Non-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 .
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.
Claims 1, 2, 5, 11, 13 are rejected under 35 U.S.C. 102 (a)(1) as being anticipates by US20100320395 A1 by Hahto et al (Hahto).
Referring to claim 1 Hahto Fig. 3, 3A-F teaches A Vaporizer (Fig 3 A item 2 paragraph [0024]) comprising:
a crucible ( item 18 paragraph [0025])in which an solid material (See item 19) is received, the crucible (item 18) comprising a reactive gas inlet (See paragraph [0025]) abstract and claim 1) and a vapor outlet (vapor outlet through valve 3 item 15 outlet).
Referring to claim 2 Hahto teaches the vaporizer as recited in claim 1, further comprising a heater configured to heat the crucible (See Fig 3 item 20 Heater plate paragraph [0025]) .
Referring to claim 5 Hahto teaches an ion source comprising: the vaporizer according to claim 1; an arc chamber (See Fig 1-3 and paragraph [0018]) configured to generate a plasma therein, wherein the vapor outlet of the vaporizer is configured to output the vapor into the are chamber through a wall of the are chamber (See abstract, claim 1 paragraphs [0017]-[0023]).
Referring to claim 11 Hahto teaches the ion source as recited in claim 5, wherein the are chamber further comprises a gas inlet communicatively connect to a flow path that does not pass through the crucible. (See abstract, paragraph [0018])
Referring to claim 13 Hahto teaches a method for generating a vapor, the method comprising: preparing a solid material in a crucible; and introducing a reactive gas into the crucible. (See Fig 3 and paragraphs [0024]-[0026] and abstract, claim 1)
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-3, 5-7, 12, 14, 17 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1-20 of U.S. Patent No.12328807 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because both represent the same invention and identical limitations with variations which are obvious to a person with ordinary skill in the art.
19,197,199 Application claim
Obvious over US12,328,807 B2
1. A vaporizer comprising: a crucible in which an solid material is received, the crucible comprising a reactive gas inlet and a vapor outlet.
1 An ion source comprising: a vaporizer comprising: a crucible containing an aluminum-containing material, the crucible comprising a gas inlet and a vapor outlet; and a heater configured to heat the crucible; an arc chamber configured to generate a plasma therein; and a heat shield, wherein the vapor outlet is configured to output vapor into the arc chamber through a wall of the arc chamber, and wherein the heat shield is provided between the vaporizer and the wall of the arc chamber.
2. The vaporizer as recited in claim 1, further comprising a heater configured to heat the crucible.
a heater configured to heat the crucible
3. The vaporizer as recited in claim 1, wherein the vapor outlet outputs a vapor in a plurality of directions.
Obvious in view of claim 1.
4. The vaporizer as recited in claim 1, wherein an edge of the reactive gas inlet is aligned with a surface of the solid material.
5. An ion source comprising: the vaporizer according to claim 1; an arc chamber configured to generate a plasma therein, wherein the vapor outlet of the vaporizer is configured to output the vapor into the arc chamber through a wall of the arc chamber.
Claim 1 an arc chamber configured to generate a plasma therein; and a heat shield, wherein the vapor outlet is configured to output vapor into the arc chamber through a wall of the arc chamber
6. The ion source as recited in claim 5, wherein the solid material includes at least one of Aluminum, Indium, Titanium, Nickel, Molybdenum, Tungsten, Antinomy, or Sulfur.
Claim 1 : a crucible containing an aluminum-containing material,
7. The ion source as recited in claim 5, wherein the vapor outlet comprises an end portion that extends through the wall of the arc chamber, the end portion comprising a plurality of holes at a distal end thereof.
4. The ion source as recited in claim 3, wherein the first nozzle comprises an end portion that extends through the wall of the arc chamber, the end portion comprising a plurality of holes at a distal end thereof.
8. The ion source as recited in claim 5, wherein an edge of the reactive gas inlet is aligned with a surface of the solid material.
9. The ion source as recited in claim 5, wherein the crucible is biased to the arc chamber by an elastic force.
10. The ion source as recited in claim 5, wherein the arc chamber receives the vapor from the vapor outlet of the crucible and receives a gas that does not contain chemical species constituting the solid material from a flow path that does not pass through the crucible.
11. The ion source as recited in claim 5, wherein the arc chamber further comprises a gas inlet communicatively connect to a flow path that does not pass through the crucible.
12. The vaporizer as recited in claim 1, wherein the crucible is cylindrical and extends in a longitudinal direction, the reactive gas inlet is provided at a first end of the crucible in the longitudinal direction, and the vapor outlet is provided at a second end of the crucible opposite from the first end in the longitudinal direction.
11. The ion source as recited in claim 9, wherein the crucible is cylindrical and extends in a longitudinal direction, the second portion of the crucible has an arc-side portion at a distal end thereof and an inlet-side portion at the proximal end thereof, the heater comprises a coil heater, and the coil heater is disposed around an exterior surface of the inlet-side portion of the crucible but is not disposed around the arc-side portion of the crucible.
13. A method for generating a vapor, the method comprising: preparing a solid material in a crucible; and introducing a reactive gas into the crucible.
14. A vaporizer comprising: a first gas source comprising a reactive gas; and a crucible containing a solid material, the crucible comprising a gas inlet communicatively connected to the first gas source, and a vapor outlet.
16. An ion source comprising: a vaporizer comprising: a crucible containing an aluminum-containing material that substantially fills an interior of the crucible, the crucible comprising a gas inlet and a vapor outlet; and a heater configured to heat the crucible; and an arc chamber configured to generate a plasma therein, wherein the vapor outlet is configured to output vapor into the arc chamber through a wall of the arc chamber.
15. The vaporizer as recited in claim 14, further comprising a heater configured to heat the crucible.
Claim 16
16. The vaporizer as recited in claim 14, wherein the reactive gas includes chlorine.
Claim 16
17. An ion source comprising: a first gas source comprising a first gas that contains a reactive component; a vaporizer comprising a crucible containing a solid material, the crucible comprising a gas inlet communicatively connected to the first gas source, and a vapor outlet; and an arc chamber configured to generate a plasma therein, wherein the vapor outlet of the vaporizer is configured to output a vapor into the arc chamber through a wall of the arc chamber.
16. An ion source comprising: a vaporizer comprising: a crucible containing an aluminum-containing material that substantially fills an interior of the crucible, the crucible comprising a gas inlet and a vapor outlet; and a heater configured to heat the crucible; and an arc chamber configured to generate a plasma therein, wherein the vapor outlet is configured to output vapor into the arc chamber through a wall of the arc chamber.
18. The ion source as recited in claim 17, further comprising: a second gas source comprising a second gas that does not contain a chemical species constituting the solid material, wherein the arc chamber comprises a gas inlet communicatively connected to the second gas source, and wherein a flow path from the second gas source to the gas inlet of the arc chamber does not pass through the crucible.
19. The ion source as recited in claim 17, wherein the reactive component includes chlorine.
Claims 4, 8-11, 13, 15, 16, 18, 19 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1, 16 of U.S. Patent No. US12,328,807 B2 in view of US202502662331. The missing limitations are taught in by US202502662331. Hence, it is obvious to a person with ordinary skill in the art before the filing date of the instant of application to incorporate the teachings of US202502662331 A publication. Hence, it is obvious non-statutory rejection.
Conclusion
Claims 1-19 are rejected.
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.
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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/ 07/24/2026
SRINIVAS . SATHIRAJU
Primary Examiner
Art Unit 2845
Prosecution Insights