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 .
DETAILED ACTION
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
In claims 1, 3, 5, 7, and 9, a control unit invokes 112(f).
In claim 8, an irradiation angle adjusting unit invokes 112(f), according to the instant specification para [0102], interpreted to be a galvanometer mirror or polygon mirror, or equivalents thereof.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
This application includes one or more claim limitations that use the word “means” or “step” or a generic placeholder, but are nonetheless not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph because the claim limitation(s) recite(s) sufficient structure, materials, or acts to entirely perform the recited function. Such claim limitation(s) is/are:
In claims 1 and 10, a first laser head unit, a first laser source unit, a second laser head unit, and a second laser source unit do not invoke 112(f) because there is sufficient structure being a laser head or beam.
In claim 4, a head moving unit does not invoke 112(f) because there is sufficient structure being a head that moves.
Because this/these claim limitation(s) is/are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are not being interpreted to cover only the corresponding structure, material, or acts described in the specification as performing the claimed function, and equivalents thereof.
If applicant intends to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to remove the structure, materials, or acts that performs the claimed function; or (2) present a sufficient showing that the claim limitation(s) does/do not recite sufficient structure, materials, or acts to perform the claimed function.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim(s) 1-16 and 18-21 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 1 recites “a control unit” which invokes 112(f), however the specification fails to describe the corresponding structure for performing the function of controlling and driving of the first laser head and the second laser head units. During examination, a control unit is broadly interpreted to be a generic computer.
Claim Rejections - 35 USC § 103
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) 1-13, 15-16, and 20-21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hawryluk (US 20130330844 A1) in view of Karlsen (US 20140263208 A1).
Regarding claim 1
Hawryluk discloses a laser annealing apparatus (Fig 4) comprising:
a stage (chuck 110, Para 0063 top) configured to support a target object (wafer 10, Para 0063);
a first laser head unit (primary laser system 120) connected to a first laser source unit (laser 121) to irradiate a first laser (primary laser beam 132) to the target object (10);
a second laser head unit (secondary laser system 150) connected to a second laser source unit (laser 151) to irradiate a second laser (secondary laser beam 162) having a wavelength (secondary laser beam has wavelength lamda_2, being 500 nm to 10.6 microns, Para 0066, thus lamda_2 is interpreted to be 500 nm) longer than that of the first laser (primary laser 121 has a wavelength lamda_1 in the range from 300 nm to 650 nm, Para 0086 top, thus lamda_1 is interpreted to be 300 nm; this shows that lamda_2 being 500 nm is longer than lamda_1 being 300 nm) to the target object (10); and
a control unit (controller 170 being a computer, Para 0071) configured to control driving of the first laser head unit (120) and the second laser head unit (150).
Hawryluk is silent on wherein the wavelength of the first laser is variable by the control unit.
However, Karlsen teaches a first laser head unit (100 Fig 1) to irradiate a first laser (a single laser beam along axis 116, Para 0024 top), wherein the wavelength of the first laser beam is variable by the control unit (plurality of lasers 102, 104, 106 of laser head unit 100 are combined into a single first laser beam 116, where the control system 108 is used to select beam powers, pulse energies, repetition rates, and wavelength combinations of plurality of lasers 102, 104, 106, Para 0026 top, such that by suitable selection of wavelengths and initial beam intensities, energy absorption in the substrate 310 can be customized, Fig 3, Para 0030 middle;
this indicates that the wavelength of the laser beam from laser head unit 100 is variable).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to modify the first laser of the first laser head unit in Hawryluk to be a combined laser beam of a plurality of lasers with different wavelengths, such that the wavelength of the first laser is variable by the control unit, as suggested and taught by Karlsen, to increase flexibility in operation by allowing for selection of wavelengths, pulse duration, and other beam characteristics depending on a particular application and substrate (Para 0030).
Regarding claim 2
Hawryluk in view of Karlsen discloses the laser annealing apparatus of claim 1.
Hawryluk in view of Karlsen further discloses wherein the first laser source unit (Karlsen teaches first laser source 100, Fig 1) comprises:
a first wavelength laser light source (102) configured to generate a first wavelength laser having a blue wavelength band (wavelengths between 400 nm and 2 µm, are preferred, Para 0022 bottom; thus, the first wavelength laser can be 400 nm, which is a blue wavelength band as described in the instant specification para 0059 middle);
a second wavelength laser light source (104) configured to generate a second wavelength laser having a green wavelength band (wavelengths between 400 nm and 2 µm, are preferred, Para 0022 bottom; thus, the second wavelength laser can be 500 nm, which is a green wavelength band as described in the instant specification para 0060 bottom); and
a third wavelength laser light source (106) configured to generate a third wavelength laser having a red wavelength band (wavelengths between 400 nm and 2 µm, are preferred, Para 0022 bottom; thus, the third wavelength laser can be 700 nm, which is a red wavelength band as described in the instant specification para 0061 middle).
Regarding claim 3
Hawryluk in view of Karlsen discloses the laser annealing apparatus of claim 2.
Hawryluk in view of Karlsen further discloses wherein the control unit (Karlsen teaches control system 108, Para 0026, Fig 1) selectively drives one or more of the first wavelength laser light source, the second wavelength laser light source, and the third wavelength laser light source (lasers 102, 104, 106 are coupled to a control system 108 that is used to select beam powers, pulse energies, repetition rates, and wavelength combinations, where control system 108 is also coupled to a mechanical stage 126 that positions and scans the substrate 118 with respect to the combined optical beams, Para 0026) to allow the wavelength of the first laser (first laser 116) to vary.
Regarding claim 4
Hawryluk in view of Karlsen discloses the laser annealing apparatus of claim 1.
Hawryluk further discloses a head moving unit (head moving is interpreted to be a structure having a head that can move, scanning mirror 161M and a mirror driver 164, i.e. the head of a moving unit, to scan from one edge of the target object wafer 10 to the opposite edge, Figs 8A-B-C, Para 0102, indicating that the secondary laser beam 162 is moving across the substrate 10, where the movement is performed via the head structure driver 164) configured to move the first laser head unit (primary laser beam 132 is not shown for ease of illustration, Para 0101, this indicates that primary laser beam 132 moves similarly to the secondary laser beam 162 shown in Figs 8A-B-C) and the second laser head unit (second laser head unit 150);
a first optical fiber cable (primary laser 121 includes a fiber, para 0086 top, Fig 4) provided between the first laser source unit (121) and the first laser head unit (120); and
a second optical fiber cable (secondary laser 151 in the form of a fiber laser, para 0085 top) provided between the second laser source unit (151) and the second laser head unit (150).
Regarding claim 5
Hawryluk in view of Karlsen discloses the laser annealing apparatus of claim 1.
Hawryluk further discloses wherein the control unit (170, Fig 8A, Para 0102 middle) controls in a selective driving of the second laser head unit (second laser head unit 150 having scanning mirror 161M that is operably attached to a mirror driver 164, which in turn is operably connected to the controller 170, Fig 8A, Para 0102 middle).
Regarding claim 6
Hawryluk in view of Karlsen discloses the laser annealing apparatus of claim 5.
Hawryluk further discloses wherein a beam size of the first laser is equal to or greater than that of the second laser (primary laser 121 has a wavelength lamda_1 in the range from 300 nm to 650 nm, Para 0086 top; secondary laser beam has wavelength lamda_2, being 500 nm to 10.6 microns, Para 0066;
this indicates that first laser beam size lamda_1 can be 500 nm which is equal to the second laser beam size lamda_2 which can also be 500 nm) in the simultaneous driving of the first laser head unit and the second laser head unit (during the scan of primary and secondary laser beams 132 and 162, the thermal emission detector system 180 monitors the thermal emission radiation 182 from the location where the primary and secondary images 136 and 166 overlap and heat the top surface 22 of the wafer 10, Para 0079 top;
the overlapping during heating the top surface of the target object wafer 10, i.e. activating a portion of the target object, shows that both lasers are simultaneously driven).
Regarding claim 7
Hawryluk in view of Karlsen discloses the laser annealing apparatus of claim 5.
Hawryluk further discloses wherein the control unit (170, Fig 4) controls scanning of the first laser head unit (120) and the second laser head unit (150) in the simultaneous driving of the first laser head unit and the second laser head unit so that the first laser (132) and the second laser (162) overlap each other (during the scan of primary and secondary laser beams 132 and 162, the thermal emission detector system 180 monitors the thermal emission radiation 182 from the location where the primary and secondary images 136 and 166 overlap and heat the top surface 22 of the wafer 10, Para 0079 top;
the overlapping during heating the top surface of the target object wafer 10, shows that both lasers are simultaneous driven).
Regarding claim 8
Hawryluk in view of Karlsen discloses the laser annealing apparatus of claim 1.
Hawryluk further discloses an irradiation angle adjusting unit (invoking 112(f), scanning mirror 161M and mirror driver 164 are responsible for moving the laser beam 162 can scan over a corresponding select angular range theta_2 in Figs 8A-C, Para 0102, where the moving of the laser beam 162 forms different angles with the centerline axis AXFL, thus interpreted to be the irradiation angle) configured to adjust each of a laser irradiation angle of the first laser head unit (primary laser beam 132 is not shown for ease of illustration, Para 0101, this indicates that primary laser beam 132 moves similarly to the secondary laser beam 162 shown in Figs 8A-B-C) and a laser irradiation angle of the second laser head unit (second laser unit 150).
Regarding claim 9
Hawryluk in view of Karlsen discloses the laser annealing apparatus of claim 1.
Hawryluk further discloses wherein the control unit (170, Fig 8A, Para 0102 middle) controls scanning of the second laser head unit (second laser head unit 150 having scanning mirror 161M that is operably attached to a mirror driver 164, which in turn is operably connected to the controller 170, Fig 8A, Para 0102 middle) under different scan conditions for each area by dividing the target object into a plurality of areas (three different areas along line 167 with different scan conditions where mirror 161M is rotated, respectively shown in Figs 8A, 8B, and 8C).
Regarding claim 10
Hawryluk discloses a laser annealing method (Fig 4) comprising:
selecting at least one laser head unit (two laser head units 120 and 150) of a first laser head unit (primary laser system 120) that irradiates a first laser (primary laser beam 132) and a second laser head unit (secondary laser system 150) that irradiates a second laser (secondary laser beam 162) having a wavelength (secondary laser beam has wavelength lamda_2, being 500 nm to 10.6 microns, Para 0066) greater than that of the first laser (primary laser 121 has a wavelength lamda_1 in the range from 300 nm to 650 nm, Para 0086 top; this indicates that lamda_2 can be 500 nm which is longer than lamda_1 which can be 300 nm); and
irradiating a laser (laser beams 132 and 162) corresponding to each laser head unit of the first laser and the second laser (first laser 121 and second laser 151) to a target object (wafer 10) from the laser head unit selected from the first laser head unit (120) and the second laser head unit (150).
Hawryluk is silent on the first laser having a variable wavelength.
However, Karlsen teaches a laser head unit (100 Fig 1) to irradiate a first laser (a single laser beam along axis 116, Para 0024 top), wherein the laser has a variable wavelength (plurality of lasers 102, 104, 106 of laser head unit 100 are combined into a single first laser beam 116, where the control system 108 is used to select beam powers, pulse energies, repetition rates, and wavelength combinations of plurality of lasers 102, 104, 106, Para 0026 top, such that by suitable selection of wavelengths and initial beam intensities, energy absorption in the substrate 310 can be customized, Fig 3, Para 0030 middle;
this indicates that the wavelength of the first laser beam is variable).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to modify the first laser of the first laser head unit in Hawryluk to be a combined laser beam of a plurality of lasers with different wavelengths, such that the first laser is having a variable wavelength, as suggested and taught by Karlsen, to increase flexibility in operation by allowing for selection of wavelengths, pulse duration, and other beam characteristics depending on a particular application and substrate (Para 0030).
Regarding claim 11
Hawryluk in view of Karlsen discloses the laser annealing method of claim 10.
Hawryluk further discloses that varying the wavelength of the first laser (Karlsen teaches first laser source 100, Fig 1), by selectively driving one or more of a first wavelength laser light source (102) that generates a first wavelength laser having a blue wavelength band (wavelengths between 400 nm and 2 µm, are preferred, Para 0022 bottom; thus, the first wavelength laser can be 400 nm, which is a blue wavelength band as described in the instant specification para 0059 middle),
a second wavelength laser light source (104) that generates a second wavelength laser having a green wavelength band (wavelengths between 400 nm and 2 µm, are preferred, Para 0022 bottom; thus, the second wavelength laser can be 500 nm, which is a green wavelength band as described in the instant specification para 0060 bottom) and
a third wavelength laser light source (106) that generates a third wavelength laser having a red wavelength band (wavelengths between 400 nm and 2 µm, are preferred, Para 0022 bottom; thus, the third wavelength laser can be 700 nm, which is a red wavelength band as described in the instant specification para 0061 middle).
Regarding claim 12
Hawryluk in view of Karlsen discloses the laser annealing method of claim 11.
Hawryluk further discloses that setting driving of the second laser head unit in selective driving (driving is interpreted to be when the secondary laser beam 162 is moving, i.e. driving, across the substrate 10, in Figs 8A-B-C),
wherein, in the selecting at least one laser head unit (secondary laser system 150, Fig 8A), the at least one laser head unit is selected from the second laser head unit (150) according to the set driving of the second laser head unit (moving/driving of the secondary laser beam 162 in Figs 8A-B-C).
Regarding claim 13
Hawryluk in view of Karlsen discloses the laser annealing method of claim 12.
Hawryluk further discloses wherein, in the setting of the selective driving or the simultaneous driving, when activating at least a portion of the target object, the simultaneous driving is set (during the scan of primary and secondary laser beams 132 and 162, the thermal emission detector system 180 monitors the thermal emission radiation 182 from the location where the primary and secondary images 136 and 166 overlap and heat the top surface 22 of the wafer 10, Para 0079 top;
the overlapping during heating the top surface of the target object wafer 10, i.e. activating a portion of the target object, shows that both lasers are simultaneously driven).
Regarding claim 15
Hawryluk in view of Karlsen discloses the laser annealing method of claim 13.
Hawryluk further discloses adjusting each of a laser irradiation angle of the first laser head unit (primary laser beam 132 is not shown for ease of illustration, Para 0101) and the second laser head unit (second laser head unit 150 in Figs 8A-B-C, scanning mirror 161M and mirror driver 164 are responsible for moving the laser beam 162 can scan over a corresponding select angular range theta_2 in Figs 8A-C, Para 0102, where the moving of the laser beam 162 forms different angles with the centerline axis AXFL, thus interpreted to be the irradiation angle).
Regarding claim 16
Hawryluk in view of Karlsen discloses the laser annealing method of claim 12.
Hawryluk further discloses wherein, in the setting of the selective driving or the simultaneous driving, when activating at least a portion of the target object, the selective driving of the first laser head unit is set (during the scan of primary and secondary laser beams 132 and 162, the thermal emission detector system 180 monitors the thermal emission radiation 182 from the location where the primary and secondary images 136 and 166 overlap and heat the top surface 22 of the wafer 10, Para 0079 top;
this indicates that during heating the top surface of the target object wafer 10, i.e. activating a portion of the target object, the first laser head unit having primary beam 132 is also selected,
note that the claim does not exclude the selection of the second laser head unit).
Regarding claim 20
Hawryluk in view of Karlsen discloses the laser annealing method of claim 10.
Hawryluk further discloses scanning the target object (10, Figs 8A-B-C) by moving the selected laser head unit (secondary laser system 150 in Fig 8A), wherein the first laser head unit and the second laser head unit are connected to a first laser source unit for generating the first laser (first laser head unit 120 connects to a first laser source 121 to generate a first laser 132) and a second laser source unit for generating the second laser (secondary laser head unit 150 connects to a second laser source 151 to generate a second laser 152) by optical fiber cables (providing the secondary laser 151 in the form of a fiber laser, Para 0085 top, primary laser 121 includes a fiber laser, Para 0086 top), respectively.
Regarding claim 21
Hawryluk in view of Karlsen discloses the laser annealing method of claim 20.
Hawryluk further discloses wherein, in the scanning the target object, the target object is scanned while moving the second laser head unit (second laser head unit 150 having scanning mirror 161M that is operably attached to a mirror driver 164, to scan from one edge of the target object wafer 10 to the opposite edge, Fig 8A, Para 0102) under different scan conditions for each area by dividing the target object into a plurality of areas (three different areas along line 167 with different scan condition where mirror 161M is rotated, respectively shown in Figs 8A, 8B, and 8C).
Allowable Subject Matter
Claim(s) 14 and 18-19 would be allowable if rewritten 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 and to include all of the limitations of the base claim and any intervening claims..
i. In claim 14, the cited prior art of record fails to anticipate and/or render obvious, either solely or in combination, a laser annealing method comprising, among other features and steps,
generating free carriers by the first laser; and
absorbing the second laser to activate impurities in the target object.
In claim 18, the cited prior art of record fails to anticipate and/or render obvious, either solely or in combination, a laser annealing method comprising, among other features and steps,
wherein, in the setting of the selective driving or the simultaneous driving, when at least partially crystallizing the target object, the selective driving of the first laser head unit is set.
Claim 19 depends upon claim 18, thus would include the same allowable subject matter of claim 18.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Sun (US 7396706 B2) teaches a plurality of green laser heads
Cordingley (US 7955905 B2) teaches different wavelengths for lasers
Chivel (US 20170312856 A1) teaches laser beam with different wavelengths
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Thuyhang Nguyen whose telephone number is (571) 272-5317. The examiner can normally be reached Monday-Friday 8am-5pm EST.
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/Thuyhang N Nguyen/Examiner, Art Unit 3761
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