DETAILED ACTION
Non Final
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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 09/30/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Interpretation
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.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
It is noted that upon review, no claim terminology was determined to be of sufficient means plus function nonce/style language so as to invoke 35 USC 112 6th paragraph. Any generic terms appeared to be sufficiently modified by their either prepository terms, modifiers or use in the art to take any generic terms out of potential scope of 112 6th. It is noted that during prosecution the claim language may change and thus there is no final disposition on such interpretation until time as the claims may issue.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the following must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Claim 8 recites “an exhaust hole penetrating to the first buffer space for exhausting gas” in line 1-2, where the figures do not disclose this arrangement.
Claim 13 recites “from a reference surface of the substrate” where the reference surface is not clearly indicated in the figures so as to define the angles;
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 8 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Claim 8 recites “an exhaust hole penetrating to the first buffer space for exhausting gas” in line 1-2, where the written description do not clearly describe how or in what way this arrangement is provided.
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 1-20 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 1, 15 and 18 each recite “an inlet member disposed above the guide member to have a first buffer space…”. It is unclear and/or uncertain (i.e. there appears to be a zone of uncertainty) from a reading of the claim as to what is intended by the term/phrase/idea and how such a term/phrase/idea should be interpreted. In other words, it appears that there is a lack of objective meaningful reference based solely on the claim recitation as to what has the first buffer space, the guide member or the inlet member or both? In the interest of compact prosecution, the term/phrase will be given its broadest reasonable interpretation. Appropriate correction is required.
Claim 8 recites “an exhaust hole penetrating to the first buffer space for exhausting gas” in line 1-2, where it is unclear from a reading of the written description and figures as to what or how the exhaust hole so penetrates as it appears that the hole only extends to the central hole in the main body, unless there is an implied fluid path or such to the buffer space?
Claim 11 recites: “the partition wall member defines a path provided to a hole formed in the guide member by receiving gas flowing along an outer circumferential surface through the hole” where it is unclear if the gas flow is forming the hole in the outer circumferential surface, or some other flow path arrangement.
Claim 12 recites “a plurality of lower holes of which central axis faces downward for vertical injection of gas are formed in a lower region of the injection member, and the lower holes are symmetrically formed” where it is unclear if the lower holes are aligned along a single axis or a plurality of axes, one for each lower hole;
Claim 6 recites the limitation "the other side" in 3. There is insufficient antecedent basis for this limitation in the claim.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
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(s) 1-3, 5-12, 15-20 is/are rejected (as indefinitely understood) under 35 U.S.C. 102 (a)(1)/(a)(2) as being anticipated by Ku (US 2003/0019428);
Claim(s) 4 is/are rejected (as indefinitely understood) under 35 U.S.C. 103 as being unpatentable over Ku as applied to claims 1 (as indefinitely understood) above, and further in view of Choi (US 2006/0137608);
Claim(s) 13, 14 is/are rejected (as indefinitely understood) under 35 U.S.C. 103 as being unpatentable over Ku as applied to claims 1 (as indefinitely understood) above, and further in view of Lei (US 2006/0196603.)
Ku discloses in claim 1: A shower head unit (at 30/32 figure 1) comprising: a guide member (at 34/72/120) disposed to cover a substrate (at 12) disposed within a process chamber (10); an inlet member (at 36, ph 0030) disposed above the guide member to have a first buffer space (at 44/46/58) therein; and an injection member (32/128) disposed under the guide member to inject gas supplied from an outside through the first buffer space of the inflow member and the guide member toward the substrate (as shown along the central axis thereof.)
Ku discloses in claim 2: The shower head unit of claim 1, wherein a central hole (70/71, ph 0046) is formed in a central portion of the guide member to move gas, and the central hole (fluidly) communicates with the first buffer space.
Ku discloses in claim 3: The shower head unit of claim 2, wherein a diameter of the first buffer space is greater than a diameter of the central hole (at the surface end 64 of the central hole 70/71.)
Ku discloses in claim 4: The shower head unit of claim 1, wherein [a fluid] path (60) is formed in a peripheral area of the guide member; Ku does not disclose: an exhaust path for gas exhaustion; but Choi teaches: an exhaust path (340/345/316) for gas exhaustion through the guide member (for the purpose of exhausting byproduct gases for example from the upper region of the chamber.)
Accordingly, it would have been obvious to one of ordinary skill in the art at the time of filing of the invention to provide Ku as taught in Choi, with an exhaust path arranged as taught in Choi for gas exhaustion through the guide member, and all for the purpose of exhausting byproduct gases for example from the upper region of the chamber.
Ku discloses in claim 5: The shower head unit of claim 1, wherein a first inflow hole (44/50 figure 3) penetrating to the first buffer space to inflow gas is formed at one side portion (top side or annular side) of the inflow member.
Ku discloses in claim 6: The shower head unit of claim 5, wherein a second buffer space (46) communicating with the first buffer space (via 50) for gas inflow and a second inlet hole (via 48) penetrating to the second buffer space are further formed at the other side portion of the inlet member.
Ku discloses in claim 7: The shower head unit of claim 6, wherein the second buffer space is formed to surround a portion of the first buffer space (as shown, they are coaxially aligned.)
Ku discloses in claim 8: The shower head unit of claim 1, wherein an exhaust hole (under a BRI, 60 exhausts gas from 58 into 78, and then exhaust path to 18) penetrating to the first buffer space for exhausting gas is formed on the other side portion (bottom side portion) of the inlet member.
Ku discloses in claim 9: The shower head unit of claim 1, further comprising: a partition wall member (52) disposed in a first buffer space (44) of the inlet member to have a cylindrical shape having a hole (top opening of 44 or openings at 50) formed in an upper region.
Ku discloses in claim 10: The shower head unit of claim 9, wherein the partition wall member has a diameter narrower (there is a slight instep that narrows the space) than a width of the first buffer space.
Ku discloses in claim 11: The shower head unit of claim 9, wherein the partition wall member defines a path (fluid path) provided to a hole (60/61/70/71) formed in the guide member by receiving gas flowing along an outer circumferential surface through the hole (the holes have annular walls that provide circumferential surfaces that are outwards of the central axis thereof.)
Ku discloses in claim 12: The shower head unit of claim 1, wherein a plurality of lower holes (of 86) of which central axis faces downward for vertical injection of gas are formed in a lower region of the injection member, and the lower holes are symmetrically formed (as shown.)
Ku discloses in claim 13: The shower head unit of claim 1, Ku does not disclose, although Lei teaches: a plurality of inclined holes (610 figure 6, and figures 7a,b) having a predetermined inclined angle from a reference surface (tread) of the substrate are formed in a side region (riser) of the injection member to inject inclined gas, and the inclined holes are symmetrically formed (and are at about 15.deg. to about 120.degrees from the surface, ph 0026 to provide for gas distribution about the chamber for formation purposes.)
Accordingly, it would have been obvious to one of ordinary skill in the art at the time of filing of the invention to provide Ku as taught in Lei with a plurality of inclined holes as taught in Lei having a predetermined inclined angle from a reference surface (tread) of the substrate are formed in a side region (riser) of the injection member to inject inclined gas, and the inclined holes are symmetrically formed and can be about 15.deg. to about 120.degrees from the surface, as taught in Lei, and all provided for the purpose of gas distribution about the chamber and for formation purposes.
Ku discloses (as modified for the reasons discussed above) in claim 14: The shower head unit of claim 13, wherein the inclined angle is about 0 degrees to about 15 degrees based on the reference surface (15.deg. as discussed as modified for the reasons above, which falls within the range under MPEP 2131.)
Ku discloses in claim 15: A gas providing unit (10 figure 1) comprising: a gas supply line (gas via 44a) providing a gas flow path (along 44a/44/56/70/128) to a processing space (of 26) of a substrate (12); and a shower head unit (30/32) uniformly providing gas provided through the gas supply line to an entire area (top surface area) of the substrate, wherein the shower head unit comprises: a guide member (34/70/120) disposed to cover the substrate; an inlet member (36) disposed above the guide member to have a first buffer space (at 44/46/58) therein; and an injection member (32/128) disposed under the guide member to inject gas supplied from an outside through the first buffer space of the inflow member and the guide member toward the substrate.
Ku discloses in claim 16: The gas providing unit of claim 15, wherein a central hole (70/71) is formed in a central portion (along the central axis) of the guide member to move gas, and the central hole communicates with the first buffer space.
Ku discloses in claim 17: The gas providing unit of claim 15, further comprising: a partition wall member (wall of 44) disposed in a first buffer space of the inlet member to have a cylindrical shape having a hole (50 or 44a) formed in an upper region.
Ku discloses in claim 18: A substrate processing device (10 figure 1) comprising: a process chamber (26) providing a processing space (volume of 26) for heating a substrate (12 ph 0024); a support unit (22/24) supporting the substrate in the processing space; a heating unit (heater not shown but at 22 ph 0026) heating the substrate supported by the support unit; an exhaust unit (via port 18 ph 0025) exhausting atmosphere of the processing space; and a gas supply unit (via 44 and see ph 0033 unit/line etc…) comprising a gas supply line providing a gas flow path to a processing space (26) of a substrate (12) and a shower head unit (30/32) uniformly providing gas provided through the gas supply line to an entire area of the substrate, wherein the shower head unit comprises: a guide member (34/72/120) disposed to cover the substrate; an inlet member (36) disposed above the guide member to have a first buffer space (space of 44/46/58) therein; and an injection member (32/128) disposed under the guide member to inject gas supplied from an outside through the first buffer space of the inflow member and the guide member toward the substrate.
Ku discloses in claim 19: The substrate processing device of claim 18, wherein a central hole (70/71) is formed in a central portion of the guide member to move gas, and the central hole communicates with the first buffer space.
Ku discloses in claim 20: The substrate processing device of claim 18, further comprising: a partition wall member (of 44) disposed in a first buffer space of the inlet member to have a cylindrical shape having a hole (either opening of 44 or that of 50) formed in an upper region.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Liang (US 11066747) discloses a substrate deposition chamber with shower head, main body and mixing buffer space inflow unit; Tsuji (US 11118262) discloses a gas mixing manifold over a gas injection unit for a substrate deposition chamber; Saido (US 20160284517) discloses a spiral dual mixing manifold chamber above an injection unit for the substrate processing chamber.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW W JELLETT, whose telephone number is 571-270-7497. The examiner can normally be reached on Monday-Friday (9:30AM-6:00PM EST).
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisors can be reached by phone. Ken Rinehart can be reached at (571)-272-4881, or Craig Schneider can be reached at (571) 272-3607. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Matthew W Jellett/Primary Examiner, Art Unit 3753
Prosecution Insights