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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 12/04/2025 has been entered.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Response to Arguments
Claim(s) 2-4, 8 is/are cancelled.
Claim(s) 1, 7 is/are amended.
Applicant’s arguments regarding amendments with respect to the pending claims have been considered but are moot because the arguments based on the amendments do not apply to the current rejection. The amendments in the claims are rejected by previously relied on references below.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1, 5-6 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Claim 1 recites “outer inflow space is configured to receive the inert gas exclusively.” There is no support for “exclusively,” in the disclosure.
Claims 7 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Claim 1 recites “outer inflow space is configured to receive the inert gas exclusively.” There is no support for “exclusively,” in the disclosure.
Claim Rejections - 35 USC § 103
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 (i.e., changing from AIA to pre-AIA ) 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.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1, 5-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 20160289831 to Je.
Claims 1, 7: Je discloses a substrate processing apparatus comprising: a chamber (10/20, Fig. 1) in which a process is performed on a substrate (W [substrate], para. [0032]); a susceptor (30 [susceptor]) installed in the chamber (10/20) to support the substrate (W); and a showerhead (60/20) installed above the susceptor (30), wherein the showerhead (60/20) comprises: a plurality of inner injection holes (inner 65 [injection holes]) defined in an inner area (inner part of 60) corresponding to a portion above the substrate (portion above W) and configured to inject a reaction gas downward; a plurality of outer injection holes (outer 65) defined in an outer area (outer 60) corresponding to a portion outside the inner area and considered capable to be configured to inject an inert gas along an inner wall of the chamber (inner wall of 10/20, para. [0033]);
an accommodation space (recess of 60 [showerhead]) recessed from a top surface of the showerhead (top of 60), the accommodation space (recess of 60) being partitioned into an inflow space (space above 73 or 71) disposed at an upper portion of the accommodation space (upper portion of recess of 60) and a diffusion space (77 [lower buffer space]) disposed at a lower portion of the accommodation space by a block plate (73/71 [lower plate]/[upper plate], para. [0035]) installed in the accommodation space,
wherein the block plate (73/70a or 71/70b) includes a shaped partition wall (78/72 [lower inner partition member]/[upper inner partition member]) that partitions the inflow space (space above 73 or 71) into an inner inflow space (79a or 75a/75b [upper central regions]) and an outer inflow space (79b or 79c [edge regions]), wherein the inner inflow space (space above 73 or 71) which corresponds to the inner injection holes (inner 65) and is configured to receive the reaction gas and the outer inflow space (79b or 79c) which corresponds to the outer injection holes (outer 65) and is considered capable to be configured to receive the inert gas (para. [0033] where inert gas can be injected);
wherein the diffusion space (77) is a common unpartitioned space (77) in fluid communication with both the inner inflow space (79a or 75a/75b) and the outer inflow (79b or 79c) space such that both the reaction gas and the inert gas flow into to the diffusion space before being injected downward through the inner and outer injection holes (para. [0043-0044]).
However Je does not explicitly disclose receiving the inert gas exclusively. Yet Je, already teaches these intended use limitations, as the apparatus is capable of performing as necessary for the purpose of artificially adjusting to form a thin film having a uniform thickness (para. [0044]). The courts have held that 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. MPEP 2114 II.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to incorporate the use of the chamber as taught by Je with motivation to artificially adjust to form a thin film having a uniform thickness.
Claims 2-4: (Cancelled).
Claim 5: The apparatus of Je discloses further comprising a
chamber lid (20 [upper chamber], Fig. 1, Je) installed on the showerhead (60/20) to isolate the accommodation space (recess of 60) from the outside (Fig. 1), wherein the chamber lid (20) has an inner gas port (40b or 40c [gas supply ports]) communicating with the inner inflow space (79a or 75a/75b) and an outer gas port (40a or 40d [gas supply ports]) communicating with the outer inflow space (79b or 79c).
Claim 6: The apparatus of Je discloses, wherein the inner area (inner 60, Fig. 1, Je) has a circular shape and the outer area (outer 60, Je) has a ring shape (Fig. 1).
Claim 8: (Cancelled).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Charlee J. C. Bennett whose telephone number is (571)270-7972. The examiner can normally be reached M-Th 10am-6pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Gordon Baldwin can be reached on 5712725166. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Charlee J. C. Bennett/Primary Examiner, Art Unit 1718