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
Claims 11-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on March 19, 2026.
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.
Claim 1 is rejected under 35 U.S.C. 102a1 as being anticipated by Lee (KR 20110080935 as cited on IDS see translation for citations).
Regarding claim 1, Lee teaches a back nozzle, comprising:
a base module (131, fig 4) formed with a central nozzle pipe (132, fig. 3);
and a plurality of side modules (133) installed along a side portion of the base module (131), some of which have peripheral nozzle pipes (133) formed thereon (Fig. 3 and 4).
Claim 6 and 7 are rejected under 35 U.S.C. 102a1 as being anticipated by Kim (KR 20180166135 as cited on IDS see translation for citations).
Regarding claim 6, Kim teaches a substrate treating apparatus, comprising:
a plurality of process chambers respectively performing a process on a substrate (Fig. 2; bottom of page 4);
a support unit (220) disposed within the process chamber (800) and supporting the substrate (W, fig. 4));
and a back nozzle unit (272) disposed to penetrate through the support unit (220), wherein the back nozzle unit includes a supply unit with a built-in chemical liquid supply line or gas supply line (pg. 8);
and a back nozzle (272) connected to the chemical liquid supply line or the gas supply line, installed at an upper end of the supply unit, and spraying a chemical liquid or gas toward a bottom side of the substrate (W, pg. 8),
and the back nozzle includes a base module (246) formed with a central nozzle pipe (272, fig. 6);
and a plurality of side modules (nozzle cap 240, body portion 244) installed along the side portion of the base module (246), some of which have peripheral nozzle pipes (245, 247, fig. 6, 8, 9) formed thereon.
Regarding claim 7, Kim teaches the central nozzle pipe (272) is integrally formed with the base module (246), and the peripheral nozzle pipe (245, 247) is integrally formed with the side module (240, 244, Fig. 6, 8, 9).
Claim Rejections - 35 USC § 103
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.
Claims 2-4 are rejected under 35 U.S.C. 103 as being unpatentable over Lee as applied to claim 1 above.
Regarding claim 2, Lee teaches the central nozzle pipe (132) is formed with the base module (131), and the peripheral nozzle pipe (133) is integrally formed with the side module (Fig. 3 and 4).
It would have been obvious to one having ordinary skill in the art at the time the invention was made to integrally form the central nozzle pipe with the base module since it has been held that forming in one piece an article which has formerly been formed in two pieces and put together involves only routine skill in the art. Howard v. Detroit Stove Works, 150 U.S. 164 (1893).
Regarding claim 3, Lee teaches the base module (131) has a plurality of pipe holes (134, 135) formed around the central nozzle pipe (132), and the peripheral nozzle pipe (133) is inserted into the pipe holes (135) and assembled (Fig. 3 and 4).
Regarding claim 4, the Examiner takes the position that the assembly pillar is a second apparatus used for assembly of the back nozzle. As such the “assembly pillar” is considered a material worked upon by the apparatus and does not impart patentable weight to the claims. MPEP 2115. Therefore Kim teaches claim 8 it also teaches the remainder of the plurality of side modules are formed with assembly pillars, and the assembly pillars are inserted into the pipe holes and assembled.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Lee as applied to claim 2 above, and further in view of Mizumoto (JP 2002-210391 see translation for citations).
Regarding claim 5 Lee does not teach the base module has a plurality of base holes formed along the side portion thereof, the side module is formed with a side hole corresponding to the base hole, and the side module is fixed to the base module by fastening a bolt member to the side hole and the base hole.
Mizumoto is directed to a nozzle with a large spray range used for cleaning [0018]. It teaches the base module (51) has a plurality of base holes (51d, [0046-0047]) formed along the side portion thereof, the side module is formed with a side hole (fig. 14a) corresponding to the base hole (51d), and the side module (53a-53f) is fixed to the base module (51) by fastening a bolt member (screw) to the side hole (Fig. 14a) and the base hole (Fig. 14a) 14a[0046-0047]).
Therefore it would have been obvious to one of ordinary skill in the art at the time of the invention to modify the base module of Lee by providing a plurality of base holes formed along the side portion thereof, the side module is formed with a side hole corresponding to the base hole, and the side module is fixed to the base module by fastening a bolt member to the side hole and the base hole, as taught by Mizumoto, because it would enlarge a spraying range with a simple structure and small size [0001].
Claims 8 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Kim as applied to claim 7 above, and further in view of Lee (KR 20110080935 as cited on IDS see translation for citations).
Regarding claim 8, Kim teaches the base module has a pipe hole formed around the central nozzle pipe,
Kim does not teach the peripheral nozzle pipe is inserted into the pipe hole and assembled.
Lee teaches the base module (131) has a plurality of pipe holes (134, 135) formed around the central nozzle pipe (132), and the peripheral nozzle pipe (133) is inserted into the pipe holes (135) and assembled (Fig. 3 and 4).
Therefore it would have been obvious to one of ordinary skill in the art at the time of the invention to modify the peripheral nozzle pipe of Kim by providing the peripheral nozzle pipe is inserted into the pipe hole and assembled, as taught by Lee, because it would improve backside washing of the substrate (bottom of pg. 2 of translation)
Regarding claim 9, the Examiner takes the position that the assembly pillar is a second apparatus used for assembly of the back nozzle. As such the “assembly pillar” is considered a material worked upon by the apparatus and does not impart patentable weight to the claims. MPEP 2115. Therefore Kim teaches claim 8 it also teaches the remainder of the plurality of side modules is formed with an assembly pillar, and the assembly pillar is inserted into the pipe hole and assembled.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Kim as applied to claim 7 above, and further in view of Mizumoto (JP 2002-210391 see translation for citations)
Regarding claim 10, Kim does not teach the base module has a plurality of base holes formed along the side portion thereof, the side module is formed with a side hole corresponding to the base hole, and the side module is fixed to the base module by fastening a bolt member to the side hole and the base hole.
Mizumoto is directed to a nozzle with a large spray range used for cleaning [0018]. It teaches the base module (51) has a plurality of base holes (51d, [0046-0047]) formed along the side portion thereof, the side module is formed with a side hole (fig. 14a) corresponding to the base hole (51d), and the side module (53a-53f) is fixed to the base module (51) by fastening a bolt member (screw) to the side hole (Fig. 14a) and the base hole (Fig. 14a, [0046-0047]).
Therefore it would have been obvious to one of ordinary skill in the art at the time of the invention to modify the base module of Kim by providing a plurality of base holes formed along the side portion thereof, the side module is formed with a side hole corresponding to the base hole, and the side module is fixed to the base module by fastening a bolt member to the side hole and the base hole, as taught by Mizumoto, because it would enlarge a spraying range with a simple structure and small size [0001].
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOHN J BRAYTON whose telephone number is (571)270-3084. The examiner can normally be reached 9AM-5PM EST M-F.
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JOHN J. BRAYTON
Primary Examiner
Art Unit 1794
/JOHN J BRAYTON/Primary Examiner, Art Unit 1794
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