DETAILED ACTION
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 .
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(s) 1-10 and 14-15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Fujiwara et al. (US20090105061, hereinafter referred to as Fujiwara).
Regarding claim 1, Fujiwara discloses a glass block (see Fujiwara at the Abstract, disclosing glass) comprising: silicon (See Fujiwara at Table 3B, Ex. 19, disclosing a glass comprising 40.22 mol% SiO2); and at least one of magnesium and calcium (See Fujiwara at Table 3B, Ex. 19, disclosing a glass comprising 28.95 mol% CaO and 4.00 mol% MgO), wherein when an alkali metal element is expressed as R and an alkaline earth metal element is expressed as R2, in terms of mol percentage based on oxides, a content of B2O3 is 49.0 mol% or less (See Fujiwara at Table 3B, Ex. 19, disclosing a glass comprising 12.84 mol% B2O3), a content of P2O5 is 11.5 mol% or less (See Fujiwara at Table 3B, Ex. 19, disclosing a glass comprising 0% P2O5), a total of contents of SiO2, B2O3, P2O5, and GeO2 is 10.0 mol% or more and 59.5 mol% or less (See Fujiwara at Table 3B, Ex. 19, disclosing a glass comprising 40.22 mol% SiO2, 12.84 mol% B2O3, 0% P2O5, and 0% GeO2, for a sum total of 53.06 mol%), a total of contents of SiO2, B2O3, P2O5, GeO2, and Al2O3 is 66.5 mol% or less (See Fujiwara at Table 3B, Ex. 19, disclosing a glass comprising 40.22 mol% SiO2, 12.84 mol% B2O3, 0% P2O5, 0% GeO2, 4.95 mol% Al2O3, for a sum total of 58.01 mol%), a content of Ga2O3 is 7.0 mol% or less (See Fujiwara at Table 3B, Ex. 19, disclosing a glass comprising 0% Ga2O3), a ratio b/a of a total b of contents of Al2O3, Ga2O3, and In2O3 to a total a of the contents of SiO2, B2O3, P2O5, and GeO2 is 0.44 or less (See Fujiwara at Table 3B, Ex. 19, disclosing a glass comprising 4.95 mol% Al2O3, 0% Ga2O3, 0% In2O3, 40.22 mol% SiO2, 12.84 mol% B2O3, 0% P2O5, and 0% GeO2, for a ratio of (4.95)/(40.22+12.84)= 0.09), a content of R2O is 20.0 mol% or more (See Fujiwara at Table 3B, Ex. 19, disclosing a glass comprising 4 mol% MgO, 28.95 mol% CaO, 3.49 mol% SrO, and 0% BaO, for a sum total R2O content of 36.44), a content of MgO is 50.0 mol% or less (See Fujiwara at Table 3B, Ex. 19, disclosing a glass comprising 4 mol% MgO), the content of MgO is equal to or more than a content of BaO (See Fujiwara at Table 3B, Ex. 19, disclosing a glass comprising 4 mol% MgO and 0% BaO), a content of CaO is equal to or more than the content of BaO (See Fujiwara at Table 3B, Ex. 19, disclosing a glass comprising 28.95 mol% CaO and 0% BaO), and a content of SrO is equal to or more than the content of BaO (See Fujiwara at Table 3B, Ex. 19, disclosing a glass comprising 3.49 mol% SrO and 0% BaO), the content of MgO is equal to or more than the content of SrO (See Fujiwara at Table 3B, Ex. 19, disclosing a glass comprising 4 mol% MgO and 3.49 mol% SrO), and the content of CaO is equal to or more than the content of SrO (See Fujiwara at Table 3B, Ex. 19, disclosing a glass comprising 28.95 mol% CaO and 3.49 mol% SrO), a content of RI2O is 1.2 mol% or less (See Fujiwara at Table 3B, Ex. 19, disclosing a glass comprising 0% RI2O), a content of TiO2 or ZrO2 is 4.8 mol% or less (See Fujiwara at Table 3B, Ex. 19, disclosing a glass comprising 0% TiO2), a content of MnO2 is 9.5 mol% or less (See Fujiwara at Table 3B, Ex. 19, disclosing a glass comprising 0% MnO2), a content of ZnO is 11.8 mol% or less (See Fujiwara at Table 3B, Ex. 19, disclosing a glass comprising 1.02 mol% ZnO), a ratio Ta2O5/SiO2 of a content of Ta2O5 to a content of SiO2 is 0.067 or less (See Fujiwara at Table 3B, Ex. 19, disclosing a glass comprising 0% Ta2O5 for a ratio of Ta2O5/SiO2 of 0), a content of an impurity element in terms of an oxide is 15.0 mol% or less, provided that the impurity element is a metal element excluding silicon, boron, phosphorus, germanium, aluminum, gallium, indium, an alkaline earth metal element, yttrium, an alkali metal element, titanium, zirconium, manganese, zinc, and tantalum (See Fujiwara at Table 3B, Ex. 19, disclosing a glass comprising no impurities), and a ratio F/O of a content F of fluorine to a content O of oxygen is 0.20 or less (See Fujiwara at Table 3B, Ex. 19, disclosing a glass comprising no F for a ratio of F/O of 0).
Regarding claim 2, Fujiwara discloses the content of SiO2 is 17.0 mol% or more (See Fujiwara at Table 3B, Ex. 19, disclosing a glass comprising 40.22 mol% SiO2).
Regarding claim 3, Fujiwara discloses the content of SiO2 is 59.5 mol% or less (See Fujiwara at Table 3B, Ex. 19, disclosing a glass comprising 40.22 mol% SiO2).
Regarding claim 4, Fujiwara discloses the content of Al2O3 is 27.5 mol% or less (See Fujiwara at Table 3B, Ex. 19, disclosing a glass comprising 4.95 mol% Al2O3).
Regarding claim 5, Fujiwara discloses a total of the contents of MgO and CaO is 20.0 mol% or more (See Fujiwara at Table 3B, Ex. 19, disclosing a glass comprising 4 mol% MgO, 28.95 mol% CaO, for a sum total of 32.95 mol%).
Regarding claim 6, Fujiwara discloses a total of the contents of MgO and CaO is 69.0 mol% or less (See Fujiwara at Table 3B, Ex. 19, disclosing a glass comprising 4 mol% MgO, 28.95 mol% CaO, for a sum total of 32.95 mol%).
Regarding claim 7, Fujiwara discloses the content of CaO is 20.0 mol% or more and 69.0 mol% or less (See Fujiwara at Table 3B, Ex. 19, disclosing a glass comprising 28.95 mol% CaO).
Regarding claim 8, Fujiwara discloses the content of BaO is 30.0 mol% or less (See Fujiwara at Table 3B, Ex. 19, disclosing a glass comprising 0% BaO).
Regarding claim 9, Fujiwara discloses an average thermal expansion coefficient at 50°C to 350°C of 9.0 ppm/°C or less (See Fujiwara at Table 3S, Ex. 19, disclosing a glass comprising an average linear expansion coefficient of 7.6 ppm/°C).
Regarding claim 10, while Fujiwara does not explicitly disclose a visible light transmittance of 75% or more, the transmittance of a glass is a function of the composition of the glass. Because the composition of Fujiwara is substantially identical to the instant composition, the glass of Fujiwara would inherently possess the claimed transmittance. Where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation or obviousness has been established (see MPEP 2112.01(I) first paragraph).
Regarding claim 14, while Fujiwara does not explicitly disclose a member for a semiconductor manufacturing apparatus comprising: the glass block, it is noted a preamble is generally not accorded any patentable weight where it merely recites the purpose of a process or the intended use of a structure, and here the body of the claim does not depend on the preamble for completeness but, instead, the process steps or structural limitations are able to stand alone. See In re Hirao, 535 F.2d 67, 190 USPQ 15 (CCPA 1976) and Kropa v. Robie, 187 F.2d 150, 152, 88 USPQ 478, 481 (CCPA 1951). In claim 1, the intended use of being a member for a semiconductor manufacturing apparatus is not given patentable weight.
Regarding claim 15, while Fujiwara does not explicitly disclose the member is to be mounted on a plasma etching apparatus, and is a top plate, a microwave introduction tube, a lift pin, a nozzle, an edge ring, an electrostatic chuck, a shower plate, or a protective cover for a sensor inside a chamber, a claim containing a "recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus" if the prior art apparatus teaches all the structural limitations of the claim (See MPEP 2114(II)). As such, being mounted on a plasma etching apparatus, and is a top plate, a microwave introduction tube, a lift pin, a nozzle, an edge ring, an electrostatic chuck, a shower plate, or a protective cover for a sensor inside a chamber is not given patentable weight over Fujiwara because Fujiwara discloses the structural elements of the glass as detailed by the rejections above.
Claim(s) 1-6 and 8-15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zou et al. (US6214429, hereinafter referred to as Zou).
Regarding claim 1, Zou discloses a glass block (see Zou at the Abstract, disclosing a glass substrate) comprising: silicon (see Zou at Table 14, Example 200, disclosing an example of a glass comprising 40.00 mol% SiO2); and at least one of magnesium and calcium (see Zou at Table 14, Example 200, disclosing an example of a glass comprising 25.00 mol% MgO and 10.00 mol% CaO), wherein when an alkali metal element is expressed as R and an alkaline earth metal element is expressed as R2, in terms of mol percentage based on oxides, a content of B2O3 is 49.0 mol% or less (see Zou at Table 14, Example 200, disclosing an example of a glass comprising 0% B2O3), a content of P2O5 is 11.5 mol% or less (see Zou at Table 14, Example 200, disclosing an example of a glass comprising 0% P2O5), a total of contents of SiO2, B2O3, P2O5, and GeO2 is 10.0 mol% or more and 59.5 mol% or less (see Zou at Table 14, Example 200, disclosing an example of a glass comprising 40.0 mol% SiO2, 0% B2O3, 0% P2O5, and 0% GeO2), a total of contents of SiO2, B2O3, P2O5, GeO2, and Al2O3 is 66.5 mol% or less (see Zou at Table 14, Example 200, disclosing an example of a glass comprising 40.0 mol% SiO2, 0% B2O3, 0% P2O5, 0% GeO2, and 15.00 mol% Al2O3 for a sum total of 55 mol%), a content of Ga2O3 is 7.0 mol% or less (see Zou at Table 14, Example 200, disclosing an example of a glass comprising 0% Ga2O3), a ratio b/a of a total b of contents of Al2O3, Ga2O3, and In2O3 to a total a of the contents of SiO2, B2O3, P2O5, and GeO2 is 0.44 or less (see Zou at Table 14, Example 200, disclosing an example of a glass comprising 15 mol% Al2O3, 0% Ga2O3, 0% In2O3, 40 mol% SiO2, 0% B2O3, 0% P2O5, and 0% GeO2 for a ratio of 15/40= 0.375), a content of R2O is 20.0 mol% or more (see Zou at Table 14, Example 200, disclosing an example of a glass comprising 35 mol% R2O), a content of MgO is 50.0 mol% or less (see Zou at Table 14, Example 200, disclosing an example of a glass comprising 25 mol% MgO), the content of MgO is equal to or more than a content of BaO (see Zou at Table 14, Example 200, disclosing an example of a glass comprising 25 mol% MgO and 0% BaO), a content of CaO is equal to or more than the content of BaO (see Zou at Table 14, Example 200, disclosing an example of a glass comprising 10 mol% CaO and 0% BaO), and a content of SrO is equal to or more than the content of BaO (see Zou at Table 14, Example 200, disclosing an example of a glass comprising 0% SrO and 0% BaO), the content of MgO is equal to or more than the content of SrO (see Zou at Table 14, Example 200, disclosing an example of a glass comprising 25 mol% MgO and 0% SrO), and the content of CaO is equal to or more than the content of SrO (see Zou at Table 14, Example 200, disclosing an example of a glass comprising 10 mol% CaO and 0% SrO), a content of RI2O is 1.2 mol% or less (see Zou at Table 14, Example 200, disclosing an example of a glass comprising 0% RI2O), a content of TiO2 or ZrO2 is 4.8 mol% or less (see Zou at Table 14, Example 200, disclosing an example of a glass comprising 0% ZrO2), a content of MnO2 is 9.5 mol% or less (see Zou at Table 14, Example 200, disclosing an example of a glass comprising 0% MnO2), a content of ZnO is 11.8 mol% or less (see Zou at Table 14, Example 200, disclosing an example of a glass comprising 0% ZnO), a ratio Ta2O5/SiO2 of a content of Ta2O5 to a content of SiO2 is 0.067 or less (see Zou at Table 14, Example 200, disclosing an example of a glass comprising 0% Ta2O5 for a ratio of Ta2O5/SiO2 of 0), a content of an impurity element in terms of an oxide is 15.0 mol% or less, provided that the impurity element is a metal element excluding silicon, boron, phosphorus, germanium, aluminum, gallium, indium, an alkaline earth metal element, yttrium, an alkali metal element, titanium, zirconium, manganese, zinc, and tantalum (see Zou at Table 14, Example 200, disclosing an example of a glass comprising no impurities), and a ratio F/O of a content F of fluorine to a content O of oxygen is 0.20 or less (see Zou at Table 14, Example 200, disclosing an example of a glass comprising no F for a ratio of F/O of 0).
Regarding claim 2, Zou discloses the content of SiO2 is 17.0 mol% or more (see Zou at Table 14, Example 200, disclosing an example of a glass comprising 40.00 mol% SiO2).
Regarding claim 3, Zou discloses the content of SiO2 is 59.5 mol% or less (see Zou at Table 14, Example 200, disclosing an example of a glass comprising 40.00 mol% SiO2).
Regarding claim 4, Zou discloses the content of Al2O3 is 27.5 mol% or less (see Zou at Table 14, Example 200, disclosing an example of a glass comprising 15.00 mol% Al2O3).
Regarding claim 5, Zou discloses a total of the contents of MgO and CaO is 20.0 mol% or more (see Zou at Table 14, Example 200, disclosing an example of a glass comprising 25.00 mol% MgO and 10.00 mol% CaO).
Regarding claim 6, Zou discloses a total of the contents of MgO and CaO is 69.0 mol% or less (see Zou at Table 14, Example 200, disclosing an example of a glass comprising 25.00 mol% MgO and 10.00 mol% CaO).
Regarding claim 8, Zou discloses the content of BaO is 30.0 mol% or less (see Zou at Table 14, Example 200, disclosing an example of a glass comprising 0% BaO).
Regarding claim 9, while Zou does not explicitly disclose an average thermal expansion coefficient at 50°C to 350°C of 9.0 ppm/°C or less, the coefficient of thermal expansion of a glass is a function of the composition of the glass. Because the composition of Zou is substantially identical to the instant glass, the glass of Zou would inherently possess the claimed coefficient of thermal expansion). Where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation or obviousness has been established (see MPEP 2112.01(I) first paragraph).
Regarding claim 10, while Zou does not explicitly disclose a visible light transmittance of 75% or more, the transmittance of a glass is a function of the composition of the glass. Because the composition of Zou is substantially identical to the instant composition, the glass of Fujiwara would inherently possess the claimed transmittance.
Regarding claim 11, while Zou does not explicitly disclose a porosity of 3.0 vol% or less, the porosity of the glass is a function of the composition of the glass and the method of producing the glass as evidenced by the instant PGPub at [0186], disclosing in order to keep the porosity within the above range, it is preferable to set the content of each component as described above and to manufacture the glass block by the method. The composition of the glass and the method of producing the glass of Zou is substantially identical to those instantly disclosed as detailed by the rejections herein. As such, the glass of Fujiwara would inherently possess the claimed porosity.
Regarding claim 12, Zou discloses a method for manufacturing the glass block the method comprising: melting a glass raw material by heating (see Zou at Col. 25, line 46, disclosing the glass is melted by high temperature); and molding the obtained molten glass (See Zou at Col. 25, lines 50-51, disclosing a down draw method. Examiner notes a down draw method is a molding method per [0197] of the instant PGPub), followed by annealing (see Zou at Col. 28, line 5, disclosing annealing).
Regarding claim 13, Zou discloses a temperature at which the glass raw material is heated and melted is 1,650°C or lower (see Zou at Col. 28, lines 1-2, disclosing the glass was melted ... at 1550°C).
Regarding claim 14, while Zou does not explicitly disclose a member for a semiconductor manufacturing apparatus comprising: the glass block, it is noted a preamble is generally not accorded any patentable weight where it merely recites the purpose of a process or the intended use of a structure, and here the body of the claim does not depend on the preamble for completeness but, instead, the process steps or structural limitations are able to stand alone. See In re Hirao, 535 F.2d 67, 190 USPQ 15 (CCPA 1976) and Kropa v. Robie, 187 F.2d 150, 152, 88 USPQ 478, 481 (CCPA 1951). In claim 1, the intended use of being a member for a semiconductor manufacturing apparatus is not given patentable weight.
Regarding claim 15, while Zou does not explicitly disclose the member is to be mounted on a plasma etching apparatus, and is a top plate, a microwave introduction tube, a lift pin, a nozzle, an edge ring, an electrostatic chuck, a shower plate, or a protective cover for a sensor inside a chamber, a claim containing a "recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus" if the prior art apparatus teaches all the structural limitations of the claim (See MPEP 2114(II)). As such, being mounted on a plasma etching apparatus, and is a top plate, a microwave introduction tube, a lift pin, a nozzle, an edge ring, an electrostatic chuck, a shower plate, or a protective cover for a sensor inside a chamber is not given patentable weight over Zou because Zou discloses the structural elements of the glass as detailed by the rejections above.
Conclusion
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CAMERON K MILLER
Examiner
Art Unit 1731
/CAMERON K MILLER/Examiner, Art Unit 1731
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