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 .
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.
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.
Claim(s) 1 to 3 and 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mori et al (2020/0263317) in view of Iwai (WO 2015/083768).
The Mori et al reference teaches a method for and product of growing group III nitride, note entire reference. The process comprises a first step which is a nucleation step for growing a plurality of nuclei (island-shaped gallium nitride crystal nuclei) on the surface of the seed crystal note fig 6 and para 0059. Then growing a gallium nitride layer using the plurality of nuclei, para 61. The next step of growing a GaN crystal on the surface of GaN seed crystals of a seed crystal substrate using a flux method. This comprising a pyramid growth step (first crystal growth step) of growing first GaN crystals having a pyramid shape, note para 0062. Then a lateral growth step (second crystal growth step) of flattening by filling the pyramid shaped gaps with a second GaN crystal. The lateral growth step, repeated immersion into the melt/pulling up, of the substrate increases the degree of supersaturation of GaN in the melt and promotes lateral growth para 0066 and 0067. The difference between the instant claim and the prior art is the temperature of the nuclei deposition. However, the Iwai et al reference teaches growth of gallium nitride nuclei using a flux method, similar to the Mori et al reference at temperatures above 875c with low dislocations note para 0041. It would have been obvious to one of ordinary skill in the art before the filing date of the instant invention to modify the Mori et al reference by the teachings of the Iwai et al reference to grow the nuclei at temperatures above 875 in order to lower dislocations in the seed and in the further grown layers.
With regards to claim 2, the Iwai et al reference teaches using temperatures above 875 reading on 880c or above, note para 0041.
With regards to claim 3, the Iwai et al reference teaches using temperatures above 875 reading on 880c to 900c range, note para 0041.
Claim(s) 4 and 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mori et al (2020/0263317) in view of Iwai (WO 2015/083768).
The Mori et al and Iwai references are relied on for the same reasons as stated, supra, and differ form the instant claims in the pressure range of the growth of nuclei. However, in the absence of unexpected results, it would have been obvious to one of ordinary skill in the art before the filing date of the instant invention to determine through routine experimentation the optimum, operable pressure range for the growth of the nuclei in the combined references in order to ensure a unform growth with less impurities.
Examiner’s Remarks
The remaining references are merely cited of interest as showing the state of the art in nitride growth methods.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT M KUNEMUND whose telephone number is (571)272-1464. The examiner can normally be reached M-F 8:00 am to 4:30 pm.
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RMK
/ROBERT M KUNEMUND/Primary Examiner, Art Unit 1714
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