DETAILED CORRESPONDENCE
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 .
Response to Amendment
Applicants’ submission, filed on 05/28/2026, in response to claims 1-4, 7-9 17-19, and 22-30 rejection from the non-final office action (01/28/2026), by amending claims 1-4, 8-9, 17, 19-20, 22-26, and 28-30, and cancelling claim 18 is entered and will be addressed below.
The examiner notices Applicants’ remark on page 13 indicating the location of the outlet hole 111, which changes the claim interpretation and also raises drawing issues, as discussed in the following.
Election/Restrictions
Claim 20 remains withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention Group II, there being no allowable generic or linking claim.
Drawings
The drawings are objected to under 37 CFR 1.83(a) because they fail to show “the outlet hole” (111) as described in the specification are not shown in Fig. 5 because the plate structure 109 is not shown in Fig. 5, therefore, the location of the outlet hole 111 in Fig. 5 is not previously presented. Any structural detail that is essential for a proper understanding of the disclosed invention should be shown in the drawing. MPEP § 608.02(d).
The examiner suggests showing the plate structure 109 as well as the outlet opening in Fig. 5.
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. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. 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.
Claim Interpretations
The newly added limitation “wherein the vaporized gas of the second carrier gas and the mixed fluid is further configured to flow together with the upward swirling flow of the second carrier gas rising while rotating in the vortex“ of claims 1 and 19, the “a vaporized gas of the mixed fluid“ is being changed to “the vaporized gas of the second carrier gas“, as the flowing and mixing of the various gas/vapor component is not part of the apparatus, this portion is not being subjected to 112(a) and 112(b) rejection. Note that gas/vapor diffusion mixing intrinsically happen in the vaporization chamber, a vaporized gas is considered part of the mixed fluid or part of the second carrier gas can be considered happening simultaneously. There is no structural requirement for such diffusion mixing to occur besides the mixed fluid and the second carrier gas being mixed together.
Similar diffusion/mixing phenomenon is added into claims 8-9, 23, and 25, and will be similarly treated. Furthermore, the “wherein the side wall of the vaporization chamber is formed with at least one taper extending from the opening provided at the boundary between the second fluid supplier and the vaporization chamber to the discharge hole, and is configured so as to allow the second carrier gas and the vaporized gas of the mixed fluid to flow over a surface of the taper in a direction perpendicular to a direction from the opening provided at the boundary between the second fluid supplier and the vaporization chamber toward the discharge hole”, the bold faced “to” is considered as toward as Applicants’ Fig. 5 shows the taper is short of and does not meet the discharger hole.
The examiner notices none of the description of above mentioned portion of claims 1 and 9, and the claims 8-9 and 23 are in Applicants’ disclosure. If Applicants’ disagree, please provide support for these gas flow phenomenon in the next submission.
The newly amended “wherein the second carrier gas rises upward by swirling along a direction crossing a direction extending from the first end to the discharge hole and flows from the first end along the side wall of the vaporization chamber to the discharge hole so as to be mixed with the mixed fluid attached to the side wall“ describe some of the second carrier gas rises … along this route, but this is NOT the exclusive flow path for all of the second carrier gas. If Applicants argue that all the second carrier gas has to be flowing exclusively along this path, please point out support for this interpretation.
The newly added limitation “from the outlet hole to the opening provided at the boundary between the second fluid supplier and the vaporization chamber“ of claim 4, Applicants’ annotated drawing on page 13 indicated the outlet hole 111 is at the lower portion than the “an opening provided at a boundary between the second fluid supplier and the vaporization chamber”. Therefore, the outlet hole and the opening will be examined inclusive two dimensional hole/opening at the top end and a low end of the same passage that produces swirling flow within this passage. Likewise, the “wherein a diameter of the outlet hole is equal to that of the opening provided at the boundary between the second fluid supplier and the vaporization chamber” of claim 2 is met as long as there is a passage, straight or not, that produces swirling flow within this passage (before moving to the taper portion of the vaporization chamber).
The previously amended limitation “wherein the outlet hole is directed vertically upward with respect to the plurality of introduction holes” of claims 1 and 19, it appears requiring outlet hole in a vertical upward direction no matter where the introduction holes are oriented.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-4, 9, 17, 19, 22, 24-26, and 28-30 are rejected under 35 U.S.C. 103 as being unpatentable over MORIKAWA et al. (US 20180135176, from IDS, hereafter ‘176), in view of Krotov et al. (US 6758591, previously applied ref, hereafter ‘591).
‘176 teaches some limitations of:
Claim 1: A vaporization system (abstract, corresponds to the claimed “A vaporizing system comprising”):
As illustrated in FIG. 4, the vaporizer 56 as a vaporization system includes at least a vaporization tube 66 constituting a vaporization chamber 65 and a delivery part 69, a first fluid supply part for supplying a mixed fluid obtained by mixing a first carrier gas (inert gas) 88 and a liquid precursor 63 to the vaporization chamber 65, and a second fluid supply part for supplying a second carrier gas (inert gas) 105 to the vaporization chamber 65 toward the mixed fluid. The second fluid supply part is installed on one end side of the vaporization chamber 65, and the first fluid supply part is installed on the other end side of the second fluid supply part ([0098]), The first fluid supply part A is arranged in an upper portion of the vaporization chamber 65, and the second fluid supply part B is arranged in a lower portion of the vaporization chamber ([0100], the first fluid supply part A supply a mixed first carrier gas 88 and liquid precursor 63 corresponds to the claimed “a vaporization chamber provided with a first end and a second end which is disposed at a location facing the first end; a first fluid supplier connected to the vaporization chamber at the second end”),
as the liquid precursor 63 is torn off by the high-speed first carrier gas 88, the liquid precursor 63 is split and atomized to generate a mist in which the atomized liquid precursor 63 and the first carrier gas 88 are mixed. The mist is sprayed into the vaporization chamber 65 as a high-speed, high-pressure gas-liquid two-layer flow 103 ([0115], last two sentences, includes the claimed “and configured to supply to the vaporization chamber a mixed fluid containing a first carrier gas and the a liquid source mixed with each other”, the second fluid supply part B with the second carrier gas 105 corresponds to the claimed “a second fluid supplier connected to the vaporization chamber at the first end, provided with an outlet hole a flow of a second carrier gas and a plurality of introduction holes disposed”),
as illustrated in FIG. 4, the number of the discharge holes 70 installed on the sidewall of the vaporization chamber 65 in this embodiment is two. However, the present disclosure is not limited to this embodiment, but three or more may be formed, and a plurality of discharge holes may be formed equally (e.g., at an equal interval) in the circumferential direction on the sidewall of the vaporization chamber 65 ([0104], includes the claimed “wherein a discharge hole for discharging from the vaporization chamber a fluid containing at least the second carrier gas and a vaporized gas of the mixed fluid is provided at a side wall of the vaporization chamber to be interposed between the first end and the second end“).
‘176 does not teach the other limitations of:
Claim 1: (a second fluid supplier connected to the vaporization chamber at the first end and provided with an outlet hole configured) not to obstruct a flow of (a second carrier gas and a plurality of introduction holes disposed), wherein flows of the second carrier vas introduced into the plurality of introduction holes are mixed so as to promote each flow, and an upward swirling flow of the second carrier gas rising while rotating in a vortex is formed by inclining a flow path of the second carrier gas formed within the introduction holes upward from horizontal,
wherein the outlet hole is directed vertically upward with respect to the plurality of introduction holes, and
wherein the second fluid supplier is configured such that the upward swirling flow of the second carrier gas rising while rotating in the vortex moves from the outlet hole to an opening provided at a boundary between the second fluid supplier and the vaporization chamber in a vertically upward direction with respect to a direction in which the second carrier gas is introduced into the plurality of introduction holes,
wherein the upward swirling flow of the second carrier gas rising while rotating in the vortex flows from the opening provided at the boundary between the second fluid supplier and the vaporization chamber to the discharge hole, so as to come into contact with a surface of the side wall of the vaporization chamber formed to be widened radially from the opening, and
wherein the vaporized gas of the second carrier gas and the mixed fluid is further configured to flow together with the upward swirling flow of the second carrier gas rising while rotating in the vortex.
‘591 is analogous art in the field of Mixing Of Materials In An Integrated Circuit Manufacturing Equipment (title), a chemical vapor deposition (CVD) process (col. 1, line 24), In chemical vapor deposition (CVD) … have applications in optics (i.e., anti-reflective coatings), electronics (col. 1, lines 12-23) the vapor is generally passed into a reaction chamber (col. 2, lines 41-41) a mixing device includes a nozzle that is disposed tangent to a wall of a chamber. Gas flowing from the nozzle rotates in the chamber forming a vortex. Another gas may be flown near a middle portion of the chamber, thereby uniformly mixing the two gases. In another embodiment, an evaporation and mixing device includes a nozzle configured to impart rotation to a gas flowing into a chamber (abstract), the vortex promotes uniform mixing of materials in chamber (col. 4, lines 58-59). ’591 teaches that FIG. 6A shows a schematic diagram of a mechanism 600 for introducing materials in an integrated circuit manufacturing equipment in accordance with an embodiment of the present invention. Mechanism 600 includes a mixing device 630 having a chamber 633. A nozzle 627 is disposed such that it is tangent to the inner surface of chamber 633. Optionally, a nozzle 601 disposed tangent to the inner surface of chamber 633 may also be employed. A nozzle 602 may be disposed such that it is co-axial with chamber 633. FIG. 6B shows a cross-sectional view of mixing device 630 taken at section B--B of FIG. 6A. As shown in FIG. 6B, gas from nozzle 627 circulates around chamber 633 creating a high speed rotating vortex represented by arrows 235. Similarly, gas from nozzle 601 may also be used to create the vortex. To facilitate the formation of the vortex, nozzle 627 (and nozzle 601, if available) is advantageously configured such that it flows gas at a relatively high rate compared to nozzle 602 (col. 6, line 55 to col. 7, line 5, note Fig. 6B particularly shows the carrier gas vortex from nozzles 627 and 601 flows into the mixing chamber 633 and goes out at bottom without obstruction).
Before the effective filling date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to have replaced the carrier gas plate member 109 of ‘176 with the carrier gas nozzles 627 and 601 forming vortex flow in Figs. 6A-6B of ‘591, for the purpose of promoting uniform mixing of materials in chamber, as taught by ‘591 (col. 4, lines 58-59). See illustration below as an example, note the vertex/spiral flow rises along the side wall.
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‘176 also teaches some limitations of:
Claim 19: A processing furnace 1 of a substrate processing apparatus (Figs. 1-3, [0030], corresponds to the claimed “A substrate processing apparatus at least comprising”):
wafers 6 as substrates are stacked in the boat 5 in a horizontal posture and in multiple stages and a process chamber 7 for accommodating and processing the wafers 6 is defined in the inner tube 3 ([0032], corresponds to the claimed “a process chamber in which a substrate is processed);
Nozzles 34, 35, 36, and 37 for supplying a gas into the process chamber 7 are installed in the preliminary chamber 33 such that they extend in a stacking direction of the wafers 6 from a lower portion to an upper portion of the preliminary chamber 33 so as to extend along the inner wall of the preliminary chamber 33 (namely the inner wall of the process chamber 7) ([0047]), A vaporizer 56 which is a vaporization system (vaporization part) and which vaporizes a liquid precursor to generate a vaporized gas as a precursor gas is installed in the gas supply pipe 45 … A precursor gas supply system (vaporized gas supply system) is mainly configured by the nozzle 36, the gas supply pipe 45, the vaporizer 56, the valve 57, and the gas filter 58 (Fig. 3, [0060], corresponds to the claimed “a vaporizer configured to generate a vaporized gas by vaporizing a liquid source; and a source gas supplier configured to supply the vaporized gas as a source gas into the process chamber”),
As illustrated in FIG. 4, the vaporizer 56 as a vaporization system includes at least a vaporization tube 66 constituting a vaporization chamber 65 and a delivery part 69, a first fluid supply part for supplying a mixed fluid obtained by mixing a first carrier gas (inert gas) 88 and a liquid precursor 63 to the vaporization chamber 65, and a second fluid supply part for supplying a second carrier gas (inert gas) 105 to the vaporization chamber 65 toward the mixed fluid. The second fluid supply part is installed on one end side of the vaporization chamber 65, and the first fluid supply part is installed on the other end side of the second fluid supply part ([0098]), The first fluid supply part A is arranged in an upper portion of the vaporization chamber 65, and the second fluid supply part B is arranged in a lower portion of the vaporization chamber ([0100], the first fluid supply part A supply a mixed first carrier gas 88 and liquid precursor 63 corresponds to the claimed “wherein the vaporizer comprises: a vaporization chamber provided with a first end and a second end which is disposed at a location facing the first end; a first fluid supplier connected to the vaporization chamber at the second end”),
as the liquid precursor 63 is torn off by the high-speed first carrier gas 88, the liquid precursor 63 is split and atomized to generate a mist in which the atomized liquid precursor 63 and the first carrier gas 88 are mixed. The mist is sprayed into the vaporization chamber 65 as a high-speed, high-pressure gas-liquid two-layer flow 103 ([0115], last two sentences, includes the claimed “and configured to supply to the vaporization chamber a mixed fluid containing a first carrier gas and the a liquid source mixed with each other”, the second fluid supply part B with the second carrier gas 105 corresponds to the claimed “a second fluid supplier connected to the vaporization chamber at the first end, provided with an outlet hole a flow of a second carrier gas and a plurality of introduction holes disposed”),
as illustrated in FIG. 4, the number of the discharge holes 70 installed on the sidewall of the vaporization chamber 65 in this embodiment is two. However, the present disclosure is not limited to this embodiment, but three or more may be formed, and a plurality of discharge holes may be formed equally (e.g., at an equal interval) in the circumferential direction on the sidewall of the vaporization chamber 65 ([0104], includes the claimed “wherein a discharge hole for discharging from the vaporization chamber a fluid containing at least the second carrier gas and a vaporized gas of the mixed fluid is provided at a side wall of the vaporization chamber to be interposed between the first end and the second end“).
‘176 does not teach the other limitations of:
Claim 19: (a second fluid supplier connected to the vaporization chamber at the first end, provided with an outlet hole configured) not to obstruct a flow of a second carrier gas and a plurality of introduction holes disposed) around the outlet hole wherein flows of the second carrier gas introduced into the plurality of introduction holes are mixed so as to promote each flow, and an upward swirling flow of the second carrier gas rising while rotating in a vortex is formed by inclining a flow path of the second carrier gas formed within the introduction holes upward from horizontal,
wherein the outlet hole is directed vertically upward with respect to the plurality of introduction holes, and
wherein the second fluid supplier is configured such that the upward swirling flow of the second carrier gas rising while rotating in the vortex moves from the outlet hole to an opening provided at a boundary between the second fluid supplier and the vaporization chamber in a vertically upward direction with respect to a direction in which the second carrier gas is introduced into the plurality of introduction holes,
wherein the upward swirling flow of the second carrier gas rising while rotating in the vortex flows from the opening provided at the boundary between the second fluid supplier and the vaporization chamber to the discharge hole, so as to come into contact with a surface of the side wall of the vaporization chamber formed to be widened radially from the opening, and
wherein the vaporized gas of the second carrier gas and the mixed fluid is further configured to flow together with the upward swirling flow of the second carrier gas rising while rotating in the vortex.
‘591 is an analogous art as discussed above.
Before the effective filling date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to have replaced the carrier gas plate member 109 of ‘176 with the carrier gas nozzles 627 and 601 forming vortex flow in Figs. 6A-6B of ‘591, for the purpose of promoting uniform mixing of materials in chamber, as taught by ‘591 (col. 4, lines 58-59).
‘176 further teaches the limitations of:
Claims 9 and 24-26: Fig. 4 shows the taper of vaporization chamber 65 reaches below the discharge hole 70 (includes the claimed “wherein the vaporization chamber is configured so as to allow the second carrier gas and the vaporized gas of the mixed fluid to flow in a direction perpendicular to a direction from the opening provided at the boundary between the second fluid supplier and the vaporization chamber toward the discharge hole” of claim 9, “wherein the upward swirling flow of the second carrier gas is configured such that diameters of turns of the upward swirling flow become greater as the spiral-shaped flow flows along the side wall of the vaporization chamber toward the discharge hole” of claim 24, “wherein the upward swirling flow of the second carrier gas is maintained at least until the discharge hole is reached“ of claim 25, and “wherein the second carrier gas rises upward by swirling along a direction crossing a direction extending from the first end to the discharge hole and flows from the first end along the side wall of the vaporization chamber to the discharge hole so as to be mixed with the mixed fluid attached to the side wall” of claim 26, see claim interpretation above. See also illustration above).
Claim 17: A two-fluid spray type spray nozzle 96 for atomizing the liquid precursor 63 is installed in the nozzle holder 95 as a spray nozzle for spraying (atomizing) the liquid precursor 63 in the vaporization chamber 65 (Fig. 6, [0106], exactly the same as Fig. 6 of instant application), The carrier gas supply hole 99 communicates with the gas supply pipe 85 (see FIG. 3) so that the first carrier gas 88 is supplied from the gas supply pipe 85 to the carrier gas chamber 98 through the carrier gas supply hole 99 ([0109]), An atomizer injection port 101 (hereinafter, simply referred to as an injection port) as a first injection port which is in parallel with a leading end of the spray nozzle 96 and allows the carrier gas chamber 98 and the vaporization chamber 65 to communicate with each other is formed on a lower surface of the carrier gas chamber 98 ([0110], includes the claimed “wherein the first fluid supplier comprises a nozzle for supplying the liquid source, and a nozzle holder surrounding a front end of the nozzle and comprising an ejection port through which the first carrier gas is supplied, and wherein the mixed fluid is sprayed from the ejection port toward the first end of the vaporization chamber”).
Claim 22: Fig. 4 also shows “wherein the mixed fluid is sprayed to a center of the second carrier gas introduced to the vaporization chamber via the second fluid supplier”.
Claim 28: as illustrated in FIG. 4, the number of the discharge holes 70 installed on the sidewall of the vaporization chamber 65 in this embodiment is two. However, the present disclosure is not limited to this embodiment, but three or more may be formed, and a plurality of discharge holes may be formed equally (e.g., at an equal interval) in the circumferential direction on the sidewall of the vaporization chamber 65 ([0104], includes the claimed “wherein a plurality of discharge holes, including the discharge hole, are provided at equal intervals at the side wall of the vaporization chamber”).
Claims 29-30: the outlet hole can be considered at any plane below the “diameter of the outlet hole” in the illustration 1 above, see claim interpretation above, therefore, reads into the claimed “wherein the opening provided at the boundary between the second fluid supplier and the vaporization chamber is located higher than the outlet hole and the plurality of introduction holes” of claim 29, see illustration above, and “wherein the opening provided at the boundary between the second fluid supplier and the vaporization chamber is located higher than a structure in the second fluid supplier where the upward swirling flow of the second carrier gas rising while rotating in the vortex is generated” of claim 30.
The combination of ‘176 and ‘591 further teaches the limitations of:
Claim 2: illustration above shows the claimed “wherein a diameter of the outlet hole is equal to that of the opening provided at the boundary between the second fluid supplier and the vaporization chamber”.
Claim 3: Fig. 4 of ‘176 shows horizontal pipe to introduce the second carrier gas, furthermore, Figs. 6A-6B shows nozzle 601 and 627 are horizontal (i.e. 0o relative to horizon, includes the claimed “wherein an inclination angle at which the flow path of the second carrier gas is inclined upward from the horizontal is 10o or less”).
Claim 4: illustration above shows the claimed “wherein a flow path communicating between the outlet hole and the vaporization chamber extends, straightly upward in the vertical direction with respect to the direction in which the second carrier gas is introduced into the plurality of introduction holes, from the outlet hole to the opening provided at the boundary between the second fluid supplier and the vaporization chamber”, see also claim interpretation above.
Claims 7-8, 23, and 27 are rejected under 35 U.S.C. 103 as being unpatentable over ‘176 and ‘591, as being applied to claim 1 rejection above, further in view of ITSUKI et al. (US 20220064786, hereafter ‘786).
‘176 further teaches that a gas-liquid mixture injected at high speed from an upper portion of a vaporizer may reach an inner wall thereof and remain in the vaporizer to generate residue. Thus, to improve the vaporization efficiency in the vaporizer, a carrier gas is supplied by an inert gas to the gas-liquid mixture to promote the vaporization and to suppress the residue remaining within the vaporizer ([0005], last two sentences), When there is stagnation of the mist within the vaporization tube 66, residue adheres to the wall surface of the vaporization tube 66, and when the adhesion amount increases, the flow of the gas to the discharge holes 70 may be disturbed to generate turbulent flow ([0103], therefore, the residue is at the upper end of the vaporizer, or the second fluid supplier).
The combination of ‘176 and ‘591 does not teach the limitations of:
Claim 7: wherein a surface treatment is performed on a surface of an inner wall of the vaporization chamber so as to suppress an adhesion of the liquid source.
‘786 is analogous art in the field of SOLID VAPORIZATION/SUPPLY SYSTEM OF METAL HALIDE FOR THIN FILM DEPOSITION (title), to a semiconductor processing instrument ([0004], last sentence), the vaporizable source material container 100 may be performed in any of liquid, solid and vapor phases ([0039], 3rd sentence). ’786 teaches that A fluorocarbon polymer coating 10 is applied to the container main body 2, the lid body 4 and the joint members 8. To each of them, electrolytic polishing may be applied on their surfaces, instead of the fluorocarbon polymer coating 10. Besides, the fluorocarbon polymer coating 10 may be further applied to the surface of each of the bodies and members having been treated by electrolytic polishing. As a result, the vaporizable source material container 100 has excellent corrosion resistance (Fig. 2, [0044], 2nd sentence), The fluorocarbon polymer coating 10 is preferably applied to every part of the inner and outer surfaces of the container main body 2, the inner and outer surfaces of the lid body 4, surfaces of the fastening members 6 and surfaces of the joint members 8 ([0052]), The vaporizable source material container 100 configured as described above can very effectively reduce particle contamination in the solid vaporization/supply system 500 shown in FIG. 1 ([0078]).
Before the effective filling date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to have adopted Teflon coating and/or electrolytic polishing, as taught by ‘786, particularly near the upper surface of the vaporization tube 66 (‘176, [0103]), for the purpose of reducing particle contamination, as taught by ‘786 ([0078]).
‘176 further teaches the limitations of:
Claims 8 and 23: Fig. 4 shows a taper of the vaporization chamber 65 (same as Applicants’ Fig. 5, reads into the claimed “wherein the side wall of the vaporization chamber is formed with at least one taper extending from the opening provided at the boundary between the second fluid supplier and the vaporization chamber to the discharge hole, and is configured so as to allow the second carrier gas and the vaporized gas of the mixed fluid to flow over a surface of the taper in a direction perpendicular to a direction from the opening provided at the boundary between the second fluid supplier and the vaporization chamber toward the discharge hole“ of claim 8 and “wherein the vaporization chamber allows the second carrier gas to flow so as to surround the mixed fluid supplied from the first fluid supplier from an outer periphery thereof” of claim 23, also has the same performance when combination with ‘591).
The combination of ‘176, ‘591, and ‘786 further teaches the limitations of:
Claim 27: even if the mist adheres and deposits, since the second carrier gas 105 can be supplied to the surfaces of the shower plates before closing the second injection hole 111 in the region where the second injection hole 111 of the shower plate exists, it is possible to efficiently vaporize even the mist adhered to the region where the second injection hole 111 does not exist. It is also possible to suppress generation of residue around the shower plates. The bottom surface portion may also be included in the plate member 109 (‘176, [0129], last two sentences, along with the Teflon coating and/or electrolytic polishing imported by ‘786, the combination would have had the claimed “wherein a side surface of the vaporization chamber is configured such that the mixed fluid adhered to the side wall of the vaporization chamber flows toward the second fluid supplier by the surface treatment”).
Alternatively, claims 29-30 and 2 and 4, are rejected under 35 U.S.C. 103 as being unpatentable over ‘176 and ‘591, as being applied to claim 1 rejection above, further in view of Tsuda (US 20110098841, same as Applicants’ submitted IDS CN 101842880, hereafter ‘841).
In case Applicants argue that the combination of ‘176 and ‘591 does not teach the limitations of (as well as outlet hole in claims 2 and 4):
Claim 29: wherein the opening provided at the boundary between the second fluid supplier and the vaporization chamber is located higher than the outlet hole and the plurality of introduction holes.
Claim 30: wherein the opening provided at the boundary between the second fluid supplier and the vaporization chamber is located higher than a structure in the second fluid supplier where the upward swirling flow of the second carrier gas rising while rotating in the vortex is generated.
‘841 is analogous art in the field of GAS SUPPLY DEVICE, PROCESSING APPARATUS, PROCESSING METHOD (title), forming a vortex flow ([0021]), including a vaporizer ([0064]). ’841 teaches that a gas introduction port 64 opened in an upper section of the device body 31 is formed at an upper end 35a of the gas introduction route 35. (Fig. 2, [0067], see also Fig. 4), Gas introduction ports 61a, 61b, 62a, 62b, 63a, and 63b for supplying the gases to the gas-conducting space 32 via the gas introduction route 35 are provided in a sidewall of the gas introduction route 35 ([0060, 2nd sentence), the gas introduction route 35 in the device body 31 … from the diametrally reduced end 32a to an upper end of each partitioning member 41 to 46 ([0062], the reduced end 32a corresponding to the claimed “the boundary between the second fluid supplier and the vaporization chamber”), for the purpose supply gas flow rapidly ([0011]).
Before the effective filling date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to have replaced the mixing device 630 of ‘591 with upper part of the device body 31 of ‘841, and then combined with ‘176, for the purpose supply gas flow rapidly, as taught by ‘841 ([0011]).
Response to Arguments
Applicant's arguments filed 05/28/2026 have been fully considered but they are not persuasive.
In regarding to 35 USC 112(b) rejection, see the bottom of page 11, Applicants’ amendment overcomes the previous rejection.
In regarding 35 USC 103 rejection over Morikawa ‘176 and Krotov ‘591, the arguments are
A) Applicants assert that the flow path is configured to be small, the flow rises vigorously, see the bottom of page 15, and vigorously ejected from the opening, see the 1st complete paragraph of page 16, Applicants argue that the vortex in ‘591 is intended for mixing with the source material, if were configured to have a large width as in the present invention, the effect of mixing is diminished, see the last complete paragraph of page 17.
This argument is found not persuasive.
Applicants’ assertion at the bottom of page 15 is entirely absent from Applicants’ Specification or drawing. Furthermore, the “small” is a relative term.
There is no requirement in the claim that requires the diameter/size of the path (from “outlet hole” to “opening”, the vertical passage at bottom of Applicants Fig. 5). There is no constraints in either ‘176 and ‘591 as the diameter at the bottom of the vaporization chamber 65 of ‘176 or the vortex chamber 633 of ‘571. It is not clear on what basis Applicants to assert that “configure to have a large width”. And to what extent the effect of mixing is diminished to be not readable to the current claim.
In fact, from various amendment of the current claim set, Applicants describe various flow phenomena that were entirely missing from the original Specification (portion of claims 1 and 19, and 8-9, 23, and 25). None of these are considered being related to the structure of the apparatus. At best, these are directed toward speculation of operational performance that may differ from the combined apparatus. The examiner maintains that the combined apparatus has the same structure as claimed and these flow phenomena is a property of the apparatus, therefore, does not add further structural limitations.
B) ‘591 does not teach bringing the mixed fluid adhering to the side wall into contact with the vortex of the carrier gas, there is a concern that the effect would actually be reduced, see the bridging paragraph between pages 17 and 18.
This argument is found not persuasive.
This is attacking reference individually at best.
In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986).
‘176 teaches residue adheres to the wall surface of the vaporization tube 66 ([0103]) and carrier/purge gas 105 from the bottom of the taper 66 of the vaporization chamber 65. ‘591 teaches vortex flow for promoting uniform mixing of material in the chamber. The combined apparatus will cause the vortex flow over the adhered material on the vaporization tube 66.
The “concern” is coming out of nowhere. Perhaps it is from Applicants’ previous argument that their path is small (bottom of page 15) and if the combined apparatus is configured to have a large width (last complete paragraph of page 17) which are from Applicants’ speculation, without support.
Note also ‘841 provides a much longer vortex flow passage.
See also ‘708 in the conclusion.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 20200232708 is cited for swirl flow SF prevent adhering to the inner surface (Fig. 1, [0085]) or scrapes adhered material ([0089]).
US 20200199748 vortex of carrier gas (Fig. 6).
US 20180057931 teaches a swirling flow may increase the residence time and mixing of precursor gas ([0017]).
JP H10189909, which teaches that “uniformly polished at the angstrom level by electrolytic polishing” (before [0015]). US 20220381335 is cited for high-precision finishing in the unit of µm ([0026]). US 8603247 is cited for vortex flow upward (Fig. 9, inlet 420, outlet 425, see Fig. 8 for vortex).
Applicants submitted IDS, US 20100062614, also teaches vortex flow without obstruction (Figs. 3A-3B).
US 20140182515 is cited for similar to ‘176 except vaporizer with cylindrical inner space (Fig. 4). US 5953634 is cited for “The inner surface of the vaporizer was coated with a Teflon layer, thus making the inner surface inactive to the decomposition of the CVD source” (Fig. 10, col. 35, lines 42-45).
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.
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/KEATH T CHEN/ Primary Examiner, Art Unit 1716
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