DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Status of Claims
Claims 1-22 were filed on 08/20/2024. By preliminary amendment filed on 11/18/2024, claims 1-4, 6, 12-15, and 17 are pending and presented for examination on the merits. Claims 1, 3, 4, 6, 12, 14, 15, and 17 are currently amended.
Foreign Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. 15/011,798, filed on 02/01/2016.
Domestic Priority
Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged. Applicant has not complied with one or more conditions for receiving the benefit of an earlier filing date under 35 U.S.C. 120 as follows:
The later-filed application must be an application for a patent for an invention which is also disclosed in the prior application (the parent or original nonprovisional application or provisional application). The disclosure of the invention in the parent application and in the later-filed application must be sufficient to comply with the requirements of 35 U.S.C. 112(a) or the first paragraph of pre-AIA 35 U.S.C. 112, except for the best mode requirement. See Transco Products, Inc. v. Performance Contracting, Inc., 38 F.3d 551, 32 USPQ2d 1077 (Fed. Cir. 1994).
The disclosure of the prior-filed applications, Application No. 12/995,082 and Application No. 15/011,798, fail to provide adequate support or enablement in the manner provided by 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph for one or more claims of this application. The prior-filed applications disclose an oxygen content and a carbon content as gas components being 50 wtppm or less respectively. See Appl. No. 12/995,082 at para. [0010] of the specification as originally filed; Appl. No. 15/011,798 at para. [0014] of the specification as originally filed. Neither prior-filed application discloses an oxygen content of 500 wtppm, as recited in independent claims 1 and 12 of the present application. Therefore, none of the present claims is entitled to the benefit of the filing date of the prior-filed applications. Accordingly, claims 1-4, 6, 12-15, and 17 have an earliest effective filing date as of the date they were actually filed, i.e., 11/18/2024.
Information Disclosure Statement
One (1) information disclosure statement (IDS) was submitted on 08/20/2024. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the IDS is being considered by the examiner.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-4, 6, 12-15, and 17 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Regarding claims 1 and 12, the limitation reciting that the oxygen is 500 wtppm or less as a gas component introduces new matter to the claim because this range is not disclosed in the specification as originally filed. The present specification discloses an oxygen content as gas component in an amount of 50 wtppm or less (para. [0014], [0023], [0030]). Nowhere does the present specification permit the oxygen to be as high as 500 wtppm as claimed. Therefore, the limitation is not supported by the present specification.
Regarding claims 2-4 and 6, the claims are likewise rejected, as they incorporate all limitations of rejected claim 1.
Regarding claims 13-15 and 17, the claims are likewise rejected, as they incorporate all limitations of rejected claim 12.
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.
Claims 1-4, 6, 12-15, and 17 are rejected under pre-AIA 35 U.S.C. 102(b) as being anticipated by US 2011/0094879 (A1) to Suzuki et al. (“Suzuki ʹ879”).
Regarding claims 1 and 2, Suzuki ʹ879 discloses a tungsten sintered target to be used in a sputtering (tungsten sintered sputtering target). Para. [0001]. The target is made by subjecting tungsten powder to a pressure sintering process (target has a structure formed of pressure-sintered grains of a tungsten powder). Para. [0023].
The target is made of high-purity tungsten powder with total impurity concentration being limited to 10 wtppm or less (10 wtppm or less of impurities in total). Para. [0017]. Phosphorus is an impurity in which the content is 1 wtppm or less and a lower limit of 0.01 wtppm (0.01-1.0 wtppm phosphorus content). Para. [0014], [0020]. The oxygen content and carbon content as gas components are 50 wtppm or less each (500 wtppm or less oxygen and 50 wtppm or less of carbon as gas components). Para. [0017]. Because no other elements are required in the target, the transitional phrase “consisting of” is met. See MPEP § 2111.03(II).
The relative density of the target is 99% or higher (sintered structure has a relative density of 99% or more). Para. [0016].
The average crystal grain size is 50 µm or less. Para. [0016]. The average grain size can be 30 µm (para. [0039]) or 45 µm (para. [0054]) (average crystal grain size of 30 µm to 45 µm).
If abnormally grown grains are only generated within a range of 1 mm form the surface, the grain size of the abnormally grown grains that are generated is 150 µm or less (region of a layer more than 1 mm below a surface of the sputtering target has no abnormal crystal grain of a size that exceeds 150 µm). Claim 8; Table 1 – Examples 1-4.
In an example, the sputtering target has a phosphorus content of 0.5 ppm, an oxygen content of 3 wtppm, a relative density of 99.9%, an average crystal grain size of 30 µm, and no abnormal grains (para. [0038]-[0040]; Table 1), which fall within the claimed ranges.
A specific example in the prior art that falls within claimed ranges anticipates a claimed range. MPEP § 2131.03(I). Since Suzuki ʹ879 discloses a specific example that falls within the claimed ranges as well as ranges that are identical to the claimed ranges, Suzuki ʹ879 anticipates the claimed ranges.
Regarding claims 3 and 4, Suzuki ʹ879 discloses examples where abnormal grains having a grain size of 70 µm and 150 µm exist at 0.5 mm or 0.8 mm from the surface (abnormal crystal grain exist only within 1 mm below the surface of the sputtering target and the size of the abnormal crystal grains is 150 µm or less; no abnormal crystal grains have a size exceeding 150 µm). Table 1 – Example 3 and Example 4.
Regarding claim 6, Suzuki ʹ879 discloses examples where there are no abnormal grains (no abnormal crystal grain having a size exceeding 50 µm). Table 1 – Example 1 and Example 2.
Regarding claims 12 and 13, Suzuki ʹ879 discloses a tungsten sintered target to be used in a sputtering (tungsten sintered sputtering target). Para. [0001]. The target is made by subjecting tungsten powder to a sintering process (sintered structure of sintered tungsten powder). Para. [0023]. Because the target is made entirely of sintered powders, the structure of the target is an entirely sintered structure (target consisting of a sintered structure of sintered tungsten powder).
The target is made of high-purity tungsten powder with total impurity concentration being limited to 10 wtppm or less (10 wtppm or less of impurities in total). Para. [0017]. Phosphorus is an impurity in which the content is 1 wtppm or less and a lower limit of 0.01 wtppm (0.01-1.0 wtppm phosphorus content). Para. [0014], [0020]. The oxygen content and carbon content as gas components are 50 wtppm or less each (500 wtppm or less oxygen and 50 wtppm or less of carbon as gas components). Para. [0017]. Because no other elements are required in the target, the transitional phrase “consisting of” is met. See MPEP § 2111.03(II).
The relative density of the target is 99% or higher, with an example relative density being 99.5% (sintered structure has a relative density of 99.5% or more). Para. [0016], [0048].
The average crystal grain size is 50 µm or less. Para. [0016]. The average grain size can be 30 µm (para. [0039]) or 45 µm (para. [0054]) (average crystal grain size of 30 µm to 45 µm).
If abnormally grown grains are only generated within a range of 1 mm form the surface, the grain size of the abnormally grown grains that are generated is 150 µm or less (region of a layer more than 1 mm below a surface of the sputtering target has no abnormal crystal grain of a size that exceeds 150 µm). Claim 8; Table 1 – Examples 1-4.
In an example, the sputtering target has a phosphorus content of 0.5 ppm, an oxygen content of 3 wtppm, a relative density of 99.9%, an average crystal grain size of 30 µm, and no abnormal grains (para. [0038]-[0040]; Table 1), which fall within the claimed ranges.
A specific example in the prior art that falls within claimed ranges anticipates a claimed range. MPEP § 2131.03(I). Since Suzuki ʹ879 discloses a specific example that falls within the claimed ranges as well as ranges that are identical to the claimed ranges, Suzuki ʹ879 anticipates the claimed ranges.
Regarding claims 14 and 15, Suzuki ʹ879 discloses examples where abnormal grains having a grain size of 70 µm and 150 µm exist at 0.5 mm or 0.8 mm from the surface (abnormal crystal grain exist only within 1 mm below the surface of the sputtering target and the size of the abnormal crystal grains is 150 µm or less; no abnormal crystal grains have a size exceeding 150 µm). Table 1 – Example 3 and Example 4.
Regarding claim 17, Suzuki ʹ879 discloses examples where there are no abnormal grains (no abnormal crystal grain having a size exceeding 50 µm). Table 1 – Example 1 and Example 2.
Claim Rejections - 35 USC § 103
The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under pre-AIA 35 U.S.C. 103(a) are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims under pre-AIA 35 U.S.C. 103(a), the examiner presumes that the subject matter of the various claims was commonly owned at the time any inventions covered therein were made absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and invention dates of each claim that was not commonly owned at the time a later invention was made in order for the examiner to consider the applicability of pre-AIA 35 U.S.C. 103(c) and potential pre-AIA 35 U.S.C. 102(e), (f) or (g) prior art under pre-AIA 35 U.S.C. 103(a).
Claims 1-4, 6, 12-15, and 17 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over JP 2000-256836 (A) to Suzuki et al. (“Suzuki ʹ836”) (abstract and computer-generated translation in file as of 02/04/2016) in view of US 2007/0243095 (A1) to Ivanov (“Ivanov”) and further in view of JP H07-076771 (A) to Anami et al. (“Anami”) (abstract and computer-generated translation in file as of 02/04/2016).
Regarding claims 1 and 2, Suzuki ʹ836 teaches a tungsten target for sputtering. Abstract; para. [0001]. The target is produced by a pressure-sintering method that includes sintering tungsten powders and producing a body containing crystal grains (tungsten sintered sputtering target having a sintered structure formed of pressure-sintered grains of a tungsten powder). Para. [0005].
The target has a relative density of 99% or more (sintered structure has a relative density of 99% or more). Abstract; para. [0001], [0005], [0007]. Two example embodiments result in densities of 99.6% and 99.8% (para. [0011], [0012]), which fall within the claimed range.
The crystal grains have a size of 80 µm or less (average crystal grain size of 30 to 45 µm) (abstract; para. [0001], [0005], [0007]), which encompasses the claimed range. In one embodiment, the crystal grain diameter is 38 µm (para. [0010]), which falls within the claimed range.
The oxygen (O) content is 0.1-10 ppm (500 wtpppm or less oxygen content as gas component) (para. [0005], [0007]), which falls within the claimed range. The purity of the tungsten powders is 99.999%. Para. [0008]. This means that the total impurity level is 0.001% (=100.000-99.999) or less (10 ppm or less) (10 wtppm or less of impurities in total). Because no other elements are required or intentionally added to the target, the transitional phrase “consisting of” is met. See MPEP § 2111.03(II).
Suzuki ʹ836 is silent regarding the phosphorus (P) and carbon (C) contents in the target.
Ivanov, directed to the manufacture of high-purity tungsten sputtering targets, teaches that films formed from sputtering targets should not be contaminated. Para. [0004] and [0005]. It is also desirable to minimize particle generation. Para. [0003]. As a result, the purity of the powder used to form the sputtering target should be at least 5Ns (at least 99.999%). Para. [0006], [0010], [0016]. An example impurity content in a tungsten blank is 3.897 ppm. Page 2, table at right column, Example 1, Lot 2. Example P content in trace amounts is 0.025 ppm or 0.027 ppm (page 2, table at right column, Example 1, Lot 1 & Lot 2), which falls within the claimed range (0.01-1.0 wtppm phosphorus; 0.01-0.5 wtppm phosphorus).
Anami, directed to tungsten targets of high purity, teaches that high purity contributes to the reduction of particle generation, reduction in soft errors, and improvements in film specific resistance. Abstract; para. [0001], [0009]. To address these issues, the carbon (C) content (gas component) should be 30 ppm or less, oxygen (O) should be 20 ppm or less, and the total of other impurities should be 10 ppm or less. Abstract; para. [0008], [0009], [0013]. High-purity powders can be obtained by methods known in the art (para. [0010] and [0011]) with purification carried out by calcining, washing, dessication, and hydrogen reduction (para. [0012] and [0013]).
Lower impurities contribute to the reduction of particles, reduction of soft errors, and improvement in the specific resistance of sputtered films. Anami at abstract; para. [0001], [0003]. Particle generation should be minimized. Ivanov at para. [0003]. Suzuki ʹ836 at abstract; para. [0003], [0004]. Contamination should be kept low. Ivanov at para. [0005]. Therefore, it would have been obvious to one of ordinary skill in the art to have limited the impurities, such as the phosphorus and carbon, in the sputtering target of Suzuki ʹ836 to the levels taught by Ivanov and Anami because limiting impurities would reduce contamination, contribute to reduced particle generation, reduced soft errors, and improved film-specific resistance.
Suzuki ʹ836 is silent as to whether there are no abnormal crystal grains exceeding 150 µm in a region of a layer more than 1 mm below the surface of the sputtering target. However, it is well established that when a material is produced by a process that is identical or substantially identical to that of the claims and/or possesses a structure or composition that is identical or substantially identical to that of the claims, any claimed properties or functions are presumed to be inherent. Such a finding establishes a prima facie case of anticipation or obviousness. See MPEP § 2112.01.
In the present instance, Suzuki ʹ836 discloses a method of manufacture that is substantially identical to that of the present invention. The method of Suzuki ʹ836 includes the following steps: filling a mold with powder, forming a vacuum, carrying out a plasma treatment, applying pressure, and sintering the powders. Para. [0009], [0010]. The method of the present invention includes the following steps: filling a mold with powder, forming a vacuum, applying pressure, generating plasma, and sintering the powders. Instant specification at para. [0035]-[0053] (Examples 1-4).
The method of the present invention keeps abnormal grains in a region of a layer within 1 mm from the surface, the abnormal grains not exceeding 150 µm, or there are no abnormal grains. Instant specification at para. [0029], [0036]; Table 1. Therefore, the sputtering target made from the powders of Suzuki ʹ836, as modified by Ivanov and Anami, and made by the process of Suzuki ʹ836 would also be expected to possess a sputtering target lacking abnormal crystal grains exceeding 150 µm at depths more than 1 mm below the surface due to their substantially identical processes.
Regarding claim 3, Suzuki ʹ836 is silent regarding the size of abnormal crystal grains having a size 150 µm or less existing only within a region 1 mm below the surface of the target. However, due to the method of manufacture Suzuki ʹ836, as modified by the known impurity levels of Ivanov and Anami, being substantially identical to that of the present invention, the size and location of abnormal crystal grain size would also be expected.
Regarding claims 4 and 6, Suzuki ʹ836 is silent regarding the existence or lack thereof of abnormal crystal grains having a size exceeding 50 µm or 150 µm. However, due to the method of manufacture Suzuki ʹ836, as modified by the known impurity levels of Ivanov and Anami, being substantially identical to that of the present invention, the size and location of abnormal crystal grain size would also be expected.
Regarding claims 12 and 13, Suzuki ʹ836 teaches a tungsten target for sputtering. Abstract; para. [0001]. The target is produced by a pressure-sintering method that includes sintering tungsten powders and producing a body containing crystal grains. Para. [0005]. Because the target is made entirely of sintered powders, the structure of the target is an entirely sintered structure (tungsten sintered sputtering target consisting of a sintered structure of sintered tungsten powder).
The target has a relative density of 99% or more (sintered structure has a relative density of 99.5% or more) (abstract; para. [0001], [0005], [0007]), which overlaps the claimed range. Two example embodiments result in densities of 99.6% and 99.8% (para. [0011], [0012]), which fall within the claimed range.
The crystal grains have a size of 80 µm or less (average crystal grain size of 30 to 45 µm) (abstract; para. [0001], [0005], [0007]), which encompasses the claimed range. In one embodiment, the crystal grain diameter is 38 µm (para. [0010]), which falls within the claimed range.
The oxygen (O) content is 0.1-10 ppm (500 wtpppm or less oxygen content as gas component) (para. [0005], [0007]), which falls within the claimed range. The purity of the tungsten powders is 99.999%. Para. [0008]. This means that the total impurity level is 0.001% (=100.000-99.999) or less (10 ppm or less) (10 wtppm or less of impurities in total). Because no other elements are required or intentionally added to the target, the transitional phrase “consisting of” is met. See MPEP § 2111.03(II).
Suzuki ʹ836 is silent regarding the phosphorus (P) and carbon (C) contents in the target.
Ivanov, directed to the manufacture of high-purity tungsten sputtering targets, teaches that films formed from sputtering targets should not be contaminated. Para. [0004] and [0005]. It is also desirable to minimize particle generation. Para. [0003]. As a result, the purity of the powder used to form the sputtering target should be at least 5Ns (at least 99.999%). Para. [0006], [0010], [0016]. An example impurity content in a tungsten blank is 3.897 ppm. Page 2, table at right column, Example 1, Lot 2. Example P content in trace amounts is 0.025 ppm or 0.027 ppm (page 2, table at right column, Example 1, Lot 1 & Lot 2), which falls within the claimed range (0.01-1.0 wtppm phosphorus; 0.01-0.5 wtppm phosphorus).
Anami, directed to tungsten targets of high purity, teaches that high purity contributes to the reduction of particle generation, reduction in soft errors, and improvements in film specific resistance. Abstract; para. [0001], [0009]. To address these issues, the carbon (C) content (gas component) should be 30 ppm or less, oxygen (O) should be 20 ppm or less, and the total of other impurities should be 10 ppm or less. Abstract; para. [0008], [0009], [0013]. High-purity powders can be obtained by methods known in the art (para. [0010] and [0011]) with purification carried out by calcining, washing, dessication, and hydrogen reduction (para. [0012] and [0013]).
Lower impurities contribute to the reduction of particles, reduction of soft errors, and improvement in the specific resistance of sputtered films. Anami at abstract; para. [0001], [0003]. Particle generation should be minimized. Ivanov at para. [0003]. Suzuki ʹ836 at abstract; para. [0003], [0004]. Contamination should be kept low. Ivanov at para. [0005]. Therefore, it would have been obvious to one of ordinary skill in the art to have limited the impurities, such as the phosphorus and carbon, in the sputtering target of Suzuki ʹ836 to the levels taught by Ivanov and Anami because limiting impurities would reduce contamination, contribute to reduced particle generation, reduced soft errors, and improved film-specific resistance.
Suzuki ʹ836 is silent as to whether there are no abnormal crystal grains exceeding 150 µm in a region of a layer more than 1 mm below the surface of the sputtering target. However, it is well established that when a material is produced by a process that is identical or substantially identical to that of the claims and/or possesses a structure or composition that is identical or substantially identical to that of the claims, any claimed properties or functions are presumed to be inherent. Such a finding establishes a prima facie case of anticipation or obviousness. See MPEP § 2112.01.
In the present instance, Suzuki ʹ836 discloses a method of manufacture that is substantially identical to that of the present invention. The method of Suzuki ʹ836 includes the following steps: filling a mold with powder, forming a vacuum, carrying out a plasma treatment, applying pressure, and sintering the powders. Para. [0009], [0010]. The method of the present invention includes the following steps: filling a mold with powder, forming a vacuum, applying pressure, generating plasma, and sintering the powders. Instant specification at para. [0035]-[0053] (Examples 1-4).
The method of the present invention keeps abnormal grains in a region of a layer within 1 mm from the surface, the abnormal grains not exceeding 150 µm, or there are no abnormal grains. Instant specification at para. [0029], [0036]; Table 1. Therefore, the sputtering target made from the powders of Suzuki ʹ836, as modified by Ivanov and Anami, and made by the process of Suzuki ʹ836 would also be expected to possess a sputtering target lacking abnormal crystal grains exceeding 150 µm at depths more than 1 mm below the surface due to their substantially identical processes.
Regarding claim 14, Suzuki ʹ836 is silent regarding the size of abnormal crystal grains having a size 150 µm or less existing only within a region 1 mm below the surface of the target. However, due to the method of manufacture Suzuki ʹ836, as modified by the known impurity levels of Ivanov and Anami, being substantially identical to that of the present invention, the size and location of abnormal crystal grain size would also be expected.
Regarding claims 15 and 17, Suzuki ʹ836 is silent regarding the existence or lack thereof of abnormal crystal grains having a size exceeding 50 µm or 150 µm. However, due to the method of manufacture Suzuki ʹ836, as modified by the known impurity levels of Ivanov and Anami, being substantially identical to that of the present invention, the size and location of abnormal crystal grain size would also be expected.
Pertinent Prior Art
The following prior art is made of record and not relied upon is considered pertinent to applicant's disclosure:
US 2012/0180600 (A1) to Sato et al. discloses a method for producing high-purity tungsten powder having a phosphorus content of less than 1 wtppm. Abstract; para. [0015], [0022].
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to VANESSA T. LUK whose telephone number is (571)270-3587. The examiner can normally be reached Monday-Friday 9:30 AM - 4:30 PM ET.
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/VANESSA T. LUK/Primary Examiner, Art Unit 1733
September 29, 2026
