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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 5/6/2025 was filed. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Specification
The abstract and title are consistent with the requirements set forth in the MPEP 608.01(b) and 606, respectively.
Claim Objections
Claim 1 is objected to because of the following informalities: Ga in line 10 should “Gallium (Ga)” similar to how the other elements were first introduced in the claims. 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 1-10 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.
Claim 1 recites the limitation "the upper surface of the base layer" in lines 7-8. There is insufficient antecedent basis for this limitation in the claim because there is no previous mention of an upper surface of the base layer in the claim. For examination purposes and for proper antecedence, the limitation is being interpreted as "an upper surface of the base layer." Appropriate correction is required.
Claim 4 recites the limitation "the outer surface of the 3D micro-curved epitaxial structural unit" in lines 2. There is insufficient antecedent basis for this limitation in the claim because there is no previous mention of an outer surface of the 3D micro-curved epitaxial structural unit in the claim. For examination purposes and for proper antecedence, the limitation is being interpreted as "an outer surface of the 3D micro-curved epitaxial structural unit." Appropriate correction is required.
Claim 6 recites the limitation "the upper surface of the base layer" and “the upper surface of the mask layer” in lines 7 and 12, respectively. There is insufficient antecedent basis for this limitation in the claim because there is no previous mention of an upper surface of the base layer and an upper surface of the mask layer in the claim. For examination purposes and for proper antecedence, the limitations are being interpreted as "an upper surface of the base layer" and “an upper surface of the mask layer.” Appropriate correction is required. Claim 9 recites the limitation "wherein the vertical height of each of the plurality of the 3D micro-curved epitaxial structural units from the bottom of the groove to the top of the upper surface" in lines 2-3. There is insufficient antecedent basis for this limitation in the claim because there is no previous mention of a vertical height, a bottom of the groove and a top of the upper surface. For examination purposes and for proper antecedence, the limitation is being interpreted as "wherein a vertical height of each of the plurality of the 3D micro-curved epitaxial structural units from a bottom of the groove to a top of the upper surface." Appropriate correction is required.
Claims 2-3, 5, 7-8 and 10 are also rejected under 35 U.S.C. 112(b) as being indefinite for further limiting and dependent on indefinite claims 1 and 6.
Allowable Subject Matter
Regarding claim 6, Li et al., US PGPub. 2019/0214487 teaches a three-dimensional (3D) micro-curved epitaxial functional structure (fig. 20), comprising: a base layer (substrate 201, fig. 20) [0068], which includes a first epitaxial layer (210, fig. 18) [0058], arranged sequentially from bottom to top; a mask layer (203, fig. 20) [0068] located above the base layer (201); the mask layer (203)provided with grooves (where 215 are located, fig. 20; hereinafter called 203G) distributed at intervals; a plurality of 3D micro-curved epitaxial structural units (215, fig. 20) [0069], wherein a bottom part of each of the plurality of 3D micro-curved epitaxial structural units (215) is filled with the corresponding groove (203G), and an upper surface is a smooth 3D micro-curved structure (215), and each of the plurality of 3D micro-curved epitaxial structural units (215) is in contact with (an end/edge/corner of the upper surface, fig. 20) the upper surface of the mask layer (203) (Li et al., fig. 20). But Li fails to teach wherein a base layer (substrate 201) includes at least a sapphire substrate layer and a first epitaxial layer (210); and wherein the grooves (203G) penetrate the mask layer (203) and expose the upper surface of the base layer (201).
Claims 1-10 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter: the prior arts of record taken alone or in combination neither anticipates nor renders obvious a method for preparing a three-dimensional (3D) micro-curved epitaxial functional structure, comprising “step S3 of dry etching the mask layer to form spaced grooves, wherein the grooves penetrate through the mask layer and have their bottoms positioned on the upper surface of the base layer, to obtain a sample” in combination with “step S5 of performing photolithography on the 3D micro-curved epitaxial structural units to define an area to be etched; step S6 of wet etching the area to be etched to form a structure comprising one polar plane F3 and two semi-polar planes F1” and “a curvature of the 3D micro-curved epitaxial structural units is 1000R to 1800R” as recited in claim 1; and a three-dimensional (3D) micro-curved epitaxial functional structure comprising “a base layer, which includes at least a sapphire substrate layer and a first epitaxial layer, arranged sequentially from bottom to top,” wherein “the mask layer provided with grooves distributed at intervals, wherein the grooves penetrate the mask layer and expose the upper surface of the base layer” in combination with the limitation wherein “each of the plurality of 3D micro-curved epitaxial structural units is in contact with the upper surface of the mask layer” as recited in claim 6.
Claims 2-5 and 6-10 would also be allowable for further limiting and depending upon allowable claims 1 and 6.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Lee et al. US Pat 10,366,884 (fig. 3D) and Lee et al. US Pat 9,378,950 (fig. 1F) both teach an epitaxial structure with a mask layer on a base layer, the mask having grooves with epitaxial structure in the grooves but the surface of the epitaxial layers are not curved.
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/NDUKA E OJEH/Primary Examiner, Art Unit 2892
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