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 1-4) in the reply filed on 08/05/2026 is acknowledged.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1 and 2 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Zhao (US 2024/0204058).
Regarding claim 1, Zhao discloses a semiconductor structure, comprising: a substrate (Fig.14, numeral 102); a gallium nitride layer (104); [0077]) on the substrate (102); a dielectric layer (126) on the gallium nitride layer (104); a passivation oxide layer (128); [0096]) on the dielectric layer (126); and a through gallium nitride via (162) ; [0104]) penetrating the gallium nitride layer (104) and the dielectric layer (126), wherein the through gallium nitride via (162) has a flat side surface (Fig.14), the flat side surface extends from a surface of the through gallium nitride via in contact with the gallium nitride layer (104) to a surface of the through gallium nitride via (162) in contact with the dielectric layer (126), and the passivation oxide layer (128); (154) surrounds an upper portion of the through gallium nitride via (162).
Regarding claim 2, Zhao discloses wherein a bottom surface of the through gallium nitride via (162) is located below a top surface of the substrate (102).
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.
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.
Claim(s) 3 and 4 are rejected under 35 U.S.C. 103 as being unpatentable over Zhao as applied to claim 1 above, and further in view of Rao (US 2024/0055508).
Regarding claim 3, Zhao does not disclose wherein an upper surface of the passivation oxide layer is curved.
Rao however discloses wherein an upper surface of the passivation oxide layer (40) ([0054]) is curved (Fig.1B).
It would have been therefore obvious to one of ordinary skill in the art at the time the invention was field to modify Zhao with Rao to have an upper surface of the passivation oxide layer curved for the purpose of fabrication a HEMT device (Rao, [0002]).
Regarding claim 4, Zhao discloses a conductive layer (Fig.12, numeral 146) disposed on the dielectric layer (126).
Zhao does not disclose that the conductive layer covered by the passivation oxide layer, wherein the passivation oxide layer has a first thickness on a side surface of the conductive layer, the passivation oxide layer has a second thickness on an upper surface of the conductive layer, and the first thickness is larger than the second thickness.
Rao however discloses that the conductive layer (Fig. 2, numeral 22) covered by the passivation oxide layer (40), wherein the passivation oxide layer has a first thickness on a side surface of the conductive layer (22), the passivation oxide layer has a second thickness on an upper surface of the conductive layer, and the first thickness is larger than the second thickness (Fig.1B).
It would have been therefore obvious to one of ordinary skill in the art at the time the invention was filed to modify Zhao with Rao to have the conductive layer covered by the passivation oxide layer, wherein the passivation oxide layer has a first thickness on a side surface of the conductive layer, the passivation oxide layer has a second thickness on an upper surface of the conductive layer, and the first thickness is larger than the second thickness for the purpose of fabrication a HEMT device (Rao, [0002]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JULIA SLUTSKER whose telephone number is (571)270-3849. The examiner can normally be reached Monday-Friday, 9 am-6 pm.
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/JULIA SLUTSKER/Primary Examiner, Art Unit 2891
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