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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Election/Restrictions
Applicant’s election without traverse of Group I (claims 1-17) in the reply filed on 03/06/2026 is acknowledged.
Claims 18-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Group II (method), there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 03/06/2026.
Applicant is reminded that upon the cancelation of claims to a non-elected invention, the inventorship must be corrected in compliance with 37 CFR 1.48(a) if one or more of the currently named inventors is no longer an inventor of at least one claim remaining in the application. A request to correct inventorship under 37 CFR 1.48(a) must be accompanied by an application data sheet in accordance with 37 CFR 1.76 that identifies each inventor by his or her legal name and by the processing fee required under 37 CFR 1.17(i).
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 limitation(s) 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 limitation(s) is/are:
First opening/closing device (opening/closing blades, first frame, para. [0021]) in at least claims 1-17.
Second opening/closing device (opening/closing door structure, second frame, para. [0026]) in at least claims 1-17.
Opening/closing door structure (opening/closing door, door seal, para. [0029]) in at least claims 1-17.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/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 limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) 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 limitation(s) recite(s) 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.
This application includes one or more claim limitations that use the word “means” or “step” but are nonetheless not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph because the claim limitation(s) recite(s) sufficient structure, materials, or acts to entirely perform the recited function. Such claim limitation(s) is/are:
Seal structure (bellows seal, magnetic fluid seal, para. [0033]) in at least claims 8-17.
(first second third) power unit(s) (motor, para. [0035-0037]) in at least claims 10, 12, 17.
Because this/these claim limitation(s) is/are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are not being interpreted to cover only the corresponding structure, material, or acts described in the specification as performing the claimed function, and equivalents thereof.
If applicant intends to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to remove the structure, materials, or acts that performs the claimed function; or (2) present a sufficient showing that the claim limitation(s) does/do not recite sufficient structure, materials, or acts to perform the claimed function.
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 1-7 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 1 recites the limitation " a process chamber including a housing providing a process space where plasma processing is performed" in the claim. It is unclear if the “housing” is part of the observation device or is of the “processing chamber” as the claim states the “housing providing a process space where plasma processing is performed.” Examiner interprets as the “a process chamber including a housing adjacent a process space where plasma processing is performed.” Appropriate clarification is requested.
Claims 8-17 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 8 recites the limitation " a process chamber including a housing providing a process space where plasma processing is performed" in the claim. It is unclear if the “housing” is part of the observation device or is of the “processing chamber” as the claim states the “housing providing a process space where plasma processing is performed.” Examiner interprets as the “a process chamber including a housing adjacent a process space where plasma processing is performed.” Appropriate clarification is requested.
Allowable Subject Matter
The following is a statement of reasons for the indication of allowable subject matter:
Claims 8, 1: US 20120111269 to Du discloses a substrate treating apparatus comprising: a process chamber (26 [reaction chamber], Fig. 2) including a housing (24 [process observation device]) providing a process space (12 first through hole]) where plasma processing is performed (para. [0023]), a substrate support (shown but not referenced) inside the process chamber (26) and configured to support a substrate (para. [0023]);
US 20060112879 to Lee discloses an upper electrode (101 [reactant gas supply], Fig. 1) above the substrate support (103 [substrate support]) and spaced apart from substrate support (103); a power generator (102 [ power supply]) configured to apply, to the upper electrode (101), source power for generating plasma in the process space of the process chamber (para. [0026]) for the purpose of creating plasma from the reactant gases within the chamber (para. [0026]).
US 6206976 to Crevasse discloses a first opening/closing device (81 [iris diaphragm], Fig. 22-27) in a side wall of a housing (85/71), the first opening/closing device (81) including a first frame (frame of 81) and at least one opening/closing blade (82 [slidable elements]) connected to the first frame (frame of 81), wherein an inner portion of the at least one opening/closing blade (82) forms a first opening (83 [opening]), for the purpose of controling fluid flow through the open area (c. 8, l. 10).
US 20040245489 to Kurita discloses a second opening/closing device (101 [chamber isolation valve], Fig. 1A) on an outside of the side wall of a housing (outside of P [processing chamber]), the second opening/closing device (101) including a second frame (105 [valve housing]) and an opening/closing door structure (103 closure member]) connected to the second frame (105), and a seal structure (107 [sealing portion]) connected to the second opening/closing device (101), wherein the first opening/closing device (81 of Crevasse), the second opening/closing device (101 of Kurita), and the seal structure (107 of Kurita) are configured to maintain a vacuum state of the process space, for the purpose of seal the chamber opening (para. [0018]).
However the prior art of record fails to teach or suggest the second opening/closing device on a same line as the first opening/closing device, the second frame having a circular shape, as set forth in the present claims. The apparatus of Du, in view of Lee, Crevasse, Kurita fail to disclose the limitations above. Further, no other prior art was located that fairly suggested the claimed invention in whole or in part, along with the requisite motivation for combination, to anticipate or render the claimed invention obvious. This subject matter is therefore rendered indicated as allowable.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 20240096606 discloses a plasma shutter (3, Fig. 3-4) may include a shield door (31), a connection block (33), and a gasket (35, para. [0054]). US 20190136364 discloses shutter (9, Fig. 1C) comprises a mechanical iris shutter (9c), which is configured to be actuatably coupled to a driver (12); iris shutter 9c can be coupled to substrate holder 6 such that the iris portion (e.g., aperture) overlaps with substrate 8 (para. [0036]). (Different Embodiment) Shutter (9) comprises a segment of a flexible, flat material that is wound around a spool (not shown), which is rotatably coupled to a driver (12); shutter (9) is slidably coupled to one or more rails (30) and extends along the surface of substrate holder (6, para. [0035]).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Charlee J. C. Bennett whose telephone number is (571)270-7972. The examiner can normally be reached M-Th 10am-6pm.
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, Gordon Baldwin can be reached at 5712725166. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Charlee J. C. Bennett/Primary Examiner, Art Unit 1718
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