DETAILED ACTION
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 and 2 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bach (2004/0082251).
Bach teaches a substrate treating apparatus comprising:
- a chamber housing, see Fig. 1, 28, including a substrate support, 7,
- a plasma generation unit, see Fig. 13 [0029],
- a showerhead assembly Fig. 3A [0040] in the chamber, the assembly comprising:
- a lower plate, 5,
- a shower head disposed on the lower plate, 3,
- a gas distribution plate disposed on the showerhead, see gas channel plate, 2,
- and an upper plate, see 4, disposed on the gas distribution plate.
Wherein not particularly limited as for the means of attaching/detaching, the showerhead is as noted, see particularly bolts 35 [0040] attaching showerhead to the distribution plate, but, in any case the entire assembly is removable (as the system is understood to be able to be disassembled).
Regarding claim 2, as described per [0040], only the showerhead, i.e. gas distribution plate 3 of Bach is able to be changed out by removing the bolts.
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.
Claims 3, 11, 12, 19 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Bach in view of Hytros (2003/0124842).
The teachings of Bach are described above, they include one shower head in the shower assembly, but Hytros teaches that a useful showerhead design includes two plates for controlling gas flow, Figs. 5/6 and [0029-31]. It would have been obvious to one of ordinary skill in the art before the effective date of the invention to include multiple plates as Hytros teaches that such an embodiment is useful.
Regarding claims 11 and 12, the step of inserting the plate(s) is a process of making the apparatus and not limiting to the apparatus. See product by process per MPEP 2113, wherein the product is not limited by the process of making.
Regarding claims 19 and 20, all elements of the claim are taught as per the combined art above, including:
- the chamber, support, and showerhead assembly as per Bach, with the lower plate, shower head, distribution plate, upper plate
- the shower head comprising first and second plates as per Hytros,
- with the showerhead being detachable and replaceable as per Bach claims 1 and 2.
In further regard to claim 20, the ‘insertion’ of the plates is addressed as product by process per claims 11 and 12.
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Bach in view of Son (2020/0277702).
The teachings of Bach are described above – the teachings do not include a plurality of studs as claimed. Hytros, however, teaches that in forming a showerhead with multiple plates, it is effective to include a plurality of studs that extend between the multiple plates and into grooves in the plates’ surfaces, see Fig. 5 and [0048-50]. It would have been obvious to one of ordinary skill in the art before the effective date of the invention to apply the studs of Hyrtos and multiple plates to the showerhead assembly of Bach as Hyrtos teaches such is a useful manner of forming the same.
Allowable Subject Matter
Claims 4-10, 13-16, and 18 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. There is no particular reason to include an inclined portion as claimed in claims 4 and 13 and there is no motivation to include an elastic portion in the groove of claim 18.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Kilpela (2003/0075273) teaches a showerhead plate placed in a groove.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSEPH A MILLER, JR whose number is (571)270-5825 and fax is (571)270-6825. If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Michael Cleveland, can be reached on 571-272-1418. The fax number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JOSEPH A MILLER, JR/ Primary Examiner, Art Unit 1712
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