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 (10) of the AIA .
Information Disclosure Statement
The IDS filed to date have been considered.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 01/23/2026 has been entered.
Response to Arguments
Applicant's arguments filed 06/30/2025 have been fully considered but they are not persuasive.
The applicant arguments have to do with new amended limitations and as such have been addressed below in the updated rejection relying on newly cited prior art.
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) 1-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Posseme (US 20210090880, of record) herein after referred to as D1, and further in view of Mohanty (US 2019/0129089 of record) herein after referred to as D2.
With regard to claim 1, D1 teaches a method of fabricating a surface-relief structure in a material layer (100), in at least one of ( claims 16, 20; Fig. 1-2; and [0075-0103]); the method comprising: forming a mask layer (210) on the material layer (100) (GaN); implanting ions (10) into a plurality of regions (10) of the material layer (100) using the mask layer (210) and an ion beam (fig. 1c, element 10; and [0076]) ([0076]; Fig. 1C) at a slant angle ([0079], Fig. 1C, the ions (10) are implanted along a favored direction), wherein the slant angle ([0079], Fig. 1C, the ions (10) are implanted along a favored direction) is measured with respect to a surface normal direction of the material layer (100), and wherein implanting the ions (10) into the plurality of regions (10) of the material layer (100) increases an oxidation ([0010]) rate or a reduction rate of the plurality of regions (10) of the material layer (100; chemical modification with defects, reaction rate such oxidation ([0010]) or reduction necessarily increased); selectively oxidizing or reducing the plurality of regions (10) of the material layer (100) that includes implanted ions (10) ([0086-0091], Fig. 1D); and selectively etching oxidized or reduced materials in the plurality of regions (10) of the material layer (100) to form the surface-relief structure in the material layer (100) ([0092-0101]) and reduce optical loss of the surface-relief structure caused by implanting the ions (10) into the plurality of regions (10) of the material layer (100) (technical effect achieved by previous steps of method).
However, while D1 does teach a slant angle D1 does not expressly disclose wherein the material layer is mounted on a rotation stage; a highly direction collimated ion beam, wherein the material layer is oriented by the rotation stage at a slant angle of at least 30 degrees with respect to a beam direction of the highly directional collimated ion beam.
In a related endeavor, D2 teaches a reactivity enhancement in ion beam etcher, in at least (fig. 8); wherein the material layer (810) is mounted on a rotation stage ([0098]; substrate mounted on a rotation stage); a highly directional collimated ion beam ([0098]; highly directional ion beam), wherein the material layer (810) is oriented by the rotation stage ([0098]) at a slant angle of at least 30 degrees ([0021]; greater than 30 degrees, which satisfies the at least limitation) with respect to a beam direction ([0101]; may physically mill materials from a material layer; given that the beam is used to mill the materials and the previous paragraph [0021] mentions the slant angle of the material it can be stated that the direction of the ion beam is used to create the slant angle) of the highly directional collimated ion beam ([0098]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the invention of D1 with the rotational stage and milling angle of D2 for the express purpose of better allowing the etching machine to reach a desired position to best etch away materials at the desired angle of the surface relief structures.
With regard to claim 2, D1 teaches all of the claimed limitations (10) of the instant invention as have been outlined above with respect to claim 1, wherein D1 further teaches a fabrication method, in at least one of ( claims 16, 20; Fig. 1-2; and [0075-0103]) further comprising performing the implanting, the selectively oxidizing, and the selectively etching repeatedly until a predetermined depth of the surface-relief structure is reached.
With regard to claim 3, D1 teaches all of the claimed limitations (10) of the instant invention as have been outlined above with respect to claim 2, wherein D1 further teaches a fabrication method, in at least one of ( claims 16, 20; Fig. 1-2; and [0075-0103]); wherein the predetermined depth of the surface-relief structure is greater than 200 nm ([0028]).
With regard to claim 4, D1 teaches all of the claimed limitations (10) of the instant invention as have been outlined above with respect to claim 3, wherein D1 further teaches a fabrication method, in at least one of ( claims 16, 20; Fig. 1-2; and [0075-0103]); wherein the predetermined depth of the surface-relief structure is greater than 500 nm ([0028]).
With regard to claim 5, D1 teaches all of the claimed limitations (10) of the instant invention as have been outlined above with respect to claim 1, wherein D1 further teaches a fabrication method, in at least one of ( claims 16, 20; Fig. 1-2; and [0075-0103]); further comprising etching the material layer (100) using the ion beam (fig. 1c, element 10; and [0076]) while implanting the ions (10) into the plurality of regions (10) of the material layer (100) using the ion beam (fig. 1c, element 10; and [0076]).
With regard to claim 6, D1 teaches all of the claimed limitations (10) of the instant invention as have been outlined above with respect to claim 1, wherein D1 further teaches a fabrication method, in at least one of ( claims 16, 20; Fig. 1-2; and [0075-0103]); wherein the slant angle ([0079], Fig. 1C, the ions (10) are implanted along a favored direction) is greater than 30°.
With regard to claim 7, D1 teaches all of the claimed limitations (10) of the instant invention as have been outlined above with respect to claim 1, wherein D1 further teaches a fabrication method, in at least one of ( claims 16, 20; Fig. 1-2; and [0075-0103]); wherein selectively oxidizing or reducing the plurality of regions (10) of the material layer (100) includes implanted ions (10) comprises performing oxidation ([0010]) and reduction alternately.
With regard to claim 8, D1 teaches all of the claimed limitations (10) of the instant invention as have been outlined above with respect to claim 1, wherein D1 further teaches a fabrication method, in at least one of ( claims 16, 20; Fig. 1-2; and [0075-0103]); wherein implanting the ions (10) into the plurality of regions (10) of the material layer (100) comprises etching the material layer (100) using the ion beam (fig. 1c, element 10; and [0076]).
With regard to claim 9, D1 teaches all of the claimed limitations (10) of the instant invention as have been outlined above with respect to claim 1, wherein D1 further teaches a fabrication method, in at least one of ( claims 16, 20; Fig. 1-2; and [0075-0103]); wherein selectively etching the oxidized or reduced materials in the plurality of regions (10) of the material layer (100) includes a dry etching or wet etching process that has a higher etch rate for the oxide materials in the plurality of regions (10) of the material layer (100) than for materials in other regions (10) of the material layer (100).
With regard to claim 10, D1 teaches all of the claimed limitations (10) of the instant invention as have been outlined above with respect to claim 1, wherein D1 further teaches a fabrication method, in at least one of ( claims 16, 20; Fig. 1-2; and [0075-0103]); wherein implanting the ions (10) into the plurality of regions (10) of the material layer (100) during the implanting to vary the slant angle ([0079], Fig. 1C, the ions (10) are implanted along a favored direction) of the ion beam (fig. 1c, element 10; and [0076]) with respect to the plurality of regions (10) of the material layer (100).
However, D1 does not expressly disclose rotating the material layer via the rotation stage.
In a related endeavor, D2 teaches a reactivity enhancement in ion beam etcher, in at least (fig. 8); wherein the material layer (substrate) is rotated via a rotation stage ([0101]; substrate mounted on a rotation stage that can be rotated to modify the angle of mater layer with respect to the highly direction collimated ion beam).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the invention of D1 with the rotational stage and milling angle of D2 for the express purpose of better allowing the etching machine to reach a desired position to best etch away materials at the desired angle of the surface relief structures.
With regard to claim 11, D1 teaches all of the claimed limitations (10) of the instant invention as have been outlined above with respect to claim 1, wherein D1 further teaches a fabrication method, in at least one of ( claims 16, 20; Fig. 1-2; and [0075-0103]); wherein implanting the ions (10) into the plurality of regions (10) of the material layer (100) comprises changing energy of the ions (10) during the implanting to change an implantation depth in the plurality of regions (10) of the material layer (100).
With regard to claim 12, D1 teaches all of the claimed limitations (10) of the instant invention as have been outlined above with respect to claim 1, wherein D1 further teaches a fabrication method, in at least one of ( claims 16, 20; Fig. 1-2; and [0075-0103]); wherein implanting the ions (10) into the plurality of regions (10) of the material layer (100) comprises implanting different amounts of ions (10) into different regions (10) of the plurality of regions (10) using different ion currents for the ion beam (fig. 1c, element 10; and [0076]), different implantation times, or both.
With regard to claim 13, D1 teaches all of the claimed limitations (10) of the instant invention as have been outlined above with respect to claim 1, wherein D1 further teaches a fabrication method, in at least one of ( claims 16, 20; Fig. 1-2; and [0075-0103]); wherein the ions (10) comprise hydrogen ions (10), oxygen ions (10), helium ions (10), lithium ions (10), or a combination thereof.
With regard to claim 14, D1 teaches all of the claimed limitations (10) of the instant invention as have been outlined above with respect to claim 1, wherein D1 further teaches a fabrication method, in at least one of ( claims 16, 20; Fig. 1-2; and [0075-0103]); wherein the material layer (100; and [0030]) comprises SiN, SiC, TiO.sub.2, Al.sub.2O.sub.3, SiO.sub.xN.sub.y, LiNbO.sub.3, HfO.sub.x. TiSiO.sub.x, TaO.sub.x, ZnSe, InGaAs, GaN, GaP, ZnS, gadolinium gallium garnet, spin on carbon, amorphous carbon, or diamond like carbon.
With regard to claim 15, D1 teaches all of the claimed limitations (10) of the instant invention as have been outlined above with respect to claim 1, wherein D1 further teaches a fabrication method, in at least one of ( claims 16, 20; Fig. 1-2; and [0075-0103]); further comprising: removing the mask layer (210); and forming an overcoat layer on the surface-relief structure in the material layer (100).
With regard to claim 16, D1 teaches all of the claimed limitations (10) of the instant invention as have been outlined above with respect to claim 15, wherein D1 further teaches a fabrication method, in at least one of ( claims 16, 20; Fig. 1-2; and [0075-0103]); wherein forming the overcoat layer comprises: implanting ions (10) at top surfaces of the surface-relief structure; oxidizing the surface-relief structure to form a deposition mask layer (210) at the top surfaces of the surface-relief structure; and depositing the overcoating layer in grooves of the surface-relief structure using atomic layer deposition and the deposition mask layer (210).
With regard to claim 17, D1 teaches all of the claimed limitations (10) of the instant invention as have been outlined above with respect to claim 1, wherein D1 further teaches a fabrication method, in at least one of ( claims 16, 20; Fig. 1-2; and [0075-0103]); wherein implanting the ions (10) into the plurality of regions (10) of the material layer (100) causes a phase of the plurality of regions (10) of the material layer (100) to change to an amorphous phase.
With regard to claim 18, D1 teaches all of the claimed limitations (10) of the instant invention as have been outlined above with respect to claim 1, wherein D1 further teaches a fabrication method, in at least one of ( claims 16, 20; Fig. 1-2; and [0075-0103]); wherein the surface-relief structure includes a slanted surface-relief grating characterized by a grating period less than 1 μm and a duty cycle less than 30%.
With regard to claim 19, D1 teaches all of the claimed limitations (10) of the instant invention as have been outlined above with respect to claim 1, wherein D1 further teaches a fabrication method, in at least one of ( claims 16, 20; Fig. 1-2; and [0075-0103]); wherein the surface-relief structure includes a slanted surface-relief grating characterized by a width of a grating ridge less than 100 nm.
With regard to claim 20, D1 teaches all of the claimed limitations (10) of the instant invention as have been outlined above with respect to claim 1, wherein D1 further teaches a fabrication method, in at least one of ( claims 16, 20; Fig. 1-2; and [0075-0103]); wherein the mask layer (210) includes a photoresist, a metal, an intermetallic compound, poly-silicon, or a polymer.
Conclusion
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/GRANT A GAGNON/ Examiner, Art Unit 2872
/BUMSUK WON/ Supervisory Patent Examiner, Art Unit 2872