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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 12/30/2025 has been entered.
Claim Status
Claims 1-2, 6-10, and 20-22 are pending.
Claims 1, 6-8, and 20 are currently amended.
Claims 21-22 are newly added.
Claim Interpretation
Regarding claim 1, the Examiner notes that for limitations such as “the microwave power generator is configured to sweep a microwave having a first bandwidth between a first frequency and a second frequency, wherein the second frequency is higher than the first frequency, sweep the microwave having the first bandwidth a plural number of times for a set time, derive a plurality of modes under a condition of frequency sweeping the first bandwidth such that the plurality of modes have corresponding heating profiles, and generate a final heating profile based on the heating profiles of the plurality of modes” no particular structural elements (for instance, a controller or computer utilizing programming) are recited or disclosed as performing the limitations. Giving the broadest reasonable interpretation to the claim, the Examiner interprets the limitations, such as “derive a plurality of modes…” and “generate a final heating profile…” as being able to be performed manually by a person having ordinary skill in the art using data from a read out. Accordingly, such limitations are being considered as intended use and are given patentable weight to the extent that the prior art is capable of performing the intended use. A claim containing a “recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus” if the prior art apparatus teaches all the structural limitations of the claim. See MPEP 2114(II). Similar limitations are also recited in claims 6, 7 and 20 and are given the same interpretation.
Also regarding claim 1, the limitation “heating profile” deviates from the ordinary definition of a heating profile, for instance, wherein the temperature output resulting from unique heater control produces a heating profile. As best can be understood from the claims and instant specification, the “heating profile” is an action of the generator running at a specific frequency or frequencies. The limitation is interpreted as such in claim 1, and in subsequent claims.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-2, 6-10, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Kim (KR 20180109291 A), and further in view of Kaplan (US 20190080886 A1), with Iwao (US 20180218883 A1) as a supporting reference.
Regarding claim 1, Kim teaches a substrate treating apparatus (Fig. 1, [0024], substrate processing apparatus 10) comprising:
a process chamber having a treating space therein for treating a substrate (Fig. 1, [0024]-[0025], process chamber 100 has process space 101 where processing of wafer W is performed); and
a substrate support unit configured to support the substrate in the treating space (Fig. 1, [0029], substrate support unit 200 supports substrate W in processing space 101);
a microwave application unit configured to apply a microwave to the treating space (Fig. 1, [0034], microwave application unit 400 transmits microwaves to processing space 101 via inner conductor 434, [0039]), the microwave application unit includes a microwave power generator (Fig. 1, [0034], microwave generator 410).
Kim fails to teach the microwave application unit includes a microwave power generator based on a solid state device,
the microwave power generator is configured to sweep a microwave having a first bandwidth between a first frequency and a second frequency, wherein the second frequency is higher than the first frequency,
sweep the microwave having the first bandwidth a plural number of times for a set time,
derive a plurality of modes under a condition of frequency sweeping the first bandwidth such that the plurality of modes have corresponding heating profiles, and
generate a final heating profile based on the heating profiles of the plurality of modes.
However, Kaplan teaches the microwave application unit includes a microwave power generator based on a solid state device (Kaplan, Fig. 1, [0047], solid-state microwave generator),
the microwave power generator is configured to sweep a microwave having a first bandwidth between a first frequency and a second frequency (Kaplan, [0016], dynamic frequency sweeping across an entire band, or selected portions of a band), wherein the second frequency is higher than the first frequency (Kaplan, [0072], example of a frequency band is 2400 to 2500 MHz),
sweep the microwave having the first bandwidth a plural number of times for a set time (Kaplan, [0072], with a 10 ms step dwell time, the entire band can be swept in 1.01s seconds, and the system can execute continuous sweeps, [0076], [0090]),
derive a plurality of modes under a condition of frequency sweeping the first bandwidth such that the plurality of modes have corresponding heating profiles (Kaplan, [0077], as frequency is swept across defined ISM band, the power return loss is calculated and stored per each swept frequency increment), and
generate a final heating profile based on the heating profiles of the plurality of modes (Kaplan, [0086], at end of scan, the memory array will contain a map of the return loss across the ISM band, and the band map can be set such that power is outputted only at certain frequencies that have been identified as exhibiting favorable impedance matches or energy distributions, and skipping other frequencies that do not have favorable impedance matches or energy distributions, [0091]).
Kaplan is considered analogous art to the claimed invention because it is in the same field of microwave processing. It would have been obvious to replace the generator of Kim with the solid state generator and associated controlling systems of Kaplan as doing so would allow one to identify favorable frequencies of a power applied to an applicator (Kaplan, [0077]) and subsequently only apply powers at those favorable frequencies (Kaplan, [0091]).
While Kaplan does not explicitly state that the band map is a “heating profile”, Kaplan states that when the operating frequency of a microwave generator is swept across the band, the phase and modes of the intersecting waves in the applicator move around. As a result, interference nodes of high and low energy change locations in the three-dimensional space of the applicator. This results in more uniform heating of material inside the applicator, often eliminating the need for mechanical wave stirrers or turntables with a resulting reduction in cost and complexity (Kaplan, [0011]). One ordinarily skilled in the art would therefore be capable of editing the band map with the motivation to output power only at frequencies that produce favorable uniform heating.
In further support, reference Iwao teaches an apparatus where a controller varies the microwave frequency within a defined bandwidth, where thermocouples provide temperature measurements back to the controller, and the controller contains a database comparing plasma density values vs frequency (Iwao, [0065]-[0067]) such that relations between the applied frequency and resulting temperature can be established.
To clarify the record, the limitations “the microwave power generator is configured to sweep a microwave having a first bandwidth between a first frequency and a second frequency, wherein the second frequency is higher than the first frequency, sweep the microwave having the first bandwidth a plural number of times for a set time, derive a plurality of modes under a condition of frequency sweeping the first bandwidth such that the plurality of modes have corresponding heating profiles, and generate a final heating profile based on the heating profiles of the plurality of modes“ is merely an intended use and is given patentable weight to the extent that the prior art is capable of performing the intended use. The apparatus of Kaplan teaches a generator and associated controllers that can sweep power in incremental steps across a frequency band, record values from sensors per each frequency in a band map, repeat the operation continuously, and edit the band map such that power at only certain frequencies are outputted, thereby being capable of meeting the claim limitations. A claim containing a “recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus” if the prior art apparatus teaches all the structural limitations of the claim. See MPEP 2114(II).
Regarding claim 2, Kim fails to teach wherein the solid state device comprises a gallium nitride (GaN) device.
However, Kaplan teaches wherein the solid state device comprises a gallium nitride (GaN) device (Kaplan, [0049], multiple power transistors of GaN type are used).
It would have been obvious to replace the generator of Kim with the solid state generator and associated controlling systems of Kaplan as doing so would allow one to identify favorable frequencies of a power applied to an applicator (Kaplan, [0077]) and subsequently only apply powers at those favorable frequencies (Kaplan, [0091]).
Regarding claim 6, Kim fails to teach wherein a sum of a plurality of modes is the final heating profile, and
wherein the plurality of modes are determined in a different number according to a shape of the treating space such that a first number of a first mode is determined for a first shape, and a second number of the first mode and a third number of a second mode is determined for a second shape.
However, Kaplan teaches wherein a sum of a plurality of modes is the final heating profile (Kaplan, [0086], at end of scan, the memory array will contain a map of the return loss across the ISM band, and the band map can be set such that power is outputted only at certain frequencies that have been identified as exhibiting favorable impedance matches or energy distributions, and skipping other frequencies that do not have favorable impedance matches or energy distributions, [0091]), and
wherein the plurality of modes are determined in a different number according to a shape of the treating space (Kaplan, [0010]-[0011], when performing frequency sweeping mapping, the phase and modes of the intersecting waves in the applicator move around the three-dimensional space of the applicator) that a first number of a first mode is determined for a first shape (Kaplan, Fig. 3, [0063], data for all modes across a frequency band are input into the band map), and a second number of the first mode and a third number of a second mode is determined for a second shape (Kaplan, Fig. 3, [0063], data for all modes across a frequency band are input into the band map, where the distribution of electromagnetic energy in the three dimensional space within the applicator changes with the geometry of the applicator, [0010], and where the apparatus can be used with various applicators, ovens, or loads, Fig. 1, [0049]).
It would have been obvious to replace the generator of Kim with the solid state generator and associated controlling systems of Kaplan as doing so would allow one to identify favorable frequencies of a power applied to an applicator (Kaplan, [0077]) and subsequently only apply powers at those favorable frequencies (Kaplan, [0091]).
To clarify the record, the limitations “wherein a sum of a plurality of modes is the final heating profile, and wherein the plurality of modes are determined in a different number according to a shape of the treating space such that a first number of a first mode is determined for a first shape, and a second number of the first mode and a third number of a second mode is determined for a second shape“ is merely an intended use and is given patentable weight to the extent that the prior art is capable of performing the intended use. The apparatus of Kaplan teaches a generator and associated controllers that can sweep power in incremental steps across a frequency band, record values from sensors per each frequency in a band map, repeat the operation continuously, and edit the band map such that power at only certain frequencies are outputted, and can be applied to various load types, thereby being capable of meeting the claim limitations. A claim containing a “recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus” if the prior art apparatus teaches all the structural limitations of the claim. See MPEP 2114(II).
Regarding claim 7, Kim fails to teach wherein a sum of a plurality of modes is the final heating profile, and wherein the plurality of modes are determined in a different number according to a width of the first bandwidth such that the number of modes increases in response to the width of the first bandwidth increasing.
However, Kaplan teaches wherein a sum of a plurality of modes is the final heating profile (Kaplan, [0086], at end of scan, the memory array will contain a map of the return loss across the ISM band, and the band map can be set such that power is outputted only at certain frequencies that have been identified as exhibiting favorable impedance matches or energy distributions, and skipping other frequencies that do not have favorable impedance matches or energy distributions, [0091]), and
wherein the plurality of modes are determined in a different number according to a width of the first bandwidth such that the number of modes increases in response to the width of the first bandwidth increasing (Kaplan, [0068]-[0072], sweep of a band of 902-928 MHz using 100 KHz steps results in 261 entries into the band map, while a sweep of a band of 2400-2500 MHz using 100 KHz steps results in 1001 entries into the band map).
It would have been obvious to replace the generator of Kim with the solid state generator and associated controlling systems of Kaplan as doing so would allow one to identify favorable frequencies of a power applied to an applicator (Kaplan, [0077]) and subsequently only apply powers at those favorable frequencies (Kaplan, [0091]).
To clarify the record, the limitations “wherein a sum of a plurality of modes is the final heating profile, and wherein the plurality of modes are determined in a different number according to a width of the first bandwidth such that the number of modes increases in response to the width of the first bandwidth increasing“ is merely an intended use and is given patentable weight to the extent that the prior art is capable of performing the intended use. The apparatus of Kaplan teaches a generator and associated controllers that can sweep power in incremental steps across a frequency band, record values from sensors per each frequency in a band map, repeat the operation continuously, and edit the band map such that power at only certain frequencies are outputted, thereby being capable of meeting the claim limitations. A claim containing a “recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus” if the prior art apparatus teaches all the structural limitations of the claim. See MPEP 2114(II).
Regarding claim 8, Kim teaches wherein the microwave application unit (Fig. 1, [0034], microwave application unit 400) comprises: a microwave antenna in a plate shape positioned above the substrate support unit (Fig. 2, [0034], metal layer 510 is located above substrate support unit 210, Fig. 1); a dielectric plate positioned on top of (Fig. 1, [0043], plate 600 is located above metal layer 510 and is dielectric) and beneath the microwave antenna (Fig. 1, [0043], dielectric plate 700 is located below metal layer 510); and an antenna rod transmitting a microwave generated at the microwave power generator to the microwave antenna (Fig. 1, [0039], microwaves from microwave generator 410 are transmitted to metal layer 510 via inner conductor rod 434).
Regarding claim 9, Kim teaches wherein the microwave application unit functions as a heating source for transmitting an energy for heating to the substrate ([0004], plasma created via the microwave-powered processing apparatus generates heat).
To clarify the record, the limitation “functions as a heating source for transmitting an energy for heating to the substrate “ is merely an intended use and is given patentable weight to the extent that the prior art is capable of performing the intended use. The microwave application unit of Kim generates plasma in the processing space where a substrate W is located, thereby being capable of heating the substrate. A claim containing a “recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus” if the prior art apparatus teaches all the structural limitations of the claim. See MPEP 2114(II).
Regarding claims 10, Kim teaches a gas supply unit for supplying a reaction gas to the treating space (Fig. 1, [0033], gas supply unit 300 supplies gas to process space 101), and wherein microwave application unit functions as a plasma source for exciting the reaction gas to a plasma state ([0046], microwaves are radiated into process chamber 100 via dielectric plate 700, where the process gas is converted into a plasma state).
Regarding claim 20, Kim teaches a substrate treating apparatus (Fig. 1, [0024], substrate processing apparatus 10) comprising:
a process chamber having a treating space therein for treating a substrate (Fig. 1, [0024]-[0025], process chamber 100 has process space 101 where processing of wafer W is performed);
a substrate support unit configured to support the substrate in the treating space (Fig. 1, [0029], substrate support unit 200 supports substrate W in processing space 101); and
a microwave application unit configured to apply a microwave to the treating space (Fig. 1, [0034], microwave application unit 400 transmits microwaves to processing space 101 via inner conductor 434, [0039]),
wherein the microwave application unit comprises a microwave power generator (Fig. 1, [0034], microwave generator 410).
Kim fails to teach wherein the microwave application unit comprises a microwave power generator based on a gallium nitride (GaN) solid state device,
wherein the microwave power generator sweeps a plurality of target sweeping frequencies existing at a first bandwidth between a first frequency and a second frequency which is higher than the first frequency,
wherein the number of target sweeping frequencies is determined differently according to a shape of the treating space and a width of the first bandwidth,
wherein the microwave power generator is configured to sweep the microwave having the first bandwidth a plural number of times for a set time,
derive a plurality of modes under a condition of frequency sweeping the first bandwidth such that the plurality of modes have corresponding heating profiles, and
generate a final heating profile based on the heating profiles of the plurality of modes,
wherein a first number of a first mode is determined for a first shape, and a second number of the first mode and a third number of a second mode is determined for a second shape, and
wherein the number of modes increases in response to the width of the first bandwidth increasing.
However, Kaplan teaches wherein the microwave application unit comprises a microwave power generator based on a gallium nitride (GaN) solid state device (Kaplan, [0047]-[0049], solid-state microwave generator using multiple power transistors of GaN type are used),
wherein the microwave power generator sweeps a plurality of target sweeping frequencies existing at a first bandwidth between a first frequency and a second frequency which is higher than the first frequency (Kaplan, [0016], dynamic frequency sweeping across an entire band, or selected portions of a band, where an example of a frequency band is 2400 to 2500 MHz, [0072]),
wherein the number of target sweeping frequencies is determined differently according to a shape of the treating space and a width of the first bandwidth (Kaplan, Fig. 3, [0063], data for all modes across a defined frequency band are input into the band map, where the distribution of electromagnetic energy in the three dimensional space within the applicator changes with the geometry of the applicator, [0010], and where the apparatus can be used with various applicators, ovens, or loads, Fig. 1, [0049]),
wherein the microwave power generator is configured to sweep the microwave having the first bandwidth a plural number of times for a set time (Kaplan, [0072], with a 10 ms step dwell time, the entire band can be swept in 1.01s seconds, and the system can execute continuous sweeps, [0076], [0090]),
derive a plurality of modes under a condition of frequency sweeping the first bandwidth such that the plurality of modes have corresponding heating profiles (Kaplan, [0077], as frequency is swept across defined ISM band, the power return loss is calculated and stored per each swept frequency increment), and
generate a final heating profile based on the heating profiles of the plurality of modes (Kaplan, [0086], at end of scan, the memory array will contain a map of the return loss across the ISM band, and the band map can be set such that power is outputted only at certain frequencies that have been identified as exhibiting favorable impedance matches or energy distributions, and skipping other frequencies that do not have favorable impedance matches or energy distributions, [0091]),
wherein a first number of a first mode is determined for a first shape (Kaplan, Fig. 3, [0063], data for all modes across a frequency band are input into the band map), and a second number of the first mode and a third number of a second mode is determined for a second shape (Kaplan, Fig. 3, [0063], data for all modes across a frequency band are input into the band map, where the distribution of electromagnetic energy in the three dimensional space within the applicator changes with the geometry of the applicator, [0010], and where the apparatus can be used with various applicators, ovens, or loads, Fig. 1, [0049]), and
wherein the number of modes increases in response to the width of the first bandwidth increasing (Kaplan, [0068]-[0072], sweep of a band of 902-928 MHz using 100 KHz steps results in 261 entries into the band map, while a sweep of a band of 2400-2500 MHz using 100 KHz steps results in 1001 entries into the band map).
It would have been obvious to replace the generator of Kim with the solid state generator and associated controlling systems of Kaplan as doing so would allow one to identify favorable frequencies of a power applied to an applicator (Kaplan, [0077]) and subsequently only apply powers at those favorable frequencies (Kaplan, [0091]).
While Kaplan does not explicitly state that the band map is a “heating profile”, Kaplan states that when the operating frequency of a microwave generator is swept across the band, the phase and modes of the intersecting waves in the applicator move around. As a result, interference nodes of high and low energy change locations in the three-dimensional space of the applicator. This results in more uniform heating of material inside the applicator, often eliminating the need for mechanical wave stirrers or turntables with a resulting reduction in cost and complexity (Kaplan, [0011]). One ordinarily skilled in the art would therefore be capable of editing the band map with the motivation to output power only at frequencies that produce favorable uniform heating.
In further support, reference Iwao teaches an apparatus where a controller varies the microwave frequency within a defined bandwidth, where thermocouples provide temperature measurements back to the controller, and the controller contains a database comparing plasma density values vs frequency (Iwao, [0065]-[0067]) such that relations between the applied frequency and resulting temperature can be established.
To clarify the record, the limitations “the microwave power generator is configured to sweep a microwave having a first bandwidth between a first frequency and a second frequency, wherein the second frequency is higher than the first frequency, sweep the microwave having the first bandwidth a plural number of times for a set time, derive a plurality of modes under a condition of frequency sweeping the first bandwidth such that the plurality of modes have corresponding heating profiles, and generate a final heating profile based on the heating profiles of the plurality of modes“ is merely an intended use and is given patentable weight to the extent that the prior art is capable of performing the intended use. The apparatus of Kaplan teaches a generator and associated controllers that can sweep power in incremental steps across a frequency band, record values from sensors per each frequency in a band map, repeat the operation continuously, and edit the band map such that power at only certain frequencies are outputted, and can be applied to various load types, thereby being capable of meeting the claim limitations. A claim containing a “recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus” if the prior art apparatus teaches all the structural limitations of the claim. See MPEP 2114(II).
Claims 21-22 are rejected under 35 U.S.C. 103 as being unpatentable over Kim (KR 20180109291 A), and further in view of Kaplan (US 20190080886 A1), with Asmussen (US 4777336 A) as a supporting reference.
The limitations of claims 1-2, 6-10, and 20 are set forth above.
Regarding claim 21, Kim fails to teach wherein the plurality of modes is at least one of a TM mode and a TE mode.
However, Kaplan teaches wherein the plurality of modes (Kaplan, Fig. 3, [0063], data for all modes across a frequency band are input into the band map) is at least one of a TM mode and a TE mode.
It would have been obvious to replace the generator of Kim with the solid state generator and associated controlling systems of Kaplan as doing so would allow one to identify favorable frequencies of a power applied to an applicator (Kaplan, [0077]) and subsequently only apply powers at those favorable frequencies (Kaplan, [0091]).
While Kaplan teaches that data for all modes across a frequency band are input into the band map, where the distribution of electromagnetic energy in the three dimensional space within the applicator changes with the geometry of the applicator, and where the apparatus can be used with various applicators, ovens, or loads, (Kaplan, [0010]-[0011], [0049]), Kaplan fails to explicitly teach wherein the plurality of modes is at least one of a TM mode and a TE mode. However, using Asmussen as a supporting reference, it is well known in the art that choosing TM or TE mode depends upon the shape of the load to which the electromagnetic waves are applied (Asmussen, Fig. 4, Fig. 7, C9 L16-42, TM mode or TE mode depends on whether load Bb or Ba is a slab or cylindrical shape). Therefore, one having ordinary skill in the art, when utilizing the apparatus of Kaplan on such loads as a slab or a cylinder, would necessarily encounter the various modes (such as TE and TM) and would choose them (corresponding to favorable frequencies) as appropriate for the applied load shape.
Regarding claim 22, Kim fails to teach wherein the first shape is a box shape and the second shape is a cylindrical shape.
However, Kaplan teaches wherein the first shape is a box shape and the second shape is a cylindrical shape (Kaplan, Fig. 1, [0049], load 30 can be applicator, oven or other load).
It would have been obvious to replace the generator of Kim with the solid state generator and associated controlling systems of Kaplan as doing so would allow one to identify favorable frequencies of a power applied to an applicator (Kaplan, [0077]) and subsequently only apply powers at those favorable frequencies (Kaplan, [0091]).
While Kaplan teaches that the apparatus can be applied to various loads such as an applicator, oven or other load, Kaplan fails to explicitly teach wherein the first shape is a box shape and the second shape is a cylindrical shape. However, it is well known in the art that microwave processing systems utilize chamber shapes such as square and cylindrical. For example, Asmussen, as a supporting reference, teaches conventional applicator types include a box shaped microwave oven cavity and cylindrical cavity (Asmussen, Figs. 2-2C,C1 L63-68), both of which would be compatible with the apparatus of Kaplan (Kaplan, Fig. 1, [0049], load 30 can be applicator, oven or other load).
Response to Arguments
The Examiner is withdrawing the 112(b) rejections to claims 6, 7, and 20 upon further consideration.
In the Applicant’s response filed 9/19/2025, the Applicant asserts that none of the cited prior art, particularly Duclos, teach the claim limitations “the microwave power generator is configured to...derive a plurality of modes under a condition of frequency sweeping the first bandwidth such that the plurality of modes have corresponding heating profiles, and generate a final heating profile based on the heating profiles of the plurality of modes” of independent claim 1, and similarly in claim 20, as newly amended. In response to the amendments, the Examiner has newly rejected the claims in the “Claims Rejections” sections above, thereby rendering the arguments moot. In addition, as explained in the “Claim Interpretation” section above, the Examiner would like to reiterate that such limitations are being interpreted as “intended use” in lieu of positive recitation of particular structural elements (for instance, a controller or computer utilizing programming) performing the limitations.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Chen (US 20150318148 A1) teaches microwave applied to plasma chamber that can be circular or rectangular in cross section.
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/TODD M SEOANE/Examiner, Art Unit 1718 /GORDON BALDWIN/Supervisory Patent Examiner, Art Unit 1718