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 Request for Reconsideration dated 12/16/2025.
4. Claims 1-19 and 21 are currently pending.
5. Claims 1, 3-4, 6, 11, 13, 15, and 17 have been amended.
6. Claim 20 has been cancelled.
7. Claim 21 has been added.
Claim Rejections - 35 USC § 112
8. The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
9. Claim 21 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Regarding claim 21:
Claim 21 recites “wherein a first side of the first shunt capacitor is in direct electrical connection with the first supply terminal while a second side of the first shunt capacitor is in direct electrical connection with the first ground terminal, and a first side of the second shunt capacitor is in direct electrical connection with the second supply terminal while a second side of the second shunt capacitor is in direct electrical connection with the first ground terminal”. It is noted that the instant specification defines “directly connected to” as having no intervening elements present [0011]. However, examiner notes that the Specification does NOT provide support for no intervening elements between: (i) a first side of the first shunt capacitor and the first supply terminal (first portion and the second portion of the first coil are disposed therebetween); (ii) a second side of the first shunt capacitor and the first ground terminal (first portion and the second portion of the first coil are disposed therebetween); (iii) a first side of the second shunt capacitor and the second supply terminal (first portion and the second portion of the second coil are disposed therebetween); and (iv) a second side of the second shunt capacitor and the first ground terminal (first portion and the second portion of the second coil are disposed therebetween).
10. The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
11. Claim 21 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 21:
Claim 21 recites “a second side of the second shunt capacitor is in direct electrical connection with the first ground terminal”. However, claim 1, from which claim 21 depends, sets forth “a second shunt capacitor shunted between the second supply terminal and the second ground terminal”. Therefore, it is unclear how the second shunt capacitor could possibly be in direct electrical connection with the first ground terminal if it were to be located between the second supply terminal and the second ground terminal. This is contradictory. For purposes of prosecution on the merits, examiner is interpreting claim 21 to mean “a second side of the second shunt capacitor is in direct electrical connection with the second ground terminal”.
Claim Rejections - 35 USC § 103
12. 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.
13. 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.
14. Claim(s) 1-7, 9-16, 18-19, and 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lee et al (US 2004/0223579) in view of Choi (US 2019/0385814).
Regarding claim 1:
Lee teaches an antenna member (antenna structure) [fig 3 & 0033] comprising: a first coil (10) and a second coil (20) that are rotationally symmetrical with each other (see fig 3), wherein the first coil (10) includes a first supply terminal (P of 10) to which current is applied, a first ground terminal (G of 10) connected to a ground [fig 3 & 0034], the second coil (20) includes a second supply terminal (P of 20) to which current is applied, a second ground terminal (G of 20) connected to the ground [fig 3 & 0034], the first coil (10) includes an arc-shaped first portion (upper portion of 10) and an arc-shaped second portion (10a), and the first portion (upper portion of 10) and the second portion (10a) form a one-turn winding as a whole (see fig 3), the second coil (20) includes an arc-shaped first portion (upper portion of 20) and an arc-shaped second portion (20a), and the first portion (upper portion of 20) and the second portion (20a) form a one-turn winding as a whole (see fig 3), the second portion of each of the first coil and the second coil (10a/20a, respectively) has a height lower than a height of the first portion of each of the first coil and the second coil (upper portion of 10/20, respectively), the second portion of the second coil (20a) is disposed below the first portion of the first coil (upper portion of 10), and the second portion of the first coil (10a) is disposed below the first portion of the second coil (upper portion of 20) [fig 3 & 0036].
Lee does not specifically teach the first coil includes a first shunt capacitor shunted between the first supply terminal and the first ground terminal, and the second coil includes a second shunt capacitor shunted between the second supply terminal and the second ground terminal.
Choi teaches a coil includes a shunt capacitor (variable capacitor, C) shunted between the supply terminal and the ground terminal (see fig 8) [fig 8 & 0047].
It would have been obvious to one skilled in the art before the effective filing date to modify each of the first coil and second coil of Lee to include a shunt capacitor shunted between the supply terminal and the ground terminal, as in Choi, to improve the uniformity of the plasma density on the surface of a substrate by connecting the variable capacitor to the portion of the antenna coil in parallel to adjust its value [Choi – fig 9 & 0050].
Regarding claim 2:
Lee teaches the rotational symmetry is a 180° symmetry (see fig 3) [fig 3 & 0036].
Regarding claim 3:
Lee teaches for each of the first coil (10) and the second coil (20), a center angle between the first portion (upper portion of 10/20) and the second portion (10a/20a) is 180° (see fig 3) [fig 3 & 0036].
Regarding claim 4:
Lee teaches the first supply terminal (P of 10) is provided in the first portion of the first coil (upper portion of 10) and the second supply terminal (P of 20) is provided in the first portion of the second coil (upper portion of 20) [fig 3 & 0034].
Regarding claim 5:
Lee teaches in each of the first coil (10) and the second coil (20), when a portion in which the second portion extends from the first portion is referred to as 0° (D-D’), the first supply terminal (P of 10) and the second supply terminal (P of 20) are provided in the first portion in a position of 90° (C-C’) with respect to 0° (D-D’) [fig 3 & 0036].
Regarding claim 6:
Modified Lee teaches the first shunt capacitor is provided in the second portion of the first coil and the second shunt capacitor is provided in the second portion of the second coil (see location depicted in Choi - variable capacitor, C, is disposed in a winding between the supply terminal and ground terminal) [Choi - fig 8 & 0047].
Regarding claim 7:
Modified Lee teaches in each of the first coil and the second coil, when a portion in which the second portion extends from the first portion is referred to as 0°, the first shunt capacitor and the second shunt capacitor are provided in the second portion in a position of 90° with respect to 0° (see location depicted in Choi - variable capacitor, C, is disposed in a winding between the supply terminal and ground terminal) [Choi - fig 8 & 0047].
Regarding claim 9:
Lee teaches the first supply terminal (P of 10) and the first ground terminal (G of 10) are provided to be adjacent to each other (see fig 3), and the second supply terminal (P of 20) and the second ground terminal (G of 20) are provided in positions adjacent to each other (see fig 3) [fig 3 & 0034].
Regarding claim 10:
Modified Lee teaches the first shunt capacitor and the second shunt capacitor (C) are variable capacitors (variable capacitor) [Choi - fig 8 & 0047].
Regarding claim 11:
Lee teaches a substrate treatment apparatus (inductively coupled plasma generator) [fig 4 & 0033] comprising: a chamber (chamber, C) providing a treatment space [fig 4 & 0034]; a chuck member (see fig 4) provided in the treatment space to support a substrate [fig 4 & 0034]; a window (top wall of chamber, C) disposed above the chuck member [fig 4 & 0034]; and an antenna member (antenna structure) disposed above the window (top wall of chamber, C) [fig 3-4 & 0034], wherein the antenna member (antenna structure) includes: a first coil (10) and a second coil (20) that are rotationally symmetrical with each other (see fig 3), wherein the first coil (10) includes a first supply terminal (P of 10) to which current is applied, a first ground terminal (G of 10) connected to a ground [fig 3 & 0034], the second coil (20) includes a second supply terminal (P of 20) to which current is applied, a second ground terminal (G of 20) connected to the ground [fig 3 & 0034], the first coil (10) includes an arc-shaped first portion (upper portion of 10) and an arc-shaped second portion (10a), and the first portion (upper portion of 10) and the second portion (10a) form a one-turn winding as a whole (see fig 3), the second coil (20) includes an arc-shaped first portion (upper portion of 20) and an arc-shaped second portion (20a), and the first portion (upper portion of 20) and the second portion (20a) form a one-turn winding as a whole (see fig 3), the second portion of each of the first coil and the second coil (10a/20a, respectively) has a height lower than a height of the first portion of each of the first coil and the second coil (upper portion of 10/20, respectively), the second portion of the second coil (20a) is disposed below the first portion of the first coil (upper portion of 10), and the second portion of the first coil (10a) is disposed below the first portion of the second coil (upper portion of 20) [fig 3 & 0036].
Lee does not specifically teach the first coil includes a first shunt capacitor shunted between the first supply terminal and the first ground terminal, and the second coil includes a second shunt capacitor shunted between the second supply terminal and the second ground terminal.
Choi teaches a coil includes a shunt capacitor (variable capacitor, C) shunted between the supply terminal and the ground terminal (see fig 8) [fig 8 & 0047].
It would have been obvious to one skilled in the art before the effective filing date to modify each of the first coil and second coil of Lee to include a shunt capacitor shunted between the supply terminal and the ground terminal, as in Choi, to improve the uniformity of the plasma density on the surface of a substrate by connecting the variable capacitor to the portion of the antenna coil in parallel to adjust its value [Choi – fig 9 & 0050].
Regarding claim 12:
Lee teaches the rotational symmetry is a 180° symmetry (see fig 3) [fig 3 & 0036].
Regarding claim 13:
Lee teaches the first supply terminal (P of 10) is provided in the first portion of the first coil (upper portion of 10) and the second supply terminal (P of 20) is provided in the first portion of the second coil (upper portion of 20) [fig 3 & 0034].
Regarding claim 14:
Lee teaches in each of the first coil (10) and the second coil (20), when a portion in which the second portion extends from the first portion is referred to as 0° (D-D’), the first supply terminal (P of 10) and the second supply terminal (P of 20) are provided in the first portion in a position of 90° (C-C’) with respect to 0° (D-D’) [fig 3 & 0036].
Regarding claim 15:
Modified Lee teaches the first shunt capacitor is provided in the second portion of the first coil and the second shunt capacitor is provided in the second portion of the second coil (see location depicted in Choi - variable capacitor, C, is disposed in a winding between the supply terminal and ground terminal) [Choi - fig 8 & 0047].
Regarding claim 16:
Modified Lee teaches in each of the first coil and the second coil, when a portion in which the second portion extends from the first portion is referred to as 0°, the first shunt capacitor and the second shunt capacitor are provided in the second portion in a position of 90° with respect to 0° (see location depicted in Choi - variable capacitor, C, is disposed in a winding between the supply terminal and ground terminal) [Choi - fig 8 & 0047].
Regarding claim 18:
Modified Lee teaches the first shunt capacitor and the second shunt capacitor (C) are variable capacitors (variable capacitor) [Choi - fig 8 & 0047].
Regarding claim 19:
The claim limitations “wherein the current flowing through the antenna member is adjusted before and after each of the first shunt capacitor and the second shunt capacitor, according to a change in capacitance of the first shunt capacitor or the second shunt capacitor” are merely intended use and are given weight to the extent that the prior art is capable of performing the intended use. A claim containing a “recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus” if the prior art apparatus teaches all the structural limitations of the claim. Ex parte Masham, 2 USPQ2d 1647 (Bd. Pat. App. & Inter. 1987).
Regarding claim 21:
Modified Lee teaches a first side of the first shunt capacitor is in direct electrical connection with the first supply terminal while a second side of the first shunt capacitor is in direct electrical connection with the first ground terminal (10 of Lee was modified to include variable capacitor C of Choi) [Lee – fig 3 & Choi – fig 8 & 0047], and a first side of the second shunt capacitor is in direct electrical connection with the second supply terminal while a second side of the second shunt capacitor is in direct electrical connection with the second ground terminal (20 of Lee was modified to include variable capacitor C of Choi) [Lee – fig 3 & Choi – fig 8 & 0047].
15. Claim(s) 8 and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lee et al (US 2004/0223579) in view of Choi (US 2019/0385814) as applied to claims 1-7, 9-16, 18-19, and 21 above, and further in view of Yamazawa (US 2012/0073757).
The limitations of claims 1-7, 9-16, 18-19, and 21 have been set forth above.
Regarding claims 8 and 17:
Modified Lee does not specifically teach a variable capacitor is connected to each of the first ground terminal and the second ground terminal.
Yamazawa teaches a variable capacitor (variable capacitor, 90) is connected to each of the first ground terminal (64(1)) and the second ground terminal (64(2)) [fig 17A-17B & 0139].
It would have been obvious to one skilled in the art before the effective filing date to modify each of the first ground terminal and second ground terminal of modified Lee to be connected to a variable capacitor, as in Yamazawa, to suppress sputtering on a dielectric window [Yamazawa – 0140].
Response to Arguments
16. Applicant’s arguments, see Remarks, filed 12/16/2025, with respect to the rejection of claim(s) 1-19 under 35 USC 112(b) have been fully considered and are persuasive. The rejection of claim(s) 1-19 under 35 USC 112(b) has been withdrawn in view of the amendments to claims 1, 3-4, 6, 11, 13, and 15.
17. Applicant's arguments, see Remarks, filed 12/16/2025, with respect to the rejection of claim(s) 1-19 under 35 USC 103 have been fully considered but they are not persuasive.
Applicant argues that Choi teaches a variable capacitor connected in parallel but does not teach the variable capacitor being used as a shunt.
In response, it is noted that Choi teaches an identical structural arrangement to that which is claimed. Applicant’s argument is directed to the intended use of the variable capacitor (i.e. used as a shunt). 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.
Conclusion
18. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. KimHongSeub (KR 10-2007-0033222), Nakagami et al (US 2010/0066251), Jang (US 2012/0090785), and Jo et al (US 2020/0243301) teach a first coil and a second coil that are rotationally symmetrical with each other [fig 6, 2, 3, and 4a, respectively].
19. THIS ACTION IS MADE FINAL. 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.
20. 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.
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, William F Kraig can be reached at (571)272-8660. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Benjamin Kendall/Primary Examiner, Art Unit 2896