US DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 3/3/2026 has been entered.
Response to Amendment
Applicant's arguments filed 3/3/2026 have been fully considered and entered. The examiner notes the amendment to claim 7 and the addition of new claims 18-23. Claims 7 and 13-14 and 18-23 remain pending with claims 14 withdrawn due to a restriction requirement.
Response to Arguments
Applicant's arguments filed 3/3/2026 have been fully considered but they are not persuasive as they are directed to newly added claim requirements that are specifically addressed below.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 7 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over JP04214870A, hereinafter JP 870 taken collectively with JP 2003271218A, hereinafter JP 218 and taken with US Patent Application Publication 20180251894, hereinafter USPP 894 and further with US Patent 8036780 by Gotoh, hereinafter US 780 or US Patent Application 20100000608 by Goto et al., hereinafter USPP 608.
Claim 7: JP 870 discloses a gas supply device that supplies a processing gas to a processing container storing a substrate and performs a process, the gas supply device comprising: a raw material container configured to accommodate a liquid raw material or a solid raw material and vaporize the raw material gas to generate a raw material gas (41, see TEOS, Figure 4, and accompanying text); a carrier gas supply configured to supply a carrier gas into the raw material container via a carrier gas path connected to the raw material container (44, see supply of N2, Figure 4, and accompanying text); a gas supply path configured to supply the processing gas, which includes the raw material that has been vaporized and the carrier gas, from the raw material container to the processing container (see Figure 4, and accompanying text,); a flow meter downstream provided in the gas supply path and configured to measure a flow rate of the processing gas (Figure 4, and accompanying text, see e.g. 46, 47); and a constricted flow path provided on a downstream side of the flow meter in the gas supply path (48 at Figure 4, and accompanying text), and configured to increase an average pressure value between the constricted flow path and the flow meter in the gas supply path (0023, stating the orifice increases the pressure on the upstream side relative to the reaction chamber). At the very least, the prior art discloses the structure and the “configured to” language as embodied by each of the claimed elements is determined to be intended use of the apparatus/element and the examiner maintains that the prior art is capable of functioning the in the manner as claimed.
JP 870 discloses a valve provided on a downstream side of the constricted flow path in the gas supply path and configured to perform supply and cut-off of the processing gas with respect to the processing container (see 49, Figure 4, and accompanying text).
JP 870 discloses supplying a gas to a chamber for vapor phase deposition; however, fails to disclose the inclusion of the buffer chamber on the downstream side of the constricted flow path. However, JP 2003271218, similarly discloses supplying a vapor precursors for vapor phase deposition discloses including a gas flow path with a constriction (orifice 712) and supplying the gas to a buffer tank to temporarily store the gas prior to supply to the chamber (see Figure 6 and accompanying text). JP 218 discloses including the buffer and storing at least the amount of gas necessary for the substrate deposition process so as to provide control of the amount of gas supplied to the chamber via the use of the valve on the downstream side; the valve configured to perform supply and cut-off of the gas from the buffer tank to the chamber (page 2-5 of translation, Figure 6). Therefore, taking the references collectively and all that is known to one of ordinary skill in the art at the time invention, it would have been obvious to have modified JP 870 to include a buffer tank as suggested by JP 218 to reap the benefits of the temporary storage and control of supply as taught by JP 218.
The combination of JP 870 with JP 218 discloses the gas flow path includes a flow meter, constricted flow path, buffer chamber and valve such that the orifice is downstream of the flow meter, the buffer tank is downstream of the orifice and the valve is downstream of the buffer tank.
JP 870 discloses supplying a vaporized precursor via a flow meter; however, fails to disclose the dilution gas as claimed and a controller for controlling the ratio of the flow rate of the dilution to carrier gas based on the flow meter result without changing the total flow rate of the two gases such that the flow rate of the raw material becomes a target value.
However, USPP 894, also in the art of gas supply from a vaporizer by using a carrier gas (similar to JP 870) and such discloses providing a dilution gas supply part via a path connected to the gas supply path and a flow meter downstream of the connection point (Figure 1 and accompanying text). USPP 894 discloses including a control part that, based on the detection value of the flowmeter, adjust the ratio of the flow rate of the carrier gas and dilution gas so as to achieve a target value such that the total flow rate of the carrier gas and dilution gas is held constant (0065). USPP 894 discloses that such a system allows for the high accuracy of gas supply to the target flow rate.
Therefore taking the references collectively, it would have been obvious to include a dilution gas supply and controller programmed as claimed, as such is specifically taught by USPP 894 and one would desire to include such to provide the benefits as specifically taught by USPP 894, that is control over the concentration of the vaporized precursor to a constant or target concentration.
As noted above, JP 870 discloses flow meter downstream provided in the gas supply path and configured to measure a flow rate of the processing gas (Figure 4, and accompanying text, see e.g. 46, 47); however, fails to the flow meter is a thermal flow meter as claimed. However, USPP 608, discloses flow meter for CVD processes (0002) and discloses a flow meter as a thermal flow meter that includes a main flow path with a resistance body therein (12) and a bypass flow path that bypasses the resistance body (14) and a heating element provided therein (R1 and R4), see Figure 1 and accompanying text. As for the conductance relationship, the conductance of the flow meter, as result of the resistance body, will necessarily be smaller than the conductance of the gas supply path (see Figure 1 and accompanying text, see also valve in flow meter to adjust the conductance)
Alternatively, US 670, discloses flow meter for CVD processes (column 1, lines 8-20) and discloses a flow meter as a thermal flow meter that includes a main flow path with a resistance body therein (10) and a bypass flow path that bypasses the resistance body (11a) and a heating element provided therein (R1 and R4), see Figure 1 and accompanying text. As for the conductance relationship, the conductance of the flow meter, as result of the resistance body, will necessarily be smaller than the conductance of the gas supply path (see Figure 1 and accompanying text, see also valve in flow meter to adjust the conductance)
Therefore, as JP 870 discloses a flow meter for CVD processing and both of USPP 608 and US 670 each individually disclose known and suitable flow meters for CVD processing, it would have been obvious to have modified the cited prior art to use the well-known flow meter as taught and described by USPP 608 or US 670 and both discloses such is useable in CVD processing and thus one would predict successful results. Additionally, all the claimed elements were known in the prior art and one skilled in the art could have combined the elements as claimed by known methods with no change in their respective functions, and the combination would have yielded predictable results to one of ordinary skill in the art at the time of the invention. See KSR Int'l Inc. v. Teleflex Inc., 127 S Ct. 1727, 1741, 82 USPQ2d.
As for the conductance of the constriction being smaller than the conductance of the flow meter, each of USPP 608 or US 670 discloses a flow meter in communication with the outlet port with a valve that has an opening size (i.e. conductance) that can be continuously adjusted to control the vapor flow from the vaporization unit (see citations above). Therefore, taking the references collectively it would have been obvious to include the flow meter with a variable conductance valve (as suggested by USPP 608 or US 670), to provide a measurement and control over the flow of the vapors flowing from the vaporizer. As the flow meter has a valve that has a continually variable conductance, the prior art meets the claimed structure as it is capable of having a conductance smaller than the supply pipe but larger than the constricted flow path.
Claim 13: JP 870 discloses a film forming gas for performing film formation on the substrate (Figure 4, and accompanying text, TEOS, 0002 related to chemical vapor deposition).
Claim(s) 18-20, 22-23 are rejected under 35 U.S.C. 103 as being unpatentable over JP04214870A, hereinafter JP 870 taken collectively with JP 2003271218A, hereinafter JP 218 and taken with US Patent Application Publication 20180251894, hereinafter USPP 894.
Claim 18: JP 870 discloses a gas supply device that supplies a processing gas to a processing container storing a substrate and performs a process, the gas supply device comprising: a raw material container configured to accommodate a liquid raw material or a solid raw material and vaporize the raw material gas to generate a raw material gas and connected to an upstream end of a gas supply path via a processing gas path (41, see TEOS, Figure 4, and accompanying text); a carrier gas supply configured to supply a carrier gas into the raw material container via a carrier gas path connected to the raw material container (44, see supply of N2, Figure 4, and accompanying text); a gas supply path configured to supply the processing gas, which includes the raw material that has been vaporized and the carrier gas, from the raw material container to the processing container (see Figure 4, and accompanying text,); a flow meter downstream provided in the gas supply path and configured to measure a flow rate of the processing gas (Figure 4, and accompanying text, see e.g. 46, 47); and a constricted flow path provided on a downstream side of the flow meter in the gas supply path (48 at Figure 4, and accompanying text), and configured to increase an average pressure value between the constricted flow path and the flow meter in the gas supply path (0023, stating the orifice increases the pressure on the upstream side relative to the reaction chamber). At the very least, the prior art discloses the structure and the “configured to” language as embodied by each of the claimed elements is determined to be intended use of the apparatus/element and the examiner maintains that the prior art is capable of functioning the in the manner as claimed.
JP 870 discloses a valve provided on a downstream side of the constricted flow path in the gas supply path and configured to perform supply and cut-off of the processing gas with respect to the processing container (see 49, Figure 4, and accompanying text).
JP 870 discloses supplying a gas to a chamber for vapor phase deposition; however, fails to disclose the inclusion of the buffer chamber on the downstream side of the constricted flow path. However, JP 2003271218, similarly discloses supplying a vapor precursors for vapor phase deposition discloses including a gas flow path with a constriction (orifice 712) and supplying the gas to a buffer tank to temporarily store the gas prior to supply to the chamber (see Figure 6 and accompanying text). JP 218 discloses including the buffer and storing at least the amount of gas necessary for the substrate deposition process so as to provide control of the amount of gas supplied to the chamber via the use of the valve on the downstream side; the valve configured to perform supply and cut-off of the gas from the buffer tank to the chamber (page 2-5 of translation, Figure 6). Therefore, taking the references collectively and all that is known to one of ordinary skill in the art at the time invention, it would have been obvious to have modified JP 870 to include a buffer tank as suggested by JP 218 to reap the benefits of the temporary storage and control of supply as taught by JP 218.
The combination of JP 870 with JP 218 discloses the gas flow path includes a flow meter, constricted flow path, buffer chamber and valve such that the orifice is downstream of the flow meter, the buffer tank is downstream of the orifice and the valve is downstream of the buffer tank.
JP 870 discloses supplying a vaporized precursor via a flow meter; however, fails to disclose the dilution gas as claimed and a controller for controlling the ratio of the flow rate of the dilution to carrier gas based on the flow meter result without changing the total flow rate of the two gases such that the flow rate of the raw material becomes a target value.
However, USPP 894, also in the art of gas supply from a vaporizer by using a carrier gas (similar to JP 870) and such discloses proving a bypass path bypassing the raw material container and providing a dilution gas supply part via a path connected to the gas supply path via dilution gas path and a flow meter downstream of the connection point (Figure 1 and accompanying text).
USPP 894 discloses a controller programmed (0041) to perform a process of setting a flow rate of the raw material gas to a target value before the ALD process (0065), by executing:
supplying the carrier gas, which is supplied from the carrier gas supply to the
gas supply path via the bypass path, and the dilution gas to the processing container via
the gas supply path during a first period, while repeatedly opening and closing the valve (0061, USPP 894 discloses opening and closing the valve at 0067 by disclosing the repeating);
calculating a first average value of the flow rate measured by the flow meter
during the first period (0062);
supplying the processing gas, which is supplied from the raw material container
to the gas supply path via the processing gas path and includes the raw material gas
generated in the raw material container and the carrier gas supplied from the carrier gas
supply to the raw material container via the carrier gas path, and the dilution gas to the
processing container via the gas supply path during a second period, while repeatedly
opening and closing the valve (0064, USPP 894 discloses opening and closing the valve at 0067 by disclosing the repeating);
calculating a second average value of the flow rate measured by the flow meter
during the second period (0065); and
changing, based on a difference between the first average value and the second
average value, a ratio of a flow rate of the dilution gas to a flow rate of the carrier gas
without changing a total flow rate of the carrier gas and the dilution gas, so that the flow
rate of the raw material gas becomes the target value (0065).
USPP 894 discloses including a control part that, based on the detection value of the flowmeter, adjust the ratio of the flow rate of the carrier gas and dilution gas so as to achieve a target value such that the total flow rate of the carrier gas and dilution gas is held constant (0065). USPP 894 discloses that such a system allows for the high accuracy of gas supply to the target flow rate.
Therefore taking the references collectively, it would have been obvious to include a dilution gas supply and controller programmed as claimed, as such is specifically taught by USPP 894 and one would desire to include such to provide the benefits as specifically taught by USPP 894, that is control over the concentration of the vaporized precursor to a constant or target concentration.
Claim 19: USPP 894 discloses the repeating, as such is inherent in the process for treating multiple substrate or batches (see 0060 related to performing before loading step)
Claim 20: USPP 894 discloses the adjustment of the flow rates to be the same as instantly claimed
Claim 22: JP 870 discloses an orifice (Figure 4, and accompanying text), an orifice will result in a flow path that has a portion with a reduced diameter that is reduced towards a downstream side (i.e. the immediate portion of the upstream pipe in combination with orifice will results in a flow path that has a diameter reduced towards the downstream side, i.e. towards the buffer chamber).
Claim 23: The combination of JP 870 with JP 218 discloses the gas flow path includes a flow meter, constricted flow path, buffer chamber and valve such that the orifice is downstream of the flow meter, the buffer tank is downstream of the orifice and the valve is downstream of the buffer tank.
Claim(s) 21 is rejected under 35 U.S.C. 103 as being unpatentable over JP 870 taken collectively with JP 218 and USPP 894 as applied to claim 18 above and taken with US Patent Application Publication 20050019026 by Wang et al., hereinafter Wang.
Claim 21: JP 870, JP 218 and USPP 894 discloses supplying a vaporized precursor via a flow meter; however, fails to require a conductance of the flow meter is smaller than the conductance of the flow path and the conductance of the constricted flow path is small than the flow meter. However, Wang, also in the art of vaporized precursor to a chamber (see e.g. abstract) discloses a flow meter in communication with the outlet port of the vaporization vessel with a needle valve that has an opening size (i.e. conductance) that can be continuously adjusted to control the vapor flow from the vaporization unit (0025, 0063). Therefore, taking the references collectively it would have been obvious to include the flow meter with a variable conductance needle valve (as suggested by Wang), to provide a measurement and control over the flow of the vapors flowing from the vaporizer. As the flow meter has a needle valve that has a continually variable conductance, the prior art meets the claimed structure as it is capable of having a conductance smaller than the supply pipe but larger than the constricted flow path.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID P TUROCY whose telephone number is (571)272-2940. The examiner can normally be reached Mon, Tues, Thurs, and Friday, 7:00 a.m. to 5:30 p.m.
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/DAVID P TUROCY/Primary Examiner, Art Unit 1718
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