DETAILED ACTION
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Cross-Reference to Related Applications
2. This application claims benefit of 63/426,504 11/18/2022.
Preliminary amendment
3. Preliminary amendment filed on 11/15/2023 has been acknowledged and considered.
In the Preliminary amendment, the applicants have been amended the specification and remained claims 1-24.
Claims 1-24 are currently pending in the application.
Oath/Declaration
4. The oath/declaration filed on 11/15/2023 is acceptable.
Information Disclosure Statement
5. The office acknowledges receipt of the following items from the applicant:
Information Disclosure Statement (IDS) filed on 11/15/2023 and 02/19/2025.
Specification
6. The specification is objected to for the following reason: The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed (see MPEP 606.01).
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:
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.
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 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.
7. Claims 1-5 and 7-8 are rejected under 35 U.S.C. 103(a) as being unpatentable over Otsuka et al., hereafter “Otsuka” (U.S. Publication No. 2006/0118824 A1) in view of BERGAUER W (WO-2014198550-A1 and further in view of CHEN et al., hereafter “CHEN” (U.S. Patent No. 11,594,413 B2).
Regarding claim 1, Otsuka discloses an epitaxial structure, comprising:
a substrate (1);
a first buffer layer (8) located on a top of the substrate (1) and
a second buffer layer (9) located on a top of the first buffer layer (8), wherein the second buffer layer (9) is provided without aluminum (para [0045]) and has an element doping (P-type impurity, para [0074]); and
a channel layer (10, para [0053]) located on a top of the second buffer layer (9) (Fig. 1 and para [0074]-[0075]).
Otsuka discloses the features of the claimed invention as discussed above, but does not disclose the first buffer layer comprising a first portion, wherein the first portion comprises a nitride which is ternary or above; an aluminum atom concentration of the nitride of the first portion is less than or equal to 25 at%; the first portion has an element doping, wherein a doping concentration of the element doping of the first portion is greater than or equal to lxi1018 cm-3.
BERGAUER W, however, discloses the first buffer layer (2) comprising a first portion (2b), wherein the first portion (2b) comprises a nitride which is ternary or above (Al .sub.x In .sub.y Ga1- .sub.x - .sub.y N, wherein x + y <1) (Figs. 1-2 and English Text), but does not disclose an aluminum atom concentration of the nitride of the first portion is less than or equal to 25 at%.
However, the selection of the claimed device parameters would have been obvious to one having ordinary skill in the art before the effective filing date was made to provide the aluminum atom concentration of the nitride of the first portion is less than or equal to 25 at% based on the x value in the nitride structure of the first portion of the first buffer layer, since it is well settle that when the general conditions of a claim are discloses in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
Otsuka and BERGAUER W disclose the features of the claimed invention as discussed above, but does not disclose the first portion has an element doping, wherein a doping concentration of the element doping of the first portion is greater than or equal to 1x1018 cm-3.
CHEN, however, discloses the first portion (144b) has an element doping, wherein a doping concentration of the element doping of the first portion is greater than or equal to 1x1015 to 1x1019 cm-3 (Figs. 1A-1B and col. 3, lines 58-60).
However, the selection of the claimed device parameters would have been obvious to one having ordinary skill in the art before the effective filing date was made to provide the first portion has an element doping, wherein a doping concentration of the element doping of the first portion is within the claimed range, since it is well settle that when the general conditions of a claim are discloses in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
Regarding claim 2, Otsuka, BERGAUER W and CHEN (citations to Otsuka unless otherwise noted) discloses wherein the first portion (2b in BERGBAUER W) is in contact with the second buffer layer (9) (Fig. 1).
Regarding claim 3, Otsuka, BERGAUER W and CHEN (citations to Otsuka unless otherwise noted) discloses the features of the claimed invention as discussed above including wherein the first buffer layer (8) comprises a second portion (2a) located between the substrate (1) and the first portion (2b); two opposite sides of the second portion are respectively in contact with the substrate (1) and the first portion (2b), but does not disclose an aluminum atom concentration of the second portion is greater than 25 at%.
BERGAUER W, however, discloses the first buffer layer (2) comprising a first portion (2a), wherein the first portion (2a) comprises a nitride which is ternary or above (Al .sub.x In .sub.y Ga1- .sub.x - .sub.y N, wherein x + y <1) (Figs. 1-2 and English Text), but does not disclose an aluminum atom concentration of the nitride of the first portion is less than or equal to 25 at%.
However, the selection of the claimed device parameters would have been obvious to one having ordinary skill in the art before the effective filing date was made to provide the aluminum atom concentration of the nitride of the second portion is less than or equal to 25 at% based on the x value in the nitride structure of the second portion of the first buffer layer, since it is well settle that when the general conditions of a claim are discloses in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
Regarding claim 4, Otsuka, BERGAUER W and CHEN (citations to Otsuka unless otherwise noted) discloses the first buffer layers (8) should each be from about 0.5 to about 50 nanometers thick (para [0044]) and the second buffer layers (9) should each be from about 0.5 to about 200 nanometers thick (para [0050]), but does not disclose wherein a ratio of a thickness of the first buffer layer to a thickness of the second buffer layer is greater than or equal to 1.5 and is less than or equal to 10.
However, the selection of the claimed process parameters would have been obvious to one having ordinary skill in the art before the effective filing date was made to provide a ratio of a thickness of the first buffer layer to a thickness of the second buffer layer is within the claimed range, since it is well settle that when the general conditions of a claim are discloses in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
Regarding claim 5, Otsuka, BERGAUER W and CHEN (citations to Otsuka unless otherwise noted) discloses wherein a doping element of the first portion is carbon, iron, or magnesium (col. 5, lines 41-42 in CHEN).
Regarding claim 7, Otsuka, BERGAUER W and CHEN (citations to Otsuka unless otherwise noted) discloses wherein the first portion (2b) comprises at least one nitride film structure which has the nitride (Figs. 1-2 in BERGBAUER W).
Regarding claim 8, Otsuka, BERGAUER W and CHEN (citations to Otsuka unless otherwise noted) discloses wherein the first portion (2b) comprises at least one nitride film structure which has the nitride (Figs. 1-2 in BERGBAUER W).
Allowable Subject Matter
8. The following is a statement of reason for the indication of allowable subject matter:
Claims 6 and 9-24 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Cited Prior Arts
9. The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure.
Lin et al. (U.S. Publication No. 2021/0336011 A1) discloses an epitaxial structure, comprising:
a substrate (100);
a first buffer layer (11) located on a top of the substrate (100) and
a second buffer layer (112) located on a top of the first buffer layer (111), wherein the second buffer layer (111) is provided without aluminum (AlN) and has an element doping (carbon or iron, para [0040]); and
a channel layer (120) located on a top of the second buffer layer (112) (Fig. 1 and para [0020]-[0022]).
Keller et al. (U.S. Publication No. 2013/0200495 A1) discloses a first III-V buffer layer (202) can include a first portion with a constant aluminum composition and a second portion with an aluminum composition that decreases in a direction from the first side to the second side (Fig. 2 and para [0010]).
Conclusion
10. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Phuc T. Dang whose telephone number is 571-272-1776. The examiner can normally be reached on 8:00 am-5:00 pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Jacob Choi can be reached on 469-295-9060. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PHUC T DANG/Primary Examiner, Art Unit 2897