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 without traverse of Species B, claims 1-8 in the reply filed on 07/20/26 is acknowledged.
Foreign Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. TW112144104, filed on 11/15/2023.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 10/18/2024 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 § 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 (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 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 1 is rejected under U.S.C. 103 as being unpatentable over Hong; US 2019/0214514 A1; 01/2017 in view of Peng et al.; US 2025/0035850 A1; 07/2023 and further in view of Liobe et al.; US 2023/0299223 A1; 03/2022
Claim 1: Hong discloses a photodiode comprising: a substrate having a base lattice constant ( Fig. 18 substrate 310 ); a rectifying layer ( Fig. 18 semiconductor structure 320 ) formed on said substrate ( Fig. 18 #310 ), and including an InGaP layer ( Fig. 18 first conductive semiconductor layer 322 ), an AlGaAs layer ( Fig. 18 second conductive semiconductor layer 326 ), and an InGaAs layer ( Fig. 18 light absorbing layer 324 ) which are sequentially stacked ( as shown in Fig. 18 ) on said substrate ( Fig. 18 #310 ) in that order ( [0222] the amplification layer may contain a semiconductor material having an empirical formula of In.sub.xAl.sub.yGa.sub.1-x-yN (0≤x≤1, 0≤y≤1, 0≤x+y≤1) or may contain any one or more of InAlAs, GaN, InN, AlN, InGaN, AlGaN, InAlGaN, AlInN, AlGaAs, InGaAs, AlInGaAs, GaP, AlGaP, InGaP, AlInGaP, and InP ) in a direction away from said substrate ( as shown in Fig. 18 ).
Hong does not appear to disclose said rectifying layer further including a connecting layer that is made of GaAs, and that is directly formed on one of said InGaP layer and said InGaAs layer; a buffer layer made of GaAs, and stacked on said rectifying layer; a transition layer formed on said buffer layer, and including a plurality of sub-layers, each of said sub-layers having a lattice constant that is greater than said base lattice constant but smaller than a designated lattice constant; an active layer formed on said transition layer, and having said designated lattice constant; and an absorption layer formed on said active layer.
Peng discloses said rectifying layer further including a connecting layer that is made of GaAs ( Fig. 2 contact region 230 ), and that is directly formed on one of said InGaP layer and said InGaAs layer ( Fig. 2 #210; 210 ; [0046] The insulating layer 210 may be formed of one or more dielectric materials, including but not limited to, native oxides of the materials of the waveguide region 206 or the buffer semiconductor region 208, or both, or external dielectric materials such as high-k dielectrics or polymers which can be formed by deposition, oxidation, wafer bonding or other dielectric coating methods ); a buffer layer made of GaAs ( Fig. 2 buffer semiconductor region 208; described in para [0047]), and stacked on said rectifying layer ( as shown in Fig. 2 );
Peng does not appear to disclose a transition layer formed on said buffer layer, and including a plurality of sub-layers, each of said sub-layers having a lattice constant that is greater than said base lattice constant but smaller than a designated lattice constant; an active layer formed on said transition layer, and having said designated lattice constant; and an absorption layer formed on said active layer.
However, Liobe teaches a transition layer ( Fig. 1 transition layer 107 ) formed on said buffer layer ( Figs. 1 absorption layer 105 ), and including a plurality of sub-layers ( Fig. 1 #107a-c ), each of said sub-layers having a lattice constant that is greater than said base lattice constant but smaller than a designated lattice constant ( [0028] Any suitable transition gradient to allow proper bonding/growth lattice mismatch and band discontinuity transition of layers between the absorption layer 105 and a charge control layer 109 (e.g., as disclosed below) is contemplated herein ); an active layer ( Fig. 1 active area 115 ) formed on said transition layer ( Fig. 1 #107 ), and having said designated lattice constant; and an absorption layer ( Fig. 1 absorption layer 105 ) formed on said active layer ( Fig. 1 #115 ).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to utilize the teachings of Liobe with Hong and Peng to implement said rectifying layer further including a connecting layer that is made of GaAs, and that is directly formed on one of said InGaP layer and said InGaAs layer; a buffer layer made of GaAs, and stacked on said rectifying layer; a transition layer formed on said buffer layer, and including a plurality of sub-layers, each of said sub-layers having a lattice constant that is greater than said base lattice constant but smaller than a designated lattice constant; an active layer formed on said transition layer, and having said designated lattice constant; and an absorption layer formed on said active layer because this approach ensures smooth electrical band transitions.
Claim 2 is rejected under U.S.C. 103 as being unpatentable over Hong; US 2019/0214514 A1; 01/2017 in view of Peng et al.; US 2025/0035850 A1; 07/2023 and further in view of Liobe et al.; US 2023/0299223 A1; 03/2022 as it relates to claim 1 above and further in view of Kub et al.; US 2012/0141799 A1; 12/2011
Claim 2: Hong, Peng, and Liobe disclose the photodiode as claimed in claim 1 ( as discussed above).
Neither Hong nor Peng nor Liobe appear to disclose said transition layer is made of InGaAs.
However, Kub teaches said transition layer is made of InGaAs ( [0137] The graphene interface transition layer can also be formed by deposition of one or more material layers such as AlGaN, GaN, AlIN, InGaN, InN, AlN, silicon, germanium, SiGe, silicene, germane, GaAs, InGaAs, InAs, ZnO, BN, InAsP, InP, InAlAs, InAs InGaSb, SiC, GaSb AlP, ZnS, ZrB2, GaP, AlSb, InSb, AlAs, InAsP, InP, CdSe, SnO2:F, ZnO, BN, In.sub.2O.sub.3:Sn, diamond CdTe, CdS, ZnTe, Copper indium gallium selenide, copper zinc tin sulfide, copper zinc tin selenide, ZnS, copper oxide, Al.sub.2O.sub.3, BN, HfO.sub.2, ZrB.sub.2, graphene, fluorinated graphene, doped graphene insulator, silicon nitride, silicon oxide, AlN, MgO, layered combinations of insulating materials, and other insulator materials knows to those skilled in the art ).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to utilize the teachings of Kub with Hong, Peng, and Liobe to implement said transition layer is made of InGaAs because this material balances optical absorption in the NIR with electrical transport properties.
Claim 3 is rejected under U.S.C. 103 as being unpatentable over Hong; US 2019/0214514 A1; 01/2017 in view of Peng et al.; US 2025/0035850 A1; 07/2023 and further in view of Liobe et al.; US 2023/0299223 A1; 03/2022 as it relates to claim 1 above and further in view of Liao et al.; US 2022/0375910 A1; 05/2021
Claim 3: Hong, Peng, and Liobe disclose the photodiode as claimed in claim 1 ( as discussed above ).
Neither Hong nor Peng nor Liobe appear to disclose said transition layer is made of InGaP.
However, Liao teaches said transition layer is made of InGaP ( [0055] The transparent window 350 may be configured as a transition layer between the multijunction stack and the top contact layer 360 and may include, for example, an approximately 800 nm thick to an approximately 1000 nm thick layer of InGaP or AlGaAs ).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to utilize the teachings of Liao with Hong, Peng, and Liobe to implement said transition layer is made of InGaP because this material provides low surface recombination and oxidation resistance, efficient band offsets, and process control advantage.
Claim 4 is rejected under U.S.C. 103 as being unpatentable over Hong; US 2019/0214514 A1; 01/2017 in view of Peng et al.; US 2025/0035850 A1; 07/2023 and further in view of Liobe et al.; US 2023/0299223 A1; 03/2022 and Kub et al.; US 2012/0141799 A1; 12/2011 as it relates to claim 2 above and further in view of Ben-Michael; US 12,074,243 B1; 08/2023
Claim 4: Hong, Peng, Liobe, and Kub disclose the photodiode as claimed in claim 2 ( as discussed above).
Neither Hong nor Peng nor Liobe nor Kub appear to disclose said transition layer has an increase in lattice constant in a direction away from said substrate.
However, Ben-Michael teaches said transition layer has an increase in lattice constant in a direction away from said substrate ( Col. 7 lines 43-47 These transition layers 135 may comprise an intermediate layer of InGaAsP, sometimes called a “grading layer”, typically 250 nm thick, to allow lattice matching between the InGaAs and the InP layers, and also an n-doped InP layer, typically 250 nm thick ).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to utilize the teachings of Ben-Michael with Hong, Peng, Liobe, and Kub to implement said transition layer has an increase in lattice constant in a direction away from said substrate because this approach optimizes photonic performance.
Claim 5 is rejected under U.S.C. 103 as being unpatentable over Hong; US 2019/0214514 A1; 01/2017 in view of Peng et al.; US 2025/0035850 A1; 07/2023 and further in view of Liobe et al.; US 2023/0299223 A1; 03/2022 and Liao et al.; US 2022/0375910 A1; 05/2021 as it relates to claim 3 above and further in view of
Hsiao et al.; US 2022/0285583 A1; 05/2022
Claim 5: Hong, Peng, Liobe, and Liao disclose the photodiode as claimed in claim 3 ( as discussed above ).
Neither Hong nor Peng nor Liobe nor Liao appear to disclose said transition layer has an increase in lattice constant in a direction away from said substrate.
However, Hsiao teaches said transition layer has an increase in lattice constant in a direction away from said substrate ( [0068] It should be noted that, there is a relatively large difference in lattice constant between the InGaP layer (i.e. the aluminum-free layer 201) and the AlGaAs layer (i.e. the current-spreading layer 104), which causes lattice mismatch therebetween. As the relative content of the aluminum in the current-spreading layer 104 (i.e. y of the Al.sub.yGa.sub.1-yAs) is increased, the lattice mismatch may be more obvious, causing the quality of the current-spreading layer 104 to be adversely affected, thereby resulting in high voltage, poor current spreading effect, and low light emitting uniformity ).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to utilize the teachings of Hsiao with Hong, Peng, Liobe, and Liao to implement said transition layer has an increase in lattice constant in a direction away from said substrate because this approach improves performance of the sublayers.
Claim 6 is rejected under U.S.C. 103 as being unpatentable over Hong; US 2019/0214514 A1; 01/2017 in view of Peng et al.; US 2025/0035850 A1; 07/2023 and further in view of Liobe et al.; US 2023/0299223 A1; 03/2022 as it relates to claim 1 above and further in view of You et al.; US 12,733,231 B2; 02/2023
Claim 6: Hong, Peng, and Liobe disclose the photodiode as claimed in claim 1 ( as discussed above ).
Neither Hong nor Peng nor Liobe appear to disclose said substrate is made of n+ type GaAs, and said buffer layer being made of n type GaAs .
However, You teaches said substrate is made of n+ type GaAs ( Col 3 line 67 - Col. 4 line 3 The substrate 10 may include a single crystalline semiconductor material such as, but not limited to Si, Ge, SiGe, GaAs, InSb, GaP, GaSb, InAlAs, InGaAs, GaSbP, GaAsSb and InP. The substrate 10 may include various regions that have been suitably doped with impurities (e.g., p-type or n-type conductivity). ), and said buffer layer being made of n type GaAs ( Col. 4 lines 13 – 17 The buffer layers may be formed from epitaxially grown single crystalline semiconductor materials such as, but not limited to Si, Ge, GeSn, SiGe, GaAs, InSb, GaP, GaSb, InAlAs, InGaAs, GaSbP, GaAsSb, GaN, GaP, and InP ).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to utilize the teachings of You with Hong, Peng, and Liobe to implement said substrate is made of n+ type GaAs, and said buffer layer being made of n type GaAs because this approach minimizes diffusion of dopants into the active region.
Claims 7-8 are rejected under U.S.C. 103 as being unpatentable over Hong; US 2019/0214514 A1; 01/2017 in view of Peng et al.; US 2025/0035850 A1; 07/2023 and further in view of Liobe et al.; US 2023/0299223 A1; 03/2022 as it relates to claim 1 above and further in view of Ishizaki; US 2023/0215976 A1; 06/2021
Claim 7: Hong, Peng, and Liobe disclose the photodiode as claimed in claim 1 ( as discussed above ).
Neither Hong nor Peng nor Liobe appear to disclose further comprising a window layer formed on said absorption layer, and defining a light entry window.
However, Ishizaki teaches further comprising a window layer ( Fig. 5 window layer 4 ) formed on said absorption layer, and defining a light entry window ( as discussed above).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to utilize the teachings of Ishizaki with Hong, Peng, and Liobe to implement further comprising a window layer formed on said absorption layer, and defining a light entry window because this layer protects the junction in the photodiode while allowing light to enter.
Claim 8: Hong, Peng, and Liobe disclose the photodiode as claimed in claim 7 ( as discussed above ).
Neither Hong nor Peng nor Liobe appear to disclose said window layer is made of InGaP.
However, Ishizaki teaches said window layer is made of InGaP ( [0209] the p-InGaP window layer 4 )
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to utilize the teachings of Ishizaki with Hong, Peng, and Liobe to implement said window layer is made of InGaP because this material combines lattice matching, wide bandgap transparency, and favorable band alignment.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KIMBERLY N FREY whose telephone number is (571)272-5068. The examiner can normally be reached Monday - Friday 7:30 am - 5 pm.
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/K.N.F./Examiner, Art Unit 2817
/MARLON T FLETCHER/Supervisory Primary Examiner, Art Unit 2817
