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 .
Election/Restrictions
Applicant’s election of Group II, claims 22-29, in the reply filed on 18 May 2026 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Claims 16-21 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 18 May 2026.
The requirement for an election of species is hereby withdrawn.
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.
Claims 23-26 and 28 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
Claim 23 is indefinite because it is unclear whether the intermediate layer referred to in the claim is the same as or different than the intermediate layer of claim 22.
Claim 24 is indefinite because it unclear whether the intermediate layers referred to in the claim is the same as or different than the intermediate layer(s) of claim 22.
Claim 25 depends from claim 22 and refers to “one of the semiconductor layers.” The use of “one of” implies that the claim requires the presence of two or more semiconductor layers. In contrast, claim 22 allows for “at least one semiconductor layer.” Therefore, claim 25 is indefinite as to whether the claim requires a plurality of semiconductor layers, or requires only a single semiconductor layer that is directly adjacent the substrate.
Similarly, claim 26 depends from claim 22 and refers to “one of the intermediate layers.” The use of “one of” implies that the claim requires the presence of two or more intermediate layers. In contrast, claim 22 allows for “at least intermediate layer.” Therefore, claim 26 is indefinite as to whether the claim requires a plurality of intermediate layers, or requires only a single intermediate layer that is directly adjacent the substrate.
The use of the term “monolayers” in Claim 28 is indefinite. In context, a layer of between 1 and 100 monolayers could refer to single intermediate layer in which the single intermediate layer has a thickness of between 1 to 100 layers of atoms. The limitation may also refer to between 1 and 100 intermediate layers in the article. Lastly, the term “monolayer” implies to one of ordinary skill in the art a thickness limitation of one to a few layers of atoms. For purposes of examination, the limitation will be interpreted to mean 1 and 100 intermediate layers in the article.
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 22-29 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Jorgenson (US 2014/0008660 A1)(Jorgenson) as evidenced by Springer, Substance Profile, Hafnium Nitride, https://materials.springer.com/substance/893544/hafnium_nitride visited 15 June 2026.1
As to claims 21-23, Jorgenson discloses structures for use in electrical and optical devices. See the title. The substrate/layer structure is such that additional layers can be grown on the layer structure. See Figures 3-14D. Therefore, the layer structure is deemed to be a “growth substrate.”
Jorgenson discloses alternating layers of HfN (i.e., an intermediate layer of a nitride of hafnium) and GaN (i.e., III-IV compound semiconducting layer). See Figures 1A to 1C and paragraphs [0100]-[0105]. GaN is a semiconductor. See paragraph [0023].
HfN has a melting point of 3310°C (See Springer), and is therefore presumed to be “stable at a temperature of greater than or equal to 1400°C” (claim 22) or “greater than or equal to 1600°C” (claim 29).
In the alternative, Jorgansen discloses an embodiment in which the top-most layer (114)(i.e., cover layer) is HfN. See Figure 1B. The HfN layer “comprises … hafnium” as recited in claim 22.
As to claim 24, the alternating GaN/HfN layer structure may be repeated up to 20 times. See paragraph [0101].
As to claims 25 and 26, Jorgenson teaches either the GaN (i.e., semiconducting layer) or the HfN (intermediate layer) may be adjacent the substrate. See Figures 1B and 1C.
As to claim 27, Jorgenson teaches the thickness of the III-nitride layer (i.e., GaN) layer is approximately 90 nm. See paragraph [0102].
As to claim 28, Jorgenson teaches the alternating structure should be repeated a plurality of times up to 20 times. See paragraph [0101]. In other words, there should be 2 to 20 HfN layers (i.e., monolayers). This range is sufficiently specific to anticipate the range recited in claim 28. See MPEP 2131.03.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 20180219106 A1 teaches alternating layers of SiN and GaN. See paragraph [0067]. US 20170345642 A1 teaches alternating layers of HfN and Hf doped GaN. See paragraph [0128].
Any inquiry concerning this communication or earlier communications from the examiner should be directed to David Sample whose telephone number is (571)272-1376. The examiner can normally be reached Monday to Friday 7AM to 3:30 PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Humera Sheikh can be reached at (571)272-0604. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/David Sample/Primary Examiner, Art Unit 1784
1 A reference need not be available as prior art to show a universal fact. See MPEP 2124.
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