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 .
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1-5 and 27 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ouchi (JP2003-282926A, Machine Translation) in view of Malinowski (AlGaN photo-detectors for applications in the extreme ultraviolet (EUV) wavelength range).
Regarding claims 1-5 and 27, Ouchi discloses a photovoltaic (PV) device, comprising:
a base layer of a semiconducting material of a first conductivity type, the base layer having a first energy bandgap ([0020] n-type layers GaN, layers 1 and 2 (note that the intrinsic layer is lightly doped and thus is n-type, [0034], [0016]) (bandgap of GaN is
approximately 3.2 as evidenced by Li (US 2008/0245400 A1-- [0024] );
an emitter layer ([0020] p-type GaN, 3) of a semiconducting material of a second conductivity type opposite the first conductivity type disposed over the base layer, the emitter layer having a second energy bandgap;
a metallic current spreading layer (P2, [0036]) disposed over the emitter layer, wherein the metal layer is optically transparent in the wavelength range of from 10 nm to 380 nm ([0001]);
a base electrical contact in electrical communication with the base layer; and
an emitter electrical contact in electrical communication with the metallic current spreading layer; wherein the first energy bandgap and the second energy bandgap are no less than about 3.2 eV;
and the base layer and the emitter layer form a p-n junction ([0034] layers 1 and 2 form an n-type base and layer 3 is a p-type emitter [0020] ).
With regards to the structure required so that “the device is configured such that the semiconducting material of the emitter layer is exposed to an extreme ultra-violet (EUV) and/or deep ultra-violet (DUV) optical power source through the metallic current spreading layer disposed over the emitter layer” Ouchi discloses the same structure and therefore will have the same function as noted above, furthermore Ouchi discloses that the device receives light less than 450 nm ([0039] 200-280 nm DUV).
In addition, Ouchi discloses that the transparent thin film electrode is formed of a metal material which can form a Schottky electrode ([0036]), however Ouchi does not disclose wherein the metal layer is optically transparent in the wavelength range of from 10 nm to 120 nm.
Malinowski discloses a Schottky metal electrode which comprises a 15 nm thick Au electrode allows for transmission and detection of light in the range of 10-20 nm (Conclusion).
Malinowski discloses materials which are very suitable for harsh environments are III-N compound semiconductors like AlGaN are widely known to have good performance in high temperature, high voltage and high power applications (Abstract) and furthermore that GaN materials are also appropriate for the use as EUV photodetectors (see Fig. 5 and Conclusion).
It would have been obvious to one of ordinary skill in the art at the time of filing to modify the thickness of the material used and the material used for the P2 electrode of modified Ouchi to be a 15nm thick and a Au material as disclosed by Malinowski because both Ouchi and Malinowski disclose that a thin Au material is an appropriate material for a Schottky type of electrode and Malinowski discloses that GaN materials are also appropriate for the use as EUV photodetectors.
Claim(s) 23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ouchi (JP2003-282926A, Machine Translation) in view of Malinowski (AlGaN photo-detectors for applications in the extreme ultraviolet (EUV) wavelength range) as applied to claims 1-5 and 27 above and in further view of Kozodoy (US 6,265,727 B1).
Regarding claim 23, modified Ouchi discloses all of the claim limitations as set forth above.
However, Ouchi does not disclose the thickness of the emitter layer in the photodetector is between 20 nm to 100 nm.
Kozodoy discloses that a p-type region for a GaN emitter layer in a photodetector can have a thickness range between 1 nm to 1 micron (C4/L60-67).
It would have been obvious to one of ordinary skill in the art at the time of filing to modify the thickness of the p-type emitter GaN layer of modified Ouchi to use the overlapping thickness range between the claim and the prior art of Kozodoy for the thickness of the p-type emitter GaN layer because Kozodoy discloses that it is an appropriate thickness for a thickness of the p-type emitter GaN layer in a photodetector.
It would have been obvious to one of ordinary skill in the art at the time of invention to have selected the overlapping portion of the ranges disclosed by the reference because selection of overlapping portion of ranges has been held to be a prima facie case of obviousness. In re Malagari, 182 USPQ 549.
Response to Arguments
Applicant argues that Malinowski teaches away from the inclusion of its "15 nm Au layer used as the Schottky electrode." See § 4. Applicant further argues Malinowski explains this "Au layer.. .is the limiting factor for responsivity in the EUV range" and notes that Malinowski says this "issue could be tackled with a changed geometry or with a different integration concept." See § 4. Applicant argues Malinowski illustrates that it's Au layer is not sufficient.
It is noted that Malinowski discloses “The ohmic contacts were annealed at 750ºC for 1 minute to improve the contact resistance. Schottky electrode was done by deposition of 15nm of Au, completely covering the active GaN area. Such approach was used bearing in mind that Au shows very high transmission (in the range of 80%) in the EUV wavelength range.” (See Fabrication Section)
Therefore there is motivation to use GaN as a detector for EUV wavelengths and to have a metal contact which is optically transparent in the wavelength range of from 10 nm to 120 nm as claimed.
Applicant further argues ..”The entire point of Ouchi is to provide a dielectric film that suppresses reflection of the light to be received ... on the incident surface. See , [0008]. But gold is not a dielectric. Therefore, the proposed modification of Ouchi would be to place a nondielectric film on its surface, when the entire point of Ouchi is to provide a dielectric film at that position. Therefore, the Examiner's proposed modification renders Ouchi's layer inoperable for its intended purpose ( of providing a dielectric at that position).”
Ouchi discloses that a transparent metal electrode (P2) is first deposited ([0036]) and then the dielectric was deposited ([0037]). Therefore the modification of Ouchi with Malinowski will not result in an inoperable device since Ouchi discloses the device is operable if first a transparent metal electrode is deposited followed by a dielectric.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) 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 than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DEVINA PILLAY whose telephone number is (571)270-1180. The examiner can normally be reached Monday-Friday 9:30-6:00.
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DEVINA PILLAY
Primary Examiner
Art Unit 1726
/DEVINA PILLAY/ Primary Examiner, Art Unit 1726