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 § 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 8-9 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. Any claim not specifically mentioned is rejected based on its dependency.
Claim 7 never explicitly or clearly states that the apparatus of claim 7 comprises the gas supply line. However, claims 8-9 depend/require its presence. In order to expedite examination, Examiner has assumed that claim 7 was meant to explicitly and properly introduce the gas supply line as an element of the substrate processing apparatus and has examined accordingly. Clarification and/or correction is requested.
Claim Rejections - 35 USC § 102
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.
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) 1-3 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent No. 6,565,661 to Nguyen.
Regarding claim 1: Nguyen discloses a gas baffle plate capable of being provided below a gas supply line formed in a chamber in which a process gas is performed on the substrate, the gas baffle comprising: a baffle plate (see, e.g., Fig. 14, 204) configured to dispense a process gas capable of being supplied from the gas supply line; and a plurality of opening (229) extending radially from a central portion of the baffle plate toward an edge portion of the baffle (and capable of passing the process gas inclined to the baffle plate), the plurality of openings inclined along a circumferential direction of the baffle plate such that they are capable of dispersing the process gas.
With respect to claim 2, in Nguyen, by nature of the provision of the plurality of openings as disclosed, wherein an angle is necessarily provided, the plurality of openings are necessarily inclined at a predetermined angle to the baffle plate. See, e.g., aforementioned figures.
With respect to claim 3, in Nguyen, the plurality of openings extend in a straight line from the central portion of the baffle plate toward the edge portion of the baffle plate. See aforementioned figures.
Claim(s) 1-3 and 7-8 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated U.S. Patent Pub. No. 2006/0086319 to Kasai et al.
Regarding claim 1: in e.g., Figs. 3 and 5A-5B, Kasai et al. disclose a gas baffle (205 or 208) capable of being provided below a gas supply line formed in a chamber in which a process is performed on a substrate; the gas baffle comprising: a baffle plate (e.g., 205B or 208B) configured to dispowers a process gas supplied from the gas supply line; and a plurality of openings (not numbered) extending radially from a central portion of the baffle plate toward an edge portion of the baffle plate to pass the process gas inclined to the baffle plate and inclined along a circumferential direction of the baffle plate to disperse the process gas.
With respect to claim 2, in Kasai et al., by nature of the provision of the plurality of openings as disclosed, wherein an angle is necessarily provided (e.g., approximately, 90 degrees), the plurality of openings is necessarily inclined at a predetermined angle to the baffle plate. See, e.g., Figs. 5A-B.
With respect to claim 3, in Kasai et al., the plurality of openings extends in a straight line from the central portion of the baffle plate toward the edge portion of the baffle plate. See, e.g., Figs. 5A-B.
Regarding claim 7: Kasai et al. disclose a substrate processing apparatus comprising: a chamber (see, e.g., Fig. 3, 100) including a chamber body (101) with an open top providing a processing space (100a) for a substrate (Wf), and a lid (102) configured to seal the open tope of the chamber body; a showerhead (201) provided in the processing space and configured to supply the process gas to the substrate; a gas supply line (206); and a gas baffle (205) formed in the chamber and provided below the gas supply line (206) configured to supply a process gas to the substrate to disperse the process gas, wherein the gas baffle includes a baffle plate (see, e.g., Figs. 5A-B) and a plurality of openings extending radially from a central portion of the baffle plate toward and edge portion of the baffle plate to pass the process gas inclined to the baffle plate and inclined along a circumferential direction of the baffle plate to disperse the process gas the plurality of openings are necessarily inclined at a predetermined angle to the baffle plate.
With respect to claim 8, in Kasai et al., the gas supply line is formed in the lid, see, e.g., Fig. 3, and the gas baffle is provided between the lid and the showerhead below the gas supply line.
Claim Rejections - 35 USC § 103
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.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 4-6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nguyen as applied to claims 1-3 above in view of U.S. Patent No. 6,415,736 to Hao et al.
Regarding claim 4: Kasai et al. disclose the gas baffle substantially as claimed and as described above, and the baffle plate further comprising a first surface facing the gas supply line (i.e. top surface), and a second surface (e.g., bottom surface) located on an opposite side of the first surface and a/the showerhead.
However, Kasai et al. fail to disclose a protrusion is further formed on a central portion of the first surface.
In Figs. 1-2 and 3A and 4, e.g., Hao et al. disclose providing a gas baffle (92) with a plurality of openings (100 and 104) having a protrusion (at 98) formed on a central portion of the first surface for the purpose of achieving a desired change in length of the plurality of openings across the baffle plate (see, e.g., column 3, row 44 through column 5, row 67).
Thus, it would have been obvious to one of ordinary skill in the art before Applicant’s invention was effectively filed to have provided the baffle plate of Nguyen having a protrusion formed on a central portion of the first surface in order to achieve a desired change in length of the plurality of openings across the baffle plate as taught by Hao et al.
With respect to claim 5, in modified Nguyen, Hao et al. disclose forming a through hole as one of the plurality of openings in the protrusion. See aforementioned figures.
With respect to claim 6, in modified Nguyen, Hao et al. necessarily disclose a guide configured to guide a flow inside the through hole, wherein surfaces of the through hole will necessarily act as a guide.
Claim(s) 4-6 and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kasai et al. as applied to claims 1-3 and 7-8 above in view of U.S. Patent No. 6,415,736 to Hao et al.
Regarding claims 4 and 9: Kasai et al. disclose the gas baffle and substrate processing apparatus substantially as claimed and as described above, and the baffle plate further comprising a first surface facing the gas supply line (i.e. top surface), and a second surface (e.g., bottom surface) located on an opposite side of the first surface and a/the showerhead.
However, Kasai et al. fail to disclose a protrusion is further formed on a central portion of the first surface.
In Figs. 1-2 and 3A and 4, e.g., Hao et al. disclose providing a gas baffle (92) with a plurality of openings (100 and 104) having a protrusion (at 98) formed on a central portion of the first surface for the purpose of achieving a desired change in length of the plurality of openings across the baffle plate (see, e.g., column 3, row 44 through column 5, row 67).
Thus, it would have been obvious to one of ordinary skill in the art before Applicant’s invention was effectively filed to have provided the baffle plate of Kasai et al. having a protrusion formed on a central portion of the first surface in order to achieve a desired change in length of the plurality of openings across the baffle plate as taught by Hao et al.
With respect to claim 5, in modified Kasia et al., Hao et al. disclose forming a through hole as one of the plurality of openings in the protrusion. See aforementioned figures.
With respect to claim 6, in modified Kasia et al., Hao et al. necessarily disclose a guide configured to guide a flow inside the through hole, wherein surfaces of the through hole will necessarily act as a guide.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. KR 20120133822 and U.S. Patent Pub. No. 2010/0310772 disclose gas baffles with inclined openings.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KARLA MOORE whose telephone number is (571)272-1440. The examiner can normally be reached Monday-Friday, 9am-6pm EST.
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/KARLA A MOORE/Primary Examiner, Art Unit 1716
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