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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
`
`12/09/2021
`
`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 10/25/21.
`C} A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`
`2a)L) This action is FINAL. 2b)¥)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.
`S)
`) © Claim(s)___is/are objected to.
`C] Claim(s
`are subjectto restriction and/or election requirement
`)
`S)
`* 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 been received 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)
`
`2) (J Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mail Date
`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 20211027
`
`

`

`Application/Control Number: 15/958,075
`Art Unit: 2811
`
`Page 2
`
`3The 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 the first paragraph of 35 U.S.C. 112(a):
`
`(a) INGENERAL.—The specification shall contain a written description of the
`invention, and of the manner and process of making and usingit, in suchfull, clear, concise,
`and exact terms as to enable any person skilled in the art to which it pertains, or with whichit
`is most nearly connected, to make and use the same, and shall set forth the best mode
`contemplated by the inventor or joint inventor of carrying out the invention.
`
`The following is a quotation of the first paragraph of pre-AlA 35 U.S.C. 112:
`
`The specification shall contain a written description of the invention, and of the
`manner and process of making and usingit, in suchfull, clear, concise, and exact terms as to
`enable any person skilled in the art to which it pertains, or with whichit is most nearly
`connected, to make and use the same, and shall set forth the best mode contemplated by the
`inventor of carrying out his invention.
`
`Claims 1 and 2 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AlA),
`
`first paragraph, as failing to comply with the written description requirement. The
`
`claim(s) contains subject matter which was not described in the specification in such a
`
`way as to reasonably convey to one skilled in the relevant art that the inventor or a joint
`
`inventor, or for applications subject to pre-AlA 35 U.S.C. 112, the inventor(s), at the time
`
`the application wasfiled, had possession of the claimed invention.
`
`There is no support in the elected embodiment of figures 4-5 for the claimed
`
`limitation of “and the channel layer is continuous from a portion below the source
`
`electrode to a portion below the drain electrode”, as recited in claims 1 and 2.
`
`

`

`Application/Control Number: 15/958,075
`Art Unit: 2811
`
`Page 3
`
`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.
`
`Claims 1-2 are 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-AlA 35 U.S.C. 112, the applicant), regards as the invention.
`
`The claimed limitation of “a first barrier layer which is a nitride semiconductor
`
`disposed on and in contact with a selected part of an upper surface of the channel layer
`
`and having a second band gaplarger than the first band gap of the channel layer;
`
`a gate layer whichis a nitride semiconductor disposed on and in contact with the
`
`first barrier layer;
`
`a second barrier layer which is a nitride semiconductor disposed in contact with
`
`both the channel layer and the first barrier layer, in an area where the gate layer is not
`
`disposed above the channel layer, wherein the second barrier layer has a third band
`
`gap whichis larger than the first band gap of the channel layer, and is different from the
`
`second band gapofthe first barrier layer, and has a thicknessdifferent from the first
`
`barrier layer’, as recited in claims 1 and 2, is unclear for the following reasons. The
`
`disclosure recites on paragraph [0055] thatthe first barrier layer is formed of AlGaN.
`
`The disclosure further recites on paragraph [0076] that the first barrier layer can be
`
`formed of various materials. The claimed device does not support a first barrier layer
`
`

`

`Application/Control Number: 15/958,075
`Art Unit: 2811
`
`Page 4
`
`being formed of AlGaN. Therefore, the claimed limitations are unclear since the
`
`disclosure does notexplicitly recite the material of the first barrier layer so that an
`
`artisan can build a structure comprising the various claimed band gaps.
`
`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
`
`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
`
`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 Kikkawa
`
`(2014/0091316) in view of Applicant Admitted Prior Art (AAPR).
`
`Regarding claim 1, Kikkawa teaches in figure 7 and related text semiconductor device,
`
`comprising:
`
`a substrate 110;
`
`a channel layer 125 which is constituted of a single layer of a nitride
`
`semiconductor disposed over the substrate and having a first band gap;
`
`

`

`Application/Control Number: 15/958,075
`Art Unit: 2811
`
`Page 5
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`a first barrier layer 126 whichis a nitride semiconductor disposed on and in
`
`contact with a selected part of an upper surface of the channel layer 125 and having a
`
`second band gap larger (of Alo.1sGao.ssN) than the first band gap (of GaN) of the
`
`channel layer 3;
`
`a gate layer (127 or 131) whichis a nitride semiconductor disposed on and in
`
`contact (electrical contact) with the first barrier layer 126;
`
`a second barrier layer 123 which is a nitride semiconductor disposed in contact
`
`(at least electrical contact) with both the channel layer 125 and the first barrier layer
`
`126, in an area where the gate layer 131 is not disposed above the channel layer,
`
`wherein the second barrier layer 123 has a third band gap whichis larger (of
`
`Alo.2Gao.sN) than the first band gap (of GaN) of the channel layer 125, and is different
`
`from the second band gap (of Alo.1sGao.ssN) of the first barrier layer, and has a thickness
`
`different from the first barrier layer;
`
`a gate electrode (131 or the top part of element 31) which is disposed on the
`
`gate layer; and
`
`a source electrode 132 and a drain electrode 133 which are spaced apart from
`
`the gate layer and disposed on the secondbarrier layer 123.
`
`Kikkawa does notteach that a cross sectional shape along a source-to-drain direction of
`
`the gate layer is a forward tapered shape having a top smaller than a bottom, and
`
`wherein the channel layer is continuous from a portion below the source electrode to a
`
`portion below the drain electrode.
`
`

`

`Application/Control Number: 15/958,075
`Art Unit: 2811
`
`Page 6
`
`AAPAteaches in figure 3 and related text that a cross sectional shape along a source-
`
`to-drain direction of the gate layer is a forward tapered shape having a top smaller than
`
`a bottom, and wherein the channel layer is continuous from a portion below the source
`
`electrode to a portion below the drain electrode.
`
`Kikkawa and AAPAare analogous art because they are directed to semiconductor
`
`devices and one ofordinary skill in the art would have had a reasonable expectation of
`
`success to modify Kikkawa becausethey 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 use a cross sectional shape along a source-to-
`
`drain direction of the gate layer is a forward tapered shape having a top smaller than a
`
`bottom, and wherein the channel layer is continuous from a portion below the source
`
`electrode to a portion below the drain electrode, as taught by AAPA, in Kikkawa’s
`
`device in order to improve the device characteristics.
`
`Claim 2, as best understood, is rejected under 35 U.S.C. 103 as being
`
`unpatentable over Kikkawa (2014/0091316) and Applicant Admitted Prior Art (AAPR),
`
`as applied to claim 1 above, and further in view of Huang etal. (5,116,774) and Gambin
`
`et al. (8,710,511).
`
`Regarding claim 2, Kikkawa and AAPAteach substantially the entire claimed structure,
`
`as applied to claim 1 above, including a gate layer whichis a nitride semiconductor
`
`disposed on and in contact with the first barrier layer, and containing a p-type impurity; a
`
`diffusion layer (part of element 126) which is disposedin the first barrier layer and
`
`containing the p-type impurity.
`
`

`

`Application/Control Number: 15/958,075
`Art Unit: 2811
`
`Page 7
`
`Kikkawa and AAPA do 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., Kikkawa and AAPA are analogous art 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 Kikkawa 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 etal., in prior art’s device, in order to improve the device characteristics.
`
`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.
`
`

`

`Application/Control Number: 15/958,075
`Art Unit: 2811
`
`Page 8
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`
`examiner should be directed to ORI NADAV whosetelephone number is 571-272-1660.
`
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`
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`
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`
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`
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`
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`O.N.
`10/27/2021
`
`/ORI NADAV/
`PRIMARY EXAMINER
`TECHNOLOGY CENTER 2800
`
`