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
Receipt is acknowledged of certified copies of papers 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:
Temperature measuring member (temperature sensor, para. [0043]) in at least claims 1-14.
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.
This application includes one or more claim limitations that use the word “means” or “step” but are nonetheless not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph because the claim limitation(s) recite(s) sufficient structure, materials, or acts to entirely perform the recited function. Such claim limitation(s) is/are:
Valve block part (valves, valve block, heater, gaskets, temperature measuring member para. [0053-0055], in at least claims 1-14.
Gas supply part (gas hub, branch line part, para. [0067]) in at least claims 1-14.
Branch line part (branched gas lines, para. [0067]) in at least claims 1-14.
Because this/these claim limitation(s) is/are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are not being interpreted to cover only the corresponding structure, material, or acts described in the specification as performing the claimed function, and equivalents thereof.
If applicant intends 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 remove the structure, materials, or acts that performs the claimed function; or (2) present a sufficient showing that the claim limitation(s) does/do not recite sufficient structure, materials, or acts to perform the claimed function.
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.
(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(s) 1-3, 6, 9-14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 20220267898 to Salinas.
Claim 1: Salinas discloses a substrate processing apparatus comprising: a substrate support (116 [support/susceptor], Fig. 1) on which a substrate (120 [substrate]) is supported (para. [0038]); a shower head part (112 [gas distribution plate]) provided to face the substrate support (116) and configured to inject a process gas toward the substrate (120); and a gas supply part (136 [manifold], Fig. 2B) configured to supply the process gas to the shower head part (112), wherein the gas supply part (136) comprises a valve block part (150/250) installed on an upper portion of the shower head part (112) to adjust a flow of the process gas (para. [0061]).
Claim 2: Salinas discloses wherein the process gas comprises a plurality of gases (para. [0038], Salinas), and the gas supply part (136) is configured to sequentially supply the plurality of gases to the shower head part (112, para. [0057], [0072]).
Claim 3: Salinas discloses wherein the valve block part (250, Fig. 2A/2B, Salinas) comprises: a plurality of valves (140/144/148/220 [ALD valves], Fig. 5A) to which a plurality of gas lines (“delivery lines,” para. [0041-0042]), through which the plurality of gases are supplied, are connected, respectively; and a valve block (304 [multivalve block]) fixed to a top surface of the shower head part (112) to support the plurality of valves (140/144/148/220, para. [0062]).
Claim 6: Salinas discloses wherein the valve block (250, Fig. 5A, Salinas) comprises an internal gas passage (internal gas passage of 250) connected to each of the plurality of gas lines (“delivery lines”), and the valve (140/144/148/220) is configured to control a flow of each of the plurality of gases in the internal gas passage (para. [0062]).
Claim 9: Salinas discloses wherein the valve block part (250, Fig. 2A/2B, Salinas) is directly connected to an inlet (108 [nozzle], Fig. 1) of the shower head part (112).
Claim 10: Salinas discloses wherein the plurality of gases comprise a source gas and a reactant gas (para. [0042]), and the source gas and the reactant gas are separated to be introduced into the inlet (108) of the shower head part (112, para. [0041]).
Claim 11: Salinas discloses further comprising a plurality of sub-chambers (“processing stations,” para. [0045], Fig. 2A-2C, Salinas), each of which is provided with the substrate support (116) and the shower head part (112) and in which processes are performed independently (para. [0109]), and the gas supply part (136) comprises: a gas hub (136) to which the process gas is supplied (para. [0061]); and a branch line part (“branch off lines,” para. [0046]) constituted by the gas lines (“delivery lines”) branched from the gas hub (136) and connected respectively to the shower head part (112) of each of the plurality of sub-chambers (“processing stations,” para. [0046]).
Claim 12: Salinas discloses wherein the gas hub (136, Fig. 2C, Salinas) is provided in plurality (para. [0046]) and each of the plurality of gases is supplied to each of the gas hubs (136), and the branch line part (branch off lines) is provided in each of the gas hubs (136, para. [0046]).
Claim 13: Salinas discloses wherein the plurality of valves (140/144/148/220 [ALD valves], Fig. 5A, Salinas) are connected respectively to the gas lines (“delivery lines”) that are connected to the shower head part (112) of the same sub-chamber (“processing station”) by extending in the same direction from the different gas hubs (136, Fig. 2A-2C).
Claim 14: Salinas discloses wherein the valve block part (250, Fig. 2A/2B, Salinas) is configured as an integrated type (Fig. 2A-2C).
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) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Salinas as applied to claims 1-3, 6, 9-14 above, and further in view of US 20170350011 to Marquardt.
Claim 4: Salinas does not disclose wherein the valve block part further comprises a heater configured to heat the valve block.
However Marquardt discloses wherein the valve block part (112 [valve blocks, Fig. 2) further comprises a heater (126 [heaters]) configured to heat the valve block (112, para. [0051]) for the purpose of disposing to maintain a constant temperature throughout the valve blocks (para. [0051]).
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 heater as taught by Marquardt with motivation to dispose to maintain a constant temperature throughout the valve blocks.
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Salinas in view of Marquardt as applied to claims 4 above, and further in view of US 20030101938 to Ronsse.
Claim 5: The apparatus of Salinas in view of Marquardt does not disclose wherein the valve block part further comprises a temperature measuring member configured to measure a temperature of the valve block.
However Ronsse discloses wherein the valve block part (828 [valve block], Fig. 21) further comprises a temperature measuring member (204 [thermocouple]) configured to measure a temperature of the valve block (828, para. [0162]) for the purpose of monitoring the temperature and providing feedback to the temperature controllers (para. [0162]).
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 temperature measuring member as taught by Ronsse with motivation to monitor the temperature and providing feedback to the temperature controllers.
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Salinas as applied to claims 1-3, 6, 9-14 above, and further in view of US 5918593 to Loser.
Claim 7: Salinas does not disclose wherein an inner surface of the internal gas passage is surface-treated.
However Loser discloses wherein an inner surface of the internal gas passage (inner surface of 20/21 [valve block], Fig. 1) is surface-treated (“polished surfaces”) for the purpose of reducing adhesion of fluid on the surfaces (c. 5, l. 25-36).
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 treatment requirement of Loser with motivation to reduce adhesion of fluid on the surfaces.
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Salinas as applied to claims 1-3, 6, 9-14 above, and further in view of US 20230228339 to Min.
Claim 8: Salinas does not disclose wherein the valve block part further comprises a plurality of gaskets, each of which is provided between each of the plurality of valves and the valve block.
Min discloses wherein the valve block part (4 [block valve], Fig. 3) further comprises a gasket (422a [closing member], Fig. 3), each of which is provided between the valve (422 [valve body]) and the valve block (41 [block body] of 4), for the purpose of reinforcing more a closing force using the closing member (para. [0067]).
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 gasket as taught by Min with motivation to reinforce more a closing force using the closing member.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 20250137128 discloses a process gas supply device including a plurality of gas hubs, a plurality of gas lines 120, and heat generating element 133 (para. [0040-0048]).
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
