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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 09/08/2025 was filed after the mailing date of the non-final rejection on 05/22/2025. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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,
“a ring-shaped shim” (claim 13. However, para.0053 of instant publication application states one or more shims (not shown))
must be shown or the feature(s) canceled from the claim(s). 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.
Claims 1 and 12 are rejected under 35 U.S.C. 102 a1 as being anticipated by Itakura (JP 2009094138).
Regarding claim 1, Itakura discloses “a thermal shield” (4d and 4c pointed at a thermal shield) integrated with “a heater assembly” (18 and 7 pointed at a heater assembly) comprising:
“a shield shaft” (4d) having “a top end and a bottom end” (fig.1 shows 4d has a top end and a bottom end), “an inside surface” (4d has an inside surface or interior surface) surrounding “an open interior region” (the cavity or interior region formed by 4d) and “an outside surface” (4d has an outside surface or exterior surface), “the open interior region” (the cavity or interior region formed by 4d) configured to surround “a heater standoff” (18), “the shield shaft” (4d) comprising “a top flange” (annotated fig.1) extending outwardly from “the outside surface” (annotated fig.1);
“a shield plate” (4c) having “a top surface, a bottom surface and an outer peripheral edge” (4c has a top surface, a bottom surface and outer peripheral edge), “the shield plate” (4c) having “an opening” (4c has a central opening) extending from “the top surface to the bottom surface in an inner portion” (4c has an opening extending from the top surface to the bottom surface in an inner portion), “the heater standoff” (18) extending through “the opening in the shield plate” (the opening of the shield plate 4c), “the bottom surface of the heater standoff” (the bottom surface of heater standoff 18) spaced a distance from “the top surface of the shield plate” (the top surface of the shield plate 4c), “the top surface of the shield plate having a groove with an inner face and an outer face” (the top surface of the shield plate 4c having a groove with an inner face and an outer face) extending around “a peripheral portion of the shield plate” (a peripheral portion of the shield plate 4c), “the outer face” (annotated fig.1, the outer face of a groove) spaced a distance from “the outer peripheral edge of the shield plate” (the outer peripheral edge of the shield plate 4c), “the shield shaft” (4d) connected to “the shield plate” (4c) with “fasteners” (annotated fig.1) extending through “the top flange” (annotated fig.1); “a first fluid seal” (9 pointed at a first fluid seal) disposed within “the groove of the shield plate” (the groove of the shield plate 4c) “to maintain low pressure conditions within a processing station” (functional language. The seal is capable of maintain pressure conditions within a processing station. Examiner noted that the processing station is not part of the thermal shield); and “a second fluid seal” (annotated fig.1) disposed between “the bottom surface of the shield shaft” (the bottom surface of the shield shaft 4d) and “a top surface of a support arm” (a top surface of a support arm 8).
Regarding claim 12, Itakura discloses “a top plate” (4a) having “a top surface and a bottom surface defining a thickness of the top plate” (4a has a top surface and a bottom surface defining a thickness of the top plate), “the top plate having an opening through the thickness” (4a having an opening) “to allow the heater standoff to pass through the opening” (functional language. The heater standoff is capable of passing through the bottom opening of the top plate 4a), “the bottom surface of the top plate” (4a) in contact with “a fluid seal in the groove in the top surface of the shield plate” (a fluid seal 9 in the groove in the top surface of the shield plate 4c).
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 3-4 are rejected under 35 U.S.C. 103 as being unpatentable over Itakura (JP 2009094138) in view of Asakura (JP 2013042144).
Regarding claim 3, Itakura discloses all the features of claim limitations as set forth above except for a standoff mounting base connected to the bottom end of the heater standoff.
Asakura teaches “a standoff mounting base” (94) connected to “the bottom end of the heater standoff” (92 and 90). It would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify Itakura with Asakura, by adding Asakura’s standoff mounting base to connected to Itakura’s bottom end of the heater standoff, to provide insulation and prevent from electric leakage.
Regarding claim 4, modified Itakura discloses “the standoff mounting base” (Asakura, 94) is connected to “the bottom end of the shield shaft” (Asakura, 90 and 92).
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Allowable Subject Matter
As allowable subject matter has been indicated, applicant's reply must either comply with all formal requirements or specifically traverse each requirement not complied with. See 37 CFR 1.111(b) and MPEP § 707.07(a).
Claims 5-11 and 13-17 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Response to Arguments
Applicant's arguments filed on 08/22/2025 have been fully considered but they are not persuasive.
The amendment to claim overcome prior rejections. However, the IDS filed on 09/08/2025 shows a new reference that can be used in current rejection.
Conclusion
Applicant's submission of an information disclosure statement under 37 CFR 1.97(c) with the timing fee set forth in 37 CFR 1.17(p) on 08/22/2025 prompted the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 609.04(b). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JIMMY CHOU whose telephone number is (571)270-7107. The examiner can normally be reached Mon-Friday.
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, Helena Kosanovic can be reached at (571) 272-9059. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JIMMY CHOU/Primary Examiner, Art Unit 3761