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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 09/11/2025 has been entered.
Response to Amendment
The amendment filed 09/11/2025 has been entered.
Claim Status
Claims 1-2, 4-6, 8-9, and 11-12 are pending.
Claims 1-2 are currently amended.
Claims 3, 7 and 10 are cancelled.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 6, and 8-9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Nagakubo (US-20110024044-A1).
Regarding claim 1, Nagakubo teaches a shower head (Fig. 1, [0026], shower head 16) through which a processing gas is supplied into an inside of a processing chamber, comprising:
a cooling plate (Fig. 1, [0027], cooling plate 18a) having a gas diffusion chamber (Fig. 2, [0028], gas is introduced into spaced 17) and a plurality of first through holes passing through from the gas diffusion chamber to a first surface on a processing chamber side (Fig. 3 and Fig. 5, [0036], gas flows from space 17 disposed above cooling plate 18a and upper electrode plate 18, which has gas discharge holes [0028]) and through which the processing gas flows;
an upper electrode having a second surface in contact with the first surface of the cooling plate (Fig. 1, [0027], upper electrode 18 is in contact with cooling plate 18a), a third surface configured to form an inner surface of the processing chamber (Fig. 1 and Fig. 2, [0029], lower member 181 of upper electrode 18 faces the process chamber), and a plurality of second through holes passing through from the second surface to the third surface (Fig. 3, [0029], gas discharge holes 184 extend through lower member 181); and
a plurality of recesses formed in the first surface or the second surface and provided apart from each other (Fig. 3, [0031], communication holes 186 are disposed between gas passage hole 185 and gas discharge holes 184), wherein
a first one of the plurality of first through holes is connected to at least a first and a second ones of the plurality of second through holes via a first one of the plurality of recesses (Fig. 3, [0029]-[0032], gas passage hole 185 is connected to at least two gas discharge holes 184 via communication hole 186, and where one gas passage hole 185, one communication hole 186, and at least two gas discharge holes 184 comprise one set of a plurality of sets),
a second one of the plurality of first through holes is connected to at least a third and a fourth ones of the plurality of second through holes via a second one of the plurality of recesses (Fig. 3, [0029]-[0032], gas passage hole 185 is connected to at least two gas discharge holes 184 via communication hole 186, and where one gas passage hole 185, one communication hole 186, and at least two gas discharge holes 184 comprise one set of a plurality of sets),
from a top view of the cooling plate and the upper electrode, the first one of the plurality of second through holes, the first one of the plurality of first through holes, and the second one of the plurality of second through holes are located with this order to have a first arc shape (see annotated Fig. 2 below, first gas discharge hole 184i, gas passage hole 185, and second gas discharge hole 184ii are arranged in an arc shape),
from the top view of the cooling plate and the upper electrode, the third one of the plurality of second through holes, the second one of the plurality of first through holes, and the fourth one of the plurality of second through holes are located with this order to have a second arc shape (see annotated Fig. 2 below which labels a first and second set of a plurality of sets arranged in an arc shape, where gas discharge holes 184i, gas passage holes 185, and second gas discharge holes 184ii comprise one set, [0029]-[0031]) and
the first arc shape and the second arc shape are segments of a circumference of a same circle (annotated Fig. 2 below, [0029], every six gas discharge holes 184 makes one set, and the six gas discharge holes 184 in each set are arranged on a same circumference at an angular interval of about 60 degrees).
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The Examiner construes “through which a processing gas is supplied into an inside of a processing chamber” and “through which the processing gas flows” as merely an intended use and is given patentable weight to the extent that the prior art is capable of performing the intended use. The apparatus of Nagakubo details an upper member provided with a plurality of gas passage holes through which a processing gas is supplied; and a lower member positioned below the upper member and provided with multiple sets of gas discharge holes through which the processing gas is discharged to the process chamber (Fig. 1, Abstract). 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).
Regarding claim 6, Nagakubo teaches a plasma processing apparatus comprising the shower head of claim 1 (Fig. 1 displays a plasma processing apparatus which incorporates shower head 16).
Regarding claim 8, Nagakubo teaches wherein from the top view of the cooling plate and the upper electrode, a third one of the at least two of the second through holes, the one of the plurality of first through holes, and a fourth one of the at least two of the second through holes are located with this order to a linear shape (see annotated Fig. 2 below, third gas discharge hole 184iii, gas passage hole 185, and fourth gas discharge hole 184iv are arranged in a linear shape), and the arc shape and the linear shape intersect each other with the one of the plurality of first through holes being an intersection of the arc shape and the linear shape intersect to have a cross shape (see annotated Fig. 2 below, first gas discharge hole 184i, gas passage hole 185, and second gas discharge hole 184ii are arranged in an arc shape, and cross intersection of holes 184i-iv and 185 shown by dotted line).
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Regarding claim 9, Nagakubo teaches wherein each of the plurality of second through holes has a throttle portion at a connection portion with each of the plurality of recesses (Fig. 6, [0047], top portion of gas discharge holes 181 in contact with communication holes 186 is inclined such that the flow path of the gas is deflected).
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.
Claims 2 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Nagakubo (US-20110024044-A1), as applied to claims 1, 6, and 8-9 above, and further in view of Je (US-20160289831-A1).
The limitations of claims 1, 6, and 8-9 are set forth above.
Regarding claim 2, Nagakubo does not teach wherein at least one of the plurality of recesses is formed to have an arc shape.
However, Je teaches wherein at least one of the plurality of recesses is formed to have an arc shape (Je, Fig. 6 and Fig. 7, [0052], plurality of recessed regions 75b are in an arc shape and extend concentrically from center, embodied by recessed regions 75c).
Je is considered analogous art to the claimed invention because it is in the same field of semiconductor processing. It would have been obvious to one ordinarily skilled in the art as of the effective filing date to have modified the arrangement of the recessed regions of Nagakubo in the arc shape of Je. Doing so would prevent reaction gas supplied from one region to diffuse to another region (Je, [0054]).
Regarding claim 11, Nagakubo fails to teach wherein the plurality of recesses are formed to have a plurality of arc shapes in a concentric circle.
However, Je teaches wherein the plurality of recesses are formed to have a plurality of arc shapes in a concentric circle (Je, Fig. 6 and Fig. 7, [0052], plurality of recessed regions 75b are in an arc shape and extend concentrically from center, embodied by recessed regions 75c).
It would have been obvious to one ordinarily skilled in the art as of the effective filing date to have modified the arrangement of the recessed regions of Nagakubo in the arc shape of Je. Doing so would prevent reaction gas supplied from one region to diffuse to another region (Je, [0054]).
Claims 4 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Nagakubo (US-20110024044-A1), as applied to claims 1, 6, and 8-9 above, and further in view of Hirayama (US-20110180213-A1).
The limitations of claim 1, 6, and 8-9 are set forth above.
Regarding claim 4, Nagakubo does not teach wherein at least one of the plurality of recesses is formed to have the cross shape.
However, Hirayama teaches wherein at least one of the plurality of recesses is formed to have a cross shape (Hirayama Fig. 11, [0191], third gas pipe 370c has gas discharging holes 370c1 and 345c, which are formed in a cross shape).
Hirayama is considered analogous art to the claimed invention because it is in the same field of semiconductor processing. It would have been obvious to one ordinarily skilled in the art as of the effective filing date to have modified the recessed regions of Nagakubo in the cross shape of Hirayama. Doing so allows for throttling of the gas flow path, allowing for control of laminar flow, which helps generate uniform plasma (Hirayama, [0071]).
Regarding claim 12, Nagakubo teaches wherein the plurality of gas discharge holes are formed to have a plurality of cross shapes in a concentric circle (see annotated figure above in rejection of claim 8 for reference, first gas discharge hole 184i, gas passage hole 185, and second gas discharge hole 184ii are arranged in an arc shape, and cross intersection of holes 184i-iv and 185 shown by dotted line), but fails to teach wherein the recesses are a cross shape.
However, Hirayama teaches wherein the plurality of recesses is formed to have a cross shape (Hirayama Fig. 11, [0191], third gas pipe 370c has gas discharging holes 370c1 and 345c, which are formed in a cross shape).
It would have been obvious to one ordinarily skilled in the art as of the effective filing date to have modified the recessed regions of Nagakubo in the cross shape of Hirayama. Doing so allows for throttling of the gas flow path, allowing for control of laminar flow, which helps generate uniform plasma (Hirayama, [0071]).
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Nagakubo (US-20110024044-A1), as applied to claims 1, 6 and 8-9 above, and further in view of Kholodenko (TW-200809007-A, using attached machine translation).
The limitations of claim 1, 6, and 8-9 are set forth above.
Regarding claim 5, Nagakubo teaches wherein the upper electrode is made of silicon (Nagakubo, Fig. 3, [0029]-[0030], upper member 182 and lower member 181 is made of silicon).
Nagakubo does not teach wherein the cooling plate is made of aluminum.
However, Kholodenko teaches wherein the cooling plate is made of aluminum (Kholodenko, line 164, aluminum is commonly used for cooling plate 208).
Kholodenko is considered analogous art to the claimed invention because it is in the same field of semiconductor processing. It would have been obvious to one ordinarily skilled in the art as of the effective filing date to have constructed the cooling plate of Nagakubo from aluminum, as the courts have held that the selection of a known material (aluminum) based on its suitability for its intended purpose (use in a cooling plate) is supportive of prima facie obviousness. See MPEP 2144.07.
Response to Arguments
In the Applicant’s response filed 09/11/2025, the Applicant asserts that none of the cited prior art, particularly Nagakubo, teach the claim limitations “the first arc shape and the second arc shape are segments of a circumference of a same circle” of independent claim 1 as newly amended. The Examiner has carefully considered the arguments but does not find them to be persuasive. As reflected in the Claims Rejections section above for claim 1 and referencing the annotated Fig. 2 provided for claim 1, Nagakubo teaches a first gas discharge hole 184i, gas passage hole 185, and second gas discharge hole 184ii are arranged in an arc shape ([0029]-[0031). In addition, Nagakubo teaches wherein gas discharge holes 184i, gas passage holes 185, and second gas discharge holes 184ii comprise one set of a plurality of sets, wherein further sets of the aforementioned holes in the same arrangement are provided. Nagakubo goes on to teach every six gas discharge holes 184 makes one set, and the six gas discharge holes 184 in each set are arranged on a same circumference at an angular interval of about 60 degrees ([0029]-[0031]), thereby being structurally capable of meeting the claim limitation as currently presented.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Sawada (US 20140138030 A1) teaches arc shaped partitions and holes in an arc shape below the partitions
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TODD M SEOANE whose telephone number is (703)756-4612. The examiner can normally be reached M-F 9-5.
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/TODD M SEOANE/Examiner, Art Unit 1718 /GORDON BALDWIN/Supervisory Patent Examiner, Art Unit 1718