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 .
DETAILED ACTION
This action is responsive to application No. 18641707 filed on 4/22/2024.
Information Disclosure Statement
Acknowledgment is made of Applicant’s Information Disclosure Statement (IDS) form PTO-1449. These IDS has been considered.
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)(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 1-4 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Kowalsky et al. (US 2022/0254937).
Regarding Independent claim 1, Kowalsky et al. teach a diode comprising:
a first heavy doped n-type layer (Figs. 1 & 4, element 12, paragraph 0055);
a second gradient doped n-type layer (Figs. 1 & 4, element 14.1, paragraph 0056, 0069-0070);
a third gradient doped p-type layer (Figs. 1 & 4, element 14.2, paragraph 0056, 0069-0070); and
a fourth heavy doped p-type layer (Figs. 1 & 4, element 16, paragraph 0055);
wherein a first two-layered structures further comprises the first heavy doped n-type layer and the second gradient doped n-type layer (Figs. 1 & 4); wherein a second two-layered structure comprises the third gradient doped p-type layer and the fourth heavy doped p-type layer (Figs. 1 & 4); wherein the first and second respective two-layered structures are joined to define a four-layered assembly (Figs. 1 & 4 disclose the first and second respective two-layered structures joined to define a four-layered assembly) by fusion bonding the first and second respective gradient doped layers
(The limitation “by fusion bonding the first and second respective gradient doped layers” is a product-by-process limitation. Even though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process." In re Thorpe, 777 F.2d 695,698,227 USPQ 964, 966 (Fed. Cir. 1985) (citations omitted), MPEP §2113).
Regarding claim 2, Kowalsky et al. teach wherein the respective second and third gradient doped layers are produced by annealing in a reducing atmosphere (The limitation “wherein the respective second and third gradient doped layers are produced by annealing in a reducing atmosphere” is a product-by-process limitation. Even though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process." In re Thorpe, 777 F.2d 695,698,227 USPQ 964, 966 (Fed. Cir. 1985) (citations omitted), MPEP §2113).
Regarding claim 3, Kowalsky et al. teach wherein the reducing atmosphere is selected from the group comprising hydrogen, argon, and mixtures thereof (The limitation “wherein the reducing atmosphere is selected from the group comprising hydrogen, argon, and mixtures thereof” is a product-by-process limitation. Even though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process." In re Thorpe, 777 F.2d 695,698,227 USPQ 964, 966 (Fed. Cir. 1985) (citations omitted), MPEP §2113).
Regarding claim 4, Kowalsky et al. teach wherein annealing is performed at between 1100 and 1350 degrees Celsius (The limitation “teach wherein annealing is performed at between 1100 and 1350 degrees Celsius” is a product-by-process limitation. Even though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process." In re Thorpe, 777 F.2d 695,698,227 USPQ 964, 966 (Fed. Cir. 1985) (citations omitted), MPEP §2113).
Conclusion
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/SHAHED AHMED/
Primary Examiner, Art Unit 2813
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