DETAILED ACTION
This Office Action is sent in response to Applicant’s Communication received 31 Jan 2023 for application number 18/162,074. The Office hereby acknowledges receipt of the following and placed of record in file: Specification, Drawings, Abstract, Oath/Declaration, and Claims.
Claims 1-20 are presented for examination (Elected claims 1-14 are examined below; non-elected claims 15-20 have been withdrawn – see Election/Restrictions below).
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 .
Election/Restrictions
Applicant’s election without traverse of claims 1-14 in the reply filed on 05 Dec 2025 is acknowledged.
Claims 15-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 05 Dec 2025.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 3 and 14 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 3, claim 3 recites, “a plurality of discrete features” on line 2; it is unclear what this is referring to, as “discrete features” is an overly broad term.
Regarding claim 14, claim 14 recites, “a plurality of discrete features” on line 3; it is unclear what this is referring to, as “discrete features” is an overly broad term.
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] formed on the layer of the metal nitride [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 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)].
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] formed on the layer of aluminum nitride, hafnium nitride, niobium nitride or a combination thereof [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 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)].
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW CHUNG whose telephone number is (571)272-5237. The examiner can normally be reached M-F 9-5pm.
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/ANDREW CHUNG/
Examiner, Art Unit 2898