CTNF 18/634,430 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. Election/Restrictions 08-25-01 AIA Applicant’s election without traverse of Group II (apparatus) in the reply filed on 05/28/2026 is acknowledged. In the response on 05/28/2026, applicant canceled claims 1-15, therefore no claims are withdrawn from consideration because no pending claims are drawn to the unelected invention. Claims 16-20 are under examination on the merits. Claim Objections 07-29-01 AIA Claim 16 is objected to because of the following informalities: in line 6 of claim 16, “configure” should be “configured” . Appropriate correction is required. 07-30-03-h AIA Claim Interpretation Regarding the limitation of claim 1, line 2 of “configured to perform a plasma ashing process”, this limitation is interpreted as being directed to the intended use of the apparatus. It has been held that claims directed to apparatus must be distinguished from the prior art in terms of structure rather than function. In re Danly, 263 F.2d 844, 847, 120 USPQ 528, 531 (CCPA 1959). Also, 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. Ex parte Masham, 2 USPQ2d 1647 (Bd. Pat. App. & Inter. 1987). Where the prior art recites performing an ashing process, this will be cited for the record, but “configured to perform a plasma ashing process” is not interpreted as reciting a specific structural configuration beyond the structure already recited as part of the apparatus because any process chamber (i.e. container) may be used to perform a plasma ashing process. Regarding “configured to operate at a selected temperature, pressure, and power” in line 4 of claim 1, the specific values are not recited and therefore may be any value including any value used in the prior art. Regarding “configured to generate a plasma that comprises oxygen” in line 5, the “comprises oxygen” is being interpreted as being directed to the intended contents during operation. Expressions relating the apparatus to contents thereof during an intended operation are of no significance in determining patentability of the apparatus claim. Ex parte Thibault, 164 USPQ 666, 667 (Bd. App. 1969). Regarding “configure[d] to diffuse the plasma from the plasma source over the clamp at the selected temperature, selected pressure, and selected power”, the instant specification indicates the baffle plate may be an ion screen, plate, mechanical device, and may include one or more holes. The specification provides no indication that a specific hole size or arrangement is chosen, set, designed, or otherwise linked to a specific temperature, pressure, and power. Therefore, the broadest reasonable interpretation of the limitation within the context of the specification as a whole is that the baffle plate includes openings to allow for the diffusion of the plasma and that the openings will work at the operational pressure, temperature, and power of the apparatus and over a broad range of pressures, temperatures, and powers, unless the prior art indicates otherwise. It is noted that a teaching of the baffle plate to be used in the same apparatus as the clamp is an indication that the baffle plate may diffuse plasma as the selected temperature, pressure, and power because the baffle plate is to be used with the clamp during apparatus operation. 07-30-03 AIA The following is a quotation of 35 U.S.C. 112(f): (f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof. The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph: An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof. 07-30-05 The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked. As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph: (A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non- structural term having no specific structural meaning) for performing the claimed function; (B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and (C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function. Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function. Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function. Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. 07-30-06 This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “ temperature component ” in claim 17 for which no corresponding structure was identified. Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof. If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. Claim Rejections - 35 USC § 112(a) 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 17 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. As indicated in the claim interpretation section, “temperature component” has been interpreted as invoking an interpretation under 35 U.S.C. 112(f). No corresponding structure was identified because the specification merely recites “temperature component” (see [0044], [0077]) but fails to recite a structure and the drawing merely shows structure 240 which is not a recognized specific structure or shape to indicate what is the corresponding structure. Therefore, no corresponding structure has been disclosed. Because no corresponding structure was disclosed, the instant claim lacks adequate written description (see MPEP 2181 IV). Claim Rejections - 35 USC § 112(b) 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 17 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. Claim limitation “temperature component” invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. No corresponding structure was identified because the specification merely recites “temperature component” (see [0044], [0077]) but fails to recite a structure and the drawing merely shows structure 240 which is not a recognized specific structure or shape to indicate what is the corresponding structure. Therefore, no corresponding structure has been disclosed. Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph. For purpose of examination on the merits, any structure which may adjust the temperature of the clamp from a first temperature to a second temperature is interpreted as meeting the required “temperature component”. This is inclusive of heating or cooling elements, a temperature sensor/probe, and/or a dedicated temperature controller. This is not an indication that corresponding structure is known in the art, the cited structures are merely examples of structures which may be used to perform the recited function. 07-34-23 Applicant may: (a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph; (b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or (c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35 U.S.C. 132(a)). If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either: (a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or (b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181. 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) 16-18 is/are rejected under 35 U.S.C. 102 (a)(1)/(a)(2) as being anticipated by US Patent Application Publication 2016/0225652 of Tran et al., hereinafter Tran . Regarding claim 16, Tran teaches an apparatus (Fig 3), comprising: a process chamber (305 Fig 3) configured to perform a plasma ashing process ([0032] configured to perform plasma processing and [0036] teaches oxygen as an included process gas), wherein the process chamber comprises; a clamp (chuck 170 Fig 3 [0016]) configured to operate at a selected temperature, pressure, and power [0016]; a plasma source (310 Fig 3) configured to generate a plasma [0032] that comprises oxygen [0036]; and a baffle plate (320 Fig 3 or 350 Fig 3) configure to diffuse the plasma from the plasma source over the clamp [0032] at the selected temperature, selected pressure, and selected power [0032] (note intended to be used with the clamp 170 during processing). Regarding claim 17, Tran teaches a temperature component (thermocouple or resistance temperature detector [0024-0025], heat exchange fluids [0025]) coupled with the clamp [0024-0027] and configured to adjust a temperature of the clamp from a first temperature to the selected temperature [0025-0027] (note temperature uniformity is inclusive of adjusting so that the temperature moves from a first (lower or higher) temperature to a selected temperature for various segments of the chuck). Regarding claim 18, Tran teaches the process chamber is configured to operate at a temperature less than 150 degrees Celsius [0027] . 07-15-aia AIA Claim(s) 16-20 is/are rejected under 35 U.S.C. 102 (a)(1)/(a)(2) as being anticipated by US Patent Application Publication 2007/0051471 of Kawaguchi et al., hereinafter Kawaguchi . Regarding claim 16, Kawaguchi teaches an apparatus (Fig 1), comprising: a process chamber (190 Fig 1) configured to perform a plasma ashing process ([0028] note stripping is a type of ashing), wherein the process chamber comprises; a clamp (pedestal 203 with chuck Fig 1 [0033-0035]) configured to operate at a selected temperature, pressure, and power [0033-0035]; a plasma source (100 Fig 1) configured to generate a plasma [0026] that comprises oxygen [0059]; and a baffle plate (180 Fig 1 [0030-0031]) configure to diffuse the plasma from the plasma source over the clamp [0030-0031] at the selected temperature, selected pressure, and selected power [0030-0031] (note intended to be used with the clamp in pedestal 203 during processing). Regarding claim 17, Kawaguchi teaches a temperature component (thermocouple or temperature measurement device [0035], heat exchange fluids [0033]) coupled with the clamp [0033-0035] and configured to adjust a temperature of the clamp from a first temperature to the selected temperature [0035] (taught as feedback temperature control). Regarding claim 18, Kawaguchi teaches the process chamber is configured to operate at a temperature less than 150 degrees Celsius [0032]. Regarding claim 19, Kawaguchi teaches the process chamber is configured to operate at a pressure less than 1000 millitorr ([0059] noted 0.4 to 1 Torr is 400 to 1000 millitorr). Regarding claim 20, Kawaguchi teaches the plasma source is configured to operate at a power less than 3000 watts ([0059] noted 600 to 6000 W overlaps and 3000 W and 600 W are specifically referred to) . Conclusion 07-96 AIA The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 2018/0305814 teaches remote plasma over a temperature controlled chuck (Fig 1). US 2012/0052690 teaches a plasma apparatus with heating or cooling of the chuck, a temperature probe (376) and a temperature controller (375) (Fig 1). US 2017/0194430 teaches remote plasma over a temperature controlled chuck (Fig 2). US 2012/0091097 teaches a chamber temperature of under 150 degrees Celsius [0168], processing pressures of 12-18 millitorr [0164], and processing power of 110 watts [0164]. US 2016/0049323 teaches the chucks may range from -20 to 850 degrees Celsius [0044] . 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. 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. /MARGARET KLUNK/Examiner, Art Unit 1716 /KEATH T CHEN/Primary Examiner, Art Unit 1716 Application/Control Number: 18/634,430 Page 2 Art Unit: 1716 Application/Control Number: 18/634,430 Page 3 Art Unit: 1716 Application/Control Number: 18/634,430 Page 4 Art Unit: 1716 Application/Control Number: 18/634,430 Page 5 Art Unit: 1716 Application/Control Number: 18/634,430 Page 6 Art Unit: 1716 Application/Control Number: 18/634,430 Page 7 Art Unit: 1716 Application/Control Number: 18/634,430 Page 8 Art Unit: 1716 Application/Control Number: 18/634,430 Page 9 Art Unit: 1716 Application/Control Number: 18/634,430 Page 10 Art Unit: 1716 Application/Control Number: 18/634,430 Page 11 Art Unit: 1716 Application/Control Number: 18/634,430 Page 12 Art Unit: 1716 Application/Control Number: 18/634,430 Page 13 Art Unit: 1716 Application/Control Number: 18/634,430 Page 14 Art Unit: 1716
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