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 .
DETAILED ACTION
Claim Objections
Claim(s) is/are objected to because of the following informalities:
(1) The “inside material of the reaction chamber” of Claim 20 should be “inside a material of the reaction chamber”.
(2) The “the conductive heater is arranged to the part movably arranged, or the conductive heater is arranged to the part stationary arranged, or the conductive heater is arranged both to the part movably arranged and to the part stationary arranged” of Claim 31 would have a clear form if amended to be:
“the conductive heater is arranged to one of the support part and the cover part, the one is movably arranged, or
the conductive heater is arranged to one of the support part and the cover part, the one is stationary arranged, or
the conductive heater is arranged to both the support part and the cover part, one is movably arranged and the other is stationary arranged.
Appropriate correction is required.
Claim interpretation
(1) In regards to the “inside…” across the claim list,
Either “embedded” OR “adjacent to an inner surface” clearly reads into the “inside…”.
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 21-22, 24-25, 27-28, 29 and 32 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 pre-AIA the applicant regards as the invention.
(1) Claim 21 is not clear.
Claim 21 is dependent from Claim 20. The claim 20 has A or B or C or D format.
In the claim 20, when either “the conductive heater is arranged inside a structure of the reaction chamber” or “the conductive heater is embedded inside material of the reaction chamber”;
There is insufficient antecedent basis for the term “thermal element” in the claim, because the selected one does not have the term.
An appropriate correction is respectfully requested.
(2) Claims 22 and 25 raises the same issues as the item (1) above.
(3) Claims 24-25 recite the “and that…”. The “that” is not clear, because it is not clear why the “that” phrase is needed.
An appropriate correction is respectfully requested.
(4) Claims 27-28 recites “the thermal element”. There is insufficient antecedent basis for this limitation in the claim.
The limitation will be examined inclusive of “a thermal element”.
(5) Claim 29 recites “the reaction space”. There is insufficient antecedent basis for this limitation in the claim.
The limitation will be examined inclusive of “a reaction space”.
(6) Claim 32 is not clear. Claim 32 recite “The arrangement for processing multiple substrates concurrently in a batch process, the arrangement comprises an atomic layer deposition apparatus having a vacuum chamber, and a reaction chamber arranged inside the vacuum chamber, and a substrate rack arranged inside the reaction chamber for supporting substrates during an atomic layer deposition process, wherein the reaction chamber comprises a conductive heater arranged to provide thermal energy to substrates provided at the substrate rack inside the reaction chamber, wherein the arrangement comprises an atomic layer deposition apparatus according to claim 17”.
First, there is insufficient antecedent basis for the first “The arrangement”.
Second, Claim 17 recites “An atomic layer deposition apparatus arranged to process multiple substrates concurrently in a batch process, the atomic layer deposition apparatus having a vacuum chamber, and a reaction chamber arranged inside the vacuum chamber, wherein the reaction chamber comprises: a support part for supporting a substrate rack provided inside the reaction chamber, and a cover part for forming a housing surrounding the substrate rack provided at the support part, the atomic layer deposition apparatus further comprises: a conductive heater arranged to the reaction chamber; the conductive heater is arranged to provide thermal energy to substrates provided in the substrate rack inside the reaction chamber”.
Thus, all the limitation of the claim 32 is the same as some limitation of the claim 17. It is not clear what difference is required between the feature of claim 32 and the feature of claim 17.
The metes and bounds of the claim 32 cannot be clearly determined.
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claims 21-22 and 25 are rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends.
(1) Continued from 112 2nd paragraph above,
Claim 21 is dependent from Claim 20. Claim 20 has A or B or C or D format.
In the claim 20, when either “the conductive heater is arranged inside a structure of the reaction chamber” or “the conductive heater is embedded inside material of the reaction chamber”, the claim 21 fails to further limit the claim 20, because the selected one does not have the term “thermal element”.
(2) Claims 22 and 25 raise the same issues as the item (1) above.
Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
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 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.
Claims 17-21, 23-24, 26 and 28-32 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sasagawa et al. (US 20130129922, hereafter ‘922).
Regarding to Claim 17, ‘922 teaches:
apparatus for processing multiple substrates in a batch cluster tool (abstract), and In some implementations the batch process chamber 116 shown in FIG. 16 can be configured to deposit the ALD layer ([0100], the claimed “An atomic layer deposition apparatus arranged to process multiple substrates concurrently in a batch process”);
The process chamber exhaust 145 can be connected to a vacuum pump and used to remove any contaminants and decrease the pressure in the process chamber internal volume 132 ([0094], the claimed “the atomic layer deposition apparatus having a vacuum chamber”);
The platform 128 is configured to engage with a reactor shell 130 to form a reaction space volume 134 within the process chamber 116 ([0079]), and a platform 128 configured to hold a boat 118 with multiple substrates 120 ([0079], the claimed “and a reaction chamber arranged inside the vacuum chamber, wherein the reaction chamber comprises: a support part for supporting a substrate rack provided inside the reaction chamber, and a cover part for forming a housing surrounding the substrate rack provided at the support part”);
The reactor shell 130 can also have heaters 142 that can be used to heat the substrates 120 within the reaction space volume 134 ([0093], note it is well-known that the heater is electrically connected to a power supply, thus the heater is conductive, the claimed “the atomic layer deposition apparatus further comprises: a conductive heater arranged to the reaction chamber; the conductive heater is arranged to provide thermal energy to substrates provided in the substrate rack inside the reaction chamber”).
Regarding to Claim 18,
Fig. 15A of ‘922 shows the platform 128 has the same feature as the heater 142, thus they are considered to be heater. Further, a heater for the substrate support is commonly well-known feature, for instance, see Figs. 11-12 and [0047-0049] of US 20150159272, hereafter ‘272, disclosing the heater 320a,b or heater 350 (the claimed “wherein the conductive heater is arranged to the support part”).
Regarding to Claim 19,
‘922 teaches the reactor shell 130 can also have heaters 142 ([0093], the claimed “wherein the conductive heater is arranged to the cover part”).
Regarding to Claims 20-21,
‘922 clearly teaches the platform 128 is configured to engage with a reactor shell 130 to form a reaction space volume 134 within the process chamber 116 ([0079]), and platform 128 configured to hold a boat 118 with multiple substrates 120 ([0079], note Fig. 15A shows the heater of the platform 128 is embedded, and either “embedded” or “adjacent to an inner surface” clearly reads into the “inside a structure of the reaction chamber”. Further note the heater intrinsically has an heating element, which is a thermal element, see Figs. 10-11 of ‘272, the claimed “wherein: the conductive heater is arranged inside a structure of the reaction chamber, or the conductive heater is embedded inside material of the reaction chamber, or the conductive heater comprises a thermal element arranged inside a structure of the reaction chamber, or the conductive heater comprises a thermal element embedded inside material of the reaction chamber” of Claim 20, and “wherein the support part is arranged to form a base of the reaction chamber on which the substrate rack is provided, and the thermal element is arranged inside the base of the reaction chamber” of Claim 21).
Regarding to Claims 23-24,
‘922 clearly teaches the platform 128 is configured to engage with a reactor shell 130 to form a reaction space volume 134 within the process chamber 116 ([0079]), and platform 128 configured to hold a boat 118 with multiple substrates 120 ([0079], note Fig. 15A shows the heater of the platform 128 is embedded therein. Because “To embed” means “to firmly fix, enclose, or implant something into a surrounding mass”, thus the “embedding” intrinsically requires a cavity or space within the platform for enclosing the heating element of the heater therein, the claimed “wherein: the reaction chamber comprises a heater cavity, and the conductive heater is arranged inside the heater cavity of the reaction chamber, or the reaction chamber comprises a heater cavity arranged inside a structure of the reaction chamber, and the conductive heater is arranged inside the heater cavity of the reaction chamber, or the reaction chamber comprises a heater cavity, the conductive heater comprises a thermal element, and the thermal element is arranged inside the heater cavity of the reaction chamber, the reaction chamber comprises a heater cavity arranged inside a structure of the reaction chamber, the conductive heater comprises a thermal element, and the thermal element is arranged inside the heater cavity of the reaction chamber” of Claim 23, and “wherein the support part is arranged to form a base of the reaction chamber on which the substrate rack is provided, and that: the heater cavity is provided to the base part of the reaction chamber, or the heater cavity is provided inside the base part of the reaction chamber” of Claim 24).
Regarding to Claim 26, ‘922 teaches:
reactor shell 130 to form a reaction space volume 134 within the process chamber 116 ([0079], the claimed “wherein the support part and the cover part together form the reaction chamber”);
The platform 128 can move down to lower position(s) ([0093]), FIG. 15B is a schematic cross section of the process chamber 116 with the reaction shell 130 sealed from the internal volume 132 of the process chamber 116 ([0094]), and FIG. 15C is a schematic cross section of the process chamber 116 with the platform 128 in a lowered position such that it is not engaged with the reactor shell 130 ([0095], the claimed “such that the cover part and the support part are movably arranged relative to each other between an open position of the reaction chamber and a closed position of the reaction chamber”).
Regarding to Claim 28, ‘922 teaches:
The platform 128 can move down to lower position(s) ([0093], the claimed “wherein the support part is movably arranged relative to the cover part”);
the reactor shell 130 can also have heaters 142 ([0093], note Fig. 15A shows the heater of the platform 128 is embedded, the claimed “and the conductive heater or the thermal element is provided to the support part, or the conductive heater or the thermal element is provided to the cover part, or the conductive heater or the thermal element is provided both to the support part and the cover part”),
Regarding to Claim 29,
‘922 teaches The process chambers and reaction spaces can be constructed of different materials based on the reactor configurations and process gases that are used ([0116], see the various materials of [0116] including ceramic and metal for thermally conductive reaction space, the claimed “wherein the reaction chamber comprises a thermally conductive material so that the thermal energy from the conductive heater arranged in connection with the reaction chamber is transferred to the reaction space of the reaction chamber”).
Regarding to Claim 30, ‘922 teaches:
apparatus for processing multiple substrates in a batch cluster tool (abstract, the claimed “An arrangement for processing multiple substrates concurrently in a batch process”);
In some implementations the batch process chamber 116 shown in FIG. 16 can be configured to deposit the ALD layer ([0100]), and The process chamber exhaust 145 can be connected to a vacuum pump and used to remove any contaminants and decrease the pressure in the process chamber internal volume 132 ([0094], the claimed “the arrangement comprises an atomic layer deposition apparatus having a vacuum chamber”);
The platform 128 is configured to engage with a reactor shell 130 to form a reaction space volume 134 within the process chamber 116 ([0079]), and a platform 128 configured to hold a boat 118 with multiple substrates 120 ([0079], the claimed “and a reaction chamber arranged inside the vacuum chamber, and a substrate rack arranged inside the reaction chamber for supporting substrates during an atomic layer deposition process”);
The reactor shell 130 can also have heaters 142 that can be used to heat the substrates 120 within the reaction space volume 134 ([0093], the claimed “wherein the reaction chamber comprises a conductive heater arranged to provide thermal energy to substrates provided at the substrate rack inside the reaction chamber”).
Regarding to Claim 31, ‘922 teaches:
The platform 128 is configured to engage with a reactor shell 130 to form a reaction space volume 134 within the process chamber 116 ([0079]), and a platform 128 configured to hold a boat 118 with multiple substrates 120 ([0079], the claimed “wherein the reaction chamber comprises a support part for supporting the substrate rack, and a cover part for forming a housing surrounding the substrate rack provided at the support part”);
The platform 128 can move down to lower position(s) ([0093], the claimed “the support part and the cover part are movably arranged relative to each other”);
the reactor shell 130 can also have heaters 142 ([0093], note Fig. 15A shows the heater of the platform 128 is embedded, the claimed “and the conductive heater is arranged to the part movably arranged, or the conductive heater is arranged to the part stationary arranged, or the conductive heater is arranged both to the part movably arranged and to the part stationary arranged”).
Regarding to Claim 32, ‘922 teaches:
apparatus for processing multiple substrates in a batch cluster tool (abstract, the claimed “The arrangement for processing multiple substrates concurrently in a batch process”);
In some implementations the batch process chamber 116 shown in FIG. 16 can be configured to deposit the ALD layer ([0100]), and The process chamber exhaust 145 can be connected to a vacuum pump and used to remove any contaminants and decrease the pressure in the process chamber internal volume 132 ([0094], the claimed “the arrangement comprises an atomic layer deposition apparatus having a vacuum chamber”);
The platform 128 is configured to engage with a reactor shell 130 to form a reaction space volume 134 within the process chamber 116 ([0079]), and a platform 128 configured to hold a boat 118 with multiple substrates 120 ([0079], the claimed “and a reaction chamber arranged inside the vacuum chamber, and a substrate rack arranged inside the reaction chamber for supporting substrates during an atomic layer deposition process”);
The reactor shell 130 can also have heaters 142 that can be used to heat the substrates 120 within the reaction space volume 134 ([0093], the claimed “wherein the reaction chamber comprises a conductive heater arranged to provide thermal energy to substrates provided at the substrate rack inside the reaction chamber”);
The teaching of claim 17 was discussed in the claim 17 rejection above (the claimed “wherein the arrangement comprises an atomic layer deposition apparatus according to claim 17”).
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 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 of this title, 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.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 22 and 25 are rejected under 35 U.S.C. 103 as being unpatentable over ‘922 in view of ‘272.
Regarding to Claim 22, ‘922 teaches:
reactor shell 130 to form a reaction space volume 134 within the process chamber 116 ([0079], the claimed “wherein the cover part forming the housing comprises reactor side walls and a reactor roof”);
The reactor shell 130 can also have heaters 142 that can be used to heat the substrates 120 within the reaction space volume 134 ([0093], see Fig. 15A showing the heaters 142 on the top and side walls of the shell 130, and the heater intrinsically has an heating element, which is a thermal element, the claimed “and the thermal element is provided, the reactor roof, or the thermal element is provided, the reactor side walls, or the thermal element is provided, the reactor side walls and the reactor roof”).
‘922 does not explicitly teach the other limitations (BOLD and ITALIC letter) of:
Claim 22: and the thermal element is provided inside the reactor roof, or the thermal element is provided inside the reactor side walls, or the thermal element is provided inside the reactor side walls and the reactor roof.
Emphasized again, either “embedded” or “adjacent to an inner surface” clearly reads into the “inside…”.
‘272 is analogous art in the field of process chamber (title). ‘272 teaches the heat line, is provided in the inner wall of the upper chamber inner housing, and the heat line 121 may protrude from the inner wall of the upper chamber outer housing (or the inner wall of the upper chamber inner housing). Alternatively, the heat line 121 may be buried in the inner wall of the upper chamber outer housing (or the inner wall of the upper chamber inner housing) (Fig. 10, [0050]).
Before the effective filling date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to have rearranged the heaters 142 of ‘922 disposed on the top and side walls of the shell 130, so to be embedded or adjacent to an inner surface of the shell, for the purpose of increasing efficiency of heat transfer by positioning close to the inner space, and/or since it has been held that rearranging parts of an invention only involves routine skill in the art, see MPEP 2144.04.
Regarding to Claim 25,
‘922 teaches reactor shell 130 to form a reaction space volume 134 within the process chamber 116 ([0079], the claimed “wherein the cover part forming the housing comprises reactor side walls and a reactor roof”);
‘922 further teaches the reactor shell 130 can also have heaters 142 that can be used to heat the substrates 120 within the reaction space volume 134 ([0093], note herein Fig. 15A showing the heaters 142 on the top and side walls of the shell 130, and the heater intrinsically has a heating element, which is a thermal element provided to the walls).
Furthermore, as discussed in the claim 22 rejection above, the heaters of ‘922 on the top and side walls of the shell 130 are modified so to be embedded inside the walls. Because “To embed” means “to firmly fix, enclose, or implant something into a surrounding mass”, thus the “embedding” intrinsically requires a cavity or space within the platform for enclosing the heating element of the heater therein.
Consequently, the heating element of the modified heaters are disposed in the heater cavity inside the top and side walls of the shells (the claimed “and that the heater cavity is provided to the reactor roof, or the heater cavity is provided inside the reactor roof, or the thermal element is provided to the reactor side walls, or the thermal element is provided inside the reactor side walls, or the thermal element is provided to the reactor side walls and the reactor roof, the thermal element is provided inside the reactor side walls and the reactor roof”).
Claim 27 is rejected under 35 U.S.C. 103 as being unpatentable over ‘922 in view of FAGUET et al. (US 20110135842, hereafter ‘842).
Regarding to Claim 27,
‘922 teaches the reactor shell 130 can also have heaters 142 ([0093], note Fig. 15A shows the heater of the platform 128 is embedded, the claimed “and the conductive heater or the thermal element is provided to the cover part, or the conductive heater or the thermal element is provided to the support part, or the conductive heater or the thermal element is provided both to the support part and the cover parts”).
Because ‘922 teaches the platform 128 can move down to lower position(s) ([0093]), ‘922 does not explicitly teach the other limitations (BOLD and ITALIC letter) of:
Claim 27: wherein the cover part is movably arranged relative to the support part.
Emphasized again, ‘922 teaches the platform 128 can move down to lower position(s) ([0093]), thus ‘922 clearly acknowledges the reaction space is adjusted by vertical movement of the lower part of the reaction chamber.
‘842 is analogous art in the field of substrate processing (abstract). ‘842 teaches the movable enclosure device 882 may substantially isolate or fully isolate the second process space 814 from at least a portion of the first process space 812 (Fig. 8, [0124]), and The drive system 886 may be configured to vertically translate the movable enclosure device 882 to and from the peripheral edge 881 of the substrate stage 820 ([0125]).
Before the effective filling date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to have configured such that either the reactor shell 130 or the platform 128 of ‘922, so to be vertically movable, for its suitability as known process volume adjustment structure, with predictable result. The selection of something based on its known suitability for its intended use has been held to support a prima facie case of obviousness, see MPEP 2144.07.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AIDEN Y LEE whose telephone number is (571)270-1440. The examiner can normally be reached on M-F: 9am-5pm PT.
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/AIDEN LEE/ Primary Examiner, Art Unit 1718
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