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 .
Specification
Applicant is reminded of the proper content of an abstract of the disclosure.
A patent abstract is a concise statement of the technical disclosure of the patent and should include that which is new in the art to which the invention pertains. The abstract should not refer to purported merits or speculative applications of the invention and should not compare the invention with the prior art.
If the patent is of a basic nature, the entire technical disclosure may be new in the art, and the abstract should be directed to the entire disclosure. If the patent is in the nature of an improvement in an old apparatus, process, product, or composition, the abstract should include the technical disclosure of the improvement. The abstract should also mention by way of example any preferred modifications or alternatives.
Where applicable, the abstract should include the following: (1) if a machine or apparatus, its organization and operation; (2) if an article, its method of making; (3) if a chemical compound, its identity and use; (4) if a mixture, its ingredients; (5) if a process, the steps.
Extensive mechanical and design details of an apparatus should not be included in the abstract. The abstract should be in narrative form and generally limited to a single paragraph within the range of 50 to 150 words in length.
See MPEP § 608.01(b) for guidelines for the preparation of patent abstracts.
The abstract of the disclosure is objected to because it refers to purported merits of the invention. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
Claim Objections
Claims 13 – 32 are objected to because of the following informalities:
In claim 13, “ultraviolet ray” should be replaced with –ultraviolet rays--;
In claims 15, 16, 25 and 26, “with MQW” should be replaced with –with an MQW--; and
In claim 23, “comprising steps of” should be replaced with –comprising the steps of--.
The depend claims inherit these informalities.
Appropriate correction is required.
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)(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 13 – 32 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by US Published Patent Application No. 2023/0343890 to Yamada et al.
The applied reference has a common Assignee with the instant application. Based upon the earlier effectively filed date of the reference, it constitutes prior art under 35 U.S.C. 102(a)(2). This rejection under 35 U.S.C. 102(a)(2) might be overcome by: (1) a showing under 37 CFR 1.130(a) that the subject matter disclosed in the reference was obtained directly or indirectly from the inventor or a joint inventor of this application and is thus not prior art in accordance with 35 U.S.C. 102(b)(2)(A); (2) a showing under 37 CFR 1.130(b) of a prior public disclosure under 35 U.S.C. 102(b)(2)(B) if the same invention is not being claimed; or (3) a statement pursuant to 35 U.S.C. 102(b)(2)(C) establishing that, not later than the effective filing date of the claimed invention, the subject matter disclosed in the reference and the claimed invention were either owned by the same person or subject to an obligation of assignment to the same person or subject to a joint research agreement.
Regarding claim 13, Yamada et al. teach an epitaxial wafer for an ultraviolet ray emission device, comprising:
a first supporting substrate being transparent for ultraviolet ray and having heat resistance;
a seed crystal layer of an AlxGa1-xN (0.5<x≤1) single crystal bonded on the first supporting substrate by laminating (¶¶[0006], [0019]);
an epitaxial layer on the seed crystal layer, the epitaxial layer having:
a first conductive clad layer containing AlyGa1-yN (0.5<y≤1) as a main component that are stacked and grown in this order (¶ [0006]).
Regarding claim 14, Yamada et al. teach an epitaxial wafer, wherein a main component of the first supporting substrate is sapphire (¶ [0144]).
Regarding claims 15 and 16, Yamada et al. teach an epitaxial wafer, wherein the AlGaN-based active layer is formed with an MQW structure and contains In at a proportion of less than 1% as a constituent element other than Al, Ga, and N (¶[0021]).
Regarding claims 17 – 20, Yamada et al. teach an epitaxial wafer, wherein the AlGaN-based active layer exhibits a peak wavelength λp shorter than 235 nm in an emission spectrum with current injection at 25° and 0.2 A/mm2 (¶[0023]).
Regarding claim 21, Yamada et al. teach an epitaxial wafer, wherein a bandgap of the seed crystal layer is larger than a bandgap of the AlGaN-based active layer (¶[0025]).
Regarding claim 22, Yamada et al. teach an epitaxial wafer, wherein an epitaxial growth surface in the seed crystal layer is in a C-plane (¶[0027]).
Regarding claim 23, Yamada et al. teach a method for manufacturing an epitaxial wafer for an ultraviolet ray emission device, the method comprising the steps of:
producing a laminated substrate by laminating a seed crystal layer on a first supporting substrate being transparent for ultraviolet ray and having heat resistance, the seed crystal layer being peel-transferred from an AlxGa1-xN (0.5<x≤1) single crystal (¶¶[0006], [0019],[0098],[0125]);
forming an epitaxial layer on the seed crystal layer, the epitaxial layer having:
a first conductive clad layer containing AlyGa1-yN (0.5<y≤1) as a main component;
an AlGaN-based active layer; and
a second conductive clad layer containing AlzGa1-zN (0.5<z≤1) as a main component that are stacked and grown in this order (¶ [0006]).
Regarding claim 24, Yamada et al. teach a method, wherein a main component of the first supporting substrate is sapphire (¶[0144]).
Regarding claims 25 and 26, Yamada et al. teach a method, wherein the AlGaN-based active layer is formed with an MQW structure and contains In at a proportion of less than 1% as a constituent element other than Al, Ga, and N.
Regarding claims 27 – 30, Yamada et al. teach a method, wherein the AlGaN-based active layer exhibits a peak wavelength λp shorter than 235 nm in an emission spectrum with current injection at 25° and 0.2 A/mm2 (¶[0023]).
Regarding claim 31,Yamada et al. teach a method, wherein a bandgap of the seed crystal layer is larger than a bandgap of the AlGaN-based active layer (¶[0025]).
Regarding claim 32, Yamada et al. teach a method, wherein an epitaxial growth surface in the seed crystal layer is in a C-plane (¶[0027]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Chinese Patent Publication No. CN 1112289900B to Liu et al. teach an epitaxial wafer comprising a sapphire substrate, first and second AlGaN layers, an AlGaN-based active layer. Liu et al. do not appear to teach a seed crystal layer of an AlxGa1-xN (0.5<x≤1) or the first conductive clad layer containing AlyGa1-yN (0.5<y≤1) as a main component.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DOUGLAS W OWENS whose telephone number is (571)272-1662. The examiner can normally be reached M-F 5:30-1:30.
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DOUGLAS W. OWENS, Esq.
Primary Patent Examiner
Art Unit 2897
/DOUGLAS W OWENS/Primary Patent Examiner, Art Unit 2897