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`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and TrademarkOffice
`Address; COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`15/958,075
`
`04/20/2018
`
`Hideyuki Okita
`
`070469-0667
`
`1032
`
`McDermott Will and Emery LLP
`The McDermott Building
`500 North Capitol Street, N.W.
`Washington, DC 20001
`
`NADAY,ORI
`
`2811
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`07/30/2021
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time period for reply, if any, is set in the attached communication.
`
`Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
`following e-mail address(es):
`
`mweipdocket@mwe.com
`
`PTOL-90A (Rev. 04/07)
`
`

`

`Office Action Summary
`
`Application No.
`15/958,075
`Examiner
`ORI NADAV
`
`Applicant(s)
`Okita etal.
`Art Unit
`2811
`
`AIA (FITF) Status
`Yes
`
`-- The MAILING DATEofthis communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLYIS SET TO EXPIRE 3 MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensions of time may be available underthe provisions of 37 CFR 1.136(a). In no event, however, may a reply betimely filed after SIX (6) MONTHSfrom the mailing
`date of this communication.
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHSfrom the mailing date of this communication.
`-
`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133}.
`Any reply received by the Office later than three months after the mailing date of this communication, evenif timely filed, may reduce any earned patent term
`adjustment. See 37 CFR 1.704(b).
`
`Status
`
`
`
`1) Responsive to communication(s)filed on 7/9/21.
`C} A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`2a)¥) This action is FINAL.
`2b) (J This action is non-final.
`3)02 An election was madeby the applicant in responseto a restriction requirement set forth during the interview
`on
`; the restriction requirement and election have been incorporated into this action.
`4\0) Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under Exparte Quayle, 1935 C.D. 11, 453 O.G. 213.
`
`Disposition of Claims*
`1-15 is/are pending in the application.
`)
`Claim(s)
`5a) Of the above claim(s) 3-15 is/are withdrawn from consideration.
`() Claim(s)__ is/are allowed.
`Claim(s) 1-2 is/are rejected.
`1 Claim(s)__ is/are objected to.
`C] Claim(s)
`are subjectto restriction and/or election requirement
`* If any claims have been determined allowable, you maybeeligible to benefit from the Patent Prosecution Highway program at a
`participating intellectual property office for the corresponding application. For more information, please see
`http:/Awww.uspto.gov/patents/init_events/pph/index.jsp or send an inquiry to PPHfeedback@uspto.gov.
`
`) ) ) )
`
`Application Papers
`10) The specification is objected to by the Examiner.
`11)() The drawing(s) filedon__ is/are: a)C) accepted or b)C) objected to by the Examiner.
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
`
`Priority under 35 U.S.C. § 119
`12). Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d)or (f).
`Certified copies:
`cc) None ofthe:
`b)L) Some**
`a)D) All
`1.1) Certified copies of the priority documents have been received.
`2.1) Certified copies of the priority documents have beenreceived in Application No.
`3.2.) Copies of the certified copies of the priority documents have been receivedin this National Stage
`application from the International Bureau (PCT Rule 17.2(a)).
`* See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment(s)
`
`1)
`
`Notice of References Cited (PTO-892)
`
`Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`2)
`Paper No(s)/Mail Date 9/25/20.
`U.S. Patent and Trademark Office
`
`3) (J Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`(Qj Other:
`
`4)
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20210726
`
`

`

`Application/Control Number: 15/958,075
`Art Unit: 2811
`
`Page 2
`
`The present application, filed on or after March 16, 2013, is being examined
`
`under the first inventor to file provisions of the AIA
`
`DETAILED ACTION
`
`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-AlA), second paragraph:
`The specification shall conclude with one or moreclaims particularly pointing out and distinctly
`claiming the subject matter which the applicant regards as his invention.
`
`Claim 2 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AlA), 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 gate layer which is ... containing a p-type impurity”
`
`and wherein “a diffusion layer which is disposedin the first barrier layer and containing
`
`the p-type impurity”, as recited in claim 2, is unclear as to how the diffusion layer can
`
`contain the p-type impurity which is located in the gate layer.
`
`The claimed limitation of “a p-type impurity”, “the p-type impurity” and “a
`
`concentration of the p-type impurity”, as recited in claim 2, is unclear as to the structural
`
`relationship between the various p-type impurities.
`
`

`

`Application/Control Number: 15/958,075
`Art Unit: 2811
`
`Page 3
`
`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 for the rejection will not be considered a new ground of
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`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
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`obviousnessrejections 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 thistitle, if the differences
`between the claimed invention andthe prior art are such that the claimed invention as a whole
`would have been obvious before the effectivefiling 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 1
`
`is rejected under 35 U.S.C. 103 as being unpatentable over Applicant
`
`Admitted Prior Art (AAPR).
`
`Regarding claim 1, AAPA teaches in figure 3 and related text semiconductor device,
`
`comprising:
`
`a substrate 1;
`
`a channel layer 3 which is constituted of a single layer of a nitride semiconductor
`
`disposed over the substrate and havingafirst band gap; a first barrier layer (the middle
`
`part of layer 20) whichis a nitride semiconductor disposed on and in contact with a
`
`selected part of an upper surface of the channel layer 3 and having a second band gap
`
`larger (of AlGaN) than the first band gap (of GaN) of the channellayer 3;
`
`a gate layer 5 whichis a nitride semiconductor disposed on and in contact with
`
`the first barrier layer 20;
`
`

`

`Application/Control Number: 15/958,075
`Art Unit: 2811
`
`Page 4
`
`a second barrier layer (the right part of layer 20) which is a nitride semiconductor
`
`disposedin contact with both the channel layer 3 and the first barrier layer 20, in an
`
`area wherethe gate layer 5 is not disposed above the channel layer, and having a third
`
`band gap whichis larger (of AlGaN) than thefirst band gap (of GaN) of the channel
`
`layer 3, and having a thickness or a band gap independently set with respectto the first
`
`barrier layer;
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`a gate electrode 8 which is disposed on the gate layer; and
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`a source electrode 9 and a drain electrode 10 which are spaced apart from the
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`gate layer 5 and disposed on the second barrier layer 20, wherein:
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`a cross sectional shape along a source-to-drain direction of the gate layer 5is a
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`forward tapered shape having a top smaller than a bottom, and
`
`the channel layer 3 is continuous from a portion below the source electrode to a
`
`portion below the drain electrode.
`
`AAPAdoesnot explicitly state that the second band gapis formed of AlGaN, the first
`
`band gap is formed of GaN andthe third band gapis formed of AlGaN.
`
`AAPAstates that the second band gap can be formed of AlGaN, the first band gap can
`
`be formed of GaN and the third band gap can be formed of AlGaN.
`
`It would have been obvious to a person of ordinary skill in the art, before the effective
`
`filling date of the claimed invention, to form the second band gapof AlGaN, thefirst
`
`band gap of GaN and the third band gap of AlGaN in AAPA’s device in order to form
`
`and operate the device as intended by AAPA.
`
`

`

`Application/Control Number: 15/958,075
`Art Unit: 2811
`
`Page 5
`
`Claim 2, as best understood, is rejected under 35 U.S.C. 103 as being
`
`unpatentable over Applicant Admitted Prior Art (AAPR) in view of Huang etal.
`
`(5,116,774) and Gambin etal. (8,710,511).
`
`Regarding claim 2, AAPAteaches in figure 3 and related text substantially the entire
`
`claimed structure, as applied to claim 1 above, including a gate layer 5 whichis a nitride
`
`semiconductor disposed on and in contact with the first barrier layer 20, and containing
`
`a p-type impurity; a diffusion layer (being part of layer 20) which is disposedin the first
`
`barrier layer 20 and containing the p-type impurity.
`
`AAPAdoes notteach that a concentration of the p-type impurity containedin the first
`
`barrier layer is more than or equal to 1E18 cm-°, and a concentration of the p-type
`
`impurity contained in the secondbarrier layer is less than 1E18 cm-*.
`
`Huang et al. teach that a concentration of the impurities contained in the barrier layer is
`
`more than or equal to 1E18 cm-°.
`
`Gambin etal. teach in figure 2 and related text that the concentration of the impurities
`
`contained in the barrier layer is graded.
`
`Huang et al., Gambin et al. and AAPA are analogousart because they are directed to
`
`semiconductor devices and one of ordinary skill in the art would have had a reasonable
`
`expectation of success to modify AAPA because they are from the same field of
`
`endeavor.
`
`It would have been obvious to a person of ordinary skill in the art, before the effective
`
`filling date of the claimed invention, to form the first and second barrier layers having
`
`graded concentration more than or equal to 1E18 cm-°, as taught by Huang et al. and
`
`Gambin et al., in AAPA’s device, in order to improve the device characteristics.
`
`

`

`Application/Control Number: 15/958,075
`Art Unit: 2811
`
`Page 6
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`In the combined device, the concentration of the p-type impurity contained in the first
`
`barrier layer is more than or equal to 1E18 cm-°, and a concentration of the p-type
`
`impurity contained in the second barrier layer is less than 1E18 cm-(since the
`
`concentration is graded).
`
`Responseto Arguments
`
`Applicant’s arguments with respect to claim(s) 1-2 have been considered but are
`
`mootin view of the new ground ofrejection.
`
`Conclusion
`
`Applicant's amendment necessitated the new ground(s) of rejection presented in
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`this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP
`
`§ 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37
`
`CFR 1.136(a).
`
`A shortenedstatutory period for reply to this final action is set to expire THREE
`
`
`
`MONTHS from the mailing date of this action. In the eventafirst replyis filed within
`
`TWO MONTHS ofthe mailing date ofthis final action and the advisory action is not
`
`mailed until after the end of the THREE-MONTH shortenedstatutory period, then the
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`shortened statutory period will expire on the date the advisory action is mailed, and any
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`extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of
`
`the advisory action.
`
`In no event, however, will the statutory period for reply expire later
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`than SIX MONTHS from the date of this final action.
`
`

`

`Application/Control Number: 15/958,075
`Art Unit: 2811
`
`Page 7
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`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to ORI NADAV whosetelephone number is 571-272-1660.
`
`The examiner can normally be reached between the hours of 7 AM to 4 PM (Eastern
`
`Standard Time) Monday through Friday.
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner's
`
`supervisor, Lynne Gurley can be reached on 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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`
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`
`O.N.
`7/27/2021
`
`/ORI NADAV/
`PRIMARY EXAMINER
`TECHNOLOGY CENTER 2800
`
`