CTFR 17/848,596 CTFR 97724 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. 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 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under either status. 12-151 AIA 26-51 12-51 Status of Claims Claims 1-24 are pending Claims 10-11 and 22-23 have been withdrawn Claims 1-2, 6-11, 13-15, and 17-23 have been amended Claims 25-26 have been cancelled Claim Rejections - 35 USC § 112 07-30-02 AIA The following is a quotation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. 07-34-01 Claim 3-5 and 15-17 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. Regarding Claim 3: Claim 3 recites the limitation "wherein a length of the first member is at least a length corresponding to a thickness of the ceramic plate.” There is insufficient antecedent basis for this limitation in the claim. For purposes of prosecution on the merits, this limitation will be read as “wherein a length of the first gas plug member is at least a length corresponding to a thickness of the ceramic plate.” Regarding Claim 4: Claim 4 is rejected at least based upon its dependency on Claim 3. Regarding Claim 5: Claim 5 recites the limitation "an upper surface of the second member is in contact with a lower surface of the ceramic plate to surround an outer peripheral portion of the heat transfer gas supply hole in the lower surface of the ceramic plate.” There is insufficient antecedent basis for this limitation in the claim. For purposes of prosecution on the merits, this limitation will be read as “an upper surface of the second gas plug member is in contact with a lower surface of the ceramic plate to surround an outer peripheral portion of the heat transfer gas supply hole in the lower surface of the ceramic plate.” Regarding Claim 15: Claim 15 recites the limitation "wherein the third member is disposed to have a gap between the third gas plug and an inner wall of the heat transfer gas supply hole.” There is insufficient antecedent basis for this limitation in the claim. For purposes of prosecution on the merits, this limitation will be read as “wherein the third gas plug member is disposed to have a gap between the third gas plug and an inner wall of the heat transfer gas supply hole.” Regarding Claim 16: Claims 16-17 is rejected at least based upon their dependency on Claim 15. Regarding Claim 18: Claim 18 recites the limitation " wherein the first member is disposed to have a gap between the first gas plug and an inner wall of the heat transfer gas supply hole.” There is insufficient antecedent basis for this limitation in the claim. For purposes of prosecution on the merits, this limitation will be read as “wherein the first gas plug member is disposed to have a gap between the first gas plug and an inner wall of the heat transfer gas supply hole.” Regarding Claim 19: Claim 19 recites the limitation "wherein a length of the first member is at least a length corresponding to a thickness of the ceramic plate.” There is insufficient antecedent basis for this limitation in the claim. For purposes of prosecution on the merits, this limitation will be read as “wherein a length of the first gas plug member is at least a length corresponding to a thickness of the ceramic plate.” Regarding Claim 20: Claim 20 is rejected at least based upon its dependency on Claim 19. Claim Rejections - 35 USC § 103 07-20-aia AIA 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. 07-20-02-aia AIA This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. 07-21-aia AIA Claim (s) 1-9 and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chiba et al. (WO 2019244631) in view of Kawakami et al. (US 5542559), Chen et al. (US 20090145553), Cho et al. (US 20170352568), Anada et al. (US 20160276198 ), Samir et al. (US 20090086401), and Nozawa et al. (US 5290381), with Pilgrim (US 20200105568) and Prouty et al. (US 20200373184) as evidentiary references. Chiba et al. (US 20200335384) is an English language equivalent and is herein used as a translation for Chiba et al. (WO 2019244631) . Regarding Claim 1: Chiba teaches a plasma processing apparatus (substrate processing apparatus 100) comprising: a plasma processing container (processing container 1); and a substrate support (mounting table 2) disposed in the plasma processing container and having a support surface (mounting surface 21) on an upper portion of a base (base 2a), wherein the substrate support includes [Fig. 1, 2 & 0015, 0033]: a heat transfer gas supply hole (through hole 210a) configured to supply a heat transfer gas from the base side to the support surface (a heat transfer gas such as helium gas is supplied to the back surface of the wafer W from the through hole 210a) [Fig. 4a & 0020, 0034]. Chiba does not specifically disclose a first gas plug (i) disposed in an opening of a ceramic plate provided on the support surface and in the heat transfer gas supply hole (ii), a second gas plug disposed under the first gas plug in the heat transfer gas supply hole, having a vertical outer wall in contact with an inner wall of the heat gas supply hole, being in contact with the first gas plug and a lower surface of the ceramic plate so as not to have a gap between the second gas plug and the first gas plug, having a diameter larger than an inner diameter of the heat transfer gas supply hole, and a third gas plug disposed under the second gas plug in the heat transfer gas supply hole and made of polytetrafluoroethylene (PTFE). Kawakami teaches a first gas plug (the flowpath member 6 shown in the annotated drawings below) disposed in an opening of a ceramic plate (insulating member 4) provided on the support surface (upper surface of insulating member 4; it is noted that the flowpath members 6, 7 and 8 can be provided at not only the position shown within the gas supply conduit 5 but also a position closer to the electrostatic chuck. For instance, they may be positioned in the region of the accumulator space 53) and in the heat transfer gas supply hole (ii), a second gas plug (the flow path member 7 highlighted in the drawings below) disposed under the first gas plug in the heat transfer gas supply hole, having a vertical outer wall in contact with an inner wall of the heat gas supply hole (as evidenced by Fig. 2 and the annotated drawings below, the flow path members 7 are in contact with an inner wall of the gas supply conduit 5), being in contact with the first gas plug and a lower surface of the ceramic plate so as not to have a gap between the second gas plug and the first gas plug (as evidenced by Fig. 2 and the annotated drawings below, the second member contacts the first member. Furthermore, the second member can comprise of a porous plug, as shown in Fig. 7. The porous plug shown in Fig. 7 has no recess, and would therefore not have a gap between it and the first member), having a diameter larger than an inner diameter of the heat transfer gas supply hole (as evidenced by Fig. 2, the flow path members 7 have diameters larger than an inner diameter of the gas flowpath 52), and a third gas plug (the flow path member 6 highlighted in the drawings below) disposed under the second gas plug in the heat transfer gas supply hole and made of polytetrafluoroethylene (PTFE) (the members 6 and 7 may each be made of Teflon) [Fig. 2-7 & Col. 8 lines 35-49, Col. 9 lines 1-9]. PNG media_image1.png 661 703 media_image1.png Greyscale It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify member of Chiba to comprise of three separate members, as in Kawakami, since utilizing a plurality of flow path members allows for more convenient control over conductance by changing the combination thereof [Kawakami - Col. 8 lines 57-65]. Modified Chiba does not specifically disclose a first gas plug made of silicon carbide. Chen teaches a first gas plug made of silicon carbide (member 176 may be composed of PTFE or silicon carbide) [Fig. 3 & 0042]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the members of Modified Chiba to be made of silicon carbide or Teflon, since Chen discloses that such are suitable materials for insertable members in a gas flow path [Chen - 0042]. It has been held that selecting a known material on the basis of suitability for the intended use involves only routine skill in the art [MPEP 2144.07]. It's also noted that Chiba states that its member 220 can be made of silicon carbide or Teflon [Chiba - 0039]. Modified Chiba (Chiba modified by Kawakami and Chen) does not specifically disclose a second gas plug made of porous resin. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify second gas plug of Modified Chiba to comprise of a porous resin (such as PEEK), as in Cho, since such is a suitable material for a porous gas plug [Cho - 0031]. It has been held that selecting a known material on the basis of suitability for the intended use involves only routine skill in the art [MPEP 2144.07]. Modified Chiba (Chiba modified by Kawakami, Chen, and Cho) does not specifically disclose a second gas plug disposed under the first gas plug in the heat transfer gas supply hole in contact with the first gas plug and a lower surface of the ceramic plate. Although Anada does not specifically disclose "a second gas plug disposed under the first gas plug in the heat transfer gas supply hole in contact with the first gas plug and a lower surface of the ceramic plate so as not to have a gap between the second gas plug the lower surface of the ceramic plate," Anada does disclose that the diameter and length of a porous member are result effective variables. Specifically, the length and diameter of a porous member change the member's insulation breakdown voltage (wherein a higher insulation breakdown voltage reduces the likelihood of arcing) [Anada - 0005, 0011, 0129, 0183, 0233]. As such, It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to find a desired diameter and length for a porous member to obtain desired insulation breakdown voltages. It has been held that discovering an optimum value of a result-effective variable involves only routine skill in the art. See MPEP 2144.05. Furthermore, Pilgrim (US 20200105568) and Prouty et al. (US 20200373184) also disclose that having a porous member be in contact with other surfaces helps ensure a porous member is secure [Pilgrim - 0050; Prouty - 0046]. Samir further discloses that conduit and channel lengths are result effective variables. Specifically, channel length can be adjusted to adjust gas flow rate, and that conduit length can be adjusted to obtain a desired electric field permeation [Samir - 0017, 0074]. It would have been obvious to one of ordinary skill in the art to find a desired length for a gas insert to obtain a desired permeability and flow rate [Samir - 0017, 0074]. It is noted that adjusting gas member lengths and diameters could result in the porous body contacting a lower surface of an upper body, such as in Fig. 3F of Pilgrim [Pilgrim - Fig. 3B-3F & 0042-0043, 0050]. An example of this modification is outlined in the annotated drawings of Pilgrim below. Additionally/alternatively, Nozawa discloses that having members in a processing chamber be in contact without gaps can help improve thermal conduction [Nozawa - Col. 2 lines 20-30]. As such, it would be obvious to modify any of the members of Kawakami to have no gaps therebetween to improve heat transfer. PNG media_image2.png 796 1221 media_image2.png Greyscale PNG media_image3.png 763 992 media_image3.png Greyscale Regarding Claim 2: Chiba does not specifically disclose wherein the second gas plug is disposed so as not to have a gap between the second gas plug and an inner wall of the heat transfer gas supply hole. Kawakami teaches wherein the second gas plug is disposed so as not to have a gap between the second gas plug and an inner wall of the heat transfer gas supply hole (as evidenced by the annotated drawings above and Fig. 2, the member 7 does not have a gap between it and the inner wall of conduit 5) [Fig. 2 & Col. 5 lines 40-54]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify member of Chiba to comprise of three separate members, as in Kawakami, since utilizing a plurality of flow path members allows for more convenient control over conductance by changing the combination thereof [Kawakami - Col. 8 lines 57-65]. Regarding Claim 3: Modified Chiba (Chiba modified by Kawakami, Chen, and Anada) does not specifically disclose wherein a length of the first gas plug is at least a length corresponding to a thickness of the ceramic plate. Although Samir does not specifically disclose "wherein a length of the first gas plug is at least a length corresponding to a thickness of the ceramic plate." Samir does disclose that conduit and channel lengths are result effective variables. Specifically, channel length can be adjusted to adjust gas flow rate, and that conduit length can be adjusted to obtain a desired electric field permeation [Samir - 0017, 0074]. It would have been obvious to one of ordinary skill in the art to find a desired length for a gas insert to obtain a desired permeability and flow rate [Samir - 0017, 0074]. It has been held that discovering an optimum value of a result-effective variable involves only routine skill in the art. See MPEP 2144.05. Regarding Claim 4: Chiba teaches wherein the ceramic plate is an electrostatic chuck having an electrode therein (the electrostatic chuck 6 includes an electrode 6a inserted in an insulator 6b, and a DC power supply 12 is connected to the electrode 6a) [Fig. 2, 4B & 0018]. Regarding Claim 5: Chiba teaches wherein the heat transfer gas supply hole is configured so that an inner diameter in the ceramic plate is smaller than an inner diameter in the base (as evidenced by Fig. 4a, through hole 210a has a smaller diameter in chuck 6 than in stage 2) [Chiba - Fig. 2, 4A & 0020]. Modified Chiba (Chiba modified by Kawakami and Chen) does not specifically disclose an upper surface of the second gas plug is in contact with a lower surface of the ceramic plate to surround an outer peripheral portion of the heat transfer gas supply hole in the lower surface of the ceramic plate. Although Anada does not specifically disclose "an upper surface of the second gas plug is in contact with a lower surface of the ceramic plate to surround an outer peripheral portion of the heat transfer gas supply hole in the lower surface of the ceramic plate," Anada does disclose that the diameter and length of a porous member are result effective variables. Specifically, the length and diameter of a porous member change the member's insulation breakdown voltage (wherein a higher insulation breakdown voltage reduces the likelihood of arcing) [Anada - 0005, 0011, 0129, 0183, 0233]. As such, It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to find a desired diameter and length for a porous member to obtain desired insulation breakdown voltages. It has been held that discovering an optimum value of a result-effective variable involves only routine skill in the art. See MPEP 2144.05. Furthermore, Pilgrim (US 20200105568) and Prouty et al. (US 20200373184) also disclose that having a porous member be in contact with other surfaces helps ensure a porous member is secure [Pilgrim - 0050; Prouty - 0046]. Samir further discloses that conduit and channel lengths are result effective variables. Specifically, channel length can be adjusted to adjust gas flow rate, and that conduit length can be adjusted to obtain a desired electric field permeation [Samir - 0017, 0074]. It would have been obvious to one of ordinary skill in the art to find a desired length for a gas insert to obtain a desired permeability and flow rate [Samir - 0017, 0074]. It is noted that adjusting gas member lengths and diameters could result in the porous body contacting a lower surface of an upper body, such as in Fig. 3F of Pilgrim [Pilgrim - Fig. 3B-3F & 0042-0043, 0050]. An example of this modification is outlined in the annotated drawings of Pilgrim above. Additionally/alternatively, Nozawa discloses that having members in a processing chamber be in contact without gaps can help improve thermal conduction [Nozawa - Col. 2 lines 20-30]. As such, it would be obvious to modify any of the members of Kawakami to have no gaps therebetween to improve heat transfer. Regarding Claim 6: Modified Chiba (Chiba modified by Kawakami, Chen, and Anada) does not specifically disclose wherein the first gas plug is disposed to have a gap between the first gas plug and an inner wall of the heat transfer gas supply hole. Samir teaches wherein the first gas plug is disposed to have a gap between the first gas plug and an inner wall of the heat transfer gas supply hole (as evidenced by Figs. 12-14, each plug has exterior channels, such as channels 407, that are disposed between an outer surface of each plug and an inner surface of dielectric member 417) [Fig. 12-14 & 0076]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify any of the members of Modified Chiba to comprise of outer flow paths, as in Samir, to minimize arcing [Samir - 0066, 0075, 0080]. Regarding Claim 7: Modified Chiba (Chiba modified by Kawakami, Chen, and Anada) does not specifically disclose wherein the third gas plug is disposed to have a gap between the third gas plug and an inner wall of the heat transfer gas supply hole. Samir teaches wherein the third gas plug is disposed to have a gap between the third gas plug and an inner wall of the heat transfer gas supply hole (as evidenced by Figs. 12-14, each plug has exterior channels, such as channels 407, that are disposed between an outer surface of each plug and an inner surface of dielectric member 417) [Fig. 12-14 & 0076]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify any of the members of Modified Chiba to comprise of outer flow paths, as in Samir, to minimize arcing [Samir - 0066, 0075, 0080]. Regarding Claim 8: Chiba does not specifically disclose wherein the heat transfer gas is supplied to the support surface through an inside of the second gas plug. Kawakami teaches wherein the heat transfer gas is supplied to the support surface through an inside of the second gas plug (conduction holes 62 and 72 accommodate a gas flow path) [Kawakami - Fig. 2 & Col. 8 lines 12-20]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify member of Chiba to comprise of three separate members, as in Kawakami, since utilizing a plurality of flow path members allows for more convenient control over conductance by changing the combination thereof [Kawakami - Col. 8 lines 57-65]. Modified Chiba (Chiba modified by Kawakami, Chen, and Anada) does not specifically disclose wherein the heat transfer gas is supplied to the support surface through the gap between the third gas plug and the inner wall of the heat transfer gas supply hole, and a gap between the first gas plug and the inner wall of the heat transfer gas supply hole. Samir teaches wherein the heat transfer gas is supplied to the support surface through the gap (exterior channels 407) between the third gas plug and the inner wall of the heat transfer gas supply hole and a gap between the first gas plug and the inner wall of the heat transfer gas supply hole (heat transfer gas travels through exterior channels 407) [Fig. 12 & 0079]. It would have been obvious to one of ordinary skill in the art before the effective fling date of the invention, to modify any of the members of Modified Chiba to have members with outside channels for gas flow, as in Samir, because such is a suitable block used to accommodate heat transfer gas flow [Samir - 0073]. It is noted that the plugs of Kawakami is capable of utilizing multiple different combinations of plugs since it discloses two different types of plugs [Kawakami - Col. 9 lines 1-14]. Regarding Claim 9: Chiba does not specifically disclose wherein a lower surface of the first gas plug is in contact with an upper surface of the second gas plug, and a lower surface of the second gas plug is in contact with an upper surface of the third gas plug. Kawakami teaches wherein a lower surface of the first gas plug is in contact with an upper surface of the second gas plug, and a lower surface of the second gas plug is in contact with an upper surface of the third gas plug (as evidenced by Fig.2 and the annotated drawings above, the members 6 and 7 are in contact with each other via lower surfaces) [Fig. 2-7 & Col. 8 lines 35-49, Col. 9 lines 1-9]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify member of Chiba to comprise of three separate members, as in Kawakami, since utilizing a plurality of flow path members allows for more convenient control over conductance by changing the combination thereof [Kawakami - Col. 8 lines 57-65]. Regarding Claim 12: Modified Chiba does not specifically disclose wherein the porous resin is polyimide (PI),PTFE, polychlorotrifluoroethylene (PCTFE), perfluoroalkoxyalkane resin (PFA), polyetheretherketone (PEEK), polyetherimide (PEI), POM (polyoxymethylene, polyacetal, polyformaldehyde), methyl cellulose (MC) , polycarbonate (PC) , or polyphenylene sulfone (PPS). Kawakami teaches wherein the porous resin is polyimide (PI),PTFE, polychlorotrifluoroethylene (PCTFE), perfluoroalkoxyalkane resin (PFA), polyetheretherketone (PEEK), polyetherimide (PEI), POM (polyoxymethylene, polyacetal, polyformaldehyde), methyl cellulose (MC) , polycarbonate (PC) , or polyphenylene sulfone (PPS) (the members 6 and 7 may each be made of Teflon; a porous body may be used) [Fig. 2-7 & Col. 8 lines 35-49, Col. 9 lines 1-9]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify member of Chiba to comprise of three separate members, as in Kawakami, since utilizing a plurality of flow path members allows for more convenient control over conductance by changing the combination thereof [Kawakami - Col. 8 lines 57-65] . 07-21-aia AIA Claim (s) 13-21 and 24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chiba et al. (WO 2019244631) in view of Kawakami et al. (US 5542559), Chen et al. (US 20090145553), Cho et al. (US 20170352568), Anada et al. (US 20160276198 ), Samir et al. (US 20090086401), and Nozawa et al. (US 5290381), with Pilgrim (US 20200105568) and Prouty et al. (US 20200373184) as evidentiary references. Chiba et al. (US 20200335384) is an English language equivalent and is herein used as a translation for Chiba et al. (WO 2019244631) . Regarding Claim 13: Chiba teaches a substrate support (mounting table 2) which disposed in the plasma processing container (process container 1) and has a support surface (mounting surface 21) on an upper portion of a base, wherein the substrate support includes [Fig. 1, 2 & 0015, 0033]: a heat transfer gas supply hole (through hole 210a) configured to supply a heat transfer gas from the base side to the support surface (a heat transfer gas such as helium gas is supplied to the back surface of the wafer W from the through hole 210a) [Fig. 4a & 0020, 0034]. Chiba does not specifically disclose a first gas plug (i) disposed in an opening of a ceramic plate provided on the support surface and in the heat transfer gas supply hole (ii), a second gas plug disposed under the first gas plug in the heat transfer gas supply hole, having a vertical outer wall in contact with an inner wall of the heat gas supply hole, being in contact with the first gas plug and a lower surface of the ceramic plate so as not to have a gap between the second gas plug and the first gas plug, having a diameter larger than an inner diameter of the heat transfer gas supply hole, and a third gas plug disposed under the second gas plug in the heat transfer gas supply hole and made of polytetrafluoroethylene (PTFE). Kawakami teaches a first gas plug (the flowpath member 6 shown in the annotated drawings below) disposed in an opening of a ceramic plate (insulating member 4) provided on the support surface (upper surface of insulating member 4; it is noted that the flowpath members 6, 7 and 8 can be provided at not only the position shown within the gas supply conduit 5 but also a position closer to the electrostatic chuck. For instance, they may be positioned in the region of the accumulator space 53) and in the heat transfer gas supply hole (ii), a second gas plug (the flow path member 7 highlighted in the drawings below) disposed under the first gas plug in the heat transfer gas supply hole, having a vertical outer wall in contact with an inner wall of the heat gas supply hole (as evidenced by Fig. 2 and the annotated drawings below, the flow path members 7 are in contact with an inner wall of the gas supply conduit 5), being in contact with the first gas plug and a lower surface of the ceramic plate so as not to have a gap between the second gas plug and the first gas plug (as evidenced by Fig. 2 and the annotated drawings below, the second member contacts the first member. Furthermore, the second member can comprise of a porous plug, as shown in Fig. 7. The porous plug shown in Fig. 7 has no recess, and would therefore not have a gap between it and the first member), having a diameter larger than an inner diameter of the heat transfer gas supply hole (as evidenced by Fig. 2, the flow path members 7 have diameters larger than an inner diameter of the gas flowpath 52), and a third gas plug (the flow path member 6 highlighted in the drawings below) disposed under the second gas plug in the heat transfer gas supply hole and made of polytetrafluoroethylene (PTFE) (the members 6 and 7 may each be made of Teflon) [Fig. 2-7 & Col. 8 lines 35-49, Col. 9 lines 1-9]. PNG media_image1.png 661 703 media_image1.png Greyscale It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify member of Chiba to comprise of three separate members, as in Kawakami, since utilizing a plurality of flow path members allows for more convenient control over conductance by changing the combination thereof [Kawakami - Col. 8 lines 57-65]. Modified Chiba does not specifically disclose a first gas plug made of silicon carbide. Chen teaches a first gas plug made of silicon carbide (member 176 may be composed of PTFE or silicon carbide) [Fig. 3 & 0042]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the members of Modified Chiba to be made of silicon carbide or Teflon, since Chen discloses that such are suitable materials for insertable members in a gas flow path [Chen - 0042]. It has been held that selecting a known material on the basis of suitability for the intended use involves only routine skill in the art [MPEP 2144.07]. It's also noted that Chiba states that its member 220 can be made of silicon carbide or Teflon [Chiba - 0039]. Modified Chiba (Chiba modified by Kawakami and Chen) does not specifically disclose a second gas plug made of porous resin. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify second gas plug of Modified Chiba to comprise of a porous resin (such as PEEK), as in Cho, since such is a suitable material for a porous gas plug [Cho - 0031]. It has been held that selecting a known material on the basis of suitability for the intended use involves only routine skill in the art [MPEP 2144.07]. Modified Chiba (Chiba modified by Kawakami, Chen, and Cho) does not specifically disclose a second gas plug disposed under the first gas plug in the heat transfer gas supply hole in contact with the first gas plug and a lower surface of the ceramic plate. Although Anada does not specifically disclose "a second gas plug disposed under the first gas plug in the heat transfer gas supply hole in contact with the first gas plug and a lower surface of the ceramic plate so as not to have a gap between the second gas plug the lower surface of the ceramic plate," Anada does disclose that the diameter and length of a porous member are result effective variables. Specifically, the length and diameter of a porous member change the member's insulation breakdown voltage (wherein a higher insulation breakdown voltage reduces the likelihood of arcing) [Anada - 0005, 0011, 0129, 0183, 0233]. As such, It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to find a desired diameter and length for a porous member to obtain desired insulation breakdown voltages. It has been held that discovering an optimum value of a result-effective variable involves only routine skill in the art. See MPEP 2144.05. Furthermore, Pilgrim (US 20200105568) and Prouty et al. (US 20200373184) also disclose that having a porous member be in contact with other surfaces helps ensure a porous member is secure [Pilgrim - 0050; Prouty - 0046]. Samir further discloses that conduit and channel lengths are result effective variables. Specifically, channel length can be adjusted to adjust gas flow rate, and that conduit length can be adjusted to obtain a desired electric field permeation [Samir - 0017, 0074]. It would have been obvious to one of ordinary skill in the art to find a desired length for a gas insert to obtain a desired permeability and flow rate [Samir - 0017, 0074]. It is noted that adjusting gas member lengths and diameters could result in the porous body contacting a lower surface of an upper body, such as in Fig. 3F of Pilgrim [Pilgrim - Fig. 3B-3F & 0042-0043, 0050]. An example of this modification is outlined in the annotated drawings of Pilgrim below. Additionally/alternatively, Nozawa discloses that having members in a processing chamber be in contact without gaps can help improve thermal conduction [Nozawa - Col. 2 lines 20-30]. As such, it would be obvious to modify any of the members of Kawakami to have no gaps therebetween to improve heat transfer. Regarding Claim 14: Chiba does not specifically disclose wherein the second gas plug is disposed so as not to have a gap between the second gas plug and an inner wall of the heat transfer gas supply hole. Kawakami teaches wherein the second gas plug is disposed so as not to have a gap between the second gas plug and an inner wall of the heat transfer gas supply hole (as evidenced by the annotated drawings above and Fig. 2, the member 7 does not have a gap between it and the inner wall of conduit 5) [Fig. 2 & Col. 5 lines 40-54]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify member of Chiba to comprise of three separate members, as in Kawakami, since utilizing a plurality of flow path members allows for more convenient control over conductance by changing the combination thereof [Kawakami - Col. 8 lines 57-65]. Regarding Claim 15: Modified Chiba (Chiba modified by Kawakami, Chen, and Anada) does not specifically disclose wherein a length of the first gas plug is at least a length corresponding to a thickness of a ceramic plate provided on the support surface in the heat transfer gas supply hole. Although Samir does not specifically disclose "wherein a length of the first gas plug is at least a length corresponding to a thickness of a ceramic plate provided on the support surface in the heat transfer gas supply hole,” Samir does disclose that conduit and channel lengths are result effective variables. Specifically, channel length can be adjusted to adjust gas flow rate, and that conduit length can be adjusted to obtain a desired electric field permeation [Samir - 0017, 0074]. It would have been obvious to one of ordinary skill in the art to find a desired length for a gas insert to obtain a desired permeability and flow rate [Samir - 0017, 0074]. It has been held that discovering an optimum value of a result-effective variable involves only routine skill in the art. See MPEP 2144.05. Regarding Claim 16: Chiba teaches wherein the ceramic plate is an electrostatic chuck having an electrode therein (the electrostatic chuck 6 includes an electrode 6a inserted in an insulator 6b, and a DC power supply 12 is connected to the electrode 6a) [Chiba - Fig. 2, 4B & 0018]. Regarding Claim 17: Chiba teaches wherein the heat transfer gas supply hole is configured so that an inner diameter in the ceramic plate is smaller than an inner diameter in the base (as evidenced by Fig. 4a, through hole 210a has a smaller diameter in chuck 6 than in stage 2) [Fig. 2, 4A & 0020]. Modified Chiba (Chiba modified by Kawakami and Chen) does not specifically disclose and an upper surface of the second gas plug is in contact with a lower surface of the ceramic plate to surround an outer peripheral portion of the heat transfer gas supply hole in the lower surface of the ceramic plate. Although Anada does not specifically disclose "an upper surface of the second gas plug is in contact with a lower surface of the ceramic plate to surround an outer peripheral portion of the heat transfer gas supply hole in the lower surface of the ceramic plate," Anada does disclose that the diameter and length of a porous member are result effective variables. Specifically, the length and diameter of a porous member change the member's insulation breakdown voltage (wherein a higher insulation breakdown voltage reduces the likelihood of arcing) [Anada - 0005, 0011, 0129, 0183, 0233]. As such, It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to find a desired diameter and length for a porous member to obtain desired insulation breakdown voltages. It has been held that discovering an optimum value of a result-effective variable involves only routine skill in the art. See MPEP 2144.05. Furthermore, Pilgrim (US 20200105568) and Prouty et al. (US 20200373184) also disclose that having a porous member be in contact with other surfaces helps ensure a porous member is secure [Pilgrim - 0050; Prouty - 0046]. Samir further discloses that conduit and channel lengths are result effective variables. Specifically, channel length can be adjusted to adjust gas flow rate, and that conduit length can be adjusted to obtain a desired electric field permeation [Samir - 0017, 0074]. It would have been obvious to one of ordinary skill in the art to find a desired length for a gas insert to obtain a desired permeability and flow rate [Samir - 0017, 0074]. It is noted that adjusting gas member lengths and diameters could result in the porous body contacting a lower surface of an upper body, such as in Fig. 3F of Pilgrim [Pilgrim - Fig. 3B-3F & 0042-0043, 0050]. An example of this modification is outlined in the annotated drawings of Pilgrim above. Additionally/alternatively, Nozawa discloses that having members in a processing chamber be in contact without gaps can help improve thermal conduction [Nozawa - Col. 2 lines 20-30]. As such, it would be obvious to modify any of the members of Kawakami to have no gaps therebetween to improve heat transfer. Regarding Claim 18: Modified Chiba (Chiba modified by Kawakami, Chen, and Anada) does not specifically disclose wherein the first gas plug is disposed to have a gap between the first gas plug and an inner wall of the heat transfer gas supply hole. Samir teaches wherein the first gas plug is disposed to have a gap between the first gas plug and an inner wall of the heat transfer gas supply hole (as evidenced by Figs. 12-14, each plug has exterior channels, such as channels 407, that are disposed between an outer surface of each plug and an inner surface of dielectric member 417) [Fig. 12-14 & 0076]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify any of the members of Modified Chiba to comprise of outer flow paths, as in Samir, to minimize arcing [Samir - 0066, 0075, 0080]. Regarding Claim 19: Modified Chiba (Chiba modified by Kawakami, Chen, and Anada) does not specifically disclose wherein the third gas plug is disposed to have a gap between the third gas plug and an inner wall of the heat transfer gas supply hole. Samir teaches wherein the third gas plug is disposed to have a gap between the third gas plug and an inner wall of the heat transfer gas supply hole (as evidenced by Figs. 12-14, each plug has exterior channels, such as channels 407, that are disposed between an outer surface of each plug and an inner surface of dielectric member 417) [Fig. 12-14 & 0076]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify any of the members of Modified Chiba to comprise of outer flow paths, as in Samir, to minimize arcing [Samir - 0066, 0075, 0080]. Regarding Claim 20: Chiba does not specifically disclose wherein the heat transfer gas is supplied to the support surface through an inside of the second gas plug. Kawakami teaches wherein the heat transfer gas is supplied to the support surface through an inside of the second gas plug (conduction holes 62 and 72 accommodate a gas flow path) [Kawakami - Fig. 2 & Col. 8 lines 12-20]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify member of Chiba to comprise of three separate members, as in Kawakami, since utilizing a plurality of flow path members allows for more convenient control over conductance by changing the combination thereof [Kawakami - Col. 8 lines 57-65]. Modified Chiba (Chiba modified by Kawakami, Chen, and Anada) does not specifically disclose w herein the heat transfer gas is supplied to the support surface through the gap between the third gas plug and the inner wall of the heat transfer gas supply hole, and a gap between the first gas plug and the inner wall of the heat transfer gas supply hole. Samir teaches wherein the heat transfer gas is supplied to the support surface through the gap (exterior channels 407) between the third gas plug and the inner wall of the heat transfer gas supply hole and a gap between the first gas plug and the inner wall of the heat transfer gas supply hole (heat transfer gas travels through exterior channels 407) [Fig. 12 & 0079]. It would have been obvious to one of ordinary skill in the art before the effective fling date of the invention, to modify any of the members of Modified Chiba to have members with outside channels for gas flow, as in Samir, because such is a suitable block used to accommodate heat transfer gas flow [Samir - 0073]. It is noted that the plugs of Kawakami is capable of utilizing multiple different combinations of plugs since it discloses two different types of plugs [Kawakami - Col. 9 lines 1-14]. Regarding Claim 21: Chiba does not specifically disclose wherein a lower surface of the first gas plug is in contact with an upper surface of the second gas plug, and a lower surface of the second gas plug is in contact with an upper surface of the third gas plug. Kawakami teaches wherein a lower surface of the first gas plug is in contact with an upper surface of the second gas plug, and a lower surface of the second gas plug is in contact with an upper surface of the third gas plug (as evidenced by Fig.2 and the annotated drawings above, the members 6 and 7 are in contact with each other via lower surfaces) [Fig. 2-7 & Col. 8 lines 35-49, Col. 9 lines 1-9]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify member of Chiba to comprise of three separate members, as in Kawakami, since utilizing a plurality of flow path members allows for more convenient control over conductance by changing the combination thereof [Kawakami - Col. 8 lines 57-65]. Regarding Claim 24: Modified Chiba does not specifically disclose wherein the porous resin is polyimide (PI),PTFE, polychlorotrifluoroethylene (PCTFE), perfluoroalkoxyalkane resin (PFA), polyetheretherketone (PEEK), polyetherimide (PEI), POM (polyoxymethylene, polyacetal, polyformaldehyde), methyl cellulose (MC) , polycarbonate (PC) , or polyphenylene sulfone (PPS). Kawakami teaches wherein the porous resin is polyimide (PI),PTFE, polychlorotrifluoroethylene (PCTFE), perfluoroalkoxyalkane resin (PFA), polyetheretherketone (PEEK), polyetherimide (PEI), POM (polyoxymethylene, polyacetal, polyformaldehyde), methyl cellulose (MC) , polycarbonate (PC) , or polyphenylene sulfone (PPS) (the members 6 and 7 may each be made of Teflon; a porous body may be used) [Fig. 2-7 & Col. 8 lines 35-49, Col. 9 lines 1-9]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify member of Chiba to comprise of three separate members, as in Kawakami, since utilizing a plurality of flow path members allows for more convenient control over conductance by changing the combination thereof [Kawakami - Col. 8 lines 57-65]. Response to Arguments Applicant' s arguments, see Remarks, filed 05/07/2026, with respect to the rejection of claims 1-9, 12-21, and 24 under 35 USC 103 have been fully considered but are not persuasive. Applicant argues that Chiba et al. (WO 2019244631) cannot be modified to comprise the gas plug of Kawakami et al. (US 5542559) because the second flowpath member 7 of Kawakami is completely different from the embedded member 220 of Chiba. The examiner respectfully disagrees, as both structures can be considered “gas plugs” as they are both direct gas flow in a gas flow path. For example, the embedded member 220 of Chiba facilitates a heat transfer gas path [Kawakami – Fig. 2 & 0041]. As such, one of ordinary skill in the art would reasonably consider other gas plugs (such as the second flowpath member 7) as analogous structures. It’s also noted that the applicant has not specifically explained how the embedded member 220 of Chiba is “completely different structure” and “functions in a completely different manner” from the flowpath member 7 of Kawakami. As such, in the absence of further explanation/evidence, the examiner is maintaining the assertion that the two structures would not be considered completely different by those of ordinary skill in the art. 07-37-02 Furthermore, the test for obviousness is not whether the features of a secondary reference may be bodily incorporated into the structure of the primary reference; nor is it that the claimed invention must be expressly suggested in any one or all of the references. Rather, the test is what the combined teachings of the references would have suggested to those of ordinary skill in the art. See In re Keller , 642 F.2d 413, 208 USPQ 871 (CCPA 1981). Applicant argues that the combination of references does not specifically disclose “a second gas plug made of a porous resin.” This argument has been fully considered but is moot because the argument does not apply to the combination of references being used in the current rejection. The teachings of Cho et al. (US 20170352568) remedy anything lacking in the combination of references as applied above the top amended claims. Applicant argues that the combination of references does not specifically disclose “a second gas plug disposed under the first gas plug in the heat transfer gas supply hole, having a vertical outer wall in contact with an inner wall of the heat gas supply hole, being in contact with the first gas plug and a lower surface of the ceramic plate so as not to have a gap between the second gas plug and the first gas plug or a gap between the second gas plug and the lower surface of the ceramic plate, having a diameter larger than an inner diameter of the heat transfer gas supply hole.” The examiner respectfully disagrees. Firstly, as evidenced by Fig. 2 of Kawakami and the annotated drawings below, the flow path members 7 are in contact with an inner wall of the gas supply conduit 5 and the second member contacts the first member. Furthermore, the second member can comprise of a porous plug, as shown in Fig. 7. The porous plug shown in Fig. 7 has no recess, and would therefore not have a gap between it and the first member As such, the combination of references discloses “having a vertical outer wall in contact with an inner wall of the heat gas supply hole, being in contact with the first gas plug and a lower surface of the ceramic plate so as not to have a gap between the second gas plug and the first gas plug. PNG media_image1.png 661 703 media_image1.png Greyscale Secondly, Anada discloses that the diameter and length of a porous member are result effective variables. Specifically, the length and diameter of a porous member change the member's insulation breakdown voltage (wherein a higher insulation breakdown voltage reduces the likelihood of arcing) [Anada - 0005, 0011, 0129, 0183, 0233]. As such, It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to find a desired diameter and length for a porous member to obtain desired insulation breakdown voltages. It has been held that discovering an optimum value of a result-effective variable involves only routine skill in the art. See MPEP 2144.05. Furthermore, Pilgrim (US 20200105568) and Prouty et al. (US 20200373184) also disclose that having a porous member be in contact with other surfaces helps ensure a porous member is secure [Pilgrim - 0050; Prouty - 0046]. It is noted that adjusting gas member lengths and diameters could result in the porous body contacting a lower surface of an upper body, such as in Fig. 3F of Pilgrim [Pilgrim - Fig. 3B-3F & 0042-0043, 0050]. As such, the combination of references would disclose “so as not to have a gap between the second gas plug and the first gas plug or a gap between the second gas plug and the lower surface of the ceramic plate.” Thirdly, the applicant argues that Kawakami relies upon recesses 61, 62, and conduction hole 72 to function, and as such, cannot be modified to have no gaps. The examiner respectfully disagrees; the recesses in the embodiment of Fig. 2 of Kawakami are required to facilitate gas flows between the members 7, however, modification of the of the members 7 to be porous would allow for gas flow to continue even without recesses between the members. Fourthly, as evidenced by Fig. 2, the flow path members 7 of Kawakami have diameters larger than an inner diameter of the gas flowpath 52. As such, the combination of references discloses “a diameter larger than an inner diameter of the heat transfer gas supply hole.” It is noted that the applicant has not specifically explained how exactly the combination of references would not disclose the added amendments. As such, in the absence of any reasoned rebuttal, the Examiner has no choice but to maintain the previous rejections. Conclusion 07-40 AIA 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 JOSHUA NATHANIEL PINEDA REYES whose telephone number is (571)272-4693. The examiner can normally be reached Monday - Friday 8 AM to 4:30 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, Gordon Baldwin can be reached at (571) 272-5166. 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. /J.R./Examiner, Art Unit 1718 /GORDON BALDWIN/Supervisory Patent Examiner, Art Unit 1718 Application/Control Number: 17/848,596 Page 2 Art Unit: 1718 Application/Control Number: 17/848,596 Page 3 Art Unit: 1718 Application/Control Number: 17/848,596 Page 4 Art Unit: 1718 Application/Control Number: 17/848,596 Page 5 Art Unit: 1718 Application/Control Number: 17/848,596 Page 6 Art Unit: 1718 Application/Control Number: 17/848,596 Page 7 Art Unit: 1718 Application/Control Number: 17/848,596 Page 8 Art Unit: 1718 Application/Control Number: 17/848,596 Page 9 Art Unit: 1718 Application/Control Number: 17/848,596 Page 10 Art Unit: 1718 Application/Control Number: 17/848,596 Page 11 Art Unit: 1718 Application/Control Number: 17/848,596 Page 12 Art Unit: 1718 Application/Control Number: 17/848,596 Page 13 Art Unit: 1718 Application/Control Number: 17/848,596 Page 14 Art Unit: 1718 Application/Control Number: 17/848,596 Page 15 Art Unit: 1718 Application/Control Number: 17/848,596 Page 16 Art Unit: 1718 Application/Control Number: 17/848,596 Page 17 Art Unit: 1718 Application/Control Number: 17/848,596 Page 18 Art Unit: 1718 Application/Control Number: 17/848,596 Page 19 Art Unit: 1718 Application/Control Number: 17/848,596 Page 20 Art Unit: 1718 Application/Control Number: 17/848,596 Page 21 Art Unit: 1718 Application/Control Number: 17/848,596 Page 22 Art Unit: 1718 Application/Control Number: 17/848,596 Page 23 Art Unit: 1718 Application/Control Number: 17/848,596 Page 24 Art Unit: 1718 Application/Control Number: 17/848,596 Page 25 Art Unit: 1718 Application/Control Number: 17/848,596 Page 26 Art Unit: 1718 Application/Control Number: 17/848,596 Page 27 Art Unit: 1718 Application/Control Number: 17/848,596 Page 28 Art Unit: 1718 Application/Control Number: 17/848,596 Page 29 Art Unit: 1718 Application/Control Number: 17/848,596 Page 30 Art Unit: 1718 Application/Control Number: 17/848,596 Page 31 Art Unit: 1718
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