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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the header and wire bond of claim 10 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered. Paragraph [0083] of the specification indicates that the header and wire bond should be shown in figure 17, however neither fig. 17 nor the specification indicate which aspect of the figure should be considered the aforementioned features.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-5, 7, 11-15, 17-18, and 20 are rejected under 35 U.S.C. 102(a)(1) and 35 U.S.C. 102(a)(2) as being anticipated by Ogawa et al. US 2023/0282759.
Regarding claim 1, Ogawa discloses an optoelectronic semiconductor device (figs. 1-5 and 8-38), comprising: a semiconductor substrate (#4); an insulating layer (#3a, 3b) comprising a patterned structure provided on a first side of the semiconductor substrate, the patterned structure comprising a plurality of raised areas with at least one channel formed between adjacent raised areas (figs. 1-5 and 8-38 show a variety of configurations of patterned structures of the insulating layer 3a, 3b with a plurality of raised areas and at least one channel. For instance figure 9 shows channels of width g wherein fig. 8 shows the cross-section where the raised portion 2c is raised in part from the insulating layer 3b); a layer of an insulating material provided on a surface of at least one of the channels (fig. 16 #5; para. 0194); a first contact positioned on a surface of one of the raised areas (#2a); at least one 2D material layer (#1; para. 0058) provided on at least portions of each of the insulating layer (#1 is on #3a) and the semiconductor substrate (#1 is on #4), the 2D material layer in contact with the first contact (#1 covers a portion of #2a); and a second contact provided on a second side of the semiconductor substrate (#2b is located on the underside of the substrate).
Regarding claim 2, Ogawa discloses wherein the insulating layer comprises an oxide layer (para. 0098).
Regarding claim 3, Ogawa discloses wherein the layer of insulating material provided on the surface of the at least one channel comprises an oxide layer (para. 0194).
Regarding claim 4, Ogawa discloses wherein the raised areas of the patterned structure have a first thickness (fig. 16 #3a, 3b), and the insulating material provided on the surface of at least one of the channels has a second thickness (fig. 16 #5), and wherein the first thickness is greater than the second thickness (3a and 3b are thicker than 5).
Regarding claim 5, Ogawa discloses wherein the patterned structure comprises at least one of interdigitated fingers (figs. 36-38 show a interdigitated finger configuration), triangular fingers, at least partially curved fingers (para. 0307 circle and ellipse), or a combination of any of those.
Regarding claim 7, Ogawa discloses wherein the semiconductor substrate comprises a n-doped silicon (para. 0105, 0120), and wherein the oxide layer comprises silicon oxide (para. 0108).
Regarding claim 11, Ogawa discloses the optoelectronic semiconductor device of claim 1, further comprising a package, the package comprising a transparent material configured to allow transmission of light (para. 0151 transparent conductive film).
Regarding claim 12, Ogawa discloses a method of forming an optoelectronic semiconductor device (figs. 1-5 and 8-38), the method comprising: forming a semiconductor substrate (#4); forming an insulating layer (#3a, 3b) comprising a patterned structure provided on a first side of the semiconductor substrate, the patterned structure comprising a plurality of raised areas with at least one channel formed between adjacent raised areas (figs. 1-5 and 8-38 show a variety of configurations of patterned structures of the insulating layer 3a, 3b with a plurality of raised areas and at least one channel. For instance figure 9 shows channels of width g wherein fig. 8 shows the cross-section where the raised portion 2c is raised in part from the insulating layer 3b); forming a layer of an insulating material on a surface of at least one of the channels (fig. 16 #5; para. 0194); forming a first contact positioned on a surface of one of the raised areas (#2a); forming at least one 2D material layer (#1; para. 0058)on at least portions of each of the insulating layer (#1 is on #3a) and the semiconductor substrate (#1 is on #4), the 2D material layer in contact with the first contact (#1 covers a portion of #2a); and forming a second contact provided on a second side of the semiconductor substrate (#2b is located on the underside of the substrate).
Regarding claim 13, Ogawa discloses wherein forming the insulating layer comprises a thermally grown a silicon oxide layer (para. 0108 heat-oxidized silicon oxide).
Regarding claim 14, Ogawa discloses the method of claim 12, further comprising using optical lithography (para. 0110) and wet etching to form the patterned structure (para. 0111).
Regarding claim 15, Ogawa discloses wherein forming the first contact comprises sputtering at least one metal layer on the silicon oxide layer (para. 0108, 0115).
Regarding claim 17, Ogawa discloses, wherein forming the 2D material layer comprises growing a graphene layer on copper by chemical vapor deposition and transferring the graphene layer onto at least portions of each of the semiconductor substrate, the silicon oxide layer and the first contact (para. 0113, using copper as the growing layer is well known in the art).
Regarding claim 18, Ogawa discloses the method of claim 17, further comprising patterning the graphene layer (para. 0302-0307).
Regarding claim 20, Ogawa discloses the method of claim 11, further comprising providing a package enclosing at least a portion of the optoelectronic semiconductor device, the package comprising a transparent material configured to allow transmission of light (para. 0151 transparent conductive film).
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.
Claims 6, 8-9, and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Ogawa et al. US 2023/0282759.
Regarding claim 6, Ogawa does not explicitly disclose wherein the patterned structure comprises a combination of fingers have a first shape type and having a second shape type different than the first shape type, however, It has been judiciarily determined that changing in shapes has been obvious to one of ordinary skill in the art (MPEP 2144.04.IV.B). A change in shape is insufficient to establish patentability over the prior art of record unless it changes the operation of the device in some unexpected way. Since this device appears to operate in a similar manner to the prior art device, the change of shape is not of patentable significance
Regarding claim 8, Ogawa discloses the oxide layer being as small as possible (para. 0100) does not explicitly disclose wherein the oxide layer comprises a thermally grown silicon oxide layer having a thickness of about 20 nm, however, it has been judiciarily determined that changing in size has been obvious to one of ordinary skill in the art (MPEP 2144.04.IV.B). A change in size is insufficient to establish patentability over the prior art of record unless it changes the operation of the device in some unexpected way. Since this device appears to operate in a similar manner to the prior art device, the change of size is not of patentable significance
Regarding claim 9, Ogawa teaches wherein at least one of the first contact or the second contact comprises a Ti layer (para. 0097 close adherence layer) and a Ni layer (para. 0097).
Ogawa does not explicitly disclose the Ti layer having a thickness of about 20 nm, and the Ni layer having a thickness of about 200 nm, however, it has been judiciarily determined that changing in size has been obvious to one of ordinary skill in the art (MPEP 2144.04.IV.B). A change in size is insufficient to establish patentability over the prior art of record unless it changes the operation of the device in some unexpected way. Since this device appears to operate in a similar manner to the prior art device, the change of size is not of patentable significance
Regarding claim 16, Ogawa teaches wherein sputtering at least one metal layer (para. 0108, 0115) comprises sputtering a Ti layer (para. 0097 close adherence layer) and sputtering (para. 0108, 0115) a Ni layer (para. 0097).
Ogawa does not explicitly disclose the Ti layer having a thickness of about 20 nm, and the Ni layer having a thickness of about 200 nm, however, it has been judiciarily determined that changing in size has been obvious to one of ordinary skill in the art (MPEP 2144.04.IV.B). A change in size is insufficient to establish patentability over the prior art of record unless it changes the operation of the device in some unexpected way. Since this device appears to operate in a similar manner to the prior art device, the change of size is not of patentable significance
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Ogawa et al. US 2023/0282759 in view of Chan US 2020/0075791.
Regarding claim 10, Ogawa fails to teach the optoelectronic semiconductor device of claim 1, further comprising a header, wherein one of the first contact or the second contact is wire bonded to the header.
Chan teaches a optoelectronic semiconductor device (fig. 10) which has a contact (#48) which is wire bonded (#74) to a header (#80 via pin #84) of a transistor outline package (para. 0066) for the purpose of simplifying the bonding process (para. 0040) and protecting the device in a hermetically sealed package (para. 0069).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have the optoelectronic semiconductor device further comprising a header, wherein one of the first contact or the second contact is wire bonded to the header as taught by Chan in the optoelectronic semiconductor device of Ogawa for the purpose of simplifying the bonding process and protecting the device in a hermetically sealed package.
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Ogawa et al. US 2023/0282759 in view of Sultana et al. US 2017/0057827.
Regarding claim 19, Ogawa fails to teach wherein patterning the graphene layer comprises reactive ion etching.
Sultana teaches wherein patterning the graphene layer comprises reactive ion etching (para. 0032) for the purpose of patterning the graphene while it is on the device and simplifying the manufacturing (para. 0032).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have wherein patterning the graphene layer comprises reactive ion etching as taught by Sultana in the method of Ogawa for the purpose of patterning the graphene while it is on the device and simplifying the manufacturing.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Richard Toohey whose telephone number is (703)756-5818. The examiner can normally be reached Mon-Fri: 7:30am – 5pm.
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/RICHARD O TOOHEY/Examiner, Art Unit 2884
/EDWIN C GUNBERG/Primary Examiner, Art Unit 2884