DETAILED ACTION
Elections/Restrictions
1. This office action is a response to Applicant's election filed on 05/04/2026 without traverse of Group I, species I-1A & I-2A, claims 1-3, 5, 7-18 & 20 for further examination. Claims 4, 6, 19 & 21-75 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.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 statement (IDS) submitted on 10/18/2023 is being considered by the examiner.
Drawings
4. 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 “annular sealing band” recited in claim 7 must be shown or the feature(s) canceled from the claim(s). 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.
Claim Rejections - 35 USC § 112
5. 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.
6. Claim 10 is rejected under 35 U.S.C. 112(b), as being indefinite for failing to particularly point out and distinctly claim the subject matter which applicant regards as the invention.
As regards to claim 10, line 3 recites the limitation “the radially outer portions”. There is insufficient antecedent basis for this limitation in the claim. For examination purposes, examiner is interpreting “the radially outer portions” as “the radially outer portion” recited in line 2. To correct this problem, amend line 3 to recite “the radially outer portion”.
As regards to claim 10, line 4 recites the limitation “the radially inner portions”. There is insufficient antecedent basis for this limitation in the claim. For examination purposes, examiner is interpreting “the radially inner portions” as “the radially inner portion” recited in line 2. To correct this problem, amend line 4 to recite “the radially inner portion”.
Claim Rejections
7. 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.
8. 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 § 102
9. The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
10. Claims 1-2, 5, 7-18 & 20 are rejected under AIA 35 U.S.C. 102(a)(1) as being anticipated by Lei et al. (US 5,556,476 A) hereinafter Lei (the terminology of the claims in the application is used, but the references of Lei are included between parentheses).
As regards to claim 1, Lei discloses a pedestal (abs; fig 1-7b), comprising:
a base portion (see fig 2-7b, disc shaped main portion) to support a substrate (24), the base portion (see fig 2-7b, disc shaped main portion) being disc shaped (see fig 4-5) and having an annular recess (see fig 6-7b, recess within 18 along 220) on an upper surface (see fig 6-7b, upper exterior surface of 18) of the base portion (see fig 2-7b, disc shaped main portion) along an outer diameter (see fig 6-7b) of the base portion (see fig 2-7b, disc shaped main portion) (col 3, ln 21-col 4, ln 50; fig 2-7b);
a stem portion (20) connected to (see fig 6) the base portion (see fig 2-7b, disc shaped main portion) (col 5, ln 15-49; fig 2-7b);
a heat shield (18) arranged below a lower surface (see fig 6-7b, surface of 18 below upper exterior surface of 18) of the base portion (see fig 2-7b, disc shaped main portion), the heat shield (18) and the lower surface (see fig 6-7b, surface of 18 below upper exterior surface of 18) defining a manifold (218) that is in fluid communication with a gas inlet (70) (col 3, ln 21-col 4, ln 50; col 6, ln 22-39; fig 2-7b); and
an edge ring (282) including: a cylindrical portion (see fig 6-7b, vertical inner/outer perimeter portion of 282) surrounding the base portion (see fig 2-7b, disc shaped main portion) and having a first end (see fig 6, bottom of 282 in vertical direction) resting on an outer edge of the heat shield (18) and a second end (see fig 6-7b, to left side of 282 in horizontal direction), an inner surface of the cylindrical portion (see fig 6-7b, vertical inner/outer perimeter portion of 282) and an outer surface (see fig 6-7b) of the base portion (see fig 2-7b, disc shaped main portion) defining a first gap (234) in fluid communication with the manifold (218) (col 3, ln 21-col 4, ln 50; col 6, ln 22-54; fig 2-7b); and
an annular portion (see fig 6-7b, portion of 282 extending along recess within 18 along 220) extending radially inwards over the annular recess (see fig 6-7b, recess within 18 along 220) from the second end (see fig 6-7b, to left side of 282 in horizontal direction) of the cylindrical portion (see fig 6-7b, vertical inner/outer perimeter portion of 282), the annular portion (see fig 6-7b, portion of 282 extending along recess within 18 along 220) and the annular recess (see fig 6-7b, recess within 18 along 220) defining a second gap (220) in fluid communication with the first gap (234) (col 3, ln 21-col 4, ln 50; col 6, ln 22-54; fig 2-7b);
wherein a purge gas supplied to the gas inlet (70) flows through the manifold (218), the first gap (234) and the second gap (220), and radially outwards over the annular portion (see fig 6-7b, portion of 282 extending along recess within 18 along 220) (col 3, ln 21-col 4, ln 50; col 6, ln 22-54; fig 2-7b).
Regarding claim 2, the recitation “wherein the purge gas is supplied to the gas inlet while a material is deposited from a showerhead on a showerhead-facing surface of the substrate, and wherein the purge gas prevents the material from depositing on a pedestal facing surface of the substrate”, this recitation is a statement of process expressions relating the apparatus to contents thereof and intended use which does not patentably distinguish over Lei since Lei meets all the structural elements of the claim and is capable of supplying the purge gas to the gas inlet while a material is deposited from a showerhead on a showerhead-facing surface of the substrate, and wherein the purge gas prevents the material from depositing on a pedestal facing surface of the substrate, if so desired, and does not add structure to the claim. Expressions relating the apparatus to contents thereof and intended use of a known apparatus does not give it patentable weight. See In re Thuau, 57 USPQ 324, CCPA 979 135 F2d 344, 1943. 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 shows all of the structural limitations of the claim. See Ex parte Masham, 2 USPQ2d 1647 (Bd. Pat. App. & Inter. 1987). It is additionally noted that it is well settled that the intended use of a claimed apparatus is not germane to the issue of the patentability of the claimed structure. If the prior art structure is capable of performing the claimed use then it meets the claim. In re Casey, 152 USPQ 235, 238 (CCPA 1967); In re Otto, 136 USPQ 459 (CCPA 1963). Furthermore, “expressions relating the apparatus to contents thereof during an intended operation are of no significance in determining patentability of the apparatus claim.” See Ex parte Thibault, 164 USPQ 666,667 (Bd. App. 1969). Thus, the “inclusion of material or article worked upon does not impart patentability to the claims.” In re Young, 75 F.2d 966, 25 USPQ 69 (CCPA 1935) (as restated in In re Otto, 312 F.2d 937, 136 (USPQ 458, 459 (CCPA 1963)). Therefore, Examiner is disregarding any structural limitations to the apparatus based on process expressions relating the apparatus to contents thereof and the process intended to be used with the apparatus. See MPEP 2114 & 2115.
As regards to claim 2, Lei discloses a pedestal (abs; fig 1-7b), wherein the purge gas is capable of being supplied to the gas inlet (70) while a material is deposited from a showerhead on a showerhead-facing surface of the substrate (24), and wherein the purge gas is capable of preventing the material from depositing on a pedestal (18)-facing surface of the substrate (24) (col 3, ln 21-col 4, ln 50; col 6, ln 22-54; fig 2-7b).
As regards to claim 5, Lei discloses a pedestal (abs; fig 1-7b), wherein the upper surface (see fig 6-7b, upper exterior surface of 18) of the base portion (see fig 2-7b, disc shaped main portion) lies in a higher plane at an outer diameter (see fig 6-7b) of the base portion (see fig 2-7b, disc shaped main portion) than at a center of the base portion (see fig 2-7b, disc shaped main portion) (col 3, ln 21-col 4, ln 50; fig 2-7b).
Regarding claim 7, examiner is interpreting “annular sealing band” consistent with the published specification as “a pedestal” ([0098]).
As regards to claim 7, Lei discloses a pedestal (abs; fig 1-7b), further comprising an annular sealing band (a pedestal) arranged on the upper surface (see fig 6-7b, upper exterior surface of 18) of the base portion (see fig 2-7b, disc shaped main portion) wherein an outer diameter (see fig 6-7b) of the annular sealing band (a pedestal) is equal to an inner diameter of the annular recess (see fig 6-7b, recess within 18 along 220) and an outer diameter (see fig 6-7b) of the substrate (24) (col 3, ln 21-col 6, ln 19; fig 2-7b).
As regards to claim 8, Lei discloses a pedestal (abs; fig 1-7b), further comprising an actuator (22) configured to move the pedestal (18) vertically relative to a showerhead to adjust a gap between the substrate (24) and the showerhead during processing (col 5, ln 15-48; col 7, ln 12-col 8, ln 26; fig 2-7b).
As regards to claim 9, Lei discloses a pedestal (abs; fig 1-7b), wherein an upper surface (see fig 6-7b, upper exterior surface of 282) of the annular portion (see fig 6-7b, portion of 282 extending along recess within 18 along 220) lies in a higher plane than a showerhead-facing surface of the substrate (24) (col 3, ln 21-col 6, ln 19; fig 2-7b).
As regards to claim 10, Lei discloses a pedestal (abs; fig 1-7b), wherein each of upper surface (see fig 6-7b, upper exterior surface of 282) and lower surface (see fig 6-7b, surface of 282 below upper exterior surface of 282) of the annular portion (see fig 6-7b, portion of 282 extending along recess within 18 along 220) includes a radially outer portion (see fig 6-7b) and a radially inner portion (see fig 6-7b), wherein the radially outer portion (see fig 6-7b) extends parallel to the annular recess (see fig 6-7b, recess within 18 along 220) from the cylindrical portion (see fig 6-7b, vertical inner/outer perimeter portion of 282), and wherein the radially inner portion (see fig 6-7b) slopes towards an inner diameter of the annular portion (see fig 6-7b, portion of 282 extending along recess within 18 along 220) (col 3, ln 21-col 6, ln 19; fig 2-7b).
As regards to claim 11, Lei discloses a pedestal (abs; fig 1-7b), wherein the cylindrical portion (see fig 6-7b, vertical inner/outer perimeter portion of 282) is parallel to the outer surface (see fig 6-7b) of the base portion (see fig 2-7b, disc shaped main portion) and wherein the annular portion (see fig 6-7b, portion of 282 extending along recess within 18 along 220) is parallel to the annular recess (see fig 6-7b, recess within 18 along 220) (col 3, ln 21-col 6, ln 19; fig 2-7b).
As regards to claim 12, Lei discloses a pedestal (abs; fig 1-7b), wherein outer diameters (see fig 6-7b) of the cylindrical portion (see fig 6-7b, vertical inner/outer perimeter portion of 282) and the annular portion (see fig 6-7b, portion of 282 extending along recess within 18 along 220) are equal (see fig 6-7b) (col 3, ln 21-col 6, ln 19; fig 2-7b).
As regards to claim 13, Lei discloses a pedestal (abs; fig 1-7b), wherein an inner diameter of the annular recess (see fig 6-7b, recess within 18 along 220) is greater than or equal (see fig 6-7b) to an outer diameter (see fig 6-7b) of the substrate (24) (col 3, ln 21-col 6, ln 19; fig 2-7b).
As regards to claim 14, Lei discloses a pedestal (abs; fig 1-7b), wherein an inner diameter (see fig 6-7b) of the annular portion (see fig 6-7b, portion of 282 extending along recess within 18 along 220) is greater than an inner diameter (see fig 6-7b) of the annular recess (see fig 6-7b, recess within 18 along 220) and an outer diameter (see fig 6-7b) of the substrate (24) (col 3, ln 21-col 6, ln 19; fig 2-7b).
As regards to claim 15, Lei discloses a pedestal (abs; fig 1-7b), wherein an upper surface (see fig 6-7b, upper exterior surface of 282) of the annular portion (see fig 6-7b, portion of 282 extending along recess within 18 along 220) is level with a showerhead-facing surface of the substrate (24) and wherein a lower surface (see fig 6-7b, surface of 282 below upper exterior surface of 282) of the annular portion (see fig 6-7b, portion of 282 extending along recess within 18 along 220) extends parallel to the annular recess (see fig 6-7b, recess within 18 along 220) from the cylindrical portion (see fig 6-7b, vertical inner/outer perimeter portion of 282) and slopes upwards (see fig 6-7b) towards an inner diameter (see fig 6-7b) of the annular portion (see fig 6-7b, portion of 282 extending along recess within 18 along 220) (col 3, ln 21-col 6, ln 19; fig 2-7b). As regards to claim 16, Lei discloses a pedestal (abs; fig 1-7b), further comprising a second ring (32) arranged at a distance above the upper surface (see fig 6-7b, upper exterior surface of 282) of the annular portion (see fig 6-7b, portion of 282 extending along recess within 18 along 220) wherein inner and outer diameters (see fig 6-7b) of the second ring (32) are equal to arbitrary respective diameters of the annular portion (see fig 6-7b, portion of 282 extending along recess within 18 along 220) and wherein upper and lower surfaces (see fig 6-7b) of the second ring (32) are parallel to (see fig 6-7b) the upper surface (see fig 6-7b, upper exterior surface of 18) of the annular portion (see fig 6-7b, portion of 282 extending along recess within 18 along 220) (col 3, ln 21-col 6, ln 19; col 13, ln 14-37; fig 2-7b).
As regards to claim 17, Lei discloses a pedestal (abs; fig 1-7b), wherein the annular portion (see fig 6-7b, portion of 282 extending along recess within 18 along 220) includes a plurality of holes (234) extending radially outwards from an inner diameter of the annular portion (see fig 6-7b, portion of 282 extending along recess within 18 along 220) (col 12, ln 64-col 13, ln 37; fig 2-7b).
As regards to claim 18, Lei discloses a pedestal (abs; fig 1-7b), wherein: a lower surface (see fig 6-7b, surface of 282 below upper exterior surface of 282) of the annular portion (see fig 6-7b, portion of 282 extending along recess within 18 along 220) extends parallel (see fig 6-7b) to the annular recess (see fig 6-7b, recess within 18 along 220) from the cylindrical portion (see fig 6-7b, vertical inner/outer perimeter portion of 282) and slopes upwards (see fig 6-7b) towards an inner diameter (see fig 6-7b) of the annular portion (see fig 6-7b, portion of 282 extending along recess within 18 along 220); and an upper surface (see fig 6-7b, upper exterior surface of 282) of the annular portion (see fig 6-7b, portion of 282 extending along recess within 18 along 220) includes a first portion that slopes upwards (see fig 6-7b) from the inner diameter (see fig 6-7b) of the annular portion (see fig 6-7b, portion of 282 extending along recess within 18 along 220) for a first distance (see fig 6-7b) and a second portion that slopes downwards (see fig 6-7b) towards from the first distance (see fig 6-7b) to an outer diameter (see fig 6-7b) of the annular portion (see fig 6-7b, portion of 282 extending along recess within 18 along 220), and includes a plurality of holes (234) extending radially through the first portion (see fig 6-7b) and partially through second portion (see fig 6-7b) (col 3, ln 21-col 4, ln 50; col 6, ln 22-54; col 12, ln 64-col 13, ln 37; fig 2-7b).
As regards to claim 20, Lei discloses a pedestal (abs; fig 1-7b), wherein the gas inlet (70) is located at a bottom (see fig 2-3) of the stem portion (20) (col 3, ln 21-col 4, ln 50; col 6, ln 22-54; fig 2-7b).
Claim Rejections - 35 USC § 103
11. 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.
12. 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.
13. Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Lei as applied to claim 3 above.
As regards to claim 3, Lei discloses a pedestal (abs; fig 1-7b), further comprising a vacuum clamping system to clamp the substrate (24) to the upper surface (see fig 6-7b, upper exterior surface of 18) of the base portion (see fig 2-7b, disc shaped main portion) (col 11, ln 20-col 12, ln 19; fig 2-7b), however Lei does not disclose an electrostatic clamping system. However, an electrostatic clamping system and a vacuum clamping system are considered functionally equivalent clamping systems. Therefore, before the effective filing date of the invention, it would have been obvious to one of ordinary skill in the art to substitute an electrostatic clamping system for the vacuum clamping system disclosed by Lei since they are functionally equivalent and one of an obvious finite choices of clamping systems with a reasonable expectation of success.
Conclusion
14. 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.
15. 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..
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, 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
Prosecution Insights