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 of Group II, claims 10-15, in the reply filed on 07 July 2026 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Claims 1-9 and 16-17 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.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 July 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.
Claims 10-14 are rejected under 35 U.S.C. 103 as being unpatentable over Keller et al. (US 12,159,929 B1) in view of Zhu et al. (US 2020/0227255 A1)(Zhu).
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Keller discloses a peeled intermediate article having the following layer structure as shown in Figure 8D:
(Note that the examiner manipulated the original patent drawings by rotating 8D and 8E so that they are readable in the same direction as the other layer structures. The substance remains the same.)
The remnants of a porous GaN layer (802) remain after peeling as shown in Figure 8D. See col. 7, line 47 to col. 8, line 12. The porous GaN layer in 8D corresponds to the claimed residual fragment of the void containing intermediate layer. Id. A GaN layer 804 (i.e., cover layer) is over the porous GaN (802/816). Additional layers of AlGaN (210), GaN (208), AlGaN (206), InGaN (806) are grown on the GaN layer 804 and correspond to the claimed regrowth layer. Id.
Keller differs from claim 10 by failing to disclose the porous GaN layer (802) is n-type, and the GaN layer (804) has a lower carrier concentration that the porous GaN layer (802/816).
Zhu discloses a method of porosifying a III-N layer to form pores. See the abstract. In the method, the surface GaN layer has a lower carrier concentration than the layer intended to be made porous. The layer to be made porous is a n-GaN layer. See paragraphs [0025]-[0026] and [0043].
Therefore, it would have been obvious to one of ordinary skill in the art at the time of filing to have formed the layer 802 as an n type GaN having a carrier concentration greater than the GaN layer 804. The rationale for doing so is that it was obvious to one of ordinary skill to have employed a known technique (i.e., a known porosifying process as described by Zhu) to a known device (i.e., the device of Keller) to achieve predictable results (i.e., a porous GaN layer). See MPEP 2143 1.C.
The limitations of claim 11 flow from the teachings of Zhu. Zhu teaches the threading dislocations in the surface layer (corresponding to the claimed cover layer) act as through layer pathways for the etchant. See paragraph [0183]. Thus, the etchant will act on the porous layer at the base of the threading locations.
As to claim 12, the combination of the references suggest he pores will be open at the underside.
As to claim 13, the method of Zhu results in pores having a size of greater than 1 nm and less than 70 nm. See paragraph [0074]. This range overlaps the claimed range and overlapping ranges have been held to establish prima facie obviousness. See MPEP 2144.05.
As to claim 14, Keller does not teach the thickness of the layer GaN layer 804. However, it has been held to have been obvious to one of ordinary skill in the art to have changed the size of a prior art device. See MPEP 2144.04 A. Moreover, Zhu teaches the surface layer (corresponding to the claimed cover layer) has a thickness of 10 nm to less than 2 µm. See paragraph [0062].
Allowable Subject Matter
Claim 15 is 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to David Sample whose telephone number is (571)272-1376. The examiner can normally be reached Monday to Friday 7AM to 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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/David Sample/Primary Examiner, Art Unit 1784
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