DETAILED CORRESPONDENCE
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 .
Drawings
The drawings are objected to because Fig. 5, a cross-sectional view showing shapes of the center ports and corresponding through holes of FIG. 4, but it shows holes size 253<251<255 being in reverse the size relationship of Fig. 4 253>251>255.
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 Interpretations
The “An epitaxial growth apparatus” of claims 1 and 12 and “A multi-layer gas supply module used for an epitaxial growth apparatus”, an apparatus that is capable of growing epitaxial layer is considered read into the claim.
The “ports of a first layer discharging a raw gas forming the epitaxial layer, and
ports of a second layer positioned above the ports of the first layer and discharging a blocking gas blocking the raw gas from diffusing upward” of claims 3 and 10 and “wherein the ports of the plurality of layers further include ports of the third layer disposed below the ports of the first layer and discharging a purifying gas purifying a by-product occurring during a growth of the epitaxial layer”, the gases used during operation is an intended use of the apparatus.
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); MPEP2111.02). When the structure recited in the reference is substantially identical to that of the claims, claimed properties or functions are presumed to be inherent (In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977); MPEP 2112.01).
The “the through holes corresponding to the ports of at least one layer among the ports of the plurality of layers having shapes different from each other” of claims 1 and 8, the difference of shape including from any view angles.
The “a flow distribution unit” of claims 1 and 8 is further structurally modified by “a single inflow line … a plurality of branch lines”.
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:
The “a flow distribution unit” in claim 12, this is considered and inflow line and a branch line 235 ([0047]).
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.
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.
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 1-13 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.
Claim 1 recites “an injector including ports of a plurality of layers, each of which discharges a different gas for each layer …
a flow distribution unit configured to independently distribute the gas to the ports by including a single inflow line receiving the gas from a source module, a plurality of branch lines branched off from the single inflow line and directly connected to the respective ports, and a mass flow controller connected to each of the ports”, it is not whether the claimed require a single flow distribution unit or a plurality of flow distribution unit for each layer. It is also not clear how a single flow distribution unit can discharge different gas for each layer.
Claim 1 will be examined inclusive both interpretations.
Claims 8 and 12 have similar issues.
Dependent claims 2-7, 9-11, and 13 are also rejected under USC 112(b) at least due to dependency to rejected claims 1, 8, and 12 respectively.
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 1-4, 8-10, and 12-13 are rejected under 35 U.S.C. 103 as being unpatentable over Cho et al. (US 20170011904, hereafter ‘904), in view of Tanaka et al. (JP 2014229693, hereafter ‘693).
‘904 teaches some limitations of:
Claim 1: FIG. 1 is a schematic layout of a film forming apparatus according to an exemplary embodiment of the inventive concept. The film forming apparatus according to the present embodiment of the inventive concept may be an apparatus used for an epitaxial growth process ([0044], includes the claimed “An epitaxial growth apparatus comprising”, note used for epitaxial growth is an intended use of the apparatus):
a chamber 21, an entrance 23, a susceptor 25, an injector 150, and an outlet 29. A substrate 37 may be loaded on the susceptor 25 through the entrance 23 ([0045], includes the claimed “a reaction chamber; a susceptor positioned in the reaction chamber and configured to seat a wafer thereon”);
Referring to FIGS. 11 and 12, an injector 150 may include a body 152, a first distributor 154, and a first guide 156. The body 152 may include a first gas inlet 161, a second gas inlet 162, and a third gas inlet 163. The first distributor 154 may include a first layer distributor 171, a second layer distributor 172, and a third layer distributor 173. The first guide 156 may include a first layer outlet 181, a second layer outlet 182, and a third layer outlet 183 ([0086]-[0087], the first distributor 154 is the claimed “and a multi-layer gas supply module configured to supply a gas to the reaction chamber to form an epitaxial layer on the wafer, wherein the multi-layer gas supply module includes an injector including ports of a plurality of layers”), Referring to FIG. 5, a body 152 may include a first gas inlet 161, a second gas inlet 162, a third gas inlet 163, and a curtain gas inlet 168. The body 152 may be connected to first to third gas supply devices 41, 42, and 43 ([0060], description clearly applicable to Figs. 11 and 12, includes the claimed “each of which discharges a different gas for each layer, among the ports of the plurality of layers” and “a flow distribution unit configured to independently distribute the gas to the ports by including a single inflow line receiving the gas from a source module” and ‘904 has one for each layer, the first guide 156 reads into the claimed “a baffle including through holes which are positioned in front of the injector, and through which the gas discharged from the ports passes”), Referring to FIG. 14, a first guide 156 may include a first portion 156A, a second portion 156B, and a third portion 156C. A second guide 158 may include a curtain gas outlet 188. The first portion 156A may include a first layer outlet 181. The second portion 156B may include a second layer outlet 182. The third portion 156C may include a third layer outlet 183. The second layer outlet 182 may have a smaller horizontal width than the first layer outlet 181. The third layer outlet 183 may have a smaller horizontal width than the first layer outlet 181 ([0090], includes the claimed “among the through holes, the through holes corresponding to the ports of at least one layer among the ports of the plurality of layers having shapes different from each other”, note Fig. 16-18 also shows the cross-sectional shape from side view are different in shape).
Claim 8: FIG. 1 is a schematic layout of a film forming apparatus according to an exemplary embodiment of the inventive concept. The film forming apparatus according to the present embodiment of the inventive concept may be an apparatus used for an epitaxial growth process ([0044]), Referring to FIGS. 11 and 12, an injector 150 may include a body 152, a first distributor 154, and a first guide 156. The body 152 may include a first gas inlet 161, a second gas inlet 162, and a third gas inlet 163. The first distributor 154 may include a first layer distributor 171, a second layer distributor 172, and a third layer distributor 173. The first guide 156 may include a first layer outlet 181, a second layer outlet 182, and a third layer outlet 183 ([0086]-[0087], includes the claimed “A multi-layer gas supply module used for an epitaxial growth apparatus, in which the module supplies a gas input to a reaction chamber of the epitaxial growth apparatus, the module comprising: an injector including ports of a plurality of layers,”),
Referring to FIGS. 11 and 12, an injector 150 may include a body 152, a first distributor 154, and a first guide 156. The body 152 may include a first gas inlet 161, a second gas inlet 162, and a third gas inlet 163. The first distributor 154 may include a first layer distributor 171, a second layer distributor 172, and a third layer distributor 173. The first guide 156 may include a first layer outlet 181, a second layer outlet 182, and a third layer outlet 183 ([0086]-[0087], the first distributor 154 is the claimed “and a multi-layer gas supply module configured to supply a gas to the reaction chamber to form an epitaxial layer on the wafer, wherein the multi-layer gas supply module includes an injector including ports of a plurality of layers”), Referring to FIG. 5, a body 152 may include a first gas inlet 161, a second gas inlet 162, a third gas inlet 163, and a curtain gas inlet 168. The body 152 may be connected to first to third gas supply devices 41, 42, and 43 ([0060], description clearly applicable to Figs. 11 and 12, includes the claimed “each of which discharges a different gas for each layer, among the ports of the plurality of layers” and “a flow distribution unit configured to independently distribute the gas to the ports by including a single inflow line receiving the gas from a source module configured to provide the gas” and ‘904 has one for each layer, the first guide 156 reads into the claimed “a baffle including through holes which are positioned in front of the injector, and through which the gas discharged from the ports passes”), Referring to FIG. 14, a first guide 156 may include a first portion 156A, a second portion 156B, and a third portion 156C. A second guide 158 may include a curtain gas outlet 188. The first portion 156A may include a first layer outlet 181. The second portion 156B may include a second layer outlet 182. The third portion 156C may include a third layer outlet 183. The second layer outlet 182 may have a smaller horizontal width than the first layer outlet 181. The third layer outlet 183 may have a smaller horizontal width than the first layer outlet 181 ([0090], includes the claimed “among the through holes, the through holes corresponding to the ports of at least one layer among the ports of the plurality of layers having shapes different from each other”, note Fig. 16-18 also shows the cross-sectional shape from side view are different in shape).
Claim 12: FIG. 1 is a schematic layout of a film forming apparatus according to an exemplary embodiment of the inventive concept. The film forming apparatus according to the present embodiment of the inventive concept may be an apparatus used for an epitaxial growth process ([0044], includes the claimed “An epitaxial growth apparatus comprising”, note used for epitaxial growth is an intended use of the apparatus):
a chamber 21, an entrance 23, a susceptor 25, an injector 150, and an outlet 29. A substrate 37 may be loaded on the susceptor 25 through the entrance 23 ([0045], includes the claimed “a reaction chamber; a susceptor positioned in the reaction chamber and configured to seat a wafer thereon”);
Referring to FIGS. 11 and 12, an injector 150 may include a body 152, a first distributor 154, and a first guide 156. The body 152 may include a first gas inlet 161, a second gas inlet 162, and a third gas inlet 163. The first distributor 154 may include a first layer distributor 171, a second layer distributor 172, and a third layer distributor 173. The first guide 156 may include a first layer outlet 181, a second layer outlet 182, and a third layer outlet 183 ([0086]-[0087], the first distributor 154 is the claimed “and a multi-layer gas supply module configured to supply a gas to the reaction chamber to form an epitaxial layer on the wafer, wherein the multi-layer gas supply module includes an injector including ports of a plurality of layers”), Referring to FIG. 5, a body 152 may include a first gas inlet 161, a second gas inlet 162, a third gas inlet 163, and a curtain gas inlet 168. The body 152 may be connected to first to third gas supply devices 41, 42, and 43 ([0060], description clearly applicable to Figs. 11 and 12, includes the claimed “each of which discharges a different gas for each layer, among the ports of the plurality of layers” and “a flow distribution unit configured to distribute gas flows input” and ‘904 has one for each layer”).
‘904 does not teach the other limitations of:
Claim 1: the ports of each layer including a center port corresponding to a central region of the wafer, a pair of edge ports corresponding to both edge regions of the wafer, and a pair of middle ports respectively disposed between the center port and the pair of edge ports,
(a flow distribution unit configured to independently distribute the gas to the ports by including a single inflow line receiving the gas from a source module), a plurality of branch lines branched off from the single inflow line and directly connected to the respective ports, and a mass flow controller connected to each of the ports.
Claim 8: the ports of each layer including a center port corresponding to a central region of the wafer, a pair of edge ports corresponding to both edge regions of the wafer, and a pair of middle ports respectively disposed between the center port and the pair of edge ports;
(a flow distribution unit configured to independently distribute the gas to the ports by including a single inflow line receiving the gas from a source module configured to provide the gas), a plurality of branch lines branched off from the single inflow line and directly connected to the respective ports, and a mass flow controller connected to each of the ports.
Claim 12: , the ports of each layer including a center port corresponding to a central region of the wafer, and a pair of edge ports corresponding to both edge regions of the wafer,
(a flow distribution unit configured to distribute gas flows input) to the center port and the edge port among the ports of each layer independently from each other.
Claim 13: wherein among the ports of the plurality of layers, the ports of each layer further include a pair of middle ports respectively disposed between the center port and the pair of edge ports, and
the flow distribution unit is configured to distribute the gas flow input to the middle port independently from the gas flow input to the center port or the edge port.
‘693 is an analogous art in the field of GAS SUPPLY HEAD, GAS SUPPLY MECHANISM AND SUBSTRATE PROCESSING APPARATUS (title), The head main body 40 can be easily processed into a substantially H-shaped cross section by cutting and grinding a long rectangular prism made of aluminum or the like. Further, the first gas diffusion chamber 42a and the second gas diffusion chamber 42b can be easily formed with good dimensional accuracy by machining with an end mill or the like, and the first head gas supply hole 44a, the second head The inner gas supply hole 44b, the first gas discharge hole 45a, and the second gas discharge hole 45b can also be formed with high dimensional accuracy by drilling or the like because the hole length is short ([0058], i.e. two layers of gas supply). ‘693 teaches that the length of the short side × long side of the substrate G is about 1500 mm × about 1850 mm, and the number of branches of the gas supply pipe in the gas supply system 9 is determined according to the substrate size. On the other hand, in recent years, the substrate size has been greatly increased to a size of about 2200 mm × about 2500 mm, and further to a size of about 2800 mm × about 3100 mm. The present invention can easily cope with such an increase in substrate size. That is, it is possible to easily cope with the change in the substrate size by adjusting the number of branches of the gas supply pipe and the number of in-stage gas supply holes 8 in the gas supply system (Fig. 2, [0069]), for the purpose introducing gas uniformly ([0003]).
Before the effective filing dates of the claimed invention, it would have been obvious to a person of ordinary skill to have adopted branched gas supply system 9 of ‘693 as the gas supply devices 41, 42, 43 of ‘904, for the purpose introducing gas uniformly ([0003]). As the number of branches depending on substrate size, it would have been obvious to adjust to 5 branches (or a collection of center branches as center region).
The combination of ‘904 and ‘693 further teaches the limitations of:
Claims 2 and 9: Fig. 12 of ‘904 shows holes of distributors 171, 172, 173 are the same ( includes the claimed “wherein the center port, the middle port, and the edge port have the same width as one another”, after dividing these holes into five regions corresponding to five branches).
Claim 3-4 and 10: the apparatus is capable of being used with various gas (including the claimed “wherein the ports of the plurality of layers include ports of a first layer discharging a raw gas forming the epitaxial layer, and ports of a second layer positioned above the ports of the first layer and discharging a blocking gas blocking the raw gas from diffusing upward” of claims 3 and 10, and “wherein the ports of the plurality of layers further include ports of the third layer disposed below the ports of the first layer and discharging a purifying gas purifying a by-product occurring during a growth of the epitaxial layer”, note third gas supply device 43 may supply the second carrier gas into the chamber 21, ‘904, [0073], is considered a blocking gas too, The first gas supply device 41 may supply a first carrier gas to the first gas inlet 161, [0062], also function as purifying gas).
Claims 5-6 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over ‘904 and ‘693, as being applied to claims 4 and 10 rejections above, further in view of Kim et al. (US 20160194784, hereafter ‘784) and Kang et al. (KR 20130080151, from IDS, hereafter ‘151).
‘904 further teaches some limitations of:
Claims 5 and 11: The first distributor 154 may include a first layer distributor 171, a second layer distributor 172, and a third layer distributor 173. The first guide 156 may include a first layer outlet 181, a second layer outlet 182, and a third layer outlet 183 ([0087], includes the claimed “wherein the through holes include the through holes of a first layer corresponding to the ports of the first layer, the through holes of a second layer corresponding to the ports of the second layer, and the through holes of a third layer corresponding to the ports of the third layer”).
The combination of ‘904 and ‘693 does not teach the other limitations of:
Claim 5: the through holes of the second layer have a cylindrical shape, and
the through holes of the first layer and the through holes of the third layer have a mixture of the cylindrical shape and a cone shape.
Claim 6: wherein among the through holes of the first layer and the through holes of the third layer, the through holes corresponding to the center port have the cylindrical shape, and
among the through holes of the first layer and the through holes of the third layer, the through holes corresponding to the edge port have a cone shape.
Claim 11: the through holes of the second layer have a cylindrical shape, and
the through holes of the first layer have a mixture of the cylindrical shape and a cone shape.
‘784 is an analogous art in the field of EPITAXIAL REACTOR (title), a gas flow controller for controlling the flow of gas introduced in the reacting chamber, wherein the gas flow controller includes an inject cap having a plurality of gas outlets for separating the flow of gas and includes a plurality of baffles having through-holes corresponding to the plurality of gas outlets (abstract). ‘784 teaches that The gas flow controller 205 may include an inject cap 210, a plurality of baffles 230-1 to 230-3, and an insert 240 (Fig. 3, [0054]), The through-holes 21-1 to 21-n, 22-1 to 22-m, or 23-1 to 23-k (n, m, and k being natural numbers greater than 1) may be provided so as to pass through the associated plate 12-1, 12-2, or 12-3, and may be arranged in a line at intervals in the longitudinal direction 101 of the plate 12-1, 12-2, or 12-3. The through-holes 21-1 to 21-n, 22-1 to 22-n, or 23-1 to 23-k (n, m, and k being natural numbers greater than 1) may have the same diameter, but the present disclosure is not limited thereto. That is, alternatively, at least one of the through-holes may have a different diameter ([0085]-[0086], i.e. cylindrical holes, and three regions instead of five regions), for the purpose of increasing the uniformity ([0007]).
‘151 is an analogous art in the field of ADJUST UNIT OF INJECTING FLOW AND VAPOR DEPOSITION APPARATUS INCLUDING THE SAME (title), to form an epitaxial wafer with an epitaxial layer of a uniform thickness by individually controlling the flow of a gas injected to the desired area of a wafer according to the thickness profile of the epitaxial layer (abstract). ‘151 teaches that At least one of the plurality of first through-holes (120) has a flow control member (130) ([0031]), the flow control member 130 may be inserted into at least one through-hole of the plurality of first through-holes 120 ([0032], various Figures show through-holes 120 are cone shape and the adjustment member change it to cylindrical shape).
Before the effective filing dates of the claimed invention, it would have been obvious to a person of ordinary skill to have replaced the flow guide 156 of ‘904 with baffles of ‘784 with cylindrical through holes, and to have adopted cone shape through hole with adjustment members of ‘151 as various through holes of the baffles of ‘784, for the purpose of increasing the uniformity, as taught by ‘784 ([0007]) and ‘151 (abstract). As such, the combined apparatus is capable of forming “the through holes of the first layer and the through holes of the third layer have a mixture of the cylindrical shape and a cone shape”.
Note ‘151 teaches a flow distribution unit with an odd number of gas flow regions (Fig. 1).
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over ‘904, ‘693, ‘784, and ‘151, as being applied to claim 6 rejection above, further in view of Goodman et al. (US 20050193952, hereafter ‘952) and Doering et al. (US 20190382896, hereafter ‘896).
‘904 further teaches that the first gas supply device 41 may supply the first carrier gas into the chamber 21 through the controller 33, the first gas inlet 161, the first layer distributor 171, and the first layer outlet 181 ([0069], note as the carrier gas only mix the reactive gas after exit outlets, it functions as a purge gas).
The combination of ‘904, ‘693, ‘784, and ‘151 does not teach the limitations of:
Claim 7: wherein the through holes of the third layer have cross-sectional areas each having a smaller size compared to those of the through holes of the first layer.
‘952 is an analogous art in the field of Substrate Support System For Reduced Autodoping And Backside Deposition (Fig. 1, title), directing a generally horizontal flow of a reactive gas above the substrate, wherein directing an upward flow of gas comprises directing an upward flow of an inert gas directly into the lower ends of the one or more selected passages at the same time that the reactive gas flows above the substrate (claim 37 of ‘952), the aforementioned substrate backside cleaning operation may involve the simultaneous introduction of a generally horizontal flow of cleaning gas above the substrate 16 in the upper reactor chamber 2 ([0060], 6th sentence). ‘952 teaches that high velocity flows of purge gas onto the substrate backside ([0014]).
‘896 is an analogous art in the field of Gas Distribution Assembly For Improved Pump-Purge And Precursor Delivery (title), Gas injector inserts (abstract). ‘896 teaches that additional high velocity purge gas on top of the wafer as the wafer passes the segment. The high velocity purge gas advantageously washes unused precursor and reaction products/by-products from the substrate surface and process region of the processing chamber ([0063]).
Before the effective filing dates of the claimed invention, it would have been obvious to a person of ordinary skill to have adopted a high velocity of carrier/purging gas to the outlets 181 of ‘904, as taught by ‘952 and ‘892, for the purpose of advantageously washes unused precursor and reaction products/by-products from the substrate surface, as taught by ‘896 ([0063]). Note it is well-known that smaller holes result in higher velocity. It is merely optimization of an effect parameter to have “wherein the through holes of the third layer have cross-sectional areas each having a smaller size compared to those of the through holes of the first layer”. It has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. 20130255784 is cited for “the high flow of the carrier gas necessary to facilitate delivery of the process gases” ([0019], last sentence).
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/KEATH T CHEN/Primary Examiner, Art Unit 1716