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 .
Election/Restrictions
Applicant's election with traverse of claims 1-8 in the reply filed on May 5, 2026 is acknowledged. The traversal is on the grounds that “a search of all the apparatus features of group I will necessarily include the showerhead claimed in group II”. This is not found persuasive because as noted in the March 5, 2026 restriction requirement, the argued groups are classified distinctly and would thus require a broadened search if examined together.
The requirement is still deemed proper and is therefore made FINAL.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the below enumerated “not shown” features must be shown or the features canceled from the claims. No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 1 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kusumoto; Yoshiro et al. (US 4994301 A). Takasuka teaches a processing chamber (Figure 13,14) for epitaxial growth, comprising: a showerhead (plate holding 20; Figure 13,14-Applicant’s 204; Figure 2,3A) facing a substrate support assembly (28; Figure 13,14);a first gas inlet (22; Figure 13-not shown by Applicants) configured to flow an etchant gas to a first plenum (21; Figure 12-13-Applicant’s 202; Figure 2,3A) disposed above the showerhead (plate holding 20; Figure 13,14-Applicant’s 204; Figure 2,3A);a second gas inlet (4a,4b; Figure 13,14) configured to flow a deposition gas in a lateral direction to a second plenum (between 20 and 28; Figure 13-Applicant’s 236; Figure 2,3A) disposed between the showerhead (plate holding 20; Figure 13,14-Applicant’s 204; Figure 2,3A) and the substrate support assembly (28; Figure 13,14);and wherein the showerhead (plate holding 20; Figure 13,14-Applicant’s 204; Figure 2,3A) comprises a plurality of conduits (20; Figure 13,14-Applicant’s 308; Figure 2,3A) configured to flow the etchant gas from the first plenum (21; Figure 12-13-Applicant’s 202; Figure 2,3A) to the second plenum (between 20 and 28; Figure 13-Applicant’s 236; Figure 2,3A) in a direction toward the substrate support assembly (28; Figure 13,14), as claimed by claim 1. The above and below italicized claim text are considered intended use claim requirements in the pending apparatus claims. Further, it has been held that claim language that simply specifies an intended use or field of use for the invention generally will not limit the scope of a claim (Walter , 618 F.2d at 769, 205 USPQ at 409; MPEP 2106). Additionally, in apparatus claims, intended use must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim (In re Casey,152 USPQ 235 (CCPA 1967); In re Otto , 136 USPQ 458, 459 (CCPA 1963); MPEP2115).
Claim 1 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Takasuka; Eiryo et al. (US 20090148704 A1). Takasuka teaches a processing chamber (Figure 3) for epitaxial growth ([0068]), comprising: a showerhead (6; Figure 2,3-Applicant’s 204; Figure 2,3A) facing a substrate support assembly (2; Figure 3);a first gas inlet (not shown by Applicants) configured to flow an etchant gas to a first plenum (24; Figure 2,3-Applicant’s 202; Figure 2,3A) disposed above the showerhead (6; Figure 2,3-Applicant’s 204; Figure 2,3A);a second gas inlet configured to flow a deposition gas in a lateral direction to a second plenum (4; Figure 3-Applicant’s 236; Figure 2,3A) disposed between the showerhead (6; Figure 2,3-Applicant’s 204; Figure 2,3A) and the substrate support assembly (2; Figure 3);and wherein the showerhead (6; Figure 2,3-Applicant’s 204; Figure 2,3A) comprises a plurality of conduits (14; Figure 3-Applicant’s 308; Figure 2,3A) configured to flow the etchant gas from the first plenum (24; Figure 2,3-Applicant’s 202; Figure 2,3A) to the second plenum (4; Figure 3-Applicant’s 236; Figure 2,3A) in a direction toward the substrate support assembly (2; Figure 3), as claimed by claim 1. The above and below italicized claim text are considered intended use claim requirements in the pending apparatus claims. Further, it has been held that claim language that simply specifies an intended use or field of use for the invention generally will not limit the scope of a claim (Walter , 618 F.2d at 769, 205 USPQ at 409; MPEP 2106). Additionally, in apparatus claims, intended use must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim (In re Casey,152 USPQ 235 (CCPA 1967); In re Otto , 136 USPQ 458, 459 (CCPA 1963); MPEP2115).
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 2-4, 6-8 are rejected under 35 U.S.C. 103 as being unpatentable over Kusumoto; Yoshiro et al. (US 4994301 A) in view of Nishikawa, Kazuyasu et al. (US 20020088542 A1). Kusumoto is discusses above. Kusumoto further teaches:
The processing chamber (Figure 13,14) of claim 1, wherein the showerhead (plate holding 20; Figure 13,14-Applicant’s 204; Figure 2,3A) comprises a disk-shaped body (19; Figure 14) having a center, and the disk-shaped body (19; Figure 14) further comprises: a connecting section (area covering 20; Figure 14-Applicant’s 234; Figure 2) comprising a second circular sector (not shown by Applicants) and the plurality of conduits (20; Figure 13,14-Applicant’s 308; Figure 2,3A) – claim 2.
The processing chamber (Figure 13,14) of claim 2, wherein a pressure level of the first plenum (21; Figure 12-13-Applicant’s 202; Figure 2,3A) is higher than that of the second plenum (between 20 and 28; Figure 13-Applicant’s 236; Figure 2,3A), as claimed by claim 3. This is required for operation and flow into Kusumoto’s exhaust 31, Figure 13.
The processing chamber (Figure 13,14) of claim 2, further comprising: an exhaust outlet (31; Figure 13) configured to remove effluent gases from the processing chamber (Figure 13,14),wherein the connecting section (area covering 20; Figure 14-Applicant’s 234; Figure 2) of the showerhead (plate holding 20; Figure 13,14-Applicant’s 204; Figure 2,3A) is disposed adjacent to the exhaust outlet (31; Figure 13), as claimed by claim 4
The processing chamber (Figure 13,14) of claim 2, further comprising a pump-out section (area covering 20 above 31; Figure 13-14) comprising a third circular sector (not shown by Applicants) and abutting the connecting section (area covering 20; Figure 14-Applicant’s 234; Figure 2) - claim 6
Kusumoto does not teach:
a separation section (Applicant’s 316; Figure 2,3A) comprising a first circular sector (not shown by Applicants) that is solid, wherein Kusumoto’s connecting section (area covering 20; Figure 14-Applicant’s 234; Figure 2) is coplanar and non-overlapping with the separation section (Applicant’s 316; Figure 2,3A) – claim 2. Applicants claimed “a first circular sector that is solid” is interpreted as an area devoid of “the plurality of conduits”
Kusumoto’s pump-out section (area covering 20 above 31; Figure 13-14) comprising a third circular sector (not shown by Applicants) and abutting Kusumoto’s connecting section (area covering 20; Figure 14-Applicant’s 234; Figure 2) and the separation section (Applicant’s 316; Figure 2,3A), as claimed by claim 6
The processing chamber (Figure 13,14) of claim 2, wherein the plurality of conduits (20; Figure 13,14-Applicant’s 308; Figure 2,3A) include a first conduit disposed adjacent to the center and a second conduit disposed adjacent to an outer perimeter of the disk-shaped body (19; Figure 14), and the first conduit has a smaller cross-sectional area than the second conduit, as claimed by claim 7
The processing chamber (Figure 13,14) of claim 1, further comprising an RF electrode disposed around an outer perimeter of the showerhead (plate holding 20; Figure 13,14-Applicant’s 204; Figure 2,3A) and configured to energize the etchant gas, as claimed by claim 8
Nishikawa also teaches a wafer processing system with side injection (11; Figure 10) and a showerhead (4; Figure 10, 11, 13).
Nishikawa further teaches:
a separation section (less density hole section; Figure 11, 13-Applicant’s 316; Figure 2,3A) comprising a first circular sector (less density hole section; Figure 11, 13-not shown by Applicants) that is solid, wherein Nishikawa’s connecting section (more density hole section; Figure 11,13-Applicant’s 234; Figure 2) is coplanar and non-overlapping with the separation section (less density hole section; Figure 11, 13-Applicant’s 316; Figure 2,3A) – claim 2. Applicants claimed “a first circular sector that is solid” is interpreted as an area devoid of “the plurality of conduits”
Nishikawa’s pump-out section (area of 4 over 6; Figure 12-14) comprising a third circular sector (area of 4 over 6; Figure 12-14-not shown by Applicants) and abutting Nishikawa’s connecting section (more density hole section; Figure 11,13-Applicant’s 234; Figure 2) and the separation section (less density hole section; Figure 11, 13-Applicant’s 316; Figure 2,3A), as claimed by claim 6
The processing chamber (Figure 13,14) of claim 2, wherein Nishikawa’s plurality of conduits (5; Figure 13-Applicant’s 308; Figure 2,3A) include a first conduit (smaller 5; Figure 13) disposed adjacent to the center and a second conduit (larger 5; Figure 13) disposed adjacent to an outer perimeter of Nishikawa’s disk-shaped body (6; Figure 13), and the first conduit has a smaller cross-sectional area than the second conduit, as claimed by claim 7
The processing chamber (Figure 13,14) of claim 1, further comprising an RF electrode (15; Figure 12) configured to energize the etchant gas - claim 8
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention for Kusumoto to optimize Kusumoto’s size and distribution of conduits (20; Figure 13,14-Applicant’s 308; Figure 2,3A) as taught by Nishikawa, further, for Kusumoto to add Kusumoto’s RF electrode (15; Figure 12) at optimized position.
Motivation for Kusumoto to optimize Kusumoto’s size and distribution of conduits (20; Figure 13,14-Applicant’s 308; Figure 2,3A) as taught by Nishikawa is for “deviation or unevenness of pressure and gas flow within the reaction chamber 1 may be prevented. Accordingly, a uniform processing over the wafer 8 may be achieved.” as taught by Nishikawa ([0078]).
Motivation for Kusumoto to add Kusumoto’s RF electrode (15; Figure 12) at optimized position is for plasma processing as taught by Nishikawa (throughout).
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Kusumoto; Yoshiro et al. (US 4994301 A) and Nishikawa, Kazuyasu et al. (US 20020088542 A1) in view of Takasuka; Eiryo et al. (US 20090148704 A1). Kusumoto and Nishikawa are discussed above. Kusumoto and Nishikawa do not teach Kusumoto’s processing chamber (Figure 13,14) of claim 2, wherein Kusumoto’s showerhead (plate holding 20; Figure 13,14-Applicant’s 204; Figure 2,3A) comprises a separator (Applicant’s 306; Figure 3A) disposed along a radius of Kusumoto’s connecting section (area covering 20; Figure 14-Applicant’s 234; Figure 2), and the separator (Applicant’s 306; Figure 3A) extends from a bottom surface of Kusumoto’s disk-shaped body (19; Figure 14) toward Kusumoto’s substrate support assembly (28; Figure 13,14), as claimed by claim 5
Takasuka also teaches a side injection wafer processing apparatus (Figure 20) including a separator (80; Figure 20; [0105]-Applicant’s 306; Figure 3A) disposed along a radius of Takasuka’s connecting section (area covering 13; Figure 20-Applicant’s 234; Figure 2), and the separator (area upstream of 13; Figure 20 - Applicant’s 306; Figure 3A) extends from a bottom surface of Takasuka’s injector body (6; Figure 20) toward Takasuka’s substrate support assembly (2; Figure 20).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention for Kusumoto to add Takasuka’s separator (80; Figure 20; [0105]-Applicant’s 306; Figure 3A).
Motivation for Kusumoto to add Takasuka’s separator (80; Figure 20; [0105]-Applicant’s 306; Figure 3A) is for “the reaction gas can be directed more effectively toward substrate 8 side.” as taught by Takasuka ([0107]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Process gas injection from distinct chamber locations include US 5851589 A; US 4800105 A; US 7118781 B1; US 20060169671 A1; US 6592674 B2
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/Rudy Zervigon/ Primary Examiner, Art Unit 1716
Prosecution Insights