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 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, 6, and 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ohmae et al. (US 2011/0212559) in view of Koike et al. (US 2003/0019239) and Yue et al. (US 2019/0198623).
Ohmae et al. disclose placing a sapphire substrate (11) [0147] into a reaction chamber (growth would inherently be performed in a reaction chamber to control the growth conditions and environment [0156, MOCVD apparatus]) ; introducing a reaction gas into the reaction chamber [0164], and forming a plurality of GaN crystal nuclei (14) [0149] on a surface of the sapphire substrate the GaN crystal nuclei growing to form a buffer layer (15) and successively growing an N-type GaN layer(16) [0165], an active layer (17)[0165]and a P-type GaN layer (18)[0165] on the buffer layer (15) to form an epitaxial wafer, the active layer comprising alternately stacked InGaN quantum wells and GaN quantum barriers [0165].
Ohmae et al. fails to explicitly disclose GaN crystal nuclei containing In atoms.
Koike et al. disclose GaN crystal nuclei containing In atoms [0106].
The prior art included each element claimed, although not necessarily in a single prior art reference, with the only difference between the claimed invention and the prior art being the lack of actual combination of the elements in a single prior art reference.
One of ordinary skill in the art could have combined the elements as claimed by known methods (using In in the GaN nuclei), and that in combination, each element merely performs the same function as it does separately.
One of ordinary skill in the art would have recognized that the results of the combination were predictable (the In would reduce the threading disclocations [Koike, 0106]).
Ohmae et al. and Koike et al. fail to explicitly disclose growing at least one composite layer on the GaN crystal nuclei, the GaN crystal nuclei growing to form a buffer layer, and each composite layer comprising an InGaN sublayer and a GaN sublayer that is grown on the InGaN sublayer.
Yue et al. disclose growing at least one composite layer [0022, GaN supperlattice, and one more InGaN layers], and each composite layer comprising an InGaN sublayer and a GaN sublayer that is grown on the InGaN sublayer [0022, GaN supperlattice, and one more InGaN layers].
The combination of Ohmae et al. Koike et al. and Yue et al. would result in growing at least one composite layer on the GaN crystal nuclei.
The prior art included each element claimed, although not necessarily in a single prior art reference, with the only difference between the claimed invention and the prior art being the lack of actual combination of the elements in a single prior art reference.
One of ordinary skill in the art could have combined the elements as claimed by known methods (using multiple layers of GaN and InGaN in the buffer layer), and that in combination, each element merely performs the same function as it does separately.
One of ordinary skill in the art would have recognized that the results of the combination were predictable (the multiple layers in the buffer layer would result in stress relief [Yue, 0022]).
Regarding claim 6 the combination of Ohmae et al. Koike et al. and Yue et al. would result in the step of growing the at least one composite layer on the GaN crystal nuclei comprises: introducing an In source, a Ga source and an N source into the reaction chamber [Ohmae et al. 0164, known method of forming InGaN, using TMI, TMG and ammonia, and Yue 0022, one more InGaN layers ], and a first InGaN sublayer generated by reaction of In atoms, Ga atoms and N atoms being clad onto the GaN crystal nuclei; introducing the Ga source and the N source into the reaction chamber, and a first GaN sublayer [Ohmae et al. 0164, known method of forming InGaN, using TMG and ammonia Yue et al. 0022, GaN superlattice] layers generated by reaction of Ga atoms and N atoms being clad onto the first InGaN sublayer; introducing the In source, the Ga source and the N source into the reaction chamber, and a second InGaN sublayer generated by reaction of In atoms, Ga atoms and N atoms being clad onto the first GaN sublayer [Ohmae et al. 0164, known method of forming InGaN, using TMI, TMG and ammonia, and Yue 0022, one more InGaN layers ]; introducing the Ga source and the N source into the reaction chamber, and a second GaN sublayer generated by reaction of Ga atoms and N atoms being clad onto the second InGaN sublayer[Ohmae et al. 0164, known method of forming InGaN, using TMG and ammonia Yue et al. 0022, GaN superlattice].
Regarding claim 10, the combination of Ohmae et al. Koike et al. and Yue et al. would result in an undoped GaN layer, the undoped GaN layer is stacked between the buffer layer and the N-type GaN layer[Yue et al. 0022, GaN supperlattice ]. (The top layer of the composite layer, as noted in with regards to claim 6 is an undoped GaN and could be considered not a part of the buffer layer.)
Claim(s) 11-12, 15 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ohmae et al. (US 2011/0212559) in view of Koike et al. (US 2003/0019239) and Yue et al. (US 2019/0198623).
Ohmae et al. disclose a sapphire substrate (11) [0147] a buffer layer (15), an N-type GaN layer(16) [0165], an active layer (17)[0165]and a P-type GaN layer (18)[0165] on the sapphire substrate the active layer comprising alternately stacked InGaN quantum wells and GaN quantum barriers [0165] the buffer layer comprises a plurality of GaN crystal nuclei containing, and the plurality of GaN crystal nuclei are arranged on a surface of the sapphire substrate at intervals (figs 1B, and 1C).
Ohmae et al. fails to explicitly disclose GaN crystal nuclei containing In atoms.
Koike et al. disclose GaN crystal nuclei containing In atoms [0106].
The prior art included each element claimed, although not necessarily in a single prior art reference, with the only difference between the claimed invention and the prior art being the lack of actual combination of the elements in a single prior art reference.
One of ordinary skill in the art could have combined the elements as claimed by known methods (using In in the GaN nuclei), and that in combination, each element merely performs the same function as it does separately.
One of ordinary skill in the art would have recognized that the results of the combination were predictable (the In would reduce the threading disclocations [Koike, 0106]).
Ohmae et al. and Koike et al. fail to explicitly disclose at least one composite layer and the composite layer is located on the plurality of GaN crystal nuclei, and each composite layer comprises an InGaN sublayer and a GaN sublayer grown on the InGaN sublayer.
Yue et al. disclose one composite layer [0022], and each composite layer comprises an InGaN sublayer and a GaN sublayer on the InGaN sublayer [0022 GaN supperlattice, and one more InGaN layers].
The combination of Ohmae et al. Koike et al. and Yue et al. would result in the composit layer is located on the plurality of GaN crystal nuclei.
The prior art included each element claimed, although not necessarily in a single prior art reference, with the only difference between the claimed invention and the prior art being the lack of actual combination of the elements in a single prior art reference.
One of ordinary skill in the art could have combined the elements as claimed by known methods (using multiple layers of GaN and InGaN in the buffer layer), and that in combination, each element merely performs the same function as it does separately.
One of ordinary skill in the art would have recognized that the results of the combination were predictable (the multiple layers in the buffer layer would result in stress relief [Yue, 0022]).
Regarding claim 12, the combination of Ohmae et al. and Koike et al. would disclose the GaN crystal nuclei include first GaN crystal nuclei (Ohmae et al.), the In atoms and a GaN layer (Koike et al.), the In atoms are laid on the first GaN crystal nuclei [Koike, 0106], and the GaN layer is clad onto the first GaN crystal nuclei (Ohmae et al.[0149-0152] )laid with the In atoms[Koike, 0106].
Regarding claim 15, the combination of Ohmae et al. Koike et al. and Yue et al. would result in the at least one composite layer comprises a first InGaN sublayer [Yue et al. , 0022 one more InGaN layers], a first GaN sublayer [Yue et al. 0022 , GaN supperlattice ] a second InGaN sublayer [Yue et al. , 0022 one more InGaN layers] and a second GaN sublayer [Yue et al. 0022, GaN supperlattice ] which are successively stacked on the GaN crystal nuclei.
Regarding claim 18, the combination of Ohmae et al. Koike et al. and Yue et al. would result in an undoped GaN layer, the undoped GaN layer is stacked between the buffer layer and the N-type GaN layer[Yue et al. 0022, GaN supperlattice ]. (The top layer of the composite layer, as noted in with regards to claim 15 is an undoped GaN and could be considered not a part of the buffer layer.)
Claim(s) 19-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ohmae et al. (US 2011/0212559) in view of Koike et al. (US 2003/0019239) and Yue et al. (US 2019/0198623).
Ohmae et al. a sapphire substrate(11) [0147], and a buffer layer(15), an N-type GaN layer (16) [0165], an active layer active layer (17)[0165] and a P-type GaN layer (18)[0165] successively stacked on the sapphire substrate, the active layer comprising alternately stacked InGaN quantum wells and GaN quantum barriers [0165] and one or more electrodes (19, 21 )on the epitaxial wafer, wherein the buffer layer comprises a plurality of GaN crystal nuclei (14) and the plurality of GaN crystal nuclei are arranged on a surface of the sapphire substrate at intervals (fig. 1B).
Ohmae et al. fails to explicitly disclose GaN crystal nuclei containing In atoms.
Koike et al. disclose GaN crystal nuclei containing In atoms [0106].
The prior art included each element claimed, although not necessarily in a single prior art reference, with the only difference between the claimed invention and the prior art being the lack of actual combination of the elements in a single prior art reference.
One of ordinary skill in the art could have combined the elements as claimed by known methods (using In in the GaN nuclei), and that in combination, each element merely performs the same function as it does separately.
One of ordinary skill in the art would have recognized that the results of the combination were predictable (the In would reduce the threading disclocations [Koike, 0106]).
Yue et al. disclose one composite layer [0022], and each composite layer comprises an InGaN sublayer and a GaN sublayer on the InGaN sublayer [0022 GaN supperlattice, and one more InGaN layers].
The combination of Ohmae et al. Koike et al. and Yue et al. would result in the composite layer is located on the plurality of GaN crystal nuclei.
The prior art included each element claimed, although not necessarily in a single prior art reference, with the only difference between the claimed invention and the prior art being the lack of actual combination of the elements in a single prior art reference.
One of ordinary skill in the art could have combined the elements as claimed by known methods (using multiple layers of GaN and InGaN in the buffer layer), and that in combination, each element merely performs the same function as it does separately.
One of ordinary skill in the art would have recognized that the results of the combination were predictable (the multiple layers in the buffer layer would result in stress relief [Yue, 0022]).
Regarding claim 20, the combination of Ohmae et al. Koike et al. and Yue et al. would result in the GaN crystal nuclei include a first GaN crystal nuclei (Ohmae et al.), the In atoms and a GaN layer (Koike et al.); the In atoms are laid on the first GaN crystal nuclei (Koike et al.); and the GaN layer (15 Ohmae et al.) is clad onto the first GaN crystal nuclei (Ohmae et al.), laid with the In atoms(Koike et al.).
Allowable Subject Matter
Claims 2-5,7-9, 13, 14, 16, and 17 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter, the prior art of record fails to teach or suggest: the step of introducing the reaction gas into the reaction chamber and forming the GaN crystal nuclei containing the In atoms in a partial region of the sapphire substrate comprises: introducing a Ga source and an N source into the reaction chamber, and Ga atoms and N atoms aggregating within the partial region of the sapphire substrate to form a plurality of first GaN crystal nuclei arranged at intervals; introducing an In source into the reaction chamber, and the In atoms being adsorbed on the first GaN crystal nuclei such that the first GaN crystal nuclei are enlarged to be second GaN crystal nuclei; introducing the Ga source and the N source into the reaction chamber, and a GaN layer generated by reaction of Ga atoms and N atoms being clad onto the second GaN crystal nuclei to form the GaN crystal nuclei (claims 2-5) thicknesses of the first InGaN sublayer, the first GaN sublayer, the second InGaN sublayer, and the second GaN sublayer are reduced in order (claim 7) a thickness of the first InGaN sublayer is 5nm ~10nm, a thickness of the first GaN sublayer is 3nm ~ 8nm, a thickness of the second InGaN sublayer is 2nm ~5nm, and a thickness of the second GaN sublayer is lnm-4nm (claim 8) in generating the first InGaN sublayer and the second InGaN sublayer, flow rates of the In source introduced are 50sccm~500sccm (claim 9) a height of the first GaN crystal nuclei is 8nm ~15nm (claim 13) a thickness of the GaN layer is 5nm ~l0nm (claim 14) thicknesses of the first InGaN sublayer, the first GaN sublayer, the second InGaN sublayer and the second GaN sublayer are reduced in order (16-17).
Conclusion
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/BRADLEY SMITH/Primary Examiner, Art Unit 2817