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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the photoelectric detector of claims 10, 14-16 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 10,14-16 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.
As to claims 10,14-16: it is unclear what the term Application is meant to mean since applicant has not provided what is explicitly meant by application. Applicant in paragraph 26 states: A detector prepared by using the chip for VLC can realize an on-chip optical interconnect structure. Further the term Application means ( per Merriam webster dictionary):
an act of putting something to use
a use to which something is put
an act of administering or laying one thing on another
assiduous attention
request, petition
a form used in making a request
a program (such as a word processor or a spreadsheet) that performs a particular task or set of tasks
the practical conclusion or lesson to be derived from a speech or writing (such as a moral tale)
a medicated or protective layer or material
capacity for practical use
Section I Application implies some use
Reasonably on a and b could be use in the context of the specification therefore the examiner interprets application as “use.”
However, applicant has not set forth any steps in the use as Per MPEP 2173.05(q):
Attempts to claim a process without setting forth any steps involved in the process generally raises an issue of indefiniteness under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph. For example, a claim which read: "[a] process for using monoclonal antibodies of claim 4 to isolate and purify human fibroblast interferon" was held to be indefinite because it merely recites a use without any active, positive steps delimiting how this use is actually practiced. Ex parte Erlich, 3 USPQ2d 1011 (Bd. Pat. App. & Inter. 1986).
"Use" claims that do not purport to claim a process, machine, manufacture, or composition of matter fail to comply with 35 U.S.C. 101. In re Moreton, 288 F.2d 708, 709, 129 USPQ 227, 228 (CCPA 1961)("one cannot claim a new use per se, because it is not among the categories of patentable inventions specified in 35 U.S.C. § 101 "). In Ex parte Dunki, 153 USPQ 678 (Bd. App. 1967), the Board held the following claim to be an improper definition of a process: "The use of a high carbon austenitic iron alloy having a proportion of free carbon as a vehicle brake part subject to stress by sliding friction." In Clinical Products Ltd. v. Brenner, 255 F. Supp. 131, 149 USPQ 475 (D.D.C. 1966), the district court held the following claim was definite, but that it was not a proper process claim under 35 U.S.C. 101: "The use of a sustained release therapeutic agent in the body of ephedrine absorbed upon polystyrene sulfonic acid."
Although a claim should be interpreted in light of the specification disclosure, it is generally considered improper to read limitations contained in the specification into the claims. See In re Prater, 415 F.2d 1393, 162 USPQ 541 (CCPA 1969) and In re Winkhaus, 527 F.2d 637, 188 USPQ 129 (CCPA 1975), which discuss the premise that one cannot rely on the specification to impart limitations to the claim that are not recited in the claim.
As such the metes and bounds of claims 10, 14-16 cannot be determined if applicant is claiming a use since it not clear what steps would be included or excluded from the application or use.
Section II Considering Application to mean a device comprising
Further even, if applicant mean a photoelectric detector comprising the chip it is unclear what constitutes a photoelectric detector beyond the elements of claim 1. The specification gives no guidance as to what a photoelectric detector would further include to make it a photoelectric detector.
Claims 5-13 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.
a. As to claim 5 there are already multiple a buffer an intrinsic GaN a first GaN layer recited in claim 1. Thus, if applicant is referring to the device of claim 1 there is an antecedent basis issue since it is unclear if the buffer in claim 5 is the buffer of claim 1 or a different buffer. Likewise, each of the other elements are unclear is the intrinsic GaN the same or different…
Further recitation of to obtain the photoelectric detector chip lacks antecedent basis there is a chip for VLC but no recitation of photoelectric detector chip.
b. As to claim 6, recites wherein the etching comprises at least one of photoresist spin-coating, exposure and development, and inductively coupled plasma dry etching.
It is unclear if only one of the steps are required or all the steps.
Further Applicant does not set forth what the photo resist is spun on or what is exposed and developed or what is inductively coped plasma etched
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 10-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Takahira (JP 2000188424) in view of Wang (CN108281495).
As to claim 1, Takahira teaches A chip for visible-light communication (VLC), comprising: a substrate (figure 2 items 11), a buffer layer (a portion of item 12), an GaN layer (a top portion of 12) it is also noted 16 could be treated as the layer 16 is intrinsic (since it is insulating and not semi-insulating) layer 16 is not GaN:
Although the layers are stacked in the order of the GaN layer, the layers may be stacked in the order of the p-type GaN layer, the InGaN layer serving as the light absorbing layer, and the n-type GaN layer. In this embodiment, AlN is used as the buffer layer. However, a buffer of AlGaN or GaN can be used.
Takahira states:
Although the layers are stacked in the order of the N layer, the layers may be stacked in the order of the p-type GaN layer, the InGaN layer serving as the light absorbing layer, and the n-type GaN layer. In this embodiment, AlN is used as the buffer layer. However, a buffer of AlGaN or GaN can be used. ….
n layers 13a, 13b, 13c, 13d, 13e, light absorbing layers 14a, 14b, 14c, 14d, 14e, p layers 15a, 15b, 15c, 15d, 15e is 4 μm Si-doped GaN, 0.1 μm
m, non-doped InGaN, and 0.30 μm, Mg-doped GaN
a first GaN layer (item 13b or 13d), an i-InxGai-xN functional layer (item 14b or 14d) , a second GaN layer (15b or 15d), an i-InyGai-yN functional layer (14c or 14e), a third GaN layer (13c or 13e), and a top electrode that are stacked sequentially (items17), wherein O<=x< 1, and O<=y<=1; the second GaN layer, the i-InyGai-yN functional layer, a bottom electrode is arranged in an upper portion of the first GaN layer (figure 2); the first GaN layer is an n-GaN or a p-GaN layer: (n-type) when the first GaN layer is an n-GaN layer, the second GaN layer is a p-GaN layer (p-type), and the third GaN layer is an n-GaN layer (n-type);
Wherein the top of layer 12 is the GaN stacked on the buffer
Takahira does not teach that the lowermost GaN layer is intrinsic however there are only three possible doping for layer 12 it could be n-type it could intrinsic or it could p-type.
Applicant has shown no unexpected results for the GaN to be intrinsic.
Therefore, it would have been obvious to one of ordinary skill in the art at the filing to try forming the GaN as intrinsic. Thus, based on the device performance and improve crystal orientation it would have been obvious to one of ordinary skill in the art to form layer 12 as intrinsic.
Wherein layer 16 is the layer stacked on the buffer.
Layer 16 would be intrinsic but it is not taught a GaN Takahira teaches
According to a third aspect of the present invention, in the multi-wavelength light receiving element according to the first aspect, Al .sub.y Ga .sub.1 -yN (including y = 1) is used as the insulating layer. is there. Al .sub.y Ga .sub.1-y N (including y = 1) has a thermal conductivity of 2.
Thus, it would have been obvious to one of ordinary skill in the art at the time of filing to optimize the material to be GaN for the desired lattice matching while still providing insulating and high thermal conductivity as suggest by Takahira.
Takahira does not teach does not teach sidewalls of the i-InxGai-xN functional layer the third GaN layer are each provided with a SiO2 isolation layer (the interpretation is that the SiO2 is on one of the sidewalls of each layer or sidewalls including a sidewall of each of the recited layers based on the figures ) or , and the SiO2 isolation layer on the sidewall of the i-InxGai-xN functional layer is located between the bottom electrode and the i-InxGai-xN functional layer
Wang teaches a multijunction photo detector including PINIP embodiments (see e.g. figure 1) and Wang states:
In view of the above technical problem, the present invention is directed to CO2 gas in the two infrared waveband absorption characteristic peak of 2.7 μ m and 4.27 μ m, carefully designed a GaSb-based back-to-back (two PINIP) four-band infrared detector having a four absorption region, can realize spectrum of four wave superposition and signal difference so as to realize the infrared detection of four bands, and using different wave signal reflected by the measured target spectrum characteristic of the target detection. two differential back to structure back can well realize the measuring of two absorption peak of CO2.
Wang further deposits a SiO2 protective layer on all the sidewalls of the active layers n and p layers (item 15 figure 1):
evaporating SiO2 protection on the preparation table structure based, and photo-etching the SiO2 layer formed through the light hole and the ohm electrode contact window.
depositing a metal electrode contact layer on the bottom, middle, top, and then peeling off the metal except the P-type electrode.
…
...SiO2 passivation and plating the metal into the apparatus, device through difference of two bands can realize calibration of two absorption peaks of CO2.
…
then the good corrosion of the mesa structure by using magnetic control sputtering depositing a layer 200 nm of SiO2, SiO2 of the passivation of the surface can effectively reduce the dangling bonds on the surface side so as to reduce dark current.
Thus, it would have been obvious to one of ordinary skill in the art at the time of filing to form a SiO2 plating mask/passivating films on the sidewalls including a sidewall of each of the i-InxGai-xN functional layer the third GaN layer are each provided with a SiO2 isolation, and the SiO2 isolation layer on the sidewall of the i-InxGai-xN functional layer is located between the bottom electrode and the i-InxGai-xN functional layer.
In order to passivate the device and reduce dangling bonds and to use the SiO2 as plating mase for het electrode formation as suggest by Wang.
b. As to claim 2, Takahira teaches that for bottom detectors the y<x. However top detectors were known. For a top detector on would reverse the concentration and have y>x to prevent the short wavelength from being absorbed at the same level as the long wavelength. So, one can have full color detection.
c. As to claim 3 Takahira teach 300 nm or .3 microns.
Applicant has shown no unexpected results for the thickness. Further 150 nm 200 nm InGaN layers.
Too thing quantum well provide Decreasing QW thickness can lead to a decline in internal quantum efficiency (IQE) and radiative efficiency, especially at low current densities, and a reduction in the bandwidth. This can be due to increased nonradiative recombination and a reduced overlap of electron and hole wavefunctions.
While too thick:
Thicker QWs can result in a higher density of defects, potentially introduced during growth, and reduced overlap of electron and hole wavefunctions due to the enhanced polarization-induced electric field. This can lead to a decrease in both IQE and radiative efficiency.
Thus, it would have been obvious to one of ordinary skill in the art at the time of filing to provide the InGaN layer at 150 to 200 nm in thickness of optimization of defects vs recombination.
Thus, it would have been obvious to one of ordinary skill in the art at the time of filing to have provided a top detector where y>x in order to allow full color detection of the photodetector.
d. As to claim 4, Takahira teaches InxGa1-xN.
e. As to claims 10, 14-16, Takahira teaches applying the photodetector in photo detecting circuits to detect multiples wavelengths (figures 4 and 5). Thus, there is a use the photo detection process and further structure the circuit required to detect the response from the chip
f. As to claim 5, Takahira in view of Wang as described in claim teaches a method for preparing the chip for VLC , comprising the following steps: sequentially growing on the substrate (figure 2 items 11 Takahira), the buffer layer (a portion of item 12), the GaN layer (a top portion of 12) it is also noted 16 could be treated as the layer 16 is intrinsic (since it is insulating and not semi-insulating) layer 16 is not GaN:
Although the layers are stacked in the order of the GaN layer, the layers may be stacked in the order of the p-type GaN layer, the InGaN layer serving as the light absorbing layer, and the n-type GaN layer. In this embodiment, AlN is used as the buffer layer. However, a buffer of AlGaN or GaN can be used.
Takahira states:
Although the layers are stacked in the order of the N layer, the layers may be stacked in the order of the p-type GaN layer, the InGaN layer serving as the light absorbing layer, and the n-type GaN layer. In this embodiment, AlN is used as the buffer layer. However, a buffer of AlGaN or GaN can be used. ….
n layers 13a, 13b, 13c, 13d, 13e, light absorbing layers 14a, 14b, 14c, 14d, 14e, p layers 15a, 15b, 15c, 15d, 15e is 4 μm Si-doped GaN, 0.1 μm
m, non-doped InGaN, and 0.30 μm, Mg-doped GaN
the first GaN layer (item 13b or 13d), the i-InxGai-xN functional layer (item 14b or 14d) , the second GaN layer (15b or 15d), the i-InyGai-yN functional layer (14c or 14e), the third GaN layer (13c or 13e), and the top electrode that are stacked sequentially (items17), wherein O<=x< 1, and O<=y<=1; the second GaN layer, the i-InyGai-yN functional layer,
etching the i-InxGai-xN functional layer, the second GaN layer, the i-InyGai-yN functional layer, and the third GaN layer at one side of the chip to form an etched region; Thereafter, a mask is formed by a known process technique, and the n-layers 13a and 13a are formed by a known etching technique.
3b, 13c, 13d and 13e are exposed, and the n-layer 13 is exposed.
An n-type electrode 17 made of a Ti-Al alloy was formed on a, 13b, 13c, 13d, and 13e. Also, the p layers 15a, 15b (15c), 15
p-type electrode 1 made of Au-Ni alloy on d (15e)
7 was formed.
Wang also teaches a mesa etching then depositing the SiO2:
...the second mesa etching to the middle P-type electrode contact layer.
evaporating SiO2 protection on the preparation table structure based, and photo-etching the SiO2 layer formed through the light hole and the ohm electrode contact window.
Thus, As per claim 1 Takahira in view of Wang would suggest the additional element of claim 5 in addition depositing the SiO2 isolation layer in the etched region since Wang teaches depositing the SiO2 after the mesa etch.
g. As to claim 6, Takahira does not explicitly teach herein the etching comprises: a photoresist spin-coating the unetched layered structure, exposure and development of the photoresist, and the etching inductively coupled plasma dry etching.
However, Takahira teach using conventional masking and etching and forming mesas for semiconductor structure were known to have the steps of a photoresist spin-coating the unetched layered structure, exposure and development of the photoresist, and the etching inductively coupled plasma dry etching.
Thus, it would have been obvious to one of ordinary skill in the art at the time of filing to use the conventional techniques of etching to form the mesas of Takahira including the steps a photoresist spin-coating the unetched layered structure, exposure and development of the photoresist, and the etching inductively coupled plasma dry etching.
To allow for conventional processing devices to be used allowing production using existing facilities at the time of filing.
h. As to claim 7 Wang teaches :
then the good corrosion of the mesa structure by using magnetic control sputtering depositing a layer 200 nm of SiO2.
i. As to claim 11, Takahira teaches that for bottom detectors the y<x, however top detectors were known. For a top detector on would reverse the concentration and have y>x to prevent the short wavelength from being absorbed at the same level as the long wavelength. So, one can have full color detection.
j. As to claim 12, Takahira teach 300 nm or .3 microns.
Applicant has shown no unexpected results for the thickness. Further 150 nm 200 nm InGaN layers.
Too thing quantum well provide Decreasing QW thickness can lead to a decline in internal quantum efficiency (IQE) and radiative efficiency, especially at low current densities, and a reduction in the bandwidth. This can be due to increased nonradiative recombination and a reduced overlap of electron and hole wavefunctions.
While too thick:
Thicker QWs can result in a higher density of defects, potentially introduced during growth, and reduced overlap of electron and hole wavefunctions due to the enhanced polarization-induced electric field. This can lead to a decrease in both IQE and radiative efficiency.
Thus, it would have been obvious to one of ordinary skill in the art at the time of filing to provide the InGaN layer at 150 to 200 nm in thickness of optimization of defects vs recombination.
Thus, it would have been obvious to one of ordinary skill in the art at the time of filing to have provided a top detector where y>x in order to allow full color detection of the photodetector.
k. As to claim 13, Takahira teaches InxGa1-xN.
Claim(s) 8 and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Takahira in view of Wang in further view of Li Ohmic Contact Characteristic of Ti/Al/Ni/Au on AlGaN
a. As to claim 8-9, Takahira does not explicitly teach both electrodes are Ti/Al/Ni/Au.
However, Li teaches: The ohmic contact formed by the Ti/Al/Ni/Au metal system on the n-AlGaN material was studied by using the dot-point transmission line model (CTLM) to optimize the thickness of the Ti metal layer and the annealing conditions. The results show that the thickness of Ti/AI/Ni/Au gold is 40, 150, 40 and 50 nm (.28 microns or 280nms), respectively, and the annealing condition is high purity N2 atmosphere at 850°C and 30s to obtain good ohmic contact on AlGaN material, and its specific contact resistivity is 2.04×10-4Ω·cm2.
Thus, it would have been obvious to one of ordinary skill in the art at the time of filing to provide both electrodes as Ti/Al/Ni/Au to allow for ohmic contacts reducing resistance between the electrode and semiconductor.
Thus, it would have been obvious to provide ohmic Ti/Al/Ni/Au 40, 150, 40 and 50 nm (.28 microns 280 nm) by anneal them in a N2 atmosphere at 850 C for 30s to reduce the resistance in the device and improve device performance.
Conclusion
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/MATTHEW L. REAMES/
Primary Examiner
Art Unit 2896