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 .
DETAILED ACTION
Status of the Claims
Claims 1-20 are pending in the current application.
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 1-8 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 1 (and similarly claim 7) requires a method of forming a target with the obtained target having ‘a density of at least 95%’. Density has units of weight/volume [typically g/cm3]. For purposes of examination, it will be assumed theoretical or relative density (a unitless percentage comparison to the ideal/maximum density of a pure substance) is meant.
Claims 2-6 and 8 are rejected for their dependence upon claim 1.
Claim 13-20 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.
The terms “high bond temperature” and “low bond temperature” in claim 13 is a relative term which renders the claim indefinite. The terms “high bond temperature” and “low bond temperature” 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.
Claims 14-20 are rejected for their dependence upon claim 13. It should be noted that claims 19 and 20, together, overcome the indefiniteness of claim 13 by providing definite ranges for each temperature. However, the claims taken individually leave the other relative term indefinite.
The terms “high power” in claim 16 is a relative term which renders the claim indefinite. The terms “high power” 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.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 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.
Claim(s) 1-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yao (CN 111992730 A) in view of Iwabuchi (JP 7412659 B2 [name not translated on form pto-892 or English translation attached]).
As to claim 1, Yao discloses a method of forming a Co-Ta alloy target, comprising:
Combining cobalt metal powder and tantalum metal powder to form a mixture (abstract: Co-Ta powder mixture to form target; English translation ‘contents of the invention’ section paragraphs 1 and 12: use of cobalt and tantalum powders);
The mixture comprising 0.5-24.9 at% tantalum and remainder cobalt (English translation ‘contents of the invention’ section paragraph 9: Ta content 8-16 at% Ta, remainder cobalt).
Yao, however, is silent as to a vacuum pressing process with the requisite conditions to form a target from the powders.
Iwabuchi discloses a method of forming a target from powder materials including Co and Ta (English translation abstract: Co; description of embodiments 1-1 ‘composition’ paragraph 1, 5: inclusion of Ta and Co), the powders vacuum pressed at 800-1100°C at 20-30 MPa for 1-2 hours (English translation section ‘1. Preparation of sputtering target member’ final paragraph) to form a target with relative densities of 95, 99 and even 100% (paragraph 0043, table 1-2 – last column).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use a vacuum pressing method as disclosed by Iwabuchi, in the method of Yao, because this allows for effectively obtaining a high density metal alloy target.
As to claims 2-3, Yao discloses using cobalt and tantalum materials with purity 3N5 [99.95] or higher (English translation, ‘contents of the invention’ section 10 paragraphs above ‘description of pictures’ section: Co and Ta material more than or equal to 99.95 purity).
As to claim 4, Iwabuchi discloses vacuum pressing at 800-1100°C, as discussed above. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use a temperature between 1000 and 1100°C as this is the overlapping upper end of the disclosed range and determination of a result effective variables would be within purview of one of ordinary skill in the art to obtain the desired target structure with the disclosed conditions.
As to claim 5, Iwabuchi discloses vacuum pressing at 20-30MPa, as discussed above. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use a pressure between 20-27.6MPa as this is the overlapping portion of the disclosed range and determination of a result effective variables would be within purview of one of ordinary skill in the art to obtain the desired target structure with the disclosed conditions.
As to claim 6, Iwabuchi discloses vacuum pressing for 1-2 hours, as discussed above. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use a time of 2 hours as this is upper limit of the disclosed range and determination of a result effective variables would be within purview of one of ordinary skill in the art to obtain the desired target structure with the disclosed conditions.
As to claim 7, Iwabuchi discloses formation of a target with relative density of 99-100% (paragraph 0043, table 1-2 – last column).
As to claim 8, Yao discloses 8-16% Ta and remainder Co and impurities, as discussed above with specific examples including 11% Ta (table 1, third column [10.98%]).
Claim(s) 9-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yao in view of Wuwen (US 20070196563) and Yi (US 20090078570).
As to claim 9, Yao discloses a sputtering target assembly comprising:
A powder metallurgy Co-Ta alloy (English translation abstract: co-ta alloy target from powder).
Yao, while disclosing a Co-Ta target, is silent as to its density and a backing plate and interlayer structure.
Wuwen discloses a sputtering target from hot pressing powders, the target including tantalum and cobalt (abstract). Wuwen discloses knowledge in the art of obtaining high relative densities, including values over 98%, because high densities allows for targets with improved sputtering characteristics during use (paragraph 36).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use a target with a high density, as disclosed by Wuwen, in the structure of Yao, because this allows for a target with improved sputtering characteristics.
Yi discloses a target and backing plate structure in which a metal alloy target, including alloys of tantalum and cobalt (paragraph 21) is bonded to a copper alloy backing plate (paragraph 25: copper alloy including CuCrNiSi for backing plate) with copper layers provided on the target and backing plates bonding surfaces (claim 16: target and backing plate with first and second bonding surfaces, and cu plated onto each bonding surface; figure 1: target 14, backing 12, and interlayer [cu] 16) and the target and backing plate are diffusion bonded (paragraph 53: plating interlayer and subsequent diffusion bonding of target and backing plate). Yi discloses the target and backing structure with interlayer and diffusion bonding allowing for a high strength bond (abstract: 20 ksi bond strength or greater), the backing plate allowing for mounting and holding the target in a deposition chamber as desired (paragraph 4).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use an interlayer and diffusion bonded structure, as disclosed by Yi, with the target of Yao, because this allows for formation of a high strength bonded target and backing plate for mounting the target within the chamber.
As to claim 10-11, Yao discloses the target comprising 0.5-24.9 at% tantalum and remainder cobalt, with specific examples including 11% (English translation ‘contents of the invention’ section paragraph 9: Ta content 8-16 at% Ta, remainder cobalt; table 1, third column [10.98%]).
As to claim 12, Wuwen, as discussed above, discloses knowledge in the art of obtaining ‘greater than 98%’ theoretical density and knowledge in the art of improved sputtering characteristics from high density targets. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to obtain 99% or greater theoretical density as Wuwen discloses obtaining greater than 98% theoretical density and provides the motivation for obtaining higher values.
Claim(s) 13-16 and 18-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yao in view of Wu (US 20240229225).
As to claim 13, Yao discloses a method of forming a sputtering assembly comprising 8-16% Ta and remainder Co and impurities (English translation abstract and ‘contents of the invention’ section paragraph 9: Ta content 8-16 at% Ta, remainder cobalt).
Yao, while disclosing a Co-Ta target, is silent as a backing plate and interlayer structure formation method.
Wu discloses a method of forming a target and backing plate structure with improved physical strength and matched thermal properties (abstract; paragraphs 8-10), the structure formed by diffusion bonding the target to a first copper layer (figure 4: step 54) and then diffusion bonding the target and copper interlayer structure to a copper alloy backing plate (figure 4: step 56), the first and second steps occurring at relative high and low temperatures (paragraph 51: first [54] diffusion bonding step at 700-1000°C; paragraph 30: second pressing step at 300-400°C).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the target and backing bonding method of Wu, with the target of Yao, because this allows for formation of an improved high strength target and backing plate structure.
As to claim 14, Yao discloses 8-16% Ta and remainder Co and impurities, as discussed above with specific examples including 11% Ta (table 1, third column [10.98%]).
As to claim 15, Wu discloses a bond strength over 10 ksi (paragraph 57).
As to claim 16, Yao and Wu disclose formation of a sputtering target and sputtering target and backing plate structure. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the target in the desired sputtering process, including a ‘high power’ sputtering chamber.
As to claim 18, Wu discloses plating a copper layer prior to diffusion bonding the second copper layer to the plated target (figure 4: first step 52 of forming adhesion layer on target; paragraph 46-47: adhesion layer is copper; paragraph 31: forming adhesion layer on target by plating).
As to claim 19, Wu discloses the high temperature is 700-1000°C (paragraph 51: first [54] diffusion bonding step at 700-1000°C).
As to claim 20, Wu discloses the low temperature is 300-400°C (paragraph 30: second pressing step at 300-400°C).
Claim(s) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yao in view of Wu, as applied to claim 13 above, and further in view of Yi (US 20080197017).
As to claim 17, Yao in view of Wu discloses a CoTa metal alloy target with a bonding method to bond a target to copper interlayer and backing structure, but is silent as to the target’s average grain size.
Yi discloses a target and backing plate structure in which a metal alloy target, including alloys of tantalum and cobalt (paragraph 21) is bonded to a copper alloy backing plate (paragraph 25: copper alloy including CuCrNiSi for backing plate) with copper layers provided on the target and backing plates bonding surfaces (claim 16: target and backing plate with first and second bonding surfaces, and cu plated onto each bonding surface; figure 1: target 14, backing 12, and interlayer [cu] 16) and the target and backing plate are diffusion bonded (paragraph 53). Yi also discloses knowledge in the art of controlling grain sizes within the target to under 80 micron (abstract) as larger grain sizes within a target to lead to problems during sputter deposition (paragraph 4).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use a low average grain size within a target, as disclosed by Yi, in the method of Yao in view of Wu, because his allows for an improved sputter deposition process when using the target.
Correspondence Information
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/JASON BERMAN/Primary Examiner, Art Unit 1794
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