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 .
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 (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.
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 147-150 and 152-154 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tamura et al. (US 2009/0194233 A1)(Tamura).
Tamura discloses a semiconductor processing apparatus comprising component such as a gas line. See the title and paragraph [0061]. The component may be a metal such as stainless steel or aluminum. See paragraph [0082].
Tamura discloses the component of the semiconducting processing apparatus comprises stainless steel, and instant claim 153 recites the metal may be stainless steel. Therefore, the stainless steel of Tamura is presumed to inherently be “susceptible to formation of oxide of said metal thereon.”
The component is coated with a protection film (10c). See the abstract. The protection film is formed by atomic layer deposition. See paragraph [0063]. Multiple layers are laminated onto the matrix substrate. See paragraph [0077]. The protection film is an amorphous oxide of aluminum, silicon, hafnium, zirconium, or yttrium. See the abstract.
The limitation, “the metal surface configured to be contacted in operation of said apparatus with gas, solid, or liquid that is reactive with said metal oxide to form a reaction product that is deleterious to said apparatus and its operation,” is functional language. The structure and materials of Tamura are identical to the present claimed structure and materials. Therefore, the apparatus of Tamura is presumed to inherently be configured in the claimed manner.
The coating of Tamura is presumed to inherently be “capable of preventing reaction of the coated surface with the reactive gas, solid, or liquid” because the structure and materials of Tamura are identical to the presently claimed structure and materials.
As to claim 148, Tamura discloses the component may be made of stainless steel, which would therefore inherently form a metal oxide of Fe and/or Cr if it is oxidized. See paragraph [0082].
As to claim 149, Tamura discloses the protective coating may be Al2O3. See the abstract.
As to claim 150, Tamura discloses the protective coating may be an oxide of yttrium. See the abstract.
As to claim 152, Tamura discloses the thickness of the protective coating has a thickness such as 30 nm. See paragraph [0077].
As to claim 153, Tamura discloses the component matrix comprises stainless steel. See paragraph [0082].
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.
Claim 151 is rejected under 35 U.S.C. 103 as being unpatentable over Tamura et al. (US 2009/0194233 A1)(Tamura) as applied to claim 147 above.
Tamura anticipates claim 147 for the reasons recited above. Tamura teaches the protective film may be an amorphous oxide of aluminum, silicon, hafnium, zirconium, or yttrium (i.e., Al2O3, SiO2, HfO2, ZrO2 or Y2O3). See the abstract. Tamura fails to disclose the protective layers comprise two metal oxides.
It has been held to have been obvious to one of ordinary skill in the art to combine equivalents known for the same purpose. See MPEP 2144.06 I. Therefore, it would have been obvious to one of ordinary skill in the art at the time of filing to have combined two or more of the oxides of aluminum, silicon, hafnium, zirconium, and yttrium in the protective film of Tamura because such a combination has been held to have been obvious.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to David Sample whose telephone number is (571)272-1376. The examiner can normally be reached Monday to Friday 7AM to 3:30 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Humera Sheikh can be reached at (571)272-0604. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/David Sample/Primary Examiner, Art Unit 1784
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