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
1. Claims 4-6 and 11-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected group and species, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 6/5/26.
2. Applicant's election with traverse of Group I and Species II in the reply filed on 6/5/26 is acknowledged. The traversal is on the ground(s) that the restrictions are not considered unduly burdensome to examine all groups and species. This is not found persuasive because there is a search and/or examination burden for the patentably distinct groups and species because at least the following reasons apply: The grouping of patentably indistinct groups and species require a different field of search such as employing different search strategies or search queries.
The requirement is still deemed proper and is therefore made FINAL.
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 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.
Claims 1 and 7-10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent Application Publication No. 2021/0013307 Moon et al.
3. Referring to claim 1, Moon et al. teaches a device comprising: a high thermal conductivity substrate, (Figure 5 #12 SiC); and a wide bandgap (WBG) material, (Figure 5 #18, 16, and 20), in contact with the high thermal conductivity substrate, (Figure 5 #12 SiC).
4. Referring to claim 7, Moon et al. teaches the device of claim 1, wherein the WBG material comprises a wide-bandgap gallium nitride (GaN) integrated with the high thermal conductivity substrate, (Figure 5 #12 SiC).
5. Referring to claim 8, Moon et al. teaches the device of claim 7, wherein the wide-bandgap GaN comprises a GaN film, (Figure 5 #20 AlGaN).
6. Referring to claim 9, Moon et al. teaches the device of claim 7, wherein the wide-bandgap GaN comprises a high- electron-mobility transistor (HEMT) , (Figure 5 #18, 16, and 20).
7. Referring to claim 10, Moon et al. teaches the device of claim 9, wherein the HEMT comprises a ALGaN/GaN structure, (Figure 5 #18, 16, and 20).
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.
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Application Publication No. 2021/0013307 Moon et al. in view of U.S. Patent Application Publication No. 2020/0052076 Ni et al.
8. Referring to claim 2, Moon et al. teaches the device of claim 1, but silent to wherein the high thermal conductivity substrate comprises boron arsenide (BAs).
Ni et al. teaches a similar device wherein the high thermal conductivity substrate comprises boron arsenide (BAs), (Paragraphs 0002 & 0039).
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 to combine the teachings of Ni et al. with Moon et al. because Moon et al. teaches the use of a AlN or SiC substrate to improve thermal dissipation, (Moon et al. Paragraphs 0064 and 0069), and where Ni et al. teaches the use of a material that has a higher thermal conductivity than SiC, (Ni et al. Paragraph 0002. 0018, and 0039 Boron Arsenide), hence it would be obvious to use Boron Arsenide instead of SiC for its improved thermal conductivity, and also since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
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.
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Application Publication No. 2021/0013307 Moon et al. in view of U.S. Patent Application Publication No. 2015/0362265 Broido et al.
9. Referring to claim 3, Moon et al. teaches the device of claim 1, but silent to wherein the high thermal conductivity substrate comprises boron phosphide (BP).
Broido et al. teaches high thermal conductivy materials for thermal management applications comprising the materials of boron phosphide (BP) and boron arsenide (BAs), (Paragraphs 0014 & 0052 and Figure 3).
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 to combine the teachings of Broido et al. with Moon et al. because Moon et al. teaches the use of a AlN or SiC, (approximately below 490 W/(m ∙ K)), substrate to improve thermal dissipation, (Moon et al. Paragraphs 0064 and 0069), and where Ni et al. teaches the use of a material that has a higher thermal conductivity than SiC, (Broido et al. Figure 3 above 500 W/(m ∙ K)), hence it would be obvious to use Boron Phosphide instead of SiC for its improved thermal conductivity, and also since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to VICTOR A MANDALA whose telephone number is (571)272-1918. The examiner can normally be reached on M-Th 8-6:30 EST.
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/VICTOR A MANDALA/Primary Examiner, Art Unit 2899 7/22/26
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