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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 11/24/2025 has been entered.
Claim Interpretation
The claim limitations reciting operation of the apparatus, such as “a gas inlet… configured to introduce fluorine-containing gas during the post-deposition treatment annealing” in claim 1, are interpreted to recite the intended use of the apparatus and thus the claims only require an apparatus capable of performing the recited steps. If the applicant wishes the claims to require the explicit steps claimed then the claims can be amended to include a “controller configured to” perform the recited steps, which appears to be supported by paragraph 0024 of the specification.
In claims 6-7, 16-17, and 27-28, the limitation “select angle” is interpreted to refer to the angle that the ion source is arranged at relative to the samples but does not necessarily require setting an angle by tilting the ion source.
Claim Rejections - 35 USC § 112
Applicant’s amendments to the claims have overcome the previously recited rejections under 35 U.S.C. 112(b) except for those recited below and therefore the other previously recited rejections are withdrawn.
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 10-14 and 16-18 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
In claim 10 line 20, the limitation “a surface of the one or more samples” is indefinite because it is unclear whether this surface is intended to be the same as the “surface” referred to earlier in the claim or if this is meant to be a different surface.
Claims 11-14 and 16-18 are indefinite by virtue of depending on an indefinite claim.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1-4 and 6-9 are rejected under 35 U.S.C. 103 as being unpatentable over Ode (US 20130122252 A1) in view of Nishimoto (US 20120019913 A1), Matsunari (JP H11140617 A), Choe (US 20010015319 A1), Carcia (US 20040115343 A1), and Hugenberg (US 20140327876 A1).
Regarding claim 1, Ode (US 20130122252 A1) teaches an assist RF ion source 220 for generating an ion beam 230 directed toward the substrate assembly 206 (sample stage) to enhance deposition performance on the substrates 226 (samples), wherein the assist ion source can be operated using one or more of an inert gas, fluorine carrier gas like NF3, CF4, or F2 (fluorine containing gases), and/or hydrogen/oxygen (configured to couple to one or more working gas supplies, wherein the one or more working gas supplies are configured to supply one or more fluorine-containing gases), and wherein the assist ion source can be used in combination with the sputtering assembly to produce a metal fluoride optical film, wherein the assist ion source 220 is directed toward the substrate/sample (para 0002, 0023, 0033, 0035; Fig. 2). Ode also teaches a fluorine gas may be supplied to the assist ion source as well as an additional fluorine gas supply source 234 that introduces fluorine gas into the chamber, thus necessitating a gas inlet such as a gas directing tube 241 or opening allowing the gas to be distributed throughout the chamber (para 0023, 0033-0035, 0039; Fig. 2).
Ode fails to explicitly teach a radiative heater positioned proximate to the one or more samples disposed on the sample stage, the radiative heater configured to heat the one or more samples. However, Nishimoto (US 20120019913 A1), in the analogous art of vapor deposition, teaches a deposition apparatus having heaters 110 comprising lamps (radiative) for heating lens samples 2 on a sample support mount, wherein the apparatus is configured to perform ion assisted vapor deposition (para 0102-0104, 0107; Fig. 11). Ode similarly teaches substrates may be optical lenses and ion assisted vapor deposition may be used (para 0021, 0033; Fig. 2). Additionally, Ode teaches that the substrates may be pre-heated by the ion beam (para 0033), thus establishing a need for heating. Furthermore, Nishimoto teaches that the heaters are configured to degas and drive water from samples so that layers deposited reliably adhere to the sample surfaces (para 0107). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to add heaters, as described by Nishimoto, to the Ode apparatus to heat the substrate samples and ensure that the deposited films adhere to the substrates sufficiently.
The combination of Ode and Nishimoto fails to explicitly teach the radiative heater is configured to effect post-deposition treatment annealing of one or more optical coatings in a fluorine-rich environment. However, Matsunari (JP H11140617 A), in the analogous art of forming metal fluoride optical thin films, teaches metal fluoride optical films having a homogenous film structure may be formed by annealing/heat-treating the deposited optical film in an atmosphere containing a fluorinating agent (fluorine-rich environment), such as NF3 or XeF2, wherein the annealing may be performed at a temperature from 100 to 700 °C and wherein the apparatus used for vacuum deposition is used for annealing by heating the substrate, and wherein the annealing improves the homogeneity of the metal fluoride containing film and gives it a more preferable dense film structure (para 0004-0014, 0019-0022, 0030-0032). Ode teaches depositing metal fluoride optical films (para 0016, 0028) and Nishimoto teaches heating the substrate within the vacuum deposition chamber (para 0102-0104, 0107). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to perform annealing/heat treatment in a fluorine rich environment, as described by Matsunari, using the heaters of Nishimoto to at least partially control the temperature of the substrate/film in the chamber (effect post-deposition treatment annealing) to form a film with a homogeneous structure and a more desirable dense film structure.
The combination of Ode, Nishimoto, and Matsunari fails to explicitly teach the ion beam source is a filament-less ion beam source configured to generate low energy ion beams having an energy below 1 keV. However, Choe (US 20010015319 A1), in the analogous art of ion beam assisted deposition, teaches an assist ion gun 3 may be a filamentless ion gun that provides oxygen at an energy of lower than 500 eV (below 1 keV) and provides an RF plasma (para 0027, 0030, 0035, 0041; Fig. 1). Additionally, Carcia (US 20040115343 A1), in the analogous art of ion beam assisted deposition, teaches that an assist ion source/gun having at least one gas that may include oxygen, CF4, and F2 among others, wherein the assist ions are preferably lower energy than 500 eV to prevent undesired etching (para 0011, 0019, 0029-0030). Ode similarly teaches an RF assist ion source 220 that may be operated using oxygen in addition to fluorine containing gas (para 0033; Fig. 2) but is silent to whether the ion source is filament-less and the exact energy of the ion source. Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to substitute the ion source and energy of Ode with a filamentless ion source at an energy of less than 500 eV, as described by Choe and Carcia, because this is a substitution of known elements yielding predictable results. See MPEP 2143(I)(B).
The combination of Ode, Nishimoto, Matsunari, Choe, and Carcia fails to explicitly teach an evaporator assembly comprising an evaporator and an evaporating target, wherein the evaporator is configured to directly evaporate target material from the evaporating target to a surface of the one or more samples.
However, Hugenberg (US 20140327876 A1), in the analogous art of thin film deposition teaches an arrangement 80 having glow electrodes (86, 88) for sputtering material, an evaporator 93, and an ion beam 94 that bombards the substrate body 12 for depositing layers onto a lens blank (para 0088-0089; Fig. 7). Ode teaches that fluorine is used in the formation of optical thin films like anti-reflection coatings, which are typically layers with alternating high and low indices of refraction (para 0002), and teaches a sputtering system for forming a fluorine-based optical film (para 0029, 0035; Fig. 2). Additionally, Hugenberg teaches that the arrangement may be used for applying partial layers for an anti-reflection coating wherein the electron beam evaporator provides the different materials for the other layers in the anti-reflection coating (para 0089). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to add an evaporation source alongside the sputtering source of Ode, as described by Hugenberg, to allow for performing alternating layer depositions to form an anti-reflection layer. The electron beam evaporation source of Hugenberg also inherently contains an evaporator (electron beam) and a target for supplying material to be deposited by striking it with the electron beam.
Alternatively, Nishimoto teaches evaporating sources including crucibles (114, 116) (evaporating target) irradiated by hot electrons from an electron gun (evaporator) to deposit evaporated material on lens samples (para 0103; Fig. 11). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to substitute the electron beam evaporation source of Hugenberg with the electron beam evaporation source of Nishimoto because this is a substitution of known elements yielding predictable results. See MPEP 2143(I)(B).
The combination of Ode, Nishimoto, Matsunari, Choe, Carcia, and Hugenberg fails to explicitly teach the gas inlet coupled to a fluorine gas supply source is configured to introduce fluorine-containing gas during the post-deposition treatment annealing within the deposition system. However, the limitation merely states the intended use of the apparatus. A claim containing a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus if the prior art apparatus teaches all the structural limitations of the claim. See MPEP 2114(II). The aforementioned combination teaches all of the claimed structural limitations, including an inlet connected to a fluorine gas source within the deposition chamber (Ode para 0035, 0039; Fig. 2) where the deposition chamber is also used for annealing (Matsunari para 0030), which is necessarily capable of introducing fluorine-containing gas during the post-deposition treatment annealing within the deposition system.
Alternatively, or in addition, Matsunari teaches that the annealing may be performed in the deposition chamber and that the gas containing the fluorinating agent is introduced through an introduction pipe (inlet) where the gas may be introduced while simultaneously discharging the gas to maintain the gas in the chamber during the heat treatment/annealing process so that fluorine deficiency is reduced and a higher quality film having excellent spectral characteristics and excellent environmental resistance is obtained (para 0030, 0032, 0035-0039). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to continuously introduce fluorine containing gas into the chamber of Ode in view of Matsunari during the annealing process to reduce fluorine deficiency and obtain a higher quality film that is dense and homogeneous and has excellent spectral characteristics and environmental resistance.
Regarding claim 2, the combination of Ode, Nishimoto, Matsunari, Choe, Carcia, and Hugenberg teaches a sputter deposition system 200 (assembly) comprising a sputtering RF ion source 202 and a sputtering target assembly 204 having a target 215, wherein the ion source sputters target material from the target by directing an ion beam 208 toward the surface of the target and the sputtered material 210 being deposited on one or more substrates (samples) (Ode para 0029-0030, 0032; Fig. 2).
Regarding claim 3, the combination of Ode, Nishimoto, Matsunari, Choe, Carcia, and Hugenberg teaches a target assembly 204 (holder) that holds three mounted sputtering targets (214, 215, 216), wherein the holder rotates around a shaft to expose a selected target to the ion beam (configured to adjust a position of at least one of the sputtering target or evaporating target) (Ode para 0032; Fig. 2).
Regarding claim 4, the combination of Ode, Nishimoto, Matsunari, Choe, Carcia, and Hugenberg teaches the optical coatings include metal fluoride thin films (Ode Abstract, para 0016).
Regarding claim 6, the combination of Ode, Nishimoto, Matsunari, Choe, Carcia, and Hugenberg teaches the ion source 220 is located at a select angle with respect to the substrates 226 (Ode Fig. 2).
Regarding claim 7, the combination of Ode, Nishimoto, Matsunari, Choe, Carcia, and Hugenberg teaches the substrate assembly 206 may be tilted about a shaft 219 (Ode para 0029; Fig. 2), thus changing the impingement angle of the ion assist source 220 by varying the angle between the tilted substrate assembly and the ion source (select angle with respect to the one or more samples) (Ode, Fig. 2).
Regarding claim 8, the combination of Ode, Nishimoto, Matsunari, Choe, Carcia, and Hugenberg teaches the ion source 220 may include at least one of helium, neon, argon, xenon, or krypton (Ode para 0033; Fig. 2)
Regarding claim 9, the combination of Ode, Nishimoto, Matsunari, Choe, Carcia, and Hugenberg teaches the evaporator includes an electron gun (electron beam evaporator) (Nishimoto para 0103).
Claim(s) 10, 14, 16-21, 25, and 27-29 are rejected under 35 U.S.C. 103 as being unpatentable over Ode (US 20130122252 A1) in view of Nishimoto (US 20120019913 A1), Matsunari (JP H11140617 A), Choe (US 20010015319 A1), and Carcia (US 20040115343 A1).
Regarding claim 10, Ode (US 20130122252 A1) teaches a sputter deposition system 200 (assembly) comprising a sputtering RF ion source 202 and a sputtering target assembly 204 having a target 215, wherein the ion source sputters target material from the target by directing an ion beam 208 toward the surface of the target and the sputtered material 210 being deposited on one or more substrates (samples) (para 0029-0030, 0032; Fig. 2). Ode also teaches an assist RF ion source 220 for generating an ion beam 230 directed toward the substrate assembly 206 (sample stage) to enhance deposition performance on the substrates 226 (samples), wherein the assist ion source can be operated using one or more of an inert gas, fluorine carrier gas like NF3, CF4, or F2 (fluorine containing gas), and/or hydrogen/oxygen (configured to couple to one or more working gas supplies, wherein the one or more working gas supplies are configured to supply one or more fluorine-containing gases), and wherein the assist ion source can be used in combination with the sputtering assembly to produce a metal fluoride optical film, wherein the assist ion source 220 is directed toward the substrate/sample (para 0002, 0023, 0033, 0035; Fig. 2). Ode also teaches a fluorine gas may be supplied to the assist ion source as well as an additional fluorine gas supply source 234 that introduces fluorine gas into the chamber, thus necessitating a gas inlet such as a gas directing tube 241 or opening allowing the gas to be distributed throughout the chamber (para 0023, 0033-0035, 0039; Fig. 2).
Ode fails to explicitly teach a radiative heater positioned proximate to the one or more samples disposed on the sample stage, the radiative heater configured to heat the one or more samples. However, Nishimoto (US 20120019913 A1), in the analogous art of vapor deposition, teaches a deposition apparatus having heaters 110 comprising lamps (radiative) for heating lens samples 2 on a sample support mount, wherein the apparatus is configured to perform ion assisted vapor deposition (para 0102-0104, 0107; Fig. 11). Ode similarly teaches substrates may be optical lenses and ion assisted vapor deposition (para 0021, 0033; Fig. 2). Additionally, Ode teaches that the ion beam may be pre-heated by the ion beam (para 0033), thus establishing a need for heating. Furthermore, Nishimoto teaches that the heaters are configured to degas and drive water from samples so that layers deposited reliably adhere to the sample surfaces (para 0107). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to add heaters, as described by Nishimoto, to the Ode apparatus to heat the substrate samples and ensure that the deposited films adhere to the substrates sufficiently.
The combination of Ode and Nishimoto fails to explicitly teach the radiative heater is configured to effect post-deposition treatment annealing of one or more optical coatings in a fluorine-rich environment. However, Matsunari (JP H11140617 A), in the analogous art of forming metal fluoride optical thin films, teaches metal fluoride optical films having a homogenous film structure may be formed by annealing/heat-treating the deposited optical film in an atmosphere containing a fluorinating agent (fluorine-rich environment), such as NF3 or XeF2, wherein the annealing may be performed at a temperature from 100 to 700 °C and wherein the apparatus used for vacuum deposition is used for annealing by heating the substrate, and wherein the annealing improves the homogeneity of the metal fluoride containing film and gives it a more preferable dense film structure (para 0004-0014, 0019-0022, 0030-0032). Ode teaches depositing metal fluoride optical films (para 0016, 0028) and Nishimoto teaches heating the substrate within the vacuum deposition chamber (para 0102-0104, 0107). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to perform annealing/heat treatment in a fluorine rich environment, as described by Matsunari, using the heaters of Nishimoto to at least partially control the temperature of the substrate/film in the chamber (effect post-deposition treatment annealing) to form a film with a homogeneous structure and a more desirable dense film structure.
The combination of Ode, Nishimoto, and Matsunari fails to explicitly teach the ion beam source is a filament-less ion beam source configured to generate low energy ion beams having an energy below 1 keV. However, Choe (US 20010015319 A1), in the analogous art of ion beam assisted deposition, teaches an assist ion gun 3 may be a filamentless ion gun that provides oxygen at an energy of lower than 500 eV (below 1 keV) and provides an RF plasma (para 0027, 0030, 0035, 0041; Fig. 1). Additionally, Carcia (US 20040115343 A1), in the analogous art of ion beam assisted deposition, teaches that an assist ion source/gun having at least one gas that may include oxygen, CF4, and F2 among others, wherein the assist ions are preferably lower energy less than 500 eV to prevent undesired etching (para 0011, 0019, 0029-0030). Ode similarly teaches an RF assist ion source 220 that may be operated using oxygen in addition to fluorine containing gas (para 0033; Fig. 2) but is silent to whether the ion source is filament-less and the exact energy of the ion source. Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to substitute the ion source and energy of Ode with a filamentless ion source at an energy of less than 500 eV, as described by Choe and Carcia, because this is a substitution of known elements yielding predictable results. See MPEP 2143(I)(B).
The combination of Ode, Nishimoto, Matsunari, Choe, and Carcia fails to explicitly teach the gas inlet coupled to a fluorine gas supply source is configured to introduce fluorine-containing gas during the post-deposition treatment annealing within the deposition system. However, the limitation merely states the intended use of the apparatus. A claim containing a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus if the prior art apparatus teaches all the structural limitations of the claim. See MPEP 2114(II). The aforementioned combination teaches all of the claimed structural limitations, including an inlet connected to a fluorine gas source within the deposition chamber (Ode para 0035, 0039; Fig. 2) where the deposition chamber is also used for annealing (Matsunari para 0030), which is necessarily capable of introducing fluorine-containing gas during the post-deposition treatment annealing within the deposition system.
Alternatively, or in addition, Matsunari teaches that the annealing may be performed in the deposition chamber and that the gas containing the fluorinating agent is introduced through an introduction pipe (inlet) where the gas may be introduced while simultaneously discharging the gas to maintain the gas in the chamber during the heat treatment/annealing process so that fluorine deficiency is reduced and a higher quality film having excellent spectral characteristics and excellent environmental resistance is obtained (para 0030, 0032, 0035-0039). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to continuously introduce fluorine containing gas into the chamber of Ode in view of Matsunari during the annealing process to reduce fluorine deficiency and obtain a higher quality film that is dense and homogeneous and has excellent spectral characteristics and environmental resistance.
Regarding claim 14, the combination of Ode, Nishimoto, Matsunari, Choe, and Carcia teaches the optical coatings include metal fluoride thin films (Ode Abstract, para 0016).
Regarding claim 16, the combination of Ode, Nishimoto, Matsunari, Choe, and Carcia teaches the ion source 220 is located at a select angle with respect to the substrates 226 (Ode Fig. 2).
Regarding claim 17, the combination of Ode, Nishimoto, Matsunari, Choe, and Carcia teaches the substrate assembly 206 may be tilted about a shaft 219 (Ode para 0029; Fig. 2), thus changing the impingement angle of the ion assist source 220 by varying the angle between the tilted substrate assembly and the ion source (select angle with respect to the one or more samples) (Ode, Fig. 2).
Regarding claim 18, the combination of Ode, Nishimoto, Matsunari, Choe, and Carcia teaches the ion source 220 may include at least one of helium, neon, argon, xenon, or krypton (Ode para 0033; Fig. 2).
Regarding claim 19, Ode (US 20130122252 A1) teaches an assist RF ion source 220 for generating an ion beam 230 directed toward the substrate assembly 206 (sample stage) to enhance deposition performance on the substrates 226 (samples), wherein the assist ion source can be operated using one or more of an inert gas, fluorine carrier gas like NF3, CF4, or F2 (fluorine containing gas), and/or hydrogen/oxygen (configured to couple to one or more working gas supplies, wherein the one or more working gas supplies supply one or more fluorine-containing gases), and wherein the assist ion source can be used in combination with the sputtering assembly to produce a metal fluoride optical film, wherein the assist ion source 220 is directed toward the substrate/sample (para 0002, 0023, 0033, 0035; Fig. 2). Ode also teaches a fluorine gas may be supplied to the assist ion source as well as an additional fluorine gas supply source 234 that introduces fluorine gas into the chamber, thus necessitating a gas inlet such as a gas directing tube 241 or opening allowing the gas to be distributed throughout the chamber (para 0023, 0033-0035, 0039; Fig. 2).
Ode fails to explicitly teach a radiative heater positioned proximate to the one or more samples disposed on the sample stage, the radiative heater configured to heat the one or more samples. However, Nishimoto (US 20120019913 A1), in the analogous art of vapor deposition, teaches a deposition apparatus having heaters 110 comprising lamps (radiative) for heating lens samples 2 on a sample support mount, wherein the apparatus is configured to perform ion assisted vapor deposition (para 0102-0104, 0107; Fig. 11). Ode similarly teaches substrates may be optical lenses and ion assisted vapor deposition (para 0021, 0033; Fig. 2). Additionally, Ode teaches that the ion beam may be pre-heated by the ion beam (para 0033), thus establishing a need for heating. Furthermore, Nishimoto teaches that the heaters are configured to degas and drive water from samples so that layers deposited reliably adhere to the sample surfaces (para 0107). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to add heaters, as described by Nishimoto, to the Ode apparatus to heat the substrate samples and ensure that the deposited films adhere to the substrates sufficiently.
The combination of Ode and Nishimoto fails to explicitly teach the radiative heater is configured to effect post-deposition treatment annealing of one or more optical coatings in a fluorine-rich environment. However, Matsunari (JP H11140617 A), in the analogous art of forming metal fluoride optical thin films, teaches metal fluoride optical films having a homogenous film structure may be formed by annealing/heat-treating the deposited optical film in an atmosphere containing a fluorinating agent (fluorine-rich environment), such as NF3 or XeF2, wherein the annealing may be performed at a temperature from 100 to 700 °C and wherein the apparatus used for vacuum deposition is used for annealing by heating the substrate, and wherein the annealing improves the homogeneity of the metal fluoride containing film and gives it a more preferable dense film structure (para 0004-0014, 0019-0022, 0030-0032). Ode teaches depositing metal fluoride optical films (para 0016, 0028) and Nishimoto teaches heating the substrate within the vacuum deposition chamber (para 0102-0104, 0107). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to perform annealing/heat treatment in a fluorine rich environment, as described by Matsunari, using the heaters of Nishimoto to at least partially control the temperature of the substrate/film in the chamber (effect post-deposition treatment annealing) to form a film with a homogeneous structure and a more desirable dense film structure.
The combination of Ode, Nishimoto, and Matsunari fails to explicitly teach the ion beam source is a filament-less ion beam source configured to generate low energy ion beams having an energy below 1 keV. However, Choe (US 20010015319 A1), in the analogous art of ion beam assisted deposition, teaches an assist ion gun 3 may be a filamentless ion gun that provides oxygen at an energy of lower than 500 eV (below 1 keV) and provides an RF plasma (para 0027, 0030, 0035, 0041; Fig. 1). Additionally, Carcia (US 20040115343 A1), in the analogous art of ion beam assisted deposition, teaches that an assist ion source/gun having at least one gas that may include oxygen, CF4, and F2 among others, wherein the assist ions are preferably lower energy less than 500 eV to prevent undesired etching (para 0011, 0019, 0029-0030). Ode similarly teaches an RF assist ion source 220 that may be operated using oxygen in addition to fluorine containing gas (para 0033; Fig. 2) but is silent to whether the ion source is filament-less and the exact energy of the ion source. Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to substitute the ion source and energy of Ode with a filamentless ion source at an energy of less than 500 eV, as described by Choe and Carcia, because this is a substitution of known elements yielding predictable results. See MPEP 2143(I)(B).
The combination of Ode, Nishimoto, Matsunari, Choe, and Carcia fails to explicitly teach the gas inlet coupled to a fluorine gas supply source is configured to introduce fluorine-containing gas during the post-deposition treatment annealing within the deposition system. However, the limitation merely states the intended use of the apparatus. A claim containing a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus if the prior art apparatus teaches all the structural limitations of the claim. See MPEP 2114(II). The aforementioned combination teaches all of the claimed structural limitations, including an inlet connected to a fluorine gas source within the deposition chamber (Ode para 0035, 0039; Fig. 2) where the deposition chamber is also used for annealing (Matsunari para 0030), which is necessarily capable of introducing fluorine-containing gas during the post-deposition treatment annealing within the deposition system.
Alternatively, or in addition, Matsunari teaches that the annealing may be performed in the deposition chamber and that the gas containing the fluorinating agent is introduced through an introduction pipe (inlet) where the gas may be introduced while simultaneously discharging the gas to maintain the gas in the chamber during the heat treatment/annealing process so that fluorine deficiency is reduced and a higher quality film having excellent spectral characteristics and excellent environmental resistance is obtained (para 0030, 0032, 0035-0039). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to continuously introduce fluorine containing gas into the chamber of Ode in view of Matsunari during the annealing process to reduce fluorine deficiency and obtain a higher quality film that is dense and homogeneous and has excellent spectral characteristics and environmental resistance.
Regarding claim 20, the previous combination of Ode, Nishimoto, Matsunari, Choe, and Carcia fails to explicitly teach an evaporator assembly comprising an evaporator and an evaporating target, the evaporator configured to directly evaporate target material from the evaporating target to a surface of the one or more samples. However, Nishimoto teaches depositing an optical film on lenses using an evaporator system comprising crucibles (114, 116) (evaporating targets) irradiated by an electron gun or a filament 112 (evaporator), wherein the deposition by the evaporation system is also assisted by an ion gun that directs gas toward the substrates (para 0103-0104; Fig. 11). Additionally, Nishimoto and Ode both teach sputtering and evaporation are alternative satisfactory methods of deposition (Nishimoto para 0012; Ode para 0002). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to substitute the ion assisted sputtering assembly of Ode (Fig. 2 – 202, 204) with an evaporation system, as described by Nishimoto, because this is a substitution of known elements yielding predictable results. See MPEP 2143(I)(B).
Regarding claim 21, the combination of Ode, Nishimoto, Matsunari, Choe, and Carcia teaches a sputter deposition system 200 (assembly) comprising a sputtering RF ion source 202 and a sputtering target assembly 204 having a target 215, wherein the ion source sputters target material from the target by directing an ion beam 208 toward the surface of the target and the sputtered material 210 being deposited on one or more substrates (samples) (Ode para 0029-0030, 0032; Fig. 2).
Regarding claim 25, the combination of Ode, Nishimoto, Matsunari, Choe, and Carcia teaches the optical coatings include metal fluoride thin films (Ode Abstract, para 0016).
Regarding claim 27, the combination of Ode, Nishimoto, Matsunari, Choe, and Carcia teaches the ion source 220 is located at a select angle with respect to the substrates 226 (Ode Fig. 2).
Regarding claim 28, the combination of Ode, Nishimoto, Matsunari, Choe, and Carcia teaches the substrate assembly 206 may be tilted about a shaft 219 (Ode para 0029; Fig. 2), thus changing the impingement angle of the ion assist source 220 by varying the angle between the tilted substrate assembly and the ion source (select angle with respect to the one or more samples) (Ode, Fig. 2).
Regarding claim 29, the combination of Ode, Nishimoto, Matsunari, Choe, and Carcia teaches the ion source 220 may include at least one of helium, neon, argon, xenon, or krypton (Ode para 0033; Fig. 2).
Claim(s) 11-13, 20, and 22-24 are rejected under 35 U.S.C. 103 as being unpatentable over Ode (US 20130122252 A1) in view of Nishimoto (US 20120019913 A1), Matsunari (JP H11140617 A), Choe (US 20010015319 A1), and Carcia (US 20040115343 A1), as applied to claims 10 and 19 above, and further in view of Hugenberg (US 20140327876 A1).
Regarding claim 11, the combination of Ode, Nishimoto, Matsunari, Choe, and Carcia fails to explicitly teach an evaporator assembly, the evaporator assembly comprising an evaporator and an evaporating target, the evaporator configured to directly evaporate target material from the evaporating target to a surface of the one or more samples.
However, Hugenberg (US 20140327876 A1), in the analogous art of thin film deposition teaches an arrangement 80 having glow electrodes (86, 88) for sputtering material, an evaporator 93, and an ion beam 94 that bombards the substrate body 12 for depositing layers onto a lens blank (para 0088-0089; Fig. 7). Ode teaches that fluorine is used in the formation of optical thin films like anti-reflection coatings, which are typically layers with alternating high and low indices of refraction (para 0002). Additionally, Hugenberg teaches that the arrangement may be used for applying partial layers for an anti-reflection coating wherein the electron beam evaporator provides the different materials for the other layers in the anti-reflection coating (para 0089). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to add an evaporation source alongside the sputtering source of Ode, as described by Hugenberg, to allow for performing alternating layer depositions to form an anti-reflection layer. The electron beam evaporation source of Hugenberg also inherently contains an evaporator (electron beam) and a target for supplying material to be deposited by striking it with the electron beam.
Alternatively, Nishimoto teaches evaporating sources including crucibles (114, 116) (evaporating target) irradiated by hot electrons from an electron gun (evaporator) to deposit evaporated material on lens samples (para 0103; Fig. 11). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to substitute the electron beam evaporation source of Hugenberg with the electron beam evaporation source of Nishimoto because this is a substitution of known elements yielding predictable results. See MPEP 2143(I)(B).
Regarding claim 12, the combination of Ode, Nishimoto, Matsunari, Choe, Carcia, and Hugenberg teaches a target assembly 204 (holder) that holds three mounted sputtering targets (214, 215, 216), wherein the holder rotates around a shaft to expose a selected target to the ion beam (configured to adjust a position of the sputtering target) (Ode para 0032; Fig. 2).
Regarding claim 13, the combination of Ode, Nishimoto, Matsunari, Choe, Carcia, and Hugenberg teaches the evaporator includes an electron gun (electron beam evaporator) (Nishimoto para 0103).
Regarding claim 20, the combination of Ode, Nishimoto, Matsunari, Choe, and Carcia fails to explicitly teach an evaporator assembly comprising an evaporator and an evaporating target, wherein the evaporator is configured to directly evaporate target material from the evaporating target to a surface of the one or more samples.
However, Hugenberg (US 20140327876 A1), in the analogous art of thin film deposition teaches an arrangement 80 having glow electrodes (86, 88) for sputtering material, an evaporator 93, and an ion beam 94 that bombards the substrate body 12 for depositing layers onto a lens blank (para 0088-0089; Fig. 7). Ode teaches that fluorine is used in the formation of optical thin films like anti-reflection coatings, which are typically layers with alternating high and low indices of refraction (para 0002), and teaches a sputtering system for forming a fluorine-based optical film (para 0029, 0035; Fig. 2). Additionally, Hugenberg teaches that the arrangement may be used for applying partial layers for an anti-reflection coating wherein the electron beam evaporator provides the different materials for the other layers in the anti-reflection coating (para 0089). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to add an evaporation source alongside the sputtering source of Ode, as described by Hugenberg, to allow for performing alternating layer depositions to form an anti-reflection layer. The electron beam evaporation source of Hugenberg also inherently contains an evaporator (electron beam) and a target for supplying material to be deposited by striking it with the electron beam.
Alternatively, Nishimoto teaches evaporating sources including crucibles (114, 116) (evaporating target) irradiated by hot electrons from an electron gun (evaporator) to deposit evaporated material on lens samples (para 0103; Fig. 11). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to substitute the electron beam evaporation source of Hugenberg with the electron beam evaporation source of Nishimoto because this is a substitution of known elements yielding predictable results. See MPEP 2143(I)(B).
Regarding claim 22, the combination of Ode, Nishimoto, Matsunari, Choe, and Carcia teaches a sputter deposition system 200 (assembly) comprising a sputtering RF ion source 202 and a sputtering target assembly 204 having a target 215, wherein the ion source sputters target material from the target by directing an ion beam 208 toward the surface of the target and the sputtered material 210 being deposited on one or more substrates (samples) (Ode para 0029-0030, 0032; Fig. 2). The aforementioned combination fails to explicitly teach an evaporator assembly comprising an evaporator and an evaporating target, wherein the evaporator is configured to directly evaporate target material from the evaporating target to a surface of the one or more samples.
However, Hugenberg (US 20140327876 A1), in the analogous art of thin film deposition teaches an arrangement 80 having glow electrodes (86, 88) for sputtering material, an evaporator 93, and an ion beam 94 that bombards the substrate body 12 for depositing layers onto a lens blank (para 0088-0089; Fig. 7). Ode teaches that fluorine is used in the formation of optical thin films like anti-reflection coatings, which are typically layers with alternating high and low indices of refraction (para 0002). Additionally, Hugenberg teaches that the arrangement may be used for applying partial layers for an anti-reflection coating wherein the electron beam evaporator provides the different materials for the other layers in the anti-reflection coating (para 0089). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to add an evaporation source alongside the sputtering source of Ode, as described by Hugenberg, to allow for performing alternating layer depositions to form an anti-reflection layer. The electron beam evaporation source of Hugenberg also inherently contains an evaporator (electron beam) and a target for supplying material to be deposited by striking it with the electron beam.
Alternatively, Nishimoto teaches evaporating sources including crucibles (114, 116) (evaporating target) irradiated by hot electrons from an electron gun (evaporator) to deposit evaporated material on lens samples (para 0103; Fig. 11). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to substitute the electron beam evaporation source of Hugenberg with the electron beam evaporation source of Nishimoto because this is a substitution of known elements yielding predictable results. See MPEP 2143(I)(B).
Regarding claim 23, the combination of Ode, Nishimoto, Matsunari, Choe, Carcia, and Hugenberg teaches a target assembly 204 (holder) that holds three mounted sputtering targets (214, 215, 216), wherein the holder rotates around a shaft to expose a selected target to the ion beam (configured to adjust a position of the sputtering target) (Ode para 0032; Fig. 2).
Regarding claim 24, the combination of Ode Nishimoto, Matsunari, Choe, Carcia, and Hugenberg teaches the evaporator includes an electron gun (electron beam evaporator) (Nishimoto para 0103).
Response to Arguments
Applicant’s arguments, see pg. 12-14, filed 11/24/2025, with respect to the rejection(s) of claim(s) 1, 10, and 19 under 35 U.S.C. 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of a new interpretation of Ode (US 20130122252 A1) in view of Matsunari (JP H11140617 A).
Ode teaches a fluorine containing gas source connected to an inlet in the deposition chamber and Matsunari teaches that annealing may be performed in the deposition chamber and that annealing may be performed in the presence of fluorinating agent (fluorine containing gas) and therefore the fluorine containing gas source would inherently be capable of performing the claimed limitation of introducing fluorine containing gas during the post-deposition annealing within the deposition system.
Alternatively, or in addition, Matsunari teaches that the fluorinating agent may be introduced into the apparatus for the heat treatment/annealing by simultaneously introducing and discharging the gases (Matsunari para 0035-0036), which indicates that the fluorine containing gas would be introduced during the annealing.
Conclusion
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/PATRICK S OTT/Examiner, Art Unit 1794