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.
Claims 8, 9, 15, 16 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 8, line 3, the phrase “mixing/stirring” is unclear. Is this mixing “and” stirring or mixing “or” stirring” or is mixing and stirring the same thing?
Claim 8, line 6, is “a target” meant to refer to “the target” in the previous line.
Claim 9, line 4, the phrase “mixing/stirring” is unclear. Is this mixing “and” stirring or mixing “or” stirring” or is mixing and stirring the same thing?
Claim 9, line 4, the phrase “other raw material” is unclear because it is unclear what powders are encompassed.
Claim 9, line 7, is “a target” meant to refer to “the target” in the previous line.
Claim 15, line 3, the phrase “mixing/stirring” is unclear. Is this mixing “and” stirring or mixing “or” stirring” or is mixing and stirring the same thing?
Claim 15, line 6, is “a target” meant to refer to “the target” in the previous line.
Claim 16, line 4, the phrase “mixing/stirring” is unclear. Is this mixing “and” stirring or mixing “or” stirring” or is mixing and stirring the same thing?
Claim 16, line 4, the phrase “other raw material” is unclear because it is unclear what powders are encompassed.
Claim 16, line 7, is “a target” meant to refer to “the target” in the previous line.
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, 2, 4, 5, 9, 11, 12, 16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Nonaka et al. (JP 2006-176810).
INDEPENDENT CLAIM 1:
Regarding claim 1, Nonaka et al. teach a Co-Cr-Pt-oxide based sputtering target comprising 50 at% or more Co, more than 0 at% and 20 at% or less of Cr, and more than 0 at% and 25at% or less of Pt with the balance being one or more oxides and incidental impurities, (See Paragraph 0003, Paragraph 0016 Example 1 – 7.2 atomic % Cr, 18 atomic % Pt, 10 atomic percent SiO2, balance Co (i.e. 64.8 atomic %))
THE COMPOSITE PHASE:
Further since Nonaka et al. teach the same processing conditions as Applicant’s processing conditions the claimed composite phase would exist having fine metallic grains of Co, Pt and fine SiO2 uniformly dispersed. (Paragraphs 0034-0036, 0005 –
[0005] In view of the above, the present inventors have conducted research in order to solve such a problem. (a) Among metal powders such as Cr powder, Pt powder, and Co powder which are raw material powders, Pt powder is most likely to aggregate during pressure sintering, and thus Pt powder is likely to aggregate during pressure sintering to grow into coarse Pt powder and become coarse Pt particles. (b) the Pt powder is prevented from being aggregated and coarsened during the pressure sintering to prevent the metal grains of the sintered body base from being coarsened; Accordingly, it is possible to prevent the SiO2 phase from gathering and segregating at the metallic grain boundary, and by performing such prevention, it is possible to produce a target having a structure in which fine metallic grains and a fine SiO2 phase with less segregation are uniformly dispersed.
THE METAL Cr PHASE:
Nonaka et al. teach the same processing conditions as Applicant’s processing conditions for example Nonaka et al. has two stirring steps and adds the Cr powder later with a particle size of 35 micrometers which would result in a metal Cr phase having an equivalent circle diameter of greater than 10 µm and 100 µm or less. (Paragraph 0016 – mixing (1st) the Pt and SiO2 then adding the Cr and Co and mixing (2nd). Compare to Applicant’s specification Paragraph 0036)
PROCESS ANALYSIS TO ARRIVE AT CLAIMED PRODUCT:
The examiner takes the position that since the process to produce the target is the same as applicant’s process to produce the target that the product produced would be the same and have the same characteristics.
Nonaka et al. teach adding a Cr metal powder having an average particle size of 10 micrometers or more and 150 micrometers or less to a mixed powder that has been obtained by mixing/stirring other raw material powders and one or more oxide powders in advance, thereby preparing a mixed powder for a target and stirring the mixed powder for a target. (It should be noted that mixing/stirring is interpreted to be either “and” or “or”. See Nonaka et al. Paragraphs 0005, 0015, 0016 -
[0015] As raw material powders, a commercially available Co powder having an average particle diameter of 12 µm, a commercially available Cr powder having an average particle diameter of 35 µm, and a commercially available Pt powder having an average particle diameter of 35 µm were prepared. SiO2 powder having a mean particle a mean particle size of 3 µm was prepared as material powder.
[0016] Example 1 The Co powder, the Cr powder, the Pt powder, and the SiO2 powder which were prepared in advance were used as follows: Cr powder: 7.2 %, the Cr powder, 18 atomic% of the Pt powder, and 10 atomic% of the SiO2 powder Balance: Weighed so as to be Co powder, and only Pt powder and SiO2 powder were blended, and dry-mixed for 8 hours in a dry-ball mill with zirconia balls in the atmosphere to prepare Pt / SiO2 mixed powder. Then, a Co powder and a Cr powder as the remainder were added to the Pt / SiO2 mixed powder, and the mixture was dry-mixed for 8 hours in an Ar atmosphere with a dry-ball mill using zirconia balls to prepare a mixed powder. The mixed powder was filled in a carbon mold having a 165mm and hot-pressed in a vacuum atmosphere at 1200 ° C. and a 20MPa for 3 hours to produce a hot-pressed body. Inventive Method 1 was carried out by machining this hot pressed body to produce a target having dimensions of 152. 4mm and 2mm.)
In comparison to Applicant’s specification:
[0034] The sputtering target of the present invention can be manufactured by stirring/mixing a Cr metal powder having an average particle size of 150 um or more and 1000 µm or less, other raw material powders, and one or more oxides to prepare a mixed powder for a target, and sintering the mixed powder for a target. Alternatively, the sputtering target can be manufactured by stirring/mixing other raw material powders and one or more oxide powders, then, adding thereto a Cr metal powder having an average particle size of 10 µm or more and 150 µm or less, preferably 20 µm or more, more preferably 25 µm or more and preferably 100 µm or less, more preferably 50 µm or less, further stirring/mixing to prepare a mixed powder for a target, and sintering the mixed powder for a target. Note that the metal Cr phase in the sputtering target mostly has, through the stirring/mixing process, a size comparable to or smaller than the Cr metal powder loaded, however, metal Cr phases larger than the particle size of the Cr metal powder loaded exist in some cases through diffusion bonding of the Cr metal powder in the process, such as sintering during the manufacture of a target.
[0036] Next, a mixed powder is obtained by loading weighed raw material powders into a stirring/pulverizing apparatus, such as a ball mill, and uniformly mixing and dispersing the raw material powders through stirring/mixing. The stirring/mixing conditions can suitably be adjusted to attain uniform mixing and dispersing of the raw material powders. For example, when the particle sizes of the raw material powders are close to the intended texture, pulverization is suppressed preferably. In such a case, a stirrer or a tumbling mixer can be used without using grinding media, or when pulverization is required, a mixing apparatus using grinding media, such as a ball mill, can be used. Moreover, in order to form a metal Cr phase having an equivalent circle diameter of greater than 10 µm and 100 µm or less, it is preferable to divide the stirring/mixing step into two or more stages, load later a metal Cr powder having an average particle size of 10 µm or more and 150 µm or less, and stir gently. Further, when the Cr content is high in the designed composition of a sputtering target, it is possible to divide the loading step of a metal Cr powder into two or more stages and adjust the number of coarse metal Cr phases present in the sputtering target.
[0037] Subsequently, a sintered body is obtained by sintering the mixed powder for a sputtering target. As for the sintering conditions, a known sintering process, such as hot pressing, spark plasma sintering (SPS), or hot isostatic pressing (HIP), may be used as long as a high-density sintered body having a relative density of 90% or more can be obtained. The sintering temperature varies depending on the composition and the properties of the mixed powder but is generally about 600°C or higher and 1200°C or lower for a Co-Cr-Pt- oxide-based sputtering target. It is also possible to raise a temperature while observing the displacement in the pressing direction during sintering and set a temperature at which the displacement stabilizes as the sintering temperature.
THE COMPOSITE PHASE:
Further since Nonaka et al. teach the same processing conditions as Applicant’s processing conditions the claimed composite phase would exist having fine metallic grains of Co, Pt and fine SiO2 uniformly dispersed. (Paragraph 0005 –
[0005] In view of the above, the present inventors have conducted research in order to solve such a problem. (a) Among metal powders such as Cr powder, Pt powder, and Co powder which are raw material powders, Pt powder is most likely to aggregate during pressure sintering, and thus Pt powder is likely to aggregate during pressure sintering to grow into coarse Pt powder and become coarse Pt particles. (b) the Pt powder is prevented from being aggregated and coarsened during the pressure sintering to prevent the metal grains of the sintered body base from being coarsened; Accordingly, it is possible to prevent the SiO2 phase from gathering and segregating at the metallic grain boundary, and by performing such prevention, it is possible to produce a target having a structure in which fine metallic grains and a fine SiO2 phase with less segregation are uniformly dispersed.
THE METAL Cr PHASE:
Nonaka et al. teach the same processing conditions as Applicant’s processing conditions for example Nonaka et al. has two stirring steps and adds the Cr powder later with a particle size of 35 micrometers which would result in a metal Cr phase having an equivalent circle diameter of greater than 10 µm and 100 µm or less. (Paragraph 0016 – mixing (1st) the Pt and SiO2 then adding the Cr and Co and mixing (2nd). Compare to Applicant’s specification Paragraph 0036)
DEPENDENT CLAIM 4:
The difference not yet discussed is wherein 20 vol% or more and 50 vol% of the oxides are contained in the sputtering target.
Regarding claim 3, Nonaka et al. teach in Example 1 using 10 atomic % SiO2. This is 29.8% by volume. (See Example 1 –
Atomic weights:
Cr: 51.996
Pt: 195.984
Co: 58.933
SiO2: 60.08
Compute mass of each:
Cr: 7.2 mol x 51.996 = 374.4 g
Pt: 18 mol x 195.084 = 3511.5 g
SiO2: 10 mol x 60.08 = 600.8 g
Co: 64.8 x 58.933 = 3820.1 g
Use densities to convert mass to volume:
Cr 7.19 g/cm3
Pt 21.45 g/cm3
SiO2 2.20 g/cm3
Co 8.90 g/cm3
Compute Volumes:
Cr 374.4/7.19 = 52.1 cm3
Pt: 3511.5/21.45 = 163.7 cm3
SiO2: 600.8/2.20 = 273.1 cm3
Co: 3820.1/8.90 = 429.2 cm3
Total Volume = 918.1 cm3
Volume % SiO2
273.1/918.1 x 100 = 29.8%
DEPENDENT CLAIM 5:
The difference not yet discussed is wherein the oxides are each an oxide of one element or any combination of two or more elements selected from B, Mg, Al, Si, Ti, V, Cr, Mn, Fe, Co, Cu, Zn, Ga, Ge, Y, Zr, Nb, Mo, Ta, W, La, Ce, Nd, Sm, and Gd.
Regarding claim 5, Nonaka et al. teach wherein the oxides are each an oxide of one element that is Si. (Example 1 – SiO2)
INDEPENDENT CLAIM 2:
Regarding claim 2, Nonaka et al. teach a Co-Cr-Pt-oxide based sputtering target comprising 50 at% or more Co, more than 0 at% and 20 at% or less of Cr, and more than 0 at% and 25at% or less of Pt with the balance being one or more oxides and incidental impurities, (See Paragraph 0003, Paragraph 0016 Example 1 – 7.2 atomic % Cr, 18 atomic % Pt, 10 atomic percent SiO2, balance Co (i.e. 64.8 atomic %))
THE COMPOSITE PHASE:
Further since Nonaka et al. teach the same processing conditions as Applicant’s processing conditions the claimed composite phase would exist having fine metallic grains of Co, Pt and fine SiO2 uniformly dispersed. (Paragraphs 0034-0040, 0005 –
[0005] In view of the above, the present inventors have conducted research in order to solve such a problem. (a) Among metal powders such as Cr powder, Pt powder, and Co powder which are raw material powders, Pt powder is most likely to aggregate during pressure sintering, and thus Pt powder is likely to aggregate during pressure sintering to grow into coarse Pt powder and become coarse Pt particles. (b) the Pt powder is prevented from being aggregated and coarsened during the pressure sintering to prevent the metal grains of the sintered body base from being coarsened; Accordingly, it is possible to prevent the SiO2 phase from gathering and segregating at the metallic grain boundary, and by performing such prevention, it is possible to produce a target having a structure in which fine metallic grains and a fine SiO2 phase with less segregation are uniformly dispersed.
THE METAL Cr PHASE:
Nonaka et al. teach the same processing conditions as Applicant’s processing conditions for example Nonaka et al. has two stirring steps and adds the Cr powder later with a particle size of 35 micrometers which would result in a metal Cr phase having an equivalent circle diameter of greater than 10 µm and 100 µm or less. (Paragraph 0016 – mixing (1st) the Pt and SiO2 then adding the Cr and Co and mixing (2nd). Compare to Applicant’s specification Paragraph 0036)
THE ALLOY PHASE CONTAINING Co or Pt:
Nonaka et al. teach the same processing conditions as Applicant’s processing conditions therefore the claimed alloy phase would exist. Specifically utilizing Co, Cr and Pt would produce the alloy phase. (See for example Paragraph 0002 – Co based sintered alloy phase containing Cr and Pt)
PROCESS ANALYSIS TO ARRIVE AT CLAIMED PRODUCT:
The examiner takes the position that since the process to produce the target is the same as applicant’s process to produce the target that the product produced would be the same and have the same characteristics.
Nonaka et al. teach adding a Cr metal powder having an average particle size of 10 micrometers or more and 150 micrometers or less to a mixed powder that has been obtained by mixing/stirring other raw material powders and one or more oxide powders in advance, thereby preparing a mixed powder for a target and stirring the mixed powder for a target. (It should be noted that mixing/stirring is interpreted to be either “and” or “or”. See Nonaka et al. Paragraphs 0005, 0015, 0016 -
[0015] As raw material powders, a commercially available Co powder having an average particle diameter of 12 µm, a commercially available Cr powder having an average particle diameter of 35 µm, and a commercially available Pt powder having an average particle diameter of 35 µm were prepared. SiO2 powder having a mean particle a mean particle size of 3 µm was prepared as material powder.
[0016] Example 1 The Co powder, the Cr powder, the Pt powder, and the SiO2 powder which were prepared in advance were used as follows: Cr powder: 7.2 %, the Cr powder, 18 atomic% of the Pt powder, and 10 atomic% of the SiO2 powder Balance: Weighed so as to be Co powder, and only Pt powder and SiO2 powder were blended, and dry-mixed for 8 hours in a dry-ball mill with zirconia balls in the atmosphere to prepare Pt / SiO2 mixed powder. Then, a Co powder and a Cr powder as the remainder were added to the Pt / SiO2 mixed powder, and the mixture was dry-mixed for 8 hours in an Ar atmosphere with a dry-ball mill using zirconia balls to prepare a mixed powder. The mixed powder was filled in a carbon mold having a 165mm and hot-pressed in a vacuum atmosphere at 1200 ° C. and a 20MPa for 3 hours to produce a hot-pressed body. Inventive Method 1 was carried out by machining this hot pressed body to produce a target having dimensions of 152. 4mm and 2mm.)
In comparison to Applicant’s specification:
[0034] The sputtering target of the present invention can be manufactured by stirring/mixing a Cr metal powder having an average particle size of 150 um or more and 1000 µm or less, other raw material powders, and one or more oxides to prepare a mixed powder for a target, and sintering the mixed powder for a target. Alternatively, the sputtering target can be manufactured by stirring/mixing other raw material powders and one or more oxide powders, then, adding thereto a Cr metal powder having an average particle size of 10 µm or more and 150 µm or less, preferably 20 µm or more, more preferably 25 µm or more and preferably 100 µm or less, more preferably 50 µm or less, further stirring/mixing to prepare a mixed powder for a target, and sintering the mixed powder for a target. Note that the metal Cr phase in the sputtering target mostly has, through the stirring/mixing process, a size comparable to or smaller than the Cr metal powder loaded, however, metal Cr phases larger than the particle size of the Cr metal powder loaded exist in some cases through diffusion bonding of the Cr metal powder in the process, such as sintering during the manufacture of a target.
[0036] Next, a mixed powder is obtained by loading weighed raw material powders into a stirring/pulverizing apparatus, such as a ball mill, and uniformly mixing and dispersing the raw material powders through stirring/mixing. The stirring/mixing conditions can suitably be adjusted to attain uniform mixing and dispersing of the raw material powders. For example, when the particle sizes of the raw material powders are close to the intended texture, pulverization is suppressed preferably. In such a case, a stirrer or a tumbling mixer can be used without using grinding media, or when pulverization is required, a mixing apparatus using grinding media, such as a ball mill, can be used. Moreover, in order to form a metal Cr phase having an equivalent circle diameter of greater than 10 µm and 100 µm or less, it is preferable to divide the stirring/mixing step into two or more stages, load later a metal Cr powder having an average particle size of 10 µm or more and 150 µm or less, and stir gently. Further, when the Cr content is high in the designed composition of a sputtering target, it is possible to divide the loading step of a metal Cr powder into two or more stages and adjust the number of coarse metal Cr phases present in the sputtering target.
[0037] Subsequently, a sintered body is obtained by sintering the mixed powder for a sputtering target. As for the sintering conditions, a known sintering process, such as hot pressing, spark plasma sintering (SPS), or hot isostatic pressing (HIP), may be used as long as a high-density sintered body having a relative density of 90% or more can be obtained. The sintering temperature varies depending on the composition and the properties of the mixed powder but is generally about 600°C or higher and 1200°C or lower for a Co-Cr-Pt- oxide-based sputtering target. It is also possible to raise a temperature while observing the displacement in the pressing direction during sintering and set a temperature at which the displacement stabilizes as the sintering temperature.
THE COMPOSITE PHASE:
Further since Nonaka et al. teach the same processing conditions as Applicant’s processing conditions the claimed composite phase would exist having fine metallic grains of Co, Pt and fine SiO2 uniformly dispersed. (Paragraph 0005 –
[0005] In view of the above, the present inventors have conducted research in order to solve such a problem. (a) Among metal powders such as Cr powder, Pt powder, and Co powder which are raw material powders, Pt powder is most likely to aggregate during pressure sintering, and thus Pt powder is likely to aggregate during pressure sintering to grow into coarse Pt powder and become coarse Pt particles. (b) the Pt powder is prevented from being aggregated and coarsened during the pressure sintering to prevent the metal grains of the sintered body base from being coarsened; Accordingly, it is possible to prevent the SiO2 phase from gathering and segregating at the metallic grain boundary, and by performing such prevention, it is possible to produce a target having a structure in which fine metallic grains and a fine SiO2 phase with less segregation are uniformly dispersed.
THE METAL Cr PHASE:
Nonaka et al. teach the same processing conditions as Applicant’s processing conditions for example Nonaka et al. has two stirring steps and adds the Cr powder later with a particle size of 35 micrometers which would result in a metal Cr phase having an equivalent circle diameter of greater than 10 µm and 100 µm or less. (Paragraph 0016 – mixing (1st) the Pt and SiO2 then adding the Cr and Co and mixing (2nd). Compare to Applicant’s specification Paragraph 0036)
THE ALLOY PHASE CONTAINING Co or Pt:
Nonaka et al. teach the same processing conditions as Applicant’s processing conditions therefore the claimed alloy phase would exist. Specifically utilizing Co, Cr and Pt would produce the alloy phase. (See for example Paragraph 0002 – Co based sintered alloy phase containing Cr and Pt; Example 1)
DEPENDENT CLAIM 9:
Regarding claim 9, Nonaka et al. teach adding a Cr metal powder having an average particle size of 10 micrometers or more and 150 micrometers or less to a mixed powder that has been obtained by mixing/stirring other raw material powders and one or more oxide powders in advance, thereby preparing a mixed powder for a target and stirring the mixed powder for a target. (It should be noted that mixing/stirring is interpreted to be either “and” or “or”. See Nonaka et al. Paragraphs 0005, 0015, 0016 -
[0015] As raw material powders, a commercially available Co powder having an average particle diameter of 12 µm, a commercially available Cr powder having an average particle diameter of 35 µm, and a commercially available Pt powder having an average particle diameter of 35 µm were prepared. SiO2 powder having a mean particle a mean particle size of 3 µm was prepared as material powder.
[0016] Example 1 The Co powder, the Cr powder, the Pt powder, and the SiO2 powder which were prepared in advance were used as follows: Cr powder: 7.2 %, the Cr powder, 18 atomic% of the Pt powder, and 10 atomic% of the SiO2 powder Balance: Weighed so as to be Co powder, and only Pt powder and SiO2 powder were blended, and dry-mixed for 8 hours in a dry-ball mill with zirconia balls in the atmosphere to prepare Pt / SiO2 mixed powder. Then, a Co powder and a Cr powder as the remainder were added to the Pt / SiO2 mixed powder, and the mixture was dry-mixed for 8 hours in an Ar atmosphere with a dry-ball mill using zirconia balls to prepare a mixed powder. The mixed powder was filled in a carbon mold having a 165mm and hot-pressed in a vacuum atmosphere at 1200 ° C. and a 20MPa for 3 hours to produce a hot-pressed body. Inventive Method 1 was carried out by machining this hot pressed body to produce a target having dimensions of 152. 4mm and 2mm.)
In comparison to Applicant’s specification:
[0034] The sputtering target of the present invention can be manufactured by stirring/mixing a Cr metal powder having an average particle size of 150 um or more and 1000 µm or less, other raw material powders, and one or more oxides to prepare a mixed powder for a target, and sintering the mixed powder for a target. Alternatively, the sputtering target can be manufactured by stirring/mixing other raw material powders and one or more oxide powders, then, adding thereto a Cr metal powder having an average particle size of 10 µm or more and 150 µm or less, preferably 20 µm or more, more preferably 25 µm or more and preferably 100 µm or less, more preferably 50 µm or less, further stirring/mixing to prepare a mixed powder for a target, and sintering the mixed powder for a target. Note that the metal Cr phase in the sputtering target mostly has, through the stirring/mixing process, a size comparable to or smaller than the Cr metal powder loaded, however, metal Cr phases larger than the particle size of the Cr metal powder loaded exist in some cases through diffusion bonding of the Cr metal powder in the process, such as sintering during the manufacture of a target.
[0036] Next, a mixed powder is obtained by loading weighed raw material powders into a stirring/pulverizing apparatus, such as a ball mill, and uniformly mixing and dispersing the raw material powders through stirring/mixing. The stirring/mixing conditions can suitably be adjusted to attain uniform mixing and dispersing of the raw material powders. For example, when the particle sizes of the raw material powders are close to the intended texture, pulverization is suppressed preferably. In such a case, a stirrer or a tumbling mixer can be used without using grinding media, or when pulverization is required, a mixing apparatus using grinding media, such as a ball mill, can be used. Moreover, in order to form a metal Cr phase having an equivalent circle diameter of greater than 10 µm and 100 µm or less, it is preferable to divide the stirring/mixing step into two or more stages, load later a metal Cr powder having an average particle size of 10 µm or more and 150 µm or less, and stir gently. Further, when the Cr content is high in the designed composition of a sputtering target, it is possible to divide the loading step of a metal Cr powder into two or more stages and adjust the number of coarse metal Cr phases present in the sputtering target.
[0037] Subsequently, a sintered body is obtained by sintering the mixed powder for a sputtering target. As for the sintering conditions, a known sintering process, such as hot pressing, spark plasma sintering (SPS), or hot isostatic pressing (HIP), may be used as long as a high-density sintered body having a relative density of 90% or more can be obtained. The sintering temperature varies depending on the composition and the properties of the mixed powder but is generally about 600°C or higher and 1200°C or lower for a Co-Cr-Pt- oxide-based sputtering target. It is also possible to raise a temperature while observing the displacement in the pressing direction during sintering and set a temperature at which the displacement stabilizes as the sintering temperature.
THE COMPOSITE PHASE:
Further since the processing conditions are the same as Applicant’s processing conditions a composite phase would exist having fine metallic grains and fine SiO2 uniformly dispersed. (Paragraph 0005 –
[0005] In view of the above, the present inventors have conducted research in order to solve such a problem. (a) Among metal powders such as Cr powder, Pt powder, and Co powder which are raw material powders, Pt powder is most likely to aggregate during pressure sintering, and thus Pt powder is likely to aggregate during pressure sintering to grow into coarse Pt powder and become coarse Pt particles. (b) the Pt powder is prevented from being aggregated and coarsened during the pressure sintering to prevent the metal grains of the sintered body base from being coarsened; Accordingly, it is possible to prevent the SiO2 phase from gathering and segregating at the metallic grain boundary, and by performing such prevention, it is possible to produce a target having a structure in which fine metallic grains and a fine SiO2 phase with less segregation are uniformly dispersed.
THE METAL CR PHASE:
Nonaka et al. has two stirring steps and adds the Cr powder later with a particle size of 35 micrometers which would result in a metal Cr phase having an equivalent circle diameter of greater than 10 µm and 100 µm or less. (Paragraph 0016 – mixing (1st) the Pt and SiO2 then adding the Cr and Co and mixing (2nd).
DEPENDENT CLAIM 11:
The difference not yet discussed is wherein 20 vol% or more and 50 vol% of the oxides are contained in the sputtering target.
Regarding claim 11, Nonaka et al. teach in Example 1 using 10 atomic % SiO2. This is 29.8% by volume. (See Example 1 –
Atomic weights:
Cr: 51.996
Pt: 195.984
Co: 58.933
SiO2: 60.08
Compute mass of each:
Cr: 7.2 mol x 51.996 = 374.4 g
Pt: 18 mol x 195.084 = 3511.5 g
SiO2: 10 mol x 60.08 = 600.8 g
Co: 64.8 x 58.933 = 3820.1 g
Use densities to convert mass to volume:
Cr 7.19 g/cm3
Pt 21.45 g/cm3
SiO2 2.20 g/cm3
Co 8.90 g/cm3
Compute Volumes:
Cr 374.4/7.19 = 52.1 cm3
Pt: 3511.5/21.45 = 163.7 cm3
SiO2: 600.8/2.20 = 273.1 cm3
Co: 3820.1/8.90 = 429.2 cm3
Total Volume = 918.1 cm3
Volume % SiO2
273.1/918.1 x 100 = 29.8%
DEPENDENT CLAIM 12:
The difference not yet discussed is wherein the oxides are each an oxide of one element or any combination of two or more elements selected from B, Mg, Al, Si, Ti, V, Cr, Mn, Fe, Co, Cu, Zn, Ga, Ge, Y, Zr, Nb, Mo, Ta, W, La, Ce, Nd, Sm, and Gd.
Regarding claim 12, Nonaka et al. teach wherein the oxides are each an oxide of one element that is Si. (Example 1 – SiO2)
DEPENDENT CLAIM 16:
Regarding claim 9, Nonaka et al. teach adding a Cr metal powder having an average particle size of 10 micrometers or more and 150 micrometers or less to a mixed powder that has been obtained by mixing/stirring other raw material powders and one or more oxide powders in advance, thereby preparing a mixed powder for a target and stirring the mixed powder for a target. (It should be noted that mixing/stirring is interpreted to be either “and” or “or”. See Nonaka et al. Paragraphs 0005, 0015, 0016 -
[0015] As raw material powders, a commercially available Co powder having an average particle diameter of 12 µm, a commercially available Cr powder having an average particle diameter of 35 µm, and a commercially available Pt powder having an average particle diameter of 35 µm were prepared. SiO2 powder having a mean particle a mean particle size of 3 µm was prepared as material powder.
[0016] Example 1 The Co powder, the Cr powder, the Pt powder, and the SiO2 powder which were prepared in advance were used as follows: Cr powder: 7.2 %, the Cr powder, 18 atomic% of the Pt powder, and 10 atomic% of the SiO2 powder Balance: Weighed so as to be Co powder, and only Pt powder and SiO2 powder were blended, and dry-mixed for 8 hours in a dry-ball mill with zirconia balls in the atmosphere to prepare Pt / SiO2 mixed powder. Then, a Co powder and a Cr powder as the remainder were added to the Pt / SiO2 mixed powder, and the mixture was dry-mixed for 8 hours in an Ar atmosphere with a dry-ball mill using zirconia balls to prepare a mixed powder. The mixed powder was filled in a carbon mold having a 165mm and hot-pressed in a vacuum atmosphere at 1200 ° C. and a 20MPa for 3 hours to produce a hot-pressed body. Inventive Method 1 was carried out by machining this hot pressed body to produce a target having dimensions of 152. 4mm and 2mm.)
In comparison to Applicant’s specification:
[0034] The sputtering target of the present invention can be manufactured by stirring/mixing a Cr metal powder having an average particle size of 150 um or more and 1000 µm or less, other raw material powders, and one or more oxides to prepare a mixed powder for a target, and sintering the mixed powder for a target. Alternatively, the sputtering target can be manufactured by stirring/mixing other raw material powders and one or more oxide powders, then, adding thereto a Cr metal powder having an average particle size of 10 µm or more and 150 µm or less, preferably 20 µm or more, more preferably 25 µm or more and preferably 100 µm or less, more preferably 50 µm or less, further stirring/mixing to prepare a mixed powder for a target, and sintering the mixed powder for a target. Note that the metal Cr phase in the sputtering target mostly has, through the stirring/mixing process, a size comparable to or smaller than the Cr metal powder loaded, however, metal Cr phases larger than the particle size of the Cr metal powder loaded exist in some cases through diffusion bonding of the Cr metal powder in the process, such as sintering during the manufacture of a target.
[0036] Next, a mixed powder is obtained by loading weighed raw material powders into a stirring/pulverizing apparatus, such as a ball mill, and uniformly mixing and dispersing the raw material powders through stirring/mixing. The stirring/mixing conditions can suitably be adjusted to attain uniform mixing and dispersing of the raw material powders. For example, when the particle sizes of the raw material powders are close to the intended texture, pulverization is suppressed preferably. In such a case, a stirrer or a tumbling mixer can be used without using grinding media, or when pulverization is required, a mixing apparatus using grinding media, such as a ball mill, can be used. Moreover, in order to form a metal Cr phase having an equivalent circle diameter of greater than 10 µm and 100 µm or less, it is preferable to divide the stirring/mixing step into two or more stages, load later a metal Cr powder having an average particle size of 10 µm or more and 150 µm or less, and stir gently. Further, when the Cr content is high in the designed composition of a sputtering target, it is possible to divide the loading step of a metal Cr powder into two or more stages and adjust the number of coarse metal Cr phases present in the sputtering target.
[0037] Subsequently, a sintered body is obtained by sintering the mixed powder for a sputtering target. As for the sintering conditions, a known sintering process, such as hot pressing, spark plasma sintering (SPS), or hot isostatic pressing (HIP), may be used as long as a high-density sintered body having a relative density of 90% or more can be obtained. The sintering temperature varies depending on the composition and the properties of the mixed powder but is generally about 600°C or higher and 1200°C or lower for a Co-Cr-Pt- oxide-based sputtering target. It is also possible to raise a temperature while observing the displacement in the pressing direction during sintering and set a temperature at which the displacement stabilizes as the sintering temperature.
THE COMPOSITE PHASE:
Further since the processing conditions are the same as Applicant’s processing conditions a composite phase would exist having fine metallic grains and fine SiO2 uniformly dispersed. (Paragraph 0005 –
[0005] In view of the above, the present inventors have conducted research in order to solve such a problem. (a) Among metal powders such as Cr powder, Pt powder, and Co powder which are raw material powders, Pt powder is most likely to aggregate during pressure sintering, and thus Pt powder is likely to aggregate during pressure sintering to grow into coarse Pt powder and become coarse Pt particles. (b) the Pt powder is prevented from being aggregated and coarsened during the pressure sintering to prevent the metal grains of the sintered body base from being coarsened; Accordingly, it is possible to prevent the SiO2 phase from gathering and segregating at the metallic grain boundary, and by performing such prevention, it is possible to produce a target having a structure in which fine metallic grains and a fine SiO2 phase with less segregation are uniformly dispersed.
THE METAL CR PHASE:
Nonaka et al. has two stirring steps and adds the Cr powder later with a particle size of 35 micrometers which would result in a metal Cr phase having an equivalent circle diameter of greater than 10 µm and 100 µm or less. (Paragraph 0016 – mixing (1st) the Pt and SiO2 then adding the Cr and Co and mixing (2nd).
THE ALLOY PHASE CONTAINING Co or Pt:
Nonaka et al. teach the same processing conditions as Applicant’s processing conditions therefore the claimed alloy phase would exist. Specifically utilizing Co, Cr and Pt would produce the alloy phase. (See for example Paragraph 0002 – Co based sintered alloy phase containing Cr and Pt; Example 1)
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 3, 6, 7, 10, 13, 14 are rejected under 35 U.S.C. 103 as being unpatentable over Nonaka et al. (JP 2006-176810) in view of Arakawa et al. (JP 2017-137570 A1).
DEPENDENT CLAIMS 3, 10:
The difference not yet discussed is wherein the composite phase further comprises one or more selected from B, Al, Si, Ti, V, Mn, Fe, Ni, Cu, Zn, Ge, Nb, Mo, Ru, Rh, Pd, Ag, Ta, W, Re, Ir, and Au.
Regarding claims 3, 10, Arakawa et al. teach utilizing at least one element selected from Mg, Al, Si, Mn, Nb, Mo, Ru, Pd, Ta, W, B in an amount of 0.5 mol % or more and 12mol% or less. (See Arakawa et al. Claim 4)
DEPENDENT CLAIMS 6, 13:
The difference not yet discussed is wherein the oxide is boron oxide.
Regarding claims 6,13, Arakawa et al. teach utilizing boron oxide and recognize it as equivalent to silicon dioxide. (See Arakawa et al. claim 2)
One of ordinary skill in the art would readily substitute the boron oxide in Arakawa et al. for the silicon oxide in Nonaka et al. because Arakawa et al. recognize them as art recognized equivalents.
DEPENDENT CLAIMS 7, 14:
The difference not yet discussed is the composite phase further comprises one or more selected from B, Al, Si, Ti, V, Mn, Fe, Ni, Cu, Zn, Ge, Nb, Mo, Ru, Rh, Pd, Ag, Ta, W, Re, Ir, and Au; and the oxides include at least boron oxide and further an oxide of one element or any combination of two or more elements selected from Mg, Al, Si, Ti, V, Cr, Mn, Fe, Co, Cu, Zn, Ga, Ge, Y, Zr, Nb, Mo, Ta, W, La, Ce, Nd, Sm, and Gd.
Regarding claims 7, 14, Arakawa et al. teach utilizing at least one element selected from Mg, Al, Si, Mn, Nb, Mo, Ru, Pd, Ta, W, B in an amount of 0.5 mol % or more and 12mol% or less (See Arakawa et al. Claim 4) and utilizing one or more oxides selected from B2O3, CoO,Co3O,MnO, Mn3O4,SiO2,SnO2,TiO2,Ti2O3,Cr2O3 Ta2O5, WO2, WO3, Zr02 and are contained in an amount of 0.5 to 20mol%. (See Arakawa et al. Claim 2)
The motivation for utilizing the features of Arakawa et al. is that it allows for suppressing abnormal discharge when using the target for sputtering. (See Abstract)
Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to have modified Nonaka et al. by utilizing the features of Arakawa et al. because it allows for suppressing abnormal discharge when using the target for sputtering.
Allowable Subject Matter
Claims 8 and 15 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:
Claims 8 is indicated as being allowable over the prior art of record because the prior art of record does not teach the step of producing the sputtering target of claim 1 where there is a step of mixing/stirring raw material powders including a Cr metal powder having an average particle size of 150 micrometers or more and 1000 micrometers or less and one or more oxide powders to prepare a mixed powder for a target and sintering the mixed powder for the target.
Claim 15 is indicated as being allowable over the prior art of record because the prior art of record does not teach the step of producing the sputtering target of claim 2 where there is a step of mixing/stirring raw material powders including a Cr metal powder having an average particle size of 150 micrometers or more and 1000 micrometers or less and one or more oxide powders to prepare a mixed powder for a target and sintering the mixed powder for the target.
Conclusion
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/RODNEY G MCDONALD/Primary Examiner, Art Unit 1794
RM
December 9, 2025