CTNF 18/444,796 CTNF 89551 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Status of Prosecution This office action considers claims 1-8, in Claims - 02/19/2024, pending for prosecution and are examined on their merits. Claim Rejections - 35 USC § 102 07-07-aia AIA 07-07 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 – 07-08-aia AIA (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. Notes : when present, semicolon separated fields within the parenthesis (; ;) represent, for example, as ( 608 ; Fig 6F; [0071] or C 18, L 18-37)= (element 608 ; Figure No. 6F; Paragraph No. [0071]) or Column No 18, Line Nos. 18-17. For brevity, the texts “Element”, “Figure No.” and “Paragraph No.” or “Column No, Line Nos" shall be excluded, though; additional clarification notes may be added within each field. The number of fields may be fewer or more than three indicated above. These conventions are used throughout this document. 07-15 AIA Claim s 1-3 and 8 are rejected under 35 U.S.C. 102 ( a) (1 ) as being anticipated by Kawashima; Takeshi et al. (US 20110039364 A1) hereinafter Kawashima . Regarding Claim 1. Kawashima teaches a method for manufacturing a photonic crystal, ( 608 ; Fig 6F; [0071]), comprising ( See the entire document; Figs 6A- 6F, 7A-7B along with other figures and relevant disclosures, specifically [0071+]; and as cited below ): PNG media_image1.png 270 824 media_image1.png Greyscale Kawashima Figure 6A Figure 6F forming a first layer ( 606 of p-GaN material ; Fig 6A; [0073]); forming a first hole ( 102a; Fig 6C; [0073-0074]; first cited with diameter 250 nm (0056]; and depicted in Fig 1C; [0043]) and a second hole ( 102b, with diameter 60 nm and depth 230 nm ; Fig 6D; [0074]; first cited in Fig 1D; [0046]) at the first layer ( 606 ); crystal-growing ([0074-0075]) a second layer ( 608 ; Fig 6E; [0074]) at the first hole ( 102a ) and the second hole ( 102b ), to form, at the first hole, a first low refractive index portion (re maining voids/hole of 102a observed in fig 7a of diameter 90 nm ; [0076]) having a refractive index lower ( because of presence of voids/hole; see also [0005]) than that of the first layer (of p_GaN), and form, at the second hole ( 102c ), a second low refractive index portion ( remaining voids/hole of 102b i.e., 102c. in fig 7a of diameter 60 nm ; [0058]: the second hole 102b having a diameter of 60 nm and a depth of 230 nm; Fig 6D; [0074]), , the group III raw material hardly reaches the bottom of the second hole 102b. As a result, the shape of the second hole 102b does not change significantly [0056 ]) having a refractive index lower ( because of voids/holes ) than that of the first layer (of pGaN), wherein during formation of the first hole ( 102a ) and the second hole( 102b ), the first hole ( 102a ) and the second hole ( 102b/102c ) are formed such that a diameter of the first hole ( 102a; of diameter 250 nm; [0056] ) is greater than a diameter of the second hole ( 102b ; of dimeter 60 nm [0074]), and during formation of the first low refractive index portion ( remaining void/hole , after growing of GaN, inside 102a ) inside and the second low refractive index portion ( remaining void/hole 102c , after little growing of GaN, inside 102b ), the second layer is crystal-grown ( 608 ; Fig 6E; [0074]) such that a difference (180 nm) between the diameter of the first hole (250 nm [0056]) and a diameter of the first low refractive index portion (90nm; [0076]) is greater ( 180nm > than almost zero ) than a difference ( almost zero ) between the diameter of the second hole (60 nm) and a diameter of the second low refractive index portion ( about 60 nm ). Regarding Claim 2. Kawashima as applied to the method for manufacturing the photonic crystal according to claim 1, further teaches, wherein the refractive index of the first layer (606 of GaN) and a refractive index of the second layer (608 of GaN+ hole/voids) are different ( because of voids ) from each other. Regarding Claim 3. Kawashima as applied to the method for manufacturing the photonic crystal according to claim 1, further teaches, wherein the second layer is crystal-grown by an MOCVD method ([0072-0073]). Regarding Claim 8. Kawashima teaches a method for manufacturing a light-emitting device (laser; [0075]) comprising Kawashima’s method for manufacturing for the photonic crystal according to claim 1 . Claim Rejections - 35 USC § 103 07-20-aia AIA 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. 07-21-aia AIA Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Kawashima; Takeshi et al. (US 20110039364 A1) hereinafter Kawashima ; Regarding Claim 4. Kawashima as applied to the method for manufacturing the photonic crystal according to claim 3, further disclose, wherein a growth temperature of the second layer is from 550°C to 650°C, (about 500 °C ([0061]) to 900 °C ([0074]). i.e, some of Kawashima’s value encompasses claim range; in the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. See MPEP 2144.05, I. Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filling date of the invention. to enable using “about 500 °C ([0061]) to 900 °C ([0074]) ” , as disclosed in prior art, to arrive at the recited limitation . 07-21-aia AIA Claim s 5-7 are rejected under 35 U.S.C. 103 as being unpatentable over Kawashima; Takeshi et al. (US 20110039364 A1) hereinafter Kawashima ; in view of KOMADA; Satosh (US 20130089973 A1) hereinafter Komada Regarding Claim 5. Kawashima as applied to the method for manufacturing the photonic crystal according to claim 4, further disclose, wherein the second layer (608 of GaN; Fig 6E; [0074]) is a group III-V semiconductor layer (since GaN iw III-V) , and But, Kawashima does not expressly disclose “in the crystal growth of the second layer, a ratio of a flow rate of a second gas for supplying a group V element to a flow rate of a first gas for supplying a group III element is from 10 to 30”. However, in the analogous art, the dislocation density in upper surface 8a of third nitride semiconductor layer 8 formed on second nitride semiconductor layer 7 having inclined facets 7b can be reduced teaches he present invention relates to methods of manufacturing a nitride semiconductor device ([0003]), wherein [[0055] in the step of forming second nitride semiconductor layer 7 by MOCVD, a molar flow ratio of a group III element gas to a group V element gas that are supplied to a growth chamber of an MOCVD growth apparatus ((a molar flow rate of the group V element gas supplied to the growth chamber of the MOCVD growth apparatus)/(a molar flow rate of the group III element gas supplied to the growth chamber of the MOCVD growth apparatus)) is set at 240 or less. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the invention, to adapt Komada process step for Kawashima’s method, and the combination of ( Kawashima and Komada )’s method comprises step, “in the crystal growth of the second layer, a ratio of a flow rate of a second gas for supplying a group V element to a flow rate of a first gas for supplying a group III element is less than 24o i.e. from 10 to 30, since through this modification, the dislocation density in upper surface of nitride semiconductor layer formed on second nitride semiconductor layer can be reduced ( Komada [0055]). While, the combination of ( Kawashima and Komada )’s does not explicitly teaches the ratio of a flow rate of V/III elements is from 10 to 30, some of its value fall within the claimed range, in the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. See MPEP 2144.05, I. Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filling date of the invention, to enable using “the ratio of a flow rate of V/III elements is being less than 240, as disclosed in prior art, to arrive at the recited limitation. Regarding Claim 6. the combination of ( Kawashima and Komada ) as applied to the method for manufacturing the photonic crystal according to claim 5, further disclose, wherein the first low refractive index portion and the second low refractive index portion are void ( because of presence of voids/hole; see also [0005]). Regarding Claim 7. the combination of ( Kawashima and Komada ) as applied to the method for manufacturing the photonic crystal according to claim 6, further disclose, wherein in the crystal growth of the second layer (608), an upside of the first hole and the second hole is closed by the second layer (Gig 6E), so that the first gas and the second gas are no more supplied to the first hole and the second hole, and thus the void is formed ( construed from [0074]: In this step, the first hole 102a is closed by the p-GaN 606 by mass-transport, the upper portion of the second hole 102b is closed by 20 nm, and the third hole 102c is formed. The two-dimensional photonic crystal 608 which is configured by the third hole 102c and the p-GaN 606 is formed inside the p-GaN 606 layer (FIG. 6E), and the upside of the first hole is closed later than the upside of the second hole ( because of narrower second hole 102b , upper side closes earlier than first hole 102a ) . Conclusion 07-96 AIA The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See form PTO-892 . Yoshimoto; Susumui et al. (US 20070280318 A1) discloses . a method for manufacturing a photonic crystal, ( 100 ; Figs 1A-1B; [0033]), comprising ( See the entire document; Figs 26-29 over figs 20-22 along with other figures and relevant disclosures, specifically [0198+]; as cited below ) PNG media_image2.png 202 557 media_image2.png Greyscale Yoshimoto Figure 25 Figure 28 forming a first layer (7/ 2a ; Figs 26/20; [0199]) ; forming a first hole ( 2e, first from left ; Fig 26; [199]) and a second hole ( 2e, first from right ; Fig 26; [199])) at the first layer ( 7) ; crystal-growing ([0200]) a second layer (2e/2b) at the first hole and the second hole, to form, at the first hole, a first low refractive index portion having a refractive index lower than that of the first layer, and form, at the second hole, a second low refractive index portion having a refractive index lower than that of the first layer, wherein during formation of the first hole and the second hole, the first hole and the second hole are formed such that a diameter of the first hole is greater than a diameter of the second hole ([0047] as shown in FIG. 1C, the second hole 102b which is narrower than the first hole 102a is formed . [0050]: he diameter and the depth of the first hole 102a is formed to be larger than designed by about 10% or 20%, whereby the diameter and the depth of the second hole 102b can be controlled by the time of the heat-treatment, the heat-treatment temperature and the supply amount of the group III raw material in the third step. ), and Any inquiry concerning this communication or earlier communications from the examiner should be directed to MOAZZAM HOSSAIN whose telephone number is (571)270-7960. The examiner can normally be reached on M-F: 8:30AM - 6:00 PM. EST. Examiner interviews are available via telephone, in-person, and video The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See form PTO-892. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Moazzam Hossain whose telephone number is (571)270-7960. The examiner can normally be reached on Mon to Thursday 8.30 A.M -5.00 P.M. EST. 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, Julio J. Maldonado can be reached on 571-272-1864 . The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR to register user only. For more information about the PAIR system, see http://pair-direct.uspto.gov. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent- center for more information about Patent Center, and https://www.uspto.gov/patents/docx for information about filing in DOCX format. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /MOAZZAM HOSSAIN/Primary Examiner, Art Unit 2898 May 31, 2026 Application/Control Number: 18/444,796 Page 2 Art Unit: 2898 Application/Control Number: 18/444,796 Page 3 Art Unit: 2898 Application/Control Number: 18/444,796 Page 4 Art Unit: 2898 Application/Control Number: 18/444,796 Page 5 Art Unit: 2898 Application/Control Number: 18/444,796 Page 6 Art Unit: 2898 Application/Control Number: 18/444,796 Page 7 Art Unit: 2898 Application/Control Number: 18/444,796 Page 8 Art Unit: 2898 Application/Control Number: 18/444,796 Page 9 Art Unit: 2898 Application/Control Number: 18/444,796 Page 10 Art Unit: 2898 Application/Control Number: 18/444,796 Page 11 Art Unit: 2898
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