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 .
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: reference number 572 (Fig. 5A and Fig. 5B); reference numbers 642, 643, and 644 (Fig. 6); and reference numbers 761 and 830 (Fig. 7). Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: reference number 640 (see paragraphs 0066, 0067, 0068, 0069, and 0070, of the specification). Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: reference numbers 462, 463 and 646 (see paragraphs 0068, 0069 and 0070, respectively, of the specification). Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: reference number 730 (see, for example, paragraph 0073 of the specification). Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The disclosure is objected to because of the following informalities:
the word -- plasma -- has been misspelled in page 8-line 14;
reference character “131” has been used to designate both dielectric resonators and a monopole antenna (see, for example, page 12, lines 19, 20 and 21), it should be noted that the drawing correctly identifies reference number 132 as the monopole antenna and the dielectric resonators with reference number 131;
the word -- plasma -- has been misspelled in page 13-line 3; and
reference character “550” has been used to designate both a plasma cleaning module (see, for example, paragraphs 0058-0065 of the specification) and a process (see, for example, paragraph 0072 of the specification), it should be noted that the drawing correctly identifies reference number 132 as the monopole antenna and the dielectric resonators with reference number 131.
Appropriate correction is required.
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 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) 1, 6 and 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Min et al., KR 2020-0024581 in view of Fujii et al., US 2009/0035945 and Chua et al., US 2018/0294143 or Nguyen et al., US 2019/0326098 and Kasai, US 2006/0137613 or Ishibashi et al., US 2014/0262034.
With respect to independent claim 1, Min et al. shows the invention substantially as claimed including a module 170/180, comprising: a chamber 43, wherein the chamber comprises a first opening and a second opening 41; and a lid to seal the first opening, wherein the lid comprises: a dielectric plate 50/52; a port 70 for introducing gas into the chamber from a vertical direction; and an exhaust 10/20/100 for removing the gas from the second opening of the chamber along a horizontal direction, the exhaust configured to couple to an evacuation region of a processing chamber (paragraph 0024), the evacuation region separate and distinct from the port (see, for example, Figs. 1-2, 9-10, and 14-15 and their descriptions, Figs. 9-10 and 15-14 are shown below).
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Min et al. does not expressly disclose the claimed first dielectric resonator, second dielectric resonator, first monopole antenna, second monopole antenna, and conductive layer. Fujii et al. discloses a module comprising a chamber, wherein the chamber comprises a lid to seal a first opening, and wherein the lid comprises: a dielectric plate 91; a first dielectric resonator 83 coupled to the dielectric plate; a first monopole antenna 81 positioned in a hole into the first dielectric resonator; and a conductive layer 82 surrounding the dielectric resonator; (see, for example, Figs. 1/2b/21b/22b/23b/24b/25b/26b/27b/28b/29b/30b/31c34a, and their descriptions, especially Fig. 30(b) which is shown below).
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Therefore, in view of this disclosure, it would have been obvious to one having ordinary skill in the art before the effective filing date of the instant claimed invention to modify the apparatus of Min et al. as to comprise the claimed lid assembly because such structure/means is known and used in the art as a suitable structure/means to effectively, efficiently, and alternatively excite and generate plasma within the chamber.
Min et al. and Fujii et al. do not expressly disclose the claimed second dielectric resonator and second monopole antenna. Chua et al. discloses the use of multiple dielectric resonators 353 coupled to a dielectric plate 350/550, wherein each of the dielectric resonators have a monopole antenna 357 positioned in a hole in the dielectric resonator (see, for example, figs. 3A-3B, and 5A-5E, and their descriptions, Fig. 3A is shown below).
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Also, Nguyen et al. discloses the use of multiple dielectric resonators 363 coupled to a dielectric plate 150, wherein each of the dielectric resonators have a monopole antenna 357/367 positioned in a hole in the dielectric resonator (see, for example, figs. 3-5C, and their descriptions, Fig. 3 is shown below).
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Therefore, in view of these disclosures, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the module of the apparatus of Min et al. modified by Fujii et al. as to comprise the second dielectric resonator with the second monopole antenna because such configuration is known and used in the art as a suitable configuration for effectively and efficiently providing better coverage of the chamber in order to provide plasma control and improve/increase the plasma density inside a chamber. It should be noted that in the apparatus of Min et al. modified by Fujii et al. and Chua et al. or Nguyen et al., the monopole antennas would be arranged vertically, and therefore, the second monopole would be located beneath and in vertical alignment with the first monopole. Also, the conductive layer would surround the first and second dielectric resonators.
With respect to the conductive layer fluidly coupled to a coolant source, Kasai discloses an apparatus comprising a dielectric resonator 22, a monopole antenna 21/17a-b positioned in the dielectric resonator, and a conductive layer 24 surrounding the dielectric resonator, wherein a coolant source 25 is fluidly coupled to the conductive layer (see, for example, the abstract and Figs. 1, 4-5A and 9 and their descriptions, Fig. 1 shown below).
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Also, Ishibashi et al. discloses an apparatus comprising a dielectric 56, an antenna 55, and a conductive layer 72 surrounding the dielectric, wherein a coolant source CW is fluidly coupled to the conductive layer (see, for example, the abstract and Figs. 1-2 and their descriptions, Fig. 1 shown below).
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Therefore, in view of these disclosures, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the apparatus of Min et al. modified by Fujii et al. and Chua et al. or Nguyen et al., as to further comprise a coolant source fluidly coupled to the conductive layer because such means is known and used in the art as a suitable means for effectively and efficiently suppressing the temperature rise of the resonator, and thereby optimize the apparatus.
With respect to claim 6, Fujii et al. further discloses that the monopole antenna 81 is electrically coupled to a microwave source (see, Fig. 34a and its description), but the cited references do not expressly disclose that the microwave source is a solid state microwave source. Chua et al. discloses a module in which a monopole antenna 357 is electrically coupled to a solid state microwave source (see, for example, figs. 2-3B, and their descriptions). Nguyen et al. discloses a module in which a monopole antenna 367 is electrically coupled to a solid state microwave source (see, for example, figs. 2A-3, and their descriptions). Therefore, in view of these disclosures, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the module of Min et al. modified by Fujii et al. as to electrically couple the first and second monopole antennas to a solid state microwave source as claimed, because such means is known and used in the art as a suitable means for effectively and efficiently supplied a desired controlled voltage.
Regarding claim 8, it should be noted that Fujii et al. discloses that the dielectric resonator 83 is a discrete body from the dielectric plate 91 (see, for example, Fig. 30b). Therefore, in the apparatus of Min et al. modified by Fujii et al. and Chua et al. or Nguyen et al. and Kasai or Ishibashi et al., each of the first and second dielectric resonators would be a discrete body from the dielectric plate.
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Min et al., KR 2020-0024581 in view of Fujii et al., US 2009/0035945 and Chua et al., US 2018/0294143 or Nguyen et al., US 2019/0326098 and Kasai, US 2006/0137613 or Ishibashi et al., US 2014/0262034, as applied to claims 1, 6, and 8 above, and further in view of Stowell et al., US 2015/0348757.
Min et al., Fujii et al., Chua et al., Nguyen et al., Kasai, and Ishibashi et al., are applied as above but do not expressly disclose that the lid further comprises channels for flowing a coolant. Stowell et al. teaches a thermal controlled microwave window comprising a lid 106 having channel 112 for flowing a coolant 160 (see, for example, figs. 1, 3-5 and 7, and their descriptions). Therefore, in view of this disclosure, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the lid of the module of Min et al. modified by Fujii et al. and Chua et al. or Nguyen et al. and Kasai or Ishibashi et al., as to further comprise the claimed channels for flowing a coolant because such means is known and used in the art as a suitable means for effectively and efficiently controlling the temperature of the lid and thereby avoiding damage.
Claim(s) 1, 6 and 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nguyen et al., US 2019/0326098 in view of Fujii et al., US 2009/0035945 and Kasai, US 2006/0137613 or Ishibashi et al., US 2014/0262034 and Wang, US 2016/0042916 or Min et al., KR 2020-0024581.
Nguyen et al. shows the invention substantially as claimed including a module, comprising: a chamber 178, wherein the chamber comprises a first opening (at the top of 178) and a second opening 172; and a lid to seal the first opening, wherein the lid comprises: a dielectric plate 150/450; a first dielectric resonator 363/142 coupled to the dielectric plate (see, for example, dielectric resonator 142 at the top in Fig. 4F); a second dielectric resonator 142 coupled to a dielectric plate (see, for example, dielectric resonator 142 at the sides in Fig. 4F); a first monopole antenna 357 positioned in a hole into the first dielectric resonator, and a second monopole antenna 357 positioned in a hole into the first dielectric resonator; wherein the second monopole antenna is beneath and in vertical alignment with the first monopole (see, for example, Figs. 3-5C and their descriptions, modified Fig. 4F is shown below).
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Nguyen et al. further discloses that the lid may have a conductive layer (see, for example, paragraph 0056) but does not expressly disclose that the conductive layer surrounds the dielectric resonator. Fujii et al. discloses a module having a lid that comprises: a dielectric plate 91; a dielectric resonator 83 coupled to the dielectric plate; a monopole antenna 81 positioned in a hole into the dielectric resonator; and a conductive layer 82 surrounding the dielectric resonator, see Figs. 2b/21b/22b/23b/24b/25b/26b/27b/28b/29b/30b/31c34a, especially Fig. 30(b) and its description. Therefore, in view of this disclosure, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the lid of the module of Nguyen et al. as to comprise the conductive layer surrounding the first and second dielectric resonators because such configuration is known and used in the art as a suitable configuration for effectively and efficiently improve ignitability of the plasma.
Nguyen et al. does not expressly disclose that the conductive layer is fluidly coupled to a coolant source. Kasai discloses an apparatus comprising a dielectric resonator 22, a monopole antenna 21/17a-b positioned in the dielectric resonator, and a conductive layer 24 surrounding the dielectric resonator, wherein a coolant source 25 is fluidly coupled to the conductive layer (see, for example, the abstract and Figs. 1, 4-5A and 9 and their descriptions, Fig. 1 shown below).
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Also, Ishibashi et al. discloses an apparatus comprising a dielectric 56, an antenna 55, and a conductive layer 72 surrounding the dielectric, wherein a coolant source CW is fluidly coupled to the conductive layer (see, for example, the abstract and Figs. 1-2 and their descriptions, Fig. 1 shown below).
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Therefore, in view of these disclosures, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the apparatus of Nguyen et al. as to further comprise a coolant source fluidly coupled to the conductive layer because such means is known and used in the art as a suitable means for effectively and efficiently suppressing the temperature rise of the resonator, and thereby optimize the apparatus.
Nguyen et al. further discloses a port 170 for introducing gas into the chamber from a first direction and an exhaust 172 for removing the gas from the second opening of the chamber along a second horizontal direction, the exhaust configured to couple to an evacuation region of the processing chamber, the evacuation region separate and distinct from the port 170. Nguyen et al. does not expressly disclose that the first direction is a vertical direction. Wang discloses a chamber 110 comprising a port 111 for introducing gas into the chamber from a first vertical direction and an exhaust 116 for removing the gas from the chamber along a second horizontal direction, (see, for example, Figs. 1-2, Fig. 1 is shown below).
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Additionally, Min et al. discloses a chamber 43 comprising a port 70 for introducing gas into the chamber from a first vertical direction and an exhaust 41 for removing the gas from the chamber along a second horizontal direction, (see, for example, Figs. 9-10 and 15, Figs. 9 and 10 are shown below).
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Therefore, in view of these disclosures, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the apparatus of Nguyen et al. as to comprise the claimed port/exhaust configuration because such configuration is known and used in the art as a suitable configuration to effectively and efficiently introduce and exhaust gas(es) from a chamber. Additionally, there is no evidence that the choice of the particular position of the port and/or the exhaust would significantly affect the overall performance of the claimed chamber/module.
With respect to claims 6, and 8, it should be noted that the module of Nguyen et al. further discloses that the monopole antennas are electrically coupled to a solid state microwave source (see, for example, figs. 2A-3, and their descriptions); multiple dielectric resonators 353 are coupled to the dielectric plate 350/550, wherein each of the dielectric resonators have a monopole antenna 357 positioned in a hole in the dielectric resonator (see, for example, figs. 3A-3B, and 5A-5E, and their descriptions); and the dielectric resonators 142 are a discrete body from the dielectric plate 150/450.
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nguyen et al., US 2019/0326098 in view of Fujii et al., US 2009/0035945 and Kasai, US 2006/0137613 or Ishibashi et al., US 2014/0262034 and Wang, US 2016/0042916 or Min et al., KR 2020-0024581, as applied to claims 1, 6, and 8 above, and further in view of Stowell et al., US 2015/0348757.
Nguyen et al., Fujii et al., Kasai, Ishibashi et al., Wang, and Min et al., are applied as above but do not expressly disclose that the lid further comprises channels for flowing a coolant. Stowell et al. teaches a thermal controlled microwave window comprising a lid 106 having channel 112 for flowing a coolant 160 (see, for example, figs. 1, 3-5 and 7, and their descriptions). Therefore, in view of this disclosure, it would have been obvious to one having ordinary skill in the art at the time the invention was made to modify the lid of the module of Nguyen et al. modified by Fujii et al. and Kasai or Ishibashi et al. and Wang or Min et al., as to further comprise the claimed channels for flowing a coolant because such means is known and used in the art as a suitable means for effectively and efficiently controlling the temperature of the lid and thereby avoiding damage.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1, 5-6 and 8 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 11,049,694 in view of and Kasai, US 2006/0137613 or Ishibashi et al., US 2014/0262034 and Wang, US 2016/0042916 or Min et al., KR 2020-0024581.
Claims 1-20 of US 11,049,694 recite and/or encompass the claimed limitations except for the limitation of the conductive layer fluidly coupled to a coolant source. Kasai discloses an apparatus comprising a dielectric resonator 22, a monopole antenna 21/17a-b positioned in the dielectric resonator, and a conductive layer 24 surrounding the dielectric resonator, wherein a coolant source 25 is fluidly coupled to the conductive layer (see, for example, the abstract and Figs. 1, 4-5A and 9 and their descriptions, Fig. 1 shown below).
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Also, Ishibashi et al. discloses an apparatus comprising a dielectric 56, an antenna 55, and a conductive layer 72 surrounding the dielectric, wherein a coolant source CW is fluidly coupled to the conductive layer (see, for example, the abstract and Figs. 1-2 and their descriptions, Fig. 1 shown below).
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Therefore, in view of these disclosures, it would have been obvious to one having ordinary skill in the art at the time the invention was made to modify the apparatus of the claims 1-20 of U.S. Patent No. 11,049,694, as to further comprise a coolant source fluidly coupled to the conductive layer because such means is known and used in the art as a suitable means for effectively and efficiently suppressing the temperature rise of the resonator, and thereby optimize the apparatus.
With respect to the claimed port and exhaust, Wang discloses a chamber 110 comprising a port 111 for introducing gas into the chamber from a first vertical direction and an exhaust 116 for removing the gas from a second opening of the chamber along a second horizontal direction, the exhaust configured to couple to an evacuation region of a processing chamber, the evacuation region separate and distinct from the port (see, for example, Figs. 1-2, Fig. 1 is shown below).
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Additionally, Min et al. discloses a chamber 43 comprising a port 70 for introducing gas into the chamber from a first vertical direction and an exhaust 41 for removing the gas from the second opening of the chamber along a second horizontal direction, the exhaust configured to couple to an evacuation region of a processing chamber, the evacuation region separate and distinct from the port (see, for example, Figs. 9-10 and 15, Figs. 9 and 10 are shown below).
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Therefore, in view of these disclosures, it would have been obvious to one having ordinary skill in the art at the time the invention was made to modify the apparatus of the claims 1-20 of U.S. Patent No. 11,049,694, as to comprise the claimed port/exhaust configuration because such configuration is known and used in the art as a suitable configuration to effectively and efficiently introduce and exhaust gas(es) from a chamber. Additionally, there is no evidence that the choice of the particular position of the port and/or the exhaust would significantly affect the overall performance of the claimed chamber/module.
Claims 1, 5-6 and 8 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-15 of U.S. Patent No. 11,393,661 in view of and Kasai, US 2006/0137613 or Ishibashi et al., US 2014/0262034 and Wang, US 2016/0042916 or Min et al., KR 2020-0024581.
Claims 1-15 of US 11,393,661 encompass the claimed limitations except for the limitation of the conductive layer fluidly coupled to a coolant source. Kasai discloses an apparatus comprising a dielectric resonator 22, a monopole antenna 21/17a-b positioned in the dielectric resonator, and a conductive layer 24 surrounding the dielectric resonator, wherein a coolant source 25 is fluidly coupled to the conductive layer (see, for example, the abstract and Figs. 1, 4-5A and 9 and their descriptions, Fig. 1 shown below).
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Also, Ishibashi et al. discloses an apparatus comprising a dielectric 56, an antenna 55, and a conductive layer 72 surrounding the dielectric, wherein a coolant source CW is fluidly coupled to the conductive layer (see, for example, the abstract and Figs. 1-2 and their descriptions, Fig. 1 shown below).
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Therefore, in view of these disclosures, it would have been obvious to one having ordinary skill in the art at the time the invention was made to modify the apparatus of the claims 1-15 of U.S. Patent No. 11,393,661, as to further comprise a coolant source fluidly coupled to the conductive layer because such means is known and used in the art as a suitable means for effectively and efficiently suppressing the temperature rise of the resonator, and thereby optimize the apparatus.
With respect to the claimed port and exhaust, Wang discloses a chamber 110 comprising a port 111 for introducing gas into the chamber from a first vertical direction and an exhaust 116 for removing the gas from the second opening of the chamber along a second horizontal direction, the exhaust configured to couple to an evacuation region of a processing chamber, the evacuation region separate and distinct from the port (see, for example, Figs. 1-2, Fig. 1 is shown below).
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Additionally, Min et al. discloses a chamber 43 comprising a port 70 for introducing gas into the chamber from a first vertical direction and an exhaust 41 for removing the gas from the second opening of the chamber along a second horizontal direction, the exhaust configured to couple to an evacuation region of a processing chamber, the evacuation region separate and distinct from the port (see, for example, Figs. 9-10 and 15, Figs. 9 and 10 are shown below).
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Therefore, in view of these disclosures, it would have been obvious to one having ordinary skill in the art at the time the invention was made to modify the apparatus of the claims 1-15 of U.S. Patent No. 11,393,661, as to comprise the claimed port/exhaust configuration because such configuration is known and used in the art as a suitable configuration to effectively and efficiently introduce and exhaust gas(es) from a chamber. Additionally, there is no evidence that the choice of the particular position of the port and/or the exhaust would significantly affect the overall performance of the claimed chamber/module.
Claims 1, 5-6 and 8 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-12 of U.S. Patent No. 12,033,835 in view of and Kasai, US 2006/0137613 or Ishibashi et al., US 2014/0262034 and Wang, US 2016/0042916 or Min et al., KR 2020-0024581.
Claims 1-12 of US 12,033,835 encompass the claimed limitations except for the limitation of the conductive layer fluidly coupled to a coolant source. Kasai discloses an apparatus comprising a dielectric resonator 22, a monopole antenna 21/17a-b positioned in the dielectric resonator, and a conductive layer 24 surrounding the dielectric resonator, wherein a coolant source 25 is fluidly coupled to the conductive layer (see, for example, the abstract and Figs. 1, 4-5A and 9 and their descriptions, Fig. 1 shown below).
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Also, Ishibashi et al. discloses an apparatus comprising a dielectric 56, an antenna 55, and a conductive layer 72 surrounding the dielectric, wherein a coolant source CW is fluidly coupled to the conductive layer (see, for example, the abstract and Figs. 1-2 and their descriptions, Fig. 1 shown below).
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Therefore, in view of these disclosures, it would have been obvious to one having ordinary skill in the art at the time the invention was made to modify the apparatus of the claims 1-12 of U.S. Patent No. 12,033,835, as to further comprise a coolant source fluidly coupled to the conductive layer because such means is known and used in the art as a suitable means for effectively and efficiently suppressing the temperature rise of the resonator, and thereby optimize the apparatus.
With respect to the claimed port and exhaust, Wang discloses a chamber 110 comprising a port 111 for introducing gas into the chamber from a first vertical direction and an exhaust 116 for removing the gas from the second opening of the chamber along a second horizontal direction, the exhaust configured to couple to an evacuation region of a processing chamber, the evacuation region separate and distinct from the port (see, for example, Figs. 1-2, Fig. 1 is shown below).
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Additionally, Min et al. discloses a chamber 43 comprising a port 70 for introducing gas into the chamber from a first vertical direction and an exhaust 41 for removing the gas from the second opening of the chamber along a second horizontal direction, the exhaust configured to couple to an evacuation region of a processing chamber, the evacuation region separate and distinct from the port (see, for example, Figs. 9-10 and 15, Figs. 9 and 10 are shown below).
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Therefore, in view of these disclosures, it would have been obvious to one having ordinary skill in the art at the time the invention was made to modify the apparatus of the claims 1-12 of U.S. Patent No. 12,033,835, as to comprise the claimed port/exhaust configuration because such configuration is known and used in the art as a suitable configuration to effectively and efficiently introduce and exhaust gas(es) from a chamber. Additionally, there is no evidence that the choice of the particular position of the port and/or the exhaust would significantly affect the overall performance of the claimed chamber/module.
Response to Arguments
Applicant’s arguments, see pages 10-13 of the response, filed 03/10/2026, with respect to the 35 USC 103 rejection of claims 1, 5-6 and 8 over the Fujii et al. reference (US 2009/0035945), as the primary reference, have been fully considered and are persuasive. Therefore, the rejections of claims 1, 5-6 and 8 over the Fujii et al. reference (as primary reference) have been withdrawn.
With respect to applicant’s argument regarding the double patenting rejections, the examiner respectfully points out that the argument is moot since the above double patenting rejections rely on the references of Wang and Min et al. for their teachings of the newly amended claim limitations.
It should further be noted that even though no arguments were filed with respect to the 35 USC 103 rejections of claims 1, 5-6 and 8 over Nguyen et al. as the primary reference, the examiner respectfully contends that Nguyen et al. discloses a port 170 for introducing gas into the chamber from a first direction and an exhaust 172 for removing the gas from the second opening of the chamber along a second horizontal direction, the exhaust configured to couple to an evacuation region of the processing chamber, the evacuation region separate and distinct from the port 170, as required by newly amended independent claim 1. Therefore, the 35 USC rejections of claims 1, 5-6 and 8 over the Nguyen et al. reference (as the primary reference) are respectfully maintained.
Additionally, it should be noted that the drawings and specification objections are respectfully maintained since no changes/amendments to the drawings and/or the specification were filed.
Furthermore, it should be noted that new grounds of rejection have been presented over Min et al., KR 2020-0024581 in view of Fujii et al., US 2009/0035945 and Chua et al., US 2018/0294143 or Nguyen et al., US 2019/0326098 and Kasai, US 2006/0137613 or Ishibashi et al., US 2014/0262034, for claims 1, 6 and 8; and over Min et al., KR 2020-0024581 in view of Fujii et al., US 2009/0035945 and Chua et al., US 2018/0294143 or Nguyen et al., US 2019/0326098 and Kasai, US 2006/0137613 or Ishibashi et al., US 2014/0262034, and further in view of Stowell et al., US 2015/0348757, for claim 5.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. L’HEUREUX (US 2019/0338419) is cited for its disclosure of an apparatus comprising a port for introducing gas into a chamber from a first vertical direction and an exhaust for removing gas from the chamber along a second horizontal direction.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LUZ L ALEJANDRO whose telephone number is (571)272-1430. The examiner can normally be reached Monday and Thursday, 8:30 a.m. - 5:00 p.m..
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/LUZ L ALEJANDRO MULERO/ Primary Examiner, Art Unit 1716
April 28, 2026
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