DETAILED ACTION
Elections/Restrictions
1. This office action is a response to Applicant's election filed on 12/12/2025 without traverse of Group I, claims 1-12 for further examination. Claims 13-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.
Notice of Pre-AIA or AIA Status
2. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Information Disclosure Statement
3. The information disclosure statements (IDS) submitted on 03/27/2024 & 12/11/2024 are being considered by the examiner.
Claim Rejections
4. 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 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.
5. 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.
Claim Rejections - 35 USC § 103
6. 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 of this title, 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.
7. The factual inquiries for establishing a background for determining obviousness under pre-AIA 35 U.S.C. 103(a) are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
8. Claims 1-12 are rejected under 35 U.S.C. 103 as being unpatentable over Mustafa et al. (US 2021/0395892 A1) hereinafter Mustafa (the terminology of the claims in the application is used, but the references of Mustafa are included between parentheses).
As regards to claim 1, Mustafa discloses a process chamber lid (abs; fig 1-5), comprising:
a lid plate (200) comprising a body (202) having an inner wall (204), an outer wall (206), a top wall (208) and a bottom wall (210), the inner wall (204) extending around a central axis (201) spaced a first distance from the central axis (201) forming an open central region (260) ([0029]-[0031]; [0033]-[0039]; [0041]; [0044]; [0046]-[0050]; fig 1-4),
a showerhead (280) positioned within the open central region (260), the showerhead (280) having a front surface (282) and a back surface (284) defining a thickness (see fig 3) with a plurality of apertures (288) extending through the thickness (see fig 3) ([0029]; [0037]-[0039]; [0057]; [0059]; fig 1-4);
a gas funnel (300) positioned above the showerhead (280), the gas funnel (300) having a front surface (304), a back surface (307), an outer wall (312) and an inner wall (310), the gas funnel (300) having an opening (314) extending through the back surface (307) to the front surface (304) ([0029]; [0037]-[0043]; [0048]-[0051]; [0056]-[0057]; [0060]; fig 1-4); and
a showerhead heater (150) positioned on the back surface (top wall 208) of the lid plate (200) ([0044]-[0050]; fig 1-4), however Mustafa does not disclose the showerhead heater (150) positioned on the back surface (284) of the showerhead (280).
Although Mustafa does not explicitly disclose the claimed showerhead heater configuration/placement, before the effective filing date of the invention, it would have been obvious to one of ordinary skill in the art to modify the process chamber lid of Mustafa to have the showerhead heater configuration/placement recited in the claim and therefore is not expected to alter the operation of the device in a patentably distinct way as it would have been obvious to and within the purview of one having ordinary skill in the art to rearrange the showerhead heater, since Mustafa discloses a showerhead heater (150) positioned on the back surface (top wall 208) of the lid plate (200) and “the particular placement of structural components was held to be an obvious matter of design choice.” In re Kuhle, 526 F.2d 553, 188 USPQ 7 (CCPA 1975).
As regards to claim 2, Mustafa discloses a process chamber lid (abs; fig 1-5), wherein the showerhead heater (150) comprises a plurality of separate segments (see fig 1-2; [0044]) spaced around the back surface (top wall 208) of the lid plate (200) ([0044]-[0050]; fig 1-4), however Mustafa does not disclose spaced around the back surface (284) of the showerhead (280).
Although Mustafa does not explicitly disclose the claimed showerhead heater segment configuration/placement, before the effective filing date of the invention, it would have been obvious to one of ordinary skill in the art to modify the process chamber lid of Mustafa to have the showerhead heater segment configuration/placement recited in the claim and therefore is not expected to alter the operation of the device in a patentably distinct way as it would have been obvious to and within the purview of one having ordinary skill in the art to rearrange the showerhead heater segments, since Mustafa discloses a plurality of separate segments (see fig 1-2; [0044]) spaced around the back surface (top wall 208) of the lid plate (200) and “the particular placement of structural components was held to be an obvious matter of design choice.” In re Kuhle, 526 F.2d 553, 188 USPQ 7 (CCPA 1975).
As regards to claim 3, Mustafa discloses a process chamber lid (abs; fig 1-5), wherein the plurality of separate segments comprises 8 heater segments ([0044]; fig 1-3).
As regards to claim 4, Mustafa discloses a process chamber lid (abs; fig 1-5), wherein the plurality of separate segments are evenly spaced around the back surface (top wall 208) of the lid plate (200) around the central axis (201) ([0044]-[0050]; fig 1-4), however Mustafa does not disclose spaced around the back surface (284) of the showerhead (280).
Although Mustafa does not explicitly disclose the claimed showerhead heater segment configuration/placement, before the effective filing date of the invention, it would have been obvious to one of ordinary skill in the art to modify the process chamber lid of Mustafa to have the showerhead heater segment configuration/placement recited in the claim and therefore is not expected to alter the operation of the device in a patentably distinct way as it would have been obvious to and within the purview of one having ordinary skill in the art to rearrange the showerhead heater segments, since Mustafa discloses a plurality of separate segments (see fig 1-2; [0044]) spaced around the back surface (top wall 208) of the lid plate (200) and “the particular placement of structural components was held to be an obvious matter of design choice.” In re Kuhle, 526 F.2d 553, 188 USPQ 7 (CCPA 1975).
As regards to claim 5, Mustafa discloses a process chamber lid (abs; fig 1-5), wherein each of the plurality of separate segments is independently controlled ([0045]; fig 1-3).
As regards to claim 6, Mustafa discloses a process chamber lid (abs; fig 1-5), further comprising a controller (590) connected to each of the plurality of separate segments and configured to adjust an output of each of the plurality of separate segments ([0045]; [0069]-[0075]; fig 1-3).
As regards to claim 7, Mustafa discloses a process chamber lid (abs; fig 1-5), wherein the lid plate (200) comprises an outer top wall (208a) and an inner top wall (208b), the inner top wall (208) forming an inner ledge (209) having a ledge surface (209a) connecting the inner top wall (208) and the outer top wall (208) ([0047]-[0050]; fig 3-4).
As regards to claim 8, Mustafa discloses a process chamber lid (abs; fig 1-5), wherein the gas funnel (300) has an outer wall (312), the outer wall (312) comprising a lower outer wall (312a) and an upper outer wall (312b), the upper outer wall (312b) being further from the central axis (201) than the lower outer wall (312a), the lower outer wall (312a) and the upper outer wall (312b) connected by a cantilever surface (315) ([0047]-[0050]; fig 3-4), however Mustafa does not disclose the showerhead (280).
Although Mustafa does not explicitly disclose the claimed showerhead configuration/placement, before the effective filing date of the invention, it would have been obvious to one of ordinary skill in the art to modify the process chamber lid of Mustafa to have the showerhead configuration/placement recited in the claim and therefore is not expected to alter the operation of the device in a patentably distinct way as it would have been obvious to and within the purview of one having ordinary skill in the art to rearrange the showerhead and gas funnel, since Mustafa discloses wherein the gas funnel (300) has an outer wall (312), the outer wall (312) comprising a lower outer wall (312b) and an upper outer wall (312a), the upper outer wall (312a) being further from the central axis (201) than the lower outer wall (312b), the lower outer wall (312b) and the upper outer wall (312a) connected by a cantilever surface (315) and “the particular placement of structural components was held to be an obvious matter of design choice.” In re Kuhle, 526 F.2d 553, 188 USPQ 7 (CCPA 1975).
As regards to claim 9, Mustafa discloses a process chamber lid (abs; fig 1-5), wherein the cantilever surface (315) is positioned over the inner ledge (209) of the lid plate (200) ([0047]-[0050]; fig 3-4).
As regards to claim 10, Mustafa discloses a process chamber lid (abs; fig 1-5), further comprising a spacer ring (170) having a top surface (171) and a bottom surface (172), the spacer ring (170) positioned between the cantilever surface (315) of the gas funnel (300) and the inner ledge (209) of the lid plate (200) so that the cantilever surface (315) of the gas funnel (300) is adjacent the top surface (171) of the spacer ring (170) and the inner ledge (209) of the lid plate (200) is adjacent the bottom surface (172) of the spacer ring (170) ([0047]-[0050]; fig 3-4), however Mustafa does not disclose the showerhead (280).
Although Mustafa does not explicitly disclose the claimed showerhead configuration/placement, before the effective filing date of the invention, it would have been obvious to one of ordinary skill in the art to modify the process chamber lid of Mustafa to have the showerhead configuration/placement recited in the claim and therefore is not expected to alter the operation of the device in a patentably distinct way as it would have been obvious to and within the purview of one having ordinary skill in the art to rearrange the showerhead and gas funnel, since Mustafa discloses a spacer ring (170) having a top surface (171) and a bottom surface (172), the spacer ring (170) positioned between the cantilever surface (315) of the gas funnel (300) and the inner ledge (209) of the lid plate (200) so that the cantilever surface (315) of the gas funnel (300) is adjacent the top surface (171) of the spacer ring (170) and the inner ledge (209) of the lid plate (200) is adjacent the bottom surface (172) of the spacer ring (170) and “the particular placement of structural components was held to be an obvious matter of design choice.” In re Kuhle, 526 F.2d 553, 188 USPQ 7 (CCPA 1975).
As regards to claim 11, Mustafa discloses a process chamber lid (abs; fig 1-5), further comprising: an top surface O-ring (174) between and in contact with the top surface (171) of the spacer ring (170) and the cantilever surface (315) of the showerhead (280); and a bottom surface O-ring (176) between and in contact with the bottom surface (172) of the spacer ring (170) and the inner ledge (209) of the lid plate (200) ([0047]-[0050]; fig 3-4).
As regards to claim 12, Mustafa discloses a process chamber lid (abs; fig 1-5), further comprising a gas inlet line (470) connected to the back surface (307) of the gas funnel (300) and providing fluid communication between a gas source (implicit of gas supply) and the opening (314) in the back surface (284) of the gas funnel (300) ([0029]; [0037]-[0043]; [0048]-[0051]; [0056]-[0057]; [0060]-[0061]; fig 1-4).
Conclusion
9. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: all references cited on the attached PTO-892 Notice of References Cited excluding the above relied upon references.
10. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jethro M Pence whose telephone number is (571)270-7423. The examiner can normally be reached M-TH 8:00 A.M. - 6:30 P.M..
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Dah-Wei D. Yuan can be reached on 571-272-1295. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Jethro M. Pence/
Primary Examiner
Art Unit 1717