Notice of 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 .
Double Patenting
A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
Claims 10, 12, 14-16 are rejected under 35 U.S.C. 101 as claiming the same invention as that of claims 1, 3, 5-7 of prior U.S. Patent No. US11,978,612 B2 (Mori612). This is a statutory double patenting rejection.
See the comparison of claims.
Examined app 19/286823 claim
Identical with US 11978612 Claim
10. A plasma processing apparatus, comprising: a processing chamber in which a sample is subjected to plasma processing; a first radio frequency power supply that supplies radio frequency power for generating plasma; a sample stage that includes a film for electrostatically attracting the sample, and on which the sample is mounted; a second radio frequency power supply that supplies radio frequency power to the sample stage; and a first DC power supply that applies a first DC voltage to an electrode positioned inside the film, wherein the plasma processing apparatus further comprises a second DC power supply that superposes a second DC voltage, that is changed according to a periodically repeated waveform, to the first DC voltage, and the waveform of one cycle has a period in which amplitude changes by a predetermined amount or more during a predetermined time.
1. A plasma processing apparatus, comprising: a processing chamber in which a sample is subjected to plasma processing; a first radio frequency power supply that supplies radio frequency power for generating plasma; a sample stage that includes a film that electrostatically attracts the sample, and on which the sample is mounted; a second radio frequency power supply that supplies radio frequency power to the sample stage; and a first DC power supply that applies a first DC voltage to an electrode arranged inside the film; and a second DC power supply that applies a second DC voltage,
that is changed according to a periodically repeated waveform, to the electrode, wherein the waveform of one cycle has a period in which amplitude changes by a predetermined amount or more during a predetermined time.
12. The plasma processing apparatus according to claim 10, wherein a change time and a change amount of the amplitude are a change time and a change amount of amplitude that maintains 10% or more of a maximum value of a current generated in the sample by the waveform for 1 ms or more.
2. The plasma processing apparatus according to claim 1, wherein a change time and a change amount of the amplitude are a change time and a change amount of amplitude that maintains 10% or more of a maximum value of a current generated in the sample by the waveform for 1 ms or more.
13. The plasma processing apparatus according to claim 10, wherein the waveform is a triangular wave.
3. The plasma processing apparatus according to claim 1, wherein the waveform is a triangular wave.
14. The plasma processing apparatus according to claim 10, wherein the radio frequency power to be supplied to the sample stage is supplied to the sample stage when the second DC voltage is applied to the sample stage.
5. The plasma processing apparatus according to claim 1, wherein the radio frequency power to be supplied to the sample stage is supplied to the sample stage when the second DC voltage is applied to the electrode.
15. The plasma processing apparatus according to claim 10, wherein a frequency of the waveform is 500 Hz or less.
6. The plasma processing apparatus according to claim 1, wherein a frequency of the waveform is 500 Hz or less.
16. The plasma processing apparatus according to claim 10, wherein the waveform is a rectangular wave, and rising and falling time constants of the rectangular wave are 0.43 ms or more, respectively.
7. The plasma processing apparatus according to claim 1, wherein the waveform is a rectangular wave, and rising and falling time constants of the rectangular wave are 0.43 ms or more, respectively.
Referring to claim 10 of instant application, claim 1 of US Patent Mori612 recites, identical limitations but slightly different words but covers same limitation. Hence, it is a statutory 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 10-16 are rejected on the ground of non-statutory double patenting as being unpatentable over claims 1-13 of U.S. Patent No US Patent US11424105 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because they cover same assignee, authors and similar limitations. Therefore, an ordinary skill in the art can envisaged any subtle differences in order to recite the instant application claims as they cover same invention.
A comparison of claims listed below.
Instant application 19/286,823 claims
Obvious over US11424105 claim
10. A plasma processing apparatus, comprising: a processing chamber in which a sample is subjected to plasma processing; a first radio frequency power supply that supplies radio frequency power for generating plasma; a sample stage that includes a film for electrostatically attracting the sample, and on which the sample is mounted; a second radio frequency power supply that supplies radio frequency power to the sample stage; and a first DC power supply that applies a first DC voltage to an electrode positioned inside the film, wherein the plasma processing apparatus further comprises a second DC power supply that superposes a second DC voltage, that is changed according to a periodically repeated waveform, to the first DC voltage, and the waveform of one cycle has a period in which amplitude changes by a predetermined amount or more during a predetermined time.
1. A plasma processing apparatus, comprising: a processing chamber in which a sample is subjected to plasma processing; a first radio frequency power supply that supplies radio frequency power for generating plasma; a sample stage including a film that electrostatically attracts the sample, and on which the sample is mounted; a second radio frequency power supply that supplies radio frequency power to the sample stage; and a first DC power supply that applies a first DC voltage to an electrode provided to an inner side of the film, wherein the plasma processing apparatus further comprises a second DC power supply that supplies a second DC voltage that is changed according to a periodically repeated waveform to the electrode, the second DC power supply applies the second DC voltage to the electrode via a capacitor, the second radio frequency power supply applies the radio frequency power to the electrode via the capacitor, the waveform of one cycle has a period in which amplitude changes by a predetermined amount or more during a predetermined time, and rising and falling time constants of the waveform are 0.43 ms or more, respectively.
11. The plasma processing apparatus according to claim 10, wherein the second radio frequency power supply applies a radio frequency voltage to a conductive base material of the sample stage.
Claim 1
12. The plasma processing apparatus according to claim 10, wherein a change time and a change amount of the amplitude are a change time and a change amount of amplitude that maintains 10% or more of a maximum value of a current generated in the sample by the waveform for 1 ms or more.
2. The plasma processing apparatus according to claim 1, wherein a change time and a change amount of the amplitude are a change time and a change amount of amplitude that maintains 10% or more of a maximum value of a current generated in the sample by the waveform for 1 ms or more.
13. The plasma processing apparatus according to claim 10, wherein the waveform is a triangular wave.
3. The plasma processing apparatus according to claim 1, wherein the waveform is a triangular wave.
14. The plasma processing apparatus according to claim 10, wherein the radio frequency power to be supplied to the sample stage is supplied to the sample stage when the second DC voltage is applied to the sample stage.
4. The plasma processing apparatus according to claim 1, wherein the radio frequency power to be supplied to the sample stage is supplied to the sample stage when the second DC voltage is applied to the electrode.
15. The plasma processing apparatus according to claim 10, wherein a frequency of the waveform is 500 Hz or less.
5. The plasma processing apparatus according to claim 1, wherein a frequency of the waveform is 500 Hz or less.
16. The plasma processing apparatus according to claim 10, wherein the waveform is a rectangular wave, and rising and falling time constants of the rectangular wave are 0.43 ms or more, respectively.
6. The plasma processing apparatus according to claim 1, wherein the waveform is a rectangular wave.
And claim 1 limitation rising and falling time constants of the waveform are 0.43 ms or more, respectively.
10. A plasma processing apparatus, comprising: a processing chamber in which a sample is subjected to plasma processing; a first radio frequency power supply that supplies radio frequency power for generating plasma; a sample stage that includes a film for electrostatically attracting the sample, and on which the sample is mounted; a second radio frequency power supply that supplies radio frequency power to the sample stage; and a first DC power supply that applies a first DC voltage to an electrode positioned inside the film, wherein the plasma processing apparatus further comprises a second DC power supply that superposes a second DC voltage, that is changed according to a periodically repeated waveform, to the first DC voltage, and the waveform of one cycle has a period in which amplitude changes by a predetermined amount or more during a predetermined time.
7. A plasma processing apparatus, comprising: a processing chamber in which a sample is subjected to plasma processing; a first radio frequency power supply that supplies radio frequency power for generating plasma; a sample stage on which the sample is mounted; and a second radio frequency power supply that supplies radio frequency power to the sample stage, wherein the plasma processing apparatus further comprises a DC power supply that applies a DC voltage, that is changed according to a periodically repeated waveform, to the sample stage, the waveform of one cycle has a period in which amplitude changes by a predetermined amount or more during a predetermined time, wherein a ratio of a time during which the DC voltage rises to a time during which the DC voltage falls is a value obtained by dividing a predetermined value by a value obtained by subtracting the predetermined value from 1, and the predetermined value is a value obtained by dividing mobility of ions by a sum of mobility of electrons in a dielectric on the sample and the mobility of the ions in the dielectric.
13. The plasma processing apparatus according to claim 10, wherein the waveform is a triangular wave.
9. The plasma processing apparatus according to claim 7, wherein the waveform is a triangular wave.
14. The plasma processing apparatus according to claim 10, wherein the radio frequency power to be supplied to the sample stage is supplied to the sample stage when the second DC voltage is applied to the sample stage.
11. The plasma processing apparatus according to claim 7, wherein the radio frequency power to be supplied to the sample stage is supplied to the sample stage when the DC voltage is applied to the sample stage.
15. The plasma processing apparatus according to claim 10, wherein a frequency of the waveform is 500 Hz or less.
12. The plasma processing apparatus according to claim 7, wherein a frequency of the waveform is 500 Hz or less.
16. The plasma processing apparatus according to claim 10, wherein the waveform is a rectangular wave, and rising and falling time constants of the rectangular wave are 0.43 ms or more, respectively.
13. The plasma processing apparatus according to claim 7, wherein the waveform is a rectangular wave, and rising and falling time constants of the rectangular wave are 0.43 ms or more, respectively.
Conclusion
Claims 10, 12-16 are rejected under statutory double patenting over US patent US11978612 B2.
Claims 10-16 are rejected under non-statutory double patenting over US patent US11424105 B2.
Prior Art: Relevant prior art has been recorded at PTOL 892.
.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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/SRINIVAS SATHIRAJU/ 09/05/2026
SRINIVAS . SATHIRAJU
Primary Examiner
Art Unit 2845
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