Notice of Final-Rejection
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 .
Response to Arguments
Applicant's arguments filed on 07/07/2026 have been fully considered but they are not persuasive.
Issues (raised by applicant) :
Applicant argues that 1) Totsuka does not teach or suggest the claimed resonating structure 2) Totsuka does not teach calculating the resonance frequency of the claimed resonating structure 3) Claimed invention pursues a fundamentally different technical objective.
Rule:
1 In response to applicant’s argument that there is no teaching, suggestion, or motivation to suggest the claimed resonating structure, the examiner recognizes that obviousness may be established by combining or modifying the teachings of the prior art to produce the claimed invention where there is some teaching, suggestion, or motivation to do so found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art. See In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988), In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992), and KSR International Co. v. Teleflex, Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007).
2. In response to applicant's argument that resonators and resonating structure and related calculations, the test for obviousness is not whether the features of a secondary reference may be bodily incorporated into the structure of the primary reference; nor is it that the claimed invention must be expressly suggested in any one or all of the references. Rather, the test is what the combined teachings of the references would have suggested to those of ordinary skill in the art. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981).
3. In response to applicant's argument that Totsuka’s reference is nonanalogous art, it has been held that a prior art reference must either be in the field of the inventor’s endeavor or, if not, then be reasonably pertinent to the particular problem with which the inventor was concerned, in order to be relied upon as a basis for rejection of the claimed invention. See In re Oetiker, 977 F.2d 1443, 24 USPQ2d 1443 (Fed. Cir. 1992).
Analysis:
Examiner respectfully disagrees with applicant’s arguments. Examiner has used a reference which is relevant art of plasma processing. Examiner has done obviousness rejection but not anticipation rejection. Hence, examiner has taught a resonating structure and plasma processing using microwave energy. Hence, examiner has suggested a resonating structure and resonators length to transmit the energy. Also, Tetsuka, further teaches calculating the resonance frequency and transmitting path length in relevant paragraphs. Applicant himself has agreed that examiner has overly broad reading of the Tetsuka’s reference (See remarks page 4 paragraph 3). Examiner has respectfully acknowledge it and accepted that applicant has applied broadest reasonable interpretation to meet the claim limitations. Hence, examiner has met all the limitations directly as well as indirectly in a suggestive manner.
Applicant's arguments do not comply with 37 CFR 1.111(c) because they do not clearly point out the patentable novelty which he or she thinks the claims present in view of the state of the art disclosed by the references cited or the objections made. Further, they do not show how the amendments avoid such references or objections.
Conclusion.
Applicant’s arguments are not persuasive over Tetsuka reference.
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.
Claims 1, 2, and 7-14 are rejected under 35 U.S.C. 103 as being unpatentable over US7908104 B2 by Tetsuka et al (Tetsuka).
Referring to claim 1 Tetsuka Fig 1-10 teaches: A plasma processing apparatus (Fig 1 and Col 5 lines 27-42) comprising:
a processing chamber (item10 ) that provides a processing space ( See the Fig 1 the space between the vacuum window 12 and substrate 7 is regarded as processing space) where plasma processing is performed (see col 5 lines 27 to 32);
an electromagnetic wave generator (item 32) configured to generate electromagnetic waves to be supplied to the processing space (see col 5 lines 55-58);
a resonating structure disposed in the processing chamber and formed by arranging a plurality of resonators that are capable of resonating with a magnetic field component of the electromagnetic waves and have sizes smaller than a wavelength of the electromagnetic waves; (In another embodiment Tetsuka teaches using waves lengths half the wave length for determining the resonance frequency see col 7 lines 5 to 17).
a measurement part (item 3 measurement device unit col 5 lines 47-48) configured to measure, for each frequency, a power of the electromagnetic waves traveling from the electromagnetic wave generator to the resonating structure and a power of transmitted waves, reflected waves, or scattered waves of the electromagnetic waves in the resonating structure (see col 5, 47-58, col 6. lines 1-6 where Tetsuka teaches measuring unit measures the frequency spectrum of the incident power; col 8 lines 1-17) ; and
a controller (item 31 control unit col 5 lines 47-50), wherein prior to execution of the plasma processing (col 5 lines 59-65), the controller performs:
a measurement process for measuring the power of the electromagnetic waves and the power of the transmitted waves, the reflected waves, or the scattered waves with the measurement part, and a calculation process for calculating a resonance frequency of the resonating structure based on frequency distribution of characteristic values of the resonating structure, which are calculated from the power of the electromagnetic waves and the power of the transmitted waves, the reflected waves, or the scattered waves. (See Fig 5, 6 in another embodiment Tetsuka teaches col 9 lines 19 to 56 where the measurement unit calculating the measured frequency data).
Hence, it would have been obvious to a person with ordinary skill in the art before the effective filing of instant application to incorporate various embodiments of the Tetsuka in to a single embodiment in order to introduce resonance at various locations in the processing space in order to reduce the reflected waves (See Tetsuka col 8 lines 6 to 11).
Referring to claim 2 Tetsuka's modified reference teaches the plasma processing apparatus of claim 1, wherein during the plasma processing, the controller controls the electromagnetic wave generator to generate the electromagnetic waves including a frequency component in a target frequency band higher than the resonance frequency, thereby performing a resonance process in which the electromagnetic waves resonate with the resonating structure. (See Fig 1 high frequency electrode 13 and col 7 lines 18 -36 where Tetsuka teaches achieving a high frequency resonance power up to 3 GHz).
Referring to claim 7 Tetsuka's modified reference teaches the plasma processing apparatus of claim 1, further comprising: a waveguide ( item 13 electrode acts as a wave guide see col 5 lines 33-42) configured to guide the electromagnetic waves generated by the electromagnetic wave generator (item 32) to the processing space, wherein the measurement part measures, for each frequency, the power of the electromagnetic waves propagating through the waveguide and the power of the reflected waves propagating through the waveguide (Col 5 lines 59-65)..
Referring to claim 8 Tetsuka's modified reference teaches the plasma processing apparatus of claim 1, wherein the resonating structure is disposed along a first surface of a member (dielectric window item 12) disposed with the first surface facing the processing space (col 6 lines 42 to 45).
Referring to claim 9 Tetsuka's modified reference teaches the plasma processing apparatus of claim 8, further comprising: a dielectric (( item 12 vacuum window see col 5 lines 33-42) disposed with the first surface facing the processing space (See Fig 1, items 12, 13 plasma processing space between item 12 and item substrate 7), and an electromagnetic wave supply part (item 32) configured to supply the electromagnetic waves to the processing space via the dielectric, wherein the resonating structure is disposed along the first surface of the dielectric (Col 6 lines 42-48).
Referring to claim 10 Tetsuka Fig 1-10 teaches: A plasma processing apparatus (Fig 1 and Col 5 lines 27-42) comprising:
a processing chamber (item 10 ) that provides a processing space ( See the Fig 1 the space between the vacuum window 12 and substrate 7 is regarded as processing space) where plasma processing is performed (see col 5 lines 27 to 32) ;
an electromagnetic wave generator (item 32) configured to generate electromagnetic waves to be supplied to the processing space (see col 5 lines 55-58);
a resonating structure disposed in the processing chamber and formed by arranging a plurality of resonators that are capable of resonating with a magnetic field component of the electromagnetic waves and have sizes smaller than a wavelength of the electromagnetic waves; (In another embodiment Tetsuka teaches using waves lengths half the wave length for determining the resonance frequency see col 7 lines 5 to 17)
a measurement part (item 3 measurement device unit col 5 lines 47-48) configured to measure, for each frequency, a power of transmitted waves, reflected waves, or scattered waves of the electromagnetic waves in the resonating structure col 5, 47-58, col 6. lines 1-6 where Tetsuka teaches measuring unit measures the frequency spectrum of the incident power; col 8 lines 1-17) ; and
a controller (item 31 control unit col 5 lines 47-50), wherein prior to execution of the plasma processing (col 5 lines 59-65), the controller performs:
a measurement process for measuring the power of the electromagnetic waves and the power of the transmitted waves, the reflected waves, or the scattered waves with the measurement part, (See Fig 5, 6 in another embodiment Tetsuka teaches col 6 lines 18 -where the measurement unit calculating the measured frequency data) and
a calculation process ( item 36 processing unit Col 5 lines 47-58) for calculating a resonance frequency of the resonating structure based on frequency distribution of characteristic values of the resonating structure, which are calculated from the power of the electromagnetic waves and the power of the transmitted waves, the reflected waves, or the scattered waves. (See Fig 5, 6 in another embodiment Tetsuka teaches col 9 lines 19 to 56 where the measurement unit calculating the measured frequency data )
Hence, it would have been obvious to a person with ordinary skill in the art before the effective filing of instant application to incorporate various embodiments of the Tetsuka in to a single embodiment in order to introduce resonance at various locations in the processing space in order to reduce the reflected waves (See Tetsuka col 8 lines 6 to 11).
Referring to claim 11 Referring to claim 1 Tetsuka Fig 1-10 teaches A method for measuring (See claim 12) a resonance frequency of a resonating structure in a plasma processing apparatus (Fig 1 and Col 5 lines 27-42),
wherein the plasma processing apparatus includes:
a processing chamber (item10 ) that provides a processing space ( See the Fig 1 the space between the vacuum window 12 and substrate 7 is regarded as processing space) where plasma processing is performed (see col 5 lines 27 to 32) ;
an electromagnetic wave generator (item 32) configured to generate electromagnetic waves to be supplied to the processing space (see col 5 lines 55-58); .
as a resonating structure disposed in the processing chamber and formed by arranging a plurality of resonators that are capable of resonating with a magnetic field component of the electromagnetic waves and have sizes smaller than a wavelength of the electromagnetic waves; (In another embodiment Tetsuka teaches using waves lengths half the wave length for determining the resonance frequency see col 7 lines 5 to 17)
a measurement part (item 3 measurement device unit col 5 lines 47-48) configured to measure, for each frequency, a power of transmitted waves, reflected waves, or scattered waves of the electromagnetic waves in the resonating structure (see col 5, 47-58, col 6. lines 1-6 where Tetsuka teaches measuring unit measures the frequency spectrum of the incident power; col 8 lines 1-17) ; the method comprising:
measuring, prior to execution of the plasma processing, for each frequency, the power of the electromagnetic waves, and the power of the transmitted waves, the reflected waves, or the scattered waves by the measurement part (See Fig 5, 6 in another embodiment Tetsuka teaches col 6 lines 18 -where the measurement unit calculating the measured frequency data); and
calculating the resonance frequency of the resonating structure based on frequency distribution of characteristic values of the resonating structure ( item 36 processing unit Col 5 lines 47-58), which are calculated from the power of the electromagnetic waves and the power of the transmitted waves, the reflected waves, or the scattered waves. (See Fig 5, 6 in another embodiment Tetsuka teaches col 9 lines 19 to 56 where the measurement unit calculating the measured frequency data).
Hence, it would have been obvious to a person with ordinary skill in the art before the effective filing of instant application to incorporate various embodiments of the Tetsuka in to a single embodiment in order to introduce resonance at various locations in the processing space in order to reduce the reflected waves (See Tetsuka col 8 lines 6 to 11).
Referring to claim 12 Tetsuka's modified reference teaches the method of claim 11, further comprising: controlling, during the plasma processing, the electromagnetic wave generator to generate the electromagnetic waves including a frequency component in a target frequency band higher than the resonance frequency, thereby allowing the .electromagnetic waves to resonate with the resonating structure. (See Fig 1 high frequency electrode 13 and col 7 lines 18 -36 where Tetsuka teaches achieving a high frequency resonance power up to 3 GHz).
Referring to claim 13 Referring to claim 1 Tetsuka Fig 1-10 teaches: A method for measuring a resonance frequency of a resonating structure in a plasma processing apparatus (Fig 1 and Col 5 lines 27-42),
wherein the plasma processing apparatus includes:
a processing chamber (item10 ) that provides a processing space ( See the Fig 1 the space between the vacuum window 12 and substrate 7 is regarded as processing space) where plasma processing is performed (see col 5 lines 27 to 32) ;
an electromagnetic wave generator (item 32) configured to generate electromagnetic waves to be supplied to the processing space (see col 5 lines 55-58);
a resonating structure disposed in the processing chamber and formed by arranging a plurality of resonators that are capable of resonating with a magnetic field component of the electromagnetic waves and have sizes smaller than a wavelength of the electromagnetic waves; (In another embodiment Tetsuka teaches using waves lengths half the wave length for determining the resonance frequency see col 7 lines 5 to 17)
a measurement part (item 3 measurement device unit col 5 lines 47-48) configured to measure, for each frequency, a power of transmitted waves, reflected waves, or scattered waves of the electromagnetic waves in the resonating structure (see col 5, 47-58, col 6. lines 1-6 where Tetsuka teaches measuring unit measures the frequency spectrum of the incident power; col 8 lines 1-17) ;
the method comprising:
measuring, prior to execution of the plasma processing, for each frequency, the power of the transmitted waves, the reflected waves, or the scattered waves by the measurement part (See Fig 5, 6 in another embodiment Tetsuka teaches col 6 lines 18 -where the measurement unit calculating the measured frequency data);; and
calculating the resonance frequency of the resonating structure based on frequency distribution of the power of the transmitted waves, the reflected waves, or the scattered waves( item 36 processing unit Col 5 lines 47-58) (See Fig 5, 6 in another embodiment Tetsuka teaches col 9 lines 19 to 56 where the measurement unit calculating the measured frequency data).
Hence, it would have been obvious to a person with ordinary skill in the art before the effective filing of instant application to incorporate various embodiments of the Tetsuka in to a single embodiment in order to introduce resonance at various locations in the processing space in order to reduce the reflected waves (See Tetsuka col 8 lines 6 to 11).
Referring to claim 14 Tetsuka's modified reference teaches the method of claim 13, further comprising: controlling, during the plasma processing, the electromagnetic wave generator to generate the electromagnetic waves including a frequency component in a target frequency band higher than the resonance frequency, thereby allowing the electromagnetic waves to resonate with the resonating structure. (See Fig 1 high frequency electrode 13 and col 7 lines 18 -36 where Tetsuka teaches achieving a high frequency resonance power up to 3 GHz).
Allowable Subject Matter
Claims 3-6 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.
Conclusion
Claims 1,2, 7-14 are rejected over prior art.
Claims 3-6 are objected.
The prior of art made of record and not relied upon is considered to pertinent to applicant’s disclosure.
Applicants are directed to consider additional pertinent prior art included on the notice of references cited PTOL 892 attached here with. The examiner has pointed out particular references contained in the prior art of record within the body of this action for the convenience of the Applicants. Although the specified citations are representative of the teachings in the art and are applied to the specific limitations within the individual claim other passages and figures may apply. Applicant, in preparing the response should consider fully the entire reference as potentially teaching all or part of the claimed invention as well as the context of the passage as taught by the prior art or disclosed by the examiner.
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SRINIVAS SATHIRAJU whose telephone number is (571)272-4250. The examiner can normally be reached 8:30AM-3:30PM, 5PM -8:30PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, ALEXANDER H TANINGCO can be reached at 5712728048. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SRINIVAS SATHIRAJU/
08/21/2026
SRINIVAS . SATHIRAJU
Primary Examiner
Art Unit 2845
Prosecution Insights