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 .
Election/Restrictions
Claims 1-9 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species Group I, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 06/12/2026.
Specification
The disclosure is objected to because of the following: Claim 10 recites a capping layer of two aluminum oxide layers and the composition describes each layer as oxygen rich. However the specification of the instant application appears to support a capping layer of two aluminum oxide layers and the composition describes each layer as oxygen rich (Para [0006]) “the capping layer comprising a first aluminum oxide layer having a composition of Al2O(3+δ), wherein 0<δ≤3, and a second aluminum oxide layer having a composition of Al2O(3+δ), wherein δ≥0”, however paragraphs [0016, 0025, 0027, 0030, 0051, 0052, 0057] describe the capping layer as aluminum or metal rich Al2O(3-δ), wherein 0<δ≤3, and a second aluminum oxide layer having a composition of Al2O(3-δ), wherein δ≥0. The specification in Para [0016, 0025, 0027, 0030, 0051, 0052, 0057] appears to support the limitation of the aluminum or metal rich capping layers (situation of first layer of Al2O(3-δ), wherein 0<δ≤3 and second layer of Al2O(3-δ), wherein δ≥0), with the exception of Para [0006], which is different than the limitations of claim1, therefore the support provided by the specification is unclear.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 10-20 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claims contain subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Claim 10 cites limitations for a capping layer of two aluminum oxide layers and the composition describes each layer as oxygen rich: “the capping layer comprising a first aluminum oxide layer having a composition of Al2O(3+δ), wherein 0<δ≤3, and a second aluminum oxide layer having a composition of Al2O(3+δ), wherein δ≥0” in lines 8-10 of the claim. But there is a lack of further support in the specification for a capping layer of two aluminum oxide layer wherein the first and second layers of the capping layer are oxygen rich. Support for these limitations are only described in Para [0006] which describes an embodiment of the invention wherein the two aluminum oxide layers of the capping layer are oxygen rich. The rest of the written description of the specification appears to support an unclaimed embodiment of the invention where the first and second layers of the capping layer are aluminum or metal rich (situation of first layer of Al2O(3-δ), wherein 0<δ≤3 and second layer of Al2O(3-δ), wherein δ≥0) as evidenced in Para [0016, 0025, 0027, 0030, 0051, 0052, 0057]. Therefore a lack of written description in the specification exists to support the limitations of Claim 10.
Claims 11-20 are rejected based on their dependency on Claim 10.
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 10-20 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 10, it is unclear how a capping layer of two oxygen rich aluminum oxide compounds would work in an metal induced crystallization (MIC) process. Prior art Jang et al. (US 2022/0020766 A1), Chae et al. (US 2021/0288069 A1) and Pachamuthu et al. (US 9, 478,495 B1) teach metal induced crystallization process using aluminum oxide to help crystallize a silicon layer. Pachamuthu et al. (US 9,478,495 B1) further teaches the use of Al rich structures to improve the crystallization process. Claim 10 cites limitations for a capping layer of two aluminum oxide layers and the composition describes each layer as oxygen rich: “the capping layer comprising a first aluminum oxide layer having a composition of Al2O(3+δ), wherein 0<δ≤3, and a second aluminum oxide layer having a composition of Al2O(3+δ), wherein δ≥0” in lines 8-10 of the claim but it is unclear from the claim or the support in the specification, and the prior art of record regarding metal induced crystallization, how an non-stochiometric, oxygen rich, aluminum oxide structure can result in improved metal induced crystallization. Further it is unclear how the non-stochiometric, oxygen rich, aluminum oxide structure of second oxide layer 318b can function as a barrier for Al diffusion as described in Para [0057] of the instant specification. Therefore, based on the limitations of the claim “the capping layer comprising a first aluminum oxide layer having a composition of Al2O(3+δ), wherein 0<δ≤3, and a second aluminum oxide layer having a composition of Al2O(3+δ), wherein δ≥0” and the lack of support in the specification, it is unclear how to interpret Claim 10.
Claims 11-20 are rejected based on their dependency on Claim 10.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PAUL A. BERRY whose telephone number is (703)756-5637. The examiner can normally be reached M-F 8-5 EST.
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/PAUL A BERRY/Examiner, Art Unit 2898 /JULIO J MALDONADO/Supervisory Patent Examiner, Art Unit 2898
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