DETAILED ACTION
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 (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.
Status of Claims
3. This action is in response to Applicant’s Response dated 02/20/2026.
4. Claims 1, 6-8, 10-11, and 14 are currently pending.
5. Claims 1, 6, 8, 11, and 14 have been amended.
6. Claims 2-5, 9, 12-13, and 15-20 have been cancelled.
Continued Examination Under 37 CFR 1.114
7. 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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 02/20/2026 has been entered.
Claim Rejections - 35 USC § 103
8. 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.
9. 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.
10. Claim(s) 1, 6-8, 10-11, and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over An et al (US 2021/0098232) in view of Blonigan (US 7,270,713) and Yu et al (US 2021/0335586).
Regarding claim 1:
An teaches a substrate treating apparatus (substrate processing apparatus, 100) [fig 1 & 0020], comprising: a chamber (process chamber, 110) having an inner space (PGR/GMR/PR) [fig 1 & 0023]; an upper electrode (113) configured to receive power (via 140) [fig 1 & 0032]; a shower head (shower head, 117) under the upper electrode (113) and configured to partition the inner space (PGR/GMR/PR) into an upper first zone (PGR/GMR) and a lower second zone (PR), the shower head (117) including a plurality of first through holes (H4) [fig 1 & 0023, 0041]; a support unit (pedestal, 119) configured to support a substrate (substrate, 100) in the lower second zone (PR) [fig 1 & 0023]; a gas supply unit (gas supply unit, 120/130) configured to supply gas to the upper first zone (PGR/GMR) [fig 1 & 0021]; an ion blocker (115) between the upper electrode (113) and the shower head (117) and configured to be grounded (ground plate), the ion blocker (115) dividing the upper first zone (PGR/GMR) into a plasma formation space (PGR) and a mixing space (GMR), the plasma formation space (PGR) defined between the upper electrode (113) and the ion blocker (115) and in which plasma is generated by exciting the gas (plasma may be generated), the mixing space (GMR) defined between the ion blocker (115) and the shower head (117) [fig 1 & 0032, 0034]; a wall (wall between 115 and 117) on the shower head (117), the wall (wall between 115 and 117) defining a closed space such that the wall defines a side boundary of the mixing space (GMR), the ion blocker (115) defines an upper boundary of the mixing space (GMR), and the shower head (117) defines a lower boundary of the mixing space (GMR) [fig 1 & 0034].
An does not specifically teach an adsorption plate provided on an upper surface of the shower head such that the adsorption plate is directly exposed to the mixing sapce, wherein a surface of the adsorption plate is provided with a material that adsorbs radicals contained in the plasma, wherein the surface of the adsorption plate includes a first material different from a second material of the shower head, wherein the first material of the adsorption plate includes nickel (Ni) or titanium (Ti).
Blonigan teaches an adsorption plate (tuning plate, 202) provided on an upper surface of the shower head (diffuser plate, 204) such that the adsorption plate (202) is directly exposed to the mixing space (plenum, 308), wherein a surface of the adsorption plate is provided with a material that adsorbs radicals contained in the plasma (tuning plate, 202, may be fabricated from nickel) [fig 2B & col 4-5, lines 63-3 and col 6, lines 9-28], wherein the surface of the adsorption plate includes a first material (tuning plate, 202, may be fabricated from nickel) different from a second material of the shower head (204 may be fabricated from aluminum), wherein the first material of the adsorption plate includes nickel (Ni) or titanium (Ti) (tuning plate, 202, may be fabricated from nickel) [fig 2B & col 6, lines 9-28 and 65-66].
It would have been obvious to one skilled in the art before the effective filing date to the shower head of An to include an adsorption plate coupled thereto, as in Blonigan, to minimize possible particulate generation and contamination during fabrication that may be released during processing and to advantageously allow gas flow characteristics to be adjusted by replacing one plate of the assembly [Blonigan – col 10, lines 21-38].
An modified by Blonigan does not specifically teach the wall on the shower head being a heater configured to adjust a temperature of the mixing space.
Yu teaches a wall being a heater (heat exchanger, 141, can be disposed in one or more components of the lid assembly 104 – in at least some embodiments, 141 can be disposed within walls) configured to adjust a temperature of the mixing space [fig 1 & 0039].
It would have been obvious to one skilled in the art before the effective filing date to modify the wall defining a closed space such that the heater defines a side boundary of the mixing space of modified An to be a heater, as in Yu, to heat the shower head to a desired temperature [Yu – 0039].
The claim limitations “wherein the gas contains a fluorine element, and the radicals contain a fluorine radical” and “wherein the gas further contains hydrogen ions” do not impart any additional structure. Expressions relating the apparatus to contents thereof during an intended operation are of no significance in determining patentability of the apparatus claim. Ex parte Thibault, 164 USPQ 666, 667 (Bd. App. 1969).
The claim limitations “the adsorption plate is capable of adsorbing the fluorine radical” and “the adsorption plate adsorbs hydrogen ions in the gas” are functional limitations and do not impart any additional structure. While features of an apparatus may be recited either structurally or functionally, claims directed to an apparatus must be distinguished from the prior art in terms of structure rather than function. In re Schreiber, 128 F.3d 1473, 1477-78, 44 USPQ2d 1429, 1431-32 (Fed. Cir. 1997). Since the structure of the prior art teaches all structural limitations of the claim, the same is considered capable of meeting the functional limitations. Where the claimed and prior art apparatus are identical or substantially identical in structure, a prima facie case of either anticipation or obviousness has been established. In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977).
Regarding claim 6:
Modified An teaches the adsorption plate (202) is in contact with the upper surface of the shower head (204) [Blonigan - fig 2B & col 4-5, lines 63-3 and col 6, lines 9-28].
Regarding claim 7:
Modified An teaches the adsorption plate (202) is configured to be detachable (see fig 2B) from the shower head (204) [Blonigan - fig 2B & col 4-5, lines 63-3 and col 6, lines 9-28].
Regarding claim 8:
Modified An teaches the adsorption plate (202) includes a plurality of second through holes (218), and the plurality of second through holes (218) overlap the plurality of first through holes (250) in plan view (see fig 2B) [Blonigan - fig 2B & col 5, lines 10-23].
Regarding claim 10:
An teaches the gas supply unit (120/130) includes: a first gas supply unit (120) configured to supply first gas to the plasma formation space (PGR) [fig 1 & 0021]; and a second gas supply unit (130) configured to supply second gas to the mixing space (GMR), a plasma source (113/115) comprises the ion blocker (115) and the upper electrode (113) and is configured to excite the first gas to form the plasma, and the ion blocker (115) is configured to trap ions included in the plasma formed in the plasma formation space (PGR) and allow the radicals to pass to the mixing space (GMR) [fig 1 & 0021, 0032].
Regarding claim 11:
An teaches a substrate treating apparatus (substrate processing apparatus, 100) [fig 1 & 0020], comprising: a chamber (process chamber, 110) having an inner space (PGR/GMR/PR) [fig 1 & 0023]; a support unit (pedestal, 119) configured to support a substrate (substrate, 100) in the inner space (PGR/GMR/PR) [fig 1 & 0023]; an upper electrode (113) configured to receive high-frequency power (via 140) [fig 1 & 0032]; a shower head (shower head, 117) under the upper electrode (113) and above the support unit (119), the shower head (117) configured to partition the inner space (PGR/GMR/PR) into an upper first zone (PGR/GMR) and a lower second zone (PR), the shower head (117) including a plurality of first through holes (H4) [fig 1 & 0023, 0041]; an ion blocker (115) between the upper electrode (113) and the shower head (117) and configured to be grounded (ground plate), the ion blocker (115) dividing the upper first zone (PGR/GMR) into a plasma formation space (PGR) and a mixing space (GMR) [fig 1 & 0032, 0034]; a first gas supply unit (120) configured to supply first gas to the plasma formation space (PGR) between the upper electrode (113) and the ion blocker (115) [fig 1 & 0023]; a second gas supply unit (130) configured to supply second gas to the mixing space (GMR) between the ion blocker (115) and the shower head (117) [fig 1 & 0023]; a wall (wall between 115 and 117) on the shower head (117), the wall (wall between 115 and 117) defining a closed space such that the wall defines a side boundary of the mixing space (GMR), the ion blocker (115) defines an upper boundary of the mixing space (GMR), and the shower head (117) defines a lower boundary of the mixing space (GMR) [fig 1 & 0034]; and wherein upper electrode (113) and the ion blocker (115) define the plasma formation space (PGR) in which a plasma is generated from the first gas (plasma may be generated in the PGR), the ion blocker (115) and the shower head (117) define the mixing space (GMR) in which radicals included in the plasma and the second gas react with each other to generate an etchant (etchant, E), a substrate treating region (PR), in which the substrate (1000) is to be treated by the etchant (E), is provided under the shower head (117) [fig 1 & 0032, 0034, 0040].
An does not specifically teach an adsorption plate provided on an upper surface of the shower head such that the adsorption plate is directly exposed to the mixing space, and a surface of the adsorption plate includes a material capable of adsorbing specific ions contained in the first gas and the second gas, and the radicals, and wherein the material of the adsorption plate includes nickel (Ni) or titanium (Ti).
Blonigan teaches an adsorption plate (tuning plate, 202) provided on an upper surface of the shower head (diffuser plate, 204) such that the adsorption plate is directly exposed to the mixing space (plenum, 308), and a surface of the adsorption plate includes a material capable of adsorbing specific ions contained in the first gas and the second gas, and the radicals (tuning plate, 202, may be fabricated from nickel), and wherein the material of the adsorption plate includes nickel (Ni) or titanium (Ti) (tuning plate, 202, may be fabricated from nickel) [fig 2B & col 4-5, lines 63-3 and col 6, lines 9-28].
It would have been obvious to one skilled in the art before the effective filing date to the shower head of An to include an adsorption plate coupled thereto, as in Blonigan, to minimize possible particulate generation and contamination during fabrication that may be released during processing and to advantageously allow gas flow characteristics to be adjusted by replacing one plate of the assembly [Blonigan – col 10, lines 21-38].
An modified by Blonigan does not specifically teach the wall on the shower head being a heater configured to adjust a temperature of the mixing space.
Yu teaches a wall being a heater (heat exchanger, 141, can be disposed in one or more components of the lid assembly 104 – in at least some embodiments, 141 can be disposed within walls) configured to adjust a temperature of the mixing space [fig 1 & 0039].
It would have been obvious to one skilled in the art before the effective filing date to modify the wall defining a closed space such that the heater defines a side boundary of the mixing space of modified An to be a heater, as in Yu, to heat the shower head to a desired temperature [Yu – 0039].
The claim limitations “wherein the specific ions include a hydrogen ion and the radicals include a fluorine radical” do not impart any additional structure. Expressions relating the apparatus to contents thereof during an intended operation are of no significance in determining patentability of the apparatus claim. Ex parte Thibault, 164 USPQ 666, 667 (Bd. App. 1969).
Regarding claim 14:
Modified An teaches the adsorption plate (202) is configured to be detachable (see fig 2B) from the shower head (204) [Blonigan - fig 2B & col 4-5, lines 63-3 and col 6, lines 9-28], the adsorption plate (202) includes a plurality of second through holes (218), and the plurality of first through holes (250) overlap the plurality of second through holes (218) in plan view (see fig 2B) [Blonigan - fig 2B & col 5, lines 10-23], and a first diameter of each of the plurality of second through holes (218) is larger than (see fig 3) a second diameter of each of the plurality of first through holes (250) [Blonigan – fig 3 & col 6, lines 9-28].
Response to Arguments
11. Applicant’s arguments, see Remarks, filed 02/20/2026, with respect to the rejection of claim(s) 11-14 under 35 USC 112(b) have been fully considered and are persuasive. The rejection of claim(s) 11-14 under 35 USC 112(b) has been withdrawn in view of the amendments to claim(s) 11.
12. Applicant’s arguments, see Remarks, filed 02/20/2026, with respect to the rejection of claim(s) 1-8 and 10-14 under 35 USC 103 have been fully considered but they are not persuasive.
a) Applicant argues that heater 141 of Yu is merely embedded in the chamber wall and thus fails to define the closed space as required by claims 1 and 11.
In response, it is noted that 141 of Yu is a heating element [fig 1 & 0039]. The wall with a heating element therein has been interpreted to correspond to the claimed “heater”. Specifically, Yu teaches a wall being a heater (heat exchanger, 141, can be disposed in one or more components of the lid assembly 104 – in at least some embodiments, 141 can be disposed within walls) [fig 1 & 0039].
It would have been obvious to one skilled in the art before the effective filing date to modify the wall defining a closed space such that the heater defines a side boundary of the mixing space of modified An to be a heater (by including 141 of Yu therein) to heat the shower head to a desired temperature [Yu – 0039].
b) Applicant argues that the cited art, whether alone or in combination, fails to teach or suggest “an adsorption plate provided on an upper surface of the shower head such that the adsorption plate is directly exposed to the mixing space” as required by claims 1 and 11.
In response, examiner disagrees. Applicant has failed to consider the combination of references. 117 of An was modified to include 206 of Blonigan coupled to a top surface thereof for the purpose of minimizing possible particulate generation and contamination during fabrication that may be released during processing and to advantageously allow gas flow characteristics to be adjusted by replacing one plate of the assembly [Blonigan – col 10, lines 21-38].
Such a modification results in adsorption plate 206 directly exposed to the mixing space GMR of An. The test for obviousness is not 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).
Conclusion
13. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Arai et al (US 6,110,287), Matsuki et al (US 6,830,007), Yuda (US 2001/0003014), Choi et al (US 2004/0206305), Seo et al (US 2014/0283746), Ashtiani et al (US 2016/0013020), and Ma et al (US 2018/0230597) teach a substrate treating apparatus [fig 13, 2, 6, 5, 13, 2A, and 1, respectively].
14. All claims are identical to or patentably indistinct from, or have unity of invention with claims in the application prior to the entry of the submission under 37 CFR 1.114 (that is, restriction (including a lack of unity of invention) would not be proper) and all claims could have been finally rejected on the grounds and art of record in the next Office action if they had been entered in the application prior to entry under 37 CFR 1.114. Accordingly, THIS ACTION IS MADE FINAL even though it is a first action after the filing of a request for continued examination and the submission under 37 CFR 1.114. See MPEP § 706.07(b). 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.
15. Any inquiry concerning this communication or earlier communications from the examiner should be directed to BENJAMIN R KENDALL whose telephone number is (571)272-5081. The examiner can normally be reached Mon - Thurs 9-5 EST.
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/Benjamin Kendall/Primary Examiner, Art Unit 2896