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 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 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.
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) 1-8, 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hirooka [US 6629423] in view of Matsuzaki [US 20120204576] and Nakamura [US 20060023424].
Claim 1: Hirooka teaches a cooling device for a vacuum apparatus [abstract, col 1, ln 15-20] comprising a cooling element having a cooling duct (pipe) [abstract] with an inlet and outlet [Fig. 1]. However, Hirooka does not appear to teach providing a gas via a supply line and spray supply line connected to the supply line, Matsuzaki is provided.
Matsuzaki teaches providing a spray supply line to the supply line, wherein a spray nozzle is connected to the spray supply line [Fig. 5]. It would have been obvious to one of ordinary skill in the art to provide the spray nozzle connect to a spray supply line as taught by Matsuzaki so as to improve cooling of the substrate [0003]. However, the prior art does not appear to teach providing a compressed gas supply and nebulizing a liquid coolant and feeding the nebulized coolant into the supply line. Nakamura is provided.
Nakamura teaches a cooling apparatus comprising a compressed gas supply and nebulizing a liquid coolant and feeding the nebulized coolant to the coolant device [abstract]. It would have been obvious to one of ordinary skill in the art to provide a compressed gas supply and nebulizing the liquid coolant to be supplied to the coolant device as taught by Nakamura so as to optimize the removal of heat from the substrate [0009].
Claim 2: Hirooka teaches the cooling element is a sample holder [Fig. 1].
Claim 3: Nakamura teaches using a needle valve [0065].
Claims 4-5: Nakamura teaches if the pressure is reduce than the amount of the injected coolant is decreased therefore the liquid is not atomized and sufficiently cooled [0013]. Therefore, it would have been obvious to one of ordinary skill in the art to optimize the amount of nebulized liquid by increasing the nebulized liquid coolant in order to lower the temperature of the cooling element.
Claim 6: Matsuzaki teaches the flow rate control valve can be configured to be opened and closed based upon the targeted cooling temperature [0064].
Claim 7: Matsuzaki teaches the spray nozzle is the inlet valve [Fig. 7].
Claim 8: Matsuzaki teaches the coolant supply line is connected to a supply line to the supply the liquid coolant and the cooling element [Fig. 7], wherein the coolant supply line comprises a coolant inlet valve configured to open at a threshold temperature of the cooling element below a temperature and close a temperature above the threshold temperature [0064], wherein Nakamura teaches the threshold temperature is below the boiling point [0009].
Claim 15: Hirooka teaches the sample holder is disposed in the vacuum chamber and deposition module wherein the sample holder comprises a cooling device [Fig. 1] Matsuzaki also teaches a similar arrangement [Fig. 7].
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MANDY C LOUIE whose telephone number is (571)270-5353. The examiner can normally be reached Monday to Friday 1:00PM to 4:00PM PT.
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/MANDY C LOUIE/ Primary Examiner, Art Unit 1718
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