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
Applicant’s election without traverse of claims 1-17 in the reply filed on 4/21/2026 is acknowledged.
Claims 18-22 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.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 4/21/2026.
Claim Objections
Claim 13 is objected to because of the following informalities: the term “filing” in line 3 (pp 4) appears to be a typo. Appropriate correction is required.
Claim Rejections - 35 USC § 102
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.
Claim(s) 1, 5, 6, 7, 9, 10, 12, 16 & 17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Suzuki (US Pub no. 2016/0380121 A1- cited in IDS).
Regarding claim 1, Suzuki et al discloses A photodetector comprising:
a substrate (10,20)having a first channel of waveguide material(31 or 32 of 90) embedded therein, the substrate(10,20) and the waveguide material(31 or 32 of 90) together providing a substantially flat upper surface[0033][0045] fig. 1; a first insulative layer (41) on and across the upper surface[0033]; a graphene layer(50) arranged on the first insulative layer(41) and over the first channel of waveguide material(31 or 32 of 90)[0033][0045]; and at least two ohmic contacts(81,82), each provided in contact with the graphene layer (50)and arranged on either side of the first channel of waveguide material(31 or 32 of 90)[0042] fig. 1; wherein the first insulative layer(41) comprises an oxide of one or more of aluminum[0033].
Regarding claim 5, Suzuki et al discloses wherein the substrate comprises an upper layer of silicon dioxide(10) on a lower layer of silicon (20)and the first channel of waveguide material(31 or 32 of 90) is embedded in the upper layer of silicon dioxide(10)[0033].
Regarding claim 6, Suzuki et al discloses wherein the waveguide material(31 and 32) is unintentionally doped silicon[0034].
Regarding claim 7, Suzuki et al discloses wherein the Graphene(50) is an optionally doped, monolayer graphene sheet[0039].
Regarding claim 9, Suzuki et al discloses further comprising a second insulative layer(42) on and across the graphene layer(50) [0038-0039][0041].
Regarding claim 10, Suzuki et al discloses wherein the
first and/or second insulative layer (41/42)comprises an oxide of one or more of aluminum oxide [0038-0039].
Regarding claim 12, Suzuki et al discloses comprising a second channel(61 or 62 of 90) of waveguide material parallel to and aligned over the first channel(31 or 32 of 90) of waveguide material and provided: (i) on the graphene layer(50); or
(ii) on the second insulative layer(42) [0038-0039][0041].
Regarding claim 16, Suzuki et al discloses A circuit comprising the photodetector according to claim 1[0033][0048].
Regarding claim 17, Suzuki et al discloses An array comprising a plurality of photodetectors according to claim 1[0033[0026][0143] fig. 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, 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(s) 2-4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Suzuki (US Pub no. 2016/0380121 A1- cited in IDS) in view of Kim (US Pub no. 2013/0026442 A1- cited in IDS).
Regarding claim 2, Suzuki et al discloses all the claim limitations of claim 1 but fails to teach wherein the at least two contacts are asymmetric.
However, Kim et al discloses a photodetector wherein two contacts(112/114) are asymmetric fig. 5. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Suzuki et al with the teachings of Kim et al to optimize current flow.
Regarding claim 3, Suzuki et al discloses wherein the at least two contacts(81/82) are formed from different metals[0042].
Regarding claim 4, Suzuki et al discloses wherein a first and second of said at
least two ohmic contacts(81/82) spaced in the plane of the substrate(10/20) from the first channel of waveguide material (31 or 32 of 90) fig. 1but fails to teach the ohmic contacts have different spacings.
Kim et al discloses wherein a first and second of said at least two ohmic contacts (112/114) have different spacings fig. 5. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Suzuki et al with the teachings of Kim et al to optimize current flow.
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Suzuki (US Pub no. 2016/0380121 A1- cited in IDS).
Regarding claim 8, Suzuki et al discloses all the claim limitations of claim 1 in the embodiment of fig. 1 but fail to teach wherein the first insulative layer comprises a silicon nitride layer on the upper surface. However, Suzuki et al teaches the first insulative layer(41) comprises a silicon nitride layer on the upper surface[0091]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the embodiment of fig. 1 by incorporating the silicon nitride layer of fig. 8 since the substitution of one known element for another yields predictable results to one of ordinary skill in the art. Ruiz v. AB Chance Co., 357 F.3d 1270, 69 USPQ2d 1686 (Fed. Cir. 2004)
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Suzuki (US Pub no. 2016/0380121 A1- cited in IDS) in view of Cho (US Pub no. 2013/0101247 A1- cited in IDS).
Regarding claim 11, Suzuki et al discloses all the claim limitations of claim 1 further teaches wherein the first insulative layer (41)comprises a silicon nitride layer directly on the upper surface [0091] but fails to teach an oxide of one or more of aluminum, hafnium and magnesium, preferably aluminum oxide or hafnium oxide, on the silicon nitride layer.
However, Cho et al discloses an optical device comprising a first insulative layer (131)comprising a silicon nitride layer an oxide of aluminum oxide(132)[0040], on the silicon nitride layer(131)[0039-0040]. Since using an aluminum oxide on the silicon oxide layer is one of finite solution to optimize electrical isolation and the mobility of light as taught in Cho et al, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to try in Suzuki et al since a person of ordinary skill has good reason to pursue the known options within his or her technical grasp. If this leads to the anticipated success, it is likely that product [was] not of innovation but of ordinary skill and common sense. KSR, 550 U.S. at 421, 82 USPQ2d at 1397.
Claim(s) 13-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kippenburg (US Pub no. 2016/0327743 A1) in view of Suzuki (US Pub no. 2016/0380121 A1- cited in IDS).
Regarding claim 13, Kippenburg et al discloses A method of forming a photodetector, the method comprising: providing a substrate(2b) having a first channel (4)etched therein[0055]; filing the first channel (4)with SiNx[0065][0071]; forming a layer of SiNx across the substrate(2b) and the first channel (4)by low pressure CVD[0071]; at least partially etching the SiNx layer (8) to form a substantially flat growth surface[0071]; depositing an oxide[0072].
Kippenburg et al fails to teach the oxide is of one or more of aluminium, hafnium and magnesium on the growth surface to form a first insulative layer; forming a graphene monolayer across the first insulative layer by CVD; patterning the graphene monolayer; and forming at least two ohmic contacts each in contact with the patterned graphene monolayer and arranged on either side of the first channel.
However, in a similar endeavor, Suzuki et al discloses the oxide is of one or more of aluminium on a growth surface to form a first insulative layer(41)[0033]; forming a graphene monolayer(50) across the first insulative layer(41) by CVD[0039]; patterning the graphene monolayer(50) [0040]; and forming at least two ohmic contacts(81/82) each in contact with the patterned graphene monolayer(50) and arranged on either side of a first channel(31 or 32)[0044]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Kippenburg et al with the teachings of Suzuki et al with an aluminum oxide as a first insulative layer to prevent induced or instable carriers to the graphene and to fabricate a graphene photodetector.
Regarding claim 14, Suzuki et al discloses depositing an oxide of one or more of aluminium on and across the graphene monolayer(50), to form a second insulative layer(42)[0033][0039].
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kippenburg (US Pub no. 2016/0327743 A1) in view of Suzuki (US Pub no. 2016/0380121 A1- cited in IDS) as applied to claim 13 and further in view of Sacchetto (US Pub no. 2022/0334449 A1).
Regarding claim 15, Kippenburg et al as modified by Suzuki et al discloses all the claim limitations of claim 13 and further teaches wherein the step of depositing an oxide of one or more of aluminium to form the first and/or second insulative layer(41 or 42)[0039] but fails to teach is by ALD, e-beam, PECVD or PEALD.
However, Sacchetto et al discloses depositing aluminium oxide by PECVD [0115]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to further modify Kippenburg et al and Suzuki et al with the teachings of Sacchetto et al since one of ordinary skill in the art would have been capable of applying this known technique of PECVD to a known device (method, or product) that was ready for improvement and the results would have been predictable to one of ordinary skill in the art. In re Nilssen, 851 F.2d 1401, 7 USPQ2d 1500 (Fed. Cir. 1988)
Conclusion
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/LATANYA N CRAWFORD EASON/ Primary Examiner, Art Unit 2813
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