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’ amendment, filed on 09/16/2025, in response to claims 1, 3, 5-8, 10, 12-15, and 21-29 rejection from the non-final office action (05/20/2025), by amending claims 1, 8, 21, and 26 and cancelling claims 25 and 29 is entered and will be addressed below.
Claim Interpretations
The material used in the apparatus is considered an intended use of the apparatus, including:
The currently amended “the calibration cylinder configured to confirm that the source material has filled the fixed liquid volume“ of claim 1 (similarly for claims 8, 21, and 26), the purpose of design the calibration cylinder is not part of the apparatus structure. Furthermore, as the volume between two valves is intrinsically fixed, it is suitable for confirming this volume is filled with material flowing from the upstream. Applicants’ disclosure describes “the calibration cylinder 210 confirms the exact volume of the source material in the fixed volume 222 “ ([0039]). Therefore, the minimum requirement of “configured to confirm” is the two valves surrounding the calibration cylinder. The examiner cannot find any description in Applicants’ Specification of checking air bubble or analysis of other contamination within the source material to check that the calibration cylinder being entirely source material.
“wherein the push gas is helium, nitrogen, argon, or combinations thereof” of claims 3 and 10,
“wherein the source material is molten lithium, sodium, magnesium, zinc, cadmium, aluminum, gallium, indium, thallium, selenium, tin, lead, antimony, bismuth, tellurium, alkali earth metals, silver, or combinations thereof” of claims 6 and 13,
It has been held that claim language that simply specifies an intended use or field of use for the invention generally will not limit the scope of a claim (Walter, 618 F.2d at 769, 205 USPQ at 409; MPEP 2106). Additionally, in apparatus claims, intended use must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim (In re Casey, 152 USPQ 235 (CCPA 1967); In re Otto, 136 USPQ 458, 459 (CCPA 1963); MPEP2111.02). When the structure recited in the reference is substantially identical to that of the claims, claimed properties or functions are presumed to be inherent (In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977); MPEP 2112.01).
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, 3, 6, 8, 10, 13, and 15 rejected under 35 U.S.C. 103 as being unpatentable over Ma et al.(US 20100151261, hereafter ‘261), in view of Herman et al. (US 20140374238, from IDS, hereafter ‘238), Lam et al. (US 6814837, from IDS, hereafter ‘837).
‘261 teaches some limitations of:
Claim 8: APPARATUS FOR THE VAPORIZATION AND DELIVERY OF SOLUTION PRECURSORS FOR ATOMIC LAYER DEPOSITION (title), a deposition chamber 40 (Figs. 1-3, [0017], 4th sentence, includes the claimed “A deposition system, comprising”):
the apparatus comprises a solution source vessel 10 in fluid connection with a vaporizer 30 via a pump 20 and valve 90 ([0017], includes the claimed “an evaporation system having a fluid inlet port; a fluid delivery system, comprising: an ampoule operable to hold a source material, the ampoule including a fluid outlet port”), The solution source vessel 10 preferable has a dip tube for liquid delivery, a pressurization gas port and a solution recharge port ([0018], last sentence, includes the claimed “and a gas inlet port”);
The line between the solution source vessel 10 and the vaporizer 30 is the claimed “a fluid delivery line operable to deliver the source material to the fluid inlet port of the evaporation system, the fluid delivery line comprising: a first end fluidly coupled with the fluid outlet port; a second end fluidly coupled to the fluid inlet port”;
The valve 90 can be an ALD two port valve or alternatively can have a pre-determined liquid storage volume; e.g. HPLC type multi-port valve with capillary storage tubes. As shown in FIG. 3, the solution dose can be further separated and controlled by a checker valve or injection nozzle 35 to ensure the solution dose remains liquid phase before entering the vaporizer 30 ([0020], 2nd sentence, the valve 90 is the claimed “a first isolation valve disposed along the fluid delivery line”; the checker valve 35 is the claimed “a second isolation valve disposed along the fluid delivery line”; and the pre-determined liquid storage volume is the claimed “and a calibration cylinder disposed along the fluid delivery line downstream from the first isolation valve and upstream from the second isolation valve, wherein the first isolation valve, the calibration cylinder, and the second isolation valve define a fixed liquid volume, the calibration cylinder configured to confirm that the source material has filled the fixed liquid volume”),
the pump 20 takes the form of a calibrated capillary line and solution is moved into the capillary line by pressure applied through the gas port of the solution source vessel using an inert gas ([0019], 3rd sentence, includes the claimed “a push gas source in fluid communication with the fluid delivery line, the push gas source operable to hold a push gas“).
‘261 does not teach the other limitations of:
Claim 8: (8A) a gas delivery line connecting the push gas source and the fluid delivery line, the gas delivery line comprising:
a first section of the gas delivery line fluidly coupled to the gas inlet port; and
a second section of the gas delivery line fluidly coupled to the fluid delivery line between the first isolation valve and the calibration cylinder via a first valve, (8B) the second section of the gas delivery line, comprising:
a first pneumatic valve disposed along the gas delivery line; and
a second pneumatic valve disposed downstream of the first pneumatic valve.
‘238 is an analogous art in the field of CONTROL APPARATUS FOR DISPENSING SMALL PRECISE AMOUNTS OF LIQUID REAGENTS (title), at least one source reservoir 24 (Fig. 1, [0027]), The individual source reservoirs 24, 25, 26 each independently communicates with the defined volume portion 14 of the fluid passageway 12 between the gas pressure sensors 10, 11. Respective liquid lines 32, 33 are associated with the source reservoir 24 for this purpose ([0028], 2nd sentence), a gas supply 40 is in communication with the defined volume portion 14 of the fluid passageway 12, for transferring gas from the gas supply 40 into the passageway 12 to push liquid in the passageway to the reaction vessel 13 ([0029]). ‘238 teaches the One or more of the valves 27, 30, 31 are used to move fluid into or out of the defined volume portion 14 of the fluid passageway 12 ([0019], last sentence), and valve 16 ([0018], 3rd sentence, between the valves 27 and 16 is a defined, or predetermined volume), for the purpose of accurate automated small volume dispensing systems ([0008], i.e. also confirms fixed volume being filled). ‘238 further teaches that gas lines 42, 43, and 44 respectively connect the gas supply 40 to the source reservoirs 24, 25, and 26 ([0031], last sentence, includes the claimed “a gas delivery line connecting the push gas source and the fluid delivery line, the gas delivery line comprising: a first section of the gas delivery line fluidly coupled to the gas inlet port”), an appropriate gas line 41 connects the gas supply 40 to the defined volume portion 14 through the valve 15 ([0029], last sentence, includes the claimed “and a second section of the gas delivery line fluidly coupled to the fluid delivery line between the first isolation valve and the calibration cylinder”).
Before the effective filing dates of the claimed invention, it would have been obvious to a person having ordinary skill in the art to have adopted two distinct separate valves enclosing a predetermined volume, and to have adopted the gas lines of the gas supply 40 to source reservoirs and various valves as the pressurization gas to the solution source vessel, as taught by ‘238, as the two port valve 90 with a predetermined liquid storage volume of ‘261 (to deliver to the vaporization chamber 30 of ‘261) (the limitation of 8A), for the purpose of accurate automated small volume dispensing systems ([0008]).
In case Applicants argue that ‘261 fails to explicitly teaches “a calibration cylinder disposed along the fluid delivery line downstream from the first isolation valve and upstream from the second isolation valve”, ‘238 specifically teaches this arrangement.
‘837 is an analogous art in the field of regulation of gas supply to a low pressure deposition process in the semiconductor wafer manufacturing industry (col. 1, lines 9-11), including physical vapor deposition (PVD) (col. 1, lines 39-40). ‘837 teaches that supply process gas 110 passes through valve 120 and continues downstream to mass-flow controller 130, coupled downstream of valve 120 (Fig. 1, col. 3, lines 33-35), various different types of valves and mechanisms to control the valves can be used. Such valves include ball valves, pneumatic valves (col. 5, lines 33-35, in other words, the valve 120 can also be a pneumatic valve, notice that the control signal 112 and 113 can both be pneumatic signal), for the purpose of enabling the inhibition of pressure bursts downstream from the valve (col. 3, lines 51-52).
Before the effective filing dates of the claimed invention, it would have been obvious to a person having ordinary skill in the art to have replaced each of the single valve 15 of ‘238 with pneumatic valves 120 and 140 of ‘837, and then combined with ‘261 (the limitations of 8B), for the purpose of inhibition of pressure bursts downstream from the valve (col. 3, lines 51-52).
Claim 1 is rejected for substantially the same reason as claim 8 rejection above. Note “the calibration cylinder configured to confirm that the source material has filled the fixed liquid volume“ is a design purpose not part of the apparatus structure, the “the pre-determined liquid storage volume“ of ‘261 and “predetermined volume” of ‘238 are constructed for this delivery purpose.
‘261 further teaches the limitations of:
Claims 3 and 10: ‘261 is capable of using He, N2 or Ar as inert gas (includes the claimed “wherein the push gas is helium, nitrogen, argon, or combinations thereof”, ‘238 also teaches that gas supply 40 delivers nitrogen, [0031]).
Claims 6 and 13: The solution source vessel 10 is capable of holding various metals (includes the claimed “wherein the source material is selected from molten lithium, sodium, magnesium, zinc, cadmium, aluminum, gallium, indium, thallium, selenium, tin, lead, antimony, bismuth, tellurium, alkali earth metals, silver, or combinations thereof”, note gallium has a very low evaporation temperature and the vaporizer 30 is clearly able to vaporize gallium).
Claim 15: A typical ALD process is based on sequential applications of at least two precursors to the substrate surface with each pulse of precursor separated by a purge ([0003], includes the claimed “wherein the evaporation system further comprises: a deposition surface operable for depositing the source material onto a substrate provided on the deposition surface”, the vaporizer is considered “and a crucible positioned for depositing the source material onto the substrate”, note claim 15 does not required an open end crucible nor placed inside the deposition chamber).
Claims 5 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over ‘261, ‘238, and ‘837, as being applied to claims 1 and 8 rejection above, further in view of Ronsse et al. (US 20030101938, hereafter ‘938).
‘238 further teaches some limitations of:
Claims 5 and 12: an appropriate gas line 41 connects the gas supply 40 to the defined volume portion 14 through the valve 15 ([0029], last sentence, includes the claimed “wherein the second section of the gas delivery line further comprises”):
The invention includes two pressure sensors 10 and 11 ([0018], includes the claimed “a pressure gauge”).
The combination of ‘261, ‘238, and ‘837 does not teach the limitations of:
Claims 5 and 12: (wherein the second section of the gas delivery line further comprises):
a metering valve disposed downstream of the second pneumatic valve; and
(a pressure gauge) disposed downstream of the metering valve.
‘938 is an analogous art in the field of Apparatus For The Deposition Of High Dielectric Constant Films (title), vaporizing low vapor pressure liquid precursors and conveying the vapor to a processing region to fabricate advanced integrated circuits (abstract). ‘938 teaches that Referring now to FIG. 15, which is a schematic drawing of a representative liquid flow controller of the present invention, liquid flow controller 528 includes a liquid flow meter 510 and a vaporizer 520. Liquid precursor enters liquid flow meter 510, which generates a measured flow rate signal 512. The precursor flows from liquid flow meter outlet 511 into vaporizer supply line 513 and then into vaporizer inlet 515. Located within vaporizer 520 between vaporizer inlet 515 and metering valve 524, is a positive shut-off valve 522 that provides the capability to cut-off liquid flow before the vaporization point within vaporizer 520. Vaporizer 520 reads signal 512 and adjusts metering valve 524 to achieve a target flow. Positive shut off valve 522 is a pneumatic valve that is controlled by on-board software control module 1000 (FIG. 21). Although metering valve 524 can provide a shut-off capability when in a "closed" or zero set-point condition, positive shut-off valve 522 provides added assurance that no liquid will continue to flow through vaporizer 520 when liquid flow controller 528 is in a "closed" or zero set-point condition. The location of positive shut-off valve 522 relative to metering valve 524 is such that there is a minimal volume of liquid that could remain in the line between shut-off valve 522 and metering valve 524 ([0130]).
Before the effective filing dates of the claimed invention, it would have been obvious to a person having ordinary skill in the art to have added a metering valve downstream of the second pneumatic valve imported from ‘837, as taught by ‘938, and then combined with ‘261, for the purpose of ensuring no unwanted flow, as taught by ‘938 ([0130]). As for the exact location of the pressure sensor 10 relative to the metering valve, the location of the pressure gauge has limited choice (KSR rationale).
Claims 7 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over ‘261, ‘238, and ‘837, as being applied to claims 1 and 8 rejection above, further in view of Marsh et al. (US 20090035465, hereafter ‘465).
The combination of ‘261, ‘238, and ‘837 does not teach the limitations of:
Claims 7 and 14: further comprising a circulation line having a first end and a second end, the first end of the circulation line fluidly coupled to the fluid delivery line by a second valve upstream from the second isolation valve and downstream from the calibration cylinder and the second end of the circulation line fluidly coupled to the ampoule.
‘465 is an analogous art in the field of CHEMICAL VAPORIZER FOR MATERIAL DEPOSITION SYSTEMS (title), The system 10 can include a reaction chamber 20, a vaporizer 30 for vaporizing a precursor 11, and a delivery line 21 connecting the vaporizer 30 to the reaction chamber 20 for supplying the vaporized precursor 11 to the reaction chamber 20 (Fig. 1, [0010], 2nd sentence). ‘465 teaches that the system 10 can further include a precursor recirculation pump (not shown) in the precursor supply line 47 and a precursor return line (not shown) between the precursor storage 38 and the injector 32. During operation, the recirculation pump can continuously recirculate the precursor 11 between the precursor storage 38 and the injector 32. Recirculating the precursor 11 can at least reduce the exposure of the precursor 11 to the temperature in the vaporizer 30 and dilute and/or filter, any decomposed precursor ([0025], 2nd sentence).
Before the effective filing dates of the claimed invention, it would have been obvious to a person having ordinary skill in the art to have added precursor recirculation and a precursor return line between the solution source vessel 10 and the vaporizer 30 of ‘261, for the purpose of removing decomposed precursor, as taught by ‘465. Because the pre-determined liquid storage volume of the two port valve 90 is the measured volume delivered to the vaporizer, it would have been obvious to connect the return line downstream of the pre-determined liquid storage volume of the two port valve 90.
Claims 21-24 and 26-28 are rejected under 35 U.S.C. 103 as being unpatentable over ‘261, ‘238, and ‘837, as being applied to claims 1 and 8 rejection above, further in view of Winkler et al. (US 20210340674, hereafter ‘674) and Singh et al. (US 20070065576, hereafter ‘576).
The combination of ‘261, ‘238, and ‘837 does not expressly teach the limitations of (outside of parenthesis below):
Claims 21 and 26: further comprising:
a controller, comprising:
a memory storing computer readable instructions; and
a processor coupled to the memory, the processor configured by the computer readable instructions that when executed by the processor perform a plurality of operations, comprising:
opening the first isolation valve disposed along the fluid delivery line and closing the second isolation valve disposed along the fluid delivery line, (wherein the first isolation valve, the calibration cylinder, and the second isolation valve define the fixed liquid volume of the fluid delivery line and the fluid delivery line, the calibration cylinder configured to confirm that the source material has filled the fixed liquid volume),
delivering the source material from the ampoule to fill the fixed liquid volume of the fluid delivery line, the source material passing through the calibration cylinder;
closing the first isolation valve when the fixed liquid volume of the fluid delivery line is filled; and
opening the second isolation valve such that the fixed liquid volume of the source material flows through the fluid delivery line to a crucible positioned in the evaporation system.
‘674 is an analogous art in the field of chemical vapor deposition (CVD) and atomic layer deposition (ALD) … The process gas comprises the vaporized precursor mixed with the carrier gas ([0003]). ‘674 teaches that Referring to FIG. 1, the system 100 includes a carrier gas source 106, a deposition chamber 118, an optional reservoir 114, a quartz crystal microbalance (QCM) sample chamber 128, a precursor vessel 102, and a controller 190 ([0024]). ‘674 further teaches that the system 100 includes a controller 190. In an exemplary embodiment, the controller 190 includes a hard disk drive, a floppy disk drive, and a processor ([0037]), The controller 190 executes system control software, which is a computer program stored in a computer-readable medium. The medium may be a hard disk drive, or other kinds of memory ([0038]), the controller 190 can be configured to control one or more valves ([0042]).
‘576 is an analogous art in the field of Technique For Atomic Layer Deposition (title). ‘576 teaches that the gas may be metered into the system by a series connection of, for example, a valve, a small chamber of fixed volume, and a second valve. The small chamber is first filled to the desired pressure by opening the first valve. After the first valve is closed, the fixed volume of gas is released into the chamber by opening the second valve ([0035], 3rd sentence). Note this also includes confirming a fixed volume is filled.
Before the effective filing dates of the claimed invention, it would have been obvious to a person having ordinary skill in the art to have added a controller 90 including hard disk drive and processor of ‘674 to control various valves of ‘261 and to implemented valve opening and closing sequence of a fixed volume of ‘576 into the controller 190 of ‘674, and then combined with ‘261, for the purpose of delivering fixed volume of gas, as taught by ‘576 and required by ‘261 ([0020], 2nd sentence).
‘261 further teaches the limitations of:
Claims 22 and 27: the pump 20 takes the form of a calibrated capillary line and solution is moved into the capillary line by pressure applied through the gas port of the solution source vessel using an inert gas ([0019], 3rd sentence, includes the claimed “
wherein the plurality of operations further comprise flowing the push gas from the push gas source to the fluid delivery line via the first section of the gas delivery line, the first section of the gas delivery line in fluid communication with the push gas source and the fluid delivery line”, note also ‘576 also teaches that the controller 190 can be configured to control one or more valves ([0042])).
The combination of ‘261, ‘238, ‘837, ‘674, and ‘576 further teaches the limitations of:
Claim 23: the pump 20 takes the form of a calibrated capillary line and solution is moved into the capillary line by pressure applied through the gas port of the solution source vessel using an inert gas (‘261, [0019], 3rd sentence, the inert gas need to be applied when delivering solution from source vessel 10 to the pre-determined liquid storage volume of valve 90 while executing the procedure of ‘576, includes the claimed “wherein the plurality of operations further comprise filling a fixed gas volume of the second section of the gas delivery line with the push gas, the fixed gas volume defined by the first pneumatic valve and the second pneumatic valve, wherein the first pneumatic valve is open and the second pneumatic valve is closed” of claim 23),
Claims 24 and 28: ‘238 teaches that a gas supply 40 is in communication with the defined volume portion 14 of the fluid passageway 12 ([0029], while executing the procedure of ‘576, it would have the claimed “wherein the plurality of operations further comprise opening the second pneumatic valve when the fixed gas volume is filled with the push gas, the push gas delivered to the fluid delivery line via the second section of the gas delivery line to apply a pressure to the source material” of claim 24, and “wherein the plurality of operations further comprise: filling a fixed gas volume of the second section of the gas delivery line with the push gas, the fixed gas volume defined by the first pneumatic valve and the second pneumatic valve, wherein the first pneumatic valve is open and the second pneumatic valve is closed; and opening the second pneumatic valve when the fixed gas volume is filled with the push gas, the push gas delivered to the fluid delivery line via the second section of the gas delivery line to apply a pressure to the source material” of claim 28).
Response to Arguments
Applicant's arguments filed 09/16/2025 have been fully considered but they are not persuasive.
In regarding to 103 rejection, Applicants argue that
A) the use of valve are not intended to define a volume, because other flow rate, pump speed other factors affects volume, see the middle of page 9.
This argument is found not persuasive.
Use of an apparatus, including valve, is an intended use of the apparatus. The fixed volume is defined volume.
The defined volume is the same at various flow rate, pump speed, or what. Applicants is reminded that volume=speed*time, higher speed can deliver at short time and vice versa. A fixed volume is still fixed volume.
B) nowhere in the cited document stated the fixed volume is configured to confirm filled with fixed volume, see the last complete paragraph of page 9.
This argument is found not persuasive.
Applicants Specification does not disclose what structure is configured to confirm the fixed volume besides the two valves. For example, no detector is disclosed. Furthermore, any person of ordinary skill in the art would have no doubt that a fixed volume the volume is fixed without needed any detector to confirm it.
C) only disclosure in cited document is ‘261 HPLC valve, but the OC never states what HPLC stands for, its use, the structure, see the bridging paragraph between pages 9 and 10.
This argument is found not persuasive because it made many errors in one sentence.
‘238 also teaches defined volume ([0019], last sentence).
‘576 also teaches fixed volume of gas ([0035], 3rd sentence).
US 6123993, cited in conclusion also teaches “providing controlled volumes of liquid at suitable temperatures to a heated vaporization zone” (col. 7, lines 24-26).
Delivering fixed volume, liquid or gas, is notoriously well-known. The examiner will list a couple more in the conclusion below.
Why the use of HPLC valve should be needed for apparatus claim? The OC clearly set forth the important structure that reads into the claim,
“The valve 90 can be an ALD two port valve or alternatively can have a pre-determined liquid storage volume; e.g. HPLC type multi-port valve with capillary storage tubes”, does the examiner needs to provide the well-known commercial available device to be a valid reference?
By the way, HPLC stands for High-performance liquid chromatography. Several manufactures can be found in patent literature or google search. None of these are relevant to the current rejection.
D) The OC has conflated the structure of claim 1 and failed to identify “a first isolation valve; a second isolation valve; and a calibration cylinder disposed along the fluid delivery line between downstream from the first isolation valve and upstream from the second isolation valve”, see the 1st complete paragraph of page 10.
This argument is found not persuasive.
The OC cannot make it more clear with one to one correspondence of each component,
“the valve 90 is the claimed “a first isolation valve disposed along the fluid delivery line”; the checker valve 35 is the claimed “a second isolation valve disposed along the fluid delivery line”; and the pre-determined liquid storage volume is the claimed “and a calibration cylinder disposed along the fluid delivery line downstream from the first isolation valve and upstream from the second isolation valve”.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 20120018037 is cited for a constant quantity feeder 2 (Fig. 1). US 20070042119 is cited for “The amount of liquid in the control volume 16 (more precisely 16+14) may be selected to be a fixed volume” (Fig. 1, [0024]).
US 6123993 is cited for “providing controlled volumes of liquid at suitable temperatures to a heated vaporization zone” (col. 7, lines 24-26).
US 20050066893 is cited for three-way valve 24 (Fig. 1).
US 20110230006 is cited for nitrogen gas flow through metering valve and pneumatic valves to bubbler (Fig. 8A, [0042]). US 20200071820 is cited for crucible inside chamber toward coating drum (Fig. 4B) and aluminum in crucible ([0059], 4th sentence).
THIS ACTION IS MADE FINAL. 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 KEATH T CHEN whose telephone number is (571)270-1870. The examiner can normally be reached 8:30am-5:00 pm.
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/KEATH T CHEN/Primary Examiner, Art Unit 1716