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 .
Priority
Acknowledgment is made of applicant's claim for foreign priority based on an application filed in Republic of Korea on 01/02/2024. It is noted, however, that applicant has not filed a certified copy of the KR10-2024-0000497 application as required by 37 CFR 1.55.
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.
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:
Load unit (load capacitor load inductor, para. [0029]) in at least one of claims 1-20.
Compensation circuits (any one or more of a compensation capacitor, compensation variable capacitor, compensation inductor, para. [0031]) in at least one of claims 1-20.
Control unit (oscillators, resistors, capacitors, phase lock loops, custom hardware and/or a CPU executing instructions stored in memory, para. [0034]) in at least one of claims 1-20.
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.
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.
Claim Rejections - 35 USC § 112
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 1-10 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.
Claim 1 recites the limitation " a load unit electrically connected to one side of the power generator and configured to transmit the first harmonic signal and the compensation signal to a sensor; and a controller connected to the power generator and the sensor, wherein the sensor is provided between the load unit and an electrode configured to generate plasma based on receiving the first harmonic signal and the compensation signal," in in the claim. “Sensor” is not yet positively recited. Examiner interprets broadly. Appropriate clarification is requested.
Claims 11-18 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.
Claim 11 recites the limitation " a sensor provided on an electrode of the plasma chamber and configured to measure a voltage and a current of each of the first harmonic signal and the compensation signal;" in in the claim. “Electrode” is not yet positively recited. Examiner interprets broadly. Appropriate clarification is requested.
Claim Rejections - 35 USC § 103
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 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.
Claim(s) 19-20, 11-16, 1, 8-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 20240371605 to Guo in view of US 20230275571 to Matsuyama.
Claims 11, 1, 9, 19: Guo discloses (claims 19, 11, 1) a plasma generation circuit for supplying power to a plasma chamber, the plasma generation circuit comprising: a power generator (171/502, Fig. 3, 5A) comprising a first function output unit (502 [generator], Fig. 5A) configured to generate a first harmonic signal transmitted to the plasma chamber (100 [plasma chamber], para. [0070]) and a second function output unit (171 [generator]) configured to generate a compensation signal (para. [0027], [0027-0028]);
(claims 19, 11, 9) a filter (312 [tuning circuit]) electrically connected to the power generator (171/502) and configured to adjust the first harmonic signal and the compensation signal (para. [0064, 0068]); (claims 19, 11, 1) a sensor (117 [sensor]) provided on an electrode (136 [substrate support assembly], Fig. 1A) of the plasma chamber (100) and configured to measure a voltage and a current of each of the first harmonic signal and the compensation signal (para. [0035]); and
a controller (302/126 [controller], Fig. 5A) connected to the power generator (171/502), the filter (312), and the sensor (117), wherein the controller (302/126) is configured to generate a control signal based on the first harmonic signal received from the sensor (para. [0056]), (claims 19, 11) wherein the control signal is transmitted to the power generator and the filter, wherein the compensation signal is generated based on the control signal generated by the second function output unit (para. [0057-0059]), (claims 19, 11, 9) wherein the filter (312) comprises a plurality of compensation circuits (para. [0057]), (claims 19, 11) and wherein impedances of the plurality of compensation circuits are adjusted by the control signal generated by the controller (para. [0057]).
It is noted that limitations drawn to adjusting and transmitting are drawn to intended use of the apparatus, thus the courts have held that 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. MPEP 2114 II.
However Guo does not explicitly disclose (claims 11, 1) a load unit located between the power generator and the sensor and configured to transmit the first harmonic signal and the compensation signal generated by the power generator to the sensor.
Matsuyama discloses (claims 19, 11, 1) a load unit (20 [load device], Fig. 1) located between the power generator (10 [AC power supply]) and the sensor (30[current sensor]) and configured to transmit the first harmonic signal and the compensation signal generated by the power generator to the sensor (para. [0054]) for the purpose of reducing distortion of the load current supplied from the AC power supply (para. [0054]).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to incorporate the limitation above as taught by Matsuyama with motivation to reduce distortion of the load current supplied from the AC power supply.
Claims 20, 8: The apparatus of Guo in view of Matsuyama discloses wherein the first harmonic signal generated by the first function output unit is compensated considered capable to be for by the compensation signal generated by the second function output unit at the electrode (para. [0070]). See also above case law as the limitation appears to be drawn to intended use of the apparatus.
Claims 20, 10: The apparatus of Guo in view of Matsuyama discloses wherein each of the plurality of compensation circuits is considered capable to be configured to match impedances at respective frequencies of the first harmonic signal generated by the first function output unit and the compensation signal generated by the second function output unit, and wherein the impedances are adjusted by the controller (para. [0070]). See also above case law as the limitation appears to be drawn to intended use of the apparatus.
Claims 19, 12: The apparatus of Guo in view of Matsuyama discloses wherein the electrode (136, Fig. 1A, Guo) comprises an upper electrode (123 [upper electrode]) and a lower electrode (136), and at least one compensation circuit of the plurality of compensation circuits is connected to the upper electrode (123) para. [0027]).
Claims 20, 13: The apparatus of Guo in view of Matsuyama discloses wherein a first compensation circuit (312, Fig. 5B, Guo) among the plurality of compensation circuits (312) comprises a compensation capacitor (508 [capacitive element]), a compensation variable capacitor (512 [capacitive element]), and a compensation inductor (506 [second winding], para. [0057], [0069]).
Claim 14: The apparatus of Guo in view of Matsuyama discloses wherein the compensation inductor (506, Fig. 5B, Guo) is connected in series to one of the compensation capacitor and the compensation variable capacitor (512, para. [0069]).
Claim 15: The apparatus of Guo in view of Matsuyama discloses wherein the compensation inductor (506, Fig. 5B, Guo) is connected in parallel to one of the compensation capacitor (508, para. [0069]) and the compensation variable capacitor.
Claim 16: The apparatus of Guo in view of Matsuyama discloses an impedance of each of the plurality of compensation circuits is considered capable to be matched with a frequency of each of the first harmonic signal and the compensation signal (para. [0070]). See also above case law as the limitation appears to be drawn to intended use of the apparatus.
Claim(s) 20, 17-18, 2-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Guo in view of Matsuyama as applied to claims 11-16, 1, 8-10 above, and further in view of US 20220400449 to Mori.
Claims 17, 2, 3, 18, 5: The apparatus of Guo in view of Matsuyama does not disclose (claims 17, 2, 3) wherein the second function output unit comprises: a control signal analyzer configured to analyze the control signal received from the controller; a pulse synchronizer configured to generate the compensation signal having a frequency that is the same as a frequency as the first harmonic signal; a clock pulse generator configured to generate the compensation signal; and a control unit configured to control a phase, the frequency, and an amplitude of the compensation signal; (claims 18, 5) wherein the compensation signal is different from the first harmonic signal in at least one of an amplitude, a shape, a slope, and a phase.
However Mori discloses (claims 17, 2, 3) wherein the function output unit (10 [RF generator], Fig. 2) comprises: a control signal analyzer (78 [modulation controller]) configured to analyze the control signal received from the controller (not shown, para. [0024]); a pulse synchronizer (82 [pulse and level control circuit]) configured to generate the compensation signal having a frequency that is the same as a frequency as the first harmonic signal (para. [0028-0029]); a clock pulse generator (22 [signal generator]) configured to generate the compensation signal (para. [0025]); and a control unit (26 [signal modulator]) configured to control a phase, the frequency, and an amplitude of the compensation signal (para. [0025]); (claims 18, 5) wherein the compensation signal is different from the first harmonic signal in at least one of an amplitude, a shape, a slope, and a phase (para. [0028]). Mori discloses the above limitations for the purpose of holding the RF output power at the desired level based on feedback signals, varying RG generator output levels due to temperature variations of the components of the generator (para. [0003]).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to incorporate the limitations above as taught by Mori with motivation to hold the RF output power at the desired level based on feedback signals, varying RG generator output levels due to temperature variations of the components of the generator.
Claims 20, 4, 6-7: The apparatus of Guo in view of Matsuyama does not disclose (claim 4) wherein the second function output unit comprises: a digital to analog converter (DAC); and an amplifier; (claims 20, 6) wherein a first frequency of the first harmonic signal generated by the first function output unit is a fundamental frequency, and a second frequency of the compensation signal generated by the second function output unit is an even multiple of the fundamental frequency; (claims, 20, 7) wherein a first frequency of the first harmonic signal generated by the first function output unit is a fundamental frequency, and a second frequency of the compensation signal generated by the second function output unit is an odd multiple of the fundamental frequency.
Mori discloses (claim 4) wherein the second function output unit (10, Fig. 2, Mori) comprises: a digital to analog converter (DAC) (80 [DAC], para. [0025]); and an amplifier (30 [para. [0025]); (claims 20, 6) wherein a first frequency of the first harmonic signal generated by the first function output unit is a fundamental frequency, and a second frequency of the compensation signal generated by the second function output unit is an even multiple of the fundamental frequency (para. [0032]); (claims 20, 7) wherein a first frequency of the first harmonic signal generated by the first function output unit is a fundamental frequency, and a second frequency of the compensation signal generated by the second function output unit is an odd multiple of the fundamental frequency (para. [0032]). Mori discloses the above limitations for the purpose of holding the RF output power at the desired level based on feedback signals, varying RG generator output levels due to temperature variations of the components of the generator (para. [0003]).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to incorporate the limitations above as taught by Mori with motivation to hold the RF output power at the desired level based on feedback signals, varying RG generator output levels due to temperature variations of the components of the generator.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Charlee J. C. Bennett whose telephone number is (571)270-7972. The examiner can normally be reached M-Th 10am-6pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Gordon Baldwin can be reached at 5712725166. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Charlee J. C. Bennett/Primary Examiner, Art Unit 1718
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