DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the
first inventor to file provisions of the AIA .
General Remarks
2. 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 for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection.
3. When responding to this office action, applicants are advised to provide the examiner with paragraph numbers in the application and/or references cited to assist the examiner in locating appropriate paragraphs.
4. Per MPEP 2111 and 2111.01, the claims are given their broadest reasonable
interpretation and the words of the claims are given their plain meaning consistent with the specification without importing claim limitations from the specification.
Continued Examination Under 37 CFR 1.114
5. 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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 10/15/2025 has been entered.
Response to Arguments
6. Applicant's arguments filed 10/15/2025 have been fully considered but they are not persuasive. Regarding claims 1, 6 and 9, applicant argues the prior art does not teach the amended limitations, i.e. “etching the first AlN layer without using a mask to form a plurality of pieces of AlN seed crystals on the first main surface from the first AlN layer by sublimating the first AIN layer… forming a second AlN layer on the first main surface using the AlN seed crystals as growth nuclei, after etching the first AIN layer.”
Referring to ¶[0083] of Tezen, Yuta (Pub No. US 20060060866 A1) (hereinafter, Tezen) the amended limitations do not overcome the rejection of the prior art because sublimation of the first AlN layer (Buffer layer; 2) being a key aspect of the invention is an inherent characteristic during the process of stopping the supply of trimethylaluminum (TMA) gas (¶[0083]) to one of ordinary skill in the art. Unless applicant can prove sublimation would not occur during this process disclosed by Tezen, it is assumed to be an inherent feature of the process of claim 4. See MPEP § 2112 (II)
Further, per ¶[0035] of Tezen, the etching of the first AlN layer (Buffer layer; 2) occurs before the formation of the second AlN layer (Semiconductor layer; 31).
Claim Rejections - 35 USC § 102
7. 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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
8. Claims 1-5 and 7-13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tezen, Yuta (Pub No. US 20060060866 A1) (hereinafter, Tezen).
Tezen, Figs 10A-10B: Tenth features – AlN layer over substrate
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Re Claim 1, (Currently Amended) Tezen teaches a method of manufacturing a semiconductor device (Figs 10A-10D), the method comprising:
forming a first AlN layer (AlN buffer layer; 2; Fig 10A; ¶[0081]) on a first main surface (Upper surface of substrate 1; Fig 10A) of a single-crystal substrate (Substrate; 1; Fig 10A; Per ¶¶[0064-0065] substrate may be sapphire, silicon, silicon carbide, etc.)
etching (Etching or scribing; ¶[0035]) the first AIN layer without using a mask (Etching is directly on AlN buffer layer 2 without mask; Figs 10A-10B) to form a plurality of pieces of AlN seed crystals (Semiconductor layer; 32; Fig 10C; Per ¶[0059] semiconductor layer 32 serves as seeds for crystal growth, formed from AlN buffer layer 2) on the first main surface from the first AlN layer by sublimating the first AlN layer (Per ¶[0083] sublimation is an inherent feature of the process of stopping the supply of trimethylaluminum gas into the film formation chamber; See MPEP § 2122 (II)); and
Tezen, Figs 10C-10D: Seed crystals grown from AlN buffer layer
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and forming a second AlN layer (Semiconductor layer; 31; Figs 10C-10D; ¶[0035]) on the first main surface using the AlN seed crystals as growth nuclei (Seeds for crystal growth; ¶[0035]), after etching the first AlN layer (Forming second AlN layer occurs after etching the first AlN layer; Figs 10B – 10D; ¶[0035]).
Tezen, Fig 13: Semiconductor light-emitting device – fifth embodiment
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Re Claim 2, (Original) Tezen teaches the method of manufacturing a semiconductor device (Fig 13) according to claim 1, the method comprising forming a nitride semiconductor layer (N-type GaN layer; 103; Fig 13; ¶[0090]) containing Ga on an AlN layer (Wafer (Sapphire/AlN); 1000; Fig 13; Per ¶[0090] wafer layer 1000 comprises AlN buffer layer 2 over substrate 1)
Re Claim 3, (Original) Tezen teaches a method of manufacturing a semiconductor device according to claim 1, wherein in the forming a first AlN layer (AlN buffer layer; 2; Fig 10A; ¶[0081]), the first main surface (Upper surface of substrate 1; Fig 10A) is entirely covered with the first AlN layer (AlN buffer layer 2 covers entire upper surface of substrate 1; Fig 10A).
Re Claim 4, (Previously Presented) Tezen teaches the method of manufacturing a semiconductor device according to claim 1, wherein the forming a first AlN layer (AlN buffer layer; 2; Fig 10A; ¶[0081]) includes supplying a trimethylaluminum gas (Trimethylaluminum gas , i.e. TMA; ¶[0086]; Per ¶[0080] “the Group III nitride compound semiconductor of the present invention was fabricated by metal-organic vapor phase epitaxy (hereinafter called "MOVPE"). Typical gases used include Ammonia (NH3), Carrier gas (H2) and Trimethylaluminum (TMA)), an ammonia gas (Ammonia gas (NH3); ¶[0086]), and a hydrogen gas (Hydrogen carrier gas (H2); ¶[0086]) into a film formation chamber (MOVPE, includes using a film formation chamber; ¶[0080]);
wherein the etching the first AlN layer includes partly sublimating the first AlN layer by stopping supply (Stop supply of TMA after 3 minutes and replacing with NH3, H2, and TMG; ¶[0083]) of the trimethylaluminum gas (Trimethylaluminum gas , i.e. TMA; ¶[0084]) into the film formation chamber (MOVPE, includes using a film formation chamber; ¶[0080]) while maintaining supply of the hydrogen gas (Hydrogen carrier gas (H2); ¶[0084]) into the film formation chamber at a temperature of 1000 to 1200 degrees C inclusive (1150 degrees C; ¶[0084]).
Re Claim 5, (Previously Presented) Tezen teaches wherein in the etching (Per ¶[0083] the second embodiment discloses dicing after forming AlN buffer layer 2) the first AlN layer (AlN buffer layer; 2; Fig 10A; ¶[0083-0084]), supply of the ammonia gas (Ammonia gas (NH3); ¶[0083-0084]) into the film formation chamber is maintained while maintaining (Hydrogen supplied simultaneously with Ammonia; ¶[0083-0084]) supply of the hydrogen gas (Hydrogen carrier gas (H2); ¶[0083-0084]).
Tezen, Fig 12D: Fourth embodiment – Seed crystal height-to-step ratio
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Re Claim 7, (Previously Presented) Tezen teaches the method of manufacturing a semiconductor device (Fourth Embodiment; Fig 12D) according to claim 1,
wherein an average height of the AlN seed crystals (AlN layers; 20; Fig 12D; ¶[0088]) is 2.0 times or less (Less than 1.0 times trench depth of 10 microns; Fig 12D) than an average height (Depth; 10 microns; ¶[0088]) of a step (Trenches; Fig 12D) present on the first main surface (Upper surface of substrate 1; Fig 112D).
Re Claim 8, (Original) Tezen teaches the method of manufacturing a semiconductor device according to claim 1, wherein the single-crystal substrate (Substrate; 1; Fig 10A; Per ¶¶[0064-0065] substrate may be sapphire, silicon, silicon carbide, etc.) is an SiC single-crystal substrate (Crystalline substrate of SiC (Silicon Carbide); ¶[0065]).
Re Claim 9, (Currently Amended) Tezen teaches a method of manufacturing a semiconductor device (Figs 10A-10D), the method comprising:
forming a first AlN layer (AlN buffer layer; 2; Fig 10A; ¶[0081]) on a first main surface (Upper surface of substrate 1; Fig 10A) of a single-crystal substrate (Substrate; 1; Fig 10A; Per ¶¶[0064-0065] substrate may be sapphire, silicon, silicon carbide, etc.)
etching (Etching or scribing; ¶[0035]) the first AIN layer without using a mask (Etching is directly on AlN buffer layer 2 without mask; Figs 10A-10B) to form a plurality of pieces of AlN seed crystals (Semiconductor layer; 32; Fig 10C; Per ¶[0059] semiconductor layer 32 serves as seeds for crystal growth, formed from AlN buffer layer 2) on the first main surface from the first AlN layer by sublimating the first AlN layer (Per ¶[0083] sublimation is an inherent feature of the process of stopping the supply of trimethylaluminum gas into the film formation chamber; See MPEP § 2122 (II)); and
and forming a second AlN layer (Semiconductor layer; 31; Figs 10C-10D; ¶[0035]) on the first main surface using the AlN seed crystals as growth nuclei (Seeds for crystal growth; ¶[0035]) after etching the first AlN layer (Forming second AlN layer occurs after etching the first AlN layer; Figs 10B – 10D; ¶[0035]).
forming a nitride semiconductor layer (N-type GaN layer; 103; Fig 13; ¶[0090]) containing Ga on the second AlN layer (Wafer (Sapphire/AlN); 1000; Fig 13; Per ¶[0090] wafer layer 1000 comprises AlN buffer layer 2 over substrate 1).
wherein the forming the first AlN layer (AlN buffer layer; 2; Fig 10A; ¶[0081]) includes supplying a trimethylaluminum gas (Trimethylaluminum gas , i.e. TMA; ¶[0086]; Per ¶[0080] “the Group III nitride compound semiconductor of the present invention was fabricated by metal-organic vapor phase epitaxy (hereinafter called "MOVPE"). Typical gases used include Ammonia (NH3), Carrier gas (H2) and Trimethylaluminum (TMA)), an ammonia gas (Ammonia gas (NH3); ¶[0086]), and a hydrogen gas (Hydrogen carrier gas (H2); ¶[0086]) into a film formation chamber (MOVPE, includes using a film formation chamber; ¶[0080]) at a temperature of 1000C to 1200C (1150 degrees C; ¶[0086]) inclusive;
wherein the etching the first AlN layer includes partly sublimating the first AlN layer by stopping supply (Stop supply of TMA after 3 minutes and replacing with NH3, H2, and TMG; ¶[0083]) of the trimethylaluminum gas (Trimethylaluminum gas , i.e. TMA; ¶[0084]) into the film formation chamber (MOVPE, includes using a film formation chamber; ¶[0080]) while maintaining supply of the hydrogen gas (Hydrogen carrier gas (H2); ¶[0084]) into the film formation chamber at a temperature of 1000 to 1200 degrees C inclusive (1150 degrees C; ¶[0084]).
Re Claim 10, (New) Tezen teaches the method of manufacturing a semiconductor device according to claim 1, wherein the forming a first AlN layer (AlN buffer layer; 2; Fig 10A; ¶[0081]) includes supplying a trimethylaluminum gas (Trimethylaluminum gas , i.e. TMA; ¶[0086]; Per ¶[0080] “the Group III nitride compound semiconductor of the present invention was fabricated by metal-organic vapor phase epitaxy (hereinafter called "MOVPE"). Typical gases used include Ammonia (NH3), Carrier gas (H2) and Trimethylaluminum (TMA)), an ammonia gas (Ammonia gas (NH3); ¶[0086]), and a hydrogen gas (Hydrogen carrier gas (H2); ¶[0086]) into a film formation chamber (MOVPE, includes using a film formation chamber; ¶[0080]), and
wherein etching the first AlN layer includes stopping supply (Stop supply of TMA after 3 minutes and replacing with NH3, H2, and TMG; ¶[0083]) of the trimethylaluminum gas (Trimethylaluminum gas , i.e. TMA; ¶[0084]) into the film formation chamber (MOVPE, includes using a film formation chamber; ¶[0080]).
Re Claim 11, (New) Tezen teaches the method of manufacturing a semiconductor device according to claim 1, wherein the forming a first AlN layer (AlN buffer layer; 2; Fig 10A; ¶[0081]) includes supplying a trimethylaluminum gas (Trimethylaluminum gas , i.e. TMA; ¶[0086]; Per ¶[0080] “the Group III nitride compound semiconductor of the present invention was fabricated by metal-organic vapor phase epitaxy (hereinafter called "MOVPE"). Typical gases used include Ammonia (NH3), Carrier gas (H2) and Trimethylaluminum (TMA)), an ammonia gas (Ammonia gas (NH3); ¶[0086]), and a hydrogen gas (Hydrogen carrier gas (H2); ¶[0086]) into a film formation chamber (MOVPE, includes using a film formation chamber; ¶[0080]), and
wherein etching the first AlN layer includes stopping supply (Stop supply of TMA after 3 minutes and replacing with NH3, H2, and TMG; ¶[0083]) of the trimethylaluminum gas (Trimethylaluminum gas , i.e. TMA; ¶[0084]) into the film formation chamber (MOVPE, includes using a film formation chamber; ¶[0080]) while maintaining supply (Supply of hydrogen gas is maintained; ¶[0084]) of the hydrogen gas.
Re Claim 12, (New) Tezen teaches the method of manufacturing a semiconductor device according to claim 1, wherein the forming a first AlN layer (AlN buffer layer; 2; Fig 10A; ¶[0081]) includes supplying a trimethylaluminum gas (Trimethylaluminum gas , i.e. TMA; ¶[0086]; Per ¶[0080] “the Group III nitride compound semiconductor of the present invention was fabricated by metal-organic vapor phase epitaxy (hereinafter called "MOVPE"). Typical gases used include Ammonia (NH3), Carrier gas (H2) and Trimethylaluminum (TMA)), an ammonia gas (Ammonia gas (NH3); ¶[0086]), and a hydrogen gas (Hydrogen carrier gas (H2); ¶[0086]) into a film formation chamber (MOVPE, includes using a film formation chamber; ¶[0080])
wherein the etching the first AlN layer includes partly sublimating the first AlN layer by stopping supply (Stop supply of TMA after 3 minutes and replacing with NH3, H2, and TMG; ¶[0083]) of the trimethylaluminum gas (Trimethylaluminum gas , i.e. TMA; ¶[0084]) into the film formation chamber (MOVPE, includes using a film formation chamber; ¶[0080]) while maintaining supply of the hydrogen gas (Hydrogen carrier gas (H2); ¶[0084]) into the film formation chamber at a temperature of 1000 to 1200 degrees C inclusive (1150 degrees C; ¶[0084]).
Re Claim 13, (New) Tezen teaches the method of manufacturing a semiconductor device according to claim 1, wherein the forming a first AlN layer (AlN buffer layer; 2; Fig 10A; ¶[0081]) includes supplying a trimethylaluminum gas (Trimethylaluminum gas , i.e. TMA; ¶[0086]; Per ¶[0080] “the Group III nitride compound semiconductor of the present invention was fabricated by metal-organic vapor phase epitaxy (hereinafter called "MOVPE"). Typical gases used include Ammonia (NH3), Carrier gas (H2) and Trimethylaluminum (TMA)), an ammonia gas (Ammonia gas (NH3); ¶[0086]), and a hydrogen gas (Hydrogen carrier gas (H2); ¶[0086]) into a film formation chamber (MOVPE, includes using a film formation chamber; ¶[0080]).
Claim Rejections - 35 USC § 103
9. 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.
10. Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Tezen, Yuta (Pub No. US 20060060866 A1) (hereinafter, Tezen) as applied to Claim 1 above, and further in view of Lee, Chang Ho et al. (Pub No. US20050167683A1).
Re Claim 6, (Previously Presented) Tezen teaches the method of manufacturing a semiconductor device according to claim 1, wherein the etching (Per ¶[0083] the second embodiment discloses dicing after forming AlN buffer layer 2) the first AlN layer includes partly removing the first AlN layer by dry-etching (Dicing; ¶[0083]) the first AlN layer (AlN buffer layer; 2; Fig 10A; ¶[0083-0084])
However, Tezen does not teach dry-etching the first AlN layer using a hydrogen chloride gas at a temperature of 850°C to 1100°C inclusive.
In the same field of endeavor, Lee teaches dry-etching the first AlN layer (AlN interface layer; 12; Fig 4; ¶[0030]) using a hydrogen chloride gas (HCl gas mixture; ¶[0026]) at a temperature of 850°C to 1100°C (800°C to 1050°C; ¶[0025]) inclusive.
Accordingly, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the semiconductor device as disclosed by Tezen by adding the dry-etching process using hydrogen chloride gas at a temperature range between 850 to 1100 °C as disclosed by Lee. One of ordinary skill in the art would have been motivated to make this modification in order to control the number and size of embossings to be formed in the AlN layer, thereby minimizing stress at the interface between the sapphire substrate and the GaN film to be deposited thereon later, as suggested by Lee (¶[0026-0027]).
Conclusion
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/T.E.D./
Examiner
Art Unit 2817
/ELISEO RAMOS FELICIANO/Supervisory Patent Examiner, Art Unit 2817