Prosecution Insights
Last updated: April 19, 2026
Application No. 18/073,185

UPPER ELECTRODE AND PLASMA PROCESSING APPARATUS

Final Rejection §103
Filed
Dec 01, 2022
Examiner
SEOANE, TODD MICHAEL
Art Unit
1718
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Tokyo Electron Limited
OA Round
2 (Final)
62%
Grant Probability
Moderate
3-4
OA Rounds
3y 6m
To Grant
99%
With Interview

Examiner Intelligence

Grants 62% of resolved cases
62%
Career Allow Rate
5 granted / 8 resolved
-2.5% vs TC avg
Strong +75% interview lift
Without
With
+75.0%
Interview Lift
resolved cases with interview
Typical timeline
3y 6m
Avg Prosecution
63 currently pending
Career history
71
Total Applications
across all art units

Statute-Specific Performance

§101
0.4%
-39.6% vs TC avg
§103
61.8%
+21.8% vs TC avg
§102
15.6%
-24.4% vs TC avg
§112
22.0%
-18.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 8 resolved cases

Office Action

§103
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 Amendment The amendment filed 11/20/2025 has been entered. Applicant’s amendments to the claims have overcome each and every 112(b) rejection previously set forth in the Non-Final Office Action mailed 09/26/2025. Claim Status Claims 1-2, 4-8, and 12-20 are pending. Claims 3, and 9-11 are cancelled. Claims 1, 4-6, 12, 15, and 17 are currently amended. 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, 4-8, 12, and 15-20 are rejected under 35 U.S.C. 103 as being unpatentable over Dhindsa (US 20100184298 A1), further in view of Eto (US 20120037596 A1), Lubomirsky (US 20200185203 A1), and Arai (US 6110287 A). Regarding claim 1, Dhindsa teaches an upper electrode configuring a shower head in a capacitively-coupled plasma processing apparatus (Dhindsa, Fig. 1A, [0021], showerhead electrode assembly 10 for a plasma processing apparatus), the upper electrode comprising: a first member that includes a conductor and provides a plurality of first holes penetrating the first member (Dhindsa, Fig. 1A, [0023]-[0024], inner electrode member 24 may be made of Si or SiC, and have gas passages 32 extending through); a second member that includes: a main body including a conductor (Dhindsa, Fig. 1A, [0029]-[0030], backing plate 34 of backing member 14 is made of a material that is electrically conductive) and provided above the first member (Dhindsa, Fig. 1A, backing plate 34 is located above inner electrode member 14), and a plurality of second holes that communicate with the plurality of first holes (Dhindsa, Fig. 1A, [0029]-[0030], backing plate 34 of backing member 14 has multiple gas passages 44 extending through that line up with gas passages 32 formed in inner electrode 24, [0023]-[0024]), respectively. Dhindsa fails to teach an insulating layer disposed on the main body; a cover layer covering at least a part of a surface of the main body and disposed on the insulating layer, and wherein a secondary electron emission coefficient of the cover layer is smaller than 1, such that a number of secondary electrons emitted from the cover layer is smaller than a number of primary electrons or positive ions that collide with the cover layer, the second member further includes: a plurality of end portions, each of the plurality of end portions defining an opening of a corresponding one of the plurality of second holes, a surface of each of the plurality of end portions is formed of the cover layer, each of the plurality of end portions have a tapered shape, and a diameter of the opening of each of the plurality of second holes is larger than a diameter of each of the plurality of first holes. However, Eto teaches an insulating layer disposed on the main body (Eto, Fig. 7, [0039]-[0041], film 50 can be composed of alumina and is formed on shower head 41 made of aluminum, where film 50 extends to cover various plasma-exposed chamber components, Fig. 1, [0024]); a cover layer covering at least a part of a surface of the main body and disposed on the insulating layer (Eto, Fig. 7, [0039]-[0041], alumina film can first be formed on aluminum shower head 41, then protective film 50 may be formed on the alumina film, where film 50 covers the surface of the shower head 41, Fig. 1), and wherein the second member further includes: a plurality of end portions, each of the plurality of end portions defining an opening of a corresponding one of the plurality of second holes (Eto, Fig. 7, [0039]-[0042], exhaust portions 422 of gas supply passages 42), a surface of each of the plurality of end portions is formed of the cover layer (Eto, Fig. 7, [0039]-[0041], alumina film can first be formed on aluminum shower head 41, then protective film 50 may be formed on the alumina film, where film 50 covers the surface of the shower head 41, Fig. 1), each of the plurality of end portions have a tapered shape (Eto, Fig. 7, [0039]-[0042], exhaust portions 422 of gas supply passages 42 are tapered). Eto is considered analogous art to the claimed invention because it is in the same field of semiconductor processing. It would have been obvious to one ordinarily skilled in the art at the time of filing to have applied the protective film of Eto to the backing plate of Dhindsa and tapered the gas passages in the backing plate of Dhindsa in the manner of Eto as doing so would provide a film having plasma resistance to the portions of the backing plate susceptible to plasma corrosion (Eto, [0003]), and tapering the gas passages to have a curved shape will help to reduce the chance that the protective film will crack vs a sharp corner (Eto, [0042]). Modified Dhindsa fails to teach wherein a secondary electron emission coefficient of the cover layer is smaller than 1, such that a number of secondary electrons emitted from the cover layer is smaller than a number of primary electrons or positive ions that collide with the cover layer, and a diameter of the opening of each of the plurality of second holes is larger than a diameter of each of the plurality of first holes. While Eto teaches an insulating first film formed on the shower head, and a second film formed on the first film (Eto, [0039]-[0041]), the second film is disclosed as corresponding to yttria, therefore Eto fails to teach wherein a secondary electron emission coefficient of the cover layer is smaller than 1, such that a number of secondary electrons emitted from the cover layer is smaller than a number of primary electrons or positive ions that collide with the cover layer. However, Lubomirsky teaches wherein a secondary electron emission coefficient of the cover layer is smaller than 1, such that a number of secondary electrons emitted from the cover layer is smaller than a number of primary electrons or positive ions that collide with the cover layer (Lubomirsky, Fig. 4D, [0092], second protective layer 406 may be deposited on first protective layer 404, where the first protective layer 404 can be an aluminum oxide [0062], and the second protective layer 406 can be SiC, [0072]). Lubomirsky is considered analogous art to the claimed invention because it is in the same field of semiconductor processing. It would have been obvious to one ordinarily skilled in the art at the time of filing to have substituted the yttria cover layer of Eto with SiC as Lubomirsky teaches that yttria and SiC are equivalents for the same purpose. Eto teaches wherein a second film of yttria is deposited on a first film of aluminum oxide (Eto, [0039]-[0041]) for the purpose of protection from plasma degradation (Eto, [0003]). Similarly, Lubomirsky teaches wherein a second film, which may be yttria or SiC (Lubomirsky, [0072]), is deposited on a first film of aluminum oxide (Lubomirsky, [0062]) for the purpose of protection from plasma degradation (Lubomirsky, [0026]). See MPEP 2144.06 (II). While the Dhindsa teaches a diameter of the opening of each of the plurality of second holes is larger than a diameter of each of the plurality of first holes (Dhindsa, Fig. 1A, [0029], gas passages 44 in backing plate 34 are larger in diameter than gas passages 32 of inner electrode member 24), the combination of the gas passages of Eto into the apparatus of Dhindsa does not explicitly teach this relation. However, Arai teaches a diameter of the opening of each of the plurality of second holes is larger than a diameter of each of the plurality of first holes (Arai, Fig. 19, C16 L57- C17 L9, diameter D2 of second gas hole 178 is larger than diameter D1 of first gas holes D1). Arai is considered analogous art to the claimed invention because it is in the same field of semiconductor processing. It would have been obvious to one ordinarily skilled in the art at the time of filing to have applied the teachings of Arai wherein the relations of setting the diameters of the diameter of the opening of each of the plurality of second holes is larger than a diameter of each of the plurality of first holes to the apparatus of modified Dhindsa as doing so would help ensure that plasma discharge does not occur in the shower head and preventing aluminum particulates from hurting yield (Arai, Fig. 19, C16 L57- C17 L9). Regarding claim 2, Dhindsa fails to teach wherein the cover layer includes a conductor. However, Eto teaches the cover layer (Eto, Fig. 7, [0039]-[0041], alumina film can first be formed on aluminum shower head 41, then protective film 50 may be formed on the alumina film, where film 50 covers the surface of the shower head 41, Fig. 1). It would have been obvious to one ordinarily skilled in the art at the time of filing to have applied the protective film of Eto to the backing plate of Dhindsa and tapered the gas passages in the backing plate of Dhindsa in the manner of Eto as doing so would provide a film having plasma resistance to the portions of the backing plate susceptible to plasma corrosion (Eto, [0003]), and tapering the gas passages to have a curved shape will help to reduce the chance that the protective film will crack vs a sharp corner (Eto, [0042]). While Eto teaches an insulating first film formed on the shower head, and a second film formed on the first film (Eto, [0039]-[0041]), the second film is disclosed as corresponding to yttria, therefore Eto fails to teach wherein the cover layer includes a conductor. However, Lubomirsky teaches wherein the cover layer includes a conductor. (Lubomirsky, Fig. 4D, [0092], second protective layer 406 may be deposited on first protective layer 404, where the first protective layer 404 can be an aluminum oxide [0062], and the second protective layer 406 can be SiC, [0072]). It would have been obvious to one ordinarily skilled in the art at the time of filing to have substituted the yttria cover layer of Eto with SiC as Lubomirsky teaches that yttria and SiC are equivalents for the same purpose. Eto teaches wherein a second film of yttria is deposited on a first film of aluminum oxide (Eto, [0039]-[0041]) for the purpose of protection from plasma degradation (Eto, [0003]). Similarly, Lubomirsky teaches wherein a second film, which may be yttria or SiC (Lubomirsky, [0072]), is deposited on a first film of aluminum oxide (Lubomirsky, [0062]) for the purpose of protection from plasma degradation (Lubomirsky, [0026]). See MPEP 2144.06 (II). Regarding claim 4, Dhindsa teaches an upper electrode configuring a shower head in a capacitively- coupled plasma processing apparatus (Dhindsa, Fig. 1A, [0021], showerhead electrode assembly 10 for a plasma processing apparatus), the upper electrode comprising: a first member that includes a conductor and provides a plurality of first holes penetrating the first member (Dhindsa, Fig. 1A, [0023]-[0024], inner electrode member 24 may be made of Si or SiC, and have gas passages 32 extending through); and a second member that includes: a main body including a conductor (Dhindsa, Fig. 1A, [0029]-[0030], backing plate 34 of backing member 14 is made of a material that is electrically conductive) and provided above the first member (Dhindsa, Fig. 1A, backing plate 34 is located above inner electrode member 14); an insulating layer disposed on the main body (Eto, Fig. 7, [0039]-[0041], film 50 can be composed of alumina and is formed on shower head 41 made of aluminum, where film 50 extends to cover various plasma-exposed chamber components, Fig. 1, [0024]); and a plurality of second holes that communicate with the plurality of first holes (Dhindsa, Fig. 1A, [0029]-[0030], backing plate 34 of backing member 14 has multiple gas passages 44 extending through that line up with gas passages 32 formed in inner electrode 24, [0023]-[0024]). Dhindsa fails to teach a cover layer covering at least a part of a surface of the main body and disposed on the insulating layer; and wherein the cover layer contains diamondlike carbon, amorphous carbon, or silicon carbide, and the second member further includes: a plurality of end portions, each of the plurality of end portions defining an opening of a corresponding one of the plurality of second holes, a surface of each of the plurality of end portions is formed of the cover layer, each of the plurality of end portions have a tapered shape, and a diameter of the opening of each of the plurality of second holes is larger than a diameter of each of the plurality of first holes. However, Eto teaches a cover layer covering at least a part of a surface of the main body and disposed on the insulating layer (Eto, Fig. 7, [0039]-[0041], alumina film can first be formed on aluminum shower head 41, then protective film 50 may be formed on the alumina film, where film 50 covers the surface of the shower head 41, Fig. 1); and wherein the second member further includes: a plurality of end portions, each of the plurality of end portions defining an opening of a corresponding one of the plurality of second holes (Eto, Fig. 7, [0039]-[0042], exhaust portions 422 of gas supply passages 42), a surface of each of the plurality of end portions is formed of the cover layer (Eto, Fig. 7, [0039]-[0041], alumina film can first be formed on aluminum shower head 41, then protective film 50 may be formed on the alumina film, where film 50 covers the surface of the shower head 41, Fig. 1), and each of the plurality of end portions have a tapered shape (Eto, Fig. 7, [0039]-[0042], exhaust portions 422 of gas supply passages 42 are tapered). It would have been obvious to one ordinarily skilled in the art at the time of filing to have applied the protective film of Eto to the backing plate of Dhindsa and tapered the gas passages in the backing plate of Dhindsa in the manner of Eto as doing so would provide a film having plasma resistance to the portions of the backing plate susceptible to plasma corrosion (Eto, [0003]), and tapering the gas passages to have a curved shape will help to reduce the chance that the protective film will crack vs a sharp corner (Eto, [0042]). Modified Dhindsa fails to teach wherein the cover layer contains diamondlike carbon, amorphous carbon, or silicon carbide, and a diameter of the opening of each of the plurality of second holes is larger than a diameter of each of the plurality of first holes. While Eto teaches an insulating first film formed on the shower head, and a second film formed on the first film (Eto, [0039]-[0041]), the second film is disclosed as corresponding to yttria, therefore Eto fails to teach wherein the cover layer contains diamondlike carbon, amorphous carbon, or silicon carbide. However, Lubomirsky teaches wherein the cover layer contains diamondlike carbon, amorphous carbon, or silicon carbide (Lubomirsky, Fig. 4D, [0092], second protective layer 406 may be deposited on first protective layer 404, where the first protective layer 404 can be an aluminum oxide [0062], and the second protective layer 406 can be SiC, [0072]). It would have been obvious to one ordinarily skilled in the art at the time of filing to have substituted the yttria cover layer of Eto with SiC as Lubomirsky teaches that yttria and SiC are equivalents for the same purpose. Eto teaches wherein a second film of yttria is deposited on a first film of aluminum oxide (Eto, [0039]-[0041]) for the purpose of protection from plasma degradation (Eto, [0003]). Similarly, Lubomirsky teaches wherein a second film, which may be yttria or SiC (Lubomirsky, [0072]), is deposited on a first film of aluminum oxide (Lubomirsky, [0062]) for the purpose of protection from plasma degradation (Lubomirsky, [0026]). See MPEP 2144.06 (II). While the Dhindsa teaches a diameter of the opening of each of the plurality of second holes is larger than a diameter of each of the plurality of first holes (Dhindsa, Fig. 1A, [0029], gas passages 44 in backing plate 34 are larger in diameter than gas passages 32 of inner electrode member 24), the combination of the gas passages of Eto into the apparatus of Dhindsa does not explicitly teach this relation. However, Arai teaches a diameter of the opening of each of the plurality of second holes is larger than a diameter of each of the plurality of first holes (Arai, Fig. 19, C16 L57- C17 L9, diameter D2 of second gas hole 178 is larger than diameter D1 of first gas holes D1). It would have been obvious to one ordinarily skilled in the art at the time of filing to have applied the teachings of Arai wherein the relations of setting the diameters of the diameter of the opening of each of the plurality of second holes is larger than a diameter of each of the plurality of first holes to the apparatus of modified Dhindsa as doing so would help ensure that plasma discharge does not occur in the shower head and preventing aluminum particulates from hurting yield (Arai, Fig. 19, C16 L57- C17 L9). Regarding claim 5, Dhindsa fails to teach wherein the insulating layer is provided between the cover layer and the surface of the main body. However, Eto teaches wherein the insulating layer is provided between the cover layer and the surface of the main body (Eto, Fig. 7, [0039]-[0041], alumina film can first be formed on aluminum shower head 41, then protective film 50 may be formed on the alumina film, where film 50 covers the surface of the shower head 41, Fig. 1). It would have been obvious to one ordinarily skilled in the art at the time of filing to have applied the protective film of Eto to the backing plate of Dhindsa and tapered the gas passages in the backing plate of Dhindsa in the manner of Eto as doing so would provide a film having plasma resistance to the portions of the backing plate susceptible to plasma corrosion (Eto, [0003]), and tapering the gas passages to have a curved shape will help to reduce the chance that the protective film will crack vs a sharp corner (Eto, [0042]). Regarding claim 6, Dhindsa fails to teach wherein the insulating layer is provided between the cover layer and the surface of the main body. However, Eto teaches wherein the insulating layer is provided between the cover layer and the surface of the main body (Eto, Fig. 7, [0039]-[0041], alumina film can first be formed on aluminum shower head 41, then protective film 50 may be formed on the alumina film, where film 50 covers the surface of the shower head 41, Fig. 1). It would have been obvious to one ordinarily skilled in the art at the time of filing to have applied the protective film of Eto to the backing plate of Dhindsa and tapered the gas passages in the backing plate of Dhindsa in the manner of Eto as doing so would provide a film having plasma resistance to the portions of the backing plate susceptible to plasma corrosion (Eto, [0003]), and tapering the gas passages to have a curved shape will help to reduce the chance that the protective film will crack vs a sharp corner (Eto, [0042]). Regarding claim 7, Dhindsa teaches a conductive member that is provided between the first member and the second member (Dhindsa, Fig. 1A, [0038], electrically conductive gasket 46 is provided between inner electrode member 24 and backing plate 38). Dhindsa fails to teach wherein the cover layer is disposed on the first member. However, Eto teaches wherein the cover layer is disposed on the first member (Eto, Fig. 7, [0039]-[0041], alumina film can first be formed on aluminum shower head 41, then protective film 50 may be formed on the alumina film, where film 50 covers the entire surface of the shower head 41, Fig. 1). It would have been obvious to one ordinarily skilled in the art at the time of filing to have applied the protective film of Eto to the backing plate of Dhindsa and tapered the gas passages in the backing plate of Dhindsa in the manner of Eto as doing so would provide a film having plasma resistance to the portions of the backing plate susceptible to plasma corrosion (Eto, [0003]), and tapering the gas passages to have a curved shape will help to reduce the chance that the protective film will crack vs a sharp corner (Eto, [0042]). Regarding claim 8, Dhindsa teaches a conductive member that is provided between the first member and the second member (Dhindsa, Fig. 1A, [0038], electrically conductive gasket 46 is provided between inner electrode member 24 and backing plate 38). Dhindsa fails to teach wherein the cover layer is disposed on the first member. However, Eto teaches wherein the cover layer is disposed on the first member (Eto, Fig. 7, [0039]-[0041], alumina film can first be formed on aluminum shower head 41, then protective film 50 may be formed on the alumina film, where film 50 covers the entire surface of the shower head 41, Fig. 1). It would have been obvious to one ordinarily skilled in the art at the time of filing to have applied the protective film of Eto to the backing plate of Dhindsa and tapered the gas passages in the backing plate of Dhindsa in the manner of Eto as doing so would provide a film having plasma resistance to the portions of the backing plate susceptible to plasma corrosion (Eto, [0003]), and tapering the gas passages to have a curved shape will help to reduce the chance that the protective film will crack vs a sharp corner (Eto, [0042]). Regarding claim 12, Dhindsa teaches wherein the second member provides a gas diffusion chamber, and the plurality of second holes respectively extend from the gas diffusion chamber toward the plurality of first holes (Dhindsa, Fig. 1A, [0029], gas passages 44 in backing plate 34 extend from gas passages 32 in the inner electrode member 24 to the gas diffusion space defined by the top of backing plate 34 and thermal control plate 16). Regarding claim 15, Dhindsa teaches wherein at least one of each of the plurality of first holes and each of the plurality of second holes is a gas hole (Dhindsa, Fig. 1A, [0029], gas passages 44 in backing plate 34 are in fluid communication with gas passages 32 of inner electrode member 24). Regarding claim 16, Dhindsa fails to teach wherein the cover layer covers at least an entire region, which faces the first member, of the surface of the main body. However, Eto teaches wherein the cover layer covers at least an entire region, which faces the first member, of the surface of the main body (Eto, Fig. 7, [0039]-[0041], alumina film can first be formed on aluminum shower head 41, then protective film 50 may be formed on the alumina film, where film 50 covers the entire surface of the shower head 41, Fig. 1). It would have been obvious to one ordinarily skilled in the art at the time of filing to have applied the protective film of Eto to the backing plate of Dhindsa and tapered the gas passages in the backing plate of Dhindsa in the manner of Eto as doing so would provide a film having plasma resistance to the portions of the backing plate susceptible to plasma corrosion (Eto, [0003]), and tapering the gas passages to have a curved shape will help to reduce the chance that the protective film will crack vs a sharp corner (Eto, [0042]). Regarding claim 17, Dhindsa fails to teach wherein the cover layer covers at least a region of the surface of the main body, the region defines an opening of each of the second holes on a side of the first member and faces the first member. However, Eto teaches wherein the cover layer covers at least a region of the surface of the main body, the region defines an opening of each of the second holes on a side of the first member and faces the first member (Eto, Fig. 7, [0039]-[0041], alumina film can first be formed on aluminum shower head 41, then protective film 50 may be formed on the alumina film, where film 50 covers the entire surface of the shower head 41, Fig. 1, and where film 50 covers inflection section 43, curved section 44, and surface 41A, Fig. 7). It would have been obvious to one ordinarily skilled in the art at the time of filing to have applied the protective film of Eto to the backing plate of Dhindsa and tapered the gas passages in the backing plate of Dhindsa in the manner of Eto as doing so would provide a film having plasma resistance to the portions of the backing plate susceptible to plasma corrosion (Eto, [0003]), and tapering the gas passages to have a curved shape will help to reduce the chance that the protective film will crack vs a sharp corner (Eto, [0042]). Regarding claim 18, Dhindsa fails to teach wherein the cover layer covers at least a region of the surface of the main body, which region faces an opening of each of the first holes on a side of the second member. However, Eto teaches wherein the cover layer covers at least a region of the surface of the main body, which region faces an opening of each of the first holes on a side of the second member (Eto, Fig. 7, [0039]-[0041], alumina film can first be formed on aluminum shower head 41, then protective film 50 may be formed on the alumina film, where film 50 covers the entire surface of the shower head 41, Fig. 1, and where film 50 covers inflection section 43, curved section 44, and surface 41A, Fig. 7). It would have been obvious to one ordinarily skilled in the art at the time of filing to have applied the protective film of Eto to the backing plate of Dhindsa and tapered the gas passages in the backing plate of Dhindsa in the manner of Eto as doing so would provide a film having plasma resistance to the portions of the backing plate susceptible to plasma corrosion (Eto, [0003]), and tapering the gas passages to have a curved shape will help to reduce the chance that the protective film will crack vs a sharp corner (Eto, [0042]). Regarding claim 19, Dhindsa teaches a plasma processing apparatus (Dhindsa, Fig. 1A, [0021], plasma processing apparatus) comprising: a plasma processing chamber that provides a processing space therewithin (Dhindsa, Fig. 1A, [0021], plasma processing apparatus has a vacuum processing chamber within which a substrate 20 is processed); a substrate support that is provided in the plasma processing chamber (Dhindsa, Fig. 1A, [0021], substrate support 18); and the upper electrode according to claim 1, which includes: an upper electrode configuring a shower head in a capacitively-coupled plasma processing apparatus (Dhindsa, Fig. 1A, [0021], showerhead electrode assembly 10 for a plasma processing apparatus), the upper electrode comprising: a first member that includes a conductor and provides a plurality of first holes penetrating the first member (Dhindsa, Fig. 1A, [0023]-[0024], inner electrode member 24 may be made of Si or SiC, and have gas passages 32 extending through); a second member that includes: a main body including a conductor (Dhindsa, Fig. 1A, [0029]-[0030], backing plate 34 of backing member 14 is made of a material that is electrically conductive) and provided above the first member (Dhindsa, Fig. 1A, backing plate 34 is located above inner electrode member 14), and a plurality of second holes that communicate with the plurality of first holes (Dhindsa, Fig. 1A, [0029]-[0030], backing plate 34 of backing member 14 has multiple gas passages 44 extending through that line up with gas passages 32 formed in inner electrode 24, [0023]-[0024]), respectively. Dhindsa fails to teach an insulating layer disposed on the main body; a cover layer covering at least a part of a surface of the main body and disposed on the insulating layer, and wherein a secondary electron emission coefficient of the cover layer is smaller than 1, such that a number of secondary electrons emitted from the cover layer is smaller than a number of primary electrons or positive ions that collide with the cover layer, the second member further includes: a plurality of end portions, each of the plurality of end portions defining an opening of a corresponding one of the plurality of second holes, a surface of each of the plurality of end portions is formed of the cover layer, each of the plurality of end portions have a tapered shape, and a diameter of the opening of each of the plurality of second holes is larger than a diameter of each of the plurality of first holes. However, Eto teaches an insulating layer disposed on the main body (Eto, Fig. 7, [0039]-[0041], film 50 can be composed of alumina and is formed on shower head 41 made of aluminum, where film 50 extends to cover various plasma-exposed chamber components, Fig. 1, [0024]); a cover layer covering at least a part of a surface of the main body and disposed on the insulating layer (Eto, Fig. 7, [0039]-[0041], alumina film can first be formed on aluminum shower head 41, then protective film 50 may be formed on the alumina film, where film 50 covers the surface of the shower head 41, Fig. 1), and wherein the second member further includes: a plurality of end portions, each of the plurality of end portions defining an opening of a corresponding one of the plurality of second holes (Eto, Fig. 7, [0039]-[0042], exhaust portions 422 of gas supply passages 42), a surface of each of the plurality of end portions is formed of the cover layer (Eto, Fig. 7, [0039]-[0041], alumina film can first be formed on aluminum shower head 41, then protective film 50 may be formed on the alumina film, where film 50 covers the surface of the shower head 41, Fig. 1), each of the plurality of end portions have a tapered shape (Eto, Fig. 7, [0039]-[0042], exhaust portions 422 of gas supply passages 42 are tapered). It would have been obvious to one ordinarily skilled in the art at the time of filing to have applied the protective film of Eto to the backing plate of Dhindsa and tapered the gas passages in the backing plate of Dhindsa in the manner of Eto as doing so would provide a film having plasma resistance to the portions of the backing plate susceptible to plasma corrosion (Eto, [0003]), and tapering the gas passages to have a curved shape will help to reduce the chance that the protective film will crack vs a sharp corner (Eto, [0042]). Modified Dhindsa fails to teach wherein a secondary electron emission coefficient of the cover layer is smaller than 1, such that a number of secondary electrons emitted from the cover layer is smaller than a number of primary electrons or positive ions that collide with the cover layer, and a diameter of the opening of each of the plurality of second holes is larger than a diameter of each of the plurality of first holes. While Eto teaches an insulating first film formed on the shower head, and a second film formed on the first film (Eto, [0039]-[0041]), the second film is disclosed as corresponding to yttria, therefore Eto fails to teach wherein a secondary electron emission coefficient of the cover layer is smaller than 1, such that a number of secondary electrons emitted from the cover layer is smaller than a number of primary electrons or positive ions that collide with the cover layer. However, Lubomirsky teaches wherein a secondary electron emission coefficient of the cover layer is smaller than 1, such that a number of secondary electrons emitted from the cover layer is smaller than a number of primary electrons or positive ions that collide with the cover layer (Lubomirsky, Fig. 4D, [0092], second protective layer 406 may be deposited on first protective layer 404, where the first protective layer 404 can be an aluminum oxide [0062], and the second protective layer 406 can be SiC, [0072]). It would have been obvious to one ordinarily skilled in the art at the time of filing to have substituted the yttria cover layer of Eto with SiC as Lubomirsky teaches that yttria and SiC are equivalents for the same purpose. Eto teaches wherein a second film of yttria is deposited on a first film of aluminum oxide (Eto, [0039]-[0041]) for the purpose of protection from plasma degradation (Eto, [0003]). Similarly, Lubomirsky teaches wherein a second film, which may be yttria or SiC (Lubomirsky, [0072]), is deposited on a first film of aluminum oxide (Lubomirsky, [0062]) for the purpose of protection from plasma degradation (Lubomirsky, [0026]). See MPEP 2144.06 (II). While the Dhindsa teaches a diameter of the opening of each of the plurality of second holes is larger than a diameter of each of the plurality of first holes (Dhindsa, Fig. 1A, [0029], gas passages 44 in backing plate 34 are larger in diameter than gas passages 32 of inner electrode member 24), the combination of the gas passages of Eto into the apparatus of Dhindsa does not explicitly teach this relation. However, Arai teaches a diameter of the opening of each of the plurality of second holes is larger than a diameter of each of the plurality of first holes (Arai, Fig. 19, C16 L57- C17 L9, diameter D2 of second gas hole 178 is larger than diameter D1 of first gas holes D1). It would have been obvious to one ordinarily skilled in the art at the time of filing to have applied the teachings of Arai wherein the relations of setting the diameters of the diameter of the opening of each of the plurality of second holes is larger than a diameter of each of the plurality of first holes to the apparatus of modified Dhindsa as doing so would help ensure that plasma discharge does not occur in the shower head and preventing aluminum particulates from hurting yield (Arai, Fig. 19, C16 L57- C17 L9). Regarding claim 20, Dhindsa teaches a plasma processing apparatus (Dhindsa, Fig. 1A, [0021], plasma processing apparatus) comprising: a plasma processing chamber that provides a processing space therewithin (Dhindsa, Fig. 1A, [0021], plasma processing apparatus has a vacuum processing chamber within which a substrate 20 is processed); a substrate support that is provided in the plasma processing chamber (Dhindsa, Fig. 1A, [0021], substrate support 18); and the upper electrode according to claim 4, which includes: an upper electrode configuring a shower head in a capacitively- coupled plasma processing apparatus (Dhindsa, Fig. 1A, [0021], showerhead electrode assembly 10 for a plasma processing apparatus), the upper electrode comprising: a first member that includes a conductor and provides a plurality of first holes penetrating the first member (Dhindsa, Fig. 1A, [0023]-[0024], inner electrode member 24 may be made of Si or SiC, and have gas passages 32 extending through); and a second member that includes: a main body including a conductor (Dhindsa, Fig. 1A, [0029]-[0030], backing plate 34 of backing member 14 is made of a material that is electrically conductive) and provided above the first member (Dhindsa, Fig. 1A, backing plate 34 is located above inner electrode member 14); an insulating layer disposed on the main body (Eto, Fig. 7, [0039]-[0041], film 50 can be composed of alumina and is formed on shower head 41 made of aluminum, where film 50 extends to cover various plasma-exposed chamber components, Fig. 1, [0024]); and a plurality of second holes that communicate with the plurality of first holes (Dhindsa, Fig. 1A, [0029]-[0030], backing plate 34 of backing member 14 has multiple gas passages 44 extending through that line up with gas passages 32 formed in inner electrode 24, [0023]-[0024]). Dhindsa fails to teach a cover layer covering at least a part of a surface of the main body and disposed on the insulating layer; and wherein the cover layer contains diamondlike carbon, amorphous carbon, or silicon carbide, and the second member further includes: a plurality of end portions, each of the plurality of end portions defining an opening of a corresponding one of the plurality of second holes, a surface of each of the plurality of end portions is formed of the cover layer, each of the plurality of end portions have a tapered shape, and a diameter of the opening of each of the plurality of second holes is larger than a diameter of each of the plurality of first holes. However, Eto teaches a cover layer covering at least a part of a surface of the main body and disposed on the insulating layer (Eto, Fig. 7, [0039]-[0041], alumina film can first be formed on aluminum shower head 41, then protective film 50 may be formed on the alumina film, where film 50 covers the surface of the shower head 41, Fig. 1); and wherein the second member further includes: a plurality of end portions, each of the plurality of end portions defining an opening of a corresponding one of the plurality of second holes (Eto, Fig. 7, [0039]-[0042], exhaust portions 422 of gas supply passages 42), a surface of each of the plurality of end portions is formed of the cover layer (Eto, Fig. 7, [0039]-[0041], alumina film can first be formed on aluminum shower head 41, then protective film 50 may be formed on the alumina film, where film 50 covers the surface of the shower head 41, Fig. 1), and each of the plurality of end portions have a tapered shape (Eto, Fig. 7, [0039]-[0042], exhaust portions 422 of gas supply passages 42 are tapered). It would have been obvious to one ordinarily skilled in the art at the time of filing to have applied the protective film of Eto to the backing plate of Dhindsa and tapered the gas passages in the backing plate of Dhindsa in the manner of Eto as doing so would provide a film having plasma resistance to the portions of the backing plate susceptible to plasma corrosion (Eto, [0003]), and tapering the gas passages to have a curved shape will help to reduce the chance that the protective film will crack vs a sharp corner (Eto, [0042]). Modified Dhindsa fails to teach wherein the cover layer contains diamondlike carbon, amorphous carbon, or silicon carbide, and a diameter of the opening of each of the plurality of second holes is larger than a diameter of each of the plurality of first holes. While Eto teaches an insulating first film formed on the shower head, and a second film formed on the first film (Eto, [0039]-[0041]), the second film is disclosed as corresponding to yttria, therefore Eto fails to teach wherein the cover layer contains diamondlike carbon, amorphous carbon, or silicon carbide. However, Lubomirsky teaches wherein the cover layer contains diamondlike carbon, amorphous carbon, or silicon carbide (Lubomirsky, Fig. 4D, [0092], second protective layer 406 may be deposited on first protective layer 404, where the first protective layer 404 can be an aluminum oxide [0062], and the second protective layer 406 can be SiC, [0072]). It would have been obvious to one ordinarily skilled in the art at the time of filing to have substituted the yttria cover layer of Eto with SiC as Lubomirsky teaches that yttria and SiC are equivalents for the same purpose. Eto teaches wherein a second film of yttria is deposited on a first film of aluminum oxide (Eto, [0039]-[0041]) for the purpose of protection from plasma degradation (Eto, [0003]). Similarly, Lubomirsky teaches wherein a second film, which may be yttria or SiC (Lubomirsky, [0072]), is deposited on a first film of aluminum oxide (Lubomirsky, [0062]) for the purpose of protection from plasma degradation (Lubomirsky, [0026]). See MPEP 2144.06 (II). While the Dhindsa teaches a diameter of the opening of each of the plurality of second holes is larger than a diameter of each of the plurality of first holes (Dhindsa, Fig. 1A, [0029], gas passages 44 in backing plate 34 are larger in diameter than gas passages 32 of inner electrode member 24), the combination of the gas passages of Eto into the apparatus of Dhindsa does not explicitly teach this relation. However, Arai teaches a diameter of the opening of each of the plurality of second holes is larger than a diameter of each of the plurality of first holes (Arai, Fig. 19, C16 L57- C17 L9, diameter D2 of second gas hole 178 is larger than diameter D1 of first gas holes D1). It would have been obvious to one ordinarily skilled in the art at the time of filing to have applied the teachings of Arai wherein the relations of setting the diameters of the diameter of the opening of each of the plurality of second holes is larger than a diameter of each of the plurality of first holes to the apparatus of modified Dhindsa as doing so would help ensure that plasma discharge does not occur in the shower head and preventing aluminum particulates from hurting yield (Arai, Fig. 19, C16 L57- C17 L9). Claims 13-14 are rejected under 35 U.S.C. 103 as being unpatentable over Dhindsa (US 20100184298 A1), in view of Eto (US 20120037596 A1), Lubomirsky (US 20200185203 A1), and Arai (US 6110287 A), as applied in claims 1-2, 4-8, 12, and 15-20, and further in view of Fuji (US 20200211826 A1). The limitations of claims 1-2, 4-8, 12, and 15-20 are set forth above. Regarding claim 13, modified Dhindsa fails to teach wherein the second member further provides a flow path that is provided for allowing a refrigerant to flow through the flow path. However, Fuji teaches wherein the second member further provides a flow path that is provided for allowing a refrigerant to flow through the flow path (Fuji, Fig. 1, [0039], path 92 is formed in base member 38 for a coolant to run through). Fuji is considered analogous art to the claimed invention because it is in the same field of semiconductor processing. It would have been obvious to one ordinarily skilled in the art at the time of filing to have incorporated the base member and cooling paths design of the upper electrode as taught by Fuji into the backing plate of modified Dhindsa as doing so would provide for controlled cooling of the shower head when the shower head is heated by the plasma during processing (Fuji, [0039]). Regarding claim 14, modified Dhindsa fails to teach wherein the second member further provides a flow path that is provided for allowing a refrigerant to flow through the flow path. However, Fuji teaches wherein the second member further provides a flow path that is provided for allowing a refrigerant to flow through the flow path (Fuji, Fig. 1, [0039], path 92 is formed in base member 38 for a coolant to run through). It would have been obvious to one ordinarily skilled in the art at the time of filing to have incorporated the base member and cooling paths design of the upper electrode as taught by Fuji into the backing plate of modified Dhindsa as doing so would provide for controlled cooling of the shower head when the shower head is heated by the plasma during processing (Fuji, [0039]). Response to Arguments In the Applicant’s response filed 11/20/25, the Applicant asserts that none of the cited prior art, particularly Minami, teach the claim limitations “a cover layer disposed on the insulating layer and the insulating layer disposed on the main body” and “a diameter of the opening of each of the plurality of second holes is larger than a diameter of each of the plurality of first holes” of independent claim 1, and similarly independent claim 4, 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. Conclusion 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 TODD M SEOANE whose telephone number is (703)756-4612. The examiner can normally be reached M-F 9-5. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Gordon Baldwin can be reached at 571-272-5166. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /TODD M SEOANE/Examiner, Art Unit 1718 /GORDON BALDWIN/Supervisory Patent Examiner, Art Unit 1718
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Prosecution Timeline

Dec 01, 2022
Application Filed
Sep 17, 2025
Non-Final Rejection — §103
Nov 20, 2025
Response Filed
Feb 13, 2026
Final Rejection — §103 (current)

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Study what changed to get past this examiner. Based on 4 most recent grants.

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Expected OA Rounds
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3y 6m
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