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 Amendment filed 3 December 2025 has been entered. Claims 1 and 6-8 are amended; claims 3 and 5 are cancelled; claim 9 is added. Accordingly, claims 1-2, 4, and 6-9 remain pending in the application.
Claim Objections
Claim 1 is objected to because of the following informalities:
Claim 1, line 9, "substate" should read "substrate".
Appropriate correction is required.
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 7 and 9 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.
Claim 7, lines 1-3, recite “a sputtering target comprising said nitride semiconductor ingot is obtained”. It is unclear how a sputtering target is obtained from the nitride semiconductor ingot of claim 4. Is there a missing process step?
Claim 9, lines 1-3, recite “said group 13 nitride crystal layer has a growth surface comprising a nitrogen polar surface”. It is unclear if the surface comprising a nitrogen polar surface is a surface of the group 13 nitride crystal layer or a surface of the seed crystal layer on which the group 13 nitride is being grown.
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.
Claims 1, 4, and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Hirao (JP 2011105586) in view of Hashimoto (US 2019/0096668) and Sekiyama (US 2021/0111076) and Hashimoto (US 2016/0153115).
Regarding Claim 1, Hirao discloses a method of growing a group 3B nitride (group 3B nitride meets the limitation of a group 13 nitride) on a substrate containing a seed crystal layer of group 3B nitride (substrate containing a seed crystal layer of group 3B nitride meets the limitation of an underlying substrate), said method comprising the step of immersing the substrate in a mixed melt comprising a flow (flow meets the limitation of flux) in the direction along the main surface to grow a group 3B nitride single crystal (claim 1). Hirao further discloses two-dimensional crystal growth [0030]. Hirao further discloses crystals are grown by the flux method [0007]. Hirao further discloses sodium metal is preferrable as a flux [0022] such that Hirao meets the limitation of a sodium flux.
Hirao is silent to a method for producing the underlying substrate.
Hashimoto ‘668 discloses growing a GaN crystal layer 3 (GaN crystal layer meets the limitation of a seed crystal layer comprising a group 13 nitride) on a heteroepitaxial substrate 4 (heteroepitaxial substrate meets the limitation of a substrate) by metalorganic chemical vapor deposition (MOCVD) (MOCVD meets the limitation of metal organic vapor phase deposition method), wherein the top surface of the GaN crystal layer is gallium-polar c-plane 3A (the top surface of the GaN crystal layer is gallium-polar c-plane meets the limitation of a group 13 element polar surface of said seed crystal layer; [0061]-[0062], Fig. 2). Hashimoto ‘668 further discloses among the heteroepitaxial substrates, sapphire is preferred because sapphire yields the GaN crystal layer with the highest structural quality [0060]. Hashimoto ‘668 further discloses bonding the GaN crystal layer on the heteroepitaxial substrate to a metallic plate 1 (metallic plate meets the limitation of a supporting body) [0064], and removing the heteroepitaxial substrate (GaN crystal layer on a metallic plate after removing the heteroepitaxial substrate meets the limitation of obtaining an underlying substrate including said seed crystal layer; [0065], Fig. 2). Hashimoto ‘668 further discloses after removal of the heteroepitaxial substrate, the exposed nitrogen polar c-plane of GaN crystal layer is lapped, mechanically polished and chemomechanically polished to obtain an appropriate surface quality for growth of bulk GaN [0067]. Hashimoto ‘668 further discloses the nitrogen polar surface of the gallium nitride crystal is exposed for bulk crystal growth [0091]. Hashimoto ‘668 further discloses a reduced residual stress in the thin GaN crystal layer, which reduces the probability that the thin GaN layer cracks during growth, resulting in higher production yield for the seed crystal of the invention [0121].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Hirao to incorporate the teachings of Hashimoto ‘668 to form by metal organic vapor phase deposition method a seed crystal layer comprising a group 13 nitride on a substrate comprising sapphire; bonding a group 13 element polar surface of said seed crystal layer to a supporting body; and separating said substrate from said seed crystal layer in order to form an underlying substrate for bulk crystal growth which has reduced residual stress and therefore, can also reduce the probability that the thin GaN layer cracks during growth, resulting in higher production yield for the seed crystal, as recognized by Hashimoto ‘668 ([0067], [0121]).
Hashimoto ‘668 is silent to an off-angle of the substrate when forming the seed crystal layer on the substrate.
Sekiyama discloses subjecting a C-plane sapphire substrate having an off-angle of 0.5 to 5 degrees to a treatment for deposition of a crystalline AlN (AlN meets the limitation of a group 13 nitride) on the C-plane sapphire substrate [0034], wherein the AlN film is formed by a chemical vapor phase deposition [0047]. Sekiyama further discloses when the off-angle is 0.5 to 5 degrees, the surface of a GaN film subsequently formed on the C-plane sapphire substrate is an N (nitrogen) polar face, the GaN film is an epitaxially grown film having good smoothness and good crystallinity [0038].
Regarding the off-angle in claim 1, it appears that 0.5 to 5 degrees taught by Sekiyama overlaps the claimed range of 0.3 to 2 degrees such that the range taught by Sekiyama obviates the claimed range. See MPEP 2144.05 (I).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Hirao to incorporate the teachings of Hashimoto ‘668 and Sekiyama to form the seed crystal layer at an off-angle of 0.5 to 5 degrees in order to form a GaN film having a N polar face, good smoothness and good crystallinity, as recognized by Sekiyama [0038].
Hirao is further silent to growing a group 13 nitride crystal layer on a nitrogen polar surface of said seed crystal layer.
Hashimoto ‘668 further discloses the nitrogen polar surface of the gallium nitride crystal is exposed for bulk crystal growth [0091].
Hashimoto '115 discloses a method of growing bulk crystal of group III nitride such as gallium nitride (gallium nitride meets the limitation of a group 13 nitride) using a group III nitride seed crystal ([0031], [0035]). Hashimoto '115 further discloses bulk GaN crystal typically shows better quality on nitrogen face than on gallium face [0066].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Hirao to incorporate the teachings of Hashimoto ‘668 and Hashimoto ‘115 to grow a group 13 nitride crystal layer on a nitrogen polar surface of said seed crystal layer, because bulk GaN crystal typically shows better quality on nitrogen face than on gallium face, as recognized by Hashimoto ‘115 [0066].
Regarding Claim 4, Hirao is silent to separating said group 13 nitride crystal layer from said underlying substrate to obtain a nitride semiconductor ingot comprising said group 13 nitride crystal layer.
Hashimoto ‘668 further discloses the metallic plate is separated from the bulk crystal [0073]. Hashimoto ‘668 further discloses bulk crystals of GaN are sliced into semiconductor wafers to produce various devices including optoelectronic devices such as light emitting diodes (LEDs) and laser diodes (LDs), and electronic devices such as transistors [0016], such that the bulk crystal layer of Hashimoto ‘668 absent the metallic plate (aka the supporting body) meets the limitation of a nitride semiconductor ingot comprising said group 13 nitride crystal layer.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Hirao to incorporate the teachings of Hashimoto ‘688 to separating said group 13 nitride crystal layer from said underlying substrate to obtain a nitride semiconductor ingot comprising said group 13 nitride crystal layer in order to produce various electronic devices, as recognized by Hashimoto ‘668.
Regarding Claim 9, Hirao is silent to a growth surface comprising a nitrogen polar surface.
Hashimoto ‘668 further discloses the nitrogen polar surface of the gallium nitride crystal is exposed for bulk crystal growth [0091].
Hashimoto '115 discloses a method of growing bulk crystal of group III nitride such as gallium nitride (gallium nitride meets the limitation of a group 13 nitride) using a group III nitride seed crystal ([0031], [0035]). Hashimoto '115 further discloses bulk GaN crystal typically shows better quality on nitrogen face than on gallium face (nitrogen face of the seed crystal meets the limitation of a growth surface comprising a nitrogen polar face; [0066]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Hirao to incorporate the teachings of Hashimoto ‘668 and Hashimoto ‘115 to grow a group 13 nitride crystal layer on a nitrogen polar surface of said seed crystal layer, because bulk GaN crystal typically shows better quality on nitrogen face than on gallium face, as recognized by Hashimoto ‘115 [0066].
An alternative rejection of claim 9 is provided in case the surface comprising a nitrogen polar surface is referring to the surface of the group 13 nitride crystal layer.
Alternatively, regarding Claim 9, Hirao is silent to the surface of the group 13 nitride crystal layer comprising a nitrogen polar surface.
Sekiyama discloses subjecting a C-plane sapphire substrate having an off-angle of 0.5 to 5 degrees to a treatment for deposition of a crystalline AlN (AlN meets the limitation of a group 13 nitride) on the C-plane sapphire substrate [0034], wherein the AlN film is formed by a chemical vapor phase deposition [0047]. Sekiyama further discloses when the off-angle is 0.5 to 5 degrees, the surface of a GaN film subsequently formed on the C-plane sapphire substrate is an N (nitrogen) polar face, and the GaN film is an epitaxially grown film having good smoothness and good crystallinity [0038].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Hirao to incorporate the teachings of Sekiyama to grow a group 13 nitride crystal layer having a nitrogen polar surface in order to produce a GaN film having good smoothness and good crystallinity, as recognized by Sekiyama [0038].
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Hirao (JP 2011105586) in view of Hashimoto (US 2019/0096668) and Sekiyama (US 2021/0111076) and Hashimoto (US 2016/0153115) and Yoshida (JP 2018119171).
Regarding Claim 2, Hirao, Hashimoto ‘668, Sekiyama, and Hashimoto ‘115 teach the elements as described above with regards to claim 1.
Hirao is silent to said group 13 nitride crystal layer being grown to a thickness of 5 mm or larger.
Yoshida ‘171 discloses a polycrystalline group III nitride, wherein the group III nitride may be GaN, AlN, InN (GaN, AlN, InN meet the limitation of a group 13 nitride; [0012]). Yoshida ‘171 further discloses the polycrystalline is grown to a desired thickness, wherein the polycrystalline at the stage where the growth is completed is referred to as an ingot [0044]. Yoshida ‘171 further discloses an ingot thickness of 1 mm or more with an upper limit of 20 mm [0045]. Yoshida ‘171 further discloses the shape, size, and thickness of the target is not particularly limited and may be appropriately adjusted as necessary, but may not be too thin from the viewpoint of being repeatedly used for film formation [0026].
Regarding the thickness of the group 13 nitride crystal layer in claim 2, it appears that 1 mm to 20 mm taught by Yoshida ‘171 overlaps the claimed range of 5 mm or larger such that the range taught by Yoshida ‘171 obviates the claimed range. See MPEP 2144.05 (I).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Hirao to incorporate the teachings of Yoshida ‘171 to grow the group 13 nitride crystal layer to a thickness of 5 mm or larger in order to provide an adequate thickness for being repeatedly used for film formation, as recognized by Yoshida ‘171 [0026], and it is well-known in the art of growing group 13 nitride crystal layers that thickness may be appropriately adjusted as necessary, as taught by Yoshida ‘171 [0026].
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Hirao (JP 2011105586) in view of Hashimoto (US 2019/0096668) and Sekiyama (US 2021/0111076) and Hashimoto (US 2016/0153115) and Ivantzov (US 5,562,124).
Regarding Claim 6, Hirao, Hashimoto ‘668, Sekiyama, and Hashimoto ‘115 teach the elements as described above with regards to claim 4.
Hirao and Hashimoto ‘668 are silent to the dimensions of the semiconductor ingot.
Ivantzov discloses growth of bulk semiconductor materials such as bulk crystals in the form of ingots (Col. 1, lines 8-15). Ivantzov further teaches a gallium nitride (gallium nitride meets the limitation of a group 13 nitride) ingot grown from a melt solution having a diameter of 102 mm (102 mm meets the limitation of 75 mm or larger and 200 mm or smaller) and a thickness of 15 mm (15 mm meets the limitation of 5 mm or larger and 50 mm or smaller; Col. 8, lines 3-8). Ivantzov further discloses producing large diameter GaN crystals (Col. 3, line 55), because GaN offers tremendous potential for optoelectronics and high-power high-frequency devices, and such devices will realize their full potential only when crystal growth methods fabricate large size GaN crystalline ingots (Col. 3, lines 45-49).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Hirao to incorporate the teachings of Ivantzov to produce a semiconductor ingot having a large diameter of 102 mm and a thickness of 15 mm, as producing nitride semiconductor ingots with these dimensions is well-known in the art of growing group 13 nitride crystal layers, and large size GaN crystalline ingots offer tremendous potential for optoelectronics and high-power high-frequency devices, as recognized by Ivantzov (Col. 3, lines 45-49).
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Hirao (JP 2011105586) in view of Hashimoto (US 2019/0096668) and Sekiyama (US 2021/0111076) and Hashimoto (US 2016/0153115) and Yoshida (JP 2018119171).
Regarding Claim 7, Hirao, Hashimoto ‘668, Sekiyama, and Hashimoto ‘115 teach the elements as described above with regards to claim 4.
Hirao and Hashimoto ‘668 are silent to a sputtering target comprising said nitride semiconductor ingot.
Yoshida '171 discloses group III nitride semiconductors such as gallium nitride (GaN) are useful as materials for semiconductor devices such as optical devices and electronic devices, and a technology for depositing group III nitrides by sputtering, etc. is being studied, and a target for this is proposed [0002]. Yoshida ‘171 further discloses a target composed of polycrystalline group III nitrides, wherein the group III nitrides may be GaN, AlN, InN (GaN, AlN, InN meet the limitation of a group 13 nitride; [0012]). Yoshida ‘171 further discloses the polycrystalline is grown to a desired thickness to obtain one or more of the target, wherein the polycrystalline at the stage where the growth is completed is referred to as an ingot [0044], such that the target of Yoshida ‘171 is the same as the ingot of Yoshida ‘171. Yoshida ‘171 further discloses an ingot thickness of 1 mm or more with an upper limit of 20 mm [0045], and a diameter of the target of 102 mm [0026]. Yoshida ‘171 further discloses the target (aka an ingot) is used as a member to release the raw material for the deposition of the group III nitride film, wherein the deposition method performed with the target may be sputtering [0028], such that the target used as a member for the sputtering deposition of group III nitride film of Yoshida '171 meets the limitation of a sputtering target.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Hirao to incorporate the teachings of Yoshida ‘171 to produce a sputtering target comprising said nitride semiconductor ingot in order to produce a group III nitride film, and because using a nitride semiconductor ingot as a sputtering target is a process parameter well-known in the art of nitride semiconductor ingots, as recognized by Yoshida ‘171.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Hirao (JP 2011105586) in view of Hashimoto (US 2019/0096668) and Sekiyama (US 2021/0111076) and Hashimoto (US 2016/0153115) and Ivantzov (US 5,562,124) and Mori (US 2018/0038010).
Regarding Claim 8, Hirao, Hashimoto ‘668, Sekiyama, Hashimoto ‘115, and Ivantzov teach the elements as described above with regards to claim 6.
Hirao and Hashimoto ‘668 are silent to the oxygen concentration on the group 13 element polar surface of the nitride semiconductor ingot.
Mori discloses a method for manufacturing a group III nitride semiconductor crystal substrate, comprising: providing, as a seed crystal substrate, a group III nitride single crystal grown by a liquid phase growth method, wherein the principal surface of the seed crystal substrate is a +c-plane (+c-plane meets the limitation of a group 13 element polar surface; see the 102 rejection of claim 1), and the seed crystal substrate has an atomic oxygen concentration of not more than 1×1017 cm−3 in a crystal near the principal surface over an entire in-plane region thereof [0015], wherein the group III nitride comprises GaN (GaN meets the limitation of a group 13 nitride; [0030]). Mori further discloses the amount of oxygen incorporated into GaN crystal depends on purities of an atmosphere or components inside a crystal growth furnace and crystal growth conditions [0032]. Mori further discloses oxygen as an impurity is incorporated into the GaN crystal grown by the flux method, and the incorporated amount greatly varies depending on the plane orientation of the growth interface of the crystal, and the oxygen concentration is at the seventeenth power cm−3 when growing a crystal on a c-plane (Ga-face) [0084].
Regarding the oxygen concentration on a group 13 element polar surface in claim 8, it appears that not more than 1×1017 cm−3 taught by Mori overlaps the claimed range of 0.8x1017 cm-3 or higher and 2x1017 cm-3 or lower such that the range taught by Mori obviates the claimed range. See MPEP 2144.05 (I).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Hirao to incorporate the teachings of Mori wherein said nitride semiconductor ingot has an oxygen concentration on a group 13 element polar surface of 0.8x1017 cm-3 or higher and 2x1017 cm-3 or lower, because the amount of oxygen incorporated into a GaN crystal can be varied based on purities of an atmosphere, crystal growth conditions, and plane orientation in order to achieve a desired oxygen concentration on the group 13 element polar surface, as recognized by Mori ([0032], [0084]).
Hirao and Hashimoto ‘668 are further silent to the oxygen concentration on the nitrogen polar surface of the nitride semiconductor ingot.
Hashimoto ‘115 discloses a first side of a GaN crystal showed a clear color, and the clear GaN crystal contains oxygen of less than about 1017 cm-3 [0068], wherein the first side has an exposed nitrogen-polar face of single crystalline or highly oriented polycrystalline group III nitride [0032]. Hashimoto ‘115 further teaches the oxygen concentration of the nitrogen polar surface of the gallium nitride seed crystal is less than the oxygen concentration of the gallium polar surface (claim 3).
Regarding the oxygen concentration on the nitrogen polar surface in claim 8, it appears that less than about 1017 cm-3 taught by Hashimoto ‘115 overlaps the claimed range of 0.5x1017 cm-3 or higher and 1.5x1017 cm-3 or lower such that the range taught by Hashimoto ‘115 obviates the claimed range. See MPEP 2144.05 (I).
Mori teaches the amount of oxygen incorporated into GaN crystal depends on purities of an atmosphere or components inside a crystal growth furnace and crystal growth conditions [0032]. Mori further discloses oxygen as an impurity is incorporated into the GaN crystal grown by the flux method, and the incorporated amount greatly varies depending on the plane orientation of the growth interface of the crystal [0084].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Hirao to incorporate the teachings of Hashimoto ‘115 and Mori wherein said nitride semiconductor ingot has an oxygen concentration on a nitrogen polar surface of 0.5x1017 cm-3 or higher and 1.5x1017 cm-3 or lower, as the oxygen concentration of the nitrogen polar surface of the gallium nitride seed crystal is less than the oxygen concentration of the gallium polar surface, as recognized by Hashimoto ‘115 (claim 3), and because the amount of oxygen incorporated into a GaN crystal can be varied based on purities of an atmosphere, crystal growth conditions, and plane orientation in order to achieve a desired oxygen concentration on the nitrogen polar surface, as recognized by Mori ([0032], [0084]).
Response to Arguments
Applicant’s arguments, see "Remarks", pg. 4-8, filed 3 December 2025, with respect to the rejection(s) of claim(s) 1-8 under 35 U.S.C. 102 and 35 U.S.C. 103 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 Hirao (JP 2011105586) and Hashimoto (US 2019/0096668) and Sekiyama (US 2021/0111076) and Hashimoto (US 2016/0153115).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
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/S.E.S./Examiner, Art Unit 1735 /PAUL A WARTALOWICZ/Primary Examiner, Art Unit 1735
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