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`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and TrademarkOffice
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
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`17/658,670
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`04/11/2022
`
`Hiroshi SHIROUZU
`
`ISHII-65929
`
`1045
`
`PEARNE & GORDON LLP
`1801 EAST 9TH STREET
`SUITE 1200
`
`CLEVELAND, OH 44114-3108
`
`LE, TUNG X
`
`2844
`
`09/19/2023
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`Thetime period for reply, if any, is set in the attached communication.
`
`Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
`following e-mail address(es):
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`patdocket@ pearne.com
`
`PTOL-90A (Rev. 04/07)
`
`

`

`Office Action Summary
`
`Application No.
`17/658,670
`Examiner
`TUNG X LE
`
`Applicant(s)
`SHIROUZU, Hiroshi
`Art Unit
`AIA (FITF) Status
`2844
`Yes
`
`-- The MAILING DATEof this communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLYIS SET TO EXPIRE 3 MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensions of time may be available underthe provisions of 37 CFR 1.136(a). In no event, however, may a reply betimely filed after SIX (6) MONTHSfrom the mailing
`date of this communication.
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHSfrom the mailing date of this communication.
`-
`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three months after the mailing date of this communication, evenif timely filed, may reduce any earned patent term
`adjustment. See 37 CFR 1.704(b).
`
`Status
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`
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`1) Responsive to communication(s) filed on 4/11/2022.
`C} A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
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`2a)() This action is FINAL. 2b)¥)This action is non-final.
`3)02 An election was madeby the applicant in responseto a restriction requirement set forth during the interview
`on
`; the restriction requirement and election have been incorporated into this action.
`4)\0) Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under Exparte Quayle, 1935 C.D. 11, 453 O.G. 213.
`
`Disposition of Claims*
`1-8 is/are pending in the application.
`)
`Claim(s)
`5a) Of the above claim(s) ___ is/are withdrawn from consideration.
`Cj] Claim(s)
`is/are allowed.
`Claim(s) 1-2 and 4-8 is/are rejected.
`Claim(s) 3 is/are objectedto.
`C] Claim(s)
`are subjectto restriction and/or election requirement
`“If any claims have been determined allowable, you maybeeligible to benefit from the Patent Prosecution Highway program at a
`participating intellectual property office for the corresponding application. For more information, please see
`http:/Awww.uspto.gov/patents/init_events/pph/index.jsp or send an inquiry to PPHfeedback@uspto.gov.
`
`) ) ) )
`
`Application Papers
`10) The specification is objected to by the Examiner.
`11)() The drawing(s) filedon__ is/are: a)C) accepted or b)C) objected to by the Examiner.
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
`
`Priority under 35 U.S.C. § 119
`12)[4) Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
`cc) None ofthe:
`b)L) Some**
`a)¥) All
`1.4) Certified copies of the priority documents have been received.
`2.1) Certified copies of the priority documents have been received in Application No.
`3.2.) Copies of the certified copies of the priority documents have been receivedin this National Stage
`application from the International Bureau (PCT Rule 17.2(a)).
`* See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment(s)
`
`1)
`
`Notice of References Cited (PTO-892)
`
`Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`2)
`Paper No(s)/Mail Date 4/11/2022.
`U.S. Patent and Trademark Office
`
`3)
`
`(LJ Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`4) (J Other:
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20230912
`
`

`

`Application/Control Number: 17/658,670
`Art Unit: 2844
`
`Page 2
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`DETAILED ACTION
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`Notice ofPre-AIA or AIA Status
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`The present application, filed on or after March 16, 2013, is being examined under the
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`Jirst inventorto file provisions of the AIA.
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`This Office Action is in response to the Applicant’s communication filed on April 11,
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`2022. In virtue of this communication, claims 1-8 are currently presented in the instant
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`application.
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`Priority
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`1.
`
`2.
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`Receipt is acknowledged ofcertified copies of papers required by 37 CFR 1.55.
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`Information Disclosure Statement
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`The information disclosure statement (IDS) submitted on 04/11/2022 is in compliance
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`with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being
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`considered by the examiner.
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`Claim Objections
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`3.
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`Claim 5 is objected to because of the following informalities:
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`Claim 5, in line 3, “can” should be changedto --is configured to--
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`Appropriate correction is required.
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`Claim Rejections - 35 USC § 112
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`4.
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`5.
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`The following is a quotation of 35 U.S.C. 112(b):
`(b) CONCLUSION.—Thespecification shall conclude with one or more claimsparticularly pointing
`out and distinctly claiming the subject matter which the inventoror a joint inventor regards as the
`invention.
`
`The following is a quotation of 35 U.S.C. 112 (pre-AIA), second paragraph:
`The specification shall conclude with one or more claimsparticularly pointing out and distinctly
`claiming the subject matter which the applicant regardsas his invention.
`
`

`

`Application/Control Number: 17/658,670
`Art Unit: 2844
`
`Page 3
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`Claim 5 recites the limitation "the upper limit" in line 6. There is insufficient antecedent
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`basis for this limitation in the claim.
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`Claim 6 recites the limitation "the upper limit" in line 3. There is insufficient antecedent
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`basis for this limitation in the claim.
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`Claim Rejections - 35 USC § 102
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`6.
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`The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the
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`basis for the rejections under this section made in this Office action:
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`A personshall be entitled to a patent unless —
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`(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.
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`7.
`
`Claims 1-2, 4-8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sakane et
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`al. (US 2018/0148838).
`
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`Application/Control Number: 17/658,670
`Art Unit: 2844
`
`Page 4
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`With respect to claims 1 and 8, Sakane discloses in figure 1 a plasma processing system
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`and a method thereof, comprising: a plasma processing apparatus including a processing
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`chamber(21, e.g., a plasma chamber) for plasma processing an object (W,e.g., a wafer, substrate
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`or a object) to be processed (see figure 1), and at least one component(paragraph 0061, e.g., this
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`film is also deposited on a component within the chamber 21 having OH groups onthe surface
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`thereof as a deposit”) which is at least partially disposed in the processing chamber(see figure
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`1); a storage unit (61, e.g., a memory ora storage unit thereof) for storing a recipe including a set
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`value specifying a plasmaprocessing condition (paragraph 0054, e.g., “the memory 61 stores
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`therein a control program ora recipe including processing condition data for implement various
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`kinds of processing in the processing apparatus 10”); a tolerance determination unit (63, e.g., a
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`user interface formed as a tolerance determination unit thereof) that determinesa tolerance of the
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`set value, based on a degree of deterioration of the at least one component (paragraph 0062,e.g.,
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`“af the accumulated value of the adjustment amount of the measurementerroris increased, the
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`measurement error may be soon increased beyondatolerance range, so that the accuracy of the
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`pressure adjustment within the chamber 21 is deteriorated”); and a recipe modification unit (62,
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`e.g., a processor formed as a recipe modification unit for receiving data information from the
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`memory 61 andthe input data of the user interface thereof) that modifies the recipe such that the
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`set value falls within the tolerance, when the set value is outside the tolerance (paragraph 0054,
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`e.g., “the processor 62 reads out a required recipe from the memory 61 in response to an
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`instruction from the user through the user interface 63 and executes the correspondingrecipe, the
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`controlling the individual components of the processing apparatus 10”).
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`With respect to claim 2, Sakane discloses that wherein the storage unit further stores a
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`tolerance information indicating a relationship between the degree of deterioration and the
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`

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`Application/Control Number: 17/658,670
`Art Unit: 2844
`
`Page 5
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`tolerance, and the tolerance determination unit determines the tolerance, based on the degree of
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`deterioration and the tolerance information (see paragraphs 0054 and 0062, e.g., having a
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`relationship between the tolerance and the deterioration thereof).
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`With respect to claim 4, Sakane discloses that wherein the plasma processing apparatus
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`further includes a power supply unit (34a-34b, e.g., high power supply sources shownin figure
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`1) for supplying a high-frequency power for generating a plasmain the processing chamber(see
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`paragraph 0046,e.g., “the plasmaare attracted into the semiconductor wafer W”), the set value
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`includes an output value of the power supply unit (paragraph 0054, e.g., the memory 61 having a
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`set value thereofor a recipe including processing condition data thereof), and an upperlimit of
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`the tolerance includes an upperlimit of the output value (paragraph 0062, e.g., having a tolerance
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`range which as an upperlimit and a lowerlimit value thereof).
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`With respect to claim 5, Sakane discloses that wherein the processing chamberis
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`configured such that a plurality of substrates (W,e.g., wafers or substrates) serving as the object
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`to be processed can be placed inside (see figure 1), the set value includes the numberof the
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`substrates to be placed in the processing chamber(see figure 1), and the upperlimit of the
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`tolerance includes an upperlimit of the numberof the substrates (paragraph 0062, e.g., having a
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`tolerance range which as an upperlimit and a lowerlimit value thereof).
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`With respect to claim 6, Sakane discloses that wherein the set value includes a plasma
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`processing time, and the upperlimit of the tolerance includes an upperlimit of the plasma
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`processing time (paragraphs 0007-0008, e.g., “the first process to the seventh processare
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`repeatedly performed multiple times”).
`
`With respect to claim 7, Sakane discloses that wherein the plasma processing apparatus
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`includes the storage unit, the tolerance determination unit, and the recipe modification unit (see
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`

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`Application/Control Number: 17/658,670
`Art Unit: 2844
`
`Page 6
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`figure 1, e.g., having the storage unit 61, the tolerance determination unit 63 and the recipe
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`modification unit 62).
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`Allowable Subject Matter
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`
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`8. Claim 3 is objected to as being dependent uponarejected base claim, but would be
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`allowable if rewritten in independent form includingall of the limitations of the base claim and
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`any intervening claims.
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`Conclusion
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`9.
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`The prior art made of record and notrelied upon is considered pertinent to applicant's
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`disclosure.
`
`Prior art Mitsumori et al.—-US 2019/0326102
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`Prior art Tamamushiet al. — US 2019/0164726
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`10.—Any inquiry concerning this communication or earlier communications from the
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`examiner should be directed to TUNG X LE whosetelephone numberis (571)272-6010. The
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`examiner can normally be reached Mondayto Friday from 10am to 6pm.
`
`Examinerinterviewsare available via telephone, in-person, and video conferencing using
`
`a USPTOsupplied web-based collaboration tool. To schedule an interview, applicantis
`
`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
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`supervisor, Amy C Johnson can be reached on 571-272-2238. The fax phone numberfor the
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`organization where this application or proceeding is assigned is 571-273-8300.
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`Information regarding the status of published or unpublished applications may be
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`obtained from Patent Center. Unpublished application information in Patent Center is available
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`

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`Application/Control Number: 17/658,670
`Art Unit: 2844
`
`Page 7
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`
`/TUNG X LE/
`Primary Examiner, Art Unit 2844
`September 12, 2023
`
`