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 .
Information Disclosure Statement
Please note that the references on the IDS filed 02/07/2025 appear to be the same as the references filed on 01/15/2025 and therefore have been crossed-out.
Claim Objections
Claims 1-13 are objected to because of the following informalities: claim 1, lines 12-13, “the primary or secondary side” should read --a primary or secondary side--. Appropriate correction is required.
Claims not specifically referenced are objected to as being dependent on an objected to base claim.
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, 2, and 10-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Komori et al. (U.S. 2016/0273101) in view of Nagase et al. (U.S. 2014/0190581), in further view of Komori (JP2022048820, with reference taken from corresponding U.S. 2023/0311023; hereinafter Komori 2023).
Regarding claim 1, Komori discloses a mixed gas supply device (12) that supplies a mixed gas containing at least one kind of gas of a film forming material by adjusting the concentration of the film forming material in the mixed gas, comprising: a raw material container (3A) that contains the film forming material (see paragraphs 0022, 0023); a first heater (5) that heats the raw material container 3A (see paragraph 0023); a carrier gas-introduction path (41) that introduces a carrier gas (31) into the raw material container 3A (see paragraphs 0022, 0025; see Figure 1); a mixed gas-lead-out path (421) that leads the mixed gas out of the raw material container 3A (see Figure 1; see paragraph 0026); a mixed gas-measuring device (741) that is located in the mixed gas lead-out path (421) on the primary or secondary side of a pressure device (72) and that measures the concentration or the flow rate of the mixed gas (see paragraph 0028).
Komori fails to disclose a second heater that heats the mixed gas lead-out path; a pressure adjusting device that is located in the mixed gas lead-out path and that adjusts the pressure in the raw material container; one or more buffer tanks that are located in the mixed gas lead-out path.
Nagase teaches a gas supply apparatus comprising a second heater (15) that heats a mixed gas lead-out path 9 (see paragraph 0036; see Figure 1); a pressure adjusting device (27) that is located in a mixed gas lead-out path (G0) and that adjusts a pressure in a raw material container 25 (see paragraph 0009; see Figure 4).
It would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to have modified Komori to provide a second heater that heats the mixed gas lead-out path; a pressure adjusting device that is located in the mixed gas lead-out path and that adjusts the pressure in the raw material container. Doing so would ensure the required flow rate and pressure (see paragraph 0046) and accurately control the flow rate (see paragraph 0014), as recognized by Nagase.
The combination fails to teach one or more buffer tanks that are located in the mixed gas lead-out path.
Komori 2023 teaches a gas supply apparatus comprising one or more buffer tanks (53) that are located in a mixed gas lead-out path L12 (see paragraph 0038; see Figure 1).
It would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to have modified Komori to provide one or more buffer tanks that are located in the mixed gas lead-out path. Doing so would allow a large flow rate of gas into the processing chamber in a short time (see paragraph 0038), as recognized by Komori 2023.
Regarding claim 2, Komori as modified teaches the invention as essentially claimed, and the combination further teaches wherein the buffer tank comprises a first buffer tank that is located on the secondary side of the mixed gas-measuring device.
Further regarding this limitation, as seen in Figure 1 of Komori 2023, the buffer tank 53 is on the right side of the mass flow meter 52, which corresponds to the mass flow meter 741 of Komori. Therefore the combination teaches buffer tank 53 on to the right (secondary side) of MFM 741.
Regarding claim 10, please note that the material or article worked upon does not limit apparatus claims (see MPEP 2115). However, Komori as modified teaches the invention as essentially claimed, and the combination further teaches wherein the film forming material is one or more compounds selected from the group consisting of a metal containing compound, a nitrogen containing compound, a carbon containing compound, and an oxygen containing compound (see paragraph 0086).
Regarding claim 11, please note that the material or article worked upon does not limit apparatus claims (see MPEP 2115).
Regarding claim 12, Komori as modified teaches the invention as essentially claimed, and the combination further teaches wherein the mixed gas supply device further comprises a bypass path (412) that is branched off from the carrier gas-introduction path (41), bypasses the raw material container (3A) and merged with the mixed gas lead-out path 421.
Further regarding this limitation, the two paths merge at line 42, as seen in Figure 1.
Regarding claim 13, Komori as modified teaches the invention as essentially claimed, and the combination further teaches wherein the mixed gas supply device further comprises one or more exhaust paths (42, 43) that are branched off from the mixed gas lead-out path (421), and exhaust the mixed gas in the mixed gas lead-out path 421 (see Figure 1).
Allowable Subject Matter
Claims 3-9 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Suzuki (U.S. 2013/0340506) discloses a gas supply system with buffer tank.
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/KELSEY E CARY/Primary Examiner, Art Unit 3753