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 .
Information Disclosure Statement
The information disclosure statement (IDS) was submitted on 06/23/2023. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-4 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 1, in lines 1-2, the term “a gallium oxide substrate” between the term “by cutting” and the term “having” is unclear whether if “a gallium oxide substrate” is the same or different with “a gallium oxide substrate” in line 1 after “A method for processing”. Moreover, in line 7, the term “a gallium oxide substrate” between the term “using” and the term “of which” is unclear whether if “a gallium oxide substrate” in line 7 is the same or different with “a gallium oxide substrate” both in line 1 and line 2 that are previously claimed.
Regarding claim 2, in line 1, the term “a gallium oxide substrate” is unclear whether if “a gallium oxide substrate” in claim 2 is the same or different with “a gallium oxide substrate” in claim 1 since claim 2 is being dependent upon claim 1.
Regarding claim 3, in line 2, the term “a gallium oxide substrate” is unclear whether if “a gallium oxide substrate” in claim 3 is the same or different with “a gallium oxide substrate” in claim 1 since claim 3 is being dependent upon claim 1.
Regarding claim 4, in line 2, the term “a gallium oxide substrate” is unclear whether if “a gallium oxide substrate” in claim 4 is the same or different with “a gallium oxide substrate” in claim 2 since claim 4 is being dependent upon claim 2.
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 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1 and 3 are rejected under 35 U.S.C. 103 as being unpatentable over Ikemoto (US 20070134833 A1), aka embodiment of Fig. 6 in view of embodiment of Fig. 11, and as evidenced by Hashimura (CN 1241253 C and see PDF translation attached).
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Regarding independent claim 1, Ikemoto discloses, in embodiment of Fig. 6, a method for processing a gallium oxide substrate (see gallium oxide (Ga.sub.2O.sub.3) in Fig. 6) by cutting a gallium oxide substrate (see gallium oxide (Ga.sub.2O.sub.3) in Fig. 6) having a β-gallia structure (see beta.-Ga.sub.2O.sub.3 in Fig. 6) along an X direction (see X direction annotated in Fig. 6) and a Y direction (see Y direction annotated in Fig. 6) orthogonal to each other (see annotated Fig. 6) on a main plane (see plane 100 in Fig. 6), the method comprising:
performing mechanical scribing processing (see cleavage region 2 in Fig. 6 and disclosed in para 0098 “the wafer is cleaved along the (001)-plane by using the cleavage property”, wherein as disclosed in para 0054 “"scribing" means a process that a scratch (or a scribe line) is formed on the surface of a wafer by a diamond cutter etc. while using its cleavage property so as to divide the wafer into dice (or chips)”) in which a cut groove (see cleavage region 2 in Fig. 6) is engraved on the main plane (see plane 100 in Fig. 6) by a blade edge of a scribing tool (see diamond cutter in para 0054 and as the same manner as diamond blade 130 in Fig. 10) along a planned cutting line parallel to the X direction (see Fig. 6), which is defined as a direction parallel to an intersection line (see annotated Fig. 6) between the main plane (see plane 100 in Fig. 6) and a plane (100) (see plane 001 in Fig. 6), using a gallium oxide substrate of which the main plane is the plane (001) (see plane 100 in Fig. 6);
performing dicing processing (see dicing region 3 in Fig. 6 wherein as disclosed in para 0054 “"dicing" means a process that cut grooves (by full cutting or half cutting) are formed like a lattice in a wafer so as to divide the wafer into dice (or chips)”) to be altered cutting in which grooves (see dicing regions 3 in Fig. 6) are formed along a planned cutting line parallel to the Y direction (see annotated Fig. 6); and
dividing the gallium oxide substrate (see gallium oxide (Ga.sub.2O.sub.3) in Fig. 6) as a bare chip/light emitting element region along planned cutting lines in the X direction and the Y direction after the mechanical scribing processing and after the dicing processing (see Fig. 6 and disclosed in para 0098 “the wafer is cleaved along the (001)-plane by using the cleavage property and cut along the (010)-plane by dicing etc., so that a number of the light emitting elements formed on the .beta.-Ga.sub.2O.sub.3 substrate 10 are divided as a bare chip”).
However, embodiment of Fig. 6 does not explicitly disclose, performing laser scribing processing to be altered by scanning with a laser beam along a planned cutting line parallel to the Y direction, and performing break along planned cutting lines in the X direction and the Y direction after the mechanical scribing processing and after the laser scribing processing.
Nonetheless, embodiment 11 discloses, performing laser scribing processing (see YAG laser as a light source 140 in Fig. 11) to be altered by scanning with a laser beam (see laser beam 141 in Fig. 11) along a planned cutting line (see processed grooves 5a in Fig. 11) parallel to the Y direction (see Fig. 11), and performing break (see applying force in para 0125 “by applying a given force along the processed groove 5a, the wafer 10 can be divided into chips with a necessary shape”) along planned cutting lines in the X direction and the Y direction after the laser scribing processing (disclosed in para 0125 “after processing a given number of grooves 5a needed for the breaking or cutting in the X or Y direction by the laser beam 141, the X-Y table 146 can be then moved in the Y or X direction perpendicular to the above direction such that the laser beam 141 is irradiated onto the surface of the wafer 10 to form a given number of grooves 5a in the Y or X direction. Thus, the processed grooves 5a for the breaking or cutting can be formed like a lattice on the surface of the wafer 10. Then, by applying a given force along the processed groove 5a, the wafer 10 can be divided into chips with a necessary shape”).
It would have been obvious to one having ordinary skill in the art at the time the invention was made (pre-AIA ) or at the time before the effective filling date (post AIA ) to substitute the dicing processing of the embodiment of Fig. 6 of Ikemoto with the laser scribing processing of the embodiment of Fig. 11 of Ikemoto wherein the laser scribing to be altered by scanning with a laser beam along a planned cutting line parallel to the Y direction. In this case, both embodiments of Fig. 6 and Fig. 11 are concerning to form grooves on the gallium oxide substrate, and revealed that the function of the substituted laser was known and predictable and that it could be used laser to form grooves on the gallium oxide substrate as taught/suggested in embodiment of Fig. 11 of Ikemoto ((Agrizap, Inc. v. Woodstream Corp., 520 F.3d 1337, 86 USPQ2d 1110 (Fed. Cir. 2008)). See MPEP 2143 (I) (B). Furthermore, since it is well known that diamond blades are more durable and have a longer lifespan compared to laser cutting tools, but using laser for cutting/forming grooves is higher precision so as minimizing material loss and maximizing the yield from a rough surface, it would have been obvious to one having ordinary skill in the art at the time the invention was made (pre-AIA ) or at the time before the effective filling date (post AIA ) to alternat the use of the dicing processing of the embodiment of Fig. 6 of Ikemoto and the laser scribing processing of the embodiment of Fig. 11 of Ikemoto within the same method for processing a gallium oxide substrate to obtain the advantages of both laser and diamond blade/cutter as desired (as evidenced by Hashimura-CN 1241253 C, wherein in Fig. 4A and C, the first groove portion A formed by the diamond blade cutter along the separation line, and then using yttrium aluminum garnet YAG laser, is irradiated […] along the separating line, thereby forming […] part C of the second groove). Additionally, it would have been obvious to one having ordinary skill in the art at the time the invention was made (pre-AIA ) or at the time before the effective filling date (post AIA ) to incorporate the performing break by applying force along planned cutting lines in the X direction and the Y direction of embodiment of Fig. 11 into the embodiment of Fig. 6 such that the performing break by applying force along planned cutting lines in the X direction and the Y direction after the mechanical scribing processing and after the laser scribing processing in order to obtain a number of the light emitting elements formed on the .beta.-Ga.sub.2O.sub.3 substrate with a necessary shape and then separate the light emitting elements to many single bare chips by applying a given force as desired.
Regarding claim 3, Ikemoto discloses, embodiment of Fig. 6 in view of embodiment of Fig. 11, a method for processing a gallium oxide substrate using the method for processing a gallium oxide substrate according to claim 1, furthermore the embodiment of Fig. 6 discloses, the method comprising: processing into a parallelepiped shape (see Fig. 6) in which the main plane is the plane (001) (see plane 100 in Fig. 6), a side plane (see plane 001 in Fig. 6) in the X direction (see annotated Fig. 6) is the plane (100) (see plane 001 in Fig. 6) obliquely intersecting the main plane (see plane 001 is obliquely intersecting the 100 plane in Fig. 6), a side plane (see 101 plane in Fig. 6) in the Y direction (see annotated Fig. 6) is a plane orthogonal to the main plane (see 100 plane in Fig. 6) and the side plane in the X direction (see annotated Fig. 6), and the embodiment of Fig. 11 teaches, the main plane has a rectangular shape (see Fig. 11).
Claims 2 and 4 are rejected under 35 U.S.C. 103 as being unpatentable over Ikemoto (US 20070134833 A1), aka embodiment of Fig. 6 in view of embodiment of Fig. 11 and in further view of embodiment 14A-B.
Regarding claim 2, Ikemoto discloses, embodiment of Fig. 6 in view of embodiment of Fig. 11, the method for processing a gallium oxide substrate according to claim 1, furthermore the embodiment of Fig. 11 teaches, wherein the laser scribing processing (140) on the planned cutting line parallel to the Y direction (5a).
However, embodiment of Fig. 6 and Fig. 11 are both silent about repeating the scanning with the laser beam for one planned cutting line a plurality of times.
Nonetheless, embodiment of Fig. 14A-B teaches, repeating the dicing with the dicing blade for one planned cutting line a plurality of times (see Fig. 14A and Fig. 14B).
It would have been obvious to one having ordinary skill in the art at the time the invention was made (pre-AIA ) or at the time before the effective filling date (post AIA ) to incorporate the method of repeating the cutting for one planned cutting line a plurality of times of embodiment of Fig. 14A-B into the embodiment of Fig. 6 in view of Fig. 11 in order to subsequently groove from the top to the bottom surface by scanning laser beam to one planned cutting line so as preventing the generation of cleavage which is caused by the local concentration of internal stress due to one strong laser cutting (see para 0160).
Regarding claim 4, Ikemoto discloses, embodiment of Fig. 6 in view of embodiment of Fig. 11 and in further view of embodiment of Fig. 14A-B, a method for processing a gallium oxide substrate using the method for processing a gallium oxide substrate according to claim 2, furthermore the embodiment of Fig. 6 discloses, the method comprising: processing into a parallelepiped shape (see Fig. 6) in which the main plane is the plane (001) (see plane 100 in Fig. 6), a side plane (see plane 001 in Fig. 6) in the X direction (see annotated Fig. 6) is the plane (100) (see plane 001 in Fig. 6) obliquely intersecting the main plane (see plane 001 is obliquely intersecting the 100 plane in Fig. 6), a side plane (see 101 plane in Fig. 6) in the Y direction (see annotated Fig. 6) is a plane orthogonal to the main plane (see 100 plane in Fig. 6) and the side plane in the X direction (see annotated Fig. 6), and the embodiment of Fig. 11 teaches, the main plane has a rectangular shape (see Fig. 11).
Conclusion
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/VY T NGUYEN/Examiner, Art Unit 3761