Prosecution Insights
Last updated: October 02, 2026
Application No. 18/162,074

SUBSTRATE PROCESSING FOR AlN AND GaN POLARITY CONTROL

Non-Final OA §103
Filed
Jan 31, 2023
Examiner
CHUNG, ANDREW
Art Unit
2898
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Applied Materials Inc.
OA Round
3 (Non-Final)
56%
Grant Probability
Moderate
3-4
OA Rounds
1m
Est. Remaining
87%
With Interview

Examiner Intelligence

Grants 56% of resolved cases
56%
Career Allowance Rate
186 granted / 332 resolved
-12.0% vs TC avg
Strong +31% interview lift
Without
With
+31.4%
Interview Lift
resolved cases with interview
Typical timeline
3y 9m
Avg Prosecution
15 currently pending
Career history
357
Total Applications
across all art units

Statute-Specific Performance

§101
5.6%
-34.4% vs TC avg
§103
65.0%
+25.0% vs TC avg
§102
12.4%
-27.6% vs TC avg
§112
8.5%
-31.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 332 resolved cases

Office Action

§103
DETAILED ACTION This Office Action is sent in response to Applicant’s Communication received 21 Aug 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 Claims 1-20 are presented for examination (Elected claims 1-14 are examined below; non-elected claims 15-20 have been withdrawn).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 Applicant’s arguments with respect to claim(s) have been considered but are moot because of new grounds of rejection necessitated by amendment; see the Rejection below for prior art mappings and explanations. 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) 1-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hertkorn et al. [hereinafter as Hertkorn] (US 2015/0076507 A1) in view of Song et al. [hereinafter as Song] (US 2025/0293025 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] on 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)]. However, although Hertkorn teaches 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] on the silicon-containing substrate [1], Hertkorn does not explicitly teach a layer of a metal nitride in contact with the silicon-containing substrate. Hertkorn and Song teach a layer of a metal nitride [22 of Hertkorn; analogously, second bonding layer B2; Fig. 4, para 0060 of Song] in contact with the silicon-containing substrate [1 of Hertkorn; analogously, support substrate S; Fig. 4, para 0055 of Song]. 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 metal nitride and substrate layers as disclosed by Song into the semiconductor device of Hertkorn in order to obtain a semiconductor device with a metal nitride layer contacting a silicon-containing substrate. One of ordinary skill in the art would be motivated to obtain a semiconductor device with a metal nitride layer contacting a silicon-containing substrate to provide the predictable result of an improved device by providing electrical isolation by preventing parasitic conduction. In reference to claim 2, Hertkorn and Song teach the inventio of claim 1. 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 and Song teach the inventio of claim 1. 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 and Song teach the inventio of claim 2. 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 and Song teach the inventio of claim 4. 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 and Song teach the inventio of claim 5. 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 and Song teach the inventio of claim 1. 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 and Song teach the inventio of claim 1. 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 and Song teach the inventio of claim 5. 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 and Song teach the inventio of claim 9. 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 and Song teach the inventio of claim 10. 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(s) 12-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hertkorn in view of Song further in view of Yasui et al. [hereinafter as Yasui] (US 2010/0323108 A1). In reference to claim 12, Hertkorn and Song teach the inventio of claim 8. While Hertkorn and Song teach The semiconductor structure of claim 8, wherein the layer of the metal nitride [22 of Hertkorn] comprises a nitride, Hertkorn and Song do not explicitly teach that the nitride layer is formed by physical vapor deposition. Yasui teaches a nitride layer is formed by physical vapor deposition [para 0002 discloses a metal nitride layer grown on a substrate using PVD]. It would have been obvious to one of ordinary skill in art, absent unexpected results, having the teachings of Hertkorn, Song, and Yasui before the effective filing date of the claimed invention, to include the PVD process as disclosed by Yasui into the semiconductor device of Hertkorn and Song in order to obtain a semiconductor device with a nitride layer formed on a silicon substrate using PVD. One of ordinary skill in the art would be motivated to obtain a semiconductor device with a nitride layer formed on a silicon substrate 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], on 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 in contact with the silicon substrate. Hertkorn and Song teach a nitride layer [22 of Hertkorn; analogously, second bonding layer B2; Fig. 4, para 0060 of Song] in contact with the silicon substrate [1 of Hertkorn; analogously, support substrate S; Fig. 4, para 0055 of Song]. 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. However, Hertkorn and Song do not explicitly teach that the said nitride layer is formed by physical vapor deposition. Yasui teaches a nitride layer is formed by physical vapor deposition [para 0002 discloses a metal nitride layer grown on a substrate using PVD]. It would have been obvious to one of ordinary skill in art, absent unexpected results, having the teachings of Hertkorn, Song, and Yasui before the effective filing date of the claimed invention, to include the PVD process as disclosed by Yasui into the semiconductor device of Hertkorn and Song in order to obtain a semiconductor device with a nitride layer formed on a silicon substrate using PVD. One of ordinary skill in the art would be motivated to obtain a semiconductor device with a nitride layer formed on a silicon substrate using PVD to provide the predictable result of forming a nitride layer using a known, effective method. In reference to claim 14, Hertkorn, Song, and Yasui 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]. 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. 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, Jessica Manno can be reached on 571-272-2339. 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. /ANDREW CHUNG/ Examiner, Art Unit 2898
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Prosecution Timeline

Show 1 earlier event
Jan 08, 2026
Non-Final Rejection mailed — §103
Apr 09, 2026
Applicant Interview (Telephonic)
Apr 09, 2026
Response Filed
Apr 16, 2026
Examiner Interview Summary
Jun 08, 2026
Final Rejection mailed — §103
Aug 21, 2026
Request for Continued Examination
Aug 24, 2026
Response after Non-Final Action
Sep 10, 2026
Non-Final Rejection mailed — §103 (current)

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Prosecution Projections

3-4
Expected OA Rounds
56%
Grant Probability
87%
With Interview (+31.4%)
3y 9m (~1m remaining)
Median Time to Grant
High
PTA Risk
Based on 332 resolved cases by this examiner. Grant probability derived from career allowance rate.

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