DETAILED ACTION
This Office Action is sent in response to Applicant’s Communication received 09 Apr 2026 for application number 18/162,074. The Office hereby acknowledges receipt of the following and placed of record in file: Applicant Arguments/Remarks, and Claims.
Claims 1-20 are presented for examination (Elected claims 1-14 are examined below; non-elected claims 15-20 have been withdrawn).
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 Arguments
The 112 rejections of claims 3 and 14 have been removed in light of amendments.
Regarding arguments towards the 102 rejections, Applicant contends that the prior art does not teach, “an oxygen rich layer over the layer of the metal nitride layer”; Examiner respectfully disagrees. Hertkorn teaches an oxygen rich layer [first layer 21, for example made of AlON (AlON is oxygen-rich; Fig. 5, para 0049] over the layer of the metal nitride [22; para 0050 discloses that a plurality of 22 may be deposited alternately with a plurality of 21, meaning 21 may be over 22]. Since Hertkorn teaches that 21 and 22 may be deposited alternately, a layer 21 may be “over” a layer 22, as required by the claim. As such, the prior art reasonably teaches, “an oxygen rich layer over the layer of the metal nitride layer.”
Regarding arguments towards the 103 rejections, claims 12-14 are rejected for reasons as expressed above, and in the Rejection presented below.
Claim Rejections - 35 USC § 102
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.
Claim(s) 1-11 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hertkorn et al. [hereinafter as Hertkorn] (US 2015/0076507 A1).
In reference to claim 1, Hertkorn teaches A semiconductor structure comprising:
a silicon-containing substrate [substrate 1 may be a silicon substrate; Fig. 5, para 0040];
a layer of a metal nitride [second layer 22; Fig. 5, para 0049; 22 may be a AlN or a GaN-based material; paras 0010, 0024] overlying the silicon-containing substrate [1];
an oxygen rich layer [first layer 21, for example made of AlON (AlON is oxygen-rich; Fig. 5, para 0049] over the layer of the metal nitride [22; para 0050 discloses that a plurality of 22 may be deposited alternately with a plurality of 21, meaning 21 may be over 22], wherein the oxygen rich layer [21] is an inversion domain [since the structure of Hertkorn’s invention is substantially identical to that of the claimed invention, the claimed property of inversion domain is presumed to be present; see MPEP 2112.01(I)] generally aligned with a surface of the layer of the metal nitride [22]; and
a structure [another 22, as layers of 21 and 22 may be stacked; para 0049] overlying the oxygen rich layer [21], the structure [another 22] being formed from a material comprising a gallium-containing material, an aluminum nitride material, or a combination thereof [22 may be a AlN or a GaN-based material; paras 0010, 0024], wherein at least about 90 wt.% of the material exhibits a metal-polarity [since the structure of Hertkorn’s invention is substantially identical to that of the claimed invention, the claimed property of metal-polarity is presumed to be present; see MPEP 2112.01(I)].
In reference to claim 2, Hertkorn teaches The semiconductor structure of claim 1, wherein the layer of the metal nitride [22] comprises a nitride of aluminum, hafnium, niobium, titanium, scandium, gallium, or combinations thereof [22 may be a AlN or a GaN-based material; paras 0010, 0024].
In reference to claim 3, Hertkorn teaches The semiconductor structure of claim 1, wherein the layer of the metal nitride having the oxygen rich layer formed thereon comprises a plurality of discrete cone or pyramidal features [since the structure of Hertkorn’s invention is substantially identical to that of the claimed invention, the claimed property of “discrete features” is presumed to be present; see MPEP 2112.01(I); further, Fig. 5 depicts 22 with seemingly pyramidal or conical features, i.e. the pointed portions].
In reference to claim 4, Hertkorn teaches The semiconductor structure of claim 2, wherein the oxygen rich layer comprises aluminum and oxygen [21, for example made of AlON, i.e. aluminum and oxygen; Fig. 5, para 0049].
In reference to claim 5, Hertkorn teaches The semiconductor structure of claim 4, wherein the oxygen rich layer further comprises nitrogen and/or silicon [21, for example made of AlON, i.e. nitrogen; Fig. 5, para 0049].
In reference to claim 6, Hertkorn teaches The semiconductor structure of claim 5, wherein the oxygen rich layer comprises an oxygen rich material of a general formula AlxOyNz [21, for example made of AlON, i.e. AlxOyNz; Fig. 5, para 0049].
In reference to claim 7, Hertkorn teaches The semiconductor structure of claim 1, wherein the silicon-containing substrate is silicon [1 may be a silicon substrate; Fig. 5, para 0040].
In reference to claim 8, Hertkorn teaches The semiconductor structure of claim 1, wherein the material is gallium-nitride, and wherein greater than or about 95 wt.% of the gallium-nitride exhibits a metal-polarity [since the structure of Hertkorn’s invention is substantially identical to that of the claimed invention, the claimed property of metal-polarity is presumed to be present; see MPEP 2112.01(I)].
In reference to claim 9, Hertkorn teaches The semiconductor structure of claim 5, wherein the layer of the metal nitride [22] has a surface area, and wherein the oxygen rich layer [21] is formed on greater than or about 85% of the surface area [21 appears to be grown on over 85% of 22; Fig. 5, para 0049].
In reference to claim 10, Hertkorn teaches The semiconductor structure of claim 9, wherein the oxygen rich layer [21] is formed on greater than or about 95% of the surface area [21 appears to be grown on over 95% of 22; Fig. 5, para 0049].
In reference to claim 11, Hertkorn teaches The semiconductor structure of claim 10, wherein greater than about 50 wt.% of the layer of metal nitride exhibits a nitrogen-polarity [since the structure of Hertkorn’s invention is substantially identical to that of the claimed invention, the claimed property of nitrogen-polarity is presumed to be present; see MPEP 2112.01(I)].
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 12-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hertkorn in view of Song et al. [hereinafter as Song] (US 2025/0293025 A1).
In reference to claim 12, Hertkorn teaches the invention of claim 1.
However, Hertkorn does not explicitly teach The semiconductor structure of claim 8, wherein the layer of the metal nitride comprises a nitride formed by physical vapor deposition.
Hertkorn and Song teach wherein the layer of the metal nitride [22 of Hertkorn] comprises a nitride formed by physical vapor deposition [Song, para 0072 discloses forming a nitride layer using PVD].
It would have been obvious to one of ordinary skill in art, absent unexpected results, having the teachings of Hertkorn and Song before the effective filing date of the claimed invention, to include the PVD process as disclosed by Song into the semiconductor device of Hertkorn in order to obtain a semiconductor device with a nitride layer formed using PVD.
One of ordinary skill in the art would be motivated to obtain a semiconductor device with a nitride layer formed using PVD to provide the predictable result of forming a nitride layer using a known, effective method.
In reference to claim 13, Hertkorn teaches A semiconductor structure comprising:
a silicon substrate [substrate 1 may be a silicon substrate; Fig. 5, para 0040];
a layer of aluminum nitride, hafnium nitride, niobium nitride, titanium nitride, scandium nitride, gallium nitride, or a combination thereof [second layer 22; Fig. 5, para 0049; 22 may be a AlN or a GaN-based material; paras 0010, 0024], overlying the silicon substrate [1];
an oxygen rich layer [first layer 21, for example made of AlON (AlON is oxygen-rich; Fig. 5, para 0049] over the layer of aluminum nitride, hafnium nitride, niobium nitride or a combination thereof [22; para 0050 discloses that a plurality of 22 may be deposited alternately with a plurality of 21, meaning 21 may be over 22], the oxygen rich layer [21] containing at least two of oxygen, nitrogen, aluminum, and gallium [first layer 21, for example made of AlON (AlON is oxygen-rich; Fig. 5, para 0049];
a structure [another 22, as layers of 21 and 22 may be stacked; para 0049] overlying the oxygen rich layer [21], the structure [another 22] being formed from a material comprising a gallium-containing material, an aluminum nitride material, or a combination thereof [22 may be a AlN or a GaN-based material; paras 0010, 0024], wherein at least about 90 wt.% of the material exhibits a metal-polarity [since the structure of Hertkorn’s invention is substantially identical to that of the claimed invention, the claimed property of metal-polarity is presumed to be present; see MPEP 2112.01(I)].
However, Hertkorn does not explicitly teach a nitride layer formed by physical vapor deposition.
Hertkorn and Song teach a nitride layer [22 of Hertkorn] formed by physical vapor deposition [Song, para 0072 discloses forming a nitride layer using PVD].
It would have been obvious to one of ordinary skill in art, absent unexpected results, having the teachings of Hertkorn and Song before the effective filing date of the claimed invention, to include the PVD process as disclosed by Song into the semiconductor device of Hertkorn in order to obtain a semiconductor device with a nitride layer formed using PVD.
One of ordinary skill in the art would be motivated to obtain a semiconductor device with a nitride layer formed using PVD to provide the predictable result of forming a nitride layer using a known, effective method.
In reference to claim 14, Hertkorn and Song teach the invention of claim 14.
Hertkorn teaches The semiconductor structure of claim 13, wherein the layer of aluminum nitride, hafnium nitride, niobium nitride or a combination [22] thereof having the oxygen rich layer [21] formed thereon comprises a plurality of discrete cone or pyramidal features [since the structure of Hertkorn’s invention is substantially identical to that of the claimed invention, the claimed property of “discrete features” is presumed to be present; see MPEP 2112.01(I); further, Fig. 5 depicts 22 with seemingly pyramidal or conical features, i.e. the pointed portions].
Examiner’s Note
The prior art made of record and not relied upon is considered pertinent to Applicant's disclosure as follows. Applicant is reminded that in amending in response to a rejection of claims, the patentable novelty must be clearly shown in view of the state of the art disclosed by the references cited and the objections made. Applicant must also show how the amendments avoid such references and objections. See 37 CFR § 1.111(0).
Song et al. (US-20250293025-A1) discloses an inversion domain [paras 0101, 0180].
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 extension fee 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.
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/ANDREW CHUNG/
Examiner, Art Unit 2898
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