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 .
Transferable single-crystal GaN thin films grown on chemical vapor-deposited hexagonal BN sheets
Claim Rejections - 35 USC § 103
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) 10-14 and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chung et al. (“Transferable single-crystal GaN thin films grown on chemical vapor-deposited hexagonal BN sheets” NPG Asia Materials (2017) 9, e410; doi:10.1038/am.2017.118; published online 28 July 2017) in view of Kim et al. (US 2007/0241350 A1).
Regarding Claim 10, Chung (Fig. 1) discloses an opto-electronic device comprising:
an amorphous substrate (“amorphous fused silica”) or a polycrystalline metal substrate;
a single-crystal, non-oxide film (“Single-crystalline h-BN layer”) located directly on the amorphous substrate (amorphous fused silica) or the polycrystalline metal substrate, wherein
the single-crystal, non-oxide film (“Single-crystalline h-BN layer”) maintains a single-crystal structure regardless of the amorphous substrate or the polycrystalline metal substrate (amorphous fused silica);
a GaN buffer layer (GaN) located directly over the single-crystal, non-oxide film (“Single-crystalline h-BN layer”);
Chung does not explicitly disclose an n-type GaN layer located directly over the GaN buffer layer; a multi-quantum well layer located over the n-type GaN layer; and a p-type GaN layer located over the multi-quantum well layer.
Kim (Fig. 2, 3a-3c) discloses n-type GaN layer (140) located directly over a GaN buffer layer (130); a multi-quantum well layer (150) located over the n-type GaN layer (140); and a p-type GaN layer (160) located over the multi-quantum well layer (150).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the optoelectronic semiconductor device in Chung in view of Kim such that an n-type GaN layer located directly over the GaN buffer layer; a multi-quantum well layer located over the n-type GaN layer; and a p-type GaN layer located over the multi-quantum well layer in order to provide a light emitting device incorporating an n-type semiconductor layer; an active layer on the n-type semiconductor layer; and a p-type semiconductor layer on the active layer. [0012]
Regarding Claim 11, Chung in view of Kim discloses the device of claim 10, wherein
the single-crystal, non-oxide film was obtained from a single-crystal, oxide film that was grown on a single-crystal substrate, the single-crystal, oxide film was transformed with a first chemical processing into an intermediary, transferrable, single-crystal, chalcogenide film, the intermediary, transferrable, single-crystal, chalcogenide film was transferred from the single-crystal substrate to the amorphous substrate or the polycrystalline metal substrate, and a second chemical processing was applied to the intermediary, transferrable, single-crystal, chalcogenide film to obtain the single-crystal, non-oxide film, wherein the single-crystal, non-oxide film is different from the intermediary, transferrable, single crystal, chalcogenide film, and wherein the first chemical processing is one of sulfurization or selenylation, and the second chemical processing is one of nitridation or carbonization.
Further, limitation of Claim 11, “was obtained from a single-crystal, oxide film that was grown on a single-crystal substrate, the single-crystal, oxide film was transformed with a first chemical processing into an intermediary, transferrable, single-crystal, chalcogenide film, the intermediary, transferrable, single-crystal, chalcogenide film was transferred from the single-crystal substrate to the amorphous substrate or the polycrystalline metal substrate, and a second chemical processing was applied to the intermediary, transferrable, single-crystal, chalcogenide film to obtain the single-crystal, non-oxide film, wherein the single-crystal, non-oxide film is different from the intermediary, transferrable, single crystal, chalcogenide film, and wherein the first chemical processing is one of sulfurization or selenylation, and the second chemical processing is one of nitridation or carbonization” is considered to be product-by-process.
“Even though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process.” In re Thorpe, 777F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985).
It appears that the Applicant is trying to claim intermediate product or features that are not present in a final device by claiming process steps. Limitations “a single-crystal, oxide film that was grown on a single-crystal substrate, the single-crystal,” “the intermediary, transferrable, single-crystal, chalcogenide film” are not present in a final device in combination with limitations of Claim 10 “a GaN buffer layer located directly over the single-crystal, non-oxide film; an n-type GaN layer located directly over the GaN buffer layer; a multi-quantum well layer located over the N-type GaN layer; and a p-type GaN layer located over the multi-quantum well layer.“.
Claim 11 is a device claim. Therefore, as long as limitations “the single-crystal, non-oxide film“, “the amorphous substrate or the polycrystalline metal substrate” that present in the final device are met the Claim is considered to be met. The Examiner recommends further specifying structural differences between final device and prior art of Chung in view of Kim
Regarding Claim 12, Chung in view of Kim discloses the device of claim 11, wherein
the single-crystal, oxide film is one of MoO.sub.2, WO.sub.2, NbO.sub.2, and VO.sub.2. (See Rejection of Claim 11 and Examiners notes on Claim 11)
Regarding Claim 13, Chung in view of Kim discloses the device of claim 11, wherein
the intermediary, transferrable, single-crystal, chalcogenide film is one of MoS.sub.2, WS.sub.2, NbS.sub.2, and VS.sub.2. (See Rejection of Claim 11 and Examiners notes on Claim 11)
Regarding Claim 14, Chung in view of Kim discloses the device of claim 10, wherein
Chung in view of Kim as previously combined does not explicitly disclose the
the single-crystal, non-oxide film is one of MoN, WN, NbN, VN, and Mo.sub.2C.
However, Kim discloses molybdenum nitride [0031-0032]
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the optoelectronic semiconductor device in Chung in view of Kim such that the single-crystal, non-oxide film is MoN in order to minimize the lattice mismatch with the semiconductor layer (GaN layer) [0036] and since the selection of a known material based on its suitability for its intended use supported a prima facie obviousness determination in Sinclair & Carroll Co. v. Interchemical Corp., 325 U.S. 327, 65 USPQ 297 (1945) (See MPEP 2144.07).
Regarding Claim 16, Chung in view of Kim discloses the device of claim 10, wherein
the opto-electronic device is one of a light emitting diode, a photodetector, or a transistor. (“a light emitting device 100”) [0024 Kim]
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chung et al. (“Transferable single-crystal GaN thin films grown on chemical vapor-deposited hexagonal BN sheets” NPG Asia Materials (2017) 9, e410; doi:10.1038/am.2017.118; published online 28 July 2017) in view of Kim et al. (US 2007/0241350 A1) and further in view of Hosoya (US 2006/0270226 A1)
Regarding Claim 15, Chung in view of Kim discloses the device of claim 10.
Kim (Fig. 2, 3a-3c) in view of Wang does not explicitly disclose the single-crystal substrate is Al.sub.2O.sub.3 and the amorphous substrate is an amorphous quartz.
Hosoya discloses an amorphous substrate is an amorphous quartz. (“ the substrate 1 include amorphous glass“ [0104]
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device in Chung in view of Kim and Hosoya such that the amorphous substrate is an amorphous quartz in order to provide for a small thermal expansion coefficient and prevent a device from being distorted due to heat during exposure [0104]
Claim(s) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over in view of in view of Chung et al. (“Transferable single-crystal GaN thin films grown on chemical vapor-deposited hexagonal BN sheets” NPG Asia Materials (2017) 9, e410; doi:10.1038/am.2017.118; published online 28 July 2017) in view of Kim et al. (US 2007/0241350 A1) and further in view of Yoo (US 2003/0080344 A1).
Regarding Claim 17, Chung in view of Kim discloses the device of claim 10, further comprising:
a transparent indium-tin-oxide (ITO) layer (173 Kim) formed on the p-type GaN layer (160 Kim); (“ p-type electrode 173 may be embodied as a transparent electrode formed of ITO” Kim),
a second electrode (171 Kim) formed directly on the n-type GaN layer (140 Kim).
Chung in view of Kim does not explicitly disclose that a first electrode formed directly on the ITO layer.
Yoo (Fig. 1, 2,8) discloses a transparent indium-tin-oxide (ITO) layer (220) formed on a p-type GaN layer (180) and first electrode (240, 260) formed directly on the ITO layer. (220)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device in Chung in view of Kim and Yoo such that a first electrode formed directly on the ITO layer in order to provide better metal adhesion between bonding pads and both n and p contacts [0040]
Claim(s) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over in view of Chung et al. (“Transferable single-crystal GaN thin films grown on chemical vapor-deposited hexagonal BN sheets” NPG Asia Materials (2017) 9, e410; doi:10.1038/am.2017.118; published online 28 July 2017) in view of Kim et al. (US 2007/0241350 A1) and further in view of Xie et al. (CN 201910559681 A)
Regarding Claim 18, Chung in view of Kim discloses the device of claim 10, wherein
a size of the single-crystal, non-oxide film (Single-crystalline h-BN layer)
Kim in view of Wang does not explicitly disclose a size is 10 cm by 10 cm or larger.
Xie discloses single-crystal, non-oxide film (“single crystal nano-porous molybdenum nitride”) having a size 0.1cm to 30cm (“Optionally, the surface of the porous nitride single crystal of porous molybdenum nitride single crystal (001) plane, (100) plane, (110) plane, (111) in at least one surface. Optionally, the size of the porous single crystal is 0.1cm to 30cm” and further discloses single-crystal, non-oxide film is deposited on 10 cm, 16cm, 27cm substrates (See examples 6, 9, 12 etch)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device in Chung in view of Kim and Xie such that a size of the single-crystal, non-oxide film is 10 cm by 10 cm or larger in order to provide molybdenum porous single crystal material with large size and high purity [Xie] that can be used in affect the performance of the electrode material. [Xie]
Response to Arguments
Applicant’s arguments, see Pages 6-9 , filed 10/21/2025, with respect to the rejection(s) of claim(s) 10 under 35 U.S.C. 103 as being unpatentable over Kim et al. (US 2007/0241350 A1) in view of Wang et al. (CN 201910468538 A) have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Chung et al. (“Transferable single-crystal GaN thin films grown on chemical vapor-deposited hexagonal BN sheets” NPG Asia Materials (2017) 9, e410; doi:10.1038/am.2017.118; published online 28 July 2017) in view of Kim et al. (US 2007/0241350 A1).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in 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 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 DMITRIY YEMELYANOV whose telephone number is (571)270-7920. The examiner can normally be reached M-F 9a.m.-6p.m.
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/DMITRIY YEMELYANOV/Examiner, Art Unit 2891
/MATTHEW C LANDAU/Supervisory Patent Examiner, Art Unit 2891
/MATTHEW C LANDAU/Supervisory Patent Examiner, Art Unit 2891