulting from a 10% reduction in line width is less than about 2 times relative to a resistivity of the topological conductor without the 10% reduction in line width.
It is noted that it has been held that "Products of identical chemical composition cannot have mutually exclusive properties." A chemical composition and its properties are inseparable. Therefore, if the prior art teaches the identical chemical structure, the properties applicant discloses and/or claims are necessarily present. In re Spada, 15 USPQ2d 1655, 1658 (Fed. Cir. 1990). In this case, because the topological conductor (307) comprises the same material as claimed, the topological conductor (307) will inherently has the property wherein a resistivity of the topological conductor (307) resulting from a 10% reduction in line width is less than about 2 times relative to a resistivity of the topological conductor without the 10% reduction in line width”.
Accordingly, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the claimed invention, to have the topological conductor (307) a 10% reduction in line width which is within the level of ordinary skill in the art, and thereafter, the property wherein a change in a resistivity of the topological conductor (307) resulting from a 10% reduction in line width is less than about 2 times relative to a resistivity of the topological conductor without the 10% reduction in line width.
Regarding claim 11, Zhong as applied to the transistor of claim 1, does no expressly disclose wherein a difference between a resistivity of the topological conductor (307) with a 3 nanometers line width and a resistivity of the topological conductor with a 40 nm line width is less than about 10 times the resistivity of the topological conductor with the 40 nanometers line width.
It is noted that it has been held that "Products of identical chemical composition cannot have mutually exclusive properties." A chemical composition and its properties are inseparable. Therefore, if the prior art teaches the identical chemical structure, the properties applicant discloses and/or claims are necessarily present. In re Spada, 15 USPQ2d 1655, 1658 (Fed. Cir. 1990). In this case, because the topological conductor (307) comprises the same material as claimed, the topological conductor (307) will inherently has the property a difference between a resistivity of the topological conductor (307) with a 3 nanometers line width and a resistivity of the topological conductor with a 40 nm line width is less than about 10 times the resistivity of the topological conductor with the 40 nanometers line width
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MOAZZAM HOSSAIN whose telephone number is (571)270-7960. The examiner can normally be reached M-F: 8:30AM - 6:00 PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Julio J. Maldonado can be reached on 571-272-1864. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/MOAZZAM HOSSAIN/Primary Examiner, Art Unit 2898
August 14, 2026
Prosecution Insights