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 .
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-17 and 19-20have been considered but are moot because the new ground of rejection does not rely on the combination of references/or references applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Specifically, the Applicant has amended the claims to add “the gas channel, a diameter of the buffer space being greater than a diameter of the gas channel;” and “wherein the baffle ring is provided between the buffer space and the gas channel, and a diameter of the baffle ring corresponds to the diameter of the buffer space”, such that the scope of the claims has changed, thus requiring further search and consideration. The resulting rejection, based on United States Patent Application No. 2015/0020848 to Kim et al in view of United States Patent No. 5996528 to Berrian et al, which has been modified to fulfill the new claim limitations, is presented below.
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) 1-4, 6-11, 14-16 and 19-20 rejected under 35 U.S.C. 103 as being unpatentable over United States Patent Application No. 2015/0020848 to Kim et al in view of United States Patent No. 5996528 to Berrian et al.
In regards to Claim 1, Kim teaches substrate processing apparatus Fig. 1A-1E comprising: a housing 101 having an interior space; a lower electrode unit 104 supporting a substrate (workpiece 109) in the interior space 102; an upper electrode unit 108 facing the lower electrode unit; and a gas supply unit 115, 117, 119, 121 supplying a process gas 121 to the interior space [0039], wherein the upper electrode unit comprises: a dielectric plate 105 facing an upper surface of the substrate supported by the lower electrode unit (as shown in Fig. 1A); a support body 107 supporting the dielectric plate, wherein the support body and the dielectric plate are combined with each other to form a buffer space (gap on 119 in yellow) and a gas channel (in green), the diameter of the buffer space being greater than the diameter of the gas channel, and the gas supply unit supplies the process gas to the interior space via the buffer space (as shown in Fig. 1A-1E) [0028-0112].
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Kim does not expressly teach a baffle ring disposed on a flow path of the process gas flowing from the buffer space to the interior space or that the baffle ring is provided between the buffer space and the gas channel and a diameter of the baffle ring correspond to the diameter of the buffer space.
Berrian teaches a substrate processing apparatus 50 Fig. 2, 4, 4A comprising: a housing 52 having an interior space 55; a lower electrode unit 56 supporting a substrate 58 in the interior space; an upper electrode unit 62 facing the lower electrode unit; and a gas supply unit 66, 78/121a, 121b supplying a process gas to the interior space (Col. 6 lines 51-59), wherein the upper electrode unit comprises: a dielectric plate 125 facing an upper surface of the substrate supported by the lower electrode unit (as it is horizontally above the substrate in Fig. 2); a support body 120 supporting the dielectric plate, wherein the support body and the dielectric plate are combined with each other to form a buffer space (space for 123a, 123b and gas flow from 121a, 121b) and the gas supply unit supplies the process gas to the interior space via the buffer space (as shown in Fig. 4, 4A); and a baffle ring 123B, 142, 150a, 150b disposed on a flow path of the process gas flowing from the buffer space to the interior space (Col. 5 line 20-Col. 10 line 15).
Berrian teaches that the porous ring of 123b is placed downstream of the gas inlet tube 120 but also close to it, filling the space downstream of the tube to concentrically plug the space, as shown in Fig. 4A and Col. 9 lines 1-52. Berrian teaches the porous ring is used to create a mixing characteristics downstream of the gas tube with two separate gases, and the inventive idea of Berrian this porous ring is useful for introducing two reactive gases with different flow rates and pressure to create a desired mixing profile can be applied to any showerhead that has a gas inlet.
It has been held that an express suggestion to substitute one equivalent component or process for another is not necessary to render such substitution obvious. In re Fout, 675 F.2d 297, 213 USPQ 532 (CCPA 1982). See MPEP 2144.06 II. Thus it would be obvious to one of ordinary skill in the art, before the effective filing date, to have modified the single gas inlet of Kim with the gas inlet of Berrian which supplies two gases. See MPEP 2143 Motivation B.
Furthermore, as it is known to provide a porous ring downstream of a gas tube in a showerhead, as taught by Berrian, it would be obvious to one of ordinary skill in the art before the effective filing date to have modified the gas inlet in the showerhead of Kim as taught by to include the porous ring of Berrian downstream of the pipe (shown in red in the above annotated Figure 1A of Kim). One would be motivated to do so in order to create a desired mixing profile. See MPEP 2143, Exemplary Rationales C. Use of known technique to improve similar devices (methods, or products) in the same way, as the application of two separate gases would need different flow control. The resulting apparatus would have the baffle ring surround the gas channel such that it is between the gas channel and the buffer space, such that the baffle ring corresponds also to the diameter of the buffer space, as broadly recited.
The resulting apparatus fulfills the limitations of the claim.
In regards to Claim 2, Kim teaches a space in which the support body and the dielectric plate are apart from each other is defined as a gas channel through which the process gas flows, the gas channel being in fluid communication with the internal space, and wherein the baffle ring is disposed in the buffer space, as shown in the annotated copy of Fig. 1A above.
In regards to Claim 3, Kim in view of Berrian teaches the baffle ring comprises a porous material to allow the process gas to flow, as per the 103 rejection of claim 1 above.
In regards to Claim 4, Kim in view of Berrian the baffle ring comprises a porous ceramic having a plurality of through holes through which the process gas flows, as per the 103 rejection of claim 1 above, and (Berrian teachings of a ring of 142 being a ceramic and 123B being made out of porous material) having a plurality of through holes through which the process gas flows (Berrian Col. 8 lines 49-62).
In regards to Claim 6, Kim in view of Berrian in the teachings of Berrian teaches the baffle ring comprises a material including a metal, in the form of metal grids 150a, 150b (Col. 9 lines 27-38), as per the rejection of Claim 1 above.
In regards to Claim 7, Kim teaches the upper electrode unit further comprises an upper edge electrode (peripheral parts of 107, as highlighted in orange above) supported by the support body (as it is part of 107) and provided to surround the dielectric plate when viewed from above (as 107 covers 105).
In regards to Claim 8, Kim teaches a diameter of an inner periphery of the upper edge electrode viewed from above is greater than a diameter of an outer periphery of the dielectric plate, as shown in Fig. 1a.
In regards to Claim 9, Kim teaches a space in which the upper edge electrode and the dielectric plate are apart from each other is defined as a gas discharge unit that discharges the process gas flowing through the gas channel to an edge region of the substrate supported by the lower electrode unit, the gas discharge unit being in fluid communication with the gas channel and the interior space, as it is the opening circle at the bottom of 105 and 107.
In regards to Claim 10, Kim teaches the lower electrode unit comprises: a chuck 103 supporting the substrate (workpiece); an insulating ring 135 (formed of a dielectric, shown in blue) configured to surround the chuck when viewed from above; and a lower edge electrode 136 configured to surround the insulating ring when viewed from above [0030].
In regards to Claim 11, Kim teaches the lower electrode unit further comprises a power member 123 configured to apply radio frequency (RF) power to the chuck [0030].
In regards to Claim 14, Kim teaches an upper electrode unit 108 of a bevel etch apparatus Fig. 1A for processing an edge region of a substrate, the upper electrode unit comprising: a dielectric plate 105 facing the substrate; a support body 107supporting the dielectric plate, wherein the support body and the dielectric plate define a buffer space (as shown in yellow in the annotated copy of Fig. 1A above) and a gas channel (in green), the diameter of the buffer space being greater than the diameter of the gas channel, and that is a space to which a process gas is supplied; and the process gas flowing from the buffer space toward an edge region of the substrate, as shown in the annotated copy of Fig. 1A above,(as shown in Fig. 1A-1E) [0028-0112].
Kim does not expressly teach at least two different types of gases is supplied; and a baffle ring disposed on a flow path of the process gas flowing from the buffer space toward an edge region of the substrate.
Berrian teaches a substrate processing apparatus 50 Fig. 2, 4, 4A comprising: a housing 52 having an interior space 55; a lower electrode unit 56 supporting a substrate 58 in the interior space; an upper electrode unit 62 facing the lower electrode unit; and a gas supply unit 66, 78/121a, 121b supplying a process gas to the interior space (Col. 6 lines 51-59), wherein the upper electrode unit comprises: a dielectric plate 125 facing an upper surface of the substrate supported by the lower electrode unit (as it is horizontally above the substrate in Fig. 2); a support body 120 supporting the dielectric plate, wherein the support body and the dielectric plate are combined with each other to form a buffer space (space for 123a, 123b and gas flow from 121a, 121b, wherein at least two gases are supplied) and the gas supply unit supplies the process gas to the interior space via the buffer space (as shown in Fig. 4, 4A); and a baffle ring 123B, 142, 150a, 150b disposed on a flow path of the process gas flowing from the buffer space to the interior space (Col. 5 line 20-Col. 10 line 15).
Berrian teaches that the porous ring of 123b is placed downstream of the gas inlet tube 120 but also close to it, filling the space downstream of the tube to concentrically plug the space, as shown in Fig. 4A and Col. 9 lines 1-52. Berrian teaches the porous ring is used to create a mixing characteristics downstream of the gas tube with two separate gases, and the inventive idea of Berrian this porous ring is useful for introducing two reactive gases with different flow rates and pressure to create a desired mixing profile can be applied to any showerhead that has a gas inlet.
It has been held that an express suggestion to substitute one equivalent component or process for another is not necessary to render such substitution obvious. In re Fout, 675 F.2d 297, 213 USPQ 532 (CCPA 1982). See MPEP 2144.06 II. Thus it would be obvious to one of ordinary skill in the art, before the effective filing date, to have modified the single gas inlet of Kim with the gas inlet of Berrian which supplies two gases. See MPEP 2143 Motivation B.
Furthermore, as it is known to provide a porous ring downstream of a gas tube in a showerhead, as taught by Berrian, it would be obvious to one of ordinary skill in the art before the effective filing date to have modified the gas inlet in the showerhead of Kim as taught by to include the porous ring of Berrian downstream of the pipe (shown in red in the above annotated Figure 1A of Kim). One would be motivated to do so in order to create a desired mixing profile. See MPEP 2143, Exemplary Rationales C. Use of known technique to improve similar devices (methods, or products) in the same way, as the application of two separate gases would need different flow control. The resulting apparatus would have the baffle ring surround the gas channel such that it is between the gas channel and the buffer space, such that the baffle ring corresponds also to the diameter of the buffer space, as broadly recited.
The resulting apparatus fulfills the limitations of the claim.
In regards to Claim 15, Kim teaches a space in which the support body and the dielectric plate are apart from each other is defined as a gas channel through which the process gas flows, the gas channel being in fluid communication with the internal space, and wherein the baffle ring is disposed in the buffer space, as shown in the annotated copy of Fig. 1A above.
In regards to Claim 16, Kim in view of Berrian teaches the baffle ring comprises a porous material to allow the process gas to flow having a plurality of through holes (which are the pores themselves) through which the process gas flows, as per the 103 rejection of claim 1 above.
In regards to Claim 19, Kim teaches the upper electrode unit further comprises an upper edge electrode (peripheral parts of 107, as highlighted in orange above) supported by the support body (as it is part of 107) and provided to surround the dielectric plate when viewed from above (as 107 covers 105).
In regards to Claim 20, Kim teaches a space in which the upper edge electrode and the dielectric plate are apart from each other is defined as a gas discharge unit that discharges the process gas flowing through the gas channel to an edge region of the substrate supported by the lower electrode unit, the gas discharge unit being in fluid communication with the gas channel and the interior space, as it is the opening circle at the bottom of 105 and 107.
Claim(s) 5 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over United States Patent Application No. 2015/0020848 to Kim et al in view of United States Patent No. 5996528 to Berrian et al, as applied to claims 1 and 14 respectively above, and in further view of United States Patent Application No. 2010/0136216 to Tsuei et al.
The teachings of Kim in view of Berrian are relied upon in the rejection of Claims 1 and 14 respectively above.
In regards to Claims 5 and 17, Kim in view of Berrian does not expressly teach the baffle ring comprises a perforated plate having a through hole through which the process gas flows.
Tsuei teaches a process chamber 600 Fig. 6 with a showerhead 608 that has a central blocker plate 650 that is downstream and adjacent to the gas supply unit 228, 230 the blocker plate altering the flow and pressure differential of the process gas along the showerhead, suggesting the plate structure of Tsuei is an art analogous structure for controlling the flow of the gas adjacent to the gas supply unit, i.e., a baffle ring [0021-0052].
It would be obvious to one of ordinary skill in the art, before the effective filing date, to have modified the apparatus of Kim in view of Berrian and its porous ring with a plate structure with perforations and through holes, as per the teachings of Tsuei. It has been held that an express suggestion to substitute one equivalent component or process for another is not necessary to render such substitution obvious. In re Fout, 675 F.2d 297, 213 USPQ 532 (CCPA 1982). See MPEP 2144.06 II.
The resulting apparatus fulfills the limitations of the claims.
Claim(s) 12 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over United States Patent Application No. 2015/0020848 to Kim et al in view of United States Patent No. 5996528 to Berrian et al, as applied to claims 1 and 14 respectively above, and in further view of United States Patent Application No. 2013/0149867 to Masuda.
The teachings of Kim in view of Berrian are relied upon in the rejection of Claims 1 and 14 respectively above.
In regards to Claims 12 and 13, Kim teaches the gas supply unit comprises: a gas supply source 121 supplying and a gas supply line 119 supplying the process gas to the buffer space.
Kim does not expressly teach the process gas in which a plurality of gases of different types are mixed or that the gas supply source is configured to supply the process gas including at least two of O2, N2, Ar, SF6, and CF4.
Masuda teaches a gas supply source M that has lines 42a, 42b and different gases (45a-G, which includes O2, N2, Ar, SF6, and CF4) with pressure regulators and valves to supply a mixture of gases to the showerhead/upper electrode 4 [0049-0139].
It has been held that an express suggestion to substitute one equivalent component or process for another is not necessary to render such substitution obvious. In re Fout, 675 F.2d 297, 213 USPQ 532 (CCPA 1982). See MPEP 2144.06 II. Thus it would be obvious to one of ordinary skill in the art, before the effective filing date, to have substituted the gas supply unit of Kim with that of Masuda, and the types of gas sources therein. See MPEP 2143 Motivation B. The resulting apparatus fulfills the limitations of the claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. United States Patent No. 9714465 to Tsuei et al.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TIFFANY Z NUCKOLS whose telephone number is (571)270-7377. The examiner can normally be reached M-F 10AM-7PM.
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/TIFFANY Z NUCKOLS/Examiner, Art Unit 1716
/Jeffrie R Lund/Primary Examiner, Art Unit 1716
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