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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 February 25, 2026 has been entered.
Claim Rejections - 35 USC § 102
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-11 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Yahata; Takashi et al. (US 20220090263 A1). Yahata teaches a substrate processing apparatus (Figure 4; [0068]) comprising: a chamber (100a,b; Figure 4; [0068]; 202; Figure 5; [0074]) providing a space for processing a substrate; a first nozzle unit (first 234b; Figure 4-Appplicant’s NU1; Figure 3) disposed inside the chamber (100a,b; Figure 4; [0068]; 202; Figure 5; [0074]);a second nozzle unit (second 234b; Figure 4-Appplicant’s NU2; Figure 3) disposed inside the chamber (100a,b; Figure 4; [0068]; 202; Figure 5; [0074]) and adjacent to the first nozzle unit (first 234b; Figure 4-Appplicant’s NU1; Figure 3); a remote plasma generator (124; Figure 4; [0068]-Applicant’s 240; Figure 1) disposed outside the chamber (100a,b; Figure 4; [0068]; 202; Figure 5; [0074]) and which converts a cleaning gas (123; Figure 4; [0068]) into a plasma state (252; Figure 5) ; a common pipe (122; Figure 3-Appplicant’s 340; Figure 3) disposed outside the chamber (100a,b; Figure 4; [0068]; 202; Figure 5; [0074]) and connected to the remote plasma generator (124; Figure 4; [0068]-Applicant’s 240; Figure 1) through which the cleaning gas (123; Figure 4; [0068]) in the plasma state (252; Figure 5) flows from the remote plasma generator (124; Figure 4; [0068]-Applicant’s 240; Figure 1); a first connection pipe (121a; Figure 4-Applicant’s 311; Figure 1,3) connecting the common pipe (122; Figure 3-Appplicant’s 340; Figure 3) and the first nozzle unit (first 234b; Figure 4-Appplicant’s NU1; Figure 3), and in which a first common valve (128a; Figure 4) is installed; a second connection pipe (121b; Figure 4-Applicant’s 312; Figure 1) connecting the common pipe (122; Figure 3-Appplicant’s 340; Figure 3) and the second nozzle unit (second 234b; Figure 4-Appplicant’s NU2; Figure 3), and in which a second common valve (128b; Figure 4) is installed; a source gas (133; Figure 4) supply pipe (112 via 176a,186a; Figure 4) connected (via 176a,186a) to the first connection pipe (121a; Figure 4-Applicant’s 311; Figure 1,3), not the second connection pipe (121b; Figure 4-Applicant’s 312; Figure 1), in an outside of the chamber (100a,b; Figure 4; [0068]; 202; Figure 5; [0074]), and which supplies a source gas (133; Figure 4) to the first connection pipe (121a; Figure 4-Applicant’s 311; Figure 1,3), wherein a first supply valve (160 or 116a; Figure 4) is installed in the source gas (133; Figure 4) supply pipe (112 via 176a,186a; Figure 4); and a reaction gas supply pipe (151b; Figure 4-Applicant’s 330; Figure 1) connected to the second connection pipe (121b; Figure 4-Applicant’s 312; Figure 1), not the first connection pipe (121a; Figure 4-Applicant’s 311; Figure 1,3), in the outside of the chamber (100a,b; Figure 4; [0068]; 202; Figure 5; [0074]), and which supplies a reaction gas to the second connection pipe (121b; Figure 4-Applicant’s 312; Figure 1), wherein a second supply valve (156b; Figure 4) is installed in the reaction gas supply pipe (151b; Figure 4-Applicant’s 330; Figure 1), a source gas supply portion (133; Figure 4-Applicant’s 210; Figure 1), which supplies the source gas to the source gas (133; Figure 4) supply pipe (112 via 176a,186a; Figure 4) and is connected (via 186a) only to the first connection pipe (121a; Figure 4-Applicant’s 311; Figure 1,3) among the first connection pipe (121a; Figure 4-Applicant’s 311; Figure 1,3) and the second connection pipe (121b; Figure 4-Applicant’s 312; Figure 1) in the outside of the chamber (100a,b; Figure 4; [0068]; 202; Figure 5; [0074]); and a reaction gas supply portion (143; Figure4-Applicant’s 220; Figure 1), which supplies the reaction gas to the reaction gas supply pipe (151b; Figure 4-Applicant’s 330; Figure 1) and is connected only to the second connection pipe (121b; Figure 4-Applicant’s 312; Figure 1) among the first connection pipe (121a; Figure 4-Applicant’s 311; Figure 1,3) and the second connection pipe (121b; Figure 4-Applicant’s 312; Figure 1) in the outside of the chamber (100a,b; Figure 4; [0068]; 202; Figure 5; [0074]), as claimed by claim 1. The above and below italicized claim text is considered an intended use claim requirement in the pending apparatus claims. Further, it has been held that claim language that simply specifies an intended use or field of use for the invention generally will not limit the scope of a claim (Walter , 618 F.2d at 769, 205 USPQ at 409; MPEP 2106). Additionally, in apparatus claims, intended use must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim (In re Casey,152 USPQ 235 (CCPA 1967); In re Otto , 136 USPQ 458, 459 (CCPA 1963); MPEP2115).
Yahata further teaches:
The substrate processing apparatus (Figure 4; [0068]) of claim 1, wherein the source gas (133; Figure 4) supply pipe (112 via 176a,186a; Figure 4) is connected to the first connection pipe (121a; Figure 4-Applicant’s 311; Figure 1,3) between the first common valve (128a; Figure 4) and the first nozzle unit (first 234b; Figure 4-Appplicant’s NU1; Figure 3), and wherein the reaction gas supply pipe (151b; Figure 4-Applicant’s 330; Figure 1) is connected to the second connection pipe (121b; Figure 4-Applicant’s 312; Figure 1) between the second common valve (128b; Figure 4) and the second nozzle unit (second 234b; Figure 4-Appplicant’s NU2; Figure 3), as claimed by claim 2
The substrate processing apparatus (Figure 4; [0068]) of claim 1, wherein the first nozzle unit (first 234b; Figure 4-Appplicant’s NU1; Figure 3) discharges the source gas (133; Figure 4) or the cleaning gas (123; Figure 4; [0068]) in the plasma state (252; Figure 5) , and the second nozzle unit (second 234b; Figure 4-Appplicant’s NU2; Figure 3) discharges the reaction gas or the cleaning gas (123; Figure 4; [0068]) in the plasma state (252; Figure 5) , as claimed by claim 3
The substrate processing apparatus (Figure 4; [0068]) of claim 3, wherein in a state in which the first common valve (128a; Figure 4) and the second common valve (128b; Figure 4) are closed and the first supply valve (160 or 116a; Figure 4) and the second supply valve (156b; Figure 4) are opened, the first nozzle unit (first 234b; Figure 4-Appplicant’s NU1; Figure 3) discharges the source gas (133; Figure 4) to the substrate and the second nozzle unit (second 234b; Figure 4-Appplicant’s NU2; Figure 3) discharges the reaction gas to the substrate, as claimed by claim 4
The substrate processing apparatus (Figure 4; [0068]) of claim 3, wherein in a state in which the first common valve (128a; Figure 4) and the second common valve (128b; Figure 4) are opened and the first supply valve (160 or 116a; Figure 4) and the second supply valve (156b; Figure 4) are closed, the first nozzle unit (first 234b; Figure 4-Appplicant’s NU1; Figure 3) and the second nozzle unit (second 234b; Figure 4-Appplicant’s NU2; Figure 3) discharge the cleaning gas (123; Figure 4; [0068]) in the plasma state (252; Figure 5) to the substrate, as claimed by claim 5
The substrate processing apparatus (Figure 4; [0068]) of claim 1, further comprising: a first exhaust pump (223a; Figure 4; [0072]-Applicant’s 510; Figure 1) connected to the chamber (100a,b; Figure 4; [0068]; 202; Figure 5; [0074]) and which exhausts a gas inside the chamber (100a,b; Figure 4; [0068]; 202; Figure 5; [0074]); and a second exhaust pump (307b; Figure 4; [0098]-Applicant’s 520; Figure 1) connected (via 121b) to the common pipe (122; Figure 3-Appplicant’s 340; Figure 3) and which exhausts a gas inside the common pipe (122; Figure 3-Appplicant’s 340; Figure 3), as claimed by claim 6
The substrate processing apparatus (Figure 4; [0068]) of claim 6, further comprising: a first exhaust pipe (224a,b; Figure 4) connecting the chamber (100a,b; Figure 4; [0068]; 202; Figure 5; [0074]) and the first exhaust pump (223a; Figure 4; [0072]-Applicant’s 510; Figure 1), and in which a first exhaust valve (227a,b; Figure 4) is installed, and a second exhaust pipe (301b; Figure 4) connecting the common pipe (122; Figure 3-Appplicant’s 340; Figure 3) and the second exhaust pump (307b; Figure 4; [0098]-Applicant’s 520; Figure 1), and in which a second exhaust valve (303b; Figure 4) is installed, as claimed by claim 7
The substrate processing apparatus (Figure 4; [0068]) of claim 7, wherein the first exhaust valve (227a,b; Figure 4) and the second exhaust valve (303b; Figure 4) are sequentially opened and closed, as claimed by claim 8. Applicant’s claim requirement amounts to an intended use claim requirement in the pending apparatus claims. Further, it has been held that claim language that simply specifies an intended use or field of use for the invention generally will not limit the scope of a claim (Walter , 618 F.2d at 769, 205 USPQ at 409; MPEP 2106). Additionally, in apparatus claims, intended use must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim (In re Casey,152 USPQ 235 (CCPA 1967); In re Otto , 136 USPQ 458, 459 (CCPA 1963); MPEP2115).
The substrate processing apparatus (Figure 4; [0068]) of claim 7, wherein the first exhaust valve (227a,b; Figure 4) and the second exhaust valve (303b; Figure 4) are simultaneously opened and closed, as claimed by claim 9. Applicant’s claim requirement amounts to an intended use claim requirement in the pending apparatus claims. Further, it has been held that claim language that simply specifies an intended use or field of use for the invention generally will not limit the scope of a claim (Walter , 618 F.2d at 769, 205 USPQ at 409; MPEP 2106). Additionally, in apparatus claims, intended use must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim (In re Casey,152 USPQ 235 (CCPA 1967); In re Otto , 136 USPQ 458, 459 (CCPA 1963); MPEP2115).
The substrate processing apparatus (Figure 4; [0068]) of claim 1, wherein each of the first nozzle unit (first 234b; Figure 4-Appplicant’s NU1; Figure 3) and the second nozzle unit (second 234b; Figure 4-Appplicant’s NU2; Figure 3) includes a plasma generator (202a; Figure 5 functions as a grounded counter electrode-Applicant’s PFx; Figure 3), as claimed by claim 10
The substrate processing apparatus (Figure 4; [0068]) of claim 1, wherein each of the first nozzle unit (first 234b; Figure 4-Appplicant’s NU1; Figure 3) and the second nozzle unit (second 234b; Figure 4-Appplicant’s NU2; Figure 3) is provided in plurality, and the plurality of first nozzles and the plurality of second nozzles are alternately arranged in one direction, as claimed by claim 11
Response to Arguments
Applicant's arguments filed January 28, 2026 have been fully considered but they are not persuasive.
Applicant states:
“
In contrast, FIG. 4 of Yahata the Examiner relies on merely discloses that the source gas supply source 113 corresponding to the recited "source gas supply portion" is connected not only to the reactive gas supply pipe 121a (allegedly corresponding to the recited "first connection pipe") via 112, 111a, 176a and 186a but also to the reactive gas supply pipe 121b (allegedly corresponding to the recited "second connection pipe") via 112, 111b, 176b and 186b, and that the second purge gas supply source 143 corresponding to the recited "reaction gas supply portion" is connected not only to the reactive gas supply pipe 121b (allegedly corresponding to the recited "second connection pipe") via 151b but also to the reactive gas supply pipe 121a (allegedly corresponding to the recited "first connection pipe") via 151a.
“
In response, the Examiner’s rejection does not cite, or rely on, Yahata’s element 113. See above and prior actions. Specifically, the Examiner does cite Yahata’s source gas supply portion (133; Figure 4-Applicant’s 210; Figure 1) as a reasonable equivalent therefor. Further, it is noted that Applicant’s attempts to make a structural distinction for the pending apparatus claims by appealing to the use/chemical identity of the conveyed gas being either “purge gas” or “reaction gas” does not limit apparatus claims. The Examiner has repeatedly asserted that the claimed apparatus is not distinguished from the prior art by the intended use as defined by the functionality of the gases. See above. A recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim.
Applicant states:
“
In particular, Yahata does not teach or suggest "a source gas supply portion, which supplies the source gas to the source gas supply pipe and is connected only to the first connection pipe among the first connection pipe and the second connection pipe in the outside of the chamber; and a reaction gas supply portion, which supplies the reaction gas to the reaction gas supply pipe and is connected only to the second connection pipe among the first connection pipe and the second connection pipe in the outside of the chamber" as in independent claim 1. As a result, Yahata does not disclose all of the claimed elements arranged as in claim 1.
“
In response, the Examiner has fully reconsidered his rejections under Yahata and reasserts that the claimed invention remains anticipated by Yahata as detailed above.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The following prior art teach gas exhaustion and remote plasma sources as claimed: US 8235001 B2; US 6821910 B2; US 11488803 B2; US 20140373783 A1
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/Rudy Zervigon/ Primary Examiner, Art Unit 1716