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 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) 1-3, 5- 6, 8, 19, is/are rejected under 35 U.S.C. 103 as being unpatentable over US 20120138945 (Chen et al) in view of US 20140335676 (Berger et al) and US 20140183442 (Odnoblyudov et al).
Concerning claim 1, Chen discloses an epitaxial semiconductor structure comprising (Fig. 7): an . . . substrate having a substrate coefficient of thermal expansion ([0010]), . . . a bonding layer (70); and an exfoliated single crystalline layer (40) directly joined to the bonding layer (Fig. 7, [0013]-[0015]); and an epitaxial layer (190 and 240) coupled to the exfoliated single crystalline layer ([0023]).
Chen does not disclose that the substrate is an engineered substrate and that the engineered substrate comprising: the bonding layer coupled to the dielectric barrier layer; or wherein the epitaxial layer is characterized by an epitaxial coefficient of thermal expansion substantially equal to the substrate coefficient of thermal expansion. However, Berger discloses a composite substrate (engineered substrate (Figs.9 (A)-(E)) in which an exfoliated single crystalline layer (920) is transferred directly to an engineered substrate structure (Fig. 9(B)) that includes a polycrystalline ceramic core (960) ([0196]) encapsulated with a barrier layer (938) ([0143]-[0144]) and coupled to a bonding layer (970). Berger discloses that an epitaxially grown GaN (similar to the invention of Chen) is subsequently grown on the structure and that The CTE of the carrier graphite can then be adapted to the CTE of the comparably thick epitaxial GaN layer. This allows formation of a thicker GaN layer, which actually forms the use-layer for final devices, and reduces the costs for the buffer layers. Thicker use-layers for GaN can be used for a higher ampacity or current-carrying capacity per chip area for lateral devices, and can be used to provide vertical devices having a higher blocking voltage ([0150]-[0154]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to substitute the substrate of Chen with the engineered substrate configuration of Berger in order to allow for the formation of thicker GaN on the substrate which allows for a reduction in the cost of subsequently formed buffer layers and formation of vertical devices with higher blocking voltages.
Also Odnoblyudov discloses a substrate configuration in which a polycrystalline ceramic core (226a) ([0017]), a dielectric barrier layer (224a) (native oxide [0018]) encapsulating the polycrystalline ceramic core (Fig. 2C) are used. 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. Therefore it would have been obvious to one of ordinary skill in the art to use the materials disclosed by Odnoblyudov (dielectric barrier layer to encapsulate the polycrystalline core) because they are known materials suitable for the intended purpose of acting as a substrate.
Continuing to claim 2, Chen in view of Berger and Odnoblyudov discloses wherein the exfoliated single crystalline layer comprises a silicon carbide (SiC) layer (Berger claim 2).
Considering claim 3, Chen in view of Berger and Odnoblyudov discloses wherein the exfoliated single crystalline layer comprises a gallium nitride (GaN) layer (Berger claim 2).
Referring to claim 5, Chen in view of Berger and Odnoblyudov discloses wherein the exfoliated single crystalline layer and the epitaxial layer are substantially lattice-matched (Berger claim 2, note that the epitaxial layer is GaN and the single crystalline layer is disclosed to comprise GaN).
Regarding claim 6, Chen in view of Berger and Odnoblyudov discloses further comprising a buffer layer (Chen 180 ([0023]-[0024]) disposed between the exfoliated single crystalline layer and the epitaxial layer (Chen Fig. 7)
As to claim 8, Chen in view of Berger and Odnoblyudov discloses wherein the epitaxial layer comprises gallium nitride (GaN) (Chen [0035]-[0036]).
Considering claim 19, Chen in view of Berger and Odnoblyudov discloses wherein the epitaxial layer comprises an aluminum gallium nitride (AlGaN) layer (240) (Chen [0035]-[0036]).
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 20120138945 (Chen et al) in view of US 20140335676 (Berger et al ) and US 20140183442 (Odnoblyudov et al) as applied to claim 1 above, and further in view of US 9087689 (Tran et al).
Referring to claim 4, Chen in view of Berger and Odnoblyudov discloses forming the single crystalline layer that contains Silicon (Berger ([0150]-[0154]).
Chen in view of Berger and Odnoblyudov does not disclose wherein the exfoliated single crystalline layer comprises a silicon germanium (SiGe) layer. Tran discloses a semiconductor single crystalline layer and that silicon germanium is a suitable material for use as a single crystalline layer (col. 5 lines 35-45). 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. Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to use silicon germanium as the single crystalline layer because of its suitability as a silicon containing crystalline layer as disclosed by Tran.
Claim(s) 7, 9-16 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 20120138945 (Chen et al) in view of US 20140335676 (Berger et al) and US 20140183442 (Odnoblyudov et al) as applied to claim 1 above, and further in view of US 20110147772 (Lochtefeld et al).
Pertaining to claim 7, Chen in view of Berger and Odnoblyudov discloses forming a buffer layer in an LED device ([0001]).
Chen in view of Berger and Odnoblyudov does not disclose further comprising a silicon nitride layer disposed between the buffer layer and the epitaxial layer. However, Lochtefeld discloses a device configuration (LED Figs. 7A-7B) in which a silicon nitride layer is formed between the buffer layer and the epitaxial layer ([0027], it is noted that the silicon nitride can be formed on or is included as a layer of the buffer layer and epitaxial layers are subsequently formed over it). ). 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. Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the buffer layer of Chen in view of Berger to include a silicon nitride layer formed over it such that it is between the buffer layer and the epitaxial layer because of its known suitability for use in forming an LED device as disclosed by Lochtefeld.
Concerning claims 9-16, Chen in view of Berger and Odnoblyudov discloses wherein the epitaxial layer comprises . . . GaN layers (Chen (190 and 240) for use in an LED.
Chen in view of Berger does not disclose the epitaxial layer comprises one or more doped GaN layers, wherein the one or more doped GaN layers comprise an n-type GaN layer, wherein the one or more doped GaN layers comprise a p-type GaN layer, wherein the epitaxial layer comprises one or more layers of undoped GaN and n-type GaN, wherein the epitaxial layer comprises one or more layers of undoped GaN and p-type GaN, wherein the epitaxial layer comprises one or more layers of undoped GaN, n-type GaN, and p-type GaN, wherein the epitaxial layer comprises unintentionally doped GaN, or wherein the epitaxial layer comprises alternating layers of undoped GaN and doped GaN.
However, Lochtefeld discloses an LED configuration in which epitaxially grown multiple quantum wells (MQWs), are formed on a GaN material (120) by alternating "well" material layers with "barrier" material layers in a manner known to those of ordinary skill in the relevant art, resulting in an active light-emitting region 132. A region of P-type GaN (134) is further formed on the light-emitting region and at least a portion of the GaN material 120 includes N-type GaN to form a vertical LED ([0036]). 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. Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the invention of Chen in view of Berger to include the epitaxially grown layers of Lochtefeld because these materials are known in the art the be suitable materials for epitaxial layers in and LED device.
Continuing to claim 18, Chen in view of Berger and Odnoblyudov discloses wherein the epitaxial layer comprises: . . . an undoped GaN layer (Chen 190 [0025]); the epitaxial semiconductor structure further comprising: a buffer layer (Chen 180) disposed between the exfoliated single crystalline layer and the epitaxial layer (Chen [[0024] and Fig. 7); an aluminum gallium nitride (AlGaN) layer (Chen 240) coupled to the epitaxial layer (Fig. 7).
Chen in view of Berger and Odnoblyudov does not disclose a doped gallium nitride (GaN) layer; and an undoped GaN layer (Lochtefeld [0036]); . . . and a cap layer. However, Lochtefeld discloses an LED configuration in which epitaxially grown multiple quantum wells (MQWs), are formed on a GaN material (120) by alternating "well" material layers with "barrier" material layers in a manner known to those of ordinary skill in the relevant art, resulting in an active light-emitting region 132. A region of P-type GaN (134) is further formed on the light-emitting region and at least a portion of the GaN material 120 includes N-type GaN and a cap layer (130) to form a vertical LED ([0036]). 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. Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the invention of Chen in view of Berger to include the doped and undoped GaN epitaxially grown layers and cap layer of Lochtefeld because these materials are known in the art the be suitable materials for epitaxial layers and cap layers in and LED device.
Claim(s) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 20120138945 (Chen et al) in view of US 20140335676 (Berger et al), US 20140183442 (Odnoblyudov et al), and US 20110147772 (Lochtefeld et al) as applied to claim 16 above, and further in view of US 20160099345 (Ramer et al).
Regarding claim 17, Chen in view of Berger, Odnoblyudov, and Lochtefeld discloses forming the epitaxial layer.
Chen in view of Berger, Odnoblyudov, and Lochtefeld does not disclose wherein the doped GaN comprises carbon-doped GaN (C-GaN) or iron-doped GaN (Fe-GaN). However, Ramer discloses a semiconductor device that utilizes a GaN that includes an alternating layer of carbon-doped GaN (C-GaN) ([0038]). Ramer discloses that the incorporation of carbon improves electrical breakdown performance by increasing the electrical resistivity of the GaN layer ([0006]-[0007]). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to form the epitaxial layer of Lochtefeld to comprise an alternating structure of undoped GaN and carbon-doped GaN (C-GaN) in order to achieve the advantages disclosed by Ramer.
Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 20120138945 (Chen et al) in view of US 20140335676 (Berger et al) and US 20140183442 (Odnoblyudov et al) as applied to claim 19 above, and further in view of US 20130092953 (Miyoshi et al).
Pertaining to claim 20, Chen in view of Berger and Odnoblyudov discloses wherein the epitaxial layer comprises an aluminum gallium nitride (AlGaN) layer (Chen 240 [0035]-[0036]).
Chen in view of Berger and Odnoblyudov does not disclose wherein the AlGaN layer has an aluminum mole fraction less than 10%. However, Miyoshi discloses forming an epitaxial layer of aluminum gallium nitride (AlGaN) that has an aluminum mole fraction of 10-20%. Miyoshi discloses that this allows for the epitaxial layer to be crack-free with a high breakdown voltage ([0112]). Generally, differences in concentration or temperature will not support the patentability of subject matter encompassed by the prior art unless there is evidence indicating such concentration or temperature is critical. "[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). See MPEP 2144.05. Therefore absent evidence that the claimed concentration is critical it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the aluminum gallium nitride layer to contain an aluminum mole fraction as described by Miyoshi in order to prevent epitaxial layer cracking and increase breakdown voltage of the epitaxial layer.
Claim(s) 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 20120138945 (Chen et al) in view of US 20140335676 (Berger et al), and US 20140183442 (Odnoblyudov et al) as applied to claim 1 above, and further in view of US 20160149074 (Atanackovic et al).
As to claim 21, Chen in view of Berger, and Odnoblyudov disclose that the exfoliated single crystalline layer comprises a monocrystalline semiconductor wafer comprising a wide-band gap semiconductor material (Berger claim 2).
Chen in view of Berger and Odnoblyudov does not disclose wherein the exfoliated single crystalline layer comprises a sapphire layer. However, Atanackovic discloses that sapphire offers a compelling commercial and technological utility for high Al % III-N epitaxy due to the mechanical hardness, deep UV optical transparency, an extremely wide band gap, and its insulating properties. Sapphire is readily grown using bulk crystal growth methods such as CZ and is manufacturable as extremely high quality structural quality single crystal wafers, available in predominately, r-plane, c-plane, m-plane, and a-plane. C-plane sapphire is an important template surface compatible with III-N epitaxy ([0223]). Therefore it would have been obvious to one of ordinary skill to form the exfoliated single crystalline layer to comprise a sapphire layer because such material offers compelling commercial and technological utility due to the mechanical hardness, deep UV optical transparency, and extremely wide band gap.
Claim(s) 22-28 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 20120138945 (Chen et al) in view of US 20140335676 (Berger et al), US 20140183442 (Odnoblyudov et al), and US 20110147772 (Lochtefeld et al).
According to claim 22, Chen discloses an epitaxial semiconductor structure comprising (Fig. 7): an . . . substrate having a substrate coefficient of thermal expansion, the . . . substrate comprising:([0010]), . . . a bonding layer (70); and an exfoliated single crystalline layer (40) comprising silicon, silicon carbide (SiC), gallium nitride (GaN), or sapphire and directly joined to the bonding layer (Fig. 7, [0013]-[0015]); a buffer layer (180), and an epitaxial layer (190 and 240) coupled to the buffer layer, wherein the epitaxial layer comprises . . .one or more undoped III-V layers ([0035]-[0036]).
Chen does not disclose that the substrate is an engineered substrate and that the engineered substrate comprising: the bonding layer coupled to the dielectric barrier layer; or the epitaxial layer comprises one or more doped III-V layers, and is characterized by an epitaxial coefficient of thermal expansion substantially equal to the substrate coefficient of thermal expansion. However, Berger discloses a composite substrate (engineered substrate (Figs.9 (A)-(E)) in which an exfoliated single crystalline layer (920) is transferred directly to an engineered substrate structure (Fig. 9(B)) that includes a polycrystalline ceramic core (960) ([0196]) encapsulated with a barrier layer (938) ([0143]-[0144]) and coupled to a bonding layer (970). Berger discloses that an epitaxially grown GaN (similar to the invention of Chen) is subsequently grown on the structure and that The CTE of the carrier graphite can then be adapted to the CTE of the comparably thick epitaxial GaN layer. This allows formation of a thicker GaN layer, which actually forms the use-layer for final devices, and reduces the costs for the buffer layers. Thicker use-layers for GaN can be used for a higher ampacity or current-carrying capacity per chip area for lateral devices, and can be used to provide vertical devices having a higher blocking voltage ([0150]-[0154]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to substitute the substrate of Chen with the engineered substrate configuration of Berger in order to allow for the formation of thicker GaN on the substrate which allows for a reduction in the cost of subsequently formed buffer layers and formation of vertical devices with higher blocking voltages.
Also Odnoblyudov discloses a substrate configuration in which a polycrystalline ceramic core (226a) ([0017]), a dielectric barrier layer (224a) (native oxide [0018]) encapsulating the polycrystalline ceramic core (Fig. 2C) are used. 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. Therefore it would have been obvious to one of ordinary skill in the art to use the materials disclosed by Odnoblyudov (dielectric barrier layer to encapsulate the polycrystalline core) because they are known materials suitable for the intended purpose of acting as a substrate.
Additionally, Lochtefeld discloses an LED configuration in which epitaxially grown multiple quantum wells (MQWs), are formed on a GaN material (120) by alternating "well" material layers with "barrier" material layers in a manner known to those of ordinary skill in the relevant art, resulting in an active light-emitting region 132. A region of P-type GaN (134) is further formed on the light-emitting region and at least a portion of the GaN material 120 includes N-type GaN and a cap layer (130) to form a vertical LED ([0036]). 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. Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the invention of Chen in view of Berger to include the epitaxially grown layers of Lochtefeld because these materials are known in the art the be suitable materials for epitaxial layers in and LED device.
Continuing to claim 23, Chen in view of Berger, Odnoblyudov, and Lochtefeld disclose forming a buffer layer in an LED device ([0001]).
Chen in view of Berger, Odnoblyudov, and Lochtefeld does not disclose further comprising a silicon nitride layer disposed between the buffer layer and the epitaxial layer. However, Lochtefeld discloses a device configuration (LED Figs. 7A-7B) in which a silicon nitride layer is formed between the buffer layer and the epitaxial layer ([0027], it is noted that the silicon nitride can be formed on or is included as a layer of the buffer layer and epitaxial layers are subsequently formed over it). ). 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. Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the buffer layer of Chen in view of Berger to include a silicon nitride layer formed over it such that it is between the buffer layer and the epitaxial layer because of its known suitability for use in forming an LED device as disclosed by Lochtefeld.
Considering claim 24, Chen in view of Berger, Odnoblyudov, and Lochtefeld disclose wherein the one or more doped III-V layers comprise an n-type GaN layer (Lochtefeld [0036]).
Referring to claim 25, Chen in view of Berger, Odnoblyudov, and Lochtefeld disclose wherein the one or more doped III-V layers comprise a p-type GaN layer (Lochtefeld [0036]).
Regarding claim 26, Chen in view of Berger, Odnoblyudov, and Lochtefeld disclose wherein the one or more doped III-V layers comprise both n-type GaN and p-type GaN (Lochtefeld [0036]).
Pertaining to claim 27, Chen in view of Berger, Odnoblyudov, and Lochtefeld disclose wherein the one or more doped III-V layers and one or more undoped GaN layers comprise alternating layers of undoped GaN and doped GaN (Lochtefeld [0036]).
As to claim 28, Chen in view of Berger, Odnoblyudov, and Lochtefeld disclose further comprising: an aluminum gallium nitride (AlGaN) layer (Chen 240) coupled to the epitaxial layer (Chen [0035]-[0036]); and a cap layer ((Lochtefeld 130).
Claim(s) 29 and 30 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 20120138945 (Chen et al) in view of US 20140335676 (Berger et al), US 20140183442 (Odnoblyudov et al), and US 20110147772 (Lochtefeld et al) as applied to claims 7 and 22 above, and further in view of US 20100301428 (Forbes et al).
Concerning claims 29 and 30 (with these claims being similar in scope), Chen in view of Berger, Odnoblyudov, and Lochtefeld disclose forming the silicon nitride.
Chen in view of Berger, Odnoblyudov, and Lochtefeld does not disclose wherein the silicon nitride layer comprises a partial monolayer of silicon nitride. Forbes discloses forming SiN by the monolayer or partial monolayer sequencing process (claim 19) and that such methods yield enhanced device performance by providing devices with reduced leakage current ([0135]). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to form the silicon nitride of a partial monolayer in order to reduce leakage current and yield enhanced device performance.
Response to Arguments
Applicant’s arguments, see pages 6 and 7 of the Remarks, filed 10/24/25, with respect to the rejection(s) of claim(s) 1-20 under 103 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 US 20120138945 (Chen et al) in view of US 20140335676 (Berger et al) and US 20140183442 (Odnoblyudov et al).
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 VALERIE N NEWTON whose telephone number is (571)270-5015. The examiner can normally be reached M-F 8-5.
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/VALERIE N NEWTON/Examiner, Art Unit 2897 05/29/26
/CHAD M DICKE/Supervisory Patent Examiner, Art Unit 2897
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