Prosecution Insights
Last updated: April 19, 2026
Application No. 17/807,506

FILM FORMING APPARATUS

Final Rejection §103
Filed
Jun 17, 2022
Examiner
CHEN, KEATH T
Art Unit
1716
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Tokyo Electron Limited
OA Round
5 (Final)
30%
Grant Probability
At Risk
6-7
OA Rounds
3y 10m
To Grant
55%
With Interview

Examiner Intelligence

Grants only 30% of cases
30%
Career Allow Rate
345 granted / 1139 resolved
-34.7% vs TC avg
Strong +24% interview lift
Without
With
+24.5%
Interview Lift
resolved cases with interview
Typical timeline
3y 10m
Avg Prosecution
70 currently pending
Career history
1209
Total Applications
across all art units

Statute-Specific Performance

§101
0.1%
-39.9% vs TC avg
§103
56.3%
+16.3% vs TC avg
§102
16.5%
-23.5% vs TC avg
§112
25.1%
-14.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1139 resolved cases

Office Action

§103
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 of the claim filed 02/13/2026, in response to the rejection of claims 1, 4, and 8-9 from the non-final office action (12/17/2025), by amending claim 1 and adding new claim 10 is entered and will be addressed below. Claim Interpretation The ” wherein each of the first gas supply pipe and the second gas supply extends vertically in the processing chamber and including a plurality of gas holes”, the “a plurality of gas holes”, therefore, are holes from both the first gas supply pipe and the second gas supply pipe. The “wherein all of the gas holes of the first gas supply pipe are arranged in two rows …”, row is defined as either “a line of object” or “a horizontal line … going from left to right” (see OneLook.com). Applicants’ Specification and drawing clearly shows two vertical line of gas holes. The “rows” is interpreted as “two columns”. This is applicable to all wording of “row” or “rows” in the claims. The “an angular separation between two of the first gas holes of the first gas supply pipe about the central axis of the first gas supply pipe at the first height is different from an angular separation between two of the first gas holes of the second gas supply pipe about the central axis of the second gas supply pipe at the third height”, there is no relationship defined between the first height (of the first gas supply pipe) and the third height (of the second gas supply pipe). Therefore, the third height and the first height may be at the same height or not. Note it seems there is no support for comparing the angular separation between the two gas pipes at the same height in Applicants’ Specification. Claim Rejections - 35 USC § 103 The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action. Claims 1, 4, and 8-9 are rejected under 35 U.S.C. 103 as being unpatentable over NAKAGAWA et al. (JP 2007027425, from IDS, hereafter ‘425), in view of Yamawaki et al. (US 4096822, hereafter ‘822), MOTOYAMA et al. (US 20150275368, hereafter ‘368), and Takagi (US 20030186517, hereafter ‘517). ‘425 teaches some limitations of: Claim 1: a substrate processing apparatus for performing substrate processing such as thin film generation processing … on a substrate such as a silicon wafer ([0001], includes the claimed “A film forming apparatus comprising”): the processing furnace 8 includes a quartz reaction tube 9 defining a processing chamber (Fig. 2, [0016], includes the claimed “a processing chamber including an inner tube and an outer tube surrounding the inner tube”, note the furnace 8 is considered “an outer tube”); An exhaust port 231 is opened at a lower portion of the reaction tube 9 ([0033], includes the claimed “wherein the inner tube includes a gas exhaust port for exhausting gas in the inner tube“); The processing chamber 201 is provided with two gas supply pipes 232a and 232b as supply pipes for supplying two kinds of gases ([0031], i.e., requires two different gas sources), In the arc-shaped space formed between the inner wall of the reaction tube 9 and the wafer 12, the buffer chamber, which is a gas dispersion space, extends along the tube axis direction from the lower wall to the upper wall of the reaction tube 9. 237 is provided, and a wall of the buffer chamber 237 facing the wafer 12 is provided with a first gas supply hole 248a for supplying gas. The first gas supply hole 248 a opens toward the center of the reaction tube 9. The first gas supply holes 248a have the same opening area from the lower part to the upper part, and are provided at the same opening pitch ([0034]), The processing gas supply nozzle 17 is a processing gas supply unit for sharing the buffer chamber 237 and the gas supply holes when alternately supplying a plurality of types of gases one by one to the wafer 12 in film formation by the ALD method (Fig. 3, [0040], includes the claimed “a first gas supply pipe coupled to a first gas source for supplying a first type of gas extends vertically in the processing chamber and including a plurality of gas holes”); At the end of the buffer chamber 237 opposite to the end where the first gas supply hole 248a is provided, a nozzle 233 is disposed from the lower part to the upper part of the reaction tube 9 along the tube axis. Yes. The nozzle 233 is provided with second gas supply holes 248b which are a plurality of supply holes for supplying reaction gas ([0035], includes the claimed “and a second gas supply pipe coupled to a second gas source, which is separated from the first gas source, for supplying a second type of gas that is different from the first type of gas, wherein each of the first gas supply pipe and the second gas supply extends vertically in the processing chamber and including a plurality of gas holes”), the second gas supply hole 248b may have the same opening area and the same opening pitch from the upstream side to the downstream side ([0035], 3rd sentence, includes the claimed “each of the plurality of gas holes of the first gas supply pipe has a same opening size”), The boat 13 is made of quartz, and substrates (hereinafter referred to as wafers) 12 are loaded in multiple stages (stacked) in a horizontal posture on the boat 13, and the wafers 12 are processed while being held by the boat 13 ([0016], 4th sentence, includes the claimed “and a boat configured to accommodate a plurality of substrates including product substrates in a vertical direction in the processing chamber”, Fig. 2 shows more holes 248a than the wafers, the claimed “wherein the film forming apparatus forms a film on each of the plurality of substrates by use of gas supplied from the plurality of gas holes, each of the plurality of substrates corresponding to respective one or more of the plurality of gas holes”), The inner angle θ has two rows in the lower intermediate portion 252, the upper intermediate portion 253, and the upper portion 254, and the inner angle θ is set to be larger in steps with the lower intermediate portion 252, the upper intermediate portion 253, and the upper portion 254. The internal angle θ may be continuously changed. Further, the value of θ to be changed is set in the range of 0 ° to a predetermined angle. In setting the internal angle θ, an experiment, a processing result, or the like is considered. Further, the change in the internal angle θ may increase from the upper side to the lower side, and the pitch of the third gas supply holes 248c may be varied up and down (Fig. 4, [0044], includes the claimed “wherein gas holes among the plurality of gas holes that are arranged in a height range in which the product substrates are situated include first gas holes that are opened at a same height, the first gas holes being oriented at respective angles such that respective imaginary lines passing through the first gas holes and a central axis of the first gas supply pipe are at a same angle relative to a first imaginary line passing through the central axis of the first gas supply pipe and a center of a corresponding one of the product substrates”, and “wherein the first gas supply pipe includes a plurality of the first gas holes at a first height and a plurality of the first gas holes at a second height greater than the first height, an angular separation between two of the first gas holes about the central axis of the first gas supply pipe at the first height being different from an angular separation between two of the first gas holes about the central axis of the first gas supply pipe at the second height“, and the claimed “an angular separation between two of the first gas holes of the first gas supply pipe about the central axis of the first gas supply pipe at the first height is different from an angular separation between two of the first gas holes of the second gas supply pipe about the central axis of the second gas supply pipe at the third height”, see claim interpretation above), Fig. 4 shows the claimed “an angle between a gas discharge direction of each of the first gas holes of the first gas supply pipe at the first height and the first imaginary line is greater than 0 degree and less than or equal to 90 degrees“. ‘425 does not teach the other limitations of: Claim 1: (1A) wherein all of the gas holes of the first gas supply pipe are arranged in two rows extending along the first gas supply pipe, each gas hole of one row of the first gas supply pipe and a corresponding gas hole of the other row of the first gas supply pipe are at an equal height, all of the gas holes of the second gas supply pipe being arranged in two rows extending along the second gas supply pipe, each gas hole of one row of the second gas supply pipe and a corresponding gas hole of the other row of the second gas supply pipe are at an equal height; (1B) wherein a height of the gas exhaust port is identical to or greater than a total height of the boat, (1C) and respective imaginary lines passing through the first gas holes and a central axis of the second gas supply pipe are at an identical angle relative to a second imaginary line passing through the central axis of the second gas supply pipe and the center of the corresponding one of the product substrates, (1D) wherein the second gas supply pipe includes a plurality of the first gas holes at a third height and a plurality of the first gas holes at a fourth height greater than the third height, an angular separation between two of the first gas holes about the central axis of the second gas supply pipe at the third height being different from an angular separation between two of the first gas holes about the central axis of the second gas supply pipe at the fourth height, an angle between a gas discharge direction of each of the first gas holes of the second gas supply pipe at the first height and the second imaginary line is greater than 0 degree and less than or equal to 90 degrees. ‘822 is an analogous art in the field of Gaseous Atmosphere Control Apparatus For A Semiconductor Manufacturing System (title), including wafer boat (Fig. 1, col. 1, line 53). ‘822 teaches that a gas distribution pipe having blow-off holes 4a, 4b and 4c and fixed to the inside wall of the reaction pipe 1 (col. 1, lines 54-56, Fig. 3 shows all holes are in pairs starting from downstream side 4a and the outer angular is bigger at the upstream side). 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 all holes in pairs, as taught by ‘822, to the gas supply holes 248s of ‘425 (the limitations of 1A), for its suitability with predictable results. ‘368 is an analogous art in the field of Film Forming Apparatus Using Gas Nozzles (title), a plurality of substrates held in a shelf form by a substrate holder within a vertical reaction vessel ([0002]). ‘368 teaches that In order to evacuate the internal atmosphere of the reaction vessel 1 and to create a vacuum, a vertically elongated exhaust port 18 is formed in a portion of the sidewall of the reaction vessel 1 in a circumferential direction, namely in a region opposing the plasma generating part 12 in this example. If the region of the wafer boat 3 in which the wafers W are arranged is defined as an arrangement region, the exhaust port 18 is formed along the arrangement direction of the wafers W so as to face the arrangement region (Fig. 1, [0029]), for the purpose of in-plane film thickness uniformity ([0063], 3rd 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 replaced the exhaust port 231 of ‘’425 with exhaust port 18 of ‘368 (the limitations of 1B), for the purpose of in-plane film thickness uniformity, as taught by ‘368 ([0063], 3rd sentence). Note also Fig. 10 of ‘368 shows the gas holes of gas nozzles 52 and 81 are aligned at the same height while the gas holes of nozzles 81 and 82 are not. ‘517 is an analogous art in the field of Apparatus For Manufacturing Semiconductor Device (title), A vertical single wall reaction tube type batch processing furnace can reduce the generation of particles (abstract). ‘517 teaches that The reaction gas injection pipe 20 is provided with a pair of pipe bodies (Fig. 4, [0066], last sentence), different types of gas may be made to flow through the respective pipe bodies 20(1), 20(2) having a same length ([0074], 3rd sentence), for the purpose of reducing the production of particles ([0013]). 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 duplicated the gas nozzle 17 of ‘425, (or to have arranged the holes 248b of the nozzle 233 similar to Fig. 4 of ‘425), as taught by ‘517, (the limitations of 1C and 1D), for the purpose of reducing the production of particles, as taught by ‘517 ([0013]). ‘425 further teaches the limitations of: Claims 4 and 8: The inner angle θ has two rows in the lower intermediate portion 252, the upper intermediate portion 253, and the upper portion 254, and the inner angle θ is set to be larger in steps with the lower intermediate portion 252, the upper intermediate portion 253, and the upper portion 254. The internal angle θ may be continuously changed. Further, the value of θ to be changed is set in the range of 0 ° to a predetermined angle. In setting the internal angle θ, an experiment, a processing result, or the like is considered. Further, the change in the internal angle θ may increase from the upper side to the lower side, and the pitch of the third gas supply holes 248c may be varied up and down (Fig. 4, [0044], includes the claimed “wherein the processing chamber includes a plurality of zones, the first gas supply pipe including a first plurality of the first gas holes in a first zone and a second plurality of the first gas holes in a second zone above the first zone, an angular separation between two of the first gas holes in the first zone about the central axis of the first gas supply pipe is different from an angular separation between two of the first gas holes in the second zone about the central axis of the first gas supply pipe “ of claim 4, “wherein the plurality of gas holes, arranged in the height range in which the plurality of product substrates are situated, includes a second gas hole that is opened in a same direction as an imaginary line connecting a central axis of the plurality of product substrates and the central axis of the first gas supply pipe” of claim 8). Claim 9: The first reaction gas (first reaction gas) is supplied to the processing chamber 201 via a first mass flow controller 241a and a first valve 243a which is an on-off valve ([0031], includes the claimed “further comprising at least one valve configured to switch to the first gas supply pipe or the second gas supply pipe to be used according to species of gas to be supplied”). Alternatively, claims 1, 4, and 8-9 are rejected under 35 U.S.C. 103 as being unpatentable over ‘425, in view of ‘822, ‘638, ‘517, and Zheng et al. (US 20050045102, previously cited, hereafter ‘102). In case Applicants argue that Fig. 2 of ‘425 does not clearly show “each of the plurality of substrates corresponding to respective one or more of the plurality of gas holes “ of claim 1. ‘102 is an analogous art in the field of atomic layer deposition or chemical vapor deposition ([0001]), A plurality of workpieces W, e.g., semiconductor wafers, may be held in the processing enclosure 20 in a workpiece holder 70 ([0008], 2nd last sentence, Fig. 4 shows it is a vertical reactor). ‘102 teaches that The outlets 142 can be configured to direct a flow of gas from respective gas conduit 140a or 140b transversely into each process space S (Fig. 4, [0032], 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 re-arranged the gas holes 248c of ‘425 to transversely into each process space S, as taught by ‘102, for the purpose of performing ALD, as taught by ‘102 ([0001]) and/or for its suitability with predictable results. The selection of something based on its known suitability for its intended use has been held to support a prima facie case of obviousness. MPEP 2144.07. Claim 10 is are rejected under 35 U.S.C. 103 as being unpatentable over ‘425, ‘822, ‘638, and ‘517 (optionally with ‘102), as being applied to claim 1 rejection above, further in view of Yang et al. (US 20140345801, hereafter ‘801). The combination of ‘425, ‘822, ‘638, and ‘517, (optionally with ‘102) does not teach the limitations of: Claim 10: further comprising a plurality of temperature sensors disposed between the inner tube and the outer tube, wherein the plurality of temperature sensors are arranged in the vertical direction in the processing chamber, and each of the plurality of temperature sensors is respectively provided at positions that are offset by a predetermined angle from a position of the gas exhaust port in a circumferential direction of the inner tube. ‘801 is an analogous art in the field of APPARATUS FOR PROCESSING SUBSTRATE FOR SUPPLYING REACTION GAS HAVING PHASE DIFFERENCE (title), a substrate holder on which the one or more substrates are vertically stacked (abstract). ‘801 teaches that As shown in FIGS. 7 and 8, thermocouples 382 and 384 are disposed between the external reaction tube 312a and the internal reaction tube 314. The thermocouples 382 and 384 are vertically disposed to measure temperatures according to heights ([0076]), the exhaust nozzles 334b have exhaust holes 334c ([0074]). 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 thermocouples 382 and 384 offset from the gas exhaust port, as taught by ‘801, between the external and internal reaction tubes of ‘425, for the purpose of measuring temperatures according to heights, as taught by ‘801 ([0076]). Response to Arguments Applicant's arguments filed 02/13/2026 have been fully considered but they are not persuasive. Applicants argue that Nakagawa ‘425 teaches that “in the substrate located in the upper part of the reaction chamber, the gas supply amount in the central part of the substrate is larger than that in the peripheral part, and the film thickness in the central part tends to be thick, The film thickness uniformity was poor”, therefore, if modifying based on the exhaust port of Motoyama ‘368, the pressure at the upper portion of the reaction chamber would become even lower, see the bottom of page 6. This argument is found persuasive. First of all, the whole passage of ‘425 is “For this reason, in the conventional substrate processing apparatus, in the substrate located in the upper part of the reaction chamber, the gas supply amount in the central part of the substrate is larger than that in the peripheral part, and the film thickness in the central part tends to be thicker. The film thickness uniformity was poor”. ‘425 has solved this problem. Secondly, the nonuniformity is across the horizontal direction of the wafer. the pressure at the upper portion of the reaction chamber would not affect the nonuniformity across the horizontal direction. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Previously applied references US 4499853, 20180090322, 20220189809, and 20180264516 each teaches “each of the plurality of substrates corresponding to respective one or more of the plurality of gas holes” of claim 1. US 20160333478 is cited for two holes at the same height of a pipe 5 (Fig. 5). US 20180076021 is cited for opening angle varying with height (Fig. 4) and three pipes (Fig. 2). US 20180090322 is cited for hole distribution varies with height (Fig. 6). Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to KEATH T CHEN whose telephone number is (571)270-1870. The examiner can normally be reached 8:30am-5:00 pm. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Parviz Hassanzadeh can be reached on 571-272-1435. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /KEATH T CHEN/Primary Examiner, Art Unit 1716
Read full office action

Prosecution Timeline

Jun 17, 2022
Application Filed
Aug 25, 2024
Non-Final Rejection — §103
Oct 09, 2024
Response Filed
Nov 21, 2024
Examiner Interview (Telephonic)
Mar 18, 2025
Request for Continued Examination
Mar 27, 2025
Response after Non-Final Action
May 04, 2025
Non-Final Rejection — §103
Jun 16, 2025
Response Filed
Jul 01, 2025
Final Rejection — §103
Aug 15, 2025
Examiner Interview Summary
Aug 15, 2025
Applicant Interview (Telephonic)
Sep 10, 2025
Request for Continued Examination
Oct 01, 2025
Response after Non-Final Action
Dec 13, 2025
Non-Final Rejection — §103
Feb 13, 2026
Response Filed
Mar 08, 2026
Final Rejection — §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

6-7
Expected OA Rounds
30%
Grant Probability
55%
With Interview (+24.5%)
3y 10m
Median Time to Grant
High
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