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 .
Election/Restrictions
Applicant’s election without traverse of Species 1, 4 and 5 (claims 1-19) in the reply filed on 29 May 2026 is acknowledged.
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 Rejections - 35 USC § 102
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 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.
Claim(s) 1-4 and 15-19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent No. 5,134,965 to Tokuda et al.
Regarding claim 1: Tokuda et al. disclose a plasma processing apparatus, comprising: a chamber (e.g. Fig. 8-9, walls enclosing 6); a substrate support (e.g. 7) provided within the chamber; a discharger (5) provided to discharge an electromagnetic wave into a plasma generation space (e.g. where gas enters 6 from 10’); and a waveguide part (multiple features) configured to supply the electromagnetic wave to the discharger, wherein the waveguide part includes a resonator (multiple features including plates 4a of 1) that provide a waveguide path, and wherein the resonator includes at least one slit (4a’) having a longitudinal direction in a propagation direction in which the electromagnetic wave resonating within the resonator propagates in the waveguide path.
With respect to claim 2, in Tokuda et al., the discharger is provided at a transverse end of the plasma generation space and extends in a circumferential direction around a center axis line of the plasma generation space, and wherein the resonator is configured to propagate the electromagnetic wave in the waveguide path in a radially outward direction with respect to the center axis line, in a direction opposite to radially outward direction, and in a direction in which the center axis line extends, and the longitudinal direction of the at least one slit of the resonator is the radial direction or the direction in which the center axis line extends (see, e.g., Figs. 8 and 9).
Regarding claim 3, Tokuda et al. disclose a plasma processing apparatus, comprising: a chamber (e.g. Fig. 8-9, walls enclosing 6); a substrate support (e.g. 7) provided within the chamber; a discharger (5) provided to discharge an electromagnetic wave into a plasma generation space (e.g. where gas enters 6 from 10’); and a waveguide part (multiple features) configured to supply the electromagnetic wave to the discharger, wherein the waveguide part includes a resonator (multiple features including plates of 1 including slits 4a) that provide a waveguide path, and wherein the resonator includes at least one slit having a longitudinal direction in a propagation direction in which the electromagnetic wave resonating within the resonator propagates in the waveguide path.
With respect to claim 4, in Tokuda et al., the resonator includes a first stage (upper volume of resonator) and a second stage (lower volume part of resonator) at which the electromagnetic wave is reflected and between which the electromagnetic wave resonates, wherein the first stage and the second stage extend in a circumferential direction around the center axis line, wherein an end of the waveguide path of the resonator including the second stage is disposed below the first stage and is electromagnetically coupled to the discharger, and wherein the waveguide path of the resonator has a layered structure including a lower part (e.g. corresponding to path at second stage) extending in the radially outward direction with respect to the center line axis toward the second stage around the center axis line, and an upper part (e.g. corresponding to path at second stage) extending in the direction opposite to the radially outward direction from the first stage above the lower part and around the center axis line, and extends alternately in the radially outward direction and the direction opposite to the radially outward direction meanderingly from the first stage to the second stage around the center axis line. Again, see, e.g., Figs. 8 and 9.
With respect to claim 15, in Tokuda et al., further discloses a connector (2) for introducing the electromagnetic wave into the waveguide path of the resonator, wherein the connector is coupled to the upper part at a position separated in a radial direction from the center line axis. Again, see, e.g., Figs. 8 and 9
With respect to claim 16, in Tokuda et al., the chamber provides a processing space (volume inside 6) therein, and wherein the processing space includes the plasma generation space.
With respect to claim 17, in Tokuda et al., a shower plate (e.g. 11) disposed above the processing space, wherein the discharger extends so as to surround the shower plate (see, e.g., Figs. 8 and 9).
With respect to claim 18, in Tokuda et al., the apparatus may further comprise a radio frequency power supply (see, e.g., column 8, rows 60-68) electrically coupled to the waveguide path of the resonator and configured to generate radio frequency power, frequency of which is variable, and supply the electromagnetic wave into the waveguide path. Varying of frequency is considered a feature drawn to intended use, wherein the courts have ruled that 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 teaches all the structural limitations of the claim. Ex parte Masham, 2 USPQ2d 1647 (Bd. Pat. App. & Inter. 1987)
With respect to claim 19, in Tokuda et al., the resonator includes a first stage (upper volume of resonator) and a second stage (lower volume part of resonator) at which the electromagnetic wave is reflected and between which the electromagnetic wave resonates, wherein the first stage and the second stage extend in a circumferential direction around the center axis line, wherein an end of the waveguide path of the resonator including the second stage is disposed below the first stage and is electromagnetically coupled to the discharger, and wherein the waveguide path of the resonator has a layered structure including a lower part (e.g. corresponding to path at second stage) extending in the radially outward direction with respect to the center line axis toward the second stage around the center axis line, and an upper part (e.g. corresponding to path at second stage) extending in the direction opposite to the radially outward direction from the first stage above the lower part and around the center axis line, and extends alternately in the radially outward direction and the direction opposite to the radially outward direction meanderingly from the first stage to the second stage around the center axis line. Again, see, e.g., Figs. 8 and 9.
Allowable Subject Matter
Claims 5-14 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: the relied upon prior art fails to teach or fairly suggest wherein the waveguide path of the resonator further includes a plurality of annular conductor plates disposed such that centers thereof are located on the center axis line, an outer circumferential conductor part constituting an outer circumferential part of the resonator in the radial direction, and an inner circumferential conductor part constituting an inner circumference of the resonator in the radial direction, and wherein the plurality of annular conductor plates includes a first annular conductor plate having an outer edge fixed to the outer circumferential conductor part and having an inner edge separated from the inner circumferential conductor part, and a second annular conductor plate having an outer edge separated from the outer circumferential conductor part and having an inner edge fixed to the inner circumferential conductor part. 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to Applicant's disclosure. JP H05343334; JP 2020092031; 6185383; 7097782; 10553401 disclose plasma processing apparatus with features relevant to the claimed apparatus.
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/KARLA A MOORE/Primary Examiner, Art Unit 1716
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