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 Group I, claims 1-15 in the reply filed on 07/28/2026 is acknowledged.
Claims 16-23 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.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 07/28/2026.
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.
Claim(s) 1-2 and 10-11 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zheng et al (CN 113192820 A), an English computer translation (CT) is provided.
Zhang et al teaches a method of fabricating a Group III nitride layer (AlN) on a (Si) substrate, the method comprising: placing a substrate comprising a growth surface in a MOPVE (Metal Organic Vapour Phase Epitaxy) apparatus (CT [0011]); at a first substrate temperature, supplying the MOPVE apparatus with a nitrogen-containing gas and no Group III element-containing gas for a first time period (CT [n0007], [0012] teaches pretreatment at 1000-1300°C by introducing NH3 first and then TmIn); after expiry of the first time period, stopping the supply of the nitrogen-containing gas to the MOPVE apparatus at a second substrate temperature that is less than the first substrate temperature (CT [0030]-[0032] teaches stopping the flow of NH3 after the pretreatment step and cool down to 960°C under a H2 atmosphere), supplying a Group III element-containing gas and no nitrogen-containing gas to the MOPVE apparatus for a second time period (CT [0032] teaches introducing a TMAl source to deposit an Al metal layer on the pretreated substrate); after expiry of the second time period, stopping the supply of the Group Ill element-containing gas to the MOPVE apparatus; increasing the second substrate temperature to a third substrate temperature that is greater than the second substrate temperature and holding the third substrate temperature for a third time period (CT [0033] teaches the temperature is raised to 1250°C and the atmosphere is switched to a H2/N2 atmosphere and the period of time is not specified so any period of time, such as a nano-second reads on the claim which would include the time required to open valves to supply gases); and after expiry of the third time period, supplying the Group III element-containing gas and the nitrogen-containing gas to the MOPVE apparatus and forming a Group III nitride layer on the growth surface (CT [0033] teaches TMAl and NH3 are supplied at 1250°C to grow an AlN layer).
Referring to claim 2, Zheng et al teaches AlN (CT [0033]).
Referring to claim 10, Zheng et al teaches Si substrate (CT [n0005], [0011]).
Referring to claim 11, Zheng et al teaches the same method, therefore, the effects would be expected to be the same. Zheng et al also teaches introduce NH3 forms SiN and TMAl to form AlN (Zheng CT [n0004])
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.
Claim(s) 3-4, 6 and 13-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zheng et al (CN 113192820 A), an English computer translation (CT) is provided, as applied to claims 1-2 and 10-11 above, and further in view of Choi et al (KR 2001-0011232), an English computer translation (CT2) is provided.
Zheng et al teaches all of the limitations of claim 3, as discussed above, except forming the Group III nitride layer on the growth surface comprises: supplying the Group III element-containing gas and the nitrogen-containing gas to the MOPVE apparatus at a fourth substrate temperature that is less than the third substrate temperature but greater than the second substrate temperature and increasing the temperature to a fifth substrate temperature than is greater than the fourth substrate temperature.
In a method of making a group III nitride device, Choi et al (‘232) teaches first epitaxial layer of an Inx1Aly1Ga1-x1-y1N nitride semiconductor(30) at the first temperature on an upper part of a substrate(10); forming at least one or more dislocation reduction induction layer(35) including a nitride semiconductor layer containing an indium at the second temperature lower than the first temperature on the first epitaxial layer; and forming the second epitaxial layer of an Inx2Aly2Ga1-x2-y2N nitride semiconductor(31) at the third temperature higher than the second temperature on the highest part of the dislocation reduction induction layer. The method further comprises the step of forming an intermediate layer of an Inx3Aly3Ga1-x3-y3N nitride semiconductor coating the dislocation reduction induction layer at the fourth temperature higher than the second temperature when the dislocation reduction induction layer is more than two layer (CT2 abstract). Choi et al teaches growth temperatures of the first epitaxial layer 30, the second epitaxial layer 31, and the high temperature intermediate layers 40, 50, 60 and 70 were all 1040°C; this growth temperature can be adjusted within the range of 900°C to 1150°C ; each of the potential reduction layers 35, 45, 65, 75 is a 50 Å thick GaN layer grown at 1040°C to 760°C, a 50 Å thick GaN layer grown at 760°C, and 760°C; 50 Å thick GaN layer grown at 760°C, 50 Å thick GaN layer grown at 760°C, and 50 Å thick GaN layer grown at 760°C to 1040°C were sequentially stacked to reducing the potential defect density over the entire area of the substrate (CT2 pg 5-7). Choi et al clearly teaches temperature is a result effective variable, and changing temperature from high to a low temperature during epitaxial growth to reduce defects.
It would have been obvious to one of ordinary skill in the art at the time of filing to modify Zheng et al by forming the Group III nitride layer on the growth surface comprises: supplying the Group III element-containing gas and the nitrogen-containing gas to the MOPVE apparatus at a fourth substrate temperature that is less than the third substrate temperature but greater than the second substrate temperature and increasing the temperature to a fifth substrate temperature than is greater than the fourth substrate temperature, as taught by Choi et al, to reduce the potential defect density.
Referring to claim 4, the combination of Zheng et al and Choi et al teaches a fourth and fifth substrate temperature during growth of a plurality of growth layer, which requires holding the temperature during growth.
Referring to claim 6, the combination of Zheng et al and Choi et al teaches controlling the temperature (Zheng CT [0030]) and Choi CT2 pg 5-7); therefore, a heater controller would have been obvious to one of ordinary skill in the art at the time of filing to control the temperature to achieve the desired temperatures.
Referring to claim 14, the combination of Zheng et al and Choi et al teaches forming a plurality of Group III nitride layers forming transistors and light emitting diodes (Choi CT2 pg 7), which clearly suggests forming group III nitride buffer layers, group III nitride channel layer, group III nitride barrier layer and heterojunction.
Referring to claim 13 and 15, the combination of Zheng et al and Choi et al teaches forming a plurality of Group III nitride forming transistors and light emitting diodes (Choi CT2 pg 7).
Claim(s) 5 and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zheng et al (CN 113192820 A), an English computer translation (CT) is provided in view of Choi et al (KR 2001-0011232), an English computer translation (CT2) is provided, as applied to claims 1-4 above, and further in view of Choi et al (KR 2013-0106925), an English computer translation (CT3) is provided
The combination of Zheng et al and Choi et al (‘232) teaches all of the limitations of claim 5, as discussed above, except the time periods. The combination of Zheng et al and Choi et al (‘232) teaches a range of growth temperatures which overlap the claimed temperatures (See Choi CT2 pg 5-6). Overlapping ranges are prima facie obvious (MPEP 2144.05) and It would have been obvious to one of ordinary skill in the art at the time of filing to modify the combination of Zheng et al and Choi et al (‘232) by optimizing the temperatures during each step for each temperature range by conducting routine experimentation of a result effective variable (MPEP 2144.05).
In an MOCVD growth method of group III-nitrides, Choi et al (‘925) teaches growing the first semiconductor layer may include, after the medium temperature buffer layer is formed, stopping the supply of a gallium source, raising the temperature of the gallium nitride substrate to the first semiconductor layer growth temperature, maintaining the gallium nitride substrate at the first semiconductor layer growth temperature for a period between 3 and 10 minutes, and resuming the supply of a gallium source to grow a gallium nitride-based layer on the medium-temperature buffer layer (CT3 page 7). Overlapping ranges are prima facie obvious (MPEP 2144.05).
It would have been obvious to one of ordinary skill in the art at the time of filing to modify Zhang et al by holding/maintaining the temperature after each temperature change for 3-10 minutes, as taught by Choi et al (‘925), to ensure a stable temperature prior to growth. Also, It would have been obvious to one of ordinary skill in the art at the time of filing to modify combination of Zheng et al and Choi et al (‘232) by optimizing the time during growth to grow a layer of desired thickness.
Referring to claim 9, the combination of Zheng et al, Choi et al (‘232) and Choi et al (‘925) teaches holding temperature prior to supplying process gases (Choi ‘925 CT3 page 7).
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zheng et al (CN 113192820 A), an English computer translation (CT) is provided, as applied to claims 1-2, and further in view of Li et al (CN 103031596), an English computer translation (CT4) is provided.
Zheng et al teaches all of the limitations of claim 7, as discussed above, except lowering the temperature while supplying nitrogen containing gas.
In a method of aluminum nitride material, Li et al teaches placing the substrate in a metal-organic chemical vapor deposition system and heating and baking it under high temperature and high pressure for 3-5 minutes to clean the substrate surface; (2) then at 1000-1050℃, with a reaction chamber pressure of 300-500 torr, ammonia gas is introduced and nitriding reaction is carried out for 1-3 minutes; (3) lowering the temperature to 550-600℃, with a pressure of 100-150 torr, and continuing to introduce ammonia gas (CT4 [0010]).
It would have been obvious to one of ordinary skill in the art at the time of filing to modify Zheng et al to lowering the temperature while supplying nitrogen containing gas, as taught by Li et al, to nitride the substrate during the cooling process.
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zheng et al (CN 113192820 A), an English computer translation (CT) is provided, as applied to claims 1-2, and further in view of Hu et al (CN 114284409), an English computer translation (CT5) is provided.
Zheng et al teaches all of the limitations of claim 8, as discussed above, except supplying a hydrogen containing gas that is free of nitrogen and Group III elements to the MOVPE apparatus.
In a method of making AlN, Hu et al teaches a grown AlN buffer layer 210 was annealed in situ in a hydrogen atmosphere during MOCVD, wherein the temperature was raised to between 1000-1200℃ for 5-10 minutes, and the main purpose of the annealing was to release the stress between the AlN buffer layer 210 and the substrate 100 (CT5 [n0022]).
It would have been obvious to one of ordinary skill in the art at the time of filing to modify Zheng et al by supplying a hydrogen containing gas that is free of nitrogen and Group III elements to the MOVPE apparatus, as taught by Hu et al, to release stress.
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zheng et al (CN 113192820 A), an English computer translation (CT) is provided, as applied to claims 1-2, and further in view of Janzen et al (US 2017/0365469).
Zheng et al teaches all of the limitations of claim 12, as discussed above, except the FWHM of the AlN layer. Zheng et al teaches a (111) Si substrate (CT [0028]).
In a method of making AlN by MOCVD, Janzen et al teaches rocking curves of the AlN (002) peak of AlN nucleation layers has a FWHM of 42 arcsec while the AlN (002) peak of the reference AlN nucleation layer grown by the prior art method is wider and has a FWHM of 99 arcsec ([0087], [0119]).
It would have been obvious to one of ordinary skill in the art at the time of filing to modify Zheng et al forming a AlN having a FWHM of less than 1200 arcsec, as taught by Janzen et al, to produce a high quality AlN film.
Conclusion
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MATTHEW J. SONG
Examiner
Art Unit 1714
/MATTHEW J SONG/ Primary Examiner, Art Unit 1714
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