CTNF 18/588,371 CTNF 87926 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 § 102 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. 07-07-aia AIA 07-07 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 – 07-08-aia AIA (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. 07-12-aia AIA (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. 07-15-aia AIA Claim(s) 1, 4-5, and 12-13 is/are rejected under 35 U.S.C. 102 (a)(1)/(a)(2) as being anticipated by US Patent Application Publication 2007/0084408 of Yudovsky et al., hereinafter Yudovsky . Regarding claim 1, Yudovsky teaches a substrate processing apparatus (Fig 4-5) comprising: a processing container (301 Fig 4-5) configured to accommodate a substrate holder (314 Fig 4-5 [0055]) that holds substrates [0055]; a gas exhaust chamber provided in a side wall of the processing container (portion of 303 midway and closer to 314 Fig 4-5); an exhaust-side pipe extending horizontally from the gas exhaust chamber (outermost portion of 303 Fig 4-5); and an ejector (307 Fig 4-5) detachably disposed [0075] spanning through the gas exhaust chamber and the exhaust-side pipe (Fig 4-5). Regarding claim 4, Yudovsky teaches the ejector (307 Fig 4-5) includes a suction portion (348 Fig 4) having a plurality of gas suction holes (slots 336 Fig 4-5), and a transfer portion (333 Fig 4-5) communicating with the suction portion, and disposed inside the exhaust-side pipe (Fig 4-5). Regarding claim 5, Yudovsky teaches a gas supply chamber (middle to inner portion of 304 Fig 4-5) provided in a side wall of the processing container (Fig 4-5); a supply-side pipe (outer portion of 304 Fig 4-5) extending horizontally from the gas supply chamber (Fig 4-5); and an injector (305 Fig 4-5) detachably disposed spanning through the gas supply chamber and the supply-side pipe (Fig 4-5) [0055], [0058]. Regarding claim 12, Yudovsky teaches the injector includes an injection portion (342 Fig 4-5) having a plurality of gas injection holes (325 Fig 4-5), and a transfer portion (326 Fig 4-5) that communicates with the injection portion [0060], and is disposed inside the supply-side pipe (Fig 4-5). Regarding claim 13, Yudovsky teaches the transfer portion has a straight tube shape (326 Fig 4-5) . Claim Rejections - 35 USC § 103 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. 07-23-aia AIA 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. 07-21-aia AIA Claim (s) 2-3 and 6-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yudovsky in view of US Patent Application Publication 2008/0173238 of Nakashima et al., hereinafter Nakashima . Regarding claim 2, Yudovsky teaches a heater (311 Fig 5) accommodating the processing container (Fig 4) but fails to teach the exhaust-side pipe penetrates a side surface of the heater because Yudovsky teaches two heater sections (Fig 5). In the same field of endeavor of a vertical processing container (Fig 1), Nakashima teaches the exhaust pipes (231a-h Fig 1) penetrate the sidewall of the heater (206 Fig 1) that accommodates the processing container (203 Fig 1). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the apparatus of Yudovsky to include the exhaust-side pipe penetrates a side surface of the heater because this is a simple substitution of one known element (two section heater) for another (fully surrounding heater) to achieve predictable results (heating of the processing chamber). Regarding claim 3, Yudovsky fails to teach a plurality of exhaust side pipes provided in an axial direction of the processing chamber. Nakashima teaches a plurality of exhaust pipes (231a-h Fig 1) provided in an axial direction of the processing chamber (Fig 1). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the exhaust structure of Yudovsky to include a plurality of exhaust side pipes arranged in an axial direction because this represents a simple substitution of one known element (exhaust pipe of Nakashima) for another (exhaust pipe of Yudovsky) to achieve predictable results (exhaust of the vertical boat chamber). Regarding claim 6, Yudovsky teaches a heater (311 Fig 5) accommodating the processing container (Fig 4) but fails to teach the supply-side pipe penetrates a side surface of the heater because Yudovsky teaches two heater sections (Fig 5). In the same field of endeavor of a vertical processing container (Fig 1), Nakashima teaches the supply pipes (230a-h Fig 1) penetrate the sidewall of the heater (206 Fig 1) that accommodates the processing container (203 Fig 1). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the apparatus of Yudovsky to include the supply-side pipe penetrates a side surface of the heater because this is a simple substitution of one known element (two section heater) for another (fully surrounding heater) to achieve predictable results (heating of the processing chamber). Regarding claim 7, Yudovsky fails to teach a plurality of supply-side pipes provided in an axial direction of the processing chamber. Nakashima teaches a plurality of supply pipes (230a-h Fig 1) provided in an axial direction of the processing chamber (Fig 1). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the exhaust structure of Yudovsky to include a plurality of supply-side pipes arranged in an axial direction because this represents a simple substitution of one known element (supply pipe of Nakashima) for another (supply pipe of Yudovsky) to achieve predictable results (supply of gas to the vertical boat chamber). Regarding claim 8, the combination remains as applied to claim 7 above. As part of teaching the plurality of supply pipes, Nakashima teaches a same type of gas is supplied to a plurality of injectors provided corresponding to the plurality of supply-side pipes arranged in the axial direction of the processing container body, respectively [0066-0067] . 07-21-aia AIA Claim (s) 9-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yudovsky in view of US Patent Application Publication 2008/0113096 of Mahajani, hereinafter Mahajani . Regarding claim 9, Yudovsky fails to teach a plurality of supply-side pipes is provided in a circumferential direction of the processing container. In the same field of endeavor of a vertical boat processing chamber (Fig 1A), Mahajani teaches a plurality of supply side pipes (118a-118d Fig 1B) arranged horizontally (i.e. along a circumferential direction). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Yudovsky to include the additional supply side pipes arranged horizontally (circumferential direction of Yudovsky) because Mahajani demonstrates this arrangement allows for supply of gases to the processing chamber [0023]. This represents a simple substitution of one known element (supply pipe of Mahajani) for another (supply pipe of Yudovsky) to achieve predictable results (supply of gas to the vertical boat chamber). Regarding claim 10, the combination remains as applied to claim 9 above. Mahajani as applied in the combination teaches different types of gases are supplied to a plurality of injectors provided corresponding to the plurality of supply-side pipes arranged in the circumferential direction of the processing container, respectively [0031-0032] . 07-22-aia AIA Claim (s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yudovsky in view of Mahajani as applied to claim 10 above, and further in view of US Patent Application Publication 2014/0283750 of Okada et al., hereinafter Okada . The combination remains as applied to claim 10 above. The combination fails to teach a gas injector heater that heats each of the plurality of supply-side pipes. In the same field of endeavor of vertical boat processing apparatus (abstract and Fig 1), Okada teaches a gas injector heater that heats each of the supply-side pipes (191 Fig 15A) [0149-0150]. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Yudovsky to include the injector heater because Okada teaches the gas supply may be specifically activated [0150-0151] . 07-21-aia AIA Claim (s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yudovsky in view of US Patent Application Publication 2011/0277681 of Arena et al., hereinafter Arena . Regarding claim 14, Yudovsky fails to teach the transfer portion has a spiral tube shape. Initially it is noted that this represents a change of shape. In the same field of endeavor of a reaction chamber (abstract, Fig 1), Arena teaches the gas introduction pipe may be shaped as a spiral tube (49 Fig 2C) to allow for increased flow through the heated portion [0038]. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the shape of the transfer portion to be spiral because Arena teaches this is a functional alternative [0038] . 07-21-aia AIA Claim (s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yudovsky in view of US Patent Application Publication 2003/0049372 of Cook et al., hereinafter Cook . Regarding claim 15, Yudovsky teaches the ejector includes a plurality of gas suction holes (336 Fig 4) and the injector includes a plurality of gas injection holes (325 Fig 4). Yudovsky fails to teach a flow passage cross-sectional area of each of the plurality of gas suction holes is larger than a flow passage cross-sectional area of each of the plurality of gas injection holes. In the same field of endeavor of a vertical boat substrate chamber (abstract, Fig 6(a)), Cook teaches the size of the gas exhaust holes may be chosen to provide the desired exhaust flow and activity [0079]. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the size of the exhaust holes to have a larger flow cross sectional area than the gas injection holes because there are more gas injectors and injector holes (thus necessitating larger exhaust holes to match the total flow rate) and because Cook teaches the size is adjustable and this represents obvious to try of choosing between a finite number of options (same flow size area, exhaust holes having a larger flow size area, supply holes having a larger flow size area) . Double Patenting 08-37 AIA Claim s 1-15 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim s 1-10 of copending Application No. 18/588,315 in view of Yudovsky. Claims 1-10 of copending 18/588315 contain all the limitations of instant claim 1-15 except for the exhaust side pipe and ejector detachably disposed. Yudovsky an exhaust-side pipe extending horizontally from the gas exhaust chamber (outermost portion of 303 Fig 4-5); and an ejector (307 Fig 4-5) detachably disposed [0075] spanning through the gas exhaust chamber and the exhaust-side pipe (Fig 4-5). It would have been obvious to a person having ordinary skill in the art to modify the claims of 18/588315 to include the exhaust pipe and ejector because Yudovsky teaches these enable removing gas from the chamber [0077]. Regarding the plurality of exhaust pipes, this represents a duplication of parts of the exhaust pipes of Yudovsky and claim 3 of 18/588315 requires pipes being arranged axially. Regarding claim 4, as part of teaches the exhaust structure, Yudovsky teaches the ejector (307 Fig 4-5) includes a suction portion (348 Fig 4) having a plurality of gas suction holes (slots 336 Fig 4-5), and a transfer portion (333 Fig 4-5) communicating with the suction portion, and disposed inside the exhaust-side pipe (Fig 4-5) . This is a provisional nonstatutory double patenting rejection. Conclusion 07-96 AIA The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 2004/0149211 teaches gas introduction and exhaust with holes on both (Fig 3). US 2018/0148837 teaches an insert (340 Fig 3) in the gas exhaust line (Fig 3). US 2022/0356580 teaches gas injectors (Fig 5). US 2025/0218840 teaches a vertical boat chamber with gas introduction and exhaust (Fig 1) . Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARGARET D KLUNK whose telephone number is (571)270-5513. The examiner can normally be reached Mon - Fri 9:30-5:30. 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. 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If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /MARGARET KLUNK/Examiner, Art Unit 1716 /KEATH T CHEN/Primary Examiner, Art Unit 1716 Application/Control Number: 18/588,371 Page 2 Art Unit: 1716 Application/Control Number: 18/588,371 Page 3 Art Unit: 1716 Application/Control Number: 18/588,371 Page 4 Art Unit: 1716 Application/Control Number: 18/588,371 Page 5 Art Unit: 1716 Application/Control Number: 18/588,371 Page 6 Art Unit: 1716 Application/Control Number: 18/588,371 Page 7 Art Unit: 1716 Application/Control Number: 18/588,371 Page 8 Art Unit: 1716 Application/Control Number: 18/588,371 Page 9 Art Unit: 1716 Application/Control Number: 18/588,371 Page 10 Art Unit: 1716 Application/Control Number: 18/588,371 Page 11 Art Unit: 1716
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