DETAILED ACTION
This Office action is in response to the filing of this application on 24 July 2024. Claims 1-20 are pending in the application. Claims 1, 13, and 17 are independent.
This application is a divisional of application Serial No. 17/459,821, filed on 27 August 2021, now US Patent 12,394,635.
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
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 1-8, 10-11, 13-18 and 20 are rejected under 35 U.S.C. 102(a)(1) as being clearly anticipated by Maraschin et al., US 2016/0118282, cited by Applicant on the Information Disclosure Statement submitted on 07 November 2024.
With respect to claim 1, Maraschin et al. disclose a system for processing a substrate, shown in Fig. 13, the system comprising:
a processing chamber (loadlocks 164 may be connected to a processing chamber, see paragraph [0075]), shown in Fig. 13;
a staging module 100 for staging the substrate (plurality of wafers 118) prior to delivering the substrate to the processing chamber, see Fig. 13;
an access port 144 (shown in Fig. 2) between the processing chamber (loadlocks 164 may be connected to a processing chamber, see paragraph [0075]) and the staging module 100, through which the substrate 118 is passed between the staging module 100 and the processing chamber, see paragraph [0075] and Fig. 13; and
a gas flow stabilizer positioned adjacent the access port 144 (above 144), as shown in Figs. 10 and 11, the gas flow stabilizer including:
a horizontal flow section, shown in Figs. 3, 4, 6, 10, and 11; and
a vertical flow section, shown in Figs. 5, 7, 10, and 11, see annotated Fig. 10 below.
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With respect to claim 2, in the system of Maraschin et al., the horizontal flow section of the gas flow stabilizer includes a plurality of overlapping horizontal gas flow paths, as shown in Fig. 3.
With respect to claim 3, in the system of Maraschin et al., the vertical flow section of the gas flow stabilizer includes a plurality of vertical gas flow paths, as shown in Figs. 5, 7, 10, and 11.
With respect to claim 4, in the system of Maraschin et al., the gas flow stabilizer is configured to create a laminar gas flow along an inner surface of a wall 126/128 proximate to the access port 164, as shown in Figs. 3, 5-7, and 13.
With respect to claim 5, the system of Maraschin et al. further comprising a gas flow receiver, positioned on a side of the access port 144 opposite to a side where the gas flow stabilizer is located (below 144), the gas flow receiver including a vertical flow section and a horizontal flow section, as shown in annotated Fig. 11 below.
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With respect to claim 6, in the system of Maraschin et al., the horizontal flow section of the gas flow receiver includes a plurality of overlapping horizontal gas flow paths, or the vertical flow section of the gas flow receiver includes a plurality of vertical gas flow paths, as shown in Figs. 3, 5, 10, and 11.
With respect to claim 7, in the system of Maraschin et al., the gas flow stabilizer is positioned above the access port 144 and the gas flow receiver is positioned below the access port 144.
With respect to claim 8, in the system of Maraschin et al., the gas flow stabilizer is attached to a wall of the staging module 100 and the gas flow receiver is attached to a wall of the staging module 100, as shown in Fig. 11.
With respect to claim 10, the system of Maraschin et al. further comprising a source of inert gas (purge gas ports 124) in fluid communication with the gas flow stabilizer, paragraphs [0060] and Fig. 6.
With respect to claim 11, in the system of Maraschin et al., the inert gas comprises nitrogen or argon, see paragraph [0060].
With respect to claim 13, Maraschin et al. disclose a system for processing a substrate, shown in Fig. 13, the system comprising:
a processing chamber (loadlocks 164 may be connected to a processing chamber, see paragraph [0075]), shown in Fig. 13;
a staging module 100 for staging the substrate (plurality of wafers 118) prior to delivering the substrate to the processing chamber, see Fig. 13;
an access port 144 (shown in Fig. 2) between the processing chamber (loadlocks 164 may be connected to a processing chamber, see paragraph [0075]) and the staging module 100, through which the substrate 118 is passed between the staging module 100 and the processing chamber, see paragraph [0075] and Fig. 13; and
a gas flow stabilizer positioned adjacent the access port 144 (above 144), as shown in Figs. 10 and 11, the gas flow stabilizer including:
a horizontal flow section that includes a plurality of overlapping horizontal gas flow paths, shown in Figs. 3, 4, 6, 10, and 11; and
a vertical flow section that includes a plurality of vertical gas flow paths, shown in Figs. 5, 7, 10, and 11.
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With respect to claim 14, in the system of Maraschin et al., the gas flow stabilizer is configured to create a laminar gas flow along an inner surface of a wall 126/128 proximate to the access port 144 proximate to the access port 164, as shown in Figs. 3, 5-7, and 13.
With respect to claim 15, the system of Maraschin et al. further comprising a gas flow receiver, positioned on a side of the access port 144 opposite to a side where the gas flow stabilizer is located (below 144), the gas flow receiver including a vertical flow section and a horizontal flow section, as shown in annotated Fig. 11 below.
With respect to claim 16, in the system of Maraschin et al., the horizontal flow section of the gas flow receiver includes a plurality of overlapping horizontal gas flow paths, or the vertical flow section of the gas flow receiver includes a plurality of vertical gas flow paths, as shown in Figs. 3, 5, 10, and 11.
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With respect to claim 17, Maraschin et al. disclose a system for processing a substrate, shown in Fig. 13, the system comprising:
a processing chamber (loadlocks 164 may be connected to a processing chamber, see paragraph [0075]), shown in Fig. 13;
a staging module 100 for staging the substrate (plurality of wafers 118) prior to delivering the substrate to the processing chamber, see Fig. 13;
an access port 144 (shown in Fig. 2) between the processing chamber (loadlocks 164 may be connected to a processing chamber, see paragraph [0075]) and the staging module 100, through which the substrate 118 is passed between the staging module 100 and the processing chamber, see paragraph [0075] and Fig. 13; and
a gas flow stabilizer positioned adjacent the access port 144 (above 144), as shown in Figs. 10 and 11, the gas flow stabilizer including:
a horizontal flow section that includes a plurality of overlapping horizontal gas flow paths, shown in Figs. 3, 4, 6, 10, and 11; and
a vertical flow section that includes a plurality of vertical gas flow paths, shown in Figs. 5, 7, 10, and 11, see annotated Fig. 10 below; and
a gas flow receiver, positioned on a side of the access port 144 opposite to a side where the gas flow stabilizer is located (below 144), the gas flow including a vertical flow section that includes a plurality of vertical gas flow paths and a horizontal flow section that includes a plurality of overlapping horizontal gas flow paths, as shown in annotated Fig. 11 below.
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With respect to claim 18, in the system of Maraschin et al., the gas flow stabilizer is configured to create a laminar gas flow along an inner surface of a wall 126/128 proximate to the access port 144 proximate to the access port 164, as shown in Figs. 3, 5-7, and 13.
With respect to claim 20, the system of Maraschin et al. further comprising a source of inert gas (purge gas ports 124) in fluid communication with the gas flow stabilizer, see paragraphs [0060] and Fig. 6.
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 9 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Maraschin et al., US 2016/0118282, as applied above to claims 5 and 17.
Maraschin et al. is applied as above. Maraschin et al. fail to teach providing a vacuum source in fluid communication with the gas flow receiver. However, in paragraphs [0001] and [0002], Maraschin et al. disclose that a transfer chamber and semiconductor processing chambers are typically connected together in a hermetically-sealed manner and kept under vacuum conditions, and that an Equipment Front End Module (EFEM) can be kept at a vacuum. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention that the known system of Maraschin et al. could comprise a vacuum source in fluid communication with the gas flow receiver, in order to prevent contamination of the substrate by creating a controlled environment.
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Maraschin et al., US 2016/0118282, as applied above to claim 1 above, further in view of Pfahler et al., US 2017/0191759.
Maraschin et al. is applied as above. Although Maraschin et al. disclose that loadlocks 164 may be connected to a processing chamber, see paragraph [0075]. loadlocks 164 may be connected to a processing chamber, see paragraph [0075] lack anticipation of the processing chamber being a chamber for conducting a thermal anneal of the substrate, as required in dependent claim 12. In the same field of endeavor, Pfahler et al. disclose a staging module for use in a thermal processing system, see the Abstract. In light of the disclosure of Pfahler et al., , it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention that the staging module 100 of Maraschin et al. could be used in a processing chamber for conducting a thermal anneal of substrate 118.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,394,635 in view of Maraschin et al., US 2016/0118282. The patented claims are drawn to a system comprising a staging module having an access port, a gas flow stabilizer, and a gas flow receiver. Independent claims 1 and 13 of the instant application require a processing chamber, a staging module, an access port, and a gas flow stabilizer. Given the system shown in Fig. 13 of Maraschin et al., it would have been obvious to the skilled artisan that the system of the patented claims could have included a processing chamber in order to process a substrate. Independent claim 17 of the instant application comprises a system including a processing chamber, a staging module, an access port, a gas flow stabilizer, and a gas flow receiver. In light of the system of Maraschin et al., shown in Fig. 13, it would have been obvious to the skilled artisan that the system of the patented claims could have included a processing chamber in order to process a substrate.
Conclusion
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MARY A. WILCZEWSKI
Primary Examiner
Art Unit 2898
/MARY A WILCZEWSKI/Primary Examiner, Art Unit 2898
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