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 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.
Claim 6 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.
What constitutes the limitation “that [temperature decrease rate] obtained when the temperature of said front surface of said substrate is increased in a single stage to said treatment temperature” is vague. It would be impossible to determine what such a temperature decrease rate constitutes when such a single stage temperature increase is not part of the invention at hand.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 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 –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-3 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yokomori(US 20090166351 A1, hereafter Yokomori). Regarding Claim 1, Yokomori discloses:
A method of irradiating a substrate with light(Figs. 1a, 6) to heat the substrate(Fig. 1a [3]), said method comprising the steps of:
(a) irradiating said substrate(See paragraph 0092-0094) with light from a continuous lighting lamp(Fig. 1(a) [5]) to heat said substrate(Fig. 1a [3]) to a preheating temperature(500 degrees C, See Fig. 6) lower than a reaction(diffusion of impurities, See paragraph 0010-0013) occurs in said substrate(Fig. 1a [3]); and
(b) irradiating a front surface of said substrate(Fig. 1a [3]) with a flash of light from a flash lamp(Fig. 1a [5]) to increase the temperature of said front surface in multiple stages(See Fig. 6) to a treatment temperature higher than said reaction temperature(1000 degrees C, See paragraph 0015). So that the temperature increase rate of said front surface is higher in a later stage(time c-d in Fig. 6 is 0.1 seconds, See paragraph 0068, while time d-e is 0.01 seconds, meaning the peak at 1300 degrees C is a higher heating rate than the rise from 500 to 1050 degrees C), said step (b) being performed after said step (a).
Regarding Claim 2, Yokomori further discloses:
Step (b) includes the steps of:
(b-1) irradiating said front surface of said substrate(Fig. 1a [3]) with a flash of light to increase the temperature of said front surface at a first temperature increase rate to an intermediate temperature(Fig. 6 800 degrees C); and
(b-2) irradiating said front surface of said substrate(Fig. 1a [3]) with a flash of light to increase the temperature of said front surface at a second temperature increase rate to said temperature(Fig. 6 1300 degrees C), said second temperature increase rate being higher than said first temperature increase rate, said step(b-2) being subsequent to said step (b-1).
Regarding Claim 3, Yokomori further discloses:
Said substrate(Fig. 1a [3]) is mainly composed of silicon(See paragraph 0010),
Wherein said preheating temperature is between 400° C and 700° C(See Fig. 6 500° C),
Wherein said intermediate temperature is between 600° C and 1000° C(See Fig. 6 800° C), and
Wherein said treatment temperature is between 1100° C and 1300° C(See Fig. 6 1300° C).
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.
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yokomori in view of Aoyama et al.(US 20170117152 A1, hereafter Aoyama).
Regarding Claim 4, Yokomori discloses a method along the limitations of claims 1-2 but doesn’t teach or disclose a germanium substrate wherein said preheating temperature is between 100° C and 400° C, wherein said intermediate temperature is between 300° C and 600° C, and wherein said treatment temperature is between 600° C and 900° C.
In the same field of endeavor Aoyama discloses a germanium substrate(See paragraph 0094),
Wherein said preheating temperature(Fig. 10 [Tp]) is between 100° C and 400° C(350° C, See paragraph 0074),
Wherein said intermediate temperature is between 300° C and 600° C(600° C, See paragraph 0096),
And wherein said treatment temperature is between 600° C and 900° C(700-850° C, See paragraph 0097).
It would have been obvious to one of ordinary skill in the art to implement Aoyama’s substrate along the lines of the method disclosed by Yokomori. One might have been motivated to combine Aoyama’s germanium substrates and temperatures along Yokomori’s process in order to infuse impurities into a germanium substrate. Producing this combination would have generated a predictable result in a creation of a method to heat a germanium substrate.
As a matter of clarity of prosecution and not relied upon as a ground of rejection, a rejection under Aoyama alone may have been possible with respect to claims 1-2 and 4.
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yokomori in view of Timans(US 20200303206 A1, hereafter Timans).
Regarding Claim 4, Yokomori discloses a method along the limitations of claims 1-2 but doesn’t teach or disclose a silicon-germanium substrate wherein said preheating temperature is between 300° C and 600° C, wherein said intermediate temperature is between 600° C and 900° C, and wherein said treatment temperature is between 900° C and 1200° C.
In the same field of endeavor, Timans discloses a silicon-germanium substrate(See paragraph 0032),
wherein said preheating temperature is between 300° C and 600° C(200° C to 500° C, See paragraph 0040),
wherein said intermediate temperature is between 600° C and 900° C(450° C to 900° C, See paragraph 0043), and
wherein said treatment temperature is between 900° C and 1200° C(Above 900° C See Fig. 15 [104]/[Tp]).
It would have been obvious to one of ordinary skill in the art at the time the application at hand was filed to modify the method disclosed by Yokomori along the specifications disclosed by Timans. While the ranges do not share a perfect overlap, when claimed ranges overlap, a prima facie case for obviousness is made. Furthermore, while Timans does not explicitly teach or disclose the range of 900° C to 1200° C, Timans discloses a heating rate of 104° C/s for a millisecond time(See paragraphs 0043-0044), which implies a temperature increase on the scale of 100° C from 900° C, which falls within the claimed range. One might have been motivated to modify the device disclosed by Yokomori with the specifications disclosed by Timans in order to implant impurities into a silicon-germanium substrate, which is a common element in device production. Performing this modification would have generated a predictable result in a heating method for a silicon-germanium substrate.
As a matter of clarity of prosecution and not relied upon as a ground of rejection, a rejection under Timans alone may have been possible with respect to claims 1-2 and 5.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Yokouchi(US 20110262115 A1) discloses a heating method which uses intermediate heating stages. Fuse(US 20180166281 A1) discloses another heating method with an intermediate heating temperature lower than a first heating peak.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARSHALL MU-NUO HATFIELD whose telephone number is (703)756-1506. The examiner can normally be reached Mon-Thus 11:00 AM-9:00PM EST.
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/FERNANDO L TOLEDO/Supervisory Patent Examiner, Art Unit 2897
/MARSHALL MU-NUO HATFIELD/Examiner, Art Unit 2897
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