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`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMIVHSSIONER FOR PATENTS
`PO. Box 1450
`Alexandria1 Virginia 22313-1450
`www.uspto.gov
`
`
`
`
`
`14/919,325
`
`10/21/2015
`
`Tetsuhiro IWAI
`
`PIPMM-55246
`
`5145
`
`”’20’20” —PEARNE&GORDON LLP m
`7590
`52054
`1801 EAST 9TH STREET
`KENDALL, BENJAMIN R
`SUITE 1200
`CLEVELAND, OH 441 14-3 108
`
`PAPER NUMBER
`
`ART UNIT
`1718
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`12/20/2017
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time 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):
`
`patdocket @ pearne.c0m
`
`PTOL—90A (Rev. 04/07)
`
`

`

`
`
`Applicant(s)
`Application No.
` 14/919,325 IWAI ET AL.
`
`Examiner
`Art Unit
`AIA (First Inventor to File)
`Office Action Summary
`
`1718BENJAMIN KENDALL $2215
`
`-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE g MONTHS FROM THE MAILING DATE OF
`THIS COMMUNICATION.
`Extensions of time may be available under the provisions of 37 CFR1. 136( a).
`after SIX () MONTHS from 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) MONTHS from 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, even if timely filed, may reduce any
`earned patent term adjustment. See 37 CFR 1 .704(b).
`
`In no event, however, may a reply be timely filed
`
`Status
`
`1)IZI Responsive to communication(s) filed on 10/27/2017.
`El A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
`
`2b)|:l This action is non-final.
`2a)|Z| This action is FINAL.
`3)I:I An election was made by the applicant in response to a restriction requirement set forth during the interview on
`
`; the restriction requirement and election have been incorporated into this action.
`
`4)|:| Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
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`closed in accordance with the practice under Exparte Quay/e, 1935 CD. 11, 453 O.G. 213.
`
`Disposition of Claims*
`
`5)IZI Claim(s) 1-3 5 6 and 8-20 is/are pending in the application.
`5a) Of the above claim(s) 12 and 15-20 is/are withdrawn from consideration.
`
`is/are allowed.
`6)I:I Claim(s)
`
`7)|Z| Claim(s) 1-3 5 6 8-11 13 and 14 is/are rejected.
`8)|Z| CIaim(s)_15-17 is/are objected to.
`
`
`are subject to restriction and/or election requirement.
`9)I:I Claim((s)
`* If any claims have been determined allowable, you may be eligible to benefit from the Patent Prosecution Highway program at a
`
`participating intellectual property office for the corresponding application. For more information, please see
`
`
`
`:/'I’\WIIW.usnto. ovI’ atentS/init events/
`h/index.‘s orsend an inquiryto PPI-iieedback{®usgtc.00v.
`
`hit
`
`Application Papers
`
`10)I:l The specification is objected to by the Examiner.
`11)|Xl The drawing(s) filed on 10/21/2015 is/are: a)IXI accepted or b)|:l 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)IXI Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
`
`a)IZl All
`
`b)|:l Some” c)I:l None of the:
`
`1.IXI Certified copies of the priority documents have been received.
`2.|:l Certified copies of the priority documents have been received in Application No.
`3.|:| Copies of the certified copies of the priority documents have been received in 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)
`
`
`
`3) D Interview Summary (PTO-413)
`1) E Notice of References Cited (PTO-892)
`Paper No(s)/Mai| Date.
`.
`.
`4) I:I Other'
`2) E InformatIon DIsclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mai| Date 12/05/2017.
`US. Patent and Trademark Office
`PTOL—326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mai| Date 20171214
`
`

`

`Application/Control Number: 14/919,325
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`Page 2
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`Art Unit: 1718
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`1.
`
`The present application, filed on or after March 16, 2013, is being examined
`
`under the first inventor to file provisions of the AIA.
`
`2.
`
`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
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`correction of the statutory basis for the rejection will not be considered a new ground of
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`rejection if the prior art relied upon, and the rationale supporting the rejection, would be
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`the same under either status.
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`DETAILED ACTION
`
`Status of Claims
`
`3.
`
`This action is in response to Applicant’s Request for Reconsideration dated
`
`10/27/2017.
`
`4.
`
`5.
`
`6.
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`7.
`
`Claims 1-3, 5-6, and 8-20 are currently pending.
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`Claims 12 and 15-20 have been withdrawn.
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`Claims 1, 3, 5, and 15-17 have been amended.
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`Claims 4 and 7 have been cancelled.
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`Election/Restrictions
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`8.
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`Newly submitted (amended) claims 15 and 18-19 are directed to an invention
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`that is independent or distinct from the invention originally claimed for the following
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`reasons: On 04/26/2017, the applicant elected Species 1
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`[fig 5A-5B] and on 07/27/2017,
`
`the applicant received an Office Action for Species 1 [fig 5A-5B]. Newly submitted
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`

`

`Application/Control Number: 14/919,325
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`Page 3
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`Art Unit: 1718
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`(amended) claims 15 and 18-19 are directed to nonelected species of Species 5-7
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`(specifically, see fig 120, 13A and 15A).
`
`Since applicant has received an action on the merits for the originally presented
`
`invention, this invention has been constructively elected by original presentation for
`
`prosecution on the merits. Accordingly, claims 15 and 18-19 are withdrawn from
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`consideration as being directed to a non-elected invention. See 37 CFR 1.142(b) and
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`MPEP § 821.03.
`
`Claim Objections
`
`9.
`
`Claims 15-17 are objected to because of the following informalities: Claims 15-
`
`17 include the limitation “in a plan view”. The word 'plan' appears to be a misspelling of
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`‘plane’. Appropriate correction is required.
`
`Claim Rejections - 35 USC § 103
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`10.
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`This application currently names joint inventors. In considering patentability of the
`
`claims the examiner presumes that the subject matter of the various claims was
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`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
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`point out the inventor and effective filing dates of each claim that was not commonly
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`owned as of the effective filing date of the later invention in order for the examiner to
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`consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2)
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`prior art against the later invention.
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`

`

`Application/Control Number: 14/919,325
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`Page 4
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`Art Unit: 1718
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`11.
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`The following is a quotation of 35 U.S.C. 103 which forms the basis for all
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`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.
`
`12.
`
`Claims 1-2 and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable
`
`over Yoshida (US 5,735,993) with evidentiary support provided by Hama (US
`
`6,149,760).
`
`Regarding claim 1:
`
`Yoshida’993 teaches a plasma processing apparatus (plasma processing
`
`apparatus) [fig 7 & col 5-6, lines 59-4] comprising: a vessel (vacuum reaction vessel,
`
`10) which comprises a reaction chamber (space within 10), wherein atmosphere within
`
`the reaction chamber (space within 10) is capable of being depressurized (vacuum) [fig
`
`7 & col 6, lines 5-14]; a lower electrode (lower electrode, 11) which supports an object
`
`to be processed (sample, 27) within the reaction chamber (space within 10) [fig 7 & col
`
`4, lines 3-11]; a dielectric member (portion of dielectric 2 above 1a) which comprises a
`
`first surface (top of 2) and a second surface (bottom surface of 2 contacting 1a)
`
`opposite to the first surface (top of 2), and which closes an opening of the vessel (top of
`
`10) such that the first surface (top of 2) opposes an outside of the reaction chamber
`
`(outside of space within 10) and the second surface (bottom surface of 2 contacting 1a)
`
`opposes the object to be processed (sample, 27) [fig 7 & col 5-6, lines 59-4]; and a coil
`
`(flat spiral coil, 1) which opposes the first surface of the dielectric member (top of 2),
`
`and which generates plasma within the reaction chamber (space within 10) [fig 7 & col3-
`
`

`

`Application/Control Number: 14/919,325
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`Page 5
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`Art Unit: 1718
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`4, lines 52-2], wherein an electrode pattern (1a/1 b) and an insulation film (portion of
`
`dielectric 2 below 1a) which covers the electrode pattern (1 a/1 b) are formed on the
`
`second surface of the dielectric member (bottom surface of 2 contacting 1a) [fig 7 & col
`
`5-6, lines 59-4].
`
`As set forth above, Yoshida’993 teaches all of the limitations of the claim.
`
`However, Yoshida’993 does not specifically disclose that the dielectric member and the
`
`insulation film are separable structures. It would have been obvious to one having
`
`ordinary skill in the art before the effective filing date to make the dielectric member and
`
`the insulation film separable structures, since it has been held that making a formerly
`
`integral structure separable involves only routine skill in the art [MPEP 2144.04].
`
`Furthermore, it would have been obvious to one skilled in the art at the time of the
`
`invention to make the dielectric member and the insulation film separable structures
`
`since such would allow the structure to be formed by simply stacking the structures,
`
`thereby lowering fabrication cost [Hama’760 — col 9, lines 4-10].
`
`Regarding claim 2:
`
`Yoshida’993 teaches the electrode pattern (1a/1b) comprises an electric heater
`
`(heater, 1b) which heats the dielectric member (portion of dielectric 2 above 1a) [fig 7 &
`
`col 5-6, lines 59-4].
`
`Regarding claim 9:
`
`Yoshida’993 teaches the second surface of the dielectric member (bottom
`
`surface of 2 contacting 1a) comprises a flat portion (see horizontal depiction), and
`
`

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`Application/Control Number: 14/919,325
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`Page 6
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`Art Unit: 1718
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`wherein the electrode pattern (1a/1 b) is formed in the flat portion (see horizontal
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`depiction) [fig 7 & col 5-6, lines 59-4].
`
`13.
`
`Claims 3, 5-6, and 8 is/are rejected under 35 U.S.C. 103 as being
`
`unpatentable over Yoshida (US 5,735,993) as applied to claims 1-2 and 9 above,
`
`and further in view of Moroz (US 2004/0194890).
`
`The limitations of claims 1-2 and 9 have been set forth above.
`
`Regarding claim 3:
`
`Yoshida’993 teaches the electrode pattern (1a/1b) comprises a plate electrode
`
`(metallic plate, 1a) [fig 7 & col 5-6, lines 59-4].
`
`Yoshida’993 does not specifically teach a plate electrode which is capacitively
`
`coupled to the plasma within the reaction chamber when radio frequency power is
`
`supplied from a power supply which is electrically connected to the plate electrode.
`
`Moroz teaches a plate electrode (faraday shield, 241) which is capacitively
`
`coupled to the plasma (CCP type) within the reaction chamber when radio frequency
`
`power is supplied from a power supply (RF power supply, 254) which is electrically
`
`connected to the plate electrode (faraday shield, 241) [fig 2A & 0050, 0052, 0084].
`
`Yoshida’993 and Moroz are analogous inventions in the field of inductively
`
`coupled plasma processing apparatuses. It would have been obvious to one skilled in
`
`the art before the effective date to modify the plate electrode of Yoshida’993 to be
`
`connected with an RF power supply, as in Moroz, to allow CCP type plasma generation
`
`to combine the best properties of the GOP and ICP sources in a single apparatus
`
`[Moroz - 0006].
`
`

`

`Application/Control Number: 14/919,325
`
`Page 7
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`Art Unit: 1718
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`Regarding claim 5:
`
`Yoshida’993 teaches the electrode pattern (ta/1 b) and insulating film (portion of
`
`dielectric 2 below 1a) comprise: a first electrode pattern (metallic plate, 1a) and a first
`
`insulation film (portion of 2 between 1a and 1b) which covers the first electrode pattern
`
`(1a) and are formed on the second surface of the dielectric member (bottom surface of
`
`2 contacting 1a), and a second electrode pattern (1 b) and a second insulation film
`
`(portion of 2 below 1b) which covers the second electrode pattern (heater, 1b) and are
`
`formed on a surface of the first insulation film (bottom of portion of 2 between 1a and
`
`1b), and wherein one of the first electrode pattern and the second electrode pattern
`
`(ta/1 b, respectively) comprises an electric heater (heater, 1b) which heats the dielectric
`
`member (portion of 2 above 1a), and the other of the first electrode pattern and the
`
`second electrode pattern comprises a plate electrode (metallic plate, 1a) [fig 7 & col 5-6,
`
`lines 59-4].
`
`As set forth above, Yoshida’993 teaches all of the limitations of the claim.
`
`However, Yoshida’993 does not specifically disclose that the dielectric member, the first
`
`insulation film, and the second insulation film are separable structures. It would have
`
`been obvious to one having ordinary skill in the art before the effective filing date to
`
`make the dielectric member and the insulation film separable structures, since it has
`
`been held that making a formerly integral structure separable involves only routine skill
`
`in the art [MPEP 2144.04]. Furthermore, it would have been obvious to one skilled in the
`
`art at the time of the invention to make the dielectric member and the insulation film
`
`

`

`Application/Control Number: 14/919,325
`
`Page 8
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`Art Unit: 1718
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`separable structures since such would allow the structure to be formed by simply
`
`stacking the structures, thereby lowering fabrication cost [Hama’760 — col 9, lines 4-10].
`
`Yoshida’993 does not specifically teach a plate electrode which is capacitively
`
`coupled to the plasma within the reaction chamber when radio frequency power is
`
`supplied from a power supply which is electrically connected to the plate electrode.
`
`Moroz teaches a plate electrode (faraday shield, 241) which is capacitively
`
`coupled to the plasma (CCP type) in the reaction chamber when radio frequency power
`
`is supplied from a power supply (RF power supply, 254) which is electrically connected
`
`to the plate electrode (faraday shield, 241) [fig 2A & 0050, 0052, 0084].
`
`Yoshida’993 and Moroz are analogous inventions in the field of inductively
`
`coupled plasma processing apparatuses. It would have been obvious to one skilled in
`
`the art before the effective date to modify the plate electrode of Yoshida’993 to be
`
`connected with an RF power supply, as in Moroz, to allow CCP type plasma generation
`
`to combine the best properties of the GOP and ICP sources in a single apparatus
`
`[Moroz - 0006].
`
`Regarding claim 6:
`
`Yoshida’993 teaches the first electrode pattern (13) comprises the plate
`
`electrode (metallic plate), and the second electrode pattern (1 b) comprises the electric
`
`heater (heater) [fig 7 & col 5-6, lines 59-4].
`
`It would have been obvious to one having ordinary skill in the art at the time
`
`before the effective filing date to have the first electrode pattern comprise the electric
`
`heater and the second electrode pattern comprise the plate electrode, since it has been
`
`

`

`Application/Control Number: 14/919,325
`
`Page 9
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`Art Unit: 1718
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`held that a mere reversal of parts involves only routine skill in the art [MPEP 2144.04
`
`(V|)(A)]-
`
`Regarding claim 8:
`
`Yoshida’993 teaches the electric heater as a whole is disposed within the plate
`
`electrode (heater 1b is of the same geometry as the metal plate 1a) as viewed from a
`
`direction perpendicular to the second surface of the dielectric member (top-down view)
`
`[fig 7 & col 6, lines 5-14].
`
`14.
`
`Claims 10-11 and 13 is/are rejected under 35 U.S.C. 103 as being
`
`unpatentable over Yoshida (US 5,735,993) as applied to claims 1-2 and 9 above,
`
`and further in view of Yoshida (US 5,690,781).
`
`The limitations of claims 1-2 and 9 have been set forth above.
`
`Regarding claims 10-1 1:
`
`Yoshida’993 does not teach a groove is formed on the first surface of the
`
`dielectric member, and wherein at least a part of the coil is disposed in the groove; and
`
`wherein the groove has an annular shape having a center which substantially overlaps
`
`with a center of the coil as viewed from a direction perpendicular to the first surface of
`
`the dielectric member.
`
`Yoshida’781 teaches a groove (surface around upwardly convex shape) is
`
`formed on the first surface of the dielectric member (top surface of 4), and wherein at
`
`least a part of the coil (spiral coil, 2) is disposed in the groove (provided to conform
`
`along the surface around convex shape) [fig 5B & col 4-5, lines 56-6]; and wherein the
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`groove (surface around upwardly convex shape) has an annular shape having a center
`
`

`

`Application/Control Number: 14/919,325
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`Page 10
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`Art Unit: 1718
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`(center of the reaction chamber) which substantially overlaps with a center of the coil
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`(coil to be axially symmetrical about the center of the reaction chamber) as viewed from
`
`a direction perpendicular to the first surface of the dielectric member (direction depicted
`
`in fig SB) [fig SB & col 2, lines 6-38 and col 4-S, lines 56-6].
`
`Yoshida’993 and Yoshida’781 are analogous inventions in the field of inductively
`
`coupled plasma processing apparatuses. It would have been obvious to one skilled in
`
`the art before the effective date to modify the dielectric member of Yoshida’993 with a
`
`groove in the top surface thereof, as in Yoshida’781, to achieve a uniform processing
`
`rate across the diameter of the substrate [Yoshida’781 — col 2, lines 6-38].
`
`Regarding claim 13:
`
`Yoshida’993 does not teach the coil comprises a conductor having a length L and
`
`extending from a first end on a center side to a second end on an outer peripheral side,
`
`wherein the conductor comprises a center side portion having a length 0.5 L from a
`
`center of the coil and a remaining outer peripheral side portion, and wherein a ratio of
`
`the remaining outer peripheral side portion disposed within the groove is larger than a
`
`ratio of the center side portion disposed within the groove.
`
`Yoshida’781 teaches a coil (spiral coil, 2) comprises a conductor having a length
`
`L (length of coil from center to outer peripheral side — radius of 2) and extending from a
`
`first end on a center side (center of reaction chamber) to a second end on an outer
`
`peripheral side (outer right side of 2) [fig SB & col 2, lines 6-38 and col 4-S, lines 56-6],
`
`wherein the conductor comprises a center side portion having a length 0.5 L from a
`
`center of the coil (length of coil from center to 0.5 the distance to the outer peripheral
`
`

`

`Application/Control Number: 14/919,325
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`Page 11
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`Art Unit: 1718
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`side of 2) and a remaining outer peripheral side portion (halfway between center and
`
`outer right side of 2) [fig SB & col 2, lines 6-38 and col 4-5, lines 56-6].
`
`Yoshida’781 does not specifically disclose “a ratio of the remaining outer
`
`peripheral side portion disposed within the groove is larger than a ratio of the center
`
`side portion disposed within the groove” but teaches a ratio of the outer peripheral side
`
`portion to the center side portion (D/d) is a result-effective variable [fig 3A-3D & col 4,
`
`lines 22-41]. It would have been obvious to a person of ordinary skill in the art before
`
`the effective filing date to discover the optimum range for the ratio of the outer
`
`peripheral side portion to the center side portion through routine experimentation in
`
`order to discover the optimum ratio for reducing the induction field at the center to
`
`achieve a uniform ion current density [fig 3A-3D & col 4, lines 22-41]. It has been held
`
`that discovering an optimum value of a result-effective variable involves only routine skill
`
`in the art [MPEP 2144.05].
`
`Yoshida’993 and Yoshida’781 are analogous inventions in the field of inductively
`
`coupled plasma processing apparatuses. It would have been obvious to one skilled in
`
`the art before the effective date to modify the dielectric member of Yoshida’993 with the
`
`groove of Yoshida’781 to achieve a uniform processing rate across the diameter of the
`
`substrate [Yoshida’781 — col 2, lines 6-38].
`
`15.
`
`Claim 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over
`
`Yoshida (US 5,735,993) and Yoshida (US 5,690,781) as applied to claims 10-11 and
`
`13 above, and further in view of Ghanbari (US 5,982,100).
`
`The limitations of claims 10-11 and 13 have been set forth above.
`
`

`

`Application/Control Number: 14/919,325
`
`Page 12
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`Art Unit: 1718
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`Regarding claim 14:
`
`Modified Yoshida’993 does not specifically disclose a winding density of the coil
`
`in the outer peripheral side portion is larger than a winding density of the coil in the
`
`center side portion.
`
`Ghanbari does not specifically disclose “a winding density of the coil in the outer
`
`peripheral side portion is larger than a winding density of the coil in the center side
`
`portion” but teaches the winding density is a result-effective variable [fig 2 & col 3, lines
`
`51 -65]. It would have been obvious to one skilled in the art before the effective filing
`
`date to discover the optimum configuration for the winding density through routine
`
`experimentation in order to modify the field configuration within the plasma chamber [fig
`
`2 & col 3, lines 51-65]. It has been held that discovering an optimum value of a result-
`
`effective variable involves only routine skill in the art [MPEP 2144.05].
`
`Modified Yoshida’993 and Ghanbari are analogous inventions in the field of
`
`inductively coupled plasma processing apparatuses. It would have been obvious to one
`
`skilled in the art before the coil of modified Yoshida’993 with the winding density of
`
`Ghanbari to adjust the coil to produce a more uniform plasma [Ghanbari — col 3, lines
`
`51 -65].
`
`Response to Arguments
`
`16.
`
`Applicant’s arguments, see Remarks, filed 10/27/2017, with respect to the
`
`rejection of claim(s) 3 and 5-8 under 35 USC 112(b) have been fully considered and are
`
`

`

`Application/Control Number: 14/919,325
`
`Page 13
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`Art Unit: 1718
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`persuasive. The rejection of c|aim(s) 3 and 5-8 under 35 USC 112(b) has been
`
`withdrawn in view of the amendments to claims 3 and 5.
`
`17.
`
`Applicant's arguments, see Remarks, filed 10/27/2017, with respect to the
`
`rejection of c|aim(s) 1-11, 13-15, 18, and 19 under 35 USC 103 have been fully
`
`considered but they are not persuasive.
`
`Applicant argues that the electrode pattern (1a/1 b) of Yoshida’993 is not formed
`
`on the second surface of the dielectric member but is buried in the dielectric member 2.
`
`When something is buried in an element, we cannot say it is formed on the surface of
`
`the element.
`
`In response, examiner disagrees. Nothing in the claims require that “the second
`
`surface” of the dielectric member is an outermost surface of 2. The second surface of 2
`
`has been defined to be the surface of 2 contacting the top of 1a. To be clear, the hollow
`
`portion of 2 wherein 1a is buried has surfaces defining the hollow portion. The top such
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`surface of has been interpreted to correspond to “the second surface”.
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`Additionally, it is noted that the claimed “insulation film" has been interpreted to
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`correspond to the portion of dielectric 2 below 1a.
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`Finally, 1a would not be buried within "dielectric member" in the modified
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`structure set forth in the rejection of record. Specifically, the rejection states that it would
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`be obvious to separate 2 of Yoshida'993 into separable structures (i.e. to make “the
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`dielectric member” and “the insulation film” separable structures), since it has been held
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`that making a formerly integral structure separable involves only routine skill in the art
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`[MPEP 2144.04]. Furthermore, it would have been obvious to one skilled in the art at
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`

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`Application/Control Number: 14/919,325
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`Page 14
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`Art Unit: 1718
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`the time of the invention to make “the dielectric member” and the “insulation film
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`separable structures” since such would allow the structure to be formed by simply
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`stacking the structures, thereby lowering fabrication cost [Hama’760 — col 9, lines 4-10].
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`Applicant’s arguments directed to claims 15 and 18—19 have been fully
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`considered but are moot because the amendments are drawn to a non-elected
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`embodiment.
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`Conclusion
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`18.
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`The prior art made of record and not relied upon is considered pertinent to
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`applicant's disclosure. Paterson et al (US 2008/0236490) teaches a gas injection port
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`which is formed in a portion overlapping with at least a part of the slit portion when
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`viewed in a plane view [fig 8]. Sakka et al (US 2013/0299091) teaches a gas injection
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`port which is formed in a portion overlapping with at least a part of the window portion
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`when viewed in a plane view [fig 9].
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`19.
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`Applicant's amendment necessitated the new ground(s) of rejection presented in
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`this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP
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`§ 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37
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`CFR1.136(a).
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`A shortened statutory period for reply to this final action is set to expire THREE
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`MONTHS from the mailing date of this action.
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`In the event a first reply is filed within
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`TWO MONTHS of the mailing date of this final action and the advisory action is not
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`mailed until after the end of the THREE-MONTH shortened statutory period, then the
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`

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`Application/Control Number: 14/919,325
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`Page 15
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`Art Unit: 1718
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`shortened statutory period will expire on the date the advisory action is mailed, and any
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`extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of
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`the advisory action.
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`In no event, however, will the statutory period for reply expire later
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`than SIX MONTHS from the date of this final action.
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`20.
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`Any inquiry concerning this communication or earlier communications from the
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`examiner should be directed to BENJAMIN KENDALL whose telephone number is
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`(571 )272—5081. The examiner can normally be reached on Mon-Thur: 9-5 EST.
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`Examiner interviews are available via telephone, in-person, and video
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`conferencing using a USPTO supplied web-based collaboration tool. To schedule an
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`interview, applicant is encouraged to use the USPTO Automated Interview Request
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`(AIR) at http://www.uspto.gov/interviewpractice.
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`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
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`supervisor, Gordon Baldwin can be reached on (571)272-5166. The fax phone number
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`for the organization where this application or proceeding is assigned is 571 -273-8300.
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`

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`Application/Control Number: 14/919,325
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`Page 16
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`Art Unit: 1718
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`Information regarding the status of an application may be obtained from the
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`Patent Application Information Retrieval (PAIR) system. Status information for
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`published applications may be obtained from either Private PAIR or Public PAIR.
`
`Status information for unpublished applications is available through Private PAIR only.
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`For more information about the PAIR system, see http://pair-direct.uspto.gov. Should
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`you have questions on access to the Private PAIR system, contact the Electronic
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`Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a
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`USPTO Customer Service Representative or access to the automated information
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`system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
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`/BENJAMIN KENDALL/
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`Primary Examiner, Art Unit 1718
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`