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 .
Election/Restrictions
Applicant’s election without traverse of Claims 1-18 in the reply filed on 22 JUN 2026 is acknowledged.
Claims 19-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 22 JUN 2026.
Claim Rejections - 35 USC § 102
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 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.
Claim(s) 1, 5, 11, and 17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Winkler ‘674 (US PGPub 2021/0340674).
Claim 1 – Winkler ‘674 teaches an apparatus for providing a pulse of a precursor, the apparatus comprising (all element numbers Figure 1):
a pressure flow controller (PG 0027, first valve 108) fluidly coupled to a carrier gas source (PG 0028, carrier gas source 106; piping therebetween as coupling);
a precursor source comprising a precursor vessel (PG 0026, precursor vessel 102), a precursor vessel inlet (PG 0029, piping between valve 138 and vessel 102) and a precursor vessel outlet (PG 0029, piping between vessel 102 and valve 140);
a carrier gas line (piping between valves 108, 138, and 142) comprising a first branch (piping between valves 108 and 142) coupled to a flow bypass assembly (valve 142) and a second branch (piping between valves 108 and 138) coupled to the precursor vessel inlet; and
a precursor line coupled to the precursor vessel outlet (piping downstream of valve 140 specifically),
wherein the pressure flow controller is upstream of the precursor source (valve 108 is upstream of precursor vessel 102), and
wherein an outlet of the flow bypass assembly is coupled to the precursor line downstream of the precursor source (flow bypass outlet couples to precursor line at valve 142, which is downstream of precursor vessel 102).
Claim 5 – Winkler ‘674 teaches the apparatus of claim 1, wherein the carrier gas line comprises a carrier gas metering valve (PG 0028, valve 108; the valve simultaneously meters gas flow and controls flow pressure by the degree of closure of the valve) upstream of the precursor source and a carrier shutoff valve upstream of the precursor source (PG 0029, valve 138).
Claim 11 – Winkler ‘674 teaches the apparatus of claim 1, further comprising an accumulator coupled to the precursor vessel outlet (PG 0036, reservoir 114, piping and valve couplings to form flow path between precursor outlet and reservoir).
Claim 17 – Winkler ‘674 teaches a reactor system comprising:
a reactor (PG 0024, deposition chamber 118);
a vacuum source coupled to the reactor (PG 0032, foreline 136 and valve 122; valves and piping form an airtight pathway between the reactor and the foreline);
a controller (PG 0037, controller 190); and
apparatus for providing a pulse of a precursor, the apparatus comprising:
a pressure flow controller (PG 0027, first valve 108) fluidly coupled to a carrier gas source (PG 0028, carrier gas source 106; piping therebetween as coupling);
a precursor source comprising a precursor vessel (PG 0026, precursor vessel 102), a precursor vessel inlet (PG 0029, piping between valve 138 and vessel 102) and a precursor vessel outlet (PG 0029, piping between vessel 102 and valve 140);
a carrier gas line (piping between valves 108, 138, and 142) comprising a first branch (piping between valves 108 and 142) coupled to a flow bypass assembly (valve 142) and a second branch (piping between valves 108 and 138) coupled to the precursor vessel inlet; and
a precursor line coupled to the precursor vessel outlet (piping downstream of valve 140 specifically),
wherein the pressure flow controller is upstream of the precursor source (valve 108 is upstream of precursor vessel 102), and
wherein an outlet of the flow bypass assembly is coupled to the precursor line downstream of the precursor source (flow bypass outlet couples to precursor line at valve 142, which is downstream of precursor vessel 102).
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.
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) 2-4 and 8-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Winkler ‘674 as applied to claim 1 above, and further in view of Kim ‘190 (US PGPub 2024/0401190).
Claim 2 – Winkler ‘674 teaches the apparatus of claim 1, but does not expressly teach or suggest the apparatus wherein the flow bypass assembly comprises a first flow bypass line and a second flow bypass line, wherein a conductance of the first flow bypass line is lower than a conductance of the second flow bypass line. Kim ‘190 discloses ALD systems and processes (PG 0063) and discloses a need to improve purge efficiency in ALD, which is a general improvement to ALD processes (PG 0063-0064). Kim ‘190 further discloses (PG 0085-0088) a purge gas bypass system that allows for variable purge gas flow conditions to the ALD reactor, with the benefit of improved purge efficiency discussed at PG 0082. Therefore, it would have been obvious to a person having ordinary skill in the art at the time the invention was made or filed to have modified the invention of Winkler ‘674 to replace the single bypass line therein with the dual bypass line system of Kim ‘190 to obtain the discussed process efficiency in the ALD process of Winkler ‘674. Kim ‘190 PG 0088 discloses low flow and high flow channels mapped to low conductance and high conductance conduits; these are mapped to the first and second flow bypass lines of the claim.
Claim 3 – Winkler ‘674 / Kim ‘190 teaches the apparatus of claim 2, wherein the first flow bypass line comprises a first bypass metering valve and a first bypass shutoff valve (the bypass metering valve is disclosed in Kim ‘190 PG 0086, valve 310; the bypass shutoff valve remains valve 142 in Winkler ‘674 Figure 1).
Claim 4 – Winkler ‘674 / Kim ‘190 teaches the apparatus of claim 2, wherein the second flow bypass line comprises a second bypass metering valve and a second bypass shutoff valve (the bypass metering valve is disclosed in Kim ‘190 PG 0086, valve 312; the bypass shutoff valve remains valve 142 in Winkler ‘674 Figure 1).
Claim 8 – Winkler ‘674 / Kim ‘190 teaches the apparatus of claim 2, but does not expressly teach or suggest the apparatus wherein a conductance of the second flow bypass line is at least 2 to 15 times higher than a conductance of the first flow bypass line. Kim ‘190 teaches that optimization of purging parameters is known and desired in the art at PG 0063; selecting a particular ratio of gas flow rates (conductances) to obtain desired purge profiles is therefore held as prima facie obvious.
Claim 9 – Winkler ‘674 / Kim ‘190 teaches the apparatus of claim 2, further comprising a reactor inlet line coupled to the outlet of the flow bypass assembly (Winkler ‘674, piping and valving between outlet valve 140 and deposition chamber 118 in Figure 1).
Claim 10 – Winkler ‘674 / Kim ‘190 teaches the apparatus of claim 9, but does not expressly teach or suggest the apparatus wherein a conductance of the reactor inlet line is greater than a conductance of the first flow bypass line. Kim ‘190 teaches that optimization of purging parameters is known and desired in the art at PG 0063; selecting a particular ratio of gas flow rates (conductances) to obtain desired purge profiles is therefore held as prima facie obvious.
Claim(s) 6-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Winkler ‘674 as applied to claim 1 above, and further in view of Liu ‘707 (US PGPub 2019/0112707).
Claim 6 – Winkler ‘674 teaches the apparatus of claim 1, but does not expressly teach or suggest an apparatus further comprising a back suction line coupled to the precursor line downstream of the precursor source and upstream of the outlet of the flow bypass assembly. Liu ‘707 is drawn to ALD systems and methods (Title) and discloses the use of a backsuction (drain) line specifically to remove unreacted precursors from process lines to prevent undesired intermediate gas phase reactions (PG 0033), improving the purity of the deposited product. Therefore, it would have been obvious to a person having ordinary skill in the art at the time the invention was made or filed to have modified the invention of Winkler ‘674 to include a backsuction line as suggested by Liu ‘707 to improve the purity of the ALD deposition process in Winkler ‘674. Selection of connection points to evacuate the system is held as prima facie obvious as a matter of deign choice to obtain optimal purge characteristics.
Claim 7 – Winkler ‘674 / Liu ‘707 teaches the apparatus of claim 6, wherein the back suction line comprises an orifice (Liu ‘707 PG 0030, a drain line with gas passing through it by necessity has an orifice at either end of the line).
Claim(s) 12, 14-16, and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Winkler ‘674 as applied to claims 1 and 11 above, and further in view of Gordon ‘149 (US PGPub 2004/0043149).
Claim 12 – Winkler ‘674 teaches the apparatus of claim 11, but does not expressly teach or suggest an apparatus further comprising a pressure sensor coupled to an interior of the accumulator. Gordon ‘149 discloses ALD apparatuses (PG 0096) including an accumulator chamber (PG 0096, chamber 60). In operation, valves controlling the flow of gas into and out of the accumulator are operated based on the pressure in the chamber (PG 0099) to ensure equilibrium deposition conditions, improving the quality of deposition. Therefore, it would have been obvious to a person having ordinary skill in the art at the time the invention was made or filed to have modified the invention of Winkler ‘674 to use the precursor pulse system of Gordon ‘149, as Winkler ‘674 contemplates the use of a reservoir to modulate deposition pressures and Gordon ‘149 teaches a system commensurate with the stated objective of Winkler ‘674, Operation of valves based on pressure of the chamber in Gordon ‘149 inherently requires a pressure sensor coupled to the interior of the chamber in some fashion.
Claim 14 – Winkler ‘674 / Gordon ‘149 renders obvious the apparatus of claim 12, but does not expressly disclose or suggest the apparatus further comprising a heat pipe interposed between the accumulator and the pressure sensor. Gordon ‘149 encloses the entire precursor supply section in an oven (PG 0096, oven 80); the particular arrangement of parts is held as prima facie obvious in the absence of unexpected results derived therefrom.
Claim 15 – Winkler ‘674 / Gordon ‘149 renders obvious the apparatus of claim 14, further comprising an enclosure about the heat pipe (Gordon ‘149 PG 0096, oven 0080 encloses the entirety of the precursor supply section).
Claim 16 – Winkler ‘674 teaches the apparatus of claim 1, but does not expressly teach or suggest an apparatus further comprising a housing about the precursor vessel and a radiant heat source. Winkler ‘674 broadly contemplates temperature control of the precursor source (PG 0026). Gordon ‘149 discloses ALD apparatuses (PG 0096) where the precursor source assembly is enclosed in an oven to control the temperature of the precursor; ovens are understood to be radiant heat sources. Therefore, it would have been obvious to a person having ordinary skill in the art at the time the invention was made or filed to have modified the invention of Winkler ‘674 to use the precursor supply section of Gordon ‘149 to provide the contemplated temperature control properties of Winkler ‘674, as the apparatus of Gordon ‘149 is disclosed as suitable for the desired purpose in the same field of endeavor.
Claim 18 – Winkler ‘674 teaches the apparatus of claim 17, further comprising an accumulator coupled to the precursor vessel outlet (PG 0036, reservoir 114, piping and valve couplings to form flow path between precursor outlet and reservoir). Winkler ‘674 does not expressly teach or suggest an apparatus further comprising a pressure sensor coupled to the accumulator. Gordon ‘149 discloses ALD apparatuses (PG 0096) including an accumulator chamber (PG 0096, chamber 60). In operation, valves controlling the flow of gas into and out of the accumulator are operated based on the pressure in the chamber (PG 0099) to ensure equilibrium deposition conditions, improving the quality of deposition. Therefore, it would have been obvious to a person having ordinary skill in the art at the time the invention was made or filed to have modified the invention of Winkler ‘674 to use the precursor pulse system of Gordon ‘149, as Winkler ‘674 contemplates the use of a reservoir to modulate deposition pressures and Gordon ‘149 teaches a system commensurate with the stated objective of Winkler ‘674, Operation of valves based on pressure of the chamber in Gordon ‘149 inherently requires a pressure sensor coupled to the chamber in some fashion.
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Winkler ‘674 / Gordon ‘149 as applied to claim 12 above, and further in view of Baldasseroni ‘444 (U.S. PGPub 2016/0177444).
Claim 13 – Winkler ‘674 / Gordon ‘149 renders obvious the apparatus of claim 12, but does not expressly disclose or suggest the apparatus wherein the pressure sensor comprises a heated manometer. Baldasseroni ‘444 discloses generally ALD process chambers (PG 0006) and assorted sensors and instrumentation for the operation thereof (e.g. PG 0078); listed sensors include pressure manometers (PG 0078). Therefore, it would have been obvious to a person having ordinary skill in the art at the time the invention was made or filed to have modified the invention of Winkler ‘674 / Gordon ‘149 to use a pressure manometer as the pressure sensor as suggested buy Baldasseroni ‘444, as Winkler ‘674/ Gordon ‘149 want a pressure sensor in its ALD apparatus and Baldasseroni ‘444 discloses that pressure manometers are known pressure sensors suitable for use in ALD process applications. Examiner holds that a person of ordinary skill in the art would be well versed in controlling gas pressures and temperatures; fundamental scientific principles govern the relationship between temperature and pressure, e.g. the ideal gas law PV = nrT, where pressure varies directly and proportionally with temperature. Temperature differences between the manometer and the gas flowing through it will influence the temperature of the gas and therefore the pressure recorded thereby, and said influence would be predictable to a person of ordinary skill in the art; thermal control of the manometer (e.g. heating / cooling) to minimize pressure measurement errors is therefore held as prima facie obvious.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL G MILLER whose telephone number is (571)270-1861. The examiner can normally be reached M-F 9:00-5:30 EST.
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/MICHAEL G MILLER/ Primary Examiner, Art Unit 1712
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