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 .
Currently, claims 1-20 are pending.
DETAILED ACTION
Claim Rejections - 35 USC § 102
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 (i.e., changing from AIA to pre-AIA ) 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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-3, 7 and 11-13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Na et al. (Pub. No. US 2019/0103727 A1, herein Na).
Regarding claim 1, Na discloses a method comprising: providing a sequence of semiconductor layers and processing the sequence of semiconductor layers to form an upper reflector 190/125 disposed over an active layer 133 (Na: Fig. 14 and paragraphs [0111]-[0118]), the active layer being disposed over a lower reflector 120 (Na: Fig. 14 and paragraphs [0113]), and the lower reflector layer being disposed over a substrate 110 (Na: Fig. 14 and paragraph [0070]), wherein the semiconductor layers in which the upper reflector is formed include one or more outer semiconductor layers; and forming an optical metastructure MR/NS in the one or more outer semiconductor layers (Na: Fig. 14 and paragraphs [0112]-[0118]).
Regarding claim 2, Na discloses the method of claim 1 wherein the metastructure is operable to provide a beam shaping function (Na: Fig. 14 and paragraphs [0017]-[0018], [0065]-[0067], [0102]-[0104]).
Regarding claim 3, Na discloses the method of claim 2 wherein the metastructure is further operable as a partially transmissive optical reflector (Na: Fig. 14 and paragraphs [0017]-[0018], [0065]-[0067], [0102]-[0104]).
Regarding claim 7, Na discloses the method of claim 4 further including: selectively etching the hardmask layer to expose first portions of the one or more outer semiconductor layers; and selectively etching the exposed first portions of the one or more outer semiconductor layers to form trenches therein (Na: Fig. 14 and paragraphs [0066]-[0070]).
Regarding claim 11, Na discloses the method of claim 1 including etching portions of the sequence of semiconductor layers that form the lower reflector, the active layer, and the upper reflector to form a mesa structure (Na: Fig. 14 and paragraphs [0112]-[0118]).
Regarding claims 12-13, Na discloses the method of claim 11 wherein the metastructure is formed prior to forming the mesa structure, or the metastructure is formed after forming the mesa structure (Na: Fig. 14 and paragraphs [0066]-[0070]).
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.
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 4-6, 10, 14-16 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Na in view of Gao et al. (Pub. No. US 2014/0087016 A1, herein Gao).
Regarding claims 4 and 14, Na is silent about the patterning details the MR/NS features.
However, Gao teaches providing a hardmask layer 206a on the one or more outer semiconductor layers 202-204; depositing a resist layer 350 on the hardmask layer; pressing a surface of a tool 410 into the resist layer, wherein the surface of the tool includes features that are imprinted into the resist layer; and releasing the tool from the resist layer (Gao: Figs. 4E-4J and paragraphs [0031]-[0034]) to enable both high resolution lithography and robust etch transfer.
Therefore, given the teachings of Na, a person having ordinary skill in the art before the effective filing date of the claimed invention would have readily recognized the desirability and advantages of modifying Na in view of Gao by employing the resist layer over the hard mask layer and pressing the tool into the resist.
Regarding claims 5 and 15, Na in view of Gao teaches the method of claim 4 further including: after releasing the tool form the resist layer, removing portions of a residual resist layer that is on the hardmask layer, so as to expose first portions of the hardmask layer (Gao: Figs. 4E-4J and paragraphs [0031]-[0034]).
Regarding claims 6 and 16, Gao discloses fluorine-containing plasma as a removal method (Gao: paragraph [0030]). The use of a directional oxygen plasma absent any criticality, is only considered to be the use of a “preferred” or “optimum” material out of a plurality of well-known materials that a person having ordinary skill in the art at the time the invention was made would have find obvious to provide using routine experimentation based, among other things, on the intended use of Applicant’s apparatus, i.e., suitability for the intended use of Applicant’s apparatus. See In re Leshin, 125 USPQ 416 (CCPA 1960).
Regarding claims 10 and 20, Na in view of Gao teaches the method of claim 4 wherein the hardmask material is composed of a material selected from a group consisting of one or more of: chrome, titanium, aluminum, silicon nitride and silicon dioxide (Gao: paragraphs [0027]-[0031]).
Allowable Subject Matter
Claims 8-9 and 18-19 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:
With respect to claims 8 and 18, the prior art of record alone or in combination do not teach or fairly suggest, in combination with other elements of the claims, further including: after selectively etching the hardmask layer and selectively etching the exposed first portions of the one or more outer semiconductor layers, removing remaining portions of the resist layer and the hardmask layer so as to expose second portions of the one or more outer semiconductor layers, wherein the second portions of the one or more outer semiconductor layers define optical meta-atoms of the metastructure.
With respect to claims 9 and 19, the prior art of record alone or in combination do not teach or fairly suggest, in combination with other elements of the claims, wherein selectively etching the exposed first portions of the outer semiconductor film includes using an inductively coupled plasma, wherein remaining portions of the resist layer and the hardmask serve as a mask while etching the outer semiconductor film.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MALIHEH MALEK whose telephone number is (571)270-1874. The examiner can normally be reached M/T/W/R/F, 8:30-5.
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January 5, 2026
/MALIHEH MALEK/Primary Examiner, Art Unit 2813