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 .
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 7 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 7 is indefinite for failing to point out the invention. Claim 7 depends on claim 7 as written. A claim cannot depend upon itself. Correction is required and for this Office Action claim 7 is considered to depend on claim 1.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1 and 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hara (11,152,225) in view of CN114203548.
The Hara reference teaches a method of ion implanting a gallium oxide epitaxial layer, note, entire reference. A layer of gallium oxide is grown on a substrate under controlled conditions including temperature and pressure to create an epitaxial layer, note col 9, lines 10-20. Then an ion is implanted into the gallium oxide layer with a set energy level and incident angle, note example 1. The sole difference between the instant claim and the prior art is the specific element implanted, phosphorus. However, the CN114203548 reference teaches that phosphorus is an known element to be implanted into a layer of gallium oxide, note translation. It would have been obvious to one of ordinary skill in the art before the filing date of the instant invention to modify the Hara reference by the teachings of the CN114203548 to implant phosphorus ion into the gallium oxide in order to create the wanted conductivity of the layer, as the ions do materially affect that property.
With respect to claim 4, the Hara reference teaches a thickness of gallium oxide greater than 50nm. Note example
Claim(s) 2, 3 and 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hara (11,152,225) in view of CN114203548 and CN111916341.
The Hara and CN114203548 references are relied on for the same reasons as stated, supra, and differ from the instant claims the starting materials for MOCVD. However, the CN111916341 reference teaches gallium oxide grown by a metal organic chemical vapor deposition method with trimethyl or triethyl gallium and oxygen as starting materials, note translation. It would have been obvious to one of ordinary skill in the art before the filing date of the instant invention to modify the Hara reference by the teachings of the CN111916341 reference to use oxygen and an organogallium in order to grow a uniform single crystal layer of gallium oxide.
With regards to claim 5, the CN111916341 reference teaches deposition temperatures above 600c, translation.
Claim(s) 6 and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hara (11,152,225) in view of CN114203548 and CN111916341.
The Hara, CN111916341 and CN114203548 references are relied on for the same reasons as stated, supra, and differ from the instant claims in the energy beam strength. However, it would have been obvious to one of ordinary skill in the art before the filing date of the instant invention to determine though routine experimentation the optimum, operable ion implantation strength in the combined references in order to implant the phosphorus ions at the wanted depth and amount.
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hara (11,152,225) in view of CN114203548 and CN111916341.
The Hara, CN111916341 and CN114203548 references are relied on for the same reasons as stated, supra, and differ from the instant claims in the energy beam angle. However, it would have been obvious to one of ordinary skill in the art before the filing date of the instant invention to determine though routine experimentation the optimum, operable beam angle in the combined references in order to implant the phosphorus ions without loose of ions during implanting.
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hara (11,152,225) in view of CN114203548 and CN111916341.
The Hara, CN111916341 and CN114203548 references are relied on for the same reasons as stated, supra, and differ from the instant claim in the amount of ions implanted. However, it would have been obvious to one of ordinary skill in the art before the filing date of the instant invention to determine though routine experimentation the optimum, operable ion dose in the combined references in order to create the property desired in the gallium oxide.
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hara (11,152,225) in view of CN114203548 and CN111916341.
The Hara, CN111916341 and CN114203548 references are relied on for the same reasons as stated, supra, and differ from the instant claim in the annealing atmosphere. The Hara reference does teach annealing after ion implanting at temperatures of 1000c, note example. However, it would have been obvious to one of ordinary skill in the art before the filing date of the instant invention to determine though routine experimentation the optimum, operable atmosphere in the combined references in order to have a non-reactive atmosphere during annealing.
Examiner’s Remarks
The remaining references are merely cited of interest as showing the state of the art in ion implanting gallium oxide.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT M KUNEMUND whose telephone number is (571)272-1464. The examiner can normally be reached M-F 8:00 am to 4:30 pm.
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RMK
/ROBERT M KUNEMUND/ Primary Examiner, Art Unit 1714