Prosecution Insights
Last updated: April 19, 2026
Application No. 17/979,879

SILICON WAFER AND EPITAXIAL SILICON WAFER

Final Rejection §102§103
Filed
Nov 03, 2022
Examiner
CRAMER, HALEE PAIGE
Art Unit
2891
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Sumco Corporation
OA Round
2 (Final)
71%
Grant Probability
Favorable
3-4
OA Rounds
3y 3m
To Grant
81%
With Interview

Examiner Intelligence

Grants 71% — above average
71%
Career Allow Rate
40 granted / 56 resolved
+3.4% vs TC avg
Moderate +10% lift
Without
With
+9.6%
Interview Lift
resolved cases with interview
Typical timeline
3y 3m
Avg Prosecution
18 currently pending
Career history
74
Total Applications
across all art units

Statute-Specific Performance

§103
53.1%
+13.1% vs TC avg
§102
16.9%
-23.1% vs TC avg
§112
28.6%
-11.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 56 resolved cases

Office Action

§102 §103
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 . Response to Amendment The Applicant’s amendments filed 10/17/2025 have been entered. Claims 2, 4-5, 9, 13-15, 22, 24-25 and 27 are cancelled. Claims 1, 3, 6-8, 10-12, 16-21, 23, 26, and 28-45 remain pending, with Claims 38-45 withdrawn. Terminal Disclaimer The terminal disclaimer filed on 10/17/2025 disclaiming the terminal portion of any patent granted on this application which would extend beyond the expiration date of the full statutory term of any patent granted on pending reference Application Number 17/853,469 has been reviewed and is accepted. The terminal disclaimer has been recorded. 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. Claims 1, 8, 21, and 26 are rejected under 35 U.S.C. 103 as being unpatentable over Maegawa et al. (US 20200141024 A1) hereinafter “Maegawa” in view of Kadono et al. (US 20200203418 A1) hereinafter “Kadono”. Regarding Claim 1, Figure 1 of Maegawa teaches: An epitaxial wafer (Paragraph 0091) of 300 mm in diameter (Paragraph 0091) comprising: a silicon substrate (10) doped with phosphorus (Paragraph 0089) and having a resistivity of 0.8 mΩ-cm or more and 1.0 mΩ-cm or less; an epitaxial layer (Paragraph 0091) on the silicon substrate; and a boundary (inherent) between the epitaxial layer and the silicon substrate In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists, MPEP 2144.05, In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976). In the instant case, the claimed range, 0.6 mΩ-cm or more and 0.9 mΩ-cm overlaps the range of Maegawa, 0.8 mΩ-cm or more and 1.0 mΩ-cm. Maegawa does not teach: wherein the silicon substrate has a carbon concentration in a range of 3.5 x 1015 atoms/cm3or more to 5.0 x 1017 atoms/cm3 at about center of the silicon substrate in a depth direction. Figure 4 of Kadono teaches: a silicon wafer (Paragraph 0019) wherein the silicon wafer has a carbon concentration in a range of 1.0 x 1015 atoms/cm3or more to 1.0 x 1017 atoms/cm3 at about center of the silicon substrate in a depth direction (Figure 4). It would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have the silicon substrate has a carbon concentration in a range of 3.5 x 1015 atoms/cm3or more to 5.0 x 1017 atoms/cm3 at about center of the silicon substrate in a depth direction because Kadono teaches this range of carbon concentration in a silicon wafer can prevent the formation of dislocations (Kadono Paragraph 0046). Furthermore, in the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists, MPEP 2144.05, In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976). In the instant case, the claimed range, 3.5 x 1015 atoms/cm3or more to 5.0 x 1017 atoms/cm3 overlaps the range of Kadono, 1.0 x 1015 atoms/cm3or more to 1.0 x 1017 atoms/cm3. Regarding Claim 8, the combination of Maegawa and Kadono teaches all of the limitations of the claimed invention. Maegawa does not teach: an oxygen concentration in the silicon substrate in a range of 4.0 x 1017 atoms/cm3 to 10 x 1017 atoms/cm3 Figure 4 of Kadono teaches: an oxygen concentration in the silicon substrate in a range of 9.0 x 1017 atoms/cm3 to 18 x 1017 atoms/cm3 (Paragraph 0048) It would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have an oxygen concentration in the silicon substrate in a range of 9.0 x 1017 atoms/cm3 to 18 x 1017 atoms/cm3 because Kadono teaches an oxygen concentration as low as 9.0 x 1017 atoms/cm3 suppresses epitaxial defects (Kadono Paragraph 0048). Furthermore, in the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists, MPEP 2144.05, In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976). In the instant case, the claimed range, 4.0 x 1017 atoms/cm3 to 10 x 1017 atoms/cm3 overlaps the range of Maegawa, 9.0 x 1017 atoms/cm3 to 18 x 1017 atoms/cm3. Regarding Claim 21, Figure 1 of Maegawa teaches: A silicon wafer (Paragraph 0091) doped with phosphorus (Paragraph 0089) having a diameter of 300 mm (Paragraph 0091) having a resistivity of 0.8 mΩ-cm or more and 1.0 mΩ-cm or less; In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists, MPEP 2144.05, In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976). In the instant case, the claimed range, 0.6 mΩ-cm or more and 0.9 mΩ-cm overlaps the range of Maegawa, 0.8 mΩ-cm or more and 1.0 mΩ-cm. Maegawa does not teach: a carbon concentration in a range of 3.5 x 1015 atoms/cm3or more to 5.0 x 1017 atoms/cm3 at about center of the silicon wafer in a depth direction. Figure 4 of Kadono teaches: a silicon wafer (Paragraph 0019) wherein the silicon wafer has a carbon concentration in a range of 1.0 x 1015 atoms/cm3or more to 1.0 x 1017 atoms/cm3 at about center of the silicon substrate in a depth direction (Figure 4). It would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have a carbon concentration in a range of 3.5 x 1015 atoms/cm3or more to 5.0 x 1017 atoms/cm3 at about center of the silicon wafer in a depth direction because Kadono teaches this range of carbon concentration in a silicon wafer can prevent the formation of dislocations (Kadono Paragraph 0046). Furthermore, in the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists, MPEP 2144.05, In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976). In the instant case, the claimed range, 3.5 x 1015 atoms/cm3or more to 5.0 x 1017 atoms/cm3 overlaps the range of Kadono, 1.0 x 1015 atoms/cm3or more to 1.0 x 1017 atoms/cm3. Regarding Claim 26, the combination of Maegawa and Kadono teaches all of the limitations of the claimed invention. Maegawa does not teach: an oxygen concentration in the silicon substrate in a range of 4.0 x 1017 atoms/cm3 to 10 x 1017 atoms/cm3 Figure 4 of Kadono teaches: an oxygen concentration in the silicon substrate in a range of 9.0 x 1017 atoms/cm3 to 18 x 1017 atoms/cm3 (Paragraph 0048) It would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have an oxygen concentration in the silicon substrate in a range of 9.0 x 1017 atoms/cm3 to 18 x 1017 atoms/cm3 because Kadono teaches an oxygen concentration as low as 9.0 x 1017 atoms/cm3 suppresses epitaxial defects (Kadono Paragraph 0048). Furthermore, in the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists, MPEP 2144.05, In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976). In the instant case, the claimed range, 4.0 x 1017 atoms/cm3 to 10 x 1017 atoms/cm3 overlaps the range of Maegawa, 9.0 x 1017 atoms/cm3 to 18 x 1017 atoms/cm3. Claims 6-7 are rejected under 35 U.S.C. 103 as being unpatentable over Maegawa et al. (US 20200141024 A1) hereinafter “Maegawa” in view of Kadono et al. (US 20200203418 A1) hereinafter “Kadono” and Koike (US 20070089666 A1) hereinafter “Koike”. Regarding Claim 6, the combination of Maegawa and Kadono teaches all of the limitations of the claimed invention as stated above. Maegawa does not teach: a top surface of the epitaxial layer contains 130 or fewer light point defects (LPDs) of 0.09 pm or more in size. Table 1 of Koike teaches: a silicon substrate wherein the epitaxial defect (light point defects) density is lower than 10 per substrate (Paragraph 0068). It would be obvious to one of ordinary skill in the art to form the epitaxial layer to have a top surface of the epitaxial layer contains 130 or fewer light point defects (LPDs) of 0.09 pm or more in size because Koike teaches light point defects cause an increase in leak current and shortening of carrier lifetime (Koike Paragraph 0002). Regarding Claim 7, the combination of Maegawa and Kadono teaches all of the limitations of the claimed invention as stated above. Maegawa does not teach: a top surface of the epitaxial layer contains 100 or fewer LPDs of 0.09 pm or more in size. Table 1 of Koike teaches: a silicon substrate wherein the epitaxial defect (light point defects) density is lower than 10 per substrate (Paragraph 0068). It would be obvious to one of ordinary skill in the art to form the epitaxial layer to have a top surface of the epitaxial layer contains 100 or fewer light point defects (LPDs) of 0.09 pm or more in size because Koike teaches light point defects cause an increase in leak current and shortening of carrier lifetime (Koike Paragraph 0002). Claims 10 and 28 are rejected under 35 U.S.C. 103 as being unpatentable over Maegawa et al. (US 20200141024 A1) hereinafter “Maegawa” in view of Kadono et al. (US 20200203418 A1) hereinafter “Kadono” and Fujikawa et al. (US 6261362 B1) hereinafter “Fujikawa.” Regarding Claim 10, the combination of Maegawa and Kadono teaches all of the limitations of the claimed invention as stated above. Maegawa does not teach: the silicon substrate is substantially free of crystal-originated particles Fujikawa teaches: a silicon wafer (Column 1/Line 13) is substantially free of crystal-originated particles (Column 3/Lines 20-22). It would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have the silicon substrate is substantially free of crystal-originated particles because Fujikawa teaches epitaxial silicon wafers with extremely low crystal-originated particles can be manufactured to be high-quality epitaxial wafers with good yield (Fujikawa Column 4/ Lines 20-39). Regarding Claim 28, the combination of Maegawa and Kadono teaches all of the limitations of the claimed invention as stated above. Maegawa does not teach: the silicon wafer is substantially free of crystal-originated particles. Fujikawa teaches: a silicon wafer (Column 1/Line 13) is substantially free of crystal-originated particles (Column 3/Lines 20-22). It would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have the silicon substrate is substantially free of crystal-originated particles because Fujikawa teaches epitaxial silicon wafers with extremely low crystal-originated particles can be manufactured to be high-quality epitaxial wafers with good yield (Fujikawa Column 4/ Lines 20-39). Allowable Subject Matter Claims 11-12, 16-20, and 29-37 are allowed. The following is an examiner’s statement of reasons for allowance: Regarding Claim 11, the prior art of record does not teach, suggest, or motivate one having ordinary skill in the art to have one of the following three conditions is satisfied:(i) the low carbon concentration layer in the silicon substrate is within about 5 µm of the boundary, and a carbon concentration in the low carbon concentration layer is decreased by 10% or more compared with the carbon concentration at about the center of the silicon substrate in the depth direction, or (ii) the low carbon concentration layer in the silicon substrate is within about 8 µm of the boundary, and a carbon concentration in the low carbon concentration layer is decreased by 10% or more compared with the carbon concentration at about the center of the silicon substrate in the depth direction, or (iii) the low carbon concentration layer in the silicon substrate is within about 15 µm of the boundary, and a carbon concentration in the low carbon concentration layer is decreased by 10% or more compared with the carbon concentration at about the center of the silicon substrate in the depth direction along with all of the limitations of Claim 11. Claims 12 and 16-20 are also allowable as they depend from and include all of the limitations of the claimed invention. Regarding Claim 29, the prior art of record does not teach, suggest, or motivate one having ordinary skill in the art to have a carbon concentration in a region of the silicon substrate between the boundary and a position about 5 µm to 15 µm from the boundary is decreased by 10% or more compared with the carbon concentration at about the center of the silicon substrate in the depth direction along with the other limitations of Claim 29. Claims 30-33 are also allowable as they depend from and include all of the limitations of the allowable Claim 29. Regarding Claim 34, the prior art of record does not teach, suggest, or motivate one having ordinary skill in the art to have a carbon concentration in a region of the silicon wafer between the top surface and a position about 5 µm to 15 µm from the top surface is decreased by 10% or more compared with the carbon concentration at about the center of the silicon wafer in the depth direction along with the other limitations of Claim 34. Claims 35-37 are also allowable as they depend from and include all of the limitations of allowable Claim 34. Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.” Claims 3 and 23 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. The following is a statement of reasons for the indication of allowable subject matter: Regarding Claim 3, the prior art of record does not teach, suggest, or motivate one having ordinary skill in the art to have one of the following three conditions be satisfied: (i) a carbon concentration in a region of the silicon substrate between the boundary and a position about 5 µm from the boundary is decreased by 10% or more compared with the carbon concentration at about the center of the silicon substrate in the depth direction, or (ii) wherein a carbon concentration in a region of the silicon substrate between the boundary and a position about 8 µm from the boundary is decreased by 10% or more compared with the carbon concentration at about the center of the silicon substrate in the depth direction, or (iii) wherein a carbon concentration in a region of the silicon substrate between the boundary and a position about 15 µm from the boundary is decreased by 10% or more compared with the carbon concentration at about the center of the silicon substrate in the depth direction along with all of the limitations of Claim 1. Regarding Claim 23, the prior art of record does not teach, suggest, or motivate one having ordinary skill in the art to have at least one of the following three conditions are satisfied: (i) a carbon concentration in a region of the silicon wafer between the top surface and a position about 5 µm from the top surface is decreased by 10% or more compared with the carbon concentration at about the center of the silicon wafer in the depth direction, or (ii) a carbon concentration in a region of the silicon wafer between the top surface and a position about 8 µm from the top surface is decreased by 10% or more compared with the carbon concentration at about the center of the silicon wafer in the depth direction, or (iii) a carbon concentration in a region of the silicon wafer between the top surface and a position about 15 µm from the top surface is decreased by 10% or more compared with the carbon concentration at about the center of the silicon wafer in the depth direction along with all of the limitations of Claim 21. Response to Arguments Applicant’s arguments, see Applicant’s Remarks, filed 10/17/2025, with respect to the rejections of Claims 1, 8, 21, and 26 under 35 U.S.C. 102 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Maegawa and Kadono. Furthermore, the Applicant’s Declaration under rule 132, traversing the use of reference Lee, has been acknowledged. Conclusion THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Halee Cramer whose telephone number is (571)270-1641. The examiner can normally be reached Monday - Friday 7:30am - 4:30pm. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Matthew Landau can be reached at 571-272-1731. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /HALEE CRAMER/Examiner, Art Unit 2891 /MATTHEW C LANDAU/Supervisory Patent Examiner, Art Unit 2891
Read full office action

Prosecution Timeline

Nov 03, 2022
Application Filed
Jun 13, 2025
Non-Final Rejection — §102, §103
Sep 10, 2025
Examiner Interview Summary
Sep 10, 2025
Applicant Interview (Telephonic)
Oct 17, 2025
Response Filed
Jan 22, 2026
Final Rejection — §102, §103
Mar 24, 2026
Applicant Interview (Telephonic)
Mar 24, 2026
Examiner Interview Summary

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
71%
Grant Probability
81%
With Interview (+9.6%)
3y 3m
Median Time to Grant
Moderate
PTA Risk
Based on 56 resolved cases by this examiner. Grant probability derived from career allow rate.

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