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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “heat equalizing structure” must be shown or the features canceled from the claims. No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to under 37 CFR 1.83(a) because they fail to show “heat equalizing plates” as described in the specification. Any structural detail that is essential for a proper understanding of the disclosed invention should be shown in the drawing. MPEP § 608.02(d). Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitations uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitations are: “heat equalizing structure”, “adjustment structure”, “block structure”, “valve structure”, “body structure” in the claims.
Because this/these claim limitations are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitations interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitations to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitations recites sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 102/103
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 and 14-16 are rejected under 35 U.S.C. 102(a)(1) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Burkhart; Christopher William et al. (US 20170203511 A1). Burkhart teaches a gas supply system (2700; Figure 27-28; [0135]) comprising: a plurality of first valves (“valves” 2746,2750,2752; Figure 27-28; [0135]; heated-[0180]-Applicant’s “40”-assumed 40a-40f; Figure 3) capable of opening and closing one or more flow paths (3056,3158,3363; Figure 30-38; “tubular passages” throughout, ex.[0144]) through which one or more fluids that contribute to a processing of a substrate are supplied to a process chamber (not shown; [0091]); a plurality of heating regions (3772 for each “tubular passage”; Figure 37; [0152];“heat traces”; [0144]-[0145]; 3768; Figure 37; [0152]; 3872; Figure 38; [0155]-Applicant’s H1-H3; Figure 5,7A) in which the plurality of first valves (“valves” 2746,2750,2752; Figure 27-28; [0135]; heated-[0180]-Applicant’s “40”-assumed 40a-40f; Figure 3) are heated; a heat equalizing structure (3774+3772; Figure 37; [0152];3874; Figure 38;“second dielectric layer...provide thermal isolation”; [0145]-Applicant’s Figure 6; [0056]) provided at the plurality of heating regions (3772 for each “tubular passage”; Figure 37; [0152];“heat traces”; [0144]-[0145]; 3768; Figure 37; [0152]; 3872; Figure 38; [0155]-Applicant’s H1-H3; Figure 5,7A); a plurality of heaters (3772 for each “tubular passage”; Figure 37; [0152];“heat traces”; [0144]-[0145]; 3768; Figure 37; [0152]; 3872; Figure 38; [0155]-Applicant’s H1-H3; Figure 5,7A) provided inside the heat equalizing structure (3774+3772; Figure 37; [0152];3874; Figure 38;“second dielectric layer...provide thermal isolation”; [0145]-Applicant’s “heat equalizing plates”; not shown; [0053]); and an adjustment structure (3770; Figure 37; [0152]; 3870; Figure 38-Applicant’s Figure 6-adjustment structure=connection sheet; [0053]) provided between each adjacent pair among the plurality of heating regions (3772 for each “tubular passage”; Figure 37; [0152];“heat traces”; [0144]-[0145]; 3768; Figure 37; [0152]; 3872; Figure 38; [0155]-Applicant’s H1-H3; Figure 5,7A) so as to adjust a heat conduction in the heat equalizing structure (3774+3772; Figure 37; [0152];3874; Figure 38;“second dielectric layer...provide thermal isolation”; [0145]-Applicant’s Figure 6; [0056]), wherein the plurality of heaters (3772 for each “tubular passage”; Figure 37; [0152];“heat traces”; [0144]-[0145]; 3768; Figure 37; [0152]; 3872; Figure 38; [0155]-Applicant’s H1-H3; Figure 5,7A) are provided below the plurality of first valves (“valves” 2746,2750,2752; Figure 27-28; [0135]; heated-[0180]-Applicant’s “40”-assumed 40a-40f; Figure 3), respectively, and the plurality of heating regions (3772 for each “tubular passage”; Figure 37; [0152];“heat traces”; [0144]-[0145]; 3768; Figure 37; [0152]; 3872; Figure 38; [0155]-Applicant’s H1-H3; Figure 5,7A) are provided corresponding to the plurality of heaters (3772 for each “tubular passage”; Figure 37; [0152];“heat traces”; [0144]-[0145]; 3768; Figure 37; [0152]; 3872; Figure 38; [0155]-Applicant’s H1-H3; Figure 5,7A), respectively, as claimed by claim 1
Burkhart further teaches:
The gas supply system (2700; Figure 27-28; [0135]) of claim 1, wherein the adjustment structure (3770; Figure 37; [0152]; 3870; Figure 38-Applicant’s Figure 6-adjustment structure=connection sheet; [0053]) is configured such that a thermal conductivity of the heat equalizing structure (3774+3772; Figure 37; [0152];3874; Figure 38;“second dielectric layer...provide thermal isolation”; [0145]-Applicant’s Figure 6; [0056]) varies in a vertical direction, as claimed by claim 2. The Examiner notes that Applicant’s mode for varying the thermal conductivity is by “…varied in accordance with a positional relationship with the heater HT, or the thermal conductivity may be varied in accordance with the power supplied to the heater HT” (Applicant’s [0098]). Burkhart also teaches the illustrated piping with varied “positional relationship” as well as independent control of heat traces – [0180]-[0181], etc.. “zones”.
The gas supply system (2700; Figure 27-28; [0135]) of claim 1, wherein the heat equalizing structure (3774+3772; Figure 37; [0152];3874; Figure 38;“second dielectric layer...provide thermal isolation”; [0145]-Applicant’s Figure 6; [0056]) is provided for each of the plurality of heating regions (3772 for each “tubular passage”; Figure 37; [0152];“heat traces”; [0144]-[0145]; 3768; Figure 37; [0152]; 3872; Figure 38; [0155]-Applicant’s H1-H3; Figure 5,7A), as claimed by claim 3
The gas supply system (2700; Figure 27-28; [0135]) of claim 1, wherein the plurality of first valves (“valves” 2746,2750,2752; Figure 27-28; [0135]; heated-[0180]-Applicant’s “40”-assumed 40a-40f; Figure 3) are provided outside of the process chamber (not shown; [0091]), as claimed by claim 4
The gas supply system (2700; Figure 27-28; [0135]) of claim 4, wherein the plurality of first valves (“valves” 2746,2750,2752; Figure 27-28; [0135]; heated-[0180]-Applicant’s “40”-assumed 40a-40f; Figure 3) are provided at locations closer to the process chamber (not shown; [0091]) than the other valves (“valves” 2746,2750,2752; Figure 27-28; [0135]; heated-[0180]) provided in piping communicating with the process chamber (not shown; [0091]), as claimed by claim 5
The gas supply system (2700; Figure 27-28; [0135]) of claim 1, wherein the plurality of heaters (3772 for each “tubular passage”; Figure 37; [0152];“heat traces”; [0144]-[0145]; 3768; Figure 37; [0152]; 3872; Figure 38; [0155]-Applicant’s H1-H3; Figure 5,7A) are configured to be: capable of heating the plurality of first valves (“valves” 2746,2750,2752; Figure 27-28; [0135]; heated-[0180]-Applicant’s “40”-assumed 40a-40f; Figure 3)
The gas supply system (2700; Figure 27-28; [0135]) of claim 1, wherein the plurality of heaters (3772 for each “tubular passage”; Figure 37; [0152];“heat traces”; [0144]-[0145]; 3768; Figure 37; [0152]; 3872; Figure 38; [0155]-Applicant’s H1-H3; Figure 5,7A) are configured to be capable of individually heating (independent control of heat traces – [0180]-[0181], etc.. “zones”) the plurality of heating regions (3772 for each “tubular passage”; Figure 37; [0152];“heat traces”; [0144]-[0145]; 3768; Figure 37; [0152]; 3872; Figure 38; [0155]-Applicant’s H1-H3; Figure 5,7A), as claimed by claim 7
The gas supply system (2700; Figure 27-28; [0135]) of claim 1, wherein the plurality of heaters (3772 for each “tubular passage”; Figure 37; [0152];“heat traces”; [0144]-[0145]; 3768; Figure 37; [0152]; 3872; Figure 38; [0155]-Applicant’s H1-H3; Figure 5,7A) are configured to be capable of heating the plurality of heating regions (3772 for each “tubular passage”; Figure 37; [0152];“heat traces”; [0144]-[0145]; 3768; Figure 37; [0152]; 3872; Figure 38; [0155]-Applicant’s H1-H3; Figure 5,7A) to respective pre-set temperatures, as claimed by claim 8. As stated above, Burkhart also teaches the independent control of heat traces – [0180]-[0181], etc.. “zones”.
The gas supply system (2700; Figure 27-28; [0135]) of claim 1, wherein the plurality of heaters (3772 for each “tubular passage”; Figure 37; [0152];“heat traces”; [0144]-[0145]; 3768; Figure 37; [0152]; 3872; Figure 38; [0155]-Applicant’s H1-H3; Figure 5,7A) are configured to be capable of heating the plurality of heating regions (3772 for each “tubular passage”; Figure 37; [0152];“heat traces”; [0144]-[0145]; 3768; Figure 37; [0152]; 3872; Figure 38; [0155]-Applicant’s H1-H3; Figure 5,7A) to a temperature set in accordance with a type of a gas flowing through the one or more flow paths (3056,3158,3363; Figure 30-38; “tubular passages” throughout, ex.[0144]) provided in the plurality of heating regions (3772 for each “tubular passage”; Figure 37; [0152];“heat traces”; [0144]-[0145]; 3768; Figure 37; [0152]; 3872; Figure 38; [0155]-Applicant’s H1-H3; Figure 5,7A), as claimed by claim 9. The above and below noted italicized claim text denotes what is considered intended use claim requirements for 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 gas supply system (2700; Figure 27-28; [0135]) of claim 9, wherein the temperature varies depending on the type of the gas flowing through the one or more flow paths (3056,3158,3363; Figure 30-38; “tubular passages” throughout, ex.[0144]) provided in the plurality of heating regions (3772 for each “tubular passage”; Figure 37; [0152];“heat traces”; [0144]-[0145]; 3768; Figure 37; [0152]; 3872; Figure 38; [0155]-Applicant’s H1-H3; Figure 5,7A), as claimed by claim 10
The gas supply system (2700; Figure 27-28; [0135]) of claim 1, wherein the fluid that contributes to the processing of the substrate comprises at least one of a process gas or a gaseous mixture of the process gas and an inert gas, and wherein the process gas comprises at least one of a source gas, a reactive gas, a modification gas or combinations thereof, as claimed by claim 11
The gas supply system (2700; Figure 27-28; [0135]) of claim 1, further comprising: a plurality of second valves (“valves” 2746,2750,2752; Figure 27-28; [0135]; heated-[0180]) capable of allowing a fluid that does not contribute to the processing of the substrate to be supplied to the process chamber (not shown; [0091]), as claimed by claim 14
The gas supply system (2700; Figure 27-28; [0135]) of claim 14, wherein the fluid that does not contribute to the processing of the substrate comprises an inert gas, as claimed by claim 15
A substrate processing apparatus comprising: a gas supply system (2700; Figure 27-28; [0135]) comprising: a plurality of first valves (“valves” 2746,2750,2752; Figure 27-28; [0135]; heated-[0180]-Applicant’s “40”-assumed 40a-40f; Figure 3) capable of opening and closing one or more flow paths (3056,3158,3363; Figure 30-38; “tubular passages” throughout, ex.[0144]) through which one or more fluids that contribute to a processing of a substrate are supplied to a process chamber (not shown; [0091]); a plurality of heating regions (3772 for each “tubular passage”; Figure 37; [0152];“heat traces”; [0144]-[0145]; 3768; Figure 37; [0152]; 3872; Figure 38; [0155]-Applicant’s H1-H3; Figure 5,7A) in which the plurality of first valves (“valves” 2746,2750,2752; Figure 27-28; [0135]; heated-[0180]-Applicant’s “40”-assumed 40a-40f; Figure 3) are heated; a heat equalizing structure (3774+3772; Figure 37; [0152];3874; Figure 38;“second dielectric layer...provide thermal isolation”; [0145]-Applicant’s Figure 6; [0056]) provided at the plurality of heating regions (3772 for each “tubular passage”; Figure 37; [0152];“heat traces”; [0144]-[0145]; 3768; Figure 37; [0152]; 3872; Figure 38; [0155]-Applicant’s H1-H3; Figure 5,7A); a plurality of heaters (3772 for each “tubular passage”; Figure 37; [0152];“heat traces”; [0144]-[0145]; 3768; Figure 37; [0152]; 3872; Figure 38; [0155]-Applicant’s H1-H3; Figure 5,7A) provided inside the heat equalizing structure (3774+3772; Figure 37; [0152];3874; Figure 38;“second dielectric layer...provide thermal isolation”; [0145]-Applicant’s “heat equalizing plates”; not shown; [0053]); and an adjustment structure (3770; Figure 37; [0152]; 3870; Figure 38-Applicant’s Figure 6-adjustment structure=connection sheet; [0053]) provided between each adjacent pair among the plurality of heating regions (3772 for each “tubular passage”; Figure 37; [0152];“heat traces”; [0144]-[0145]; 3768; Figure 37; [0152]; 3872; Figure 38; [0155]-Applicant’s H1-H3; Figure 5,7A) so as to adjust a heat conduction in the heat equalizing structure (3774+3772; Figure 37; [0152];3874; Figure 38;“second dielectric layer...provide thermal isolation”; [0145]-Applicant’s Figure 6; [0056]), as claimed by claim 16. Because Burkhart’s equivalent adjustment structure (3770; Figure 37; [0152]; 3870; Figure 38-Applicant’s Figure 6-adjustment structure=connection sheet; [0053]) follows the contour of Burkhart’s piping (ex. 3158; Figure 31, 3363; Figure 33), Burkhart’s structure (3770; Figure 37; [0152]; 3870; Figure 38-Applicant’s Figure 6-adjustment structure=connection sheet; [0053]) is provided between each adjacent pair among the plurality of heating regions (3772 for each “tubular passage”; Figure 37; [0152];“heat traces”; [0144]-[0145]; 3768; Figure 37; [0152]; 3872; Figure 38; [0155]-Applicant’s H1-H3; Figure 5,7A), wherein the plurality of heaters (3772 for each “tubular passage”; Figure 37; [0152];“heat traces”; [0144]-[0145]; 3768; Figure 37; [0152]; 3872; Figure 38; [0155]-Applicant’s H1-H3; Figure 5,7A) are provided below the plurality of first valves (“valves” 2746,2750,2752; Figure 27-28; [0135]; heated-[0180]-Applicant’s “40”-assumed 40a-40f; Figure 3), respectively, and the plurality of heating regions (3772 for each “tubular passage”; Figure 37; [0152];“heat traces”; [0144]-[0145]; 3768; Figure 37; [0152]; 3872; Figure 38; [0155]-Applicant’s H1-H3; Figure 5,7A) are provided corresponding to the plurality of heaters (3772 for each “tubular passage”; Figure 37; [0152];“heat traces”; [0144]-[0145]; 3768; Figure 37; [0152]; 3872; Figure 38; [0155]-Applicant’s H1-H3; Figure 5,7A), respectively, as claimed by claim 16
Burkhart’s Figure 28 is illustrated with Burkhart’s heaters (3772 for each “tubular passage”; Figure 37; [0152];“heat traces”; [0144]-[0145]; 3768; Figure 37; [0152]; 3872; Figure 38; [0155]-Applicant’s H1-H3; Figure 5,7A) and valves (“valves” 2746,2750,2752; Figure 27-28; [0135]; heated-[0180]-Applicant’s “40”-assumed 40a-40f; Figure 3) in numerous relative orientations where some of Burkhart’s heaters (3772 for each “tubular passage”; Figure 37; [0152];“heat traces”; [0144]-[0145]; 3768; Figure 37; [0152]; 3872; Figure 38; [0155]-Applicant’s H1-H3; Figure 5,7A) are provided below the plurality of valves (“valves” 2746,2750,2752; Figure 27-28; [0135]; heated-[0180]-Applicant’s “40”-assumed 40a-40f; Figure 3) and some of Burkhart’s heaters (3772 for each “tubular passage”; Figure 37; [0152];“heat traces”; [0144]-[0145]; 3768; Figure 37; [0152]; 3872; Figure 38; [0155]-Applicant’s H1-H3; Figure 5,7A) are provided above the plurality of valves (“valves” 2746,2750,2752; Figure 27-28; [0135]; heated-[0180]-Applicant’s “40”-assumed 40a-40f; Figure 3) and some of Burkhart’s – claim 1, 16.
As a result, if Burkhart is not deemed to antcipate the claimed invention, then it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention for Burkhart to optimize the relative positions/locations of Burkhart’s valves relative to Burkhart’s heaters.
Motivation for Burkhart to optimize the relative positions/locations of Burkhart’s valves relative to Burkhart’s heaters is for optimized distances beween gas sources and processing chambers as taught by Burkhart ([0101]).
Claims 12-13 are rejected under 35 U.S.C. 102(a)(1) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Burkhart; Christopher William et al. (US 20170203511 A1). Burkhart is discussed above. Burkhart further teaches the gas supply system (2700; Figure 27-28; [0135]) of claim 12, further comprising: a body structure (222; Figure 2; “valves” 2746,2750,2752; Figure 27-28; [0135]; heated-[0180]-Applicant’s “body structure”; Figure 6) provided with a valve structure (230; Figure 6; “valves” 2746,2750,2752; Figure 27-28; [0135]; heated-[0180]; Applicant’s “valve structure”; Figure 6) capable of opening and closing the flow path through which the fluid flows, wherein another flow path, through which the flow path provided in the block structure (“tubular passages”; 3158; Figure 31; 3363; Figure 33-Applicant’s Figure 6; 11/21/25 response) communicates with the valve structure (230; Figure 6; “valves” 2746,2750,2752; Figure 27-28; [0135]; heated-[0180]; Applicant’s “valve structure”; Figure 6), is provided in the body structure (222; Figure 2; “valves” 2746,2750,2752; Figure 27-28; [0135]; heated-[0180]-Applicant’s “body structure”; Figure 6), as claimed by claim 13
Because Burkhart’s “tubular passages” (3158; Figure 31; 3363; Figure 33) have varying three-dimensional orientations (Figure 27-33), Burkhart’s block structure (“tubular passages”; 3158; Figure 31; 3363; Figure 33-Applicant’s Figure 6; 11/21/25 response) can have an orientation such that Burkhart’s heat equalizing structure (3774+3772; Figure 37; [0152];3874; Figure 38;“second dielectric layer...provide thermal isolation”; [0145]-Applicant’s Figure 6; [0056]) is provided below Burkhart’s block structure (“tubular passages”; 3158; Figure 31; 3363; Figure 33-Applicant’s Figure 6; 11/21/25 response). As a result, Burkhart may or may not teach:
The gas supply system (2700; Figure 27-28; [0135]) of claim 1, further comprising: a block structure (“tubular passages”; 3158; Figure 31; 3363; Figure 33-Applicant’s Figure 6; 11/21/25 response) where a flow path through which the fluid flows is provided, wherein the heat equalizing structure (3774+3772; Figure 37; [0152];3874; Figure 38;“second dielectric layer...provide thermal isolation”; [0145]-Applicant’s Figure 6; [0056]) is provided below the block structure (“tubular passages”; 3158; Figure 31; 3363; Figure 33-Applicant’s Figure 6; 11/21/25 response), as claimed by claim 12
If the Examiner’s grounds for anticipation are not accepted, then, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention for Burkhart to optimize the relative orientation of Burkhart’s “tubular passages” (3158; Figure 31; 3363; Figure 33) in three-dimensional orientations (Figure 27-33).
Motivation for Burkhart to optimize the relative orientation of Burkhart’s “tubular passages” (3158; Figure 31; 3363; Figure 33) in three-dimensional orientations (Figure 27-33) is for accommodating gas distribution between Burkhart’s gas sources and Burkhart’s process chamber (not shown; [0091]).
Response to Arguments
Applicant's arguments filed November 21, 2025 have been fully considered but they are not persuasive.
Applicant states:
“
The drawings are objected to as allegedly failing to show the claimed "block structure" recited in dependent claims 12 and 13. Applicant submits that the claimed block structure is represented in the block diagram shown in Fig. 6 (see paragraphs [0054] and [0055] of the specification). To further clarify that Fig. 6 is intended to serve as the claimed block structure, Fig. 6 has been amended in the replacement drawing sheet to indicate the first valve (40) and the heating regions H1 and H2. In view of these clarifications, Applicant respectfully requests the Examiner to withdraw the objection to the drawings.
“
In response, the objection is withdrawn.
Applicant states:
“
Burkhart does not disclose or suggest these claim requirements. While paragraph [0180] of Burkhart, cited by the Examiner, states that the resistive heating element layer (3772) is configured to compensate for heat loss of the valve, it does not disclose or suggest that the resistive heating element layer (3772) is provided below the valve. Consequently, the subject matter of independent claims 1 and 17 and the dependent claims is not anticipated by and would not have been obvious from Burkhart. Accordingly, Applicant respectfully requests the Examiner to reconsider and withdraw these rejections.
“
In response, the Examiner’s above new grounds of rejection addresses Applicant’s arguments.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Similar “gas stick” fluid distribution include at least: US 6283143 B1; US 20170021317 A1; US 10215317 B2; US 20190211955 A1; US 10794519 B2.
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.
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/Rudy Zervigon/ Primary Examiner, Art Unit 1716