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 .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 14-20 of U.S. Patent No. 12,020,896. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the patent are narrower in scope requiring all the limitations of the application (see chart below).
Claims to instant application
Claims to patent
1. An ion source head, comprising: an extraction electrode; an extraction voltage conductor configured to supply an extraction voltage to the extraction electrode; and an insulator, disposed between the extraction voltage conductor and a portion of the ion source head that is at an electric potential of an arc voltage of the ion source head, configured to provide electrical isolation between the extraction voltage conductor and the portion of the ion source head, wherein the insulator comprises a first portion, a second portion, and an internal cavity formed when the first portion and the second portion are combined, wherein the first portion comprises a flange, and one or more openings positioned about a perimeter of the flange, wherein the one or more openings are configured to secure the insulator to the portion of the ion source head.
2. The ion source head of claim 1, wherein the internal cavity comprises a channel with a back and forth pattern.
3. The ion source head of claim 1, wherein the first portion further comprises a core member, and wherein the second portion comprises a recess.
4. The ion source head of claim 3, wherein the core member is at least partially inserted into the recess when the first portion and the second portion are combined.
5. The ion source head of claim 3, wherein the core member comprises an opening configured to secure the insulator to the extraction voltage conductor.
6. The ion source head of claim 1, wherein the first portion further comprises a first plurality of guidewalls, and wherein the second portion comprises a second plurality of guidewalls.
7. The ion source head of claim 1, wherein the one or more openings are one or more first openings, and wherein the first portion comprises: a plurality of guidewalls extending from a first surface of the flange, and a second opening at a center of a second surface of the flange.
8. An ion implantation system, comprising: an ion source head, comprising: an extraction electrode; an extraction voltage conductor configured to supply an extraction voltage to the extraction electrode; an insulator, disposed between the extraction voltage conductor and a portion of the ion source head that is at an electric potential of an arc voltage of the ion source head, configured to provide electrical isolation between the extraction voltage conductor and the portion of the ion source head, wherein the insulator comprises a first portion, a second portion, and an internal cavity formed when the first portion and the second portion are combined, wherein the first portion further comprises a flange, and one or more openings positioned about a perimeter of the flange, wherein the one or more openings are configured to secure the insulator to the portion of the ion source head; and a gas source configured to provide a supply gas to the ion source head.
9. The ion implantation system of claim 8, further comprising: a power supply configured to provide an extraction electrode voltage to the ion source head.
10. The ion implantation system of claim 8, further comprising: a power supply configured to provide the arc voltage to the ion source head.
11. The ion implantation system of claim 8, wherein the ion source head is configured to generate ions from the supply gas.
12. The ion implantation system of claim 11, further comprising: an analyzer configured to: receive an ion beam comprising the ions, and filter the ion beam, wherein ions having a particular property are passed through the analyzer.
13. The ion implantation system of claim 12, further comprising: a wafer configured to receive the ions having the particular property.
14. The ion implantation system of claim 13, further comprising: a wafer handler configured to hold the wafer.
15. An ion source head, comprising: an extraction electrode; an extraction voltage conductor configured to supply an extraction voltage to the extraction electrode; and an insulator, disposed between the extraction voltage conductor and a portion of the ion source head that is at an electric potential of an arc voltage of the ion source head, configured to provide electrical isolation between the extraction voltage conductor and the portion of the ion source head, wherein the insulator comprises a first portion, a second portion, and an internal cavity formed when the first portion and the second portion are combined, wherein the first portion comprises a flange, one or more first openings positioned about a perimeter of the flange, a plurality of guidewalls extending from a first surface of the flange, and a second opening at a center of a second surface of the flange, wherein the one or more first openings and the second opening are configured to secure the insulator to the portion of the ion source head.
16. The ion source head of claim 15, wherein the first portion comprises a core member comprising a third opening configured to secure the insulator to the extraction voltage conductor.
17. The ion source head of claim 16, wherein the second portion comprises a recess, and wherein the core member is at least partially inserted into the recess when the first portion and the second portion are combined.
18. The ion source head of claim 15, wherein the plurality of guidewalls is a first plurality of guidewalls; and wherein the second portion comprises a second plurality of guidewalls.
19. The ion source head of claim 18, wherein the first plurality of guidewalls and the second plurality of guidewalls form a channel in the internal cavity when the first portion and the second portion are combined.
20. The ion source head of claim 19, wherein the channel has a back and forth pattern from a core member of the first portion to an outermost guidewall of the first plurality of guidewalls and the second plurality of guidewalls.
14. An ion source head, comprising: an extraction electrode; an extraction voltage conductor to supply an extraction voltage to the extraction electrode; and an insulator, disposed between the extraction voltage conductor and a portion of the ion source head that is at an electric potential of an arc voltage of the ion source head, to provide electrical isolation between the extraction voltage conductor and the portion of the ion source head, wherein the insulator comprises a first portion, a second portion, and an internal cavity formed when the first portion and the second portion are combined, … wherein the first portion further comprises a flange, …, one or more first openings positioned about a perimeter of the flange, … wherein the one or more first openings are configured to secure the insulator to the portion of the ion source head
(claim 14) wherein the internal cavity comprises the third channel with a back and forth pattern
(claim 14) wherein a core member of the first portion is at least partially inserted into a recess of the second portion when the first portion and the second portion are combined
(claim 14) wherein a core member of the first portion is at least partially inserted into a recess of the second portion when the first portion and the second portion are combined
(claim 14) wherein the core member comprises a third opening at a second end of the first portion opposing the first end, wherein the third opening is configured to secure the insulator to the extraction voltage conductor at the second end
(claim 14) wherein the first portion further comprises a flange, a first plurality of guide walls… the second portion further comprises a stepped section… a second plurality of guide walls extending from the stepped section.
(claim 14) the first portion further comprises a flange, a first plurality of guide walls extending from a first surface of the flange… one or more first openings positioned about a perimeter of the flange, and a second opening at a center of a second surface of the flange and at a first end of the first portion.
18. An ion implantation system, comprising: … an extraction electrode voltage to an ion source head (requiring an extraction electrode and conductor). The remaining language is required by the claim with the exception of the disposition of the insulator between the extraction voltage conductor and a portion of the head that is at an electrical potential of an arc voltage of the ion source. However, this was known to Huang as discussed herein below. Wherein it would have been obvious to one of ordinary skill in the art to place the insulator between the ion source head and extraction voltage conductor so as to prevent a leakage path from the source head and the conductor and extend the source head life with no additional costs (see paragraph [0025]) of Huang.
(claim 18) a first power supply to provide an extraction electrode voltage to an ion source head
(claim 18) a second power supply to provide an arc voltage to the ion source head
(claim 18) a gas source to provide a supply gas to the ion source head, wherein generating ions from a gas supply is inherent to supplying gas to the ion source head
(claim 18) while ‘896 does not explicitly claim an analyzer. These limitations were known to at least Huang (see discussion below). It would have been obvious to one of ordinary skill in the art to include a mass analyzer in the ion implanter of ‘896 because it would allow selection of the ion mass to be implanted therefore removing impurities from the wafer processing.
(claim 18) ion implantation system inherently requires a wafer, that is ion implantation is used to process semiconductor wafers
(claim 18) an ion implantation system inherently requires a wafer holder to support the wafer.
(See discussion in claim 14 above) Additionally as discussed in instant application claim 7 above, claim 14 additionally requires the second opening at a center of a second surface of the flange.
(claim 14) a core member of the first portion…the core member comprises a third opening at a second end of the first portion opposing the first end, wherein the third opening is configured to secure the insulator to the extraction voltage conductor at the second end
(claim 14) wherein a core member of the first portion is at least partially inserted into a recess of the second portion when the first portion and the second portion are combined
(claim 14) wherein the first portion further comprises a flange, a first plurality of guide walls… the second portion further comprises a stepped section… a second plurality of guide walls extending from the stepped section.
(claim 14) an internal cavity formed when the first portion and the second portion are combined…the first plurality of guide walls, the first plurality of channels, the second plurality of guide walls, and the second plurality of channels form a third channel to the core member…wherein the internal cavity comprises the third channel with a back and forth pattern from the core member to an outermost guide wall of the first plurality of guide walls and the second plurality of guide walls
(claim 14) see citation in claim 19 above
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 1-20 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.
Claim 1 is vague and indefinite for requiring “An ion source head comprising…an extraction voltage conductor…an insulator, disposed between the extraction voltage conductor and a portion of the ion source head”. Specifically, since the ion source head comprises both the claimed extraction voltage conductor and insulator, it is unclear how the insulator can be between the conductor and a portion of the ion source head. In other words, the insulator can only be between the ion source head and conductor only if the conductor and insulator are separate from the ion source head or any portion thereof. It appears that the ion source head comprises one or more components ([0024] of the originally filed specification), an extraction voltage conductor and an insulator, where the insulator is between the extraction voltage conductor and the one or more components of the ion source head. For the purposes of examination, this will be the interpretation of “a portion of the ion source head”.
Claims 8 and 15 require identical indefinite limitations, therefore are vague and indefinite for the same reasons as claim 1 above.
Claims 2-7, 9-14 and 16-19 are vague and indefinite by virtue of their respective dependencies on rejected claims 1, 8 and 15.
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.
Claims 1 are rejected under 35 U.S.C. 103 as being unpatentable over Huang et al. (US pgPub 2007/0262270) (submitted with IDS) in view of Sato (US pgPub 2014/0353518).
Regarding claim 1, Huang et al. teach an ion source head (fig. 6, 132), comprising:
an extraction electrode (136 disclosed to extract plasma generated by arc chamber 142 ([0025]), thus extraction electrode);
an extraction voltage conductor (electrode bar 138) configured to supply an extraction voltage to the extraction electrode ([0025] “high voltage 134 is supplied to G2 graphite electrode 136 by means of electrode bar 138”);
and an insulator (100), disposed between the extraction voltage conductor and a portion of the ion source head that is at an electric potential of an arc voltage of the ion source head, configured to provide electrical isolation between the extraction voltage conductor and the portion of the ion source head ([0025] note: “Insulator 100 is disposed between high potential electrode bar 138 and any location in the source head held at the G1 potential, providing insulation therebetween”).
wherein the insulator comprises a first portion (outer cylinder 108, see figures 3-4), a second portion (inner cylinder 106), and an internal cavity formed when the first portion and the second portion are combined ([0021] teaches the inner and outer cylinder are radially joined by a flange such that a cavity is formed within the gap 110 at the open end 113),
While Huang teaches [0021] flange extends from 108 to 106 thus comprised by both, Huang fails to suggest any openings about the parameter, nor how the insulator is attached between the extraction electrode conductor and the portion of the source head. Therefore, Huang fails to disclose wherein the first portion comprises a flange, and one or more openings positioned about a perimeter of the flange, wherein the one or more openings are configured to secure the insulator to the portion of the ion source head.
However, Sato teaches wherein the first portion comprises a flange (bracket 46 comprised by first portion of insulator 54/72/46 in figure 3. When bracket 46 is attached to 72/54 it forms a flange extending from 72/54), and one or more openings positioned about a perimeter of the flange (opening received by 50), wherein the one or more openings are configured to secure the insulator to the portion of the ion source head ([0038]-[0039] 46 is provided to secure electrode carrier 44 to bracket 46, where bracket 46 is attached to insulator 54. That is flange (i.e. bracket 46) has an opening to accept fastener 50 to secure the insulator 32/70/72 to a portion of the source head (i.e. ground electrode 42) which is part of the ion source unit 102 in figure 1).
Sato modifies Huang by suggesting a first portion of the insulator to include a bracket so as to provide a means to secure the insulator between the electrodes.
Since both inventions are directed towards providing insulation between an extraction electrode and another portion of the ion source, it would have been obvious to one of ordinary skill in the art to provide the outer cylinder 108 with a bracket as suggested by Sato because it would facilitate the attachment of the insulator in a replaceable manner. That is, while the device of Huang is resistant to being coated to mitigate the necessity to replace the ion source components (abstract and [0006]). Sato is evidence that overtime contamination particles can be deposited on surfaces of the components of the apparatus, therefore leading to a conductive path where insulation is insufficient ([0067]). Even with the lengthened path for contaminated particles via the covers 70/80 suggested by Sato, the limit value is reached in about 100 hours (Sato, [0078]). That is, in either case replacement or maintenance of the insulator is required. Therefore by adopting the first portion having a bracket (i.e. flange) of Sato attached to the first portion of Huang would facilitate a means to easily attach and detach the insulator when necessary for maintenance, therefore shortening the downtime during maintenance of the ion source.
Regarding claim 2, Huang fails to disclose wherein the cavity comprises a channel with a back and forth pattern.
However, Sato teaches wherein the cavity comprises a channel with a back and forth pattern (back and forth pattern between 84 and 71 seen in figure 3 formed by first and second covers 70/72 which may be formed of ceramic [0049]).
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Sato modifies Huang by suggesting an elongated back and forth pattern over the simple channel.
Since both inventions are directed towards insulators for ion sources, it would have been obvious to one of ordinary skill in the art to use the first and second portion (70/80) and core 32 instead of the insulator of Huang because it would increase the surface area of adsorption surfaces for contamination particles thus increasing the lifetime of the insulator ([0047]).
Regarding claim 3, Huang in view of Sato teach wherein the first portion (Sato 80) further comprises a core member (32 when attached by 53), and wherein the second (Sato, 70) portion comprises a recess (recess to receive insulator 32 via sidewall 76 and contact portion 74).
Regarding claim 4, Huang in view of Sato teach the core member is at least partially inserted into the recess when the first portion and the second portion are combined (Sato, 32 is partially inserted into recess formed by 70 when the first portion 72 and second portion 70are combined as seen in figure 3).
Regarding claim 5, Huang in view of Sato teach wherein the core member comprises an opening configured to secure the insulator to the extraction voltage conductor (Sato, opening in 32 to receive fastener 51 to extraction conductor 38 (i.e. extraction electrode carrier)).
Regarding claim 6, Huang in view of Sato teach wherein the first portion (80/54) further comprises a first plurality of guide walls (Sato, 80/82 and recess 66), and wherein the second portion (Sato, 76/52) comprises a second plurality of guide walls (76 and recess 64).
Regarding claim 7, Huang in view of Sato teach wherein the one or more openings are one or more first openings (Sato, opening for 50), and wherein the first portion comprises: a plurality of guide walls extending from a first surface of the flange (see annotated figure below, note first surface interpreted to be continuous inner surface of bracket 46),
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and a second opening at a center of a second surface of the flange (interpreted second surface arbitrarily to place 53 at center. That is, the claim does not require any boundaries of a second surface, therefore the second surface is interpreted to be the portion of the bottom of bracket 46 with opening for 53).
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Regarding claim 8, Huang in view of Sato teach all the overlapping limitations required by independent claim 1 as discussed above. Moreover, Huang further teaches an ion implantation system ([0017] teaches insulator in an ion implantation system), comprising an ion source head (132) and a gas source configured to provide a supply gas to the ion source head ([0025] note gas supply piping 146 gas flow within source head 132).
Regarding claim 9, Huang teaches a power supply configured to provide an extraction electrode voltage to the ion source head (inherent to provide potential to extraction electrode).
Regarding claim 10, Huang teaches further comprising: a power supply configured to provide the arc voltage to the ion source head ([0025] “Insulator 100 is disposed between high potential electrode bar 138 and any location in the source head held at the G1 potential”, in order to hole source head at potential G1 a power supply is inherently required).
Regarding claim 11, Huang teaches wherein the ion source head is configured to generate ions from the supply gas ([0025] teaches arc chamber 142 generates plasma later focused into an ion beam, gas is supplied to source head. Plasma is an ionized gas, therefore the plasma is generated from the supply gas).
Regarding claim 12, Huang teaches an analyzer configured to: receive an ion beam comprising the ions, and filter the ion beam, wherein ions having a particular property are passed through the analyzer ([0002]-[0003] teaches an analyzer as in US 6777882 incorporated by reference, which teaches an ion mass selector 13 comprising a magnetic sector mass analyzer 33 with a mass selecting slit, thus receiving ions and only passing ions of selected mass, see col. 4, lines 28-31.).
Regarding claim 13, Huang teaches a wafer configured to receive the ions having the particular property (inherent to an ion implanter having the mass analyzer as disclosed in paragraph [0002]).
Regarding claim 14, Huang teaches a wafer handler configured to hold the wafer ([0002], wherein a wafer inherently has a support or holder. Paragraph [0003] incorporates by reference 6777882 which teaches a wafer holder 14a in figure 1).
Claim 15 is a combination of claims 1 and 7 and obvious as discussed herein above. Note additionally, the second opening of Sato secures the insulator via fastener 53.
Regarding claim 16, Huang in view of Sato teach wherein the first portion comprises a core member (first portion 72 of Sato having core member 32 when fixed via 53) comprising a third opening configured to secure the insulator to the extraction voltage conductor (third opening in 52 fixing to extractor 36 via opening to accept 51).
Regarding claim 17, Huang in view of Sato teach wherein the second portion comprises a recess (Sato, recess formed by 76/74 of 70), and wherein the core member is at least partially inserted into the recess when the first portion and the second portion are combined (as seen in figure 3).
Regarding claim 18, Huang in view of Sato teach wherein the plurality of guide walls is a first plurality of guide walls; and wherein the second portion comprises a second plurality of guide walls (see discussion in claim 6 above).
Regarding claim 19, Huang in view of Sato wherein the first plurality of guide walls and the second plurality of guide walls form a channel in the internal cavity when the first portion and the second portion are combined (see annotated figure in claim 2 above).
Regarding claim 20, Huang in view of Sato wherein the channel has a back and forth pattern from a core member of the first portion to an outermost guide wall of the first plurality of guide walls and the second plurality of guidewalls (see annotated figure in claim 2 above).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL J LOGIE whose telephone number is (571)270-1616. The examiner can normally be reached M-F: 7:00AM-3:00PM.
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/MICHAEL J LOGIE/ Primary Examiner, Art Unit 2881
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