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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the limitations of claims 1-21 are not shown, they must be shown or the feature(s) canceled from the claim(s). No new matter should be entered. That is, claim 1-21 recites specific structures that need to be shown via drawings. The current drawings do no depict the limitations. Applicant is advised to include drawings depicting the limitations.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claims 1-21 are objected to because of the following informalities: The claims pages include line numbers that should be deleted. Appropriate correction is required.
Claim Rejections - 35 USC § 112
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.
Claims 1-21 are 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.
Regarding claim 1, the limitation: “wherein the GaN epitaxial substrate includes a point A and a point B positioned on a straight line parallel to a [0001] axis passing through the point A, the point B being present in a [0001] axis direction relative to the point A” is not clear because point A.B are not defined and the drawings are silent pertaining to describing the points. Also, Mn is not defined and its ratio is not clear.
Regarding claim 2, the limitation: “wherein the GaN epitaxial substrate includes a point A’ and a point B’ positioned on a straight line parallel to a [0001] axis passing through the point A, the point B being present in a [0001] axis direction relative to the point A” is not clear because point A’B’ are not defined and the drawings are silent pertaining to describing the points. Also, Mn is not defined and its ratio is not clear.
Regarding claim 3, the limitation: “wherein the GaN epitaxial substrate includes a point A” and a point B” positioned on a straight line parallel to a [0001] axis passing through the point A, the point B being present in a [0001] axis direction relative to the point A” is not clear because point A”B” are not defined and the drawings are silent pertaining to describing the points. Also, Mn is not defined and its ratio is not clear.
Regarding claim 4, the limitation: “wherein the GaN epitaxial substrate includes a point A’’’ and a point B’’’ positioned on a straight line parallel to a [0001] axis passing through the point A’’’, the point B’’’ being present in a [0001] axis direction relative to the point A”’ is not clear because point A’’’B’’’ are not defined and the drawings are silent pertaining to describing the points. Also, Mn is not defined and its ratio is not clear.
Regarding claim 12, Mn is not defined and its ratio is not clear. The C-containing layer is not defined.
Regarding claim 19, the GaN epitaxial substrate includes a point A and a point B positioned on a straight line parallel to a [0001] axis passing through the point A, the point B being present in a [0001] axis direction relative to the point A is not clear because point A B are not defined and the drawings are silent pertaining to describing the points. Also, Mn is not defined and its ratio is not clear.
Claims 5-11,13-18,21 will inherit the 112 deficiencies and are rejected under 112.
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.
Claim(s) 1-21 is/are rejected under 35 U.S.C. 103 as being unpatentable over LEONE STEFANO ET AL: "Suppression of Iron Memory Effect in GaN Epitaxial Layers", PHYSICA STATUS SOLIDI B, vol. 255, no. 5, 18 October 2017, XP093269413 in view of IWINSKA MALGORZATA ET AL: "Iron and manganese as dopants used in the crystallization of highly resistive HVPE-GaN on native seeds", JAPANESE JOURNAL OF APPLIED PHYSICS, vol. 58, no. SC, 22 May 2019, page SC1047, XP093087275.
Regarding claim 1,2,3,4, Stephano discloses (see in particular section "Results", figure 1, 2): a GaN epitaxial substrate comprising: a GaN substrate (u-GaN); and
a GaN buffer layer (Fe doped GaN) epitaxially grown on the GaN substrate,
wherein the GaN epitaxial substrate includes a point A and a point B positioned on a straight line parallel to a [0001] axis passing through the point A, the point B being present in a [0001] axis direction relative to the point A, the point A is present in the GaN substrate or the GaN buffer layer, the point B is present in the GaN buffer layer, a ratio ([FeMn /[FeMn ]A) is 1/100, [FeMn]A being a FeMn concentration of the point A
and [FeMn]B being a FeMn concentration of the point B, and a distance between the point A and the point B is 0.7 µm or less (see figure 2 and associated text: drop in Fe concentration [Fe] from ~ 10¹⁸ cm⁻³ to below the detection limit (1-2 X 10¹⁶ cm⁻³) in
700 nm), wherein the GaN epitaxial substrate includes a point A' and a point B' positioned on a straight line parallel to a [0001] axis passing through the point A', the point B' being present in a [0001] axis direction relative to the point A', the point A' is
present in the GaN substrate or the GaN buffer layer, the point B' is present in the GaN buffer layer, a ratio is 1/10, [FeMn]A being a FeMn concentration of the point A'
and [FeMn]B, being a FeMn concentration of the point B', and a distance between the point A' and the point B' is 0.4 µm or less (see figure 2 and associated text: drop in Fe concentration [Fe] from ~ ~10¹⁸ cm⁻³ to below the detection limit (1-2 X 10¹⁶
cm⁻³) in 400 nm), a distance between the point A and the point B.
Stefano differs from the claimed invention because he does not explicitly disclose a device wherein the GaN epitaxial substrate is compensation doped with Mn.
Malgorzata, see in particular the abstract, reports a comparison of Fe and Mn as compensation dopants to obtain SI GaN. Malgorzata teaches than Mn doping results in better structural quality and higher resistivity than Fe doping of GaN. Since the purpose of compensation doping is to increase resistivity, and the skilled person always attempts to increase structural quality of epitaxial layers, the skilled person will not hesitate to apply the teachings of Malgorzata to the disclosure of Stefano, replacing Fe by Mn (SC1047-1[2]). Since Fe and Mn, being neighboring elements in the periodic table, have similar size, the skilled person will realize that they will exhibit similar diffusion behaviour. Therefore, the suppression of outward diffusion by means of a C-doped GaN layer, as taught by D1, will hold equally for Mn doped Si GaN (SC1047-1[2]).
Malgorzata is evidence that ordinary workers skilled in the art would find reasons, suggestions or motivations to modify the device of Stefano. Therefore, at the time the invention was made; It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the teaching of Malgorzata in the device of Stefano because it will increase sensitivity and provide a device with high resistance (SC1047-2, [1]); a ratio can also be calculated (Table II, SC1047-5) discloses different Mn concentrations.
As for the distance between the point A and the point B being 0.7,0.4, μm or less, Applicant did not show criticality of the particular value of the distance. To establish unexpected results over a claimed range or optimum value, applicants should compare a sufficient number of tests both inside and outside the claimed range to show the criticality of the claimed range. In re Hill, 284 F.2d 955, 128 USPQ 197 (CCPA 1960).
Regarding claims 5-11, Stefano in view of Malgorzata discloses an GaN epitaxial substrate wherein the [Mn].sub.A is 1×10.sup.17 atoms/cm.sup.3 or more (SC1047-5); wherein the point A is present in the GaN substrate; wherein the GaN buffer layer includes a C-containing region having a C concentration of 1×10.sup.16 atoms/cm.sup.3 or more (SC1047-5), and the point B is present in the C-containing region; wherein at least one of the GaN substrate or the GaN buffer layer includes a Mn-doped layer; wherein the GaN substrate includes the Mn-doped layer, and the point A is present in the Mn-doped layer (SC1047-5); wherein the GaN buffer layer has an i-GaN layer in the [0001] axis direction relative to the C-containing region (SC1047-1, [1]); further comprising: a nitride semiconductor barrier layer on the GaN buffer layer (SC1047-5).
As for the particular value of the concentration, Applicant did not show criticality of the particular value of the distance. To establish unexpected results over a claimed range or optimum value, applicants should compare a sufficient number of tests both inside and outside the claimed range to show the criticality of the claimed range. In re Hill, 284 F.2d 955, 128 USPQ 197 (CCPA 1960).
Regarding claim 12, Stefano in view of Malgorzata discloses (SC1047-1, [1,2]) a GaN epitaxial substrate comprising: a GaN substrate (SC1047-1, [1,2]); and a GaN buffer layer epitaxially grown on the GaN substrate (SC1047-1, [1,2]), wherein at least one of the GaN substrate or the GaN buffer layer includes a Mn-doped layer obtained by doping with Mn (SC1047-1, [1,2]), the GaN buffer layer includes a C-containing layer (SC1047-1, [1,2]), and the C-containing layer is present in a [0001] axis direction relative to the Mn-doped layer, and has a C concentration of 1×10.sup.16 atoms/cm.sup.3 or more (SC1047-1, [1,2]).
Malgorzata is evidence that ordinary workers skilled in the art would find reasons, suggestions or motivations to modify the device of Stefano. Therefore, at the time the invention was made; It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the teaching of Malgorzata in the device of Stefano because it will increase sensitivity and provide a device with high resistance (SC1047-2, [1]); a ratio can also be calculated (Table II, SC1047-5) discloses different Mn concentrations.
As for the particular value of the concentration, Applicant did not show criticality of the particular value of the distance. To establish unexpected results over a claimed range or optimum value, applicants should compare a sufficient number of tests both inside and outside the claimed range to show the criticality of the claimed range. In re Hill, 284 F.2d 955, 128 USPQ 197 (CCPA 1960).
Regarding claims 13-21, Stefano in view of Malgorzata discloses (SC1047-1, [1,2]) a GaN epitaxial substrate wherein the GaN substrate includes the Mn-doped layer; wherein the Mn-doped layer has a Mn concentration of 1×10.sup.17 atoms/cm.sup.3 or more (SC1047-5, [1,2]); wherein the C-containing layer is a layer doped with C (SC1047-1, [1,2]); wherein the C-containing layer has a C concentration of less than 1×10.sup.18 atoms/cm.sup.3; wherein a GaN region present in the C-containing layer or in the [0001] axis direction relative to the C-containing layer in the GaN buffer layer has a Mn concentration of less than 1×10.sup.17 atoms/cm.sup.3 (SC1047-1, [1,2]); wherein the GaN region has a Mn concentration of 1×10.sup.16 atoms/cm.sup.3 or less (SC1047-1, [1,2]); wherein the GaN substrate or the GaN buffer layer includes a point A, the GaN buffer layer includes a point B positioned on a straight line parallel to a [0001] axis passing through the point A, and the point B being present in the [0001] axis direction relative to the point A (SC1047-1, [1,2]), a ratio ([Mn].sub.B/[Mn].sub.A) is 1/100, [Mn].sub.A being a Mn concentration of the point A, and [Mn].sub.B being a Mn concentration of the point B, and a distance between the point A and the point B is 0.7 μm or less (SC1047-1, [1,2]); wherein the GaN buffer layer has an i-GaN layer in the [0001] axis direction relative to the C-containing layer; further comprising: a nitride semiconductor barrier layer on the GaN buffer layer (SC1047-1, SC1047-5 [1,2]).
As for the particular value of the concentration, Applicant did not show criticality of the particular value of the distance. To establish unexpected results over a claimed range or optimum value, applicants should compare a sufficient number of tests both inside and outside the claimed range to show the criticality of the claimed range. In re Hill, 284 F.2d 955, 128 USPQ 197 (CCPA 1960).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARC-ANTHONY ARMAND whose telephone number is (571)272-5178. The examiner can normally be reached 8am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Steven B Gauthier can be reached at 571-270-0373. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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MARC - ANTHONY ARMAND
Primary Examiner
Art Unit 2813
/MARC-ANTHONY ARMAND/ Primary Examiner, Art Unit 2813
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