05/as/2004 THU 22:04 FAX 781 271 1527 KURT mguscnnnmcn
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`RECEIVED
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`@004/019
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`oF§§@lAl,.....
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`_
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`APPLICANT:
`
`Roman Chistyakov
`
`SERIAL NO.:
`
`10/249,202
`
`GROUP NO.:
`
`2821
`
`FILING DATE:
`
`March 21, 2003
`
`EXAMINER:
`
`V0, Tuyet Thi
`
`TITLE:
`
`PLASMA GENERATION USING MULTLSTEP IONIZATION
`
`Commissioner for Patents
`
`Alexandria, Virginia 23313-1450
`
`AMENDMENT AND RESPONSE
`
`Sir:
`
`'
`
`-
`
`The following amendments and remarks are responsive to the Oflice Action mailed on
`
`February 11, 2004 in the above-identified patent application. Entry and consideration of the
`
`following amendments and remarks. and allowance of the claims, as presented, are respectfully
`
`requested. The Commissioner is hereby authorized to charge the additional claims fee and any
`
`other proper fees to Attorney's Deposit Account No. 501211.
`
`Please enter the following amendments and consider the remarks that follow.
`
`PAGE4l19" RCVD ATW2004 10:19:39 PM [Eastern Daylight Tlmel’SVR:U‘.*}PTO-EFXRF-lI0*DNlS:3?29305‘CSIDIYS1 271 152?*DURATION (mm-ss):05-58
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`TSMC-1309
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`TSMC v. Zond, Inc.
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`Page 1 of 16
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`TSMC-1309
`TSMC v. Zond, Inc.
`Page 1 of 16
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`

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`05/06/2004 THU 22:04 FAX 781 271 1527 KURT RAUSCBENBACH
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`B05/019
`
`Amendment and Response
`Applicant: Chistyalcov
`Serial No.: lOf_249,202
`Page 2 of 16
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`Amendments to the Claims:
`
`Please amend claims 1. 6, 18, 22, 30, 33, and 40-42 and add new claims 43-46 as follows.
`
`I.
`
`(currently amended) A plasma generator that generates a plasma with a multi-step
`
`ionization process, the plasma generator comprising:
`
`a food gas source cornpxisilzg ground‘ state atoms;
`
`an excited atom source that is—eee=pleé—%e receives ground state atoms §r_qm the feed gas
`
`source, the excited atom source cornprising a magnet that generates a magnetic field for
`
`substantially trapping electrons groximate to the groung gggte gtogls, the cxcitcd atom
`
`source generating excited atoms from the ground state atoms;
`
`a plasma chamber that is coupled to the excited atom source, the plasma chamber
`
`confining a volume of ex cited atoms generated by the excited atom source; and
`
`an energy source that is coupled to the volume of excited atoms confined by the plaszng
`
`chamber. the energy source raising an energy of excited atoms in the volume of excited
`
`atoms so that at least a portion of the excited atoms in the volume of excited atoms is
`
`ionized, thereby generating a plasma with a multi-step ionization process.
`
`2.
`
`4
`
`(original) The plasma generator of claim 1 wherein the feed gas source comprises ground
`
`state atoms that are chosen from the group comprising noble gas atoms, a mixture of
`
`different noble gas atoms, reactive gas atoms, a mixture of different reactive gas atoms,
`
`and a mixture of noble and reactive gas atoms.
`
`3.
`
`(original) The plasma generator ofclaim 1 wherein the food gas source comprises a
`
`volume of ground state argon atoms.
`
`4.
`
`(original) The plasma generator of claim 1 wherein the excited atom source comprises a
`
`metastable atom source that generates metastable atoms from the ground state atoms.
`
`PAGE 5I19 ‘ RCVD AT 51612004 10:19:39 PM [Eastern Daylight Time)‘ SVR:USPTO-EFXRF-H0’ DMlS:8T2930fi * CSlD:?81 271 1527 ’ DURATION (mm-ss):05-58
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`TSMC-1309 I Page 2 of 16
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`TSMC-1309 / Page 2 of 16
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`

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`05/08/2004 THU 22:04 FAX 781 271 1527 KURT RAUSCHENBACH
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`Q1008/019
`
`Amendment and Rcsponsc
`Applicant: Chistyakov
`Serial No.: 10/249,202
`Page 3 of 16
`
`5.
`
`(original) The plasma generator of claim 1 wherein the excited atom source comprises a
`
`first electrode and a second electrode, the first electrode and the second clcctrode
`
`generating a discharge that excites the ground state atoms.
`
`6.
`
`(currently amended) The plasma generator of claim 1 wherein thee
` magnetic field that substantially traps
`
`electrons proximate to the ground state atoms increases at least one of
`
`a rate at which the excited atoms are generated from the ground state atoms and a density
`
`of excited atoms.
`
`7.
`
`(original) The plasma generator of claim 1 wherein the excited atom source comprises an
`
`electron gun that directs an electron beam into the ground state atoms, the electron beam
`
`exciting the ground state atoms.
`
`8.
`
`(original) The plasma generator of claim 1 wherein a pressure differentialexists between
`
`a pressure in the excited atom source and a pressure in the plasma chamber, the pressure
`
`differential increasing at least one of a rate at which the excited atoms are generated Front
`
`the ground state atoms and a density of the excited atoms.
`
`9.
`
`(original) The plasma generator of claim 1 wherein the excited atom source comprises an
`
`inductively coupled discharge source that generates a discharge that excites ground state
`3101313.
`
`10.
`
`(original) The plasma generator of claim 1 wherein the excited atom source is positioned
`
`inside the plasma chamber.
`
`11.
`
`(original) The plasma generator of claim 1 wherein the excited atom source is positioned
`
`outside the plasma chamber.
`
`12.
`
`(original) The plasma generator of claim 1 wherein the excited atoms generated by the
`
`excited atom source have a lower ionization energy compared with an ionization energy
`
`of the ground state atoms.
`
`PAGE 5!1.9*RCVD AT 5f6f2804 10:19:39PM[Eastetn Daylight TimerSVR:USPTO-EXRF-110‘lJNlS:8l29306‘ CSIDITS1 2?1 152l'DURATl0N (mm-ss):05-68
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`TSMC-1309 I Page 3 of 16
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`TSMC-1309 / Page 3 of 16
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`

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`05/OB/2004 THU 22204‘ FAX 781 271 1527 KURT RAUSCHENBACH
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`007/019
`
`Amendment and Response
`Applicant: Chistyakov
`Serial No.: l 0/249,202
`Page 4 of 16
`
`13.
`
`(original) The plasma generator of claim I wherein the energy source is chosen from the
`
`group comprising a DC discharge source, a radio frequency (RF) source, an X—ray source,
`
`an electron beam source, an ion beam source, an inductively coupled plasma (ICP)
`
`source, a capacitivcly coupled plasma (CCP) source, a microwave plasma source, an
`
`electron cyclotron resonance (ECR) plasma source, a hclicon plasma source, a magnetron ~
`
`source, and an AC discharge source.
`
`14.
`
`(original) The plasma generator of claim 1 wherein the energy source comprises a power
`
`supply.
`
`15.
`
`(original) The plasma generator of claim 14 wherein the power supply is chosen from the
`
`group comprising a pulsed (DC) power supply, a RF power supply, an AC power supply,
`
`and a DC powersupply.
`
`16.
`
`(original) The plasma generator of claim 1 further comprising an electron/ion absorber
`
`that receives the excited atoms from the excited atom source, the cloctron/ion absorber
`
`trapping elections and ions.
`
`-——
`
`l7.
`
`(original) The plasma generator of claim 1 wherein the plasma that is generated with the
`
`multi-stop ionization process has a higher plasma density than a plasma that is generated
`
`by direct ionization of the ground state atoms.
`
`18.
`
`(currently amended} A plasma generator thal generates a plasma with a multi-step
`
`ionization process, the plasma generator comprising:
`
`a feed gas source comprising ground state atoms;
`
`a metastable atom source that is-coupleekte receive; ggmg gt‘gte atoms from the Feed gas
`
`source, the metastable atom source oomgrising a magnet that generates a magnetic field
`
`for gbstanfiallg trapping electrons proximatg to the ground’ state atoms, the metastable
`
`atom source generating metastable atoms from the ground state atoms;
`
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`TSMC-1309 I Page 4 of 16
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`TSMC-1309 / Page 4 of 16
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`

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`05/08/2004 THU 22:05 FAX 781 271 1527 KURT RAUSCHENBACH
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`E1008»/018
`
`Amendment and Response
`Applicant: Chistyakov
`Serial No.: 10/249,202
`Page 5 of 16
`
`a plasma chamber that is coupled to the metastable atom source, the plasma chamber
`
`confining a volume of metastable atoms generated by the metastable atom source; and
`
`a power supply that is electrically coupled to the volume of metastable atoms confined by
`
`the plasma chamber, the power supply generating a power that raises an energy of
`
`metastable atoms in the volume of metastable atoms so that at least a portion of the
`
`metastable atoms in the volume of metastable atoms is ionized, thereby generating a
`
`plasma with a multi-step ionization process.
`
`19.
`
`(original) The plasma generator of claim 18 wherein the metastable atom source
`
`comprises a first electrode and a second electrode, the first electrode and the second
`
`electrode generating a discharge that excites the ground state atoms to a metastable state.
`
`20.
`
`(original) The plasma generator of claim 18 wherein the metastable atom source
`
`'
`
`comprises an electron gun that directs an electron beam into the ground state atoms, the
`
`electron beam exciting the ground state atoms to a metastable state.
`
`21.
`
`(original) The plasma generator of claim 18 wherein the metastable atom source
`
`comprises an inductively coupled discharge source that generates a discharge that excites
`
`the ground state atoms.
`
`22.
`
`(currently amended) The plasma generator of claim 18 wherein the metastebleetem
`
` magnetic field that substantially traps
`
`electrons proximate to the ground state atoms increases at least one of
`
`a rate at which the metastable atoms are generated from the ground state atoms and a
`
`density of the metastable atoms.
`
`23.
`
`(original) The plasma generator of claim 18 wherein a pressure differential exists
`between a pressure in the metastable atom source and a pressure in the plasma chamber,
`
`the pressure differential increasing at least one of a rate at which the metastable atoms are
`
`generated from the ground state atoms and a density of the metastable atoms.
`
`PAGE 8l19 ' RCVD AT Slfilllllll 10:19:39 PM Eastern Daylight Time] ' SVR:USPTO-EFXRF-110*DlllS:8?29305 ‘ CS|D:781 271 152? ‘ DURATION (mm-ss):05-58
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`TSMC-1309 I Page 5 of 16
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`TSMC-1309 / Page 5 of 16
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`

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`05/D8/2004 THU 22:05 FAX 781 271 1527 KURT RAUSCHENBACH
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`’
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`@009/O19
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`Amcndrncnt and Response
`Applicant: Chistyfikv
`Serial No.: 10/249302
`Page 6 of 16
`
`24.
`
`(original) The plasma generator of claim 18 wherein the metastable atom source is
`
`positioned inside the plasma chamber.
`
`25,
`
`(oiginal) The plasma gene.re.t-r of claim 18 wherein the metastable atom source is
`
`positioned outside the plasma chamber.
`
`26.
`
`(original) Thcuplasma generator of claim 18 wherein the metastable atoms generated by
`
`the metastable atom source have a lower ionization energy compared with an ionization
`
`energy of the ground state atoms.
`
`27.
`
`(original) The plasma generator of claim 18 wherein the power supply is chosen from the
`
`group comprising a pulsed (DC) power supply, a RF power supply, an AC power supply,
`
`and 3 DC power supply.
`
`28.
`
`(original) The plasma generator of claim 18 fiirther comprising an electron/ion absorber
`
`that receives the metastable atoms from the metastable atom source, the electron/ion
`
`absorber hopping elections and ions. 1
`
`29.
`
`(original) The plasma generator of claim 18 wherein the plasma that is generated with
`
`the multi-step ionization process has a higher plasma density than a plasma that is
`
`generated by direct ionization of the ground state atoms.
`
`30.
`
`(currently amended) A method for generating a plasma with a multi-step ionization
`
`process, the method comprising:
`
`generating a magnetic field proximate to a volume of ground state atoms to substantially
`
`trap electrons proximate to the volume of ground state atoms;
`
`generating a volume of metastable atoms from a 1;_h_q volume of ground state atoms; and
`
`raising an energy of the metastable atoms so that at least a portion of the volume of
`
`metastable atoms is ionized, thereby generating a plasma with a multi—step ionization
`
`process.
`
`PAGE9119‘ RCVDAT5552004 10:19:39PM [EasternDaylghtTime]"SliR:ll$PT0-EFXVRF-110*DlllS:8i29306‘ CSlD:l81 271 1521‘‘ DURATION [mm-ss):05-58
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`TSMC-1309 I Page 6 of 16
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`TSMC-1309 / Page 6 of 16
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`

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`05/08/2004 THU 22:05 FAX 781 271 1527 KURT RAUSCHENBACH
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`010/019
`
`Amendment and Response
`Applicant: Chistynkov
`Serial No.: 10/249,202
`Page 7 of 16
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`31.
`
`(original) The method of claim 30 wherein the volume of ground state atoms comprises a
`
`volume of noble gas atoms.
`
`32.
`
`(original) The method of claim 30 wherein the generating the volume of metastable
`
`atoms comprises generating a discharge that excites at least a portion of the ground state
`
`atoms in the volume of groundstate atoms to a metastable state.
`
`33.
`
`(currently amended) The method of claim §_Q
`
`wherein the
`
`generating a the magnetic field proximate to the volumeof ground state atoms;-the
`
`
` increases excitation of at least a the portion of the ground state
`
`atoms in the volume of the ground state atoms to a metastable state.
`
`A 34.
`
`(original) The method of claim 30 wherein the generating the volume ‘of metastable
`atoms comprises generating an electron beam that excites at least a. portion of the ground
`
`state atoms in the volume of ground state atoms to a metastable state.
`
`35.
`
`(original) The method of claim 30 wherein the raising the energy of the metastable atoms
`
`comprises exposing the metastable atoms to an electric field.
`
`.
`
`36.
`
`(original) The method of claim 30 wherein the raising the energy of the metastable atoms
`
`comprises exposing the metastable atoms to X-ray radiation.
`
`37.
`
`(original) The method of claim 30 wherein the raising the energy of the metastable atoms
`
`comprises exposing the metastable atoms to a plasma.
`
`38.
`
`.
`
`(original) The method of claim 30 further comprising trapping electrons and ions in the
`
`volume of metastable atoms.
`
`39.
`
`(original) The method of claim 30 wherein the raising the energy of‘ the metastable atoms
`
`comprises exposing the metastable atoms to an electron source.
`
`PAGE W19’ RCVD AT 5l6i2004 10:19:39 PM [Eastern Dayilght Tine] ‘ SVR:USPTO-EFXRF-ill‘ DNiS:8T293ll5 ‘ CSIW81 271 152?‘ DURATION (mm-ss):05-58
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`TSMC-1309 / Page 7 of 16
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`

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`05/08/2004 THU 22:08 FAX 781 271 1527 KURT RAUSCEENBACH
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`@011/018
`
`Amcndntcnt and Response
`Applicant; Chisryakov
`Serial No.: 10/249,202
`Page 8 of H5
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`40.
`
`.
`
`(currently amended) A method for generating a plasma with a multi-step ionization
`
`process, the method comprising:
`
`generating a magnetic field oroxirnate to a volume of ground state molecules to
`
`gghstanti ally trgg glggtmgg groximatc to the volume of ground state molecules;
`
`generating a volume of metastable molecules from a E volume of ground state
`
`molecules; and
`
`_L‘ -4
`raising an energy of the irrt-‘ “t-“sis rttoiecoles so max at least a portion of the volume of
`
`metastable molecules is ionized, thereby generating a plasma with a. multi-step ionization
`
`process.
`
`41.
`
`(currently amended) An apparatus for generating a plasma comprising:
`
`means for generating a magnetic field groximatc to a volume of gound state atoms to
`
`ial
`
`c
`
`ximate to the volume of ound state atoms-
`
`means for generating a volume of metastable atoms from a me volume of ground state
`
`atoms; and
`
`means for raising an energy of the metastable atoms so that at least a portion of the
`
`volume of metastable atoms is ionized, thereby generating a plasma with a multi-step
`
`ionization process.
`
`42.
`
`(currently amended) The apparatus of claim 41 further comprising means for trapping
`
`electrons eleetions and ions in the volume of metastable atoms.
`
`43.
`
`(new) A plasma. generator that generates a plasma with a multi-step ionization process,
`
`the plasma generator comprising:
`
`a feed gas source comprising ground state atoms;
`
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`TSMC-1309 / Page 8 of 16
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`

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`05/06/2004 THU 22:06 FAX 781 271 1527 KURT RAUSCEENBACH
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`@012/019
`
`Amendment and Response
`Applicant: Chistyakov
`Serial No.: 10/249,202
`Page 9 of 16
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`an excited atom source that is coupled to the feed gas source. the excited atom source
`
`generating excited atoms fi'om the ground state atoms;
`
`a plasma chamber that is coupled to the excited atom source. the plasma chamber
`
`confining a volume of excited atoms generated by the excited atom source, whcrein a
`
`pressure differential exists between a pressure in the excited atom source and a pressure
`
`in the plasma chamber, the pmssurc differential increasing at least one of a rate at which
`
`the excited atoms are generated from the ground state atoms and a density of the excited
`
`atoms; and
`
`an energy source that is coupled to the volume of excited moms confined by the plasma
`
`Chamber’. the energy source raising an energy of excited atoms in the volume of excited
`
`atoms so that at least a portion of the excited atoms in the volume of excited atoms is
`
`ionized, thereby generating a plasma with a mulii—stop ionization process.
`
`44.
`
`(new) A plasma generator that generates a plasma with a multi-step ionization process,
`
`the plasma generator comprising:
`
`--
`
`a feed gas source comprising ground state atoms;
`
`an inductively coupled discharge source that is coupled to the feed gas source, the
`
`inductively coupled discharge source generating excited atoms from the ground state
`
`2101115;
`
`21 plasma chamber that is coupled to the inductively coupled discharge source, the plasma
`
`chamber confining a volume of excited atoms generated by the inductively coupled
`
`discharge source; and
`
`an energy source that is coupled to the volume of cxciied atoms confined by the plasma
`
`chamber, the energy source raising an energy of excited atoms in the volume of excited
`
`atoms so that at least a portion of the excited atoms in the volume of‘ excited atoms is
`
`ionized, thereby generating a plasma with a multi—step ionization process.
`
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`05/08/2004 THU 22106 FAX 781 271 1527 KURT RAUSCHENBACH
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`@013/019
`
`Amendment and Response
`Applicant: Clzistymv
`Serial No: 10/249,202
`Page 10 of 16
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`45.
`
`(new) A plasma generator that generates :1 plasma with a multi-step ionization process,
`
`the plasma generator comprising:
`
`2 .eed go- source ecrnprisiog ground state ator";
`
`an excited atom source that is coupled to the feed gas source, the excited atom source
`
`generating excited atoms from the ground state atoms;
`
`an electron/ion absorber that receives the excited atoms generated by the excited atom
`
`source and then traps elections and ions;
`
`a plasma chamber that is coupled to the electron/ion absorber, the plasma chamber
`
`confining avolume of excited atoms generated by the excited atom source; and
`
`an energy source that is coupled to the volume of excited atoms confined by the plasma
`
`chamber, the energy source raising an energy of‘ excited atoms in the volume of excited
`
`atoms so that at least a portion of the excited atoms in the volume of excited atoms is
`
`ionized, thereby generating a plasma with a multi—step ionization process.
`
`46.
`
`(new) A method for generating a plasma with a multi-step ionization process, the method
`
`comprising:
`
`V generating a volume of metastable atoms fiom a volume of ground state atoms;
`
`trapping electrons and ions in the volume of metastable atoms; and
`
`raising an energy of the metastable ‘atoms so that at least a portion ofthe volume of
`
`metastable atoms is ionized, thereby generating a plasma with a multi-step ionization
`
`process.
`
`PAGE l3ll9 ‘ RCVD AT Slfilllllll 10:19:39 PM [Eastern Dayllght Tine] ‘ SVR:USPTO-EFXRF-ill ‘ DlllS:8T293ll‘o‘ ’ CSlD:?81 271 152? ’ DURATION (mm-ss):05-58
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`TSMC-1309 I Page 10 of 16
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`TSMC-1309 / Page 10 of 16
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`

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`05/08/2'004 THU 22:06 FAX 781 271 1527 KURT RAUSCHENBACH
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`@014/019
`
`Amendment and Response
`Applicant: Chistyakov
`SeriaI_No.: 10/249,202
`Page 1 l of 16
`
`Pending Claims:
`
`é
`
`REMARKS
`
`Claims l-46 are currently pending in the present application. Claims 1, 6, 18, 22, 30,
`
`33, and 40-42 are amended by the present Amendment. New claims 43-46 have been added.
`
`No new matter is added by these amendments. Upon entry of the present Amendment,
`
`reconsideration of‘ claims 1-42 and consideration of new claims 43-46 is respectfully
`
`requested.
`
`Allowable Subject Matter:
`
`The Applicant acknowledges with appreciation the Examiner's statement made in
`paragraph 7 of the Office Action dated February 11, 2004 that claims 6, 8, 9, 16, 21-23, 28, 33,
`
`and 38 would be allowable if rewritten in independent form including all of the limitations of the
`
`base claim and any intervening claims. The'Applicant has amended independent claim 1 to
`
`include the limitation of dependent claim 6, which the Examiner has indicated is allowable. The
`Applicant has zimended independent claim 18 to include the limitation of dependent claim 22,’ i
`which the Examiner has also indicated is allowable. In addition, the Applicant has amended
`
`independent claim 30 to include the limitation of dependent claim 33, which the Examiner has
`
`also indicated is allowable. Therefore, the Applicant submits that independent claims 1, 18, and
`
`30 are now allowable as currently amended. In addition, the Applicant submits that dependent
`
`claims 2-17, 19-29, and 31-39 are now allowable as depending from allowable base claims.
`
`Dependent claim 8 was rewritten in independent form in new claim 43. The Examiner
`
`has indicated that dependent claim 8 is allowable. Therefore, the Applicant submits that new
`
`claim 43 is allowable over the prior art ol're-cord. Dependent claim 9 was rewritten in
`independent form in new claim 44. The Examiner has indicated that dependent claim 9 is
`
`allowable. Therefore, the Applicant submits that new claim 44 is allowable over the prior art of
`
`record. Dependent claim 16 was rewritten in independent form in new claim 45. The Examiner
`has indicated that dependent claim 16 is allowable. Therefore, the Applicant submits that new
`claim 45 is allowable over the prior art of record. In addition, Dependent claim 38 was rewritten
`
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`TSMC-1309 I Page 11 of 16
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`TSMC-1309 / Page 11 of 16
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`

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`05/08/2004 THU 22107 FAX 781 271 1527 KURT RAUSCHENBACH
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`@015/019
`
`Amendment and Response
`Applicemz Chistyakov
`Serial No.2 10/249,202
`Page 12 of 16
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`in independent form in new claim 46. The Examiner has indicated that dependent claim 38 is
`
`allowable. Therefore, the Applicant submits that new claim 46 is allowable over the prior art of
`record.
`
`Drawing Obicctlonst
`
`Paragraph 1 of the Office Action dated February 11, 2004 states that the drawings are
`
`objected to under 37 C.F.R. §1.83(a). The drawings must show every feature of the invention
`
`specified in the claims. Specifically, the electron see must be shown or removed
`
`claims 7
`
`and 20. The Applicant respectfully submits that the originally-filed FIG. 8 and the
`
`corresponding written detailed description explicitly illustrate the electron gun 604 (See, for
`
`example, FIG. 8 and paragraph 118). Therefore, the Applicant submits that the drawings as
`
`originally-filed are not objectionable under 37 C.F.R. §l.83(a).
`
`Claim Obiections:
`
`Paragraph 2 of the Officc Action dated February 1 1, 2004 states that claim 42 is objected
`to because of a typographical error. The Applicant has amended claim 42 to replace the word
`
`“elections” with the word "electrons” as suggested in paragraph 2 ol‘ the Ofiioe Action.
`
`Therefore, the Applicant submits that claim 42 as currently amended overcomes the objection.
`
`Rejections under 35 U.S.C. §102[e) as Being Anticipated by Bertrand et al.:
`
`Claims 1-5, 7, 11-15, 17-20, 25-27, 29-32, 34, 35, 37, 39, and 40~»42 are rejected under 35
`
`U.S.C. §102(c) as being anticipated by U.S. Patent No. 6,661,178 issued to Bertrand et al.
`
`(hereinafter “Ber1.rand"). Independent claims 1, 18. 30, 40, and 41 are herein amended to more
`
`clearly recite the invention. No new matter is added by these amendments.
`
`To anticipate a claim under 35 U.S.C. {$102, a single refcrcnce must teach every aspect of
`
`the claimed invention either explicitly or impliedly. Any feature not directly taught by the
`
`reference must be inherently present in the reference. Thus, a claim is anticipated by a reference
`
`only if each and every element of the claim is described, either expressly or inherently, in 21
`
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`TSMC-1309 I Page 12 of 16
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`TSMC-1309 / Page 12 of 16
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`

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`05/08/2004 Tl-lll 22:07 FAX 731 271 1527 KURT RAUSCHENBACH
`
`E3018/O19
`
`Amendment and Response
`Applicant: Chistyaltov
`Serial No.: 10/249,202
`Page 13 of 16
`
`single prior art rcfcrcnce.
`
`lndepgndmt Clgnrn 1 mg Qegendcnt Claims 2-5, 7, 11-15, and 17
`
`The Applicant respectfiilly submits that Bertrand does not describe each and every
`
`element of independent claim 1 as currently amended. Independent claim 1 has been amended to
`
`include the limitation of dependent claim 6, which the Examiner has indicated is allowable.
`
`Therefore, as stated above, the Applicant submits that independent claim 1 is allowable and
`
`dependent claims 2-5, 7, 11-15, and 17 are allowable as depending from allowable base claim.
`
`independent Claim 18 and Dependent Claims 19, 20, 25, 26, 27, agd 22
`
`The Applicant respectfully submits that Bertrand does not describe each and every
`
`element of independent claim 18 as currently amended. Independent claim 18 has been amended ’
`
`to include the limitation of dependent claim 22, which the Examiner has indicated is allowable,
`
`3
`
`Therefore, as stated above, the Applicant submits that independent claim 18 is allowable and
`
`dependent claims 19, 20, 25, 26, 27, and 29 are allowable as depending from allowable base
`
`claim.
`
`Ixldgpendent Claim 30 and Dependent Claims 31, 32, 34, 35, 37, and 39
`
`The Applicant respectfully submits that Bertrand does not describe each and every
`
`element of independent claim 30 as currently amended. Independent claim 30 has been amended
`
`to include the limitation of dependent claim 33, which the Examiner has indicated is allowable.
`
`Therefore, as stated above, the Applicant submits that independent claim 30 is allowable and
`
`dependent claims 31, 32, 34, 35, 37, and 39 are allowable as depending from allowable base
`
`claim.
`
`independent Claim 40
`
`The Applicant respectfillly submits that Bertrand does not describe each and every
`
`element of independent claim 40 as currently amended. independent claim 40 has been amended
`
`to include the limitation of dependent claim 33, which the Examiner has indicated is allowable.
`
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`TSMC-1309 I Page 13 of 16
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`TSMC-1309 / Page 13 of 16
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`

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`05/06/2004 THU 22207 FAX 781 271 1527 KURT RAUSCHENBACH
`
`Q1017/018
`
`Amendment and Response
`Appiicam: Chistjrdvzc:-v
`Serial No.: 10/249,202
`Page 14 of 16
`
`‘
`
`Amended independent claim 40 recites a method for generating a plasma with a multi-step «
`ionization process that includes generating a magnetic field proximate to a xiolume of ground
`
`state atoms to substantially trap electrons proximate to the volume of ground state atoms. This
`
`amendment to claim 40 is supported by the originally-filed specification. No new matter is
`added ‘by this amendment.
`
`Paragraph 7 of the Office Action states that the prior art fails to disclose a magnet that
`
`generates a magnetic field for trapping electrons proximate to the ground state atoms as required
`
`by ciaims 5, 22, and 33. The Applicant sub-nits that there is no disclosure in Bertrand of
`
`generating a magnetic field to trap electrons proximate to a volume of ground state atoms, and
`
`thus Bertrand does not describe each and every element of independent claim 40 as currently
`
`amended, either expressly or inherently. Therefore, the Applicant submits that Bertrand does not
`
`anticipate independent claim 40 as currently amended. Thus, the Applicant submits that
`
`amended independent claim 40 is allowable under 35 U.S.C. §l 02(e).
`
`Tndegggdent gglaim 4-land Dependent §21air_n 3;
`
`The Applicant respectfully submits that Bertrand does not describe each and every
`
`element ofindcpcndent claim 41 as currently amended. Independent claim 41 has also been
`amended to include the limitation of dependent claim 33, which the Examiner has indicated is
`allowable. Amended independent claim 41 recites a method for generating a plasma with a
`
`muiti—step ionization process including a means for generating a magnetic field proximate to a
`
`volume of ground state atoms to substantially trap clccrrons proximate to the volume of ground
`state atoms. This amendment to claim 41 is supported by theboriginally-filed specification. No
`
`new matter is added by this amendment.
`
`The Applicant submits that there is no disclosure in Bertrand of a means for generating a
`
`magnetic field to trap electrons proximate to a volume of ground state stems, and thus Bertrand
`
`does not describe each and every clement of independent claim 41 as currently amended.
`
`Therefore, the Applicant submits that Bertrand does not anticipate independent claim 4] as
`
`PAGE 17!19 * RCVD AT {M2004 10:19:39 PM [Eastern Daylight Time] * SVR:USPTO-EFXRF-1f0‘ DN|5:87293B5 ‘CSlD:?81 271 ‘I52? ‘ DURATION (mm«ss):n5-58
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`TSMC-1309 I Page 14 of 16
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`TSMC-1309 / Page 14 of 16
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`

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`05/06/2004 THU 22:08 FAX 781 271 1527 KURT RAUSCHENBACH
`
`[Z1018/019
`
`.
`
`Amendment and Response
`Applicant: Chistyakov
`_ Serial No.: 10/249,202
`Page 15 of 16
`
`currently amended, either expressly or inherently. Thus, the Applicant submits that amended
`
`independent claim 41 and dependent claim 42 are allowable under 35 U.S.C. §l02(e).
`
`Reiectlons under 35 U.S.C. §103:
`
`Claims 10, 24. and 36 are rejected under 35 U.S.C. §103(a) as being unpatentable over
`
`Bertrand. The Applicant respectfully submits that Bertrand does not render dependent claims 10,
`
`24, and 36 obvious.
`
`D n
`
`nt
`
`laims l0 24 ud.
`
`Dependent claim 10 depends on independent claim 1. The Applicant respectfully
`
`submits that independent claim 1 as currently amended is allowable over the prior art ofrecord
`
`for the reasons stated above. Thus, the Applicant submits that dependent claim 10 is allowable
`
`as depending from an allowable base claim.
`
`Dcpcndcnt claim 24 depends on independent claim 18. The Applicant respectfully
`
`submits that independent claim 18 as currently amended is allowable over the prior art of record
`for the reasons stated above. Thus, the Applicant submits that dependent claim 24 is allowable
`
`as depending from an allowable base claim.
`
`Dependent claim 36 depends on independent claim 30. The Applicant respectfully
`
`submits that independent claim 30 as currently amended is allowable over the prior art of record
`
`for the "reasons stated above. Thus, the Applicant submits that dependent claim 36 is allowable
`
`as depending from an allowable base claim.
`
`CONCLUSION
`
`' Claims 1-45 are currently pending in the present application. Claims 1, 5, 13, 22, 30, 33,
`
`and 4042 are amended by the present Amendment. New claims 43-46 are added. In view of the
`
`foregoing amendments and remarks, reconsideration and allowance of all pending claims (i.e.,
`
`claims 1-46) is respectfully requested.
`
`PRGE 18l19 ‘ RCVDAl’ 5512004 10:19:39 PM [Eastern Dayttght Ttne] * SVRIUSPTO-EFXRF-110 ‘ DlllS:8729306 ‘ CSlD!T8l 211 1527 * DURATl0ll (mm-ss):05-58
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`TSMC-1309 I Page 15 of 16
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`TSMC-1309 / Page 15 of 16
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`

`
`05/06/2004 THU 22:08 FAX 781 271 1527 KURT RAUSCHENBACH
`
`E1019/019
`
`.
`
`Amendment and Response
`Appficank: Chistyakov
`SerialNo.: IQ/249,202
`Page 16 of 16
`
`The Commissioner is hereby authorized to charge the additional claims‘ fee and any other
`
`proper fees to Attorney's Deposit Account No. 50121 1 .
`
`L
`..
`.. ...:~
`1. tum
`If, in the Examiner's opinion, a telephonic interview would expedite‘prosec1:ti* 1
`
`present application, the undersigned auomey would welcome the oppommity to discuss any
`
`outstanding issues, and to work with the Examiner toward placing the application in condition
`for allowance.
`
`Date: May 6. 2004
`Reg. No. 40.137
`
`Tel. No.: (781) 2714503
`Fax No.: (781) 271-1527
`
`Kurt Rauschenbach, Ph.D.
`Attorney for Applicant
`Rauschenbach Patent Law Group, LLC
`Post Office Box 387
`Bedford, MA 01730
`
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`TSMC-1309 I Page 16 of 16
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`TSMC-1309 / Page 16 of 16