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 .
Election/Restrictions
Applicant’s election without traverse of claims 19-25 in the reply filed on January 12, 2026 is acknowledged.
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.
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:
Heat transfer formation unit in claims 19-25 where the functional language is to form a heat transfer layer for the temperature adjustment target on the support surface of the substrate support where the generic placeholder is unit
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.
The term “heat transfer formation unit” is interpreted as processing module 60H see [0184] of the originally filed specification where the heat transfer layer is formed via heat transfer gas see [0010], raw gas see [0050], formed via a liquid see [0050], and formed via solid [0079] of the original specification.
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.
The term controller is recited in claims 19-25, upon review of the original specification [0025] it is interpreted as element 80 and may include a computer 90 where the computer 90 may include a processor (CPU).
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 19-25 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 15-28 of copending Application No. 18/421988 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the reference application fully encompasses the scope of the present invention.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Regarding claims 19 and 21: See claim 15 of the reference application where it is recited that a plasma processing apparatus has a processing chamber that is decompressible, a substrate support, and a controller which performs the steps of placing a temperature adjustment target, performing plasma processing, and a step of forming a heat transfer layer (this implies that a heat transfer forming unit or structure is used to form the heat transfer layer) see that the layer uses a liquid medium or solid medium.
Regarding claim 20: See claim 16 of the reference application where it is stated that a gas supply provides a heat transfer medium to the channel.
Regarding claim 22: See claim 15 of the present invention where it recites a temperature adjustment target.
Regarding claim 23: See claims 26-28 of the reference application as the temperature adjustment target includes an edge ring which is separate from the substrate support surface.
Regarding claim 24: See claims 27 and 28 of the reference application where the temperature adjustment target includes the substrate and the edge ring.
Regarding claim 25: See claim 25 of the reference application where an electrostatic chuck clamps the substrate to the support surface.
Claim Rejections - 35 USC § 102
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.
Claims 19-25 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kobayashi et al (US 2011/0315318).
Regarding claim 19. Kobayashi et al teaches a plasma processing apparatus, comprising: a processing chamber being decompressible (via pumps and an exhaust pipe see [0050]; a substrate support (mounting table 12) located in the processing chamber 11 and including a support surface on which a substrate (wafer W) is placeable; a heat transfer layer formation unit (see [0057] which creates a heat transfer sheet 38 within the chamber 11) configured to form a heat transfer layer (heat transfer sheet 38, 45) for the temperature adjustment target on the support surface of the substrate support, the heat transfer layer being deformable (see [0064] made of rubber) and including at least one of a liquid layer or a deformable solid layer; and a controller (see [0061]) configured to perform control to cause operations including placing the temperature adjustment target (focus ring and/or substrate) onto the support surface, and performing plasma processing on the substrate on the support surface on which the heat transfer layer is formed. See Figs. 1 and 2 of Kobayashi et al.
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Regarding claim 20. The plasma processing apparatus according to claim 19, wherein the heat transfer layer formation unit (see [0057] which creates a heat transfer sheet 38 within the chamber 11) supplies a raw gas being a raw material for the heat transfer layer into a processing space in the processing chamber. See [0056] of Kobayashi et al where helium gas is supplied.
Regarding claim 21. The plasma processing apparatus according to claim 19, wherein the heat transfer layer formation unit (see [0057] which creates a heat transfer sheet 38 within the chamber 11) supplies a heat transfer medium including at least one of a liquid medium see [0055] where cooling water or a solid medium (see [0064] of Kobayashi et al) with fluidity to the support surface through the substrate support to form the heat transfer layer (heat transfer sheet 38, 45).
Regarding claim 22. The plasma processing apparatus according to claim 19, wherein the heat transfer layer formation unit (see [0057] which creates a heat transfer sheet 38 within the chamber 11) places, onto the support surface, the temperature adjustment target (focus ring 25) receiving the heat transfer layer (heat transfer sheet 38, 45 of Kobayashi et al) on a lower surface of the temperature adjustment target to form the heat transfer layer on the support surface.
Regarding claim 23. The plasma processing apparatus according to claim 22, wherein the heat transfer layer formation unit (see [0057] which creates a heat transfer sheet 38 within the chamber 11) forms the heat transfer layer on the support surface with the temperature adjustment target being located in the processing chamber and being separate from the support surface. See Fig. 2 where there is a gap between the electrostatic chuck 23 and heat transfer layer 38 and focus ring 25 which makes the target separate from the support surface.
Regarding claim 24. The plasma processing apparatus according to claim 22, wherein the temperature adjustment target is at least one of the substrate or an edge ring (focus ring 25 of Kobayashi et al) surrounding the substrate (wafer W) on the support surface. See heat transfer gas supply holes 28 where the target is the substrate see [0056].
Regarding claim 25. The plasma processing apparatus according to claim 22, wherein the substrate support includes an electrostatic chuck, and the controller (see the discussion of CPU or controller see [0061]) performs control to electrostatically clamp the temperature adjustment target (focus ring 25) onto the support surface with an electrostatic force from the electrostatic chuck 23 see [0053] of Kobayashi et al.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Nagaiwa et al (US 2002/0029745) teaches a plasma processing apparatus with a worktable and a heat transfer medium made of silicone rubber see the subsurface and a focus ring, see abstract.
Kimura et al (US 2015/0053347) teaches a wafer support assembly with a controller 108.
Nagayama et al (US 2015/0114567) teaches a focus ring 14 with a thermally conductive sheet 25 made of silicon rubber see [0049] and plasma processing apparatus.
JP4421874B2 teaches an electrostatic chuck where the susceptor has a focus ring 206 with a refrigerant passage 208 see Fig. 13.
Wu et al (US 10, 593, 520) teaches a reaction chamber 10, substrate support (base 30) including a support surface on which a substrate is placeable, and a focus ring 50. Note that a cooling medium pipeline is provided with the base 30, a first heat conducting pad 91 is provided at a portion where the focus ring 50 and the insulating ring 60 and a second heat conducting pad 92 made of elastic (deformable) silica gel material see co. 4 lines 43-53. See Figs. 2 and 3 of Wu et al
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SYLVIA MACARTHUR whose telephone number is (571)272-1438. The examiner can normally be reached M-F 8:30-5 pm.
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/SYLVIA MACARTHUR/Primary Examiner, Art Unit 1716