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 of claims 1-4 and 11-16 in the reply filed on April 27, 2026 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, see the Examiner’s analysis below under “not shown by Applicants” for features that must be shown or the features canceled from the claims. No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-4 and 11-16 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Claims 1 and 13 require, in part, “…wherein a gas non-discharge hole region (see attached annotated prior art-Applicant’s 240; Figure 5) and an asymmetric gas discharge hole region (see attached annotated prior art-Applicant’s 260; Figure 5) comprising a plurality of second gas discharge holes (124 in asymmetric gas discharge hole region-annotated prior art) are disposed in opposite ones of the upstream pipe (301; Figure 8; [0085]-Applicant’s 22; Figure 5) and the downstream pipe (302; Figure 8; [0085]-Applicant’s 24; Figure 5)…”. It is uncertain what is “disposed in opposite ones”. The Examiner is interpreting the claimed clause to more accurately read “wherein a gas non-discharge hole region (see attached annotated prior art-Applicant’s 240; Figure 5) and an asymmetric gas discharge hole region (see attached annotated prior art-Applicant’s 260; Figure 5) , the asymmetric gas discharge hole region (see attached annotated prior art-Applicant’s 260; Figure 5) comprising a plurality of second gas discharge holes (124 in asymmetric gas discharge hole region-annotated prior art)” as supported by Applicant’s as-filed Figures and specification.
Claim 12 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Claim 12 requires in part “disposed in one row a longitudinal direction” and is interpreted as “disposed in one row along a longitudinal direction”.
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 1, 4, 11, 13, and 16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hasebe; Kazuhide et al. (US 20150107517 A1). Hasebe teaches a source gas nozzle (301+302; Figure 8; [0085]) comprising: an upstream pipe (301; Figure 8; [0085]-Applicant’s 22; Figure 5); a downstream pipe (302; Figure 8; [0085]-Applicant’s 24; Figure 5); and a U-turn pipe (123d; Figure 8; [0085]-Applicant’s 26; Figure 5) connecting the upstream pipe (301; Figure 8; [0085]-Applicant’s 22; Figure 5) and the downstream pipe (302; Figure 8; [0085]-Applicant’s 24; Figure 5), wherein a plurality of first gas discharge holes (124; Figure 8; [0085]-not shown by Applicants) are disposed in a longitudinal direction along at least one of the upstream pipe (301; Figure 8; [0085]-Applicant’s 22; Figure 5) or the downstream pipe (302; Figure 8; [0085]-Applicant’s 24; Figure 5), wherein a gas non-discharge hole region (see attached annotated prior art-Applicant’s 240; Figure 5) and an asymmetric gas discharge hole region (see attached annotated prior art-Applicant’s 260; Figure 5) comprising a plurality of second gas discharge holes (124 in asymmetric gas discharge hole region-annotated prior art) are disposed in opposite ones of the upstream pipe (301; Figure 8; [0085]-Applicant’s 22; Figure 5) and the downstream pipe (302; Figure 8; [0085]-Applicant’s 24; Figure 5), and wherein the gas non-discharge hole region (see attached annotated prior art-Applicant’s 240; Figure 5) and the asymmetric gas discharge hole region (see attached annotated prior art-Applicant’s 260; Figure 5) are adjacent, as claimed by claim 1
Hasebe further teaches:
The source gas nozzle (301+302; Figure 8; [0085]) of claim 1, wherein the U-turn pipe (123d; Figure 8; [0085]-Applicant’s 26; Figure 5) includes an extended portion above the gas non-discharge hole region (see attached annotated prior art-Applicant’s 240; Figure 5) and the asymmetric gas discharge hole region (see attached annotated prior art-Applicant’s 260; Figure 5), wherein the plurality of first gas discharge holes (124; Figure 8; [0085]-not shown by Applicants) are disposed outside of the gas non-discharge hole region (see attached annotated prior art-Applicant’s 240; Figure 5), as claimed by claim 4
A semiconductor wafer processing apparatus (Figure 1,2), comprising: a reaction tube (101; Figure 1,2; [0026]) in which a plurality of wafers are loaded; a gas supply pipe (123a; Figure 1,2) supplying a source gas to the reaction tube (101; Figure 1,2; [0026]); and a source gas nozzle (301+302; Figure 8; [0085]) disposed in the reaction tube (101; Figure 1,2; [0026]) and receiving the source gas from the gas supply pipe (123a; Figure 1,2) and spraying the source gas into the reaction tube (101; Figure 1,2; [0026]);wherein the source gas nozzle (301+302; Figure 8; [0085]) comprises: an upstream pipe (301; Figure 8; [0085]-Applicant’s 22; Figure 5); a downstream pipe (302; Figure 8; [0085]-Applicant’s 24; Figure 5); and a U-turn pipe (123d; Figure 8; [0085]-Applicant’s 26; Figure 5) connecting the upstream pipe (301; Figure 8; [0085]-Applicant’s 22; Figure 5) and the downstream pipe (302; Figure 8; [0085]-Applicant’s 24; Figure 5), wherein a plurality of gas discharge holes (124; Figure 8) are disposed in the source gas nozzle (301+302; Figure 8; [0085]) along the upstream pipe (301; Figure 8; [0085]-Applicant’s 22; Figure 5) and the downstream pipe (302; Figure 8; [0085]-Applicant’s 24; Figure 5) in an asymmetric arrangement wherein a same number of gas discharge holes (124; Figure 8) of the plurality of gas discharge holes (124; Figure 8) correspond to each wafer of the plurality of wafers, and wherein at least one of the upstream pipe (301; Figure 8; [0085]-Applicant’s 22; Figure 5) or the downstream pipe (302; Figure 8; [0085]-Applicant’s 24; Figure 5) comprises a gas non-discharge hole region (see attached annotated prior art-Applicant’s 240; Figure 5) and the plurality of gas discharge holes (124; Figure 8) are disposed outside of the gas non-discharge hole region (see attached annotated prior art-Applicant’s 240; Figure 5), as claimed by claim 11. The above and/or below italicized claim text are considered intended use claim requirements in the pending apparatus claims. In this case, the number and/or distribution of wafers does not further limit the claimed invention from the structure of the prior art. Further, 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); MPEP2115).
A semiconductor wafer processing apparatus (Figure 1,2) comprising: a reaction tube (101; Figure 1,2; [0026]); a gas supply pipe (123a; Figure 1,2) supplying a source gas to the reaction tube (101; Figure 1,2; [0026]); and a source gas nozzle (301+302; Figure 8; [0085]) disposed in the reaction tube (101; Figure 1,2; [0026]) and receiving gas from the gas supply pipe (123a; Figure 1,2) and spraying the source gas into the reaction tube (101; Figure 1,2; [0026]), wherein the source gas nozzle (301+302; Figure 8; [0085]) comprises: an upstream pipe (301; Figure 8; [0085]-Applicant’s 22; Figure 5); a downstream pipe (302; Figure 8; [0085]-Applicant’s 24; Figure 5); and a U-turn pipe (123d; Figure 8; [0085]-Applicant’s 26; Figure 5) connecting the upstream pipe (301; Figure 8; [0085]-Applicant’s 22; Figure 5) and the downstream pipe (302; Figure 8; [0085]-Applicant’s 24; Figure 5), wherein a plurality of first gas discharge holes (124; Figure 8; [0085]-not shown by Applicants) are formed in a longitudinal direction in at least one of the upstream pipe (301; Figure 8; [0085]-Applicant’s 22; Figure 5) or the downstream pipe (302; Figure 8; [0085]-Applicant’s 24; Figure 5), wherein a gas non-discharge hole region (see attached annotated prior art-Applicant’s 240; Figure 5) in which the plurality of first gas discharge holes (124; Figure 8; [0085]-not shown by Applicants) are not formed and an asymmetric gas discharge hole region (see attached annotated prior art-Applicant’s 260; Figure 5) comprising a plurality of second gas discharge holes (124 in asymmetric gas discharge hole region-annotated prior art) are disposed in opposite ones of the upstream pipe (301; Figure 8; [0085]-Applicant’s 22; Figure 5) and the downstream pipe (302; Figure 8; [0085]-Applicant’s 24; Figure 5), and wherein the gas non-discharge hole region (see attached annotated prior art-Applicant’s 240; Figure 5) and the asymmetric gas discharge hole region (see attached annotated prior art-Applicant’s 260; Figure 5) are adjacent, as claimed by claim 13
The semiconductor wafer processing apparatus (Figure 1,2) of claim 13, wherein the U-turn pipe (123d; Figure 8; [0085]-Applicant’s 26; Figure 5) includes an extended portion above the gas non-discharge hole region (see attached annotated prior art-Applicant’s 240; Figure 5) and the asymmetric gas discharge hole region (see attached annotated prior art-Applicant’s 260; Figure 5), as claimed by claim 16
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.
Claims 2, 3, 12, 14, 15 are rejected under 35 U.S.C. 103 as being unpatentable over Hasebe; Kazuhide et al. (US 20150107517 A1) in view of Fujino; Toshiki et al. (US 20170232457 A1). Hasebe is discussed above. Hasebe further teaches:
The source gas nozzle (301+302; Figure 8; [0085]) of claim 1, wherein the plurality of first gas discharge holes (124; Figure 8; [0085]-not shown by Applicants) are disposed in one row in the longitudinal direction, and the plurality of second gas discharge holes (124 in asymmetric gas discharge hole region-annotated prior art) are located in a first portion below the U-turn pipe (123d; Figure 8; [0085]-Applicant’s 26; Figure 5) – claim 2
The semiconductor wafer processing apparatus (Figure 1,2) of claim 11, wherein the plurality of gas discharge holes (124; Figure 8) comprise: a plurality of first gas discharge holes (124; Figure 8; [0085]-not shown by Applicants) disposed in one row along a longitudinal direction; and a plurality of second gas discharge holes (124 in asymmetric gas discharge hole region-annotated prior art) disposed in an asymmetric gas discharge hole region (see attached annotated prior art-Applicant’s 260; Figure 5), wherein the asymmetric gas discharge hole region (see attached annotated prior art-Applicant’s 260; Figure 5) is disposed adjacent to the gas non-discharge hole region (see attached annotated prior art-Applicant’s 240; Figure 5) and on different ones of the upstream pipe (301; Figure 8; [0085]-Applicant’s 22; Figure 5) and the downstream pipe (302; Figure 8; [0085]-Applicant’s 24; Figure 5) – claim 12
14. The semiconductor wafer processing apparatus (Figure 1,2) of claim 13, wherein the plurality of first gas discharge holes (124; Figure 8; [0085]-not shown by Applicants) are disposed in one row in the longitudinal direction, and the plurality of second gas discharge holes (124 in asymmetric gas discharge hole region-annotated prior art) are located in a first portion below the U-turn pipe (123d; Figure 8; [0085]-Applicant’s 26; Figure 5) – claim 14
Hasebe does not teach:
the plurality of second gas discharge holes (124 in asymmetric gas discharge hole region-annotated prior art) are disposed in a plurality of rows in the longitudinal direction – claim 2
The source gas nozzle (301+302; Figure 8; [0085]) of claim 2, wherein the plurality of second gas discharge holes (124 in asymmetric gas discharge hole region-annotated prior art) comprise a plurality of first holes larger than the plurality of first gas discharge holes (124; Figure 8; [0085]-not shown by Applicants) and a plurality of second holes smaller than the plurality of first gas discharge holes (124; Figure 8; [0085]-not shown by Applicants), wherein the plurality of first holes and the plurality of second holes are alternately disposed in a matrix, as claimed by claim 3
wherein the plurality of second gas discharge holes (124 in asymmetric gas discharge hole region-annotated prior art) are disposed in a plurality of rows – claim 12
the plurality of second gas discharge holes (124 in asymmetric gas discharge hole region-annotated prior art) and are disposed in two rows in the longitudinal direction – claim 14
The semiconductor wafer processing apparatus (Figure 1,2) of claim 14, wherein the plurality of second gas discharge holes (124 in asymmetric gas discharge hole region-annotated prior art) comprise a plurality of first holes larger than the plurality of first gas discharge holes (124; Figure 8; [0085]-not shown by Applicants) and a plurality of second holes smaller than the plurality of first gas discharge holes (124; Figure 8; [0085]-not shown by Applicants), wherein the plurality of first holes and the plurality of second holes are alternately disposed in a matrix, as claimed by claim 15
Fujino also teaches a vertical wafer treatment apparatus (Figure 1) including a gas nozzle (410/420; Figure 1,2,17B) with gas discharge holes (“supply holes”; [0097]-[0099]) of variable sizes (Figure 15A,16A,17A) and in plural rows in a longitudinal direction (Figure 15B,16B,17B).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention for Hasebe to optimize Hasebe’s gas discharge hole size and distribution as taught by Fujino.
Motivation for Hasebe to optimize Hasebe’s gas discharge hole size and distribution as taught by Fujino is for optimizing flow rates, as a result-effective variable, as a function of nozzle height as taught by Fujino ([0027],[0097]-[0100]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Vertically stacked wafer processing apparatus with nozzle injection include at least
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Any inquiry concerning this communication or earlier communications from the examiner should be directed to Examiner Rudy Zervigon whose telephone number is (571) 272- 1442. The examiner can normally be reached on a Monday through Thursday schedule from 8am through 6pm EST. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Any Inquiry of a general nature or relating to the status of this application or proceeding should be directed to the Chemical and Materials Engineering art unit receptionist at (571) 272-1700. If the examiner cannot be reached please contact the examiner's supervisor, Parviz Hassanzadeh, at (571) 272- 1435.
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/Rudy Zervigon/ Primary Examiner, Art Unit 1716
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