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 .
Allowable Subject Matter
The indicated allowability of claim 23 is withdrawn in view of the newly discovered reference(s) to Lee et al. Rejections based on the newly cited reference(s) follow.
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)(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.
Claims 16 – 17, 19 and 21 – 26 are rejected under 35 U.S.C. 102(1)(1) as being anticipated by Lee et al. (Self-Assembly Semipolar AlN Nanopyramids Grown on Powder-Compressed AlN Substrates).
(Claim 16) Lee et al. teach a method for producing a growth substrate, the method comprising:
providing a polycrystalline substrate comprising a nitride compound semiconductor material (fig. 2A, poly-AlN substrate);
applying at least one surface layer (fig. 2A, AlN sputtered) onto a main surface of the polycrystalline substrate by sputtering or atomic layer deposition (pages 1 – 2), wherein the at least one surface layer comprises a nitride compound semiconductor material,
wherein the at least one surface layer is configured for epitaxial growth of an epitaxial semiconductor layer sequence (see, heading 2. Experimental, “to improve crystallinity”); and
a high-temperature annealing of the polycrystalline substrate with the at least one surface layer applied thereto (see, heading 2. Experimental).
(Claim 17) Lee et al. teach wherein the polycrystalline substrate comprises aluminum nitride, and wherein the at least one surface layer comprises aluminum nitride or indium gallium nitride (page 1).
(Claim 19) Lee et al. teach the method, further comprising applying a further surface layer by metal-organic chemical vapor deposition or by sputtering before the high-temperature annealing (page 1, layers are formed until a desired thickness is reached).
(Claim 21) Lee et al. teach the method, further comprising epitaxially growing a buffer layer on the surface layer after the high-temperature annealing (page 2, from last paragraph to page 3).
(Claim 22) Lee et al. teach wherein the buffer layer comprises aluminum nitride or indium gallium nitride (pages 3 – 4).
(Claim 23) Lee et al. teach a growth substrate comprising:
a polycrystalline substrate comprising a nitride compound semiconductor material and having a main surface (fig. 2A); and
at least one surface layer comprising a nitride compound semiconductor material and arranged on the main surface of the polycrystalline substrate (pages 1 – 4),
wherein the surface layer is configured for epitaxial growth of an epitaxial semiconductor layer sequence, and
wherein the at least one surface layer comprises columnar crystallites ( pages 1 – 4, nanopyramids).
(Claim 24) Lee et al. teach wherein the polycrystalline substrate comprises aluminum nitride (fig. 2A).
(Claim 25) Lee et al. teach wherein the at least one surface layer comprises aluminum nitride or indium gallium nitride (fig. 2A).
(Claim 26) Lee et al. teach wherein the at least one surface layer has a thickness between 10 nanometers and 5000 nanometers, inclusive (fig. 2A).
Claim Rejections - 35 USC § 103
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 20 and 27 are rejected under 35 U.S.C. 103 as being unpatentable over Lee et al. (Self-Assembly Semipolar AlN Nanopyramids Grown on Powder-Compressed AlN Substrates) in view of Miyashita et al. (US 2013/0157445).
(Claim 20) Lee et al. lack the method, further comprising planarizing the at least one surface layer by a chemical-mechanical polishing process after the high- temperature annealing.
However, Miyashita et al. teach planarizing the at least one surface layer by a chemical-mechanical polishing process for the benefit of obtaining a flat face for improved crystal growth (paragraph 32).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the references for the benefit of obtaining a flat face for improved crystal growth.
(Claim 27) Lee et al. lack wherein the polycrystalline substrate has a diameter of at least 100 millimeters and a maximum thickness of 1000 micrometers.
However, Miyashita et al. teach wherein the polycrystalline substrate has a diameter of at least 50 millimeters (paragraph 14) and a maximum thickness of 3000 micrometers (paragraph 15) for the benefit of regulating the thermal expansion (paragraph 35).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the references for the benefit of regulating the thermal expansion.
Claims 31 – 32 are rejected under 35 U.S.C. 103 as being unpatentable over Lee et al. (Self-Assembly Semipolar AlN Nanopyramids Grown on Powder-Compressed AlN Substrates) in view of Lin et al. (CN 201347222).
(Claim 31) Lee et al. teach a method for producing a growth substrate, the method comprising:
providing a polycrystalline substrate comprising a nitride compound semiconductor material;
applying at least one surface layer onto a main surface of the polycrystalline substrate, wherein the at least one surface layer comprises a nitride compound semiconductor material, and
a high-temperature annealing of the polycrystalline substrate with the at least one surface layer applied thereto; and
epitaxially growing a buffer layer on the surface layer after the high-temperature annealing (pages 1 – 5).
Lee et al. lack wherein the at least one surface layer is configured for epitaxial growth of an epitaxial semiconductor layer sequence.
However, Lin teaches wherein the at least one surface layer is configured for epitaxial growth of an epitaxial semiconductor layer sequence for the benefit of preventing abnormal operation of a light emitting device (figs. 3).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the references for the benefit of forming a light emitting device.
(Claim 32) Lee et al. teach wherein the buffer layer comprises aluminum nitride or indium gallium nitride (fig. 2A).
Allowable Subject Matter
Claims 28 – 30 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
(Claim 28) applying connecting contacts for the plurality of optoelectronic semiconductor chips on the epitaxial semiconductor layer sequence;
applying a carrier substrate on the connecting contacts;
detaching the growth substrate from the epitaxial semiconductor layer sequence; and
singulating the optoelectronic semiconductor chips.
Contact Information
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/IGWE U ANYA/Primary Examiner, Art Unit 2891
September 19, 2026
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