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 4 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 4 is indefinite because the conflicting proportions of the components in the joint material, that is, the joint is required the presence of at least 1 wt% of mullite and 2 wt% of aluminum nitride, yet the YAS glass is present up to 100 wt%.
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.
Claims 1, 3, 5 and 16 are rejected under 35 U.S.C. 102(a)(1) as anticipated by WALKER et al. (US-2023/0212082).
Claim 1: Walker teaches an semiconductor assemblage comprising two ceramic components and a joining layer comprising a joint material, wherein the ceramic components include aluminum nitride (para. 0078) and the joint material comprises aluminum oxide, silicon dioxide and one rare earth oxide, preferably yttrium oxide (para. 0079); one particular example includes aluminum oxide (Al₂O₃), silicon dioxide (SiO₂) and yttrium oxide (Y2O3) (para. 0110) and thus the exemplifying joining material is Y2O3-Al₂O₃-SiO₂; i.e. (YAS) glass. The joining layer also comprises a crystalline ceramic (para. 0080) which is a reaction between the ceramic components and the bonding material (para. 0119) which includes mullite (para. 0125).
Claim 3: Walker teaches the joining layer comprises a crystalline ceramic phase (para. 0080) which is a reaction between the ceramic components and the bonding material which includes mullite (para. 0119 and 0125) and thus the mullite is encompassed by the YAS glass.
Claim 5: Walker teaches the YAS glass comprises about 29-34 wt% of Y₂O₃, 21-26 wt% of Al2O3 and 40-50 wt% of SiO₂ (para. 0120) which is well within the claimed range of 20-70 wt% Y₂O₃; 10 - 50 wt% Al2O₃; and 1-50 wt% SiO₂,
Claim 16: The joining layer has a thickness of 0.1 to 20 mm (para. 0077) which falls within the claimed range of “no more than 150 µm.”
Claim Rejections - 35 USC § 103
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.
6. Claims 1-7, 9-10, 12, 16, 18-21, and 33-34 are rejected under 35 U.S.C. 103 as being unpatentable over WALKER et al. (US-2023/0212082).in view of GESHI et al (US- 2019/0131123).
Claims 1-3: Walker teaches an semiconductor assemblage comprising two ceramic components and a joining layer comprising a joint material, wherein the ceramic components include aluminum nitride (Walker, para. 0078) and the joint material comprises aluminum oxide, silicon dioxide and one rare earth oxide, preferably yttrium oxide (para. 0079); one particular example includes aluminum oxide (Al₂O₃), silicon dioxide (SiO₂) and yttrium oxide (Y2O3) (Walker, para. 0110) and thus the exemplifying joining material is Y2O3-Al₂O₃-SiO₂; i.e. (YAS) glass. The joining layer also comprises a crystalline ceramic (Walker, para. 0080) which is a reaction between the ceramic components and the bonding material which includes mullite (Walker, para. 0119 and 0125). Geshi teaches a bonding layer formed between a polycrystalline ceramic substrate and a semiconductor substrate and the bonding layer includes the material of the polycrystalline ceramic substrate would suppress the deterioration of the bonding state (Geshi, para. 0026), wherein the polycrystalline ceramic substrate includes aluminum nitride (Geshi, para. 0030). In light of the teaching of Geshi, the POSITA would be motivated to include the aluminum nitride in the substrate in Walker’s semiconductor assemblage in the joining layer in order to suppress the deterioration of the bonding property of the joining layer.
Claim 4: Geshi teaches the relationship in proportions between the bonding layer and the material of the polycrystalline ceramic substrate (Geshi, para. 0016) and thus the proportions of the aluminum nitride in the joining layer would have naturally resulted within the claimed range through application of the relationship taught by Geshi.
Claim 5: Walker teaches the YAS glass comprises about 29-34 wt% of Y₂O₃, 21-26 wt% of Al2O3 and 40-50 wt% of SiO₂ (para. 0120) which is well within the claimed range of 20-70 wt% Y₂O₃; 10 - 50 wt% Al2O₃; and 1-50 wt% SiO₂, wherein the sum of Y2O3 + Al2O3 + SiO₂ is at least 95 wt%.
Claim 6: Geshi teaches that the aluminum nitride from the polycrystalline ceramic substrate can be added to the bonding layer by sintering the substrate and the bonding material (Geshi, para. 0037 and 0046) and thus it is expected that the YAS glass comprises a peripheral region and a core region, and the peripheral region interfacing with at least a portion of the first and/or second aluminum nitride components and the core region located in at least a central region of the joint.
Claim 7: The alumina content in the core region is an expected result naturally flowing through the application of Geshi bonding formation in the assemblage of Walker.
Claim 9: Walker teaches the YAS glass comprises about 29-34 wt% of Y₂O₃, 21-26 wt% of Al2O3 and 40-50 wt% of SiO₂ (para. 0120) which is well within the claimed range of 30 - 55 wt% Y2O₃; 10 - 30 wt% Al2O3; and 15 - 50 wt% SiO₂, wherein the sum of Y2O3 + Al2O3 + SiO₂ is at least 95 wt%.
Claim 10: Geshi teaches the relationship in proportions between the bonding layer and the material of the polycrystalline ceramic substrate (Geshi, para. 0016) and thus the proportions of the aluminum nitride in the joining layer would have naturally resulted within the claimed range through application of the relationship taught by Geshi.
Claim 12: : Walker teaches the YAS glass comprises about 29-34 wt% of Y₂O₃, 21-26 wt% of Al2O3 and 40-50 wt% of SiO₂ (Walker, para. 0120), which yields at least 90 wt% of the YAS glass, and thus leaves up to 10 wt% of mullite, which is well within the claimed range of 1 to 30 wt%.
Claim 16: The joining layer has a thickness of 0.1 to 20 m (para. 0077) which falls within the claimed range of “no more than 150 µm.”
Claim 18: Walker teaches the substrate being electrostatic chucks and pedestal mount (Walker, para. 0008 and 0076) and the other substrate being a pedestal shaft (Figure 4, numeral 9610).
Claim 19: Walker teaches an semiconductor assemblage comprising two ceramic components and a joining layer comprising a joint material, wherein the ceramic components include aluminum nitride (Walker, para. 0078) and the joint material comprises aluminum oxide (Al₂O₃), silicon dioxide (SiO₂) and yttrium oxide (Y2O3) (Walker, para. 0110) and thus the exemplifying joining material is Y2O3-Al₂O₃-SiO₂; i.e. (YAS) glass. Walker teaches the YAS glass comprises about 29-34 wt% of Y₂O₃, 21-26 wt% of Al2O3 and 40-50 wt% of SiO₂ (para. 0120) which is well within the claimed range of 20-70 wt% Y₂O₃; 10 - 50 wt% Al2O₃; and 1-50 wt% SiO₂, wherein the sum of Y2O3 + Al2O3 + SiO₂ is at least 95 wt%.
Claim 20: Walker teaches the ceramic component comprises yttrium aluminum oxide garnet (para. 0064) and thus the yttria is expected to be at least 1 wt%.
Claim 21: Geshi teaches the relationship in proportions between the bonding layer and the material of the polycrystalline ceramic substrate (Geshi, para. 0016) and thus the proportions of the aluminum nitride in the joining layer would have naturally resulted within the claimed range through application of the relationship taught by Geshi (i.e. at least w 2t% of AlN). With regards to the mullite proportion, Walker teaches the YAS glass comprises about 29-34 wt% of Y₂O₃, 21-26 wt% of Al2O3 and 40-50 wt% of SiO₂ (Walker, para. 0120), which yields at least 90 wt% of the YAS glass, and thus leaves up to 10 wt% of mullite, which is well within the claimed range of 1 to 30 wt%.
Claims 33-34: Walker teaches the YAS glass comprises about 29-34 wt% of Y₂O₃, 21-26 wt% of Al2O3 and 40-50 wt% of SiO₂ (para. 0120) which is well within the claimed range of 10-60 wt% or 20-40 wt% Y₂O₃; 5-40 wt% or 20-40 wt% Al2O₃; and 10-60 wt% or 20-40 wt% SiO₂, which yields at least 90 wt% of the YAS glass, and thus leaves up to 10 wt% of AlN.
Allowable Subject Matter
Claims 8, 13, and 17 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: Walker fails to teach the silica component being less than 20 wt% as required in claim 8 Neither Walker nor Geshi teaches AlN component t with a rich yttria (up to 30 wt%) (claim 13). As shown in the instant specification, a strength of less than 11 MPa yields a He leakage of 1x 10-4 mbar-l/sec or higher (Pages 14-15, Table 1). Walker and Geshi does not teach the strength of the joining/bonding material.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HOA (Holly) LE whose telephone number is (571)272-1511. The examiner can normally be reached Monday to Friday, 10:00 am to 7:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Alicia Chevalier can be reached at 571-272-1490. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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HOA (Holly) LE
Primary Examiner
Art Unit 1788
/HOA (Holly) LE/Primary Examiner, Art Unit 1788