DETAILED ACTION
Election/Restrictions
Applicant’s election without traverse of claims 4-6 in the reply filed on July 1, 2026 is acknowledged.
Claims 1-3 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on July 1, 2026.
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.
Claim 4 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wakabayashi (US 2020/0115801).
In regards to claim 4, Wakabayashi teaches a film forming apparatus comprising:
a processing container (72, chamber) that provides a processing space for a substrate (w) (fig. 1, 5; para. 17, 31);
a source gas supply apparatus (10, 10Y, gas supply) that supplies a required process gas to the processing container (fig. 1, 5; para. 18, 52-53);
a controller (110, 110Y) controls the source gas supply apparatus (fig. 1, 5; para. 37-38, 53),
the source gas supply apparatus (10, 10Y, gas supply) further comprises:
a carrier gas supply source (22, storage) that stores a carrier gas (fig. 1, 5; para. 19),
a mass flow controller (MFC) (24) adjusts a supplied amount of the carrier gas (fig. 1, 5; para. 19, 32, 37
a raw material container (12, canister) is connected to and supplied with the carrier gas and accommodate a liquid raw material (fig. 1, 5; para. 18-19), and the raw material container includes:
a heater (14) that heats the liquid raw material and
a temperature sensor (not shown) that is inherently provided, as the raw material container is heated to a predetermined temperature, to vaporize the raw material (para. 18, 33); and
a mass flow meter (MFM) (32) located on a flow path on which a mixed gas of a vaporized raw material gas from the raw material container with the carrier gas, the mass flow meter measures a flow rate of the mixed gas (fig. 1, 5; para. 20-22, 38, 47);
the controller that controls the components of the source gas supply apparatus,
the raw material container is heated to the predetermined temperature (para. 18),
supply the carrier gas to the raw material container depending on a predetermined flow rate setting value of the carrier gas (para. 40-42, 46),
receive a flow measurement value of the mixed gas from the MFM by measuring a flow rate of the mixed gas obtained by mixing the vaporized raw material gas discharged from the raw material container with the carrier gas (para. 46-47),
obtain a calculated value of a vaporization flow rate of the raw material gas by calculating a difference between the flow measurement value of the mixed gas and the flow rate setting value of the carrier gas (para. 46-47), and
control the MFC by the calculated value of the vaporization flow rate of the raw material gas (para. 41-42, 49, 53, 56-57) (fig. 3-4, 6-7; para. 37-43, 46-49).
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 5-6 are rejected under 35 U.S.C. 103 as being unpatentable over Wakabayashi as applied to claim 4 above, and further in view of Mo (US 2019/0177849).
In regards to claim 5, Wakabayashi as discussed, but does not explicitly teach he controller is configured to generate a vaporization flow rate table of the raw material gas by corresponding the calculated value of the vaporization flow rate of the raw material gas to the setting temperature and the flow rate setting value of the carrier gas.
However, Mo teaches a relationship between the flow rate of a vaporized raw material and an increase/decrease amount of a flow rate of a carrier gas and a relationship of a variation of a correction factor Kn and a variation of a temperature of a raw material container.
Mo teaches the relationships information are stored in a data table within the memory (93) of the control part (9) (fig. 1-5; para. 13-14, 32, 34-39).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to incorporate the control part with the memory and data of Mo onto the controller of Wakabayashi because Mo teaches it will provide a stable supply of vaporized raw material (para. 6).
In regards to claim 6, Wakabayashi and Mo as discussed, where Mo teaches the relationships between the flow rate of a vaporized raw material and an increase/decrease amount of a flow rate of a carrier gas and a relationship of a variation of a correction factor Kn and a variation of a temperature of a raw material container.
Mo teaches the control part sets and receives the flow rate of the carrier gas, the temperature for the raw material container, the heating of the raw material container, and the MFM-1 measures the flow rate of mix of carrier gas and vaporized raw material (fig. 1-5; para. 31-39).
The control part is capable of the claimed process of extract the flow rate setting value of the carrier gas and the setting temperature of the canister from the vaporization flow rate table of the raw material gas, by inserting the vaporization flow rate of the raw material gas required in a process of the substrate processing apparatus into the vaporization flow rate table of the raw material gas, heat the canister depending on the extracted setting temperature of the canister, and supply the carrier gas to the canister depending on the extracted flow rate setting value of the carrier gas (para. 70-75, 77, 85-89).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Binu Thomas whose telephone number is (571)270-7684. The examiner can normally be reached Monday to Thursday, 8:00AM-5:00PM PT.
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/Binu Thomas/Primary Examiner, Art Unit 1717
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