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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 01/06/2026 has been entered.
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 1-19 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-18 of U.S. Patent No. 11804365, which is the continuation parent of the instant application.
Patent 11804365 claims a substrate processing apparatus with a process chamber, a buffer chamber/plasma region in which plasma is formed, with two application electrodes of different lengths and different vertical heights, a reference electrode in common. The claims of 11804365 are substantially the same with the buffer chamber being the same as the plasma region, and as such a terminal disclaimer is required.
Claims 1-19 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1-3, 5, 6, 8, 9, 11, 12 and 20, 23-26 of copending Application No. 17/560684.
This is a provisional nonstatutory double patenting rejection.
Application 17/560684 claims a substrate processing apparatus, comprising: a substrate support configured to support a plurality of substrates to be arranged vertically; a process container including a process chamber configured to load the substrate support therein and process the plurality of substrates supported by the substrate support; a gas supplier configured to supply a gas into the process chamber; a first plasma electrode unit/plasma region configured to plasma-excite the gas and including: a first reference electrode applied with a reference potential, the first reference electrode extending in a vertical direction in which the substrate support supports the plurality of substrates to be arranged vertically and being installed on a lateral side of at least a portion of the substrate support loaded in the process chamber; and at least one selected from the group of a first application electrode and a second application electrode applied with high-frequency power, the first application electrode extending in the vertical direction and being installed on a lateral side of at least a portion of the substrate support loaded in the process chamber, and the second application electrode extending in the vertical direction and being installed on a lateral side of at least a portion of the substrate support loaded in the process chamber; and a second plasma electrode unit configured to plasma-excite the gas and including :a second reference electrode applied with a reference potential, the second reference electrode extending in the vertical direction and being installed on a lateral side of at least a portion of the substrate support loaded in the process chamber; and a third application electrode applied with high-frequency power, the third application electrode extending in the vertical direction and being installed on a lateral side of at least a portion of the substrate support loaded in the process chamber, and the third application electrode being set to have having a length shorter than different from a length of the first application electrode or the second application electrode, i.e., the electrodes are at different heights. Additional claims also overlap in claimed subject matter. As such, a terminal disclaimer is required.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TIFFANY Z NUCKOLS whose telephone number is (571)270-7377. The examiner can normally be reached M-F 10AM-7PM.
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/TIFFANY Z NUCKOLS/Examiner, Art Unit 1716
/Jeffrie R Lund/Primary Examiner, Art Unit 1716