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
Applicants’ election with traverse of Species (A1) in the reply filed on September 11, 2026, is acknowledged. The traversal is on the ground(s) that claims 1-3 have the common technical feature that the heat treatment is performed at a maximum temperature within a region bounded by predetermined line segments as shown in Figs. 6-7 and that an undue search burden does not exist. This is found persuasive with respect to the species restriction between Species (A2) and (A3) as these species recite overlapping temperature and oxygen partial pressure ranges with oxygen concentration ranges that touch at a concentration of 1×1017 atoms/cm3. Accordingly, Species (A2) and (A3) are rejoined as a single species (hereinafter (A2-A3)) that encompasses claims 2-3. Applicants’ arguments are not found persuasive with respect to Species (A1) since the materials parameters and annealing conditions of Species (A1) do not overlap with those of Species (A2-A3). As an example, Species (A1) recites an oxygen partial pressure of 1 to 10% while Species (A2-A3) recites an oxygen partial pressure of greater than 10% which means that in Figs. 6-7 there is no overlap in the oxygen concentration between these species. Moreover, the Examiner has, at a minimum, shown that an undue search burden exists since searching the different species would require the use of different search strategies or search queries.
Claims 2-3 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected species, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on September 11, 2026.
The requirement is still deemed proper and is therefore made FINAL.
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
The following title is suggested:
Method for manufacturing a silicon wafer having an oxygen concentration by performing rapid thermal processing in an inert gas atmosphere having an oxygen partial pressure
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.
Claim1 is 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.
Claim 1 recites the step of “placing wafers” in l. 2. It is unclear whether the “wafers” recited in l. 2 are the same as or different from the “silicon wafer” recited in the preamble in l. 1. Moreover, it is unclear how a single Si wafer is produced from multiple “wafers.” It is assumed applicants intended to recite, for example, the step of “placing the silicon wafer
Claim 1 recites “the maximum temperature” in ll. 5-6. There is insufficient antecedent basis for this limitation in the claim. It is assumed applicants intended to recite “a maximum temperature.”
The term “rapid thermal processing” in claim 1 is a relative term which renders the claim indefinite. The term “rapid thermal processing” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. Since neither the specification nor the claim as filed teaches or suggests how quickly the thermal processing must be performed in order to be considered as “rapid thermal processing,” its recitation in claim 1 is therefore considered to be indefinite.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of pre-AIA 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(b) the invention was patented or described in a printed publication in this or a foreign country or in public use or on sale in this country, more than one year prior to the date of application for patent in the United States.
Claim 1 is rejected under 35 U.S.C. 102(a)(1) or 102(a)(2) as being anticipated by U.S. Patent Appl. Publ. No. 2006/0189169 to Adachi, et al. (hereinafter “Adachi”).
Regarding claim 1, Adachi teaches a method of manufacturing a silicon wafer (see the Abstract, Figs. 1-5, and entire reference which teach a method of manufacturing a Si wafer (1)), comprising:
a step of placing wafers, sliced from a silicon single crystal and having an oxygen concentration in the range of 1 × 1016 atoms/cm3 to 7 × 1017 atoms/cm3, in a chamber (see Fig. 1 and ¶[0010] which teach that Si wafers are sliced from a Si single crystal ingot; see ¶¶[0041]-[0044] which teach that the Si wafer preferably has an oxygen concentration of at least 6.5×1017 atoms/cm3 which falls within the claimed range; see also ¶[0051]-[0054] which teach a step of performing a high temperature heat treatment in a gas atmosphere containing oxygen which necessarily would involve placing the Si wafer in an annealing chamber in order to control the oxygen concentration to within the desired range) and
a step of performing a rapid thermal processing at the maximum temperature reached of not less than 1250 ˚C or not more than 1350 ˚C in the chamber into which an inert gas having an oxygen partial pressure in the range of 1% to 10 % is introduced (see ¶[0051]-[0054] which teach that the Si wafer is heat treated at a temperature of 1,250 to 1,380 °C in an inert gas atmosphere containing at least 5% of oxygen for a time period of at least 1 h).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. U.S. Patent Appl. Publ. No. 2010/0038757 to Isogai, et al. teaches an analogous method of annealing a Si wafer in a chamber at a predetermined temperature and oxygen pressure.
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.
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/KENNETH A BRATLAND JR/Primary Examiner, Art Unit 1714
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