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 II, claims 14-18, in the reply filed on 03 June 2026 is acknowledged. The requirement is still deemed proper and is therefore made FINAL.
Claims 1-13 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.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 03 June 2026.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
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.
Claims 14-18 are rejected under 35 U.S.C. 103 as being unpatentable over Kaneko et al. (US 2019/0136411)in view of Rupp et al. (US 2017/0018614).
Considering claim 14, Kaneko teaches a SiC substrate with a graphene layer thereon (abstract) used in electronic devices (Paragraph 78). The SiC substrate is single crystal (Paragraph 59) and has an off-angle (Paragraph 13) which improves efficiency (Paragraph 16) and affords graphene with a desired bandgap (Paragraph 28) and the graphene is formed directly on the SiC substrate (Paragraph 12). However, Kaneko does not teach the claimed outer surface of the SiC substrate being Si- or C-terminated.
In a related field of endeavor, Rupp teaches semiconductor devices comprising a silicon carbide layer and at least one graphene layer (abstract). The graphene layer is formed on a silicon carbide substrate (Paragraph 22) on either a Si atom-terminated surface or C atom-terminated surface (Paragraph 26).
As both Kaneko and Rupp teach graphene coated SiC substrates they are considered analogous. It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the teachings of Kaneko with the Si- or C- atom terminated SiC surfaces as this is considered a combination of conventionally known SiC substrate features known to afford graphene layers and one would have had a reasonable expectation of success.
Considering claim 15, Kaneko teaches where the off-angle may be any value, but is preferably not more than 4° (Paragraph 78) overlapping that which is claimed and the courts have held that where claimed ranges overlap or lie inside of those disclosed in the prior art a prima facie case of obviousness exists. See MPEP 2144.05.
Considering claim 16, Kaneko teaches where the SiC substrate is 4H-SiC (Paragraph 15) (i.e. hexagonal crystal).
Considering claim 17, Kaneko teaches where the graphene layer is a single layer (Paragraph 23).
Considering claim 18, Rupp teaches where a further epitaxial SiC layer may be formed on the SiC substrate or graphene layer (Paragraphs 29 and 33) indicating that this is epitaxial to the underlying SiC substrate (e.g. the same crystal system).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Weber et al. (US 2014/0225066) and Boutchich et al. (US 2019/0035907) teach SiC substrates with Si/C-terminated surfaces and graphene layers. Myers-Ward et al. (US 2021/0125826) teaches SiC substrates with an off angle and graphene layers.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SETH DUMBRIS whose telephone number is (571)272-5105. The examiner can normally be reached M-F 6:00 AM - 3:30 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Humera Sheikh can be reached at 571-272-0604. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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SETH DUMBRIS
Primary Examiner
Art Unit 1784
/SETH DUMBRIS/Primary Examiner, Art Unit 1784
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