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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 02/11/2026 has been entered.
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.
Claim(s) 1-6, and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Kiyoku (US 2005/0202682) in view of Guo (US 2021/0040605) and Miki (US 2009/0087936).
Regarding claim 1, Kiyoku discloses a semiconductor processing method comprising: forming a nucleation layer (Fig.1A, numeral 12) on a substrate (11), wherein the nucleation layer (12) is formed by physical vapor deposition ([0035]), and wherein the physical vapor deposition is characterized by a deposition temperature of greater than or about 400°C ([0035]); forming a patterned mask layer (13a)-(13e) on the nucleation layer (12), wherein the patterned mask layer (13a)-(133) comprises openings (14b)-(14c) that expose portions of the nucleation layer (12); and forming gallium-and-nitrogen containing regions (15) ([0037]; [0061]) on the exposed portions of the nucleation layer (12).
Kiyoku does not disclose (1) using a sputtering gas and a sputtering target; (2) deposition rate of less than or about less than 1A/second.
Regarding element (1), Kiyoku however discloses that nucleation layer is a nitride layer ([0035]). And Guo discloses forming a nitride layer using a sputtering gas and a sputtering target ([0013]).
It would have been therefore obvious to one of ordinary skill in the art at the time the invention was filed to modify Kiyoku with Gou to use a sputtering gas and a sputtering target for the purpose of forming a nitride layer (Gou, [0013]).
Regarding element (2), Miki discloses deposition rate less than 1A/second ([0041]).
It would have been therefore obvious to one of ordinary skill in the art at the time the invention was filed to modify Kiyoku in view of Gou with Miki to have deposition rate of less than 1A/second for the purpose of optimization crystalline structure of group III nitride film (Miki, [0041]).
Regarding claim 2, Kiyoku discloses wherein the substrate (11) comprises silicon ([0045]).
Regarding claim 3, Kiyoku discloses wherein the nucleation layer (12) comprises at least one metal nitride selected from the group consisting of aluminum nitride, hafnium nitride, niobium nitride, zirconium nitride, titanium nitride, and tungsten nitride ([0073]).
Regarding claim 4, Kiyoku discloses wherein the patterned mask layer (13) comprises silicon oxide, silicon-oxy-carbon, silicon nitride, titanium nitride, aluminum oxide, or amorphous carbon ([0048]).
Regarding claim 5, Kiyoku discloses wherein the forming of the nucleation layer (12) comprises: forming a first portion of the nucleation layer (Fig.5A, numeral 12) at a first PVD deposition rate ([0059)); and forming a second portion (15) of the nucleation layer at a second PVD deposition rate that is greater than the first deposition rate ([0062]; [0065]).
Regarding claim 6, Kiyoku discloses wherein the formation of the nucleation layer further comprises forming an interlayer (Fig.1A, numeral 13) on the first portion of the nucleation layer (12) before the formation of the second portion of the nucleation layer (15), wherein the interlayer (13) comprises silicon nitride ([0048]).
Regarding claim 8, Kiyoku discloses wherein the method further comprises annealing the gallium-and-nitrogen-containing regions ([0178]).
Claim 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kiyoku in view of Guo and Miki as applied to claims 1 above, and further in view of Cheng (US 2023/0073455).
Regarding claim 7, Kiyoku in view of Guo and Miki does not explicitly disclose wherein the forming of the gallium-and-nitrogen containing regions comprises the formation of gallium nitride regions with metal-organic chemical vapor deposition.
Cheng however discloses disclose wherein the forming of the gallium-and-nitrogen containing regions (Fig.5, numerals 13,1 5) comprises the formation of gallium nitride regions with metal-organic chemical vapor deposition ([0096]).
It would have been therefore obvious to one of ordinary skill in the art at the time the invention was filed to modify Kiyoku with Cheng to form gallium nitride regions with metal-organic chemical vapor deposition because this one of the typical methods for forming gallium nitride regions.
Allowable Subject Matter
Claims 9-14 are allowed.
The following is a statement of reasons for the indication of allowable subject matter: the search of the prior art does not disclose or reasonably suggest forming a second portion of the nucleation layer on the interlayer at a second power level greater than the first power level as required by amended independent claim 9.
Response to Arguments
Applicant’s arguments, see Remarks, filed 08/11/2025, with respect to 9-14 have been fully considered and are persuasive. The previous rejections of claims 9-14 have been withdrawn.
Applicant’s arguments with respect to claim(s) 1-8 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JULIA SLUTSKER whose telephone number is (571)270-3849. The examiner can normally be reached Monday-Friday, 9 am-6 pm.
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/JULIA SLUTSKER/Primary Examiner, Art Unit 2891
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