Prosecution Insights
Last updated: October 04, 2026
Application No. 18/571,926

METHOD OF PREPARING A SURFACE OF A SINGLE CRYSTAL WAFER AS AN EPITAXIAL TEMPLATE, EPITAXIAL TEMPLATE AND DEVICE

Final Rejection §103§112
Filed
Dec 19, 2023
Priority
Jul 01, 2021 — nonprovisional of PCTEP2021068243
Examiner
BRATLAND JR, KENNETH A
Art Unit
1714
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Max-planck-gesellschaft Zur Förderung der Wissenschaften E.v.
OA Round
2 (Final)
56%
Grant Probability
Moderate
3-4
OA Rounds
4m
Est. Remaining
72%
With Interview

Examiner Intelligence

Grants 56% of resolved cases
56%
Career Allowance Rate
497 granted / 886 resolved
-8.9% vs TC avg
Strong +16% interview lift
Without
With
+16.3%
Interview Lift
resolved cases with interview
Typical timeline
3y 2m
Avg Prosecution
52 currently pending
Career history
935
Total Applications
across all art units

Statute-Specific Performance

§101
0.3%
-39.7% vs TC avg
§103
52.3%
+12.3% vs TC avg
§102
14.4%
-25.6% vs TC avg
§112
23.7%
-16.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 886 resolved cases

Office Action

§103 §112
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 . Claim Objections The objection to claims 25-38 is withdrawn in view of applicants’ claim amendments. Claim Interpretation The recitation of a pressure in units of “hPa” in claim 35 is interpreted as a hectopascal which is a unit of pressure equal to 100 Pascals. Thus, a pressure of 10-8 to 10-12 hPa is equivalent to 10-6 to 10-10 Pa. Claim Rejections - 35 USC § 112 The previous 35 U.S.C. 112(b) rejections of claims 24-38 are withdrawn in view of applicants’ claim amendments. 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 24-26 and 29-38 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 pre-AIA the applicant regards as the invention. As amended, claim 24 recites two different steps of heating which involve (i) heating a single crystal wafer substrate to a temperature at which surface atoms reconstruct and/or migrate and (ii) heating the substrate to a temperature at which atoms or molecules leave the surface which is followed by a wherein clause that recites “a step of heating the single crystal wafer comprises two heating components” and then lists a first and second component of heating. However, it is unclear whether the wherein clause further defines the heating process that is performed in steps (i) and (ii) noted above, if it requires additional heating steps that are performed in addition to steps (i) and (ii), or if it is merely describing capabilities of the heating process in the abstract. Since the wherein clause in claim 24 merely recites that “a step of heating the single crystal wafer comprises two heating components” in the abstract and does not list these components as steps that are actively performed as part of the claimed method, for examination purposes the wherein clause is treated as merely describing what the heating steps are capable of doing rather than a separate process step that is performed as part of the claimed method. Stated in other words, the wherein clause in claim 24 appears to merely recite what the process of heating the single crystal wafer is capable of doing rather than a separate step that is actually being done. Dependent claims 25-26 and 29-38 are similarly rejected due to their direct or indirect dependence on claim 24. Claim Rejections - 35 USC § 103 The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action. Claims 24-26, 29-33, and 35-37 is/are rejected under 35 U.S.C. 103 as being unpatentable over a publication to E. Thune, et al. entitled “Understanding of one dimensional ordering mechanisms at the (001) sapphire vicinal surface,” J. Appl. Phys. Vol. 121, p. 015301 (2017) (hereinafter “Thune”) in view of U.S. Patent Appl. Publ. No. 2019/0024258 to Masafumi Mizuguchi (“Mizuguchi”) and further in view of U.S. Patent No. 6,344,084 to Koinuma, et al. (“Koinuma”) and still further in view of U.S. Patent Appl. Publ. No. 2021/0398807 to Kaneko, et al. (“Kaneko”). Regarding claim 24, Thune teaches a method of preparing a surface of a single crystal wafer as an epitaxial template, the surface comprising surface atoms and/or surface molecules, the single crystal wafer comprising a single crystal composed of two or more elements and/or two or more molecules as substrate constituents, each element and molecule respectively having a sublimation rate (see the Abstract, Figs. 1-12, and entire reference which teach preparing the surface of a sapphire (Al2O3) substrate as an epitaxial template, said sapphire substrate being comprised of Al and O atoms which each have a sublimation rate), the method comprising the steps of: providing a single crystal wafer substrate with a defined miscut angle and direction (see Figs. 1-2, Section I, and Section II(A) at pp. 015301-1 to -3 which teach providing 10×10 cm wide and 0.1 mm thick polished sapphire substrates with a miscut angle m of 1, 5, or 10° from the (001) planes with the step edges along the 110 direction); heating the substrate to a temperature at which the surface atoms and/ or the surface molecules can reconstruct and/or migrate along the surface to form an arrangement with a minimal step density according to the defined miscut angle and miscut direction and step edges oriented according to the predefined miscut angle and miscut direction (see Sections II(A)-(C) which teach that the sapphire substrates are subject to a thermal treatment in air and the results are measured using AFM and GISAXS analyses; see also Figs. 5-10 and Sections III(A)-(C) which investigate the influence of annealing to 1,125, 1,250, and 1,500 °C for different times and miscut angles on the sapphire substrate with the results specifically showing that adatom surface migration causes step edges to be oriented according to the miscut angle and direction while the period (i.e., the density) of the steps increases and becomes uniform with increasing temperature and annealing time, but decreases with increasing miscut angle; accordingly, a local minimum in the step density is attained for a given miscut angle, temperature, and annealing time); heating the substrate to a temperature at which atoms or molecules of the substrate constituent having the highest sublimation rate may leave the surface (see at least Fig. 5 and Section II(A) which teach that heating the sapphire substrate to a final temperature of 1,250 or 1,500 °C necessarily causes at least some oxygen atoms to desorb (i.e., sublime) from the surface since the annealing temperature is a significant fraction of the 2,030 to 2,050 °C melting temperature of sapphire due to the availability of additional thermal energy for the desorption of oxygen atoms); wherein a step of heating the single crystal wafer comprises two heating components (As an initial matter it is noted that the claim appears to merely recite that “a step of heating” comprises two heating components and does not specifically require that this is another step that is actively performed as part of the claimed method. Consequently, the wherein clause is treated as merely describing what the heating steps are capable of doing. Since the heating method of Thune is capable of heating the substrate and gaseous ambient in the claimed manner, it therefore meets the claim. Alternatively, Thune in combination with Koinuma and Kaneko are relied upon to teach a first and second component of heating as set forth infra): a first component of heating the single crystal wafer at a surface disposed remote from a surface to be treated (see Sections II(A) and III(A) of Thune which teach that the entire sapphire substrate is heated to temperatures of 1,125, 1,250, and 1,500 °C which necessarily means that both front and back surfaces of the sapphire substrate are heated). Even if it is assumed arguendo that Thune does not teach heating the substrate to a temperature at which atoms or molecules of the substrate constituent having the highest sublimation rate may leave the surface, this would have been obvious in view of Mizuguchi. In Figs. 1-4 and ¶¶[0025]-[0054] as well as the Example at ¶¶[0055]-[0062] Mizuguchi teaches an analogous method of heat treating a sapphire substrate (13) in which a first heat treatment in an atmosphere containing oxygen (S1001) is followed by a second heat treatment in which the sapphire is annealed in a vacuum or within an inert gas atmosphere (S1003). The first heating step is performed at a temperature of 1,600 °C or higher while the second heating step is performed at a temperature of 1,800 °C or higher with the latter causing oxygen atoms which were introduced in the first heating step to be removed (i.e., sublimed) in an optimal manner. As shown in Fig. 4, the two-stage annealing step produces a sapphire wafer with an average internal transmittance of 95% or higher for light in the 150 to 220 nm wavelength range. Thus, a PHOSITA prior to the effective filing date of the invention would, after performing an initial heat treatment in air as per the teachings of Mizuguchi, be motivated to follow this up with a second annealing treatment in a vacuum or inert atmosphere at a temperature of 1,800 °C or higher at which oxygen atoms leave the surface in order to produce a sapphire substrate with an average internal transmittance of 95% or higher. Thune and Mizuguchi do not teach that a second component of heating is provided to a source to irradiate the surface to be treated. However, in Fig. 1 and col. 7, l. 64 to col. 11, l. 65 Koinuma teaches an analogous embodiment of a system and method for processing one or more substrates (5) such as sapphire which are supported by a holder (6) provided within a vacuum chamber (2) with a back side of the holder (6) being heated by heaters (7) and (8). The chamber is also equipped with nozzles (19) which feed a reactive gas such as oxygen to the chamber (2). A front side of the substrates (5) face a plurality of raw material targets (12) which are supported by a table (10) and which are ablated with a laser beam (13) produced by a light source (14) in order to produce a plume of material that is deposited onto the desired substrate (5). In col. 9, ll. 26-27 Koinuma specifically teaches that the substrate (5) may be comprised of sapphire (i.e., Al2O3) while col. 9, ll. 55-62 further teaches that the target (12) can be any material that is in a solid state for use which would necessarily include sapphire. The process of ablating the target (12) also produces heat which indirectly heats a front side of the substrates (5) while it is simultaneously being heated from a back side using heaters (7) and (8) during an annealing and/or deposition process. Thus, a PHOSITA prior to the effective filing date of the invention would recognize that the process of annealing a sapphire substrate in the method of Thune and Mizuguchi may be performed in the apparatus of Koinuma which includes both backside heaters (7) and (8) and a source of heat from the front as a result of ablating a target (12) during one or more substrate processing steps with the motivation for doing so being to facilitate performing multiple processes on the same substrate such as annealing, etching, and film growth within the same process chamber. Thune, Mizuguchi, and Koinuma do not teach that the surface to be treated is irradiated with a flux of most volatile constituent of a surface material which is the substrate constituent having the highest sublimation rate. However, in Figs. 1-6, ¶¶[[0071]-[0165], and Example 1 in ¶¶[0237]-[0241] Kaneko teaches an analogous system and method for annealing a compound semiconductor comprised of SiC in step (S10) prior to performing epitaxial growth in step (S20). In Fig. 2 and ¶[0076] Kaneko specifically teaches that the surface of the substrate (10) becomes contaminated and damaged as result of slicing, polishing, and grinding and that this produces strain (111), scratches (112), and latent scratches (113) near the surface which produces a strained layer (11). In step (S10) and ¶¶[0083]-[0118] the strained layer (11) is removed by the Si vapor pressure etching method in which the substrate (10) is annealed at high temperatures in a gaseous ambient comprised of excess Si vapor which causes surface Si atoms to desorb by thermal decomposition and excess C on the surface then reacts with Si vapor and is sublimated as SiC. Removal of the strained layer (11) produces a step-terrace structure comprised of steps (15) and terraces (16) at the atomic level which is suitable for growth of a high quality epitaxial layer (13) in step (S20). Thus, the teachings of Kaneko show that annealing in a flux comprised of the most volatile constituent may be performed in order to remove surface contaminants present in a strained layer (11) and thereby produce an atomically flat surface suitable for the growth of a high quality epitaxial layer. Consequently, a PHOSITA prior to the effective filing date of the invention would be motivated to perform the annealing method of Thune and Mizuguchi in an atmosphere comprised of excess oxygen in order to promote etching of the near-surface layer of the sapphire substrate such that surface damage and contaminants may be removed to produce an atomically flat surface suitable for epitaxial growth. Regarding claim 25, Thune teaches that the sublimation rates of the two or more elements and/or two or more molecules at a given temperature differ from one another (see Figs. 1-2, Section I, and Section II(A) at pp. 015301-1 to -3 which teach providing 10×10 cm wide and 0.1 mm thick polished sapphire substrates which are necessarily comprised of Al and O atoms which have different sublimation rates at a given temperature). Regarding claim 26, Thune teaches that a sublimation temperature of the two or more elements and/or two or more molecules differs by at least 2°C (see Figs. 1-2, Section I, and Section II(A) at pp. 015301-1 to -3 which teach providing 10×10 cm wide and 0.1 mm thick polished sapphire substrates which are necessarily comprised of Al and O atoms which have sublimation temperatures which necessarily differ by more than 2 °C). Regarding claim 29, Thune, Mizuguchi, and Koinuma do not teach that the flux is selected lower than the sublimation rate of the most volatile constituent of the surface material. However, as noted supra with respect to the rejection of claim 24, in step (S10) and ¶¶[0083]-[0118] Kaneko teaches that the strained layer (11) on a SiC substrate (10) is removed by the Si vapor pressure etching method in which the substrate (10) is annealed at high temperatures in a gaseous ambient comprised of excess Si vapor which causes surface Si atoms to desorb by thermal decomposition and excess C on the surface then reacts with Si vapor and is sublimated as SiC. Removal of the strained layer (11) produces a step-terrace structure comprised of steps (15) and terraces (16) at the atomic level which is suitable for growth of a high quality epitaxial layer (13) in step (S20). Thus, the teachings of Kaneko show that annealing in a flux comprised of the most volatile constituent may be performed in order to remove surface contaminants present in a strained layer (11) and thereby produce an atomically flat surface suitable for the growth of a high quality epitaxial layer. Consequently, a PHOSITA prior to the effective filing date of the invention would be motivated to perform the annealing method of Thune and Mizuguchi in an atmosphere comprised of a flux of oxygen which promotes sublimation of oxygen atoms in the near-surface layer (i.e., etching) of the sapphire substrate such that surface damage and contaminants may be removed to produce an atomically flat surface suitable for epitaxial growth. Regarding claim 30, Thune, Mizuguchi, and Koinuma do not teach that an intensity of flux is selected to provide an equilibrium between a number of atoms or molecules reaching the substrate surface and a number of atoms or molecules leaving the surface. However, as noted supra with respect to the rejection of claim 29, in step (S10) and ¶¶[0083]-[0118] Kaneko teaches that the strained layer (11) on a SiC substrate (10) is removed by the Si vapor pressure etching method in which the substrate (10) is annealed at high temperatures in a gaseous ambient comprised of excess Si vapor which causes surface Si atoms to desorb by thermal decomposition and excess C on the surface then reacts with Si vapor and is sublimated as SiC. Removal of the strained layer (11) produces a step-terrace structure comprised of steps (15) and terraces (16) at the atomic level which is suitable for growth of a high quality epitaxial layer (13) in step (S20). Thus, the teachings of Kaneko show that annealing in a flux comprised of the most volatile constituent may be performed in order to remove surface contaminants present in a strained layer (11) and thereby produce an atomically flat surface suitable for the growth of a high quality epitaxial layer. Consequently, a PHOSITA prior to the effective filing date of the invention would be motivated to perform the annealing method of Thune and Mizuguchi in an atmosphere comprised of a flux of oxygen which initially promotes etching and removal of a strained layer (11) and then provides an equilibrium between the number of atoms reaching and leaving the surface such that an atomically smooth surface comprised of steps (15) and terraces (16) is produced which is suitable for epitaxial growth. Regarding claim 31, Thune and Mizuguchi teach that the sublimation temperature is a temperature greater than 950 °C (see Fig. 5 and Section III(A) of Thune which teaches heating to a sublimation temperature of 1,125, 1,250, or 1,500 °C; see also ¶[0034] of Mizuguchi which teaches heating to a sublimation temperature of 1,900 °C or higher). Regarding claim 32, Thune teaches that one of several energetically equivalent in-plane surface reconstruction unit cells is selected by defining the miscut direction (see Figs. 1-2, Section I, and Section II(A) at pp. 015301-1 to -3 which teach that the sapphire substrates have a miscut angle m of 1, 5, or 10° from the (001) planes with the step edges along the 110 direction which necessarily results in selecting an in-plane surface reconstruction unit cell). Regarding claim 33, Thune teaches that the two or more elements and/or two or more molecules of the crystal are selected from the group of members consisting of: Si, C, Ge, As, Al, O, N, O, Mg, Nd, Ga, Ti, La, Sr, Ta and combinations of the foregoing (see Figs. 1-2, Section I, and Section II(A) at pp. 015301-1 to -3 which teach providing 10×10 cm wide and 0.1 mm thick polished sapphire substrates which are comprised of Al and O). Regarding claim 35, Thune does not teach that the step of heating is carried out in a vacuum atmosphere selected in the range of 10-8 to 10-12 hPa (i.e., 10-6 to 10-10 Pa). However, in at least ¶[0038] Mizuguchi teaches that in the second heating step the number of oxygen molecules per unit volume must be lower than a predetermined level in order to ensure that excess oxygen is removed from the sapphire crystal. In a preferred embodiment the oxygen partial pressure during the second heating step is preferably set to 10-2 Pa or lower which means that annealing is preferably performed in at least a high vacuum where the pressure is down to 10-5 Pa or lower. Since the chamber pressure directly influences the amount of oxygen present during the second annealing step it is therefore considered to be a result-effective variable, i.e., a variable which achieves a recognized result. See, e.g., In re Antonie, 559 F.2d 618, 195 USPQ 6 (CCPA 1977). See also MPEP 2144.05(II)(B). It therefore would have been within the capabilities of a PHOSITA prior to the effective filing date of the invention to utilize routine experimentation to determine the optimal vacuum atmosphere, including within the claimed range of 10-6 to 10-10 Pa, that is necessary to produce a sapphire single crystal having the desired surface structure and optical transparency. Regarding claim 36, Thune does not teach that a step of cutting is carried out by mechanical cutting. However, in Fig. 2 and ¶¶[0039]-[0040] Mizuguchi teaches that sapphire substrates (13) having the desired dimensions, surface plane(s), and miscut are obtained by mechanically cutting a sapphire ingot (11). Thus, a PHOSITA prior to the effective filing date of the invention would recognize that the 10×10 cm wide and 0.1 mm thick polished sapphire substrates utilized in the method of Thune may be obtained by cutting a grown sapphire ingot (11) to the desired dimensions. Regarding claim 37, Thune does not teach that a step of cutting the single crystal wafer from a bulk substrate is carried out by cutting the single crystal wafer from the bulk substrate by cutting the surface in a cutting plane that is different from a plane of the crystal of the bulk substrate. However, as noted supra with respect to the rejection of claim 36, in Fig. 2 and ¶¶[0039]-[0040] Mizuguchi teaches that sapphire substrates (13) having the desired dimensions, surface plane(s), and miscut are obtained by mechanically cutting a sapphire ingot (11). As shown in Fig. 2 of Mizuguchi, obtaining a sapphire wafer (13) having primary surfaces which are comprised of the desired surface plane and miscut necessarily involves cutting the sapphire ingot (11) along one or more cutting planes which are different from planes that form the sapphire ingot (11) itself. Thus, a PHOSITA prior to the effective filing date of the invention would recognize that the 10×10 cm wide and 0.1 mm thick polished (001) sapphire substrates with a miscut of 1, 5, or 10° utilized in the method of Thune may be obtained by cutting the grown sapphire ingot (11) along a surface plane which differs from one or more planes that constitute the growth surface and direction of the ingot (11) itself. Claim 34 is/are rejected under 35 U.S.C. 103 as being unpatentable over Thune in view of Mizuguchi and further in view of Koinuma and still further in view of Kaneko and even further in view of U.S. Patent Appl. Publ. No. 2009/0242843 to Koji Ebara (“Ebara”). Regarding claim 34, Thune and Mizuguchi do not teach that the step of heating is carried out by one or more lasers. However, in Fig. 4, ¶[0060], ¶¶[0140]-[0142], and ¶¶[0162]-[0173] as well as elsewhere throughout the entire reference Ebara teaches an embodiment of a laser annealing apparatus (22) which includes, inter alia, a laser oscillating source (24) that produces a laser beam (223) which irradiates and heats a predetermined region of the surface of a wafer (W) for the desired temperature and duration in order to perform an annealing step. The use of a laser to anneal the surface has the advantage of reducing the generation of thermal stress within the wafer since only a localized region at the surface is heated. Thus, a PHOSITA prior to the effective filing date of the invention would be motivated to use one or more lasers to heat the sapphire substrate in the method of Thune and Mizuguchi in order to more precisely control the area and duration of heating such that the generation of thermal stresses within the sapphire wafer may be minimized. Claim 38 is/are rejected under 35 U.S.C. 103 as being unpatentable over Thune in view of Mizuguchi and further in view of Koinuma and still further in view of Kaneko and even further in view of U.S. Patent Appl. Publ. No. 2015/0104376 to Turchetti, et al. (“Turchetti”). Regarding claim 38, Thune, Mizuguchi, Koinuma, and Kaneko do not teach that the single crystal wafer is cut from the bulk substrate by cutting the surface in a cutting plane that is inclined with respect to the central axis of the bulk substrate by 0.01 to 0.1°. However, in ¶¶[0014]-[0025] as well as elsewhere throughout the entire reference Turchetti teaches an analogous method of annealing a sapphire substrate in order to produce components for use as cover plates in electronic devices. In ¶[0015] Turchetti specifically teaches that the sapphire substrate may have principal surface planes comprised of the c-plane with a miscut or off-axis orientation of between 0 to 18 degrees which necessarily includes the claimed range of 0.01 to 0.1°. Moreover, since Fig. 8 and Section III(C) of Thune teaches that the miscut angle determines materials properties such as the period and height of the surface steps, a PHOSITA prior to the effective filing date of the invention would look to the teachings of Turchetti and would recognize that the sapphire substrate utilized in the method of Thune and Mizuguchi may be cut from a sapphire ingot such that it has a miscut angle within the claimed range of 0.01 to 0.1° with the motivation for doing so being to produce a sapphire substrate having the desired surface structure. Response to Arguments Applicants’ arguments filed August 11, 2026, have been fully considered but they are not persuasive. Applicants have incorporated the subject matter of claims 27 and 28 into claim 1 and argue against the 35 U.S.C. 103 rejection of claims 27-28 by contending that Kaneko describes an etching process which is fundamentally different from annealing as a material-preserving process where atoms move and rearrange themselves on the substrate surface without leaving it. See applicants’ August 11, 2026, reply, pp. 8-9. Applicants’ argument is noted, but is unpersuasive because the processes of etching and annealing are not mutually exclusive. Etching itself is often performed when the substrate is heated to an elevated temperature so that surface atoms not only rearrange themselves on the substrate surface, but also are more efficiently removed via etching depending on the process conditions. Heating the substrate can also facilitate more efficient etching of contaminants by providing additional thermal energy that facilitates their rearrangement and subsequent removal from the surface. In this case the teachings of Thune are relied upon to show that heating a sapphire substrate to a temperature in the range of 1,125 to 1,500 ° in an air atmosphere may be used to control the spacing and density of surface steps and thereby produce a surface more suitable for epitaxial growth which therefore meets the first heating step recited in claim 24. Moreover, as the sapphire substrate is heated to an elevated temperature of 1,125 to 1,500 °C at least some surface atoms, particularly atoms which have a higher sublimation rate, will necessarily attain enough thermal energy to desorb from the surface which therefore meets the second heating step recited in claim 24. In this case the Examiner notes that the claim does not specify the order of the steps and also does not require that the two temperatures be different. Thus, the rearrangement and/or migration of surface atoms to form a minimal step density and desorption of atomic species from the surface can occur at the same temperature and/or in a different order. The teachings of Mizuguchi were introduced as a supplement to the teachings of Thune to show an analogous two-step heating process in which heating in an atmosphere comprised of oxygen is followed by a second heat treatment at a higher temperature, but with a lower oxygen content in order to promote desorption of surface oxygen atoms. The teachings of Mizuguchi show that this heat treatment process yields a sapphire wafer with an higher average internal transmittance of 95% or higher for light in the 150 to 220 nm range. Consequently, the Examiner has provided a suitable motivation for modifying the teachings of Thune to include a second heat treatment at a higher temperature in which oxygen atoms preferentially desorb from the surface. Applicants then argue that since the second heating step in Mizuguchi is accompanied by a reduction in the supply of the more volatile component of the substrate material (i.e., oxygen), Mizuguchi teaches away from providing an additional flow of this material component or from combining Mizuguchi with Kaneko since their teachings are diametrically opposed and would not yield the second component of heating as claimed. Id. at p. 10. Applicants’ argument is noted, but is unpersuasive. Although Mizuguchi does teach the use of a reduced oxygen pressure for the second annealing step (S1003), Mizuguchi does not specify that the oxygen pressure is zero. This is disclosed specifically in ¶¶[0037]-[0038] of Mizuguchi which teach that the oxygen partial pressure may be from 100 up to 10,000 Pa in step (S1001) and then from 10 to 0.01 Pa in step (S1003) and that this may be attained with a chamber pressure of atmospheric pressure or a medium pressure of 100 to 0.1 Pa, respectively. In this case oxygen is still added in the second annealing step (S1003) of Mizuguchi, but at a lower partial pressure of 10 to 0.01 Pa. Consequently, the Mizuguchi disclosure does not teach away from a combination with Kaneko. It is also noted that in providing claim 24 with its broadest reasonable interpretation, the process of annealing sapphire at temperatures of up to 1,500 °C in an air atmosphere may be considered as meeting the second component of heating as the sapphire substrate is subject to (i.e., is irradiated with) a flux of oxygen atoms from the air which are indirectly heated by thermal energy emanating from the heated sapphire substrate itself. The Examiner also notes that although not currently rejected under 35 U.S.C. 112(b), there appears to be insufficient antecedent basis for the recitation of “the substrate” in l. 11 of claim 24. It is assumed applicants intended to recite “the single crystal wafer substrate.” 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. Any inquiry concerning this communication or earlier communications from the examiner should be directed to KENNETH A BRATLAND JR whose telephone number is (571)270-1604. The examiner can normally be reached Monday- Friday, 7:30 am to 4:30 pm EST. 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, Kaj Olsen can be reached at (571) 272-1344. 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. /KENNETH A BRATLAND JR/Primary Examiner, Art Unit 1714
Read full office action

Prosecution Timeline

Dec 19, 2023
Application Filed
May 12, 2026
Non-Final Rejection mailed — §103, §112
Aug 11, 2026
Response Filed
Sep 03, 2026
Final Rejection mailed — §103, §112 (current)

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Prosecution Projections

3-4
Expected OA Rounds
56%
Grant Probability
72%
With Interview (+16.3%)
3y 2m (~4m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 886 resolved cases by this examiner. Grant probability derived from career allowance rate.

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