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 .
Status of Claims
Application amendment of claim 1, and submission of new claim 9, in Claims - 08/31/2026, is acknowledged.
However, new independent claim 9 cannot be examined in this phase of prosecution, because Applicant would have been required under 35 U.S.C. 121 to elect a single disclosed species, or a single grouping of patentably indistinct species, for prosecution on the merits to which the claims shall be restricted if no generic claim is finally held to be allowable. Currently, there is no generic claim. In case Applicant claims that the new independent claim is not mutually exclusive, it is suggested the differential features be included in a dependent claim.
As the requirement for restriction is deemed proper, and therefore this is made FINAL. Since applicant has received an restriction requirement earlier for the originally presented invention, this invention has been constructively elected by original presentation for the compact prosecution. Accordingly, newly submitted claim 9 is withdrawn from consideration as being directed to a non-elected invention and becomes an election without traverse. See 37 CFR 1.142(b) and MPEP § 821.03.
In view of the above, this office action considers claims 1-9 pending for prosecution, of which, non-elected claim 9 is withdrawn, and elected claims 1-8 are presented for further prosecution.
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:uu
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 of this title, 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.
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. The primary reference citation, in this case, Kawashima may not be preceded by the inventor tag, wherein the other reference citation. For example Halbritter or Komada, will carry inventor tag.These conventions are used throughout this document.
Claims 1-4 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Kawashima; Takeshi et al. (US 20110039364 A1) hereinafter represented as Kawashima, in view of HALBRITTER; Hubert et al. (US 20250047066 A1) hereinafter represented as Halbritter.
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):
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]).
But, Kawashima does not expressly disclose
a second hole at the first layer by etching the first layer;
However, in the analogous art, Halbritter teaches a method of manufacturing a surface-emitting semiconductor laser is ([0001), wherein (in Figs 10-12; [0074]) trough etching process two hole simultaneously carried out to form first and second hole (17 and adjacent to 17 in fig 11 using mux layers 20, 21 (Fig 11; 0096) as detailed The areas of the semiconductor layer sequence 1 not covered by the masks 20, 21 have now been etched away up to the etch stop layer 13. The use of two masks and the two-stage etching process have resulted in depressions 17 with different depths and widths.
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to reset the Kawashima’ step of forming first hole and incorporate Halbritter steps of first and second hole (17 and adj to 17) and thereby the combination of ( Kawashima and Halbritter) teaches the first second hole by etching as claimed, since this creates an optical structure with a refractive index that varies in the lateral direction (Halbritter [0066]).
the combination of ( Kawashima and Halbritter) is reset back to Kawashima process and further teaches
crystal-growing ([0074-0075]) a second layer (608; Fig 6E; [0074]) at the first hole (102a in view of Halbritter depression 17) and the second hole (102b in view of Halbritter adjacent to depression 17), to form, at the first hole, a first low refractive index portion (remaining 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 in view of Halbritter depression 17) and the second hole (102b in view of Halbritter adjacent to depression 17),
the first hole (102a in view of Halbritter depression 17) and the second hole (102b/102c in view of Halbritter adjacent to depression 17) 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 in view of Halbritter depression 17) 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. the combination of ( Kawashima and Halbritter) as applied to the method for manufacturing the photonic crystal according to claim 1, Kawashima 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. the combination of ( Kawashima and Halbritter) as applied to the method for manufacturing the photonic crystal according to claim 1, Kawashima wherein
the second layer is crystal-grown by an MOCVD method ([0072-0073]).
Regarding Claim 4. the combination of (Kawashima and Halbritter) as applied to the method for manufacturing the photonic crystal according to claim 3, Kawashima 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.
Regarding Claim 8. the combination of ( Kawashima and Halbritter) 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.
Claims 5-7 are rejected under 35 U.S.C. 103 as being unpatentable over Kawashima; Takeshi et al. (US 20110039364 A1) hereinafter represented as Kawashima, in view of HALBRITTER; Hubert et al. (US 20250047066 A1) hereinafter represented as Halbritter; and in further view of KOMADA; Satosh (US 20130089973 A1) hereinafter Komada
Regarding Claim 5. the combination of (Kawashima and Halbritter) as applied to the method for manufacturing the photonic crystal according to claim 4, Kawashima 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 modified Kawashima’s method, and the combination of (Kawashima, Halbritter 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, Halbritter 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, Halbritter 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, Halbritter 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).
Response to Arguments
Applicant's arguments “Remarks - 08/31/2026 - Applicant Arguments/Remarks Made in an Amendment, have been fully considered, but they are not persuasive because of the following:
Applicant’s amendment of independent claim 1 , and submission of new claim 9 in “Claims - 08/31/2026” changed scope of the inventions significantly, and necessitated the shift in new grounds of rejection detailed in sections i-II, supra. The shift in grounds of rejection renders Applicant’s arguments moot.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the date of this final action.
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 Friday 8.30 A.M -5.00 P.M.
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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.
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/MOAZZAM HOSSAIN/Primary Examiner, Art Unit 2898
October 5, 2026
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