DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Election/Restrictions
Applicant’s election without traverse of Species I, Species A in the reply filed on May 13, 2025 is acknowledged.
Claims 7-8 and 10-11 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Claims 10-11 are withdrawn since they are directed towards nonelected Species II-IV.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
Support unit 200 in claims 1, 15, 20, which has been interpreted as an electrostatic chuck and equivalents thereof (i.e. mechanical clamping, vacuum clamping), as set forth, e.g., in the specification at paragraph [0048].
Heating unit 500 in claims 13 and 20, which have been interpreted as a flash lamp generating a flash light, a microwave unit generating a microwave, and a laser unit generating and transmitting a laser or the like and equivalents thereof, as set forth, e.g., in the specification at paragraph [0061].
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Interpretation
Claim 1 recites the limitation, “a first electrode pattern and a second electrode pattern interleaved with each other”. Merriam Webster indicates that the definition of “interleaved” is to arrange in or as if in alternate layers. Additionally, paragraph [0069] of the specification indicates the semi-circular portions of the first electrode pattern and the semi-circular portions of the second electrode pattern are alternatively arrange. The first electrode pattern 422-1 and the second electrode pattern 422-2 are alternately disposed without overlapping each other. Therefore, the limitation “a first electrode pattern and a second electrode pattern interleaved with each other” is interpreted to mean that a first electrode pattern and a second electrode pattern are alternatively arranged with each other.
Claim3 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.
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.
Claim(s) 1, 3-5, 9, 13-15, and 17-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fukuda (J.P.01-225127A) in view of (Hashiguchi et al. (U.S. 2014/0231251) and Kim et al. (K.R.1020210017300A) and Manabe (J.P.09-312271A).
Referring to Figure 1 below and pages 1-5, Fukuda discloses a substrate treating apparatus comprising: a chamber 14 having a treating space therein (page 2, line 12); a substrate support 162 within the treating space and configured to support a substrate (page 2, lines 33-34); and a plasma generation unit 16 configured to generate a plasma from a process gas supplied to the treating space (page 2, lines 13-15), wherein the plasma generation unit comprises, a bottom electrode member 162; a top electrode member 161 opposite the bottom electrode member, and a high frequency power source 24 configured to apply for applying a high frequency power to the top electrode member, and wherein the top electrode member comprises, a first plate 161a; and an electrode pattern 161b on the first plate (page 2, lines 13-15, 41-42).
Fukuda is silent on a support unit comprising an electrostatic chuck and equivalents thereof (i.e. mechanical clamping, vacuum clamping).
Referring to Figure 1 and paragraph [0061], Hashiguchi et al. teach a substrate treating apparatus wherein a support unit comprising an electrostatic chuck used to electrostatically hold the substrate. Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the support unit of Fukuda to comprise an electrostatic chuck as taught by Hashiguchi et al. in order to electrostatically hold the substrate. The resulting apparatus of Fukuda in view of Hashiguchi et al. would yield a support unit comprising an electrostatic chuck.
Fukuda is silent on the electrode pattern facing away from the treating space and a first electrode pattern and a second electrode pattern interleaved with each other and electrically insulated from each other; and a protective layer of an etching-resistant material on a surface of the first plate, the protective layer facing the treating space.
Referring to Figure 4 and paragraphs [0042]-[0053], Manabe teaches a substrate treating apparatus wherein a top electrode member comprises an electrode pattern on the first plate, an electrode pattern facing away from the treating space, and a first electrode pattern 6 and a second electrode pattern 6 electrically insulated from each other; and a protective layer 16 of an etching-resistant material on a surface of the first plate, the protective layer facing the treating space in order to generate plasma with increased electron density and uniformity (pars.[0043],[0050]). Referring to Figure 2, abstract, and page 5, lines 1-15, Kim et al. teach a substrate treating apparatus having a first electrode pattern and a second electrode pattern interleaved with each other and electrically insulated from each other as an alternate and suitable arrangement to generate plasma. Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the apparatus of Fukuda with the electrode pattern facing away from the treating space and a first electrode pattern and a second electrode pattern interleaved with each other and electrically insulated from each other; and a protective layer of an etching-resistant material on a surface of the first plate, the protective layer facing the treating space as taught by Manabe and Kim et al. in order to generate plasma with increased electron density and uniformity.
The resulting apparatus Fukuda in view of Manabe and Kim et al. would yield a top electrode member including an electrode pattern on the first plate and the electrode pattern facing away from the treating space and a first electrode pattern and a second electrode pattern interleaved with each other and electrically insulated from each other; and a protective layer of an etching-resistant material on a surface of the first plate, the protective layer facing the treating space.
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With respect to claim 3, the substrate treating apparatus of Fukuda in view of Manabe and Kim et al. further includes wherein the high frequency power source comprises a first high frequency power source 8 and a second high frequency power source 9 which are configured to supply a different frequency of high frequency power to the first electrode pattern and the second electrode pattern (Manabe -Fig. 4, pars.[0043]-[0044]).
With respect to claims 4 and 18, the substrate treating apparatus of Fukuda further includes wherein the electrode pattern 161b is made of and/or comprises a transparent electrode (page 2, lines 22-24).
With respect to claims 5 and 19, the substrate treating apparatus of Fukuda further includes wherein the transparent electrode is formed of an ITO, an MnSnO, a CNT, a ZnO, an IZO, an ATO, an SnO2, IrO2, RuO2, a graphene, a carbon nanotube (CNT), an AZO, an FTO, a GZO, an In2O3, an MgO, a conductive polymer, a metal nanowire, mixtures thereof, or multiple layers thereof (page 2, lines 22-24).
With respect to claim 9, the substrate treating apparatus of Fukuda includes further wherein the first plate 161a is made of and/or comprises a transparent material (page 2, lines 19-20).
With respect to claim 13, the substrate treating apparatus of Fukuda further comprising a heating unit 18 above the top electrode member and configured to irradiate irradiating an energy through the top electrode member to the substrate to heat the substrate (page 2, lines 42-44).
With respect to claim 14, the substrate treating apparatus of Fukuda further includes wherein the heating unit 18 is any one of a flash lamp, a microwave unit, or a laser unit (page 2, lines 42-44).
With respect to claim 15, referring to Figure 1 above and pages 1-5, Fukuda discloses a substrate treating apparatus comprising: a chamber 14 having a treating space therein (page 2, line 12); a substrate support 162 within the treating space and configured to support a substrate (page 2, lines 33-34); and a plasma generation unit 16 configured to generate a plasma from a process gas supplied to the treating space (page 2, lines 13-15), wherein the plasma generation unit comprises, a bottom electrode member 162; a top electrode member 161 opposite the bottom electrode member, and a high frequency power source 24 configured to apply for applying a high frequency power to the top electrode member, and wherein the top electrode member comprises, a first plate 161a; and an electrode pattern 161b on the first plate (page 2, lines 13-15, 41-42).
Fukuda is silent on a support unit comprising an electrostatic chuck and equivalents thereof (i.e. mechanical clamping, vacuum clamping).
Referring to Figure 1 and paragraph [0061], Hashiguchi et al. teach a substrate treating apparatus wherein a support unit comprising an electrostatic chuck used to electrostatically hold the substrate. Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the support unit of Fukuda to comprise an electrostatic chuck as taught by Hashiguchi et al. in order to electrostatically hold the substrate. The resulting apparatus of Fukuda in view of Hashiguchi et al. would yield a support unit comprising an electrostatic chuck.
Fukuda is silent on a plurality of electrode patterns stacked at the first plate; wherein the plurality of electrode patterns face away from the treating space, the plurality of electrode patterns are interleaved with each other, and in a plan view, the plurality of electrode patterns do not overlap each other; and a protective layer of an etching-resistant material on a surface of the first plate, the protective layer facing the treating space; and wherein the high frequency power source includes a plurality of high frequency power sources configured to apply for applying the high frequency power to at least one electrode pattern of the plurality of electrode patterns.
Referring to Figure 4 and paragraphs [0042]-[0053], Manabe teaches a substrate treating apparatus wherein a top electrode member comprises a plurality of electrode patterns 6 stacked at the first plate; wherein the plurality of electrode patterns face away from the treating space and the plurality of electrode patterns do not overlap each other; and a protective layer 16 of an etching-resistant material on a surface of the first plate, the protective layer facing the treating space, and wherein the high frequency power source includes a plurality of high frequency power sources 8, 9 configured to apply for applying the high frequency power to at least one of the electrode pattern of the plurality of electrode patterns in order to generate plasma with increased electron density and uniformity (pars.[0043],[0050]). Referring to Figure 2 and page 5, lines 1-15, Kim et al. teach a substrate treating apparatus having a first electrode pattern and a second electrode pattern interleaved with each other and electrically insulated from each other as an alternate and suitable arrangement to generate plasma. Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the apparatus of Fukuda to include a plurality of electrode patterns stacked at the first plate; wherein the plurality of electrode patterns face away from the treating space, the plurality of electrode patterns are interleaved with each other, and in a plan view, the plurality of electrode patterns do not overlap each other; and a protective layer of an etching-resistant material on a surface of the first plate, the protective layer facing the treating space; and wherein the high frequency power source includes a plurality of high frequency power sources configured to apply for applying the high frequency power to at least one electrode pattern of the plurality of electrode patterns as taught by Manabe and Kim et al. in order to generate plasma with increased electron density and uniformity. The resulting apparatus Fukuda in view of Manabe and Kim et al. would yield a top electrode member including a plurality of electrode patterns stacked at the first plate; wherein the plurality of electrode patterns face away from the treating space, the plurality of electrode patterns are interleaved with each other, and in a plan view, the plurality of electrode patterns do not overlap each other; and a protective layer of an etching-resistant material on a surface of the first plate, the protective layer facing the treating space; and wherein the high frequency power source includes a plurality of high frequency power sources configured to apply for applying the high frequency power to at least one electrode pattern of the plurality of electrode patterns.
With respect to claim 17, the substrate treating apparatus of Fukuda in view of Manabe and Kim et al. further includes wherein the plurality of high frequency power sources 8, 9 are configured to supply a different frequency of high frequency power (Manabe-pars. [0043]-[0044]).
With respect to claim 20, referring to Figure 1 above and pages 1-5, Fukuda discloses a substrate treating apparatus comprising: a chamber 14 having a treating space therein (page, line 12); a support plate 162 within the treating space and configured to support a substrate (page 2, lines 33-34); a plasma generation unit 16 configured to generate a plasma from a process gas supplied to the treating space and including a bottom electrode member 162, a top electrode member 161 opposite from the bottom electrode member, and a high frequency power source 24 configured to apply applying a high frequency power to the top electrode member (page 2, lines 41-42); and a heating unit 18 above the top electrode member and configured to irradiate irradiating an energy to heat the substrate, the energy being transmitted through the top member (page 2, lines 42-44), wherein the top electrode member comprises, a first plate 161a; and an electrode pattern 161b on the first plate, composed of a transparent electrode (page 2, lines 13-15, 22-24, 41-42).
Fukuda is silent on a support unit comprising an electrostatic chuck and equivalents thereof (i.e. mechanical clamping, vacuum clamping).
Referring to Figure 1 and paragraph [0061], Hashiguchi et al. teach a substrate treating apparatus wherein a support unit comprising an electrostatic chuck used to electrostatically hold the substrate. Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the support unit of Fukuda to comprise an electrostatic chuck as taught by Hashiguchi et al. in order to electrostatically hold the substrate. The resulting apparatus Fukuda in view of Hashiguichi et al. would yield a support unit comprising an electrostatic chuck.
Fukuda is silent on the electrode pattern facing away from the treating space; a first electrode pattern and a second electrode pattern interleaved with each other and electrically insulated from each other; and a protective layer of an etching-resistant material on a surface of the first plate, the protective layer facing the treating space, wherein the high frequency power source includes a first high frequency power source and a second high frequency power source, and wherein a first high frequency power supplied by the first high frequency power source and a second high frequency power supplied by the second high frequency power source are supplied to have a same frequency and a time difference with respect to each other, or the first high frequency power supplied by the first high frequency power source and the second high frequency power supplied by the second high frequency power source are supplied to be different.
Referring to Figure 4 and paragraphs [0042]-[0053], Manabe teaches a substrate treating apparatus wherein a top electrode member comprises a first electrode pattern 6 and a second electrode pattern 6 and facing away from the treating space; and a protective layer 16 of an etching-resistant material on a surface of the first plate, the protective layer facing the treating space; wherein the high frequency power source includes a first high frequency power source and a second high frequency power source, and wherein the first high frequency power supplied by the first high frequency power source and the second high frequency power supplied by the second high frequency power source are supplied to be different in order to generate plasma with increased electron density and uniformity (pars.[0043],[0050]). Referring to Figure 2 and page 5, lines 1-15, Kim et al. teach a substrate treating apparatus having a first electrode pattern and a second electrode pattern interleaved with each other and electrically insulated from each other as an alternate and suitable arrangement to generate plasma. Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the apparatus of Fukuda to include an electrode pattern facing away from the treating space; a first electrode pattern and a second electrode pattern interleaved with each other and electrically insulated from each other; and a protective layer of an etching-resistant material on a surface of the first plate, the protective layer facing the treating space, wherein the high frequency power source includes a first high frequency power source and a second high frequency power source, and wherein a first high frequency power supplied by the first high frequency power source and a second high frequency power supplied by the second high frequency power source are supplied to have a same frequency and a time difference with respect to each other, or the first high frequency power supplied by the first high frequency power source and the second high frequency power supplied by the second high frequency power source are supplied to be different as taught by Manabe and Kim et al. in order to generate plasma with increased electron density and uniformity. The resulting apparatus Fukuda in view of Manabe and Kim et al. would yield a top electrode member including a first electrode pattern and a second electrode pattern, wherein the high frequency power source includes a first high frequency power source and a second high frequency power source, and wherein a first high frequency power supplied by the first high frequency power source and a second high frequency power supplied by the second high frequency power source are supplied to have a same frequency and a time difference with respect to each other, or the first high frequency power supplied by the first high frequency power source and the second high frequency power supplied by the second high frequency power source are supplied to be different.
Claim(s) 2 and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fukuda (J.P.01-225127A) in view of Hashiguchi et al. (U.S. 2014/0231251) and Manabe (J.P.09-312271A) as applied to claims 1, 3-5, 9, 13-15, and 17-20 above, and further in view of Collins et al. (U.S. 2018/0308667).
The teachings of Fukuda in view of Hashiguichi et al. and Manabe have been discussed above.
Fukuda in view of Hashiguichi et al. and Manabe fails to teach wherein the high frequency power source is configured to supply a same frequency of high frequency power to the first electrode pattern and the second electrode pattern with a predetermined time interval.
Referring to Figure 5B and paragraph [0100], Collins et teach a substrate treating apparatus wherein the high frequency power source is configured to supply a same frequency of high frequency power to the first electrode pattern and the second electrode pattern with a predetermined time interval as a conventional frequency range used to generate plasma. Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the high frequency power source of Fukuda in view of Hashiguichi et al. and Manabe fails to teach wherein the high frequency power source is configured to supply a same frequency of high frequency power to the first electrode pattern and the second electrode pattern with a predetermined time interval as taught by Collins et al. since it is a conventional frequency range used to generate plasma. Therefore, the resulting apparatus of Fukuda in view of Hashiguichi et al., Manabe, and Collins et al. wherein the high frequency power source is configured to supply a same frequency of high frequency power to the first electrode pattern and the second electrode pattern with a predetermined time interval.
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fukuda (J.P.01-225127A) in view of Hashiguchi et al. (U.S. 2014/0231251) and (Manabe (J.P.09-312271A) and Kim et al. (K.R.1020210017300A)) as applied to claims 1, 3-5, 9, 13-15, and 17-20 above, and further in view of (Takebayashi et al. (U.S. 2022/0246451) or Hosokawa (J.P. 2013134814A))
The teachings of Fukuda in view of Hashiguichi et al. and (Manabe and Kim et al.) have been discussed above.
Fukuda in view of Hashiguichi et al. and (Manabe and Kim et al.) fails to teach wherein the first electrode pattern and the second electrode pattern comprises a bar-shaped connection portion and a plurality of pairs of semi-circular portions, respectively, adjacent pairs of the semi-circular portions being spaced apart from each other, two semi-circular potions in a given pair of the semi- circular portions extending from opposite sidewalls of the bar-shaped connection portion toward each other to define a gap therebetween, the bar-shaped connection portion of the first electrode pattern and the bar-shaped connection portion of the second electrode pattern being disposed in line such that the semi-circular portions of the first electrode pattern and the semi-circular portions of the second electrode pattern are alternatively arranged.
Referring to Figure 7 and paragraphs [0040]-[0041], Takebayashi et al. teach a substrate treating apparatus wherein the first electrode pattern and the second electrode pattern comprises a bar-shaped connection portion and a plurality of pairs of semi-circular portions, respectively, adjacent pairs of the semi-circular portions being spaced apart from each other, two semi-circular potions in a given pair of the semi- circular portions extending from opposite sidewalls of the bar-shaped connection portion toward each other to define a gap therebetween, the bar-shaped connection portion of the first electrode pattern and the bar-shaped connection portion of the second electrode pattern being disposed in line such that the semi-circular portions of the first electrode pattern and the semi-circular portions of the second electrode pattern are alternatively arranged as a conventionally known shape used to control the plasma in different regions. Referring to Figure 2 and abstract, Hosokawa teach a substrate treating apparatus wherein the first electrode pattern and the second electrode pattern comprises a bar-shaped connection portion and a plurality of pairs of semi-circular portions, respectively, adjacent pairs of the semi-circular portions being spaced apart from each other, two semi-circular potions in a given pair of the semi- circular portions extending from opposite sidewalls of the bar-shaped connection portion toward each other to define a gap therebetween, the bar-shaped connection portion of the first electrode pattern and the bar-shaped connection portion of the second electrode pattern being disposed in line such that the semi-circular portions of the first electrode pattern and the semi-circular portions of the second electrode pattern are alternatively arranged as a conventionally known shape used to control the plasma in different regions.
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the electrode pattern of Fukuda in view of Hashiguichi et al. and (Manabe and Kim et al.) with wherein the first electrode pattern and the second electrode pattern comprises a bar-shaped connection portion and a plurality of pairs of semi-circular portions, respectively, adjacent pairs of the semi-circular portions being spaced apart from each other, two semi-circular potions in a given pair of the semi- circular portions extending from opposite sidewalls of the bar-shaped connection portion toward each other to define a gap therebetween, the bar-shaped connection portion of the first electrode pattern and the bar-shaped connection portion of the second electrode pattern being disposed in line such that the semi-circular portions of the first electrode pattern and the semi-circular portions of the second electrode pattern are alternatively arranged as taught by Takebayashi et al. or Hosokawa since it is a conventionally known shape used to control the plasma in different regions.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1, 4-5, 9, and 13 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-15 and 18-19 of copending Application No. 17/895540 in view of Manabe (J.P.09-312271A).
Referring to claims 1 and 4-14, copending Application No. 17/895540 discloses a substrate treating apparatus comprising: a chamber having a treating space therein; a support unit within the treating space and configured to support a substrate; and a plasma generation unit configured to generate a plasma from a process gas supplied to the treating space, wherein the plasma generation unit comprises, a bottom electrode member; a top electrode member opposite the bottom electrode member, and a high frequency power source configured to apply for applying a high frequency power to the top electrode member, and wherein the top electrode member comprises: a first plate; an electrode pattern on the first plate and including a first electrode pattern and a second electrode pattern interleaved with each other; and a protective layer of an etching-resistant material on a surface of the first plate, the protective layer facing the treating space.
copending Application No. 17/895540 is silent on an electrically insulated first electrode pattern and a second electrode pattern.
Referring to Figure 4 and paragraphs [0042]-[0053], Manabe teaches a substrate treating apparatus wherein a top electrode member comprises an electrode pattern on the first plate, the electrode pattern facing away from the treating space and including electrically insulated a first electrode pattern 6 and a second electrode pattern 6 in order to generate plasma with increased electron density and uniformity (pars.[0043],[0050]). Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the top electrode member of copending Application No. 17/895540 to include an electrode pattern on the first plate and including electrically insulated a first electrode pattern and a second electrode pattern as taught by Manabe in order to generate plasma with increased electron density and uniformity. The resulting apparatus of copending Application No. 17/895540 in view of Manabe would yield a top electrode member including an electrode pattern on the first plate and including electrically insulated a first electrode pattern and a second electrode pattern.
With respect to claim 4, the substrate treating apparatus of copending Application No. 17/895540 further includes wherein the electrode pattern is made of and/or comprises a transparent electrode (claim 2).
With respect to claim 5, the substrate treating apparatus of Fukuda further includes wherein the transparent electrode is formed of an ITO, an MnSnO, a CNT, a ZnO, an IZO, an ATO, an SnO2, IrO2, RuO2, a graphene, a carbon nanotube (CNT), an AZO, an FTO, a GZO, an In2O3, an MgO, a conductive polymer, a metal nanowire, mixtures thereof, or multiple layers thereof (claim 3).
With respect to claim 9, the substrate treating apparatus of copending Application No. 17/895540 further includes wherein the first plate is made of and/or comprises a transparent material (claim 15).
With respect to claim 13, the substrate treating apparatus of copending Application No. 17/895540 further comprising a heating unit 18 positioned above the top electrode member and configured to irradiate irradiating an energy through the top electrode member to the substrate to heat the substrate (claims 19-20).
This is a provisional nonstatutory double patenting rejection.
Response to Arguments
Applicant’s arguments have been considered but are moot because the new reference Kim et al. teach a first electrode pattern and a second electrode pattern interleaved with each other.
Conclusion
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.
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/Michelle CROWELL/Examiner, Art Unit 1716
/SYLVIA MACARTHUR/Primary Examiner, Art Unit 1716