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 .
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.
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 1-15, 17, and 18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yudovsky et al, US 20130143415 A1.
Yudovsky et al teaches:
Regarding claim 1, an atomic layer depositing apparatus 100 comprising: a gas supply assembly 30 configured to supply a source gas (Precursor B, C, D), a reaction gas (Precursor A), and a purge gas (Purge gas); and a substrate transfer module 65 disposed on a lower side of the gas supply assembly 30, configured to move linearly (Figure 1), and having an upper side on which the substrate 60 is seated, wherein the gas supply assembly 30 includes: a purge gas supply module 145 connected to a purge gas supply line (Figure 1) in which the purge gas flows, a reaction gas supply module 125 connected to a reaction gas supply line (Figure 1) in which the reaction gas flows, a source gas supply module 204 configured to selectively communicate with any one of the purge gas supply line and a source gas supply line in which the source gas flows, a pumping module 155 disposed among the purge gas supply module 145, the reaction gas supply module 125, and the source gas supply module 204, and configured to provide negative pressure, and a valve module 206 configured to make the source gas supply module connected to any one of the purge gas supply line and the source gas supply line and blocked from the other thereof, and wherein the valve module is configured to: (1) connect the source gas supply module and the source gas supply line to each other in case that the substrate is disposed on the side of the source gas supply module, and (2) connect the source gas supply module and the purge gas supply line to each other in case that the substrate is not disposed on the side of the source gas supply module (Figure 7).
Regarding claim 2, the purge gas supply module comprises a first side purge gas supply module and a second side purge gas supply module disposed on one side and the other side of the gas supply assembly, respectively, based on a first direction that is a transfer direction of the substrate, and main purge gas supply modules disposed between the reaction gas supply module and the source gas supply module, and wherein a plurality of source gas supply modules and a plurality of reaction gas supply modules are provided to be disposed alternately. (Figure 5)
Regarding claim 3, the main purge gas supply module comprises a first main purge gas supply unit and a second main purge gas supply unit connected to the purge gas supply line, respectively, and wherein the first main purge gas supply unit and the second main purge gas supply unit are spaced apart from each other based on the first direction, and the pumping module is disposed between the first main purge gas supply unit and the second main purge gas supply unit. (Figure 5)
Regarding claim 4, the side purge module comprises a side purge gas supply unit (valve 140) from which the purge gas is discharged, wherein a first supply pressure of the purge gas that is supplied from the side purge gas supply unit is formed by the controlling the valve 140 which is different from a second supply pressure of the purge gas that is supplied from the main purge gas supply unit and controlled by valve 206.
The Examiner notes that the limitation “wherein the second supply pressure is constant regardless of movement of the substrate, and the first supply pressure is varied in accordance with a location of the substrate” is an intended use of the apparatus and the apparatus of Yudovsky et al is capable of functioning in the claimed manner. Furthermore, it has been held that: “Apparatus claims cover what a device is, not what a device does” (Emphasis in original) Hewlett-Packard Co. V. Bausch & Lomb Inc., 15 USPQ2d 1525, 1528 (Fed. Cir. 1990); and a claim containing a “recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus “if the prior art apparatus teaches all the structural limitations of the claim Ex parte Masham, 2 USPQ2d 1647 (Bd. Pat. App. & Inter. 1987). Also see MPEP 2114. Yudovsky et al teaches the claimed structural limitations, thus, the claimed function does not differentiate the claimed apparatus from the apparatus of Yudovsky et al.
Regarding claim 5, any one of the reaction gas supply modules is disposed between the main purge gas supply module adjacent to the first side purge gas supply module among the main purge gas supply modules and the first side purge gas supply module, wherein the other of the reaction gas supply modules is disposed between the main purge gas supply module adjacent to the second side purge gas supply module among the main purge gas supply modules and the second side purge gas supply module, and wherein the substrate transfer module selectively moves in accordance with any one of the first direction and a second direction that is a direction opposite to the first direction. (Figure 5)
Regarding claim 6, between a first source gas supply module that is any one of the source gas supply modules and a second source gas supply module that is the other of the source gas supply modules (Figure 1), the pumping modules, the main purge gas supply modules, and the reaction gas supply modules are disposed, in the order of ?the pumping module - the main purge gas supply module - the pumping module - the reaction gas supply module - the pumping module - the main purge gas supply module - the pumping module -. (Figure 5)
Regarding claim 7, the source gas comprises a first source gas and a second source gas having a different material from the first source gas, wherein the first source gas supply module is selectively connected to a first source gas supply line for supplying the first source gas, and wherein the second source gas supply module is selectively connected to a second source gas supply line for supplying the second source gas. (Figure 8)
Regarding claim 8, the first source gas supply module comprises a first sub first source gas supply module for supplying the first source gas and a second sub first source gas supply module, wherein the first sub first source gas supply module and the second sub first source gas supply module are spaced apart from each other in the first direction, and wherein between the first sub first source gas supply module and the second sub first source gas supply module (Figure 1), the pumping modules, the main purge gas supply modules, and the reaction gas supply modules are disposed, in the order of - the pumping module - the main purge gas supply module - the pumping module - the reaction gas supply module - the pumping module - the main purge gas supply module - the pumping module-. (Figure 1 and 5)
Regarding claim 9, the same reaction gas is supplied to the plurality of reaction gas supply modules, and wherein the same purge gas is supplied to the plurality of purge gas supply modules. (Figure 1)
Regarding claim 10, a source gas deposition space is formed between any one of the purge gas supply modules that is disposed in front of any one of the source gas supply modules and the other of the purge gas supply modules that is disposed in the rear of the source gas supply module based on a first direction, wherein if one side of the substrate enters the source gas deposition space, the valve module is controlled so that the source gas supply module that corresponds to the source gas deposition space supplies the source gas, and wherein if the other side of the substrate secedes from the source gas deposition space, the valve module is controlled so that the source gas supply module that corresponds to the source gas deposition space supplies the purge gas. (Figure 7 or 8)
Regarding claim 11, a valve module controller 210, 810 for controlling the valve module 206, 806, wherein the valve module controller is configured to control an operation of the valve module based on at least one of a location in the first direction of the substrate transfer module, a location where the substrate is disposed on the substrate transfer module, and a transfer speed of the substrate transfer module. (Figure 7 or 8)
Regarding claim 12, a plurality of source gas deposition spaces are formed and disposed to be spaced apart from each other in the first direction, and wherein in case that a plurality of substrates are located in a deposition space that is formed on a lower side of the gas supply module, the source gas supply module in the source gas deposition space in which the substrates are located is configured to supply the source gas into the source gas deposition space, and the source gas supply module in the source gas deposition space in which the substrates are not located is configured to supply the purge gas into the source gas deposition space. (Figure 1)
Regarding claim 13, the reaction gas supply module and the purge gas supply module are configured to continuously supply the reaction gas and the purge gas regardless of the location of the substrate. (Paragraph 0034)
Regarding claim 14, a purge space in which the purge gas is supplied to the substrate is formed between the reaction gas supply module and the source gas supply module that is adjacent to the reaction gas supply module, and the purge space is formed larger than the source gas deposition space based on the first direction. (Figure 4A)
Regarding claim 15, the valve module comprises a bypass line having one side connected to the source gas supply line and the other side connected to the purge gas supply line, a first valve unit disposed on the bypass line, and a second valve unit disposed on the source gas supply line, and wherein the second valve unit is disposed between a point where the source gas supply line and the bypass line are connected to each other and a source gas storage in which the source gas is stored. (Figure 7)
Regarding claim 17, a plasma oscillator configured to ionize the reaction gas, wherein the plasma oscillator is connected to any one of (1) the reaction gas supply line and (2) the reaction gas supply module. (Paragraph 0035)
Regarding claim 18, an atomic layer depositing method using the atomic layer depositing apparatus of claim 1. (Paragraph 0059)
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.
The factual inquiries 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Yudovsky et al, US 20130143415 A1, in view of Kilpela et al, US Patent 2005/0221004 A1.
Yudovsky et al was discussed above.
Yudovsky et al differs from the present invention in that Yudovsky et al does not teach that the source gas supply line and the purge gas supply line are connected to each other, and wherein the valve module is installed at a point where the source gas supply line and the purge gas supply line are connected to each other, and is configured to make any one of the gases be selectively supplied to the side of the source gas supply module.
Kilpela et al teaches a source gas supply line 130 and the purge gas supply line 132 are connected to each other (at valve 106), and wherein the valve module 106 is installed at a point where the source gas supply line 130 and the purge gas supply line 132 are connected to each other, and is configured to make any one of the gases be selectively supplied to the side of the source gas supply module. (Figure 1a-1d)
The motivation for replacing the multiple valves of Yudovsky et al with the three way valve of Kilpela et al is to provide a well known alternate and equivalent valving system as taught by Kilpela et al. Furthermore, it has been held that the simple substitution of one known element for another to obtain predictable results is obvious (see KSR International Co. v. Teleflex Inc.).
Therefore it would have been obvious to one of ordinary skill in the art before the time the invention was effectively filed to replace the multiple valves of Yudovsky et al with the three way valve of Kilpela et al.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The cited art teaches the technological background of the invention. The cited art contains patents that could be used to reject the claims under 35 USC § 102 or 103. These rejections have not been made because they do not provide any additional or different teachings, and if they were applied, would have resulted in an undue multiplication of references. (See MPEP 707.07(g))
WO 2024049264 A1 or US 20060062916 A1 could be used to reject at least claim 1 under 102 or 103.
JP 2004124193 A could be used to teach the use of a three way valve.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jeffrie R Lund whose telephone number is (571)272-1437. The examiner can normally be reached 9 am-5 pm (Monday-Friday).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Parviz Hassanzadeh can be reached at (571) 272-1435. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Jeffrie R Lund/Primary Examiner, Art Unit 1716
