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
Claims 16-18 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.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 4/2/26.
Claims 2-9 and claims 12-15 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 4/2/26.
Applicant’s election without traverse of Group I, claim 1, Species IB, claims 10 and 11, in the reply filed on 4/2/26 is acknowledged.
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.
The instant claims contain the transitional phrase “comprising”. Per MPEP 2111.03 ‘The transitional term “comprising”, which is synonymous with “including,” “containing,” or “characterized by,” is inclusive or open-ended and does not exclude additional, unrecited elements or method steps'. This open-ended definition has been taken into consideration in the following rejections.
Claim 1 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2015/0380500 A1 to Masui et al. (hereinafter Masui).
Regarding claim 1, Masui discloses a Ga2O3-based single crystal substrate, which has an amount of warpage of no more than 25 µm on a main surface (para [0014]), which falls completely within the instantly claimed range of -50 µm or more and 50 µm or less (including 0 µm) on a main surface.
Claim 1 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2017/0152610 A1 to Watanabe et al. (hereinafter Watanabe).
Regarding claim 1, Watanabe discloses a Ga2O3-based single crystal substrate (para [0043]), which has an amount of warpage of 14.451 to 24.805 µm (Table 2) on a main (principal) surface (para [0106]), which falls completely within the instantly claimed range of -50 µm or more and 50 µm or less (including 0 µm) on a main surface.
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 instant claims contain the transitional phrase “comprising”. See MPEP 2111.03, cited above. This open-ended definition has been taken into consideration in the following rejections.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Masui.
Regarding claim 10, Masui discloses the Ga2O3-based single crystal substrate according to claim 1, which comprises one or more elements of Group 14 elements which are n-type dopants, such as Sn (para [0044]), in a total range of 0.003 to 1.0 mol% (para [0044]), which overlaps the instantly claimed total range of 0.02 mol% or more and 0.15 mol% or less. See MPEP 2144.05(I), which states that ‘In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists’.
Claims 10 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Watanabe.
Regarding claim 10, Watanabe discloses the Ga2O3-based single crystal substrate according to claim 1, which comprises one or more elements of Group 14 elements which are n-type dopants, such as Si and Sn (para [0057]), in amounts of 0.03 mol%, 0.02 mol% (para [0088]) and 0.01 mol% (para [0104]), which overlap the instantly claimed total range of 0.02 mol% or more and 0.15 mol% or less. See MPEP 2144.05(I), cited above.
Regarding claim 11, Watanabe discloses the Ga2O3-based single crystal substrate according to claim 1, which comprises one or more elements of Group 2 elements such as Mg, or Fe, Cu, and Zn (para [0057]), which are p-type dopants. The reference does not expressly disclose amounts of these particular dopants but does teach typical dopant amounts of 0.03 mol%, 0.02 mol% (para [0088]) and 0.01 mol% (para [0104]) in other examples. These amount overlap the instantly claimed total range of 0.02 mol% or more and 0.15 mol% or less. See MPEP 2144.05(I), cited above. It would be obvious to one of ordinary skill in the art to control the dopant amounts to optimize the width of the band gap (para [0057]) and ultimately improve the quality of the substrate (para [0108]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LYNNE EDMONDSON whose telephone number is (571)272-2678. The examiner can normally be reached M-F 10-6:30.
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/L.E./Examiner, Art Unit 1734
/Matthew E. Hoban/Primary Examiner, Art Unit 1734
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