Prosecution Insights
Last updated: August 17, 2026
Application No. 17/845,354

SHOWER HEAD AND PLASMA PROCESSING APPARATUS

Final Rejection §103
Filed
Jun 21, 2022
Priority
Jun 22, 2021 — JP 2021-103225
Examiner
ZERVIGON, RUDY
Art Unit
1718
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Tokyo Electron Limited
OA Round
4 (Final)
67%
Grant Probability
Favorable
5-6
OA Rounds
0m
Est. Remaining
61%
With Interview

Examiner Intelligence

Grants 67% — above average
67%
Career Allowance Rate
714 granted / 1069 resolved
+1.8% vs TC avg
Minimal -6% lift
Without
With
+-5.9%
Interview Lift
resolved cases with interview
Typical timeline
3y 5m
Avg Prosecution
37 currently pending
Career history
1107
Total Applications
across all art units

Statute-Specific Performance

§101
0.6%
-39.4% vs TC avg
§103
50.7%
+10.7% vs TC avg
§102
28.7%
-11.3% vs TC avg
§112
15.5%
-24.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1069 resolved cases

Office Action

§103
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 . Drawings The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “first through holes”, “first arc shape”, “second arc shape”, “first one of the plurality of first through holes”, “first and a second ones of the plurality of second through holes”, “first one of the plurality of recesses”, “second one of the plurality of first through holes”, “third and a fourth ones of the plurality of second through holes”, “first recess”, “second recess” must be shown or the features canceled from the claims. No new matter should be entered. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance. Specification The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required: See above drawing objections. 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, 6, 8, 13 are rejected under 35 U.S.C. 103 as being unpatentable over Nagakubo; Keiichi et al. (US 20110024044 A1) in view of Choi; Soo Young et al. (US 20080302303 A1). Nagakubo teaches a shower head (16; Figure 1; [0026]) through which a processing gas is supplied into an inside of a processing chamber (1; Figure 1), comprising: a cooling plate (18a; Figure 1; [0027]) having a gas diffusion chamber (“ The upper electrode 18 and the cooling plate 18a are provided with gas discharge holes (not shown in FIG. 1)”; [0028]), and a plurality of first through holes (holes in 18a; not shown; [0028]-not shown by Applicants) passing through from the gas diffusion chamber (“ The upper electrode 18 and the cooling plate 18a are provided with gas discharge holes (not shown in FIG. 1)”; [0028]) to a first surface (bottom of 18a) on a processing chamber (1; Figure 1) side and through which the processing gas flows; an upper electrode (18; Figure 1-3; [0028]) having a second surface (top of 18) in contact with the first surface (bottom of 18a) of the cooling plate (18a; Figure 1; [0027]), a third surface (inner surface of chamber 1; Figure 1) configured to form an inner surface of the processing chamber (1; Figure 1), and a plurality of second through holes (186,184; Figure 2-Applicant’s 13xxy; Figure 3) passing through from the second surface (top of 18) to the third surface (inner surface of chamber 1; Figure 1); and a plurality of recesses (185; Figure 2,3-Applicant’s 13Bg; Figure 2,3) formed in the first surface (bottom of 18a) or the second surface (top of 18) and provided apart from each other, wherein a first one of the plurality of first through holes (holes in 18a; not shown; [0028]-not shown by Applicants) is connected to at least a first and a second ones of the plurality of second through holes (186,184; Figure 2-Applicant’s 13xxy; Figure 3) via a first one of the plurality of recesses (185; Figure 2,3-Applicant’s 13Bg; Figure 2,3), a second one of the plurality of first through holes (holes in 18a; not shown; [0028]-not shown by Applicants) is connected to at least a third and a fourth ones of the plurality of second through holes (186,184; Figure 2-Applicant’s 13xxy; Figure 3) via a second one of the plurality of recesses (185; Figure 2,3-Applicant’s 13Bg; Figure 2,3), from a top view (Figure 2) of the cooling plate (18a; Figure 1; [0027]) and the upper electrode (18; Figure 1-3; [0028]), the first one of the plurality of second through holes (186,184; Figure 2-Applicant’s 13xxy; Figure 3), the first one of the plurality of first through holes (holes in 18a; not shown; [0028]-not shown by Applicants), and the second one of the plurality of second through holes (186,184; Figure 2-Applicant’s 13xxy; Figure 3) are located with this order to have a first arc shape, from the top view (Figure 2) of the cooling plate (18a; Figure 1; [0027]) and the upper electrode (18; Figure 1-3; [0028]), the third one of the plurality of second through holes (186,184; Figure 2-Applicant’s 13xxy; Figure 3), the second one of the plurality of first through holes (holes in 18a; not shown; [0028]-not shown by Applicants), and the fourth one of the plurality of second through holes (186,184; Figure 2-Applicant’s 13xxy; Figure 3) are located with this order to have a second arc shape, the first arc shape and the second arc shape are segments of a circumference of a same circle, and each of the plurality of second through holes (186,184; Figure 2-Applicant’s 13xxy; Figure 3) has a throttle portion (186; Figure 2,3-Applicant’s 13Bj1,2; Figure 3) at a connection portion with each of the plurality of recesses (185; Figure 2,3-Applicant’s 13Bg; Figure 2,3), the throttle portion (186; Figure 2,3-Applicant’s 13Bj1,2; Figure 3) extending vertically from each of the plurality of recesses (185; Figure 2,3-Applicant’s 13Bg; Figure 2,3) to each of the plurality of second through holes (186,184; Figure 2-Applicant’s 13xxy; Figure 3) – claim 1 Nagakubo further teaches: A plasma processing apparatus comprising the shower head (16; Figure 1; [0026]) of claim 1, as claimed by claim 6 The shower head (16; Figure 1; [0026]) of claim 1, wherein from the top view (Figure 2) of the cooling plate (18a; Figure 1; [0027]) and the upper electrode (18; Figure 1-3; [0028]), a third one of the at least two of the second through holes (186,184; Figure 2-Applicant’s 13xxy; Figure 3), the one of the plurality of first through holes (holes in 18a; not shown; [0028]-not shown by Applicants), and a fourth one of the at least two of the second through holes (186,184; Figure 2-Applicant’s 13xxy; Figure 3) are located with this order to a linear shape, and the arc shape and the linear shape intersect each other with the one of the plurality of first through holes (holes in 18a; not shown; [0028]-not shown by Applicants) being an intersection of the arc shape and the linear shape intersect to have a cross shape, as claimed by claim 8 Nagakubo is believed to teach: The shower head (16; Figure 1; [0026]) of claim 1, wherein from the top view (Figure 2) of the cooling plate (18a; Figure 1; [0027]) and the upper electrode (18; Figure 1-3; [0028]), the first one of the plurality of second through holes (186,184; Figure 2-Applicant’s 13xxy; Figure 3), the first one of the plurality of first through holes (holes in 18a; not shown; [0028]-not shown by Applicants), the second one of the plurality of second through holes (186,184; Figure 2-Applicant’s 13xxy; Figure 3), the third one of the plurality of second through holes (186,184; Figure 2-Applicant’s 13xxy; Figure 3), the second one of the plurality of first through holes (holes in 18a; not shown; [0028]-not shown by Applicants), and the fourth one of the plurality of second through holes (186,184; Figure 2-Applicant’s 13xxy; Figure 3) are located with this order on the same circle, as claimed by claim 13 Nagakubo does not teach the throttle portion (186; Figure 2,3-Applicant’s 13Bj1,2; Figure 3) having a flow path narrower than a flow path of each of the plurality of second through holes (186,184; Figure 2-Applicant’s 13xxy; Figure 3) – claim 1. Choi also teaches a showerhead (110; Figure 1; 902; Figure 9C) in a plasma processing system (Figure 1) with through-hole distributions as claimed – four chords of a circle, forming a square within the circle, with a hole at each corner of the square. Choi also teaches throttle portions or “chokes” (smaller diameter upstream of 1710; Figure 17A-Applicant’s 13Bj1,2; Figure 3) having a flow path narrower than a flow path of each of the downstream through hole (1710; Figure 17A-Applicant’s 13xxy; Figure 3). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention for Nagakubo to add Choi’s throttle portions or “chokes” to Nagakubo’s upper electrode (18; Figure 1-3) lower member (181; Figure 3). Further, for Nagakubo to optimize Nagakubo’s hole distribution as taught by Choi. Motivation for Nagakubo to add Choi’s throttle portions or “chokes” to Nagakubo’s upper electrode (18; Figure 1-3) lower member (181; Figure 3) and for optimize Nagakubo’s hole distribution as taught by Choi is at leas for controlling gas flow resistance across showerheads for flow gradient benefits such as “adjusting the deposited film profile, properties, uniformity of the film properties, and thickness..” as taught by Choi ([0049]). Claims 2, 11, 14, 15 are rejected under 35 U.S.C. 103 as being unpatentable over Nagakubo; Keiichi et al. (US 20110024044 A1) in view of Choi; Soo Young et al. (US 20080302303 A1) and Je; Sung-Tae et al. (US 20160289831 A1). Nagakubo is discussed above and further teaches only circular recess such that he shower head (16; Figure 1; [0026]) of claim 1, wherein from the top view (Figure 2) of the cooling plate (18a; Figure 1; [0027]) and the upper electrode (18; Figure 1-3; [0028]), the first one of the plurality of second through holes (186,184; Figure 2-Applicant’s 13xxy; Figure 3), the first one of the plurality of first through holes (holes in 18a; not shown; [0028]-not shown by Applicants), and the second one of the plurality of second through holes (186,184; Figure 2-Applicant’s 13xxy; Figure 3) are located in a first recess (first 185; Figure 2,3-not shown by Applicant) of the plurality of recesses (185; Figure 2,3-Applicant’s 13Bg; Figure 2,3) with this order, the first recess (first 185; Figure 2,3-not shown by Applicant) having a first circular shape (not claimed), the first one of the plurality of second through holes (186,184; Figure 2-Applicant’s 13xxy; Figure 3) and the second one of the plurality of second through holes (186,184; Figure 2-Applicant’s 13xxy; Figure 3) being located at opposite end portions of the first recess (first 185; Figure 2,3-not shown by Applicant), from the top view (Figure 2) of the cooling plate (18a; Figure 1; [0027]) and the upper electrode (18; Figure 1-3; [0028]), the third one of the plurality of second through holes (186,184; Figure 2-Applicant’s 13xxy; Figure 3), the second one of the plurality of first through holes (holes in 18a; not shown; [0028]-not shown by Applicants), and the fourth one of the plurality of second through holes (186,184; Figure 2-Applicant’s 13xxy; Figure 3) are located in a second recess (second 185; Figure 2,3-not shown by Applicant) of the plurality of recesses (185; Figure 2,3-Applicant’s 13Bg; Figure 2,3) with this order, the second recess (second 185; Figure 2,3-not shown by Applicant) having a second circular shape (not claimed), the third one of the plurality of second through holes (186,184; Figure 2-Applicant’s 13xxy; Figure 3) and the fourth one of the plurality of second through holes (186,184; Figure 2-Applicant’s 13xxy; Figure 3) being located at opposite end portions of the second recess (second 185; Figure 2,3-not shown by Applicant) - claim 14 Nagakubo further teaches the shower head (16; Figure 1; [0026]) of claim 1, wherein the first recess (first 185; Figure 2,3-not shown by Applicant) and the second recess (second 185; Figure 2,3-not shown by Applicant) are segments of the circumference of the same circle, and the first recess (first 185; Figure 2,3-not shown by Applicant) and the second recess (second 185; Figure 2,3-not shown by Applicant) are located on opposite sides of the same circle, as claimed by claim 15 Nagakubo and Choi are discussed above. Nagakubo and Choi do not teach: The shower head (16; Figure 1; [0026]) of claim 1, wherein at least one of the plurality of recesses (185; Figure 2,3-Applicant’s 13Bg; Figure 2,3) is formed to have an arc shape, as claimed by claim 2 The shower head (16; Figure 1; [0026]) of claim 2, wherein the plurality of recesses (185; Figure 2,3-Applicant’s 13Bg; Figure 2,3) are formed to have a plurality of arc shapes in a concentric circle, as claimed by claim 11 Arc shaped recess (185; Figure 2,3-not shown by Applicant) – claim 14 Je was discussed in the prior office action. 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. 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. Motivation for doing so would prevent reaction gas supplied from one region to diffuse to another region (Je, [0054]). 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, 12 are rejected under 35 U.S.C. 103 as being unpatentable over Nagakubo; Keiichi et al. (US 20110024044 A1) in view of Choi; Soo Young et al. (US 20080302303 A1) and Hirayama; Masaki et al. (US 20110180213 A1). Nagakubo and Choi are discussed above. Nagakubo and Choi do not teach: The shower head (16; Figure 1; [0026]) of claim 8, wherein at least one of the plurality of recesses (185; Figure 2,3-Applicant’s 13Bg; Figure 2,3) is formed to have the cross shape, as claimed by claim 4 The shower head (16; Figure 1; [0026]) of claim 4, wherein the plurality of recesses (185; Figure 2,3-Applicant’s 13Bg; Figure 2,3) are formed to have a plurality of cross shapes in a concentric circle, as claimed by claim 12 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]). 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 are rejected under 35 U.S.C. 103 as being unpatentable over Nagakubo; Keiichi et al. (US 20110024044 A1) in view of Choi; Soo Young et al. (US 20080302303 A1) and Kholodenko (TW-200809007-A). Nagakuboand and Choi are discussed above. Nagakuboand and Choi do not teach the shower head (16; Figure 1; [0026]) of claim 1, wherein the cooling plate (18a; Figure 1; [0027]) is made of aluminum, and the upper electrode (18; Figure 1-3; [0028]) is made of silicon. 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 Applicant’s arguments, see pages 6-11, filed April 24, 2026, with respect to the rejections of claims 1, 2, 4-6, 8, 11-15 under §102 - Nagakubo; Keiichi et al. (US 20110024044 A1) have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new grounds of rejection is made in view of §103 - Nagakubo; Keiichi et al. (US 20110024044 A1) in view of Choi; Soo Young et al. (US 20080302303 A1). Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Showerheads with similar gas hole attributes include US 20080141941 A1; US 7481886 B2; US 20030209323 A1; US 6786175 B2; US 6024799 A Applicant's amendment necessitated the new grounds 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 Examiner Rudy Zervigon whose telephone number is (571) 272- 1442. The examiner can normally be reached on a Monday through Thursday schedule from 8am through 6pm EST. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Any Inquiry of a general nature or relating to the status of this application or proceeding should be directed to the Chemical and Materials Engineering art unit receptionist at (571) 272-1700. If the examiner cannot be reached please contact the examiner's supervisor, Parviz Hassanzadeh, at (571) 272- 1435. 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:/Awww.uspto.gov/interviewpractice. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or (571) 272-1000. /Rudy Zervigon/ Primary Examiner, Art Unit 1716
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Prosecution Timeline

Show 3 earlier events
Jun 11, 2025
Final Rejection mailed — §103
Sep 11, 2025
Request for Continued Examination
Oct 02, 2025
Response after Non-Final Action
Nov 26, 2025
Non-Final Rejection mailed — §103
Apr 14, 2026
Applicant Interview (Telephonic)
Apr 20, 2026
Examiner Interview Summary
Apr 24, 2026
Response Filed
Jul 31, 2026
Final Rejection mailed — §103 (current)

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Prosecution Projections

5-6
Expected OA Rounds
67%
Grant Probability
61%
With Interview (-5.9%)
3y 5m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 1069 resolved cases by this examiner. Grant probability derived from career allowance rate.

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