DETAILED CORRESPONDENCE
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 .
Response to Amendment
Applicants’ submission, filed on 05/26/2026, addressing rejection of claims 10-20 from the non-final office action (02/25/2026), by amending claims 10, 12, 15, and 17, cancelling claims 21-29, and adding new claim 30 is entered and will be addressed below.
Election/Restrictions
Applicants’’ cancellation of claims 21-29 is acknowledged.
Claim interpretations
The newly added limitation “wherein a size of the first section and a size of the second section are configured based at least in part on a flow ratio of the first gas and the second gas“ of claim 10, the purpose of the design is not part of the apparatus. Furthermore, “a size of the first section and a size of the second section” intrinsically defines a flow ratio, that ratio can be considered as “based at least in part on a flow ratio of the first gas and the second gas“. It is also note the flow ratio also depends on the hole size and pressure of the first gas and second gas, the pressure is an operational parameter, therefore, this ratio is also an intended use of the apparatus.
MPEP 2111.04 II states “The broadest reasonable interpretation of a system (or apparatus or product) claim having structure that performs a function, which only needs to occur if a condition precedent is met, requires structure for performing the function should the condition occur. The system claim interpretation differs from a method claim interpretation because the claimed structure must be present in the system regardless of whether the condition is met and the function is actually performed”.
Therefore, the following list are considered an intended use of the apparatus:
“as part of two or more fabrication processes performed on the memory device” and “configured to deposit at least one gas associated with forming a material on the substrate as part of a first fabrication process of the two or more fabrication processes and at least two gasses associated with removing the material from the substrate as part of a second fabrication process of the two or more fabrication processes” of claim 10,
“as part of two or more fabrication processes performed on a device” and “configured to deposit at least one gas associated with forming a material on the substrate as part of a first fabrication process of the two or more fabrication processes and at least two gasses associated with removing the material as part of a second fabrication process of the two or more fabrication processes” of claim 15,
“a first distance between the substrate and the pedestal associated with the first fabrication process of the two or more fabrication processes, wherein the first distance is based at least in part on a first height of the substrate relative to the pedestal; and
a second distance between the substrate and the pedestal associated with the second fabrication process of the two or more fabrication processes, wherein the second distance is based at least in part on a second height of the substrate relative to the pedestal greater than the first height” of claim 14.
It has been held that claim language that simply specifies an intended use or field of use for the invention generally will not limit the scope of a claim (Walter, 618 F.2d at 769, 205 USPQ at 409; MPEP 2106). Additionally, in apparatus claims, intended use must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim (In re Casey, 152 USPQ 235 (CCPA 1967); In re Otto, 136 USPQ 458, 459 (CCPA 1963); MPEP2111.02). When the structure recited in the reference is substantially identical to that of the claims, claimed properties or functions are presumed to be inherent (In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977); MPEP 2112.01).
The ”a first subset of holes of the plurality of holes positioned adjacent to at least a portion of a perimeter of the gas fixture; and
a second subset of holes the plurality of holes positioned in a center of the gas fixture” of claims 11 and 16, this is opposite to the Specification and drawing Fig. 3A which describes a first subset of holes 337 and a second subset of holes 338. Consequently, the first gas line 335-a and the second gas line 335-b as shown in Fig. 3A is also opposite of claims 12 and 17.
Note the boundary of these two subsets of holes is not defined in claims 11 and 16.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 30 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
The new limitation “wherein the first gas line is not connected to the second gas line” does not have support in Applicants’ Specification.
Applicants’ Specification does not express teach “wherein the first gas line is not connected to the second gas line”, furthermore, “In some examples, both of the gas lines may carry the same gas to the gas fixture” ([0028]).
The drawing Figs. 3A and 3B does not show the complete gas line, at least the upstream of these gas lines.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 10-20 are rejected under 35 U.S.C. 103 as being unpatentable over Shaikh et al. (US 20210108314, from IDS, hereafter ‘314), in view of KOZUKA et al. (US 20160035541, from IDS, hereafter ‘541).
‘314 teaches some limitations of:
Claim 10: FIG. 1A illustrates a substrate processing system 100, which is used to process a wafer 128 ([0041], includes the claimed “A system, comprising”):
The multi-level semiconductor processing flow to manufacture advanced memory and logic chips ([0023], includes the claimed “a substrate comprising a memory device”);
a gas-flowing pedestal (referred to herein as a “shower-pedestal” or “show-ped”) ([0024]), a controllable gap that can suppress or allow the plasma on the desired (one or both) sides of the wafer for deposition. The gaps being controlled can include, e.g., a gap spacing between a top side of the wafer and the top surface of the show head 104, and a gap spacing between a back side of the wafer and the top surface of the show-ped 106 ([0026], 2nd sentence), the spacers 130 are sized to provide a controlled separation of the wafer 128 between a top surface of the showerhead 104 (facing the wafer) and a top surface of the show-ped 106 (facing the wafer) ([0042], last sentence, includes the claimed “a pedestal positioned below the substrate and configured to support the substrate”), The front side stacks may be deposited to any number of layers and thicknesses ([0031]), The materials in the stacks may be deposited through chemical vapor deposition techniques such as plasma enhanced chemical vapor deposition (PECVD), low pressure chemical vapor deposition (LPCVD), metal organic chemical vapor deposition (MOCVD), atomic layer deposition (ALD), plasma enhanced atomic layer deposition (PEALD), or through direct metal deposition (DMD), etc. ([0030]), In certain implementations the back side layer may be removed after further processing. Where this is the case, the composition of the back side layer should be chosen such that it can be easily removed from the substrate at an appropriate time ([0036], includes the claimed “as part of two or more fabrication processes performed on the memory device”, note this portion is an intended use of the apparatus, see claim interpretations above);
A center column is configured to support a pedestal for when a top surface of the substrate 128 is being processed, e.g., a film is being formed on the top surface ([0041], 2nd sentence), The center column can also include lift pins, which are controlled by a lift pin control ([0042]), the system has a wafer lift mechanism that allows tight control of parallelism of the substrates against the electrodes. In one embodiment, this is achieved by setting up the lift mechanism parallel to the two electrodes and controlling manufacturing tolerances, e.g., spindle or lift pins mechanisms ([0054], includes the claimed “a support structure positioned below the substrate and configured to adjust a height of the substrate relative to the pedestal as part of the two or more fabrication processes”);
FIG. 5B illustrates a cross-sectional view of the plasma processing system of FIG. 5A. In this example, the orifices 106d of the show-ped 106 and the orifices 104d of the showerhead are shown providing a path out from plenum regions 306 and 304, respectively ([0069], includes the claimed “and a gas fixture comprising a plurality of holes”), In one embodiment, the back-side gas flow enables the PECVD deposition on the back-side of the wafer while the front-side gas flow can deposit on the front side of the wafer. The system can be setup to selectively enable the side of the deposition by turning on and off the reactants that cause the film deposition and replacing them with non-reacting gases (e.g., inert gases) ([0025]), top surface deposition can proceed utilizing process gases introduced into the showerhead 104 ([0075], 3rd sentence, includes the claimed “configured to deposit at least one gas associated with forming a material on the substrate as part of a first fabrication process of the two or more fabrication processes and at least two gases associated with removing the material from the substrate as part of a second fabrication process of the two or more fabrication processes”, note this is an intended use of the apparatus, see claim interpretation above).
Claim 15: FIG. 1A illustrates a substrate processing system 100, which is used to process a wafer 128 ([0041], includes the claimed “An apparatus, comprising”):
a gas-flowing pedestal (referred to herein as a “shower-pedestal” or “show-ped”) ([0024]), a controllable gap that can suppress or allow the plasma on the desired (one or both) sides of the wafer for deposition. The gaps being controlled can include, e.g., a gap spacing between a top side of the wafer and the top surface of the show head 104, and a gap spacing between a back side of the wafer and the top surface of the show-ped 106 ([0026], 2nd sentence), the spacers 130 are sized to provide a controlled separation of the wafer 128 between a top surface of the showerhead 104 (facing the wafer) and a top surface of the show-ped 106 (facing the wafer) ([0042], last sentence, includes the claimed “a pedestal configured to support a substrate”), The front side stacks may be deposited to any number of layers and thicknesses ([0031]), The materials in the stacks may be deposited through chemical vapor deposition techniques such as plasma enhanced chemical vapor deposition (PECVD), low pressure chemical vapor deposition (LPCVD), metal organic chemical vapor deposition (MOCVD), atomic layer deposition (ALD), plasma enhanced atomic layer deposition (PEALD), or through direct metal deposition (DMD), etc. ([0030]), In certain implementations the back side layer may be removed after further processing. Where this is the case, the composition of the back side layer should be chosen such that it can be easily removed from the substrate at an appropriate time ([0036], includes the claimed “as part of two or more fabrication processes performed on a device”, note this portion is an intended use of the apparatus, see claim interpretations above);
FIG. 5B illustrates a cross-sectional view of the plasma processing system of FIG. 5A. In this example, the orifices 106d of the show-ped 106 and the orifices 104d of the showerhead are shown providing a path out from plenum regions 306 and 304, respectively ([0069], includes the claimed “and a gas fixture comprising a plurality of holes”), In one embodiment, the back-side gas flow enables the PECVD deposition on the back-side of the wafer while the front-side gas flow can deposit on the front side of the wafer. The system can be setup to selectively enable the side of the deposition by turning on and off the reactants that cause the film deposition and replacing them with non-reacting gases (e.g., inert gases) ([0025]), top surface deposition can proceed utilizing process gases introduced into the showerhead 104 ([0075], 3rd sentence, includes the claimed “configured to deposit at least one gas associated with forming a material on the substrate as part of a first fabrication process of the two or more fabrication processes and at least two gases associated with removing the material as part of a second fabrication process of the two or more fabrication processes”, note this is an intended use of the apparatus, see claim interpretation above).
‘314 does not teach the other limitations of:
Claims 10 and 15: a first gas line coupled with the gas fixture and configured to provide a first gas; and
a second gas line coupled with the gas fixture and configured to provide a second gas,
wherein the gas fixture comprises a first section to flow the first gas and a second section to flow the second gas, and wherein a size of the first section and a size of the second section are configured based at least in part on a flow ratio of the first gas and the second gas.
‘541 is an analogous art in the field of PLASMA PROCESSING APPARATUS AND GAS SUPPLY MEMBER (title). ‘541 teaches that As illustrated in FIGS. 1 and 2, the gas diffusion space 40 is divided into a first gas diffusion chamber 40a at the central side and a second gas diffusion chamber 40b at the outside by an annular partition wall member 42 formed of, for example, an O ring. The gas diffusion chamber may be divided into three or more zones. The processing gas is supplied to the first gas diffusion chamber 40a and the second gas diffusion chamber 40b by the gas supply device 60 ([0042]), A gas supply pipe 64 extending from the processing gas supply unit 66 diverges into two branch pipes 64a and 64b on the way to be connected to gas introducing ports 62a and 62b formed in the shower head body 16a. The processing gas from the gas introducing ports 62a and 62b reaches the first gas diffusion chamber 40a and the second gas diffusion chamber 40b ([0049], 2nd sentence), A radial distribution control (RDC) is a technology of controlling a branch ratio of a common gas by a flow splitter, and controlling gas introduction amounts from a central introduction port and a peripheral introduction portion, that is, a ratio of a flow rate of a processing gas to be supplied to the first gas diffusion chamber 40a, to a flow rate of a processing gas to be supplied to the second gas diffusion chamber 40b (Figs. 4A-4B, [0057], 2nd sentence), the controllability of the pressure distribution of the processing gas is improved ([0086]).
Before the effective filing dates of the claimed invention, it would have been obvious to a person having ordinary skill in the art to have divided the shower head 104 of ‘314 into two regions with two branch gas supply pipes 64a and 64b by a ratio of a flow rate between two regions of ‘541, for the purpose of the controllability of the pressure distribution of the processing gas is improved, as taught by ‘541 ([0086]).
‘314 further teaches the limitations of:
Claims 14 and 19-20: a gas-flowing pedestal (referred to herein as a “shower-pedestal” or “show-ped”) ([0024]), a controllable gap that can suppress or allow the plasma on the desired (one or both) sides of the wafer for deposition. The gaps being controlled can include, e.g., a gap spacing between a top side of the wafer and the top surface of the show head 104, and a gap spacing between a back side of the wafer and the top surface of the show-ped 106 ([0026], 2nd sentence, plus cited processes cited in [0025] and [0075], includes the claimed “further comprising: a first distance between the substrate and the pedestal associated with the first fabrication process of the two or more fabrication processes, wherein the first distance is based at least in part on a first height of the substrate relative to the pedestal; and a second distance between the substrate and the pedestal associated with the second fabrication process of the two or more fabrication processes, wherein the second distance is based at least in part on a second height of the substrate relative to the pedestal greater than the first height” of claim 14, “wherein the support structure is configurable to adjust to a first height relative to the pedestal as part of the first fabrication process of the two or more fabrication processes and a second height for the second fabrication process of the two or more fabrication processes” of claim 19, and “wherein the second height is greater than the first height relative to the pedestal”).
‘415 further teaches the limitations of:
Claims 11-13 and 16-18: the gas diffusion space 40 is divided into a first gas diffusion chamber 40a at the central side and a second gas diffusion chamber 40b at the outside by an annular partition wall member 42 formed of, for example, an O ring. The gas diffusion chamber may be divided into three or more zones. The processing gas is supplied to the first gas diffusion chamber 40a and the second gas diffusion chamber 40b by the gas supply device 60 ([0042]), As illustrated in FIGS. 2 and 3, the electrode plate 18 is divided into a first region 51 formed with the gas supply holes 17, a second region 52 not formed with the gas supply holes 17, and a third region 53 formed with the gas supply holes 17 ([0043], includes the claimed “wherein the plurality of holes comprise: a first subset of holes of the plurality of holes positioned adjacent to at least a portion of a perimeter of the gas fixture; and a second subset of holes the plurality of holes positioned in a center of the gas fixture” of claims 11 and 16, “wherein the first gas line is coupled with the first subset of holes; and the second gas line is coupled with the second subset of holes” of claims 12 and 17, and “wherein the first subset of holes are positioned adjacent to a second portion of a second perimeter of the substrate in a vertical direction based at least in part on the gas fixture being above the substrate” of claims 13 and 18).
Claim 30 is rejected under 35 U.S.C. 103 as being unpatentable over ‘314 and ‘541, as being applied to claim 10 rejection above, further in view of Lee et al. (US 20220059324, from IDS, hereafter ‘324).
The combination of ‘314 and ‘541 does not teach the limitations of:
Claim 30: wherein the first gas line is not connected to the second gas line.
‘324 is an analogous art in the field of SUBSTRATE TREATING APPARATUS (title), including plasma ([0003]). ‘324 teaches that The substrate treating apparatus may supply the first gas G1 to the central area of the substrate “W” with the first gas supply part 810 when the edge area of the substrate “W” is treated, and supply the second gas G2 to the edge area of the substrate “W” with the second gas supply part 830 (Fig. 3 or 4, [0082], 5th sentence, note the two gas lines are completely not connected to each other all the way to gas supply sources 832 and 812).
Before the effective filing dates of the claimed invention, it would have been obvious to a person having ordinary skill in the art to have divided the gas supply lines of ‘541 into two unconnected lines, as taught by ‘324, and then combined with ‘314, for its suitability with predictable results. The selection of something based on its known suitability for its intended use has been held to support a prima facie case of obviousness. MPEP 2144.07.
Response to Arguments
Applicant's arguments filed 05/26/2026 have been fully considered but they are not persuasive.
Applicants argue that the amendment overcomes the 102 rejection of independent claims 10 and 15, see the bottom of page 6 to the top of page 7, and summarily asserted that of claims 12 and 17 are allowable because claims 10 and 15 are allowable, and does not provides any reason why ‘541 does not teach the amended feature, see the middle of page 8.
This argument is found not persuasive.
The examiner maintains that the newly added limitation is taught by the combination of ‘341 in view of ‘541, as set forth above with proper motivation “the controllability of the pressure distribution of the processing gas is improved, as taught by ‘541 ([0086])”.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 20150361553, from IDS, is cited for gas lines not connected (Figs. 5-6). US 20170167024 is cited for supply lines not connected (Fig. 3A) in the same sense as Applicants’ Figs. 3A-3B.
US 20170018706 is cited for showerhead 130 with an inner zone 134 and an outer zone 136 (Fig. 1, [0028]), lift pin ([0029]) for memory device ([0003]).
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KEATH T CHEN whose telephone number is (571)270-1870. The examiner can normally be reached 8:30am-5:00 pm.
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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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/KEATH T CHEN/Primary Examiner, Art Unit 1716
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