DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Objections
Claim 2 is objected to because of the following informalities: at line 9, after “and” (first occurrence), the word -- fix – has been misspelled. Appropriate correction is required.
Claim 3 is objected to because of the following informalities: a period punctuation mark -- . -- is missing at the end of the claim (line 5). Appropriate correction is required.
Claim Rejections - 35 USC § 112
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.
Claims 4-5 are 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.
Claim 4 recites the limitation "the 2nd-3 fixing portion" in line 3. There is insufficient antecedent basis for this limitation in the claim.
Claim 4 recites the limitation "the 2nd-3 fixing portion" in line 5. There is insufficient antecedent basis for this limitation in the claim.
The phrase "the 2nd-3 fixing portion" in claim 4-line 3 is not clear since it is not understood what is meant by the term “2nd-3 fixing portion”. Clarification and/or correction are/is required.
The phrase "the 2nd-3 fixing portion" in claim 4-line 5 is not clear since it is not understood what is meant by the term “2nd-3 fixing portion”. Clarification and/or correction are/is required.
The phrase "a 1st-1 fixing portion" in claim 5-line 2 is not clear since it is not understood what is meant by the term “1st-1 fixing portion”. Clarification and/or correction are/is required.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
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(s) 1 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cho et al., KR 10-2016-0043487.
With respect to independent claim 1, Cho et al. shows the invention substantially as claimed including a metal organic chemical vapor deposition apparatus comprising: a chamber 10 providing a processing space in which a substrate W is processed; a substrate support 20 that is disposed inside the chamber and on which the substrate is accommodated; and a gas supply 30 including a gas provider configured to provide a process gas and a purge gas (see, for example, paragraph 0044); a guide assembly connected to the gas provider, configured to guide the process gas to be uniformly supplied to the processing space, wherein the guide assembly includes a plurality of gas guide plates 45 inclined at a predetermined angle toward the processing space and configured to guide the process gas to the processing space; and a plurality of fixing portions 35/34/33 configured to pressurize and fix rear ends of the plurality of gas guide plates (see, for example, Figs. 2-5, and their descriptions, Figs. 2 and 3 are shown below).
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Cho et al. discloses that various parts of the apparatus are fastened by detachably connected means in order to facilitate replacement (see, for example, paragraphs 0029, 0051, 0064). Cho et al. further discloses that the guide assembly is fastened (which is a form of detachably connecting parts), and it appears to further disclose that the guide assembly is fastened to the gas provider (see, for example, paragraph 0056). This notwithstanding, a prima facie case of obviousness still exists because it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention, to detachably connect the guide assembly to the gas provider because such configuration is well known in the art in order to facilitate replacement of the parts and thereby optimize the apparatus and method performed within the apparatus. Furthermore, it should be noted that making elements separable was held to have been obvious. In re Dulberg 129 USPQ 148 (CCPA 1961).
Claim(s) 2-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cho et al., KR 10-2016-0043487 in view of Jin et al., KR 10-2014-0017345.
Regarding claim 2, Cho et al. is applied as above and further discloses that the gas guiding plates 45 are fastened to the side plates of the reaction space forming unit 40 and are inserted with nozzles 32 connected to gas supply lines, respectively, as shown in Fig. 5. The apparatus is further provided with a gas guiding plate position adjusting part 33 fastened to the gas guiding block 35 to which the plurality of gas guiding plates 45 are fastened by brackets, bolts, or the like. The gas guiding block 35 fastened to the gas guiding plate position adjusting part 33 may be moved back and forth by moving the gas guiding plate position adjusting part 33 back and forth along the guide rod 34 (see, for example, Figs. 2-3 and 5, and paragraphs 0056 and 0064, Figs. 2-3 are shown above). Cho et al. does not expressly disclose the specific claimed first, second and third portions. Jin et al. discloses a substrate carrier 100 comprising a first frame 110, a second frame 120, a hinge unit 130, a first handle unit 140 and a second handle unit 150. The first frame 110 is provided with a seating portion for seating a substrate in contact with one edge of the substrate. The second frame 120 corresponds to the first frame 110 and, like the first frame 110, has another placement portion 121 where the substrate is place in contact with the edge of the other side of the inserted substrate. A bond to the frame of the substrate carrier is also included. The first joint 410 is formed to surround an outer side of the first frame 110 on which the substrate is placed, and may have an additional fixing unit (not shown) for fixing to the first frame 110. The second joint 420 is formed to surround the outer side of the second frame 120 and may have additional fixing units (not shown) for fixing to the second frame 120. (see, for example, paragraphs 0030, 0042, 0058, 0061, and Figs. 3-4 and their descriptions, Figs. 3-4 shown below).
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Therefore, it is easy to determine that the fixing portions are provided with a plurality of first and second fixing portions and a third fixing portion and a shelf portion and the position at which the fixing portions are arranged on the basis of the disclosures of Cho et al. and Jin et al.. Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to comprise the claimed first, second and third fixing portions because such configuration is known and used in the art as a suitable configuration for effectively and efficiently accommodating, fix, and securing the plurality of gas guide plates within the apparatus.
Concerning claim 3, it should be noted that Cho et al. discloses that the plurality of gas guiding plates 45 are inclined towards the substrate (see, for example, paragraph 0059, and figs. 2-3 shown above). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention, that in the apparatus of Cho et al. modified by Jin et al. in order for the plurality of gas guiding plates to be fixed in an inclination, the face of the first fixing portion and the face of the second portion that contact the inclined gas guiding plate would comprise the claimed first inclined portion and the claimed second inclined portion, respectively, at the same angle as the inclination at which the gas guiding plates are provided.
With respect to claim 4, it should be noted that Cho et al. discloses that the apparatus is provided with a gas guiding plate position adjusting part 33 fastened to the gas guiding block 35 to which the plurality of gas guiding plates 45 are fastened by brackets, bolts, or the like. The gas guiding block 35 fastened to the gas guiding plate position adjusting part 33 may be moved back and forth by moving the gas guiding plate position adjusting part 33 back and forth along the guide rod 34. Therefore, on the basis of which an additional fixing portion is provided, it is easy to support the lower face of the second-3 fixing portion located lowermost from the lower face of the second fixing portion of the plurality of second fixing portions.
Regarding claim 5, it should be noted that Cho et al. discloses that the gas guide plates 45 are fastened to the gas guide blocks 35, and the gas guide plates 45 are fastened to the side plate of a reaction space formation unit 40, and the reaction gas and the pressing gas flow through the gas guide channels formed between first, second and third gas guide plates 45a, 45b, 45c. Between the uppermost first gas guiding plate 45a and the lower second gas guiding plate 45b thereof, a nozzle 32 is interposed, which is connected to the pressed gas supply port 31a supplying the pressed gas, thereby causing the pressed gas to flow through the gas guiding passage formed by the uppermost first gas guiding plate 45a and the lower second gas guiding plate 45b thereof. And, between the second gas guiding plate 45b and the third gas guiding plate 45c and between the third gas guiding plate 45c and the lower plate 43, respectively, nozzles 32 connected to reactive gas supply ports 31b, 31c supplying reactive gases are interposed, the reaction gas is thereby caused to flow through the gas guiding channels formed by the second and third gas guiding plates 45b, 45c and the lower plate (the spaces between the first fixing portions and between the gas guiding plates forming supply ports for supplying the process gas). The gas guiding plate position adjusting part 33 is fastened to the gas guiding block 35 to which the plurality of gas guiding plates 45 are fastened by brackets, bolts, or the like (see, for example, paragraphs 0056-0057 and 0064, and figures 2-3 and 5).
Concerning claim 6, Cho et al. further discloses that the apparatus comprises a barrier lid 44 disposed above the substrate support and providing a processing space with the substrate support, wherein a front end of a first gas guide plate located at an uppermost part among the plurality of gas guide plates is connected to the barrier lid (see, for example, paragraph 0050 and figs. 2-3).
Regarding claim 7, it should be noted that a front end of the gas guide plate located below the first gas guide plate extends longer than the first gas guide plate and is inserted into a space between the substrate support and the barrier lid (see, for example, Figs. 2-3).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Monkowski et al. (US 4,976,996) is cited for its teachings of an apparatus comprising a plurality of gas guide plates.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LUZ L ALEJANDRO whose telephone number is (571)272-1430. The examiner can normally be reached Monday and Thursday, 8:30 a.m. - 5:00 p.m..
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Parviz Hassanzadeh can be reached at 571-272-1435. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/LUZ L ALEJANDRO MULERO/Primary Examiner, Art Unit 1716
June 6, 2026
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