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 .
Election/Restrictions
Applicant’s election without traverse of claims 1-8 in the reply filed on July 31, 2026 is acknowledged.
Claim Interpretation
Means-plus- function
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
Gas supplying unit as recited in claims 1-3 and 5-8 where “gas supplying” is the functional language and unit is the generic placeholder.
Electric field forming unit as recited in claim 6 where “electric field forming” and unit is the generic placeholder
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
Gas supplying unit is interpreted as element 20 (see Fig. 1) which according to [0013] is gas supplying pipe 21, mass flow meter 22, gas delivery pipe 23, gas distributing unit 24 including a plurality of gas injection openings 24a.
Electric field forming unit is interpreted as elements 51-54 (see Fig. 1) which according to [0013] is an upper electrode 51, lower electrode 52, middle electrode 53, and controller 54.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
For clarification purposes
Controller as recited in claim 3 is illustrated as element 54 in Fig. 1 and is interpreted as a structure such as a program controller that periodically changes the voltage for example, the controller may adjust the voltage to the upper electrode 51, lower electrode 52, middle electrode 53, so that applied voltage levels vary independently according to [0019].
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 1-8 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-15 of U.S. Patent No. 12,106,977. Although the claims at issue are not identical, they are not patentably distinct from each other because the scope of the present invention is fully encompassed by the patent.
Regarding claim 1: See claims 1,11, and 15 of the patent wherein it is recited that there is a substrate processing apparatus with a vacuum chamber, a wafer supporting plate, an upper electrode, a lower electrode, a middle electrode, wherein the middle electrode includes an end portion includes a rounded distal end covered with an insulating material, wherein the insulating material covering the end portion of the middle electrode is configured to be directly in contact with the wafer on the wafer supporting plate. Claim 3 recites a gas supply unit.
Regarding claim 2: See claim 1 of the patent which claims a metallic body with a vertical pillar shape.
Regarding claim 3: See claim 2 of the patent where a controller is recited.
Regarding claim 4: See claim 3 of the patent which recites the gas supplying unit includes a gas delivery pipe and a gas delivery pipe and a gas distribution unit comprises a plurality of gas injection openings, wherein the upper electrode is disposed above the gas distribution unit.
Regarding claim 5: See claims 5, 11, and 15 of the patent where the middle electrode is disposed adjacent to an upper surface of the wafer supporting plate.
Regarding claim 6: See claims 1, 11, and 15 of the patent where there is an electric field forming unit forming an electric field inside the vacuum chamber.
Regarding claim 7: See claim 6 of the patent where the electric field forming unit includes at least two middle electrodes disposed along a periphery of the supporting plate.
Regarding claim 8: See claims 7 and 15 of the patent which recites that the end portion tapers from the metallic body portion to the distant end to have an inclined side surface.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
JP 2000003902 teaches a lower electrode 2300, upper electrode, and a middle electrodes 11, 12. See Figs. 11, 29 and 30.
US6,375,860 teaches a lower electrode 38b, an upper electrode 38a, and middle electrodes 36a, 36b.
JPH07106307A has upper electrode 2, lower electrode 3, and middle electrodes 11.
Sato teaches three electrodes 12-14, electric field forming unit 17-19 and controller 30.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SYLVIA MACARTHUR whose telephone number is (571)272-1438. The examiner can normally be reached M-F 8:30-5 pm.
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/SYLVIA MACARTHUR/Primary Examiner, Art Unit 1716
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