Prosecution Insights
Last updated: October 04, 2026
Application No. 18/520,980

METHOD OF PASSIVATING CLEAVED SEMICONDUCTOR STRUCTURE

Final Rejection §103
Filed
Nov 28, 2023
Priority
Dec 12, 2022 — EU 22212687.2
Examiner
HRNJIC, ADIN
Art Unit
2817
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Comptek Solutions OY
OA Round
2 (Final)
66%
Grant Probability
Favorable
3-4
OA Rounds
5m
Est. Remaining
76%
With Interview

Examiner Intelligence

Grants 66% — above average
66%
Career Allowance Rate
39 granted / 59 resolved
-1.9% vs TC avg
Moderate +10% lift
Without
With
+9.7%
Interview Lift
resolved cases with interview
Typical timeline
3y 4m
Avg Prosecution
29 currently pending
Career history
105
Total Applications
across all art units

Statute-Specific Performance

§103
56.6%
+16.6% vs TC avg
§102
21.7%
-18.3% vs TC avg
§112
21.0%
-19.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 59 resolved cases

Office Action

§103
Detailed Action This office action is in response to the amendment filed on May 27th, 2026. Claims 1-12 are pending. 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 filed May 27th, 2026, have been fully considered but they are not persuasive. Applicant argues (pgs. 7-9, “Remarks”) that Ohki expressly teaches multi-chamber and multi-device processing systems. In each embodiment, Ohki requires transferring the workpiece between separate chambers or devices in order to perform different processing operations. A person of ordinary skill in the art would not have been motivated to modify Ohki’s expressly multi-chamber dielectric coating process to arrive at the presently claimed singly-second-chamber passivation process. The examiner agrees that Ohki teaches multiple chambers. However, as seen below, the second chamber is broadly interpreted to include a collection of enclosures where the semiconductor can be transferred internally without being exposed to atmosphere or removed from these enclosures. Therefore, applicant’s arguments are not persuasive. Claim Rejections - 35 USC § 103 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. 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. Claims 1, 6-7, 9, and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Ohki et al. (2018/0316156 A1; hereinafter Ohki). Rejection Note: Italicized claim limitations indicate that the corresponding limitations are addressed with a secondary reference/embodiment in an obviousness analysis. Regarding Claim 1, Ohki (fig. 1) teaches a method of passivating a cleaved semiconductor structure for utilization as an edge-emitting laser device ([0027]-[0030]), the method comprising: providing an enclosure ([0020], 100) having a first chamber and a second chamber ([0020], 101), a transfer arm to receive and transfer the cleaved semiconductor structure from the first chamber to the second chamber, and a fixture ([0025], tray fitted to plate 31) to mount the given structure ([0025], BE) thereon in the second chamber (101), and with each of the first chamber and the second chamber (101) configured to provide vacuum condition ([0020], 101 is held in a vacuum state) inside thereof ; loading the cleaved semiconductor structure defining a first facet, in the first chamber, onto the transfer arm therein; transferring the cleaved semiconductor structure from the first chamber to the second chamber using the transfer arm, to have the cleaved semiconductor structure mounted onto the fixture in the second chamber; wherein the following steps are performed within the second chamber without transferring the cleaved semiconductor structure out of the second chamber; exposing the first facet ([0027], BE1) of the cleaved semiconductor structure (BE) in the second chamber (101) to a cleaning beam ([0033], P1) from a cleaning source ([0033], gas and microwaves used for the cleaning process) opposing the first facet (BE1) by manipulating ([0025], 32 rotates BE to 10) the fixture (tray fitted to 31) therein, to remove a possible native oxide layer ([0033], natural oxide film is removed) formed on the first facet (BE1) of the cleaved semiconductor structure (BE); exposing the first facet (BE1) of the cleaved semiconductor structure (BE) in the second chamber (101) to heat energy ([0090], temperature holding process) from a heating source ([0089], lamp heating device) opposing the first facet (BE1) by manipulating the fixture (tray fitted to 31) therein, to heat the first facet (BE1) of the cleaved semiconductor structure (BE); and exposing the first facet (BE1) of the cleaved semiconductor structure (BE) in the second chamber (101) to an oxidation agent ([0037], P2) from an oxidizing source ([0037], oxygen gas and microwaves) opposing the first facet (BE1) by manipulating ([0025], 32 rotates BE to 20) the fixture (30) therein, to form an ordered oxide layer ([0038], [0062], RC1 may be a thin oxide layer) on the first facet (BE1) of the cleaved semiconductor structure (BE). Ohki doesn’t teach providing an enclosure having a first chamber and a second chamber and a transfer arm to receive and transfer the cleaved semiconductor structure from the first chamber to the second chamber and each of the first and second chamber configured to provide vacuum condition inside thereof and loading the cleaved semiconductor structure defining a first facet, in the first chamber, onto the transfer arm therein; transferring the cleaved semiconductor structure from the first chamber to the second chamber using the transfer arm, to have the cleaved semiconductor structure mounted onto the fixture in the second chamber; wherein the following steps are performed within the second chamber without transferring the cleaved semiconductor structure out of the second chamber. However, Ohki (fig. 6) teaches providing an enclosure ([0101], 40, 50, 60, 70) having a first chamber (40) and a second chamber (50, 60, 70) and a transfer arm ([0099], transport mechanism in 50) to receive and transfer the cleaved semiconductor structure ([0101], bar element) from the first chamber (40) to the second chamber (50, 60, 70) and each of the first (40) and second chamber (50, 60, 70) configured to provide vacuum condition ([0101], formed without being exposed to atmosphere) inside thereof and loading the cleaved semiconductor structure (diode lasers) defining a first facet ([0101], facet of the bar element), in the first chamber (40), onto the transfer arm (transport mechanism in 50) therein; transferring the cleaved semiconductor structure (bar element) from the first chamber (40) to the second chamber (50, 60, 70) using the transfer arm (transport mechanism in 50), to have the cleaved semiconductor structure (bar element) mounted onto the fixture in the second chamber (50, 60, 70); wherein the following steps are performed within the second chamber (50, 60, 70) without transferring ([0101], the bar element is moved between 50, 60, 70, without being exposed to the atmosphere, in other words, without being transferred out of 50, 60, 70) the cleaved semiconductor structure (bar element) out of the second chamber (50, 60, 70). Ohki also teaches that the first chamber is used to introduce a bar element into the treatment apparatus without exposing the bar element to atmosphere ([0099]). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the first embodiment of Ohki to include the first chamber and transport system of the second embodiment of Ohki to introduce a bar element into the treatment apparatus. Regarding Claim 6, Ohki (fig. 1) teaches the method according to claim 1, wherein the oxidation agent comprises at least one of: molecular oxygen ([0037], O2 gas), oxygen plasma, ozone, NOx, CO. Regarding Claim 7, the two embodiments of Ohki (figs. 1 and 6) teaches the method according to claim 1, wherein a plurality of cleaved semiconductor structures ([0027], BE has a plurality of elements E. see fig. 2) are loaded in the first chamber (40, see fig. 6), being stacked on top of each other at respective side facets ([0027], facet of E connected to each other in one direction) thereof, with the first facet (BE1) being orthogonal (see fig. 2) to the corresponding side facet (facet of E connected to each other) in the respective cleaved semiconductor structure (BE), and wherein the method further comprises manipulating the fixture (tray fitted to 31) in the second chamber (101) to expose the first facet (BE1) of each of the cleaved semiconductor structure (E in BE) of the plurality of cleaved semiconductor structures (BE) to one or more of the cleaning beam from the cleaning source, the heat beam from the heating source and the oxidation agent from the oxidizing source ([0025], 32 rotates BE to 10 and 20 covering each of E in BE, see fig. 2). Regarding Claim 9, Ohki (fig. 1) teaches a system for passivating a cleaved semiconductor structure for utilization as an edge-emitting laser ([0027]-[0030]), the system comprising: an enclosure ([0020], 100) having a first chamber and a second chamber ([0020], 101); a pump ([0020], gas discharge port in 101) configured to generate vacuum condition inside each of the first chamber and the second chamber (101); a cleaning source ([0033], gas and microwaves used for the cleaning process) mounted in the second chamber (101); an oxidizing source ([0037], oxygen gas and microwaves) mounted in the second chamber (101); a heating source ([0089], lamp heating device) mounted in the second chamber (101); a transfer arm configured to receive and transfer the cleaved semiconductor structure, defining a first facet, from the first chamber to the second chamber; and a fixture ([0025], tray fitted to plate 31) configured to mount the cleaved semiconductor structure (BE) thereon in the second chamber (101), wherein the fixture (tray fitted to 31) is configured to be manipulated ([0025], 32 rotates BE between 10 and 20) to: expose the first facet (BE1) of the cleaved semiconductor structure (BE) in the second chamber (101) to a cleaning beam ([0033], P1) from a cleaning source ([0033], gas and microwaves used for the cleaning process), by disposing the first facet (BE1) opposing the cleaning source, expose the first facet (BE1) of the cleaved semiconductor structure (BE) in the second chamber (101) to heat energy ([0090], temperature holding process) from a heating source ([0089], lamp heating device), by disposing the first facet (BE1) opposing the heating source, and expose the first facet (BE1) of the cleaved semiconductor structure (BE) in the second chamber (101) to an oxidation agent ([0037], P2) from an oxidizing source ([0037], oxygen gas and microwaves), by disposing the first facet (BE1) opposing the oxidizing source. Ohki doesn’t teach an enclosure having a first chamber and a second chamber and vacuum condition inside each of the first chamber and the second chamber and a transfer arm configured to receive and transfer the cleaved semiconductor structure, defining a first facet, from the first chamber to the second chamber. However, Ohki (fig. 6) teaches an enclosure ([0101], 40, 50, 60, 70) having a first chamber (40) and a second chamber (50, 60, 70) and vacuum condition ([0101], formed without being exposed to atmosphere) inside each of the first chamber (40) and the second chamber (50, 60, 70) and a transfer arm ([0099], transport mechanism in 50) configured to receive and transfer the cleaved semiconductor structure ([0101], bar element), defining a first facet (BE1), from the first chamber (40) to the second chamber (50, 60, 70). Ohki also teaches that the first chamber is used to introduce a bar element into the treatment apparatus without exposing the bar element to atmosphere ([0099]). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the first embodiment of Ohki to include the first chamber and transport system of the second embodiment of Ohki to introduce a bar element into the treatment apparatus. Regarding Claim 12, Ohki (fig. 6) teaches the system according to claim 9, wherein the cleaning source, the heating source, and the oxidizing source are configured to operate on the first facet (BE1) of the cleaved semiconductor structure (BE) within the second chamber (50, 60, 70) without transferring ([0101], the bar element is moved between 50, 60, 70, without being exposed to the atmosphere, in other words, without being transferred out of 50, 60, 70) the cleave semiconductor structure (BE) out of the second chamber (50, 60, 70). Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Ohki as applied to Claim 1 above, and further in view of Jiang et al. (2018/0108587 A1; hereinafter Jiang). Regarding Claim 2, Ohki doesn’t teach the method according to claim 1 further comprising, prior to exposing the first facet to the oxidation agent from the oxidizing source, exposing the first facet of the cleaved semiconductor structure in the second chamber to group III atoms from a deposition source opposing the first facet by manipulating the fixture therein, to deposit the group III atoms on the first facet of the cleaved semiconductor structure. However, Jiang (fig. 1) teaches prior to exposing the first facet ([0023], top of 116) to the oxidation agent from the oxidizing source ([0053], forming metallic oxide), exposing the first facet (top of 116) of the cleaved semiconductor structure (116) in the second chamber ([0022], 103) to group III atoms ([0041], metal precursor like TMA) from a deposition source ([0022], 108) opposing the first facet (top of 116) by manipulating the fixture ([0022], 104) therein, to deposit the group III atoms (metal precursor like TMA) on the first facet (top of 116) of the cleaved semiconductor structure (116). Jiang also teaches that a metal containing precursor enhances the passivation of the semiconductor surface ([0042]). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the method of Ohki to include the group III deposition source of Jiang to enhance the passivation of the surface. Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Ohki as applied to Claim 1 above, and further in view of Jakubowicz (10418781 B1; hereinafter Jakubowicz). Regarding Claim 3, Ohki doesn’t teach the method according to claim 1 further comprising, depositing a layer of at least one of Si, a-Si:H, SiO2, SiNx, over the ordered oxide formed on the first facet of the cleaved semiconductor structure. However, Jakubowicz (fig. 2) teaches depositing a layer (Col. 7, Lines 60-63; 36 may be silicon nitride) of at least one of Si, a-Si:H, SiO2, SiNx, over the ordered oxide layer (Col. 7, Lines 1-60; 32, 34) formed on the first facet (Col. 6, Lines 49-50; 12) of the cleaved semiconductor structure (Col. 6, Line 49; 10). Jakubowicz also teaches that the silicon nitride layer acts as a protective layer for the oxide layers underneath (Col. 7, Lines 60-63). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the method of Ohki to include the silicon nitride layer of Jakubowicz to protect the oxide layer underneath. Claims 4 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Ohki as applied to Claim 1 above, and further in view of Charache et al. (2006/0216842 A1; hereinafter Charache). Regarding Claim 4, Ohki doesn’t explicitly teach the method according to claim 1, wherein the cleaning beam comprises at least one of: atomic beam of hydrogen, argon, xenon, or mixture thereof, ion beam comprising ionized noble gases and/or nitrogen. However, Charache (fig. 14) teaches the cleaning beam ([0065], 40) comprises at least one of: atomic beam of hydrogen, argon, xenon, or mixture thereof, ion beam comprising ionized noble gases and/or nitrogen ([0065], ion beam of argon, neon, nitrogen, and hydrogen). One of ordinary skill in the art could have substituted the ion beam of Charache for the cleaning method of Ohki and yielded the predictable results of cleaning the facet of a laser. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the ion beam of Charache for the cleaning method of Ohki, since simple substitution of cleaning methods for another is an appropriate rationale to support a rejection under 35 U.S.C. 103. KSR International Co. v. Teleflex Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007). Regarding Claim 8, Ohki (fig. 1) teaches the method according to claim 1, wherein the cleaved semiconductor structure (BE) further defines a second facet ([0027], BE2) therein, and wherein the method further comprises manipulating ([0025], 32 rotates BE between 10 and 20) the fixture (tray fitted to 31) in the second chamber (101) to expose the second facet (BE2) of the cleaved semiconductor structure (BE) to one or more of the cleaning beam from the cleaning source, the heat beam from the heating source and the oxidation agent from the oxidizing source ([0025], 32 rotates BE to 10 and 20 covering each of BE1 and BE2 in BE, see fig. 2) in the second chamber (101). Ohki doesn’t explicitly teach exposing the second facet without removing the cleaved semiconductor structure from the enclosure. However, Charache (fig. 14) teaches exposing the second facet ([0069], 15) without removing the semiconductor structure ([0069], 100) from the enclosure ([0067], 36). Charache also teaches that this avoids exposing the diode laser to atmosphere between steps ([0014]-[0015]). Claims 5 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Ohki as applied to Claim 1 and 9 above, and further in view of Verhaverbeke et al. (2007/0093071 A1; hereinafter Verhaverbeke). Regarding Claim 5, Ohki doesn’t teach the method according to claim 1, wherein the heat beam provided by the heating source is at least one of: laser irradiation, infrared radiation. However, Verhaverbeke (fig. 4) teaches the heat beam provided by the heating source ([0053], 420) is at least one of: laser irradiation, infrared radiation ([0053], infrared lamps). One of ordinary skill in the art could have substituted the infrared lamp of Verhaverbeke for the lamp of Ohki and yielded the predictable results of heating a semiconductor. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the infrared lamp of Verhaverbeke for the lamp of Ohki, since simple substitution of heating sources for another is an appropriate rationale to support a rejection under 35 U.S.C. 103. KSR International Co. v. Teleflex Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007). Regarding Claim 10, Ohki doesn’t teach the system according to claim 9, wherein the heating source comprises at least one of: a laser, an infrared lamp. However, Verhaverbeke (fig. 4) teaches the heating source ([0053], 420) comprises at least one of: a laser, an infrared lamp ([0053], infrared lamps). One of ordinary skill in the art could have substituted the infrared lamp of Verhaverbeke for the lamp of Ohki and yielded the predictable results of heating a semiconductor. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the infrared lamp of Verhaverbeke for the lamp of Ohki, since simple substitution of heating sources for another is an appropriate rationale to support a rejection under 35 U.S.C. 103. KSR International Co. v. Teleflex Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007). Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Ohki as applied to Claim 1 above, and further in view of Terashima et al. (6069021 B1; hereinafter Terashima). Regarding Claim 11, Ohki (fig. 1) teaches an edge-emitting laser device ([0030], LE) formed by a method of claim 1 the edge-emitting laser (LE) comprising: a cleaved semiconductor structure ([0027], E) having a multi-quantum well structure ([0103], quantum well layer) configured to generate light at a designated wavelength ([0103], 850 nm to 1070 nm); and at least one facet ([0027], BE1) defined by cleaving of the cleaved semiconductor structure (E) along a crystalline direction thereof, the at least one facet (BE1) comprising the ordered oxide layer ([0038], [0062], RC1 may be a thin oxide layer) formed thereon. Ohki doesn’t teach one facet defined by cleaving of the semiconductor structure, along a crystalline direction thereof. However, Terashima teaches one facet (Col. 2, Line 17; optical resonance facet) defined by cleaving of the semiconductor structure (Col. 2, Lines 10-18; silicon), along a crystalline direction thereof (Col. 2, Lines 10-18). Terashima also teaches that utilizing specific cleavage directions forms smooth optical resonance facets (Col. 2, Lines 10-18). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the device of Ohki to include the cleaving direction of Terashima to form smooth facets. 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 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. Any inquiry concerning this communication or earlier communications from the examiner should be directed to ADIN HRNJIC whose telephone number is (571)270-1794. The examiner can normally be reached Monday-Friday 8:00 AM - 4:30 PM. 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, Kretelia Graham can be reached at (571) 272-5055. 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. /A.H./Examiner, Art Unit 2817 /Kretelia Graham/Supervisory Patent Examiner, Art Unit 2817
Read full office action

Prosecution Timeline

Nov 28, 2023
Application Filed
Feb 27, 2026
Non-Final Rejection mailed — §103
May 27, 2026
Response Filed
Aug 25, 2026
Final Rejection mailed — §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12701934
FIN STRUCTURE WITH REDUCED DEFECTS AND MANUFACTURING METHOD THEREOF
4y 9m to grant Granted Aug 04, 2026
Patent 12672376
IMAGE SENSOR INCLUDING A REGION SEPARATION PATTERN
4y 7m to grant Granted Jun 30, 2026
Patent 12604528
DISPLAY DEVICE
3y 0m to grant Granted Apr 14, 2026
Patent 12532614
ORGANIC LIGHT EMITTING DISPLAY DEVICE
4y 10m to grant Granted Jan 20, 2026
Patent 12514095
DISPLAY SUBSTRATES AND MANUFACTURING METHODS THEREOF, AND DISPLAY DEVICES
4y 2m to grant Granted Dec 30, 2025
Study what changed to get past this examiner. Based on 5 most recent grants.

Strategy Recommendation AI-generated — please review before filing

Get a prosecution strategy drawn from examiner precedents, rejection analysis, and claim mapping.
Typically takes 5-10 seconds — AI-generated, attorney review required before filing

Prosecution Projections

3-4
Expected OA Rounds
66%
Grant Probability
76%
With Interview (+9.7%)
3y 4m (~5m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 59 resolved cases by this examiner. Grant probability derived from career allowance rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month