Prosecution Insights
Last updated: July 17, 2026
Application No. 18/583,059

DEPOSITION APPARATUS AND DEPOSITION METHOD

Final Rejection §103§112
Filed
Feb 21, 2024
Priority
Mar 06, 2023 — JP 2023-033815
Examiner
ALEJANDRO MULERO, LUZ L
Art Unit
1716
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Tokyo Electron Limited
OA Round
2 (Final)
47%
Grant Probability
Moderate
3-4
OA Rounds
1y 9m
Est. Remaining
87%
With Interview

Examiner Intelligence

Grants 47% of resolved cases
47%
Career Allowance Rate
202 granted / 427 resolved
-17.7% vs TC avg
Strong +40% interview lift
Without
With
+40.1%
Interview Lift
resolved cases with interview
Typical timeline
4y 2m
Avg Prosecution
14 currently pending
Career history
451
Total Applications
across all art units

Statute-Specific Performance

§101
0.2%
-39.8% vs TC avg
§103
74.3%
+34.3% vs TC avg
§102
3.9%
-36.1% vs TC avg
§112
6.6%
-33.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 427 resolved cases

Office Action

§103 §112
CTFR 18/583,059 CTFR 74140 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Claim Rejections - 35 USC § 112 07-30-01 AIA The following is a quotation of the first paragraph of 35 U.S.C. 112(a): (a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention. The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112: The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention. 07-31-01 Claim 2 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. The specification of the instant claimed invention, as originally filed, does not describe or provide support for an apparatus wherein the first gas supply nozzle further includes a second gas supply nozzle configured to supply the reaction gas (claim 2, lines 4-6). It appears from the specification and Fig. 1, that the first gas supply nozzle 31A and the second gas supply nozzle 31B are independent structures instead of the first gas supply nozzle including the second gas supply nozzle. Correction is required. 07-30-02 AIA 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. 07-34-01 Claim 2 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. The limitation “the first gas supply nozzle further includes a second gas supply nozzle configured to supply the reaction gas”, in claim 2, lines 4-6 is not clear. It appears from the specification and Fig. 1, that the first gas supply nozzle 31A and the second gas supply nozzle 31B are independent structures instead of the first gas supply nozzle including the second gas supply nozzle. Clarification and/or correction are/is required. Claim Rejections - 35 USC § 103 07-06 AIA 15-10-15 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. 07-20-aia AIA 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. 07-21-aia AIA Claim (s) 1-3 and 5-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Takasawa et al., US 2010/0130024 in view of Lan, US 2025/0051917 or Ikeda, US 2018/0274094 and Miya et al., US 2009/0035951 or Hara et al., US 2012/0220108 and Ohashi, US 2015/0294860 or Odagiri et al., US 2018/0112312 . With respect to independent claim 1, Takasawa et al. shows the invention substantially as claimed including a deposition apparatus 202 comprising: a processing chamber 201; a substrate holder 217 configured to hold a substrate 200 in the processing chamber; a gas supply 232a/232b/232c/232d/232e/232f/232g/232h configured to supply a processing gas and a purge gas into the processing chamber; and a controller 121 configured to control operation of the gas supply, wherein the gas supply includes a first gas supply nozzle 249a configured to supply the purge gas into the processing chamber; (see, for example, Fig. 1 and its description, Fig. 1 is shown below). PNG media_image1.png 424 392 media_image1.png Greyscale Takasawa et al. does not expressly disclose that the first gas supply nozzle includes an outer tube having a large-diameter portion and a small-diameter portion positioned below the large-diameter portion in a vertical direction of the processing chamber, the large-diameter portion having a diameter larger than that of the small-diameter portion, a plurality of gas holes formed in the large-diameter portion and arranged along the vertical direction of the processing chamber. Lan discloses an apparatus comprising a gas supply nozzle 1/5/5’ including an outer tube 111/511/511’ having a large-diameter portion and a small-diameter portion positioned below the large-diameter portion in a vertical direction of the processing chamber, the large-diameter portion having a diameter larger than that of the small-diameter portion and a plurality of gas holes 21/61 formed in the large-diameter portion and arranged along the vertical direction of the processing chamber (see, for example, Figs. 2 and 6-7, and their descriptions, Figs. 2 and 6-7 are shown below). PNG media_image2.png 520 206 media_image2.png Greyscale PNG media_image3.png 468 330 media_image3.png Greyscale PNG media_image4.png 483 336 media_image4.png Greyscale Also, Ikeda discloses an apparatus comprising a gas supply nozzle 41 including an outer tube 42 having a large-diameter portion and a small-diameter portion positioned below the large-diameter portion in a vertical direction of the processing chamber, the large-diameter portion having a diameter larger than that of the small-diameter portion and a plurality of gas holes 46 formed in the large-diameter portion and arranged along the vertical direction of the processing chamber (see, for example, Figs. 1, 3, 5, and their descriptions, Figs. 3 and 5 are shown below). PNG media_image5.png 493 264 media_image5.png Greyscale PNG media_image6.png 596 291 media_image6.png Greyscale Therefore, in view of these disclosures, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention, to modify the apparatus of Takasawa as to comprise the claimed large diameter/small diameter gas supply nozzle configuration because such configuration is known and used in the art as a suitable configuration for uniformly introducing the gas and for effectively and efficiently reducing the volume of the gas supply nozzle and the space occupied by it in the process chamber, thereby optimizing the apparatus. With respect to the processing gas including a source gas that is adsorbed on the substrate, and the first gas supply nozzle supplying the purge gas together with the source gas into the processing chamber, it should be noted that such limitations are directed to method limitations instead of apparatus limitations, and since an apparatus is being claimed as the instant invention, the method teachings are not considered to be the matter at hand, since a variety of methods can be done with the apparatus. The method limitations are viewed as intended uses which do not further limit, and therefore do not patentably distinguish the claimed invention. The gas supply and the first gas supply nozzle of the apparatus of Takasawa are capable of supplying the claimed processing gas, and the purge gas together with the source gas into the processing chamber, respectively, if the method to be performed within the apparatus requires it. Additionally, it should be noted that Takasawa et al. further discloses wherein the processing gas includes a source gas that is adsorbed on the substrate, and a reaction gas that reacts with the source gas, the gas supply nozzle includes a first gas supply nozzle 249a configured to supply the purge gas together with the source gas, and a second gas supply nozzle 249d configured to supply the reaction gas; (see, for example, Figs. 3 and 6, and their descriptions, and paragraphs 0046, 0055-0059, 0084, 0088-0100). Takasawa et al. does not expressly disclose that the first gas supply nozzle includes a heating mechanism configured to heat the gas supplied through the first gas supply nozzle, wherein the heating mechanism is disposed to face the plurality of gas holes. Miya et al. shows an apparatus comprising a gas supply nozzle 233b connected to a purge gas through a gas supply pipeline 234b and including a heating mechanism 300 configured to heat the gas supplied through the nozzle, wherein the heating mechanism is disposed to face a plurality of gas holes 248b (see, for example, Figs. 5-9, and their descriptions, Figs. 5-6 are shown below). PNG media_image7.png 470 437 media_image7.png Greyscale PNG media_image8.png 441 408 media_image8.png Greyscale Also, Hara et al. shows an apparatus comprising a gas supply nozzle 60/70 connected to a purge gas through a gas supply pipeline 222 and including a heating mechanism 34C configured to heat the gas supplied through the nozzle, wherein the top part of the heating mechanism 34C is disposed to face a plurality of gas holes at the bottommost part of the gas supply nozzle 60/70 (see, for example, Figs. 2, 6A-B, and their descriptions, Figs. 2 is shown below). PNG media_image9.png 462 303 media_image9.png Greyscale Therefore, in view of these disclosures, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the apparatus of Takasawa et al. as to comprise the claimed heating mechanism because such means is known and used in the art as a suitable means for effectively and efficiently heating the gas that is supply to the chamber through the gas supply nozzle, to thereby provide a heated gas into the chamber, and thereby optimize the apparatus and increase its versatility to perform a variety of different methods. Additionally, it should be noted that the heating mechanism of the apparatus of Takasawa modified by Miya et al. or Hara et al. is capable of heating a purge gas and a source gas, if such gases are supplied through the first gas supply nozzle. Additionally, and with respect to the position of the heating mechanism, a prima facie case of obviousness still exists because it would have been obvious to one of ordinary skill in the art to optimize the length/location of the heating mechanism during routine experimentation depending upon, for example, the desired contact area, desired process characteristics, and/or desired temperature of the gas, and such limitation would not lend patentability to the instant application absent the showing of unexpected results. Takasawa et al. does not expressly disclose that the controller is configured as claimed. Ohashi discloses a method in which in supplying a purge gas into the processing chamber, a heating mechanism 245e/249a is operated to heat the purge gas to be discharged from a gas supply nozzle 245 (see, for example, Figs. 1-2, 5, 7, and their descriptions, and especially paragraphs 0075, 0089; paragraph 0075 is shown below). PNG media_image10.png 202 484 media_image10.png Greyscale Additionally, Ohashi further discloses that purge gas and source gas can be supplied together (see, for example, paragraphs 0086 and 0096; paragraphs 0086 and 0096 are shown below). PNG media_image11.png 266 595 media_image11.png Greyscale PNG media_image12.png 188 455 media_image12.png Greyscale Also, Odagiri et al. discloses a method in which in supplying a purge gas together with a source gas into the processing chamber, a heating mechanism 65 is operated to heat the purge gas and the source gas to be discharged from a gas supply nozzle 31b/37 (see, for example, Figs. 1-2, and their descriptions, and especially paragraphs 0047, 0060; paragraph 0047 is shown below). PNG media_image13.png 120 497 media_image13.png Greyscale Therefore, in view of these disclosures, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the method and controller of the apparatus of Takasawa et al. modified by Lan or Ikeda and Miya et al. or Hara et al., to perform a method wherein the heating mechanism is operated to heat the purge gas and the source gas to be discharge into the processing chamber because such method is known and used in the art to not cool down the gas supplying means, prevent by-products from adhering to the inner walls of the gas supplying means, and in order to raise the temperature of the wafer. With respect to claim 2, Takasawa et al. further discloses wherein the processing gas further includes a reaction gas that reacts with the source gas, the gas supply nozzle includes a second gas supply nozzle 249d configured to supply the reaction gas; (see, for example, Figs. 3 and 6, and their descriptions, and paragraphs 0046, 0055-0059, 0084, 0088-0100). It should be noted that even though gas supply nozzles 249a and 249d have been mentioned as the first and second gas supply nozzles, respectively, all of the gas supply nozzles 249a/249b/249c/249d would read in either the first gas supply nozzle or the second gas supply nozzle depending on the method to be performed within the apparatus. Regarding claim 3, Takasawa et al. further discloses that the substrate includes a plurality of substrates 200, the processing chamber is configured to accommodate and arrange the plurality of substrates in a vertical direction. With respect to claim 5, it should be noted that Takasawa et al. discloses that the controller is configured to perform, in a following order, (A) supplying the source gas into the processing chamber; (B) supplying only the purge gas into the processing chamber after (A); (C) supplying the reaction gas into the processing chamber after (B); and (D) supplying only the purge gas into the processing chamber after (C); (see, for example, Fig. 3 and its description, Fig. 3 is shown below). PNG media_image14.png 264 510 media_image14.png Greyscale Regarding claims 6-10, it should be noted that the controller of Takasawa et al. is configured to: in (A) supply the source gas and the purge gas into the processing chamber (see, for example, Step 1 in modified Fig. 3 of Takasawa et al. shown below); in (D), supply the purge gas into the processing chamber (see, for example, Step 4 in modified Fig. 3 of Takasawa et al. shown below); in (C), supply the purge gas into the processing chamber (see, for example, Step 3 in modified Fig. 3 of Takasawa et al. shown below); throughout (A), (B), (C), and (D), supply the purge gas into the processing chamber (see, for example, Steps 1-4 in modified Fig. 3 of Takasawa et al. shown below); and wherein, throughout (A), (B), (C), and (D), the controller is configured to supply the purge gas into the processing chamber at a same flow rate (see, for example, Steps 1-4 in modified Fig. 3 of Takasawa et al. shown below). PNG media_image15.png 348 532 media_image15.png Greyscale Additionally with respect to claims 6-9, as stated above, both Ohashi and Odagiri et al. disclose a method in which in supplying the purge gas into the processing chamber, the heating mechanism is operated to heat the purge gas to be discharged from the gas supply nozzle (see, for example, paragraphs 0075, 0089 of Ohashi, and paragraphs 0047, 0060 of Odagiri et al.). It should be noted that the controller of the apparatus of Takasawa et al. is configured to supply the purge gas throughout (A), (B), (C), and (D). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention, to modify the method and controller of the apparatus of Takasawa et al. modified by Lan or Ikeda and Miya et al. or Hara et al. and Ohashi or Odagiri et al., as to cause the heating mechanism to heat the purge gas throughout (A), (B), (C), and (D), because such method is known and used in the art to not cool down the gas supplying means, prevent by-products from adhering to the inner walls of the gas supplying means, and in order to raise the temperature of the wafer. Furthermore, and concerning claim 6, it should be noted that Hara et al. teaches heating the gases supplied to the chamber including the source gas and the purge gas, in order to improve the film quality uniformity (see, for example, the abstract, paragraph 0049). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention, to modify the method and controller of the apparatus of Takasawa et al. modified by Lan or Ikeda and Miya et al. or Hara et al. and Ohashi or Odagiri et al., as to, in (A), cause the heating mechanism to heat the source gas and the purge gas because such method is known and used in the art in order to improve the film quality uniformity . 07-22-aia AIA Claim (s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Takasawa et al., US 2010/0130024 in view of Lan, US 2025/0051917 or Ikeda, US 2018/0274094 and Miya et al., US 2009/0035951 or Hara et al., US 2012/0220108 and Ohashi, US 2015/0294860 or Odagiri et al., US 2018/0112312 , as applied to claim s 1-3 and 5-10 above, and further in view of Kadoshima et al., US 2023/0317420 . Concerning claim 4, Takasawa et al., Lan, Ikeda, Miya et al., Hara et al., Ohashi and Odagiri et al. are applied as above, and Takasawa et al. further discloses that the apparatus further comprises a temperature adjustment furnace 207 disposed outside the processing chamber and configured to adjust a temperature in the processing chamber; (see, for example, Fig. 1 above). Takasawa et al. does not expressly disclose that the gas to be supplied from the first gas supply nozzle is heated by setting a temperature at which the heating mechanism heats the gas to be higher than the temperature in the processing chamber adjusted by the temperature adjustment furnace. Ohashi discloses a method in which the purge gas to be supplied from the gas supply nozzle is heated by setting a temperature at which the heating mechanism heats the purge gas to be higher than the temperature in the processing chamber (see, for example, paragraph 0089 shown below). PNG media_image16.png 586 490 media_image16.png Greyscale Also, and this notwithstanding, Kadoshima et al. discloses a method in which the purge gas to be supplied from the gas supply nozzle is heated by setting a temperature at which the heating mechanism heats the purge gas to be higher than the temperature in the processing chamber (see, for example, paragraphs 0112-0113, 0119, 0126-0127, paragraphs 0126-0127 are shown below). PNG media_image17.png 435 487 media_image17.png Greyscale Therefore, in view of these disclosures, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the method and controller of the apparatus of Takasawa et al. modified by Lan or Ikeda and Miya et al. or Hara et al. and Ohashi or Odagiri et al., to heat the purge gas to be supplied from the gas supply nozzle by setting a temperature at which the heating mechanism heats the purge gas to be higher than the temperature in the processing chamber because such method is known and used in the art to raise the temperature of the wafer in order to suppress generation of particles on the wafer by promoting volatilization (desorption) of by-product particles, and thereby optimize the method performed within the apparatus . Response to Arguments Applicant’s arguments with respect to the claims have been considered but are moot in view of the new grounds of rejection. Conclusion 07-96 AIA The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Murakami et al. (US 2012/0178264) is cited for its teachings of a processing apparatus comprising gas supply nozzles and configured to accommodate and arrange the plurality of substrates in a vertical direction . Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL . See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to LUZ L ALEJANDRO whose telephone number is (571)272-1430. The examiner can normally be reached Monday and Thursday, 8:30 a.m. - 5:00 p.m.. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Parviz Hassanzadeh can be reached at 571-272-1435. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /LUZ L ALEJANDRO MULERO/ Primary Examiner, Art Unit 1716 May 30, 2026 Application/Control Number: 18/583,059 Page 2 Art Unit: 1716 Application/Control Number: 18/583,059 Page 3 Art Unit: 1716 Application/Control Number: 18/583,059 Page 4 Art Unit: 1716 Application/Control Number: 18/583,059 Page 5 Art Unit: 1716 Application/Control Number: 18/583,059 Page 6 Art Unit: 1716 Application/Control Number: 18/583,059 Page 7 Art Unit: 1716 Application/Control Number: 18/583,059 Page 8 Art Unit: 1716 Application/Control Number: 18/583,059 Page 9 Art Unit: 1716 Application/Control Number: 18/583,059 Page 10 Art Unit: 1716 Application/Control Number: 18/583,059 Page 11 Art Unit: 1716 Application/Control Number: 18/583,059 Page 12 Art Unit: 1716 Application/Control Number: 18/583,059 Page 13 Art Unit: 1716
Read full office action

Prosecution Timeline

Feb 21, 2024
Application Filed
Dec 17, 2025
Non-Final Rejection mailed — §103, §112
Feb 09, 2026
Response Filed
Jun 04, 2026
Final Rejection mailed — §103, §112 (current)

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Prosecution Projections

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Expected OA Rounds
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Grant Probability
87%
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4y 2m (~1y 9m remaining)
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