Detailed Correspondence
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 Amendment
Applicants’ submission, filed on 10/03/2025, in response to claims 1-20 rejection from the non-final office action (06/04/2025), by amending claim 20 is entered and will be addressed below.
The examiner notice claim 20 amendment is for the claim objection only. Applicants called the examiner noting there is a typo in the amendment and the examiner suggests file a supplemental amendment. However, the new claim set, on the same day, 10/03/2025, seems to be the same. There is no error in marking in claim 1 in either set.
Claim Interpretation
The following are considered an intended use of the apparatus
“a first vaporizer positioned within the vacuum enclosure and configured to selectively vaporize a first dopant species” of claim 1,
“a second vaporizer positioned within the vacuum enclosure and configured to selectively vaporize a second dopant species” of claim 5,
“the first dopant species is configured to define singly-charged ions in the arc chamber, and wherein the second dopant species is configured to define multiply-charged ions in the arc chamber” of claim 12,
“wherein the first valve is configured to control the flow of the first dopant vapor from the first vaporizer environment to the arc chamber environment based, at least in part, on a first vaporizer temperature associated with the first vaporizer environment” of claim 13,
“wherein the first valve is configured to selectively prevent the flow of the first dopant vapor from the first vaporizer environment to the arc chamber environment when the first vaporizer temperature is greater than a first predetermined temperature” of claim 14,
“wherein the first predetermined temperature is approximately 150oC” of claim 15,
“wherein the first dopant species comprises aluminum” of claim 17,
“wherein the first dopant vapor comprises AICl3 or (AICl3)2” of claim 18,
“wherein the first relief valve is configured to exhaust the first vaporizer to the vacuum environment when a first vaporizer pressure within the first vaporizer environment exceeds a predetermined pressure” of claim 19,
When the apparatus is capable of use these dopants in the vaporizer and/or operating the claim temperature, is considered reading into these claims.
It has been held that claim language that simply specifies an intended use or field of use for the invention generally will not limit the scope of a claim (Walter, 618 F.2d at 769, 205 USPQ at 409; MPEP 2106). Additionally, in apparatus claims, intended use must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim (In re Casey, 152 USPQ 235 (CCPA 1967); In re Otto, 136 USPQ 458, 459 (CCPA 1963); MPEP2111.02). When the structure recited in the reference is substantially identical to that of the claims, claimed properties or functions are presumed to be inherent (In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977); MPEP 2112.01).
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1, 5-6, and 12-19 are rejected under 35 U.S.C. 103 as being unpatentable over Horsky et al. (US 20100148089, hereafter ‘089).
‘089 teaches some limitations of:
Claim 1: ION IMPLANTATION ION SOURCE (title, includes the claimed “An ion source for an ion implantation system”),
The mounting flange 7 attached to the ionization chamber 5, e.g., allows mounting of the ion source 1 to the vacuum housing of an ion implanter, (see FIG. 8) (Fig. 3, [0172], 5th sentence, includes the claimed “the ion source comprising: a vacuum enclosure defining a vacuum environment therein”);
When the vaporizer valve 3 is in the open position, vaporized gases from the vaporizer 2 can flow through the vaporizer valve 3 to inlet channel 15 into the open volume of the ionization chamber 16 ([0173], includes the claimed “an arc chamber generally defining an arc chamber environment therein, wherein the arc chamber is positioned within the vacuum enclosure and comprises an arc chamber conduit in fluid communication with the arc chamber environment”);
The vaporizer 2 is attached to the vaporizer valve 3 ([0172], 2nd sentence), A number of dopant feed materials have previously been used ([0004], 5th sentence), BF3 ([0007], includes the claimed “a first vaporizer configured to selectively vaporize a first dopant species to define a first dopant vapor within a first vaporizer environment defined therein, and wherein the first vaporizer comprises a first vaporizer conduit in fluid communication with the first vaporizer environment; and a first valve fluidly coupled to the arc chamber conduit and the first vaporizer conduit, wherein the first valve is configured to selectively control a flow of the first dopant vapor from the first vaporizer environment to the arc chamber environment”).
Fig. 3 of ‘089 does not expressly teaches the other limitations of:
Claim 1: (a first vaporizer) positioned within the vacuum enclosure;
(a first valve) positioned within the vacuum enclosure.
‘089 further teaches that The ion source a is mounted to the vacuum system of the ion implanter through a mounting flange b (Fig. 2, [0018], 4th sentence), Also provided are dual vaporizer ovens e, f inside of the mounting flange in which solid feed materials such as As, Sb2O3, and P may be vaporized. ([0018], 6th sentence, in short, the vaporizer is inside the vacuum enclosure).
Before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to have re-arranged the vaporizer 2 from outside the flange 7 to inside the flange under vacuum environment. It has been held that rearranging parts of an invention only involves routine skill in the art. MPEP 2144.04 VI C.
‘089 further teaches the limitations of:
Claims 5-6: The embodiment of FIG. 3E illustrates a dual vaporizer construction, having the capabilities previously described ([0181], Fig. 2 also show dual vaporizer e and f within vacuum, includes the claimed “further comprising a second vaporizer positioned within the vacuum enclosure and configured to selectively vaporize a second dopant species to define a second dopant vapor within a second vaporizer environment defined therein, and wherein the second vaporizer comprises a second vaporizer conduit in fluid communication with the second vaporizer environment” of claim 5, “further comprising a second valve positioned within the vacuum enclosure and fluidly coupled to the arc chamber and the second vaporizer conduit, wherein the second valve is configured to selectively control a flow of the second dopant vapor from the second vaporizer environment to the arc chamber environment” of claim 6).
Claims 12 and 17-18: by placing appropriate material in the dual vaporizer, the apparatus is capable of the claimed “wherein the first dopant species is configured to define singly-charged ions in the arc chamber, and wherein the second dopant species is configured to define multiply-charged ions in the arc chamber” of claim 12, “wherein the first dopant species comprises aluminum” of claim 17, and “wherein the first dopant vapor comprises AICl3 or (AICl3)2“).
Claims 13-15: by manually operating the valve 3, the apparatus is capable of “
wherein the first valve is configured to control the flow of the first dopant vapor from the first vaporizer environment to the arc chamber environment based, at least in part, on a first vaporizer temperature associated with the first vaporizer environment” of claim 13, “wherein the first valve is configured to selectively prevent the flow of the first dopant vapor from the first vaporizer environment to the arc chamber environment when the first vaporizer temperature is greater than a first predetermined temperature” of claim 14, and “wherein the first predetermined temperature is approximately 150oC” of claim 15.
Claim 16: The body of vaporizer 2 is made of machined aluminum, and houses a water bath 17 which surrounds a crucible 18 containing a solid feed material such as decaborane 19. The water bath 17 is heated by a resistive heater plate 20 ([0174], includes the claimed “wherein the first vaporizer comprises a crucible and a crucible heater, wherein the crucible is configured to generally contain the first dopant species in one or more of a solid state and a liquid state, and wherein the crucible heater is configured to selective heat the crucible to a predetermined vaporization temperature”).
Claim 19: The vent line 93, and associated valve 94 enables relief of vacuum within the vaporizer prior to performing maintenance and as well may be used to evacuate and outgas the vaporizer after recharging (Fig. 3D, [0180], includes the claimed “wherein the first valve further comprises a first relief valve in selective fluid communication with the vacuum environment, wherein the first relief valve is configured to exhaust the first vaporizer to the vacuum environment when a first vaporizer pressure within the first vaporizer environment exceeds a predetermined pressure”, note the relief valve 94 is capable of relieve high pressure in the vaporizer).
Claims 2-3, 7-8, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over ‘089, as being applied to claims 1 and 6 rejection above, in view of Wen (CN 106756865, hereafter ‘865).
‘089 teaches some limitations of:
Claims 2 and 7: The closed-loop temperature control system incorporates a PID (Proportional Integral Differential) controller ([0097], 8th sentence, includes the claimed “ further comprising a controller”).
‘089 does not teach the other limitations of:
Claim 2: wherein the first valve comprises a first automated valve, and wherein the controller is configured to control the first automated valve to selectively control the flow of the first dopant vapor from the first vaporizer environment to the arc chamber environment, wherein the control of the first automated valve is based, at least in part, on one or more desired arc chamber conditions associated with the arc chamber.
Claim 3: wherein the first automated valve comprises a solenoid valve.
Claim 7: wherein the first valve comprises a first automated valve, wherein the second valve comprises a second automated valve, and wherein the controller is configured to control the first automated valve and the second automated valve to respectively selectively control the flow of the first dopant vapor from the first vaporizer environment to the arc chamber environment and the second dopant vapor from the second vaporizer environment to the arc chamber environment, based, at least in part, on one or more desired arc chamber conditions associated with the arc chamber.
Claim 8: wherein one or more of the first automated valve or the second automated valve comprises a respective solenoid valve.
‘865 is analogous art in the field of A Magnetic Control Sputtering Reaction Atmosphere From Feedback Control System And Using Method Thereof (title, same as sputtering in the instant application, p10, line 12), the vacuum chamber is provided with a magnetron, a magneto-electric pipe is set with discharge plasma (abstract). ’865 teaches that as shown in FIG. 1. A magnetic control sputtering reaction atmosphere from feedback control system, composed of a magnetic control sputtering device and feedback control device, a magnetic control sputtering device comprises a reaction gas storage device 1 and vacuum chamber 4. reaction gas storage device 1 through gas-guide tube connected with the vacuum chamber 4, the vacuum chamber 4 is provided with a magnetron 8, magnetron 8 is provided with discharge plasma 3, feedback control device is comprised of light probe 11, a spectrometer 10, a controller 9 and a solenoid valve 2; light probe 11 located in the vacuum chamber 4, a spectrometer 10 is connected through fiber 5 and light detector 11, controller 9 and spectrometer 10 are connected electrically, the controller 9 and solenoid valve 2 are electrically connected. spectrometer 10 comprises a monochromator 6 and the photomultiplier 7, light probe 11 and the monochromator 6 is connected through fiber 5, monochromator 6 and the photomultiplier 7 is connected through fiber 5, photomultiplier 7 and the controller 9 are electrically connected. controlling reaction magnetic control sputtering plating reaction injection rate to time of gas accurately (bottom of page 4 to top of page 5, the light is clearly detecting a plasma/arc condition), for the purpose of precisely control all the parameters can be used for realizing the process (1st paragraph of page 2).
Before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to have added a solenoid valve 2 with feedback control including light probe of ‘865, between each of the vaporizer 2 and the ionization chamber 16 in Fig. 3E of ‘089, for the purpose of precisely control all the parameters can be used for realizing the process (1st paragraph of page 2).
‘089 also teaches some limitations of:
Claim 20: ION IMPLANTATION ION SOURCE (title, includes the claimed “An ion source for an ion implantation system”),
The mounting flange 7 attached to the ionization chamber 5, e.g., allows mounting of the ion source 1 to the vacuum housing of an ion implanter, (see FIG. 8) (Fig. 3, [0172], 5th sentence, includes the claimed “the ion source comprising: a vacuum enclosure defining a vacuum environment therein”);
When the vaporizer valve 3 is in the open position, vaporized gases from the vaporizer 2 can flow through the vaporizer valve 3 to inlet channel 15 into the open volume of the ionization chamber 16 ([0173], includes the claimed “an arc chamber generally defining an arc chamber environment therein, wherein the arc chamber is positioned within the vacuum enclosure and comprises an arc chamber conduit in fluid communication with the arc chamber environment”);
The vaporizer 2 is attached to the vaporizer valve 3 ([0172], 2nd sentence), A number of dopant feed materials have previously been used ([0004], 5th sentence), BF3 ([0007], includes the claimed “a first vaporizer configured to selectively vaporize a first dopant species to define a first dopant vapor within a first vaporizer environment defined therein, and wherein the first vaporizer comprises a first vaporizer conduit in fluid communication with the first vaporizer environment; a first valve fluidly coupled to the arc chamber conduit and the first vaporizer conduit, wherein the first solenoid valve is configured to selectively control a flow of the first dopant vapor from the first vaporizer environment to the arc chamber environment”),
The embodiment of FIG. 3E illustrates a dual vaporizer construction, having the capabilities previously described ([0181], includes the claimed “a second vaporizer configured to selectively vaporize a second dopant species to define a second dopant vapor within a second vaporizer environment defined therein, and wherein the second vaporizer comprises a second vaporizer conduit in fluid communication with the second vaporizer environment. a second valve fluidly coupled to the arc chamber and the second vaporizer conduit, wherein the second solenoid valve is configured to selectively control a flow of the second dopant vapor from the second vaporizer environment to the arc chamber environment’);
The closed-loop temperature control system incorporates a PID (Proportional Integral Differential) controller ([0097], 8th sentence, includes the claimed “a controller”).
Fig. 3 of ‘089 does not expressly teaches the other limitations of:
Claim 20: (20A) (a first vaporizer) positioned within the vacuum enclosure;
(a first) solenoid (valve) positioned within the vacuum enclosure,
(a second vaporizer) positioned within the vacuum enclosure;
(a second) solenoid (valve) positioned within the vacuum enclosure;
(20B) (a controller) configured to control the first solenoid valve and the second solenoid valve to respectively selectively control the flow of the first dopant vapor from the first vaporizer environment to the arc chamber environment and the second dopant vapor from the second vaporizer environment to the arc chamber environment, based, at least in part, on one or more desired arc chamber conditions associated with the arc chamber.
‘089 further teaches that The ion source a is mounted to the vacuum system of the ion implanter through a mounting flange b (Fig. 2, [0018], 4th sentence), Also provided are dual vaporizer ovens e, f inside of the mounting flange in which solid feed materials such as As, Sb2O3, and P may be vaporized. ([0018], 6th sentence, in short, the vaporizer is inside the vacuum enclosure).
Before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to have re-arranged the two vaporizers 2 of Fig. 3E from outside the flange 7 to inside the flange under vacuum environment. It has been held that rearranging parts of an invention only involves routine skill in the art. MPEP 2144.04 VI C.
‘865 is analogous art as discussed above.
Before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to have added a solenoid valve 2 with feedback control including light probe of ‘865, between each of the vaporizer 2 and the ionization chamber 16 in Fig. 3E of ‘089, for the purpose of precisely control all the parameters can be used for realizing the process (1st paragraph of page 2).
Claims 4 and 9-11 are rejected under 35 U.S.C. 103 as being unpatentable over ‘089 and ‘865, as being applied to claims 3, 8, and 7 rejection above, further in view of Versteeg et al. (US 5451260, hereafter ‘260).
The combination of ‘089 and ‘865 does not teach the limitations of:
Claims 4: wherein the controller is configured to control a duty cycle of the solenoid valve, thereby selectively controlling the flow of the first dopant vapor from the first vaporizer environment to the arc chamber environment, wherein the flow of the first dopant vapor from the first vaporizer environment to the arc chamber environment is selectively variable between zero and 100%.
Claim 9: wherein the controller is configured to control a duty cycle of the respective solenoid valve.
Claim 10: wherein the controller is further configured to control a switching frequency of the respective solenoid valve, wherein the switching frequency is on the order of hundreds of Hertz.
Claim 11: wherein one or more of the flow of the first dopant vapor from the first vaporizer environment to the arc chamber environment or the flow of the second dopant vapor from the second vaporizer environment to the arc chamber environment is selectively variable between zero and 100%.
‘260 is analogous art in the field of Apparatus For CVD Using Liquid Delivery System (title), including a plasma enhancement system for creating a plasma in the reactor chamber 12 (Fig. 1, col. 2, lines 66-67), pulsed injection and vaporization (col. 2, lines 39-40). ’260 teaches that A conventional microprocessor 38 and associated console 40 are employed to control operation of the system 10. In particular, the microprocessor 38 controls the operation of the liquid delivery system 20, including the first and second solenoid valves 26 and 28 and each of the ultrasonic nozzles 22 (as discussed in greater detail below) so that the liquid precursor solution is injected into the chamber 12 via each ultrasonic nozzle 22, either continuously or in a plurality of discrete pulses (col. 3, lines 47-56), During the pulsed mode of operation, it also controls the pulse rate and the shape of the duty cycle for film growth (col. 4, lines 4-6), a pressure sensor 46 in communication with a line 48 which connects the vacuum pump 42 and cold trap 44 to the reactor chamber 12, the pressure sensor being preferably a capacitance manometer. During operation, the software in the microprocessor 38 controls the temperature of the substrate, and the pressure in the reactor chamber 12 (col. 3, line 66 to col. 4, line 4), During the pulsed mode of operation of the system 10, sequential discrete pulses of liquid precursor solution are injected by each ultrasonic nozzle 22 into the reactor chamber 12. This is accomplished by the software in the microprocessor 38 which creates each pulse by first causing the first valve 26 to open for a predetermined time interval, thereby admitting a measured amount of precursor solution into the storage line 30, with the excess draining into the drain tank 36 via the second valve 28 and the drain line 34. The first valve 26 is then closed and the second valve 28 is opened, thereby communicating the liquid in the storage line 30 to the inlet end 33 of the corresponding ultrasonic nozzle 22 where it is vaporized and injected into the reactor chamber 12. typical pulse durations are on the order of 0.1 msec. up to 5 seconds (col. 4, lines 28-43, i.e. including 100 Hz), for the purpose of allowing formation of films of complex, multicomponent compositions made from multiple precursors (col. 2, lines 22-24).
Before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to have adopted the controller of ‘089 to control the duty cycle of solenoid valves 2 between open and closed state including 100 Hz, as taught by ‘260, for the purpose of allowing formation of films of complex, multicomponent compositions made from multiple precursors, as taught by ‘260 (col. 2, lines 22-24).
Response to Arguments
Applicant's arguments filed 10/03/2025 have been fully considered but they are not persuasive.
In regarding to claim objection, see the middle of page 7, Applicants’ amendment overcomes the objection.
In regarding to 35 USC 103 rejection of claims 1, 5-6, and 12-19 over Horsky ‘089, Applicants argue that changing vaporizer 2 from outside to inside the mounting flange 7 would modify the operation of the apparatus, because the recharging the solid feed material requires venting and gate valve, see page 8-10.
This argument is found not persuasive.
US 20200303154 (cited in previous OC), and US 20180346342 are examples of evaporator in the vacuum environment, demonstrating that placing evaporator in the vacuum environment is well-known solution, despite needs of venting to recharging material.
Recharging feed material inside a vacuum environment without the need of venting (stop the vacuum in the chamber), as opposed to the recharging in the room environment, is notorious well-known technical in the art. For example, US 20180057926 (Fig 1) and US 20100173067 (Fig. 5).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 20180346342 is cited for vaporizer inside the vacuum environment. US 20180057926 (Fig 1) and US 20100173067 (Fig. 5) are cited for recharging material to vaporizer without breaking the vacuum.
US 20200303154 is cited for “a vaporizer using an aluminum iodide, aluminum chloride” ([0038]) within a vacuum system 100 ([0041], Fig. 1). US 20180144904 is cited for WOx, wherein x is from 1 to 6 ([0020], includes singly charge species). US 20220186360 is cited for An evaporator station is housed within the vacuum chamber 22 ([0084]).
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 KEATH T CHEN whose telephone number is (571)270-1870. The examiner can normally be reached 8:30am-5:00 pm.
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, Parviz Hassanzadeh can be reached at 571-272-1435. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/KEATH T CHEN/Primary Examiner, Art Unit 1716