throbber
PATENT
`Attorney Docket No.: ZON-002CN
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`APPLICANT:
`
`SERIAL NO.:
`
`Chistyakov
`
`10/897,257
`
`GROUP NO.:
`
`1795
`
`FILING DATE:
`
`July 22, 2004
`
`EXAMINER:
`
`Rodney Glenn
`McDonald
`
`TITLE:
`
`METHODS AND APPARATUS FOR GENERATING HIGH(cid:173)
`DENSITY PLASMA
`
`Commissioner for Patents
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`AMENDMENT AND RESPONSE
`
`Sir:
`
`The following remarks are responsive to the Office Action mailed on March 27, 2008 in
`
`the above-identified patent application. Consideration of the following remarks, and allowance
`
`of the claims, as presented, is respectfully requested. A Petition for a three month extension of
`
`time, up to and including September 27, 2008 is submitted herewith. Authorization to charge
`
`Attorney's charge card for the extension fee and any other proper fees was given in the EFS-
`
`Web filing submission papers.
`
`Amendments to the claims begin on page 2 of this paper.
`
`Remarks are on page 9 of this paper.
`
`INTEL 1208
`
`

`
`Amendment and Response
`U.S.S.N.: 10/897,257
`Attorney Docket No.: ZON-002CN
`Page 2
`
`Amendments to the Claims
`
`Please amend claims 45, 58, 70, and 78 as follows:
`
`45. (Currently Amended): An apparatus for generating a strongly-ionized plasma, the
`
`apparatus comprising:
`
`a. an ionization source that generates a weakly-ionized plasma from a feed gas
`
`contained in a chamber, the weakly-ionized plasma reducing substantially
`
`eliminating the probability of developing an electrical breakdown condition in the
`
`chamber; and
`
`b. a power supply that supplies power to the weakly-ionized plasma though an
`
`electrical pulse that is applied across the weakly-ionized plasma, the electrical
`
`pulse having at least one of a magnitude and a rise-time that is sufficient to
`
`transform the weakly-ionized plasma to a strongly-ionized plasma without
`
`developing an electrical breakdown condition in the chamber.
`
`46. (Original): The apparatus of claim 45 wherein the pulsed power supply is a component
`
`in the ionization source.
`
`47. (Original): The apparatus of claim 45 wherein the ionization source is chosen from the
`
`group comprising an electrode coupled to a DC power supply, an electrode coupled to an
`
`AC power supply, a UV source, an X-ray source, an electron beam source, an ion beam
`
`source, an inductively coupled plasma source, a capacitively coupled plasma source, and
`
`a microwave plasma source.
`
`

`
`Amendment and Response
`U.S.S.N.: 10/897,257
`Attorney Docket No.: ZON-002CN
`Page 3
`
`48. (Original): The apparatus of claim 45 wherein the power supply generates a constant
`
`power.
`
`49. (Original): The apparatus of claim 45 wherein the power supply generates a constant
`
`voltage.
`
`50. (Original): The apparatus of claim 45 wherein the power supply supplies power to the
`
`weakly ionized plasma at a time that is between about fifty microsecond and five second
`
`after the ionization source generates the weakly-ionized plasma.
`
`51. (Original): The apparatus of claim 45 wherein the power supply supplies power to the
`
`weakly ionized plasma for a duration that is sufficient to generate a quasi-static electric
`
`field across the weakly-ionized plasma.
`
`52. (Original): The apparatus of claim 45 wherein the cathode is generally formed in the
`
`shape of at least one circular disk.
`
`53. (Original): The apparatus of claim 45 wherein the ionization source generates the
`
`weakly-ionized plasma from a reactive feed gas contained in a chamber.
`
`54. (Original): The apparatus of claim 45 further comprising a magnet that is positioned to
`
`generate a magnetic field proximate to the weakly-ionized plasma, the magnetic field
`
`trapping electrons in the weakly-ionized plasma.
`
`55. (Original): The apparatus of claim 54 wherein the magnet generates a magnetic field that
`
`is shaped to trap secondary electrons that are produced by ion bombardment.
`
`

`
`Amendment and Response
`U.S.S.N.: 10/897,257
`Attorney Docket No.: ZON-002CN
`Page 4
`
`56. (Original): The apparatus of claim 45 further comprising a gas line that is coupled to the
`
`chamber, the gas line supplying feed gas to the strongly-ionized plasma that transports
`
`the strongly-ionized plasma by a rapid volume exchange.
`
`57. (Original): The apparatus of claim 56 wherein the gas volume exchange permits
`
`additional power to be absorbed by the strongly-ionized plasma.
`
`58. (Currently Amended): A method for generating a strongly-ionized plasma, the method
`
`compnsmg:
`
`a.
`
`ionizing a feed gas in a chamber to form a weakly-ionized plasma that reduces
`
`substantially eliminates the probability of developing an electrical breakdown
`
`condition in the chamber; and
`
`b. supplying an electrical pulse across the weakly-ionized plasma that excites atoms
`
`in the weakly-ionized plasma, thereby generating a strongly-ionized plasma
`
`without developing an electrical breakdown condition in the chamber.
`
`59. (Original): The method of claim 58 wherein the ionizing the feed gas comprises
`
`exposing the feed gas to one of a static electric field, an pulsed electric field, UV
`
`radiation, X-ray radiation, electron beam radiation, and an ion beam.
`
`60. (Original): The method of claim 58 wherein at least one of a rise time and magnitude of
`
`the electrical pulse supplied across the weakly-ionized plasma is selected to increase a
`
`density of the weakly-ionized plasma.
`
`

`
`Amendment and Response
`U.S.S.N.: 10/897,257
`Attorney Docket No.: ZON-002CN
`Page 5
`
`61. (Original): The method of claim 58 wherein at least one of a rise time and magnitude of
`
`the electrical pulse supplied across the weakly-ionized plasma is selected to excite atoms
`
`in the weakly-ionized plasma to generate secondary electrons that increase an ionization
`
`rate of the weakly-ionized plasma.
`
`62. (Original): The method of claim 58 wherein at least one of a rise time and magnitude of
`
`the electrical pulse supplied across the weakly-ionized plasma is selected to improve
`
`uniformity of the strongly-ionized plasma.
`
`63. (Original): The method of claim 58 further comprising supplying feed gas to the
`
`strongly-ionized plasma to transport the strongly-ionized plasma by a rapid volume
`
`exchange.
`
`64. (Original): The method of claim 63 wherein the transport of the strongly-ionized plasma
`
`by the rapid volume exchange permits additional power to be absorbed by the strongly-
`
`ionized plasma.
`
`65. (Original): The method of claim 58 wherein the supplying the electrical pulse comprises
`
`applying a quasi-static electric field across the weakly-ionized plasma.
`
`66. (Original): The method of claim 58 wherein the electrical pulse comprises a rise time
`
`that is between about 0.1 microsecond and 10 seconds.
`
`67. (Original): The method of claim 58 wherein a peak plasma density of the weakly-ionized
`
`plasma is less than about 1012 cm-3
`
`.
`
`

`
`Amendment and Response
`U.S.S.N.: 10/897,257
`Attorney Docket No.: ZON-002CN
`Page 6
`
`68. (Original): The method of claim 58 wherein the peak plasma density of the strongly-
`
`ionized plasma is greater than about 1012 cm-3
`
`.
`
`69. (Original): The method of claim 58 further comprising generating a magnetic field
`
`proximate to the weakly-ionized plasma, the magnetic field trapping electrons in the
`
`weakly-ionized plasma.
`
`70. (Currently Amended): An apparatus for generating a strongly-ionized plasma, the
`
`apparatus comprising:
`
`a. an anode;
`
`b. a cathode that is positioned adjacent to the anode;
`
`c. an ionization source that generates a weakly-ionized plasma proximate to the
`
`cathode, the weakly-ionized plasma reducing substantially eliminating the
`
`probability of developing an electrical breakdown condition between the anode
`
`and the cathode; and
`
`d. a power supply that is electrically coupled to the anode and to the cathode, the
`
`power supply generating an electric field that excites atoms in the weakly-ionized
`
`plasma, thereby forming a strongly-ionized plasma without developing an
`
`electrical breakdown condition in the chamber.
`
`71. (Original): The apparatus of claim 70 wherein the ionization source is chosen from the
`
`group comprising an electrode coupled to a DC power supply, an electrode coupled to an
`
`AC power supply, a UV source, an X-ray source, an electron beam source, an ion beam
`
`

`
`Amendment and Response
`U.S.S.N.: 10/897,257
`Attorney Docket No.: ZON-002CN
`Page 7
`
`source, an inductively coupled plasma source, a capacitively coupled plasma source, and
`
`a microwave plasma source.
`
`72. (Original): The apparatus of claim 70 wherein the anode and the cathode form a gap
`
`there between.
`
`73. (Original): The apparatus of claim 72 wherein a dimension of the gap between the anode
`
`and the cathode is chosen to increase an ionization rate of the excited atoms in the
`
`weakly-ionized plasma.
`
`74. (Original): The apparatus of claim 70 wherein at least one of a rise time and an
`
`amplitude of the electric field is chosen to increase an ionization rate of the excited atoms
`
`in the weakly-ionized plasma.
`
`75. (Original): The apparatus of claim 70 wherein at least one of a rise time and an
`
`amplitude of the electric field is chosen to increase uniformity of the strongly-ionized
`
`plasma proximate to the cathode.
`
`76. (Original): The apparatus of claim 70 further comprising a magnet that is positioned to
`
`generate a magnetic field proximate to the weakly-ionized plasma, the magnetic field
`
`trapping electrons in the weakly-ionized plasma proximate to the cathode.
`
`77. (Original): An apparatus for generating a strongly-ionized plasma, the apparatus
`
`compnsmg:
`
`

`
`Amendment and Response
`U.S.S.N.: 10/897,257
`Attorney Docket No.: ZON-002CN
`Page 8
`
`a. means for ionizing a feed gas in a chamber to form a weakly-ionized plasma that
`
`reduces substantially eliminates the probability of developing an electrical
`
`breakdown condition in the chamber; and
`
`b. means for supplying an electrical pulse across the weakly-ionized plasma to
`
`transform the weakly-ionized plasma to a strongly-ionized plasma without
`
`developing an electrical breakdown condition in the chamber.
`
`

`
`Amendment and Response
`U.S.S.N.: 10/897,257
`Attorney Docket No.: ZON-002CN
`Page 9
`
`REMARKS
`
`Request for an Examiner's Interview
`
`The Applicant's Attorney hereby requests an interview with the Examiner in order to
`
`expedite the prosecution of this case.
`
`Pending Claims
`
`Claims 45-77 are currently pending in the present application. Independent claims 45
`
`58, 70, and 77 have been amended.
`
`Rejection under 35 U.S.C. §102(b)
`
`Claims 45-50, 52, 54-64, and 69-77 are rejected under 35 U.S.C. § 1 02(b) as being
`
`unpatentable over by Kouznetsov W098/40532 (hereinafter "Kouznetsov"). The Office Action
`
`states that Kouznetsov teaches a magnetron sputtering device included the elements of
`
`independent claims 45, 58, and 70.
`
`Independent Claim 45
`
`Independent claim 45 has been amended to recite an apparatus for generating a strongly-
`
`ionized plasma which includes an ionization source that generates a weakly-ionized plasma from
`
`a feed gas contained in a chamber where the weakly-ionized plasma substantially eliminates the
`
`probability of developing an electrical breakdown condition in the chamber. In addition,
`
`independent claim 45 has been amended to recite that the electrical pulses have at least one of a
`
`magnitude and a rise-time that is sufficient to transform the weakly-ionized plasma to a strongly-
`
`ionized plasma without developing an electrical breakdown condition in the chamber.
`
`

`
`Amendment and Response
`U.S.S.N.: 10/897,257
`Attorney Docket No.: ZON-002CN
`Page 10
`
`The amendments to claim 45 are supported by the originally filed specification. See, for
`
`example, paragraph 41 of the specification which states that forming the weakly-ionized or pre-
`
`ionized plasma 232 (see FIG. 2) substantially eliminates the probability of establishing a
`
`breakdown condition in the chamber when high-power pulses are applied between the cathode
`
`204 and the anode 216. The probability of establishing a breakdown condition is substantially
`
`eliminated because the weakly-ionized plasma 232 has a low-level of ionization that provides
`
`electrical conductivity through the plasma. This conductivity substantially prevents the setup of
`
`a breakdown condition, even when high-power is applied to the plasma.
`
`To anticipate a claim under 35 U.S.C. § 102, a single reference 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 a
`
`single prior art reference.
`
`The Applicant respectfully submits that Kouznetsov does not describe each and every
`
`element of independent claim 45 as currently amended because Kouznetsov does not describe
`
`the claimed ionization source and claimed power supply that substantially eliminates the
`
`probability of developing an electrical breakdown condition in the chamber.
`
`The Office Action states that the partially ionized plasma is equivalent to the Applicant's
`
`weakly ionized plasma and that it inherently reduces the probability of developing an electrical
`
`breakdown condition in the chamber due to the plasma being partially ionized. The Applicant
`
`has amended the claims to require substantially eliminating the probability of developing an
`
`

`
`Amendment and Response
`U.S.S.N.: 10/897,257
`Attorney Docket No.: ZON-002CN
`Page 11
`
`electrical breakdown condition in the chamber, which clearly distinguishes the apparatus and
`
`methods described in Kouznetsov because, as described in more detail below, Kouznetsov
`
`teaches methods and apparatus that achieve a fully ionized state by creating an arc discharge,
`
`which is an electrical breakdown condition.
`
`The Applicant respectfully disagrees with the Examiner's statement that the methods and
`
`apparatus described in Kouznetsov reduce the probability of developing an electrical breakdown
`
`condition in the chamber. Kouznetsov, in fact, specifically describes a power supply that causes
`
`the gas to very rapidly transition to a fully ionized state by using an arc discharge. According to
`
`Kouznetsov, the gas rapidly runs through the states S 1 - S7 comprising a glow discharge state in
`
`region S4 and an electric arc state in region S7 in order to finally adopt a fully ionized state. See,
`
`for example, Kouznetsov, page 5, lines 6-8 and page 12, lines 26-30.
`
`In other words, Kouznetsov describes methods and apparatus for generation a fully
`
`ionized plasma that include the step of generating an arc discharge, which is an electrical
`
`breakdown condition. The Applicant respectfully submits that the partially ionized plasma
`
`described in Kouznetsov is not used to reduce the probability of developing an electrical
`
`breakdown condition in the chamber. Instead, the partially ionized plasma described in
`
`Kouznetsov is an initial step in achieving an arc discharge, which is an electrical breakdown
`
`condition. The arc state (S7) plays an important role in generating the fully ionized plasma. In
`
`contrast, the claimed methods and apparatus of the present invention teach the generation
`
`strongly ionized plasma without the generation arc discharge.
`
`

`
`Amendment and Response
`U.S.S.N.: 10/897,257
`Attorney Docket No.: ZON-002CN
`Page 12
`
`Therefore, the Applicant submits that Kouznetsov does not anticipate independent claim
`
`45 under 35 U.S.C. §102(b). Thus, the Applicant submits that independent claim 45 is allowable
`
`and that dependent claims 45-57 are allowable as depending from an allowable base claim.
`
`Independent Claim 58
`
`Independent claim 58 has been amended to recite a method for generating a strongly-
`
`ionized plasma that includes ionizing a feed gas in a chamber to form a weakly-ionized plasma
`
`that substantially eliminates the probability of developing an electrical breakdown condition in
`
`the chamber. In addition, claim 58 has been amended to recite that the strongly-ionized plasma
`
`is generated without developing an electrical breakdown condition in the chamber.
`
`In view of the above remarks, the Applicant respectfully submits that Kouznetsov does
`
`not describe each and every element of independent claim 58 as currently amended, either
`
`expressly or inherently because Kouznetsov does not describe the claimed method that includes
`
`ionizing a feed gas in a chamber to form a weakly-ionized plasma that substantially eliminates
`
`the probability of developing an electrical breakdown condition in the chamber and generating a
`
`strongly-ionized plasma without developing an electrical breakdown condition in the chamber.
`
`Therefore, the Applicant submits that Kouznetsov does not anticipate independent claim
`
`58 under 35 U.S.C. §102(b). Thus, the Applicant submits that independent claim 58 is allowable
`
`and that dependent claims 59-69 are allowable as depending from an allowable base claim.
`
`Independent Claim 70
`
`Independent claim 70 has been amended to recite an apparatus for generating a strongly-
`
`

`
`Amendment and Response
`U.S.S.N.: 10/897,257
`Attorney Docket No.: ZON-002CN
`Page 13
`
`ionized plasma that includes an ionization source that generates a weakly-ionized plasma
`
`proximate to the cathode that substantially eliminates the probability of developing an electrical
`
`breakdown condition between the anode and the cathode. In addition, claim 70 has been
`
`amended to recite a power supply that is electrically coupled to the anode and to the cathode that
`
`forms a strongly-ionized plasma without developing an electrical breakdown condition in the
`
`chamber.
`
`In view of the above remarks, the Applicant respectfully submits that Kouznetsov does
`
`not describe each and every element of independent claim 70 as currently amended, either
`
`expressly or inherently because Kouznetsov does not describe the claimed ion source and
`
`claimed power supply that forms a strongly-ionized plasma without developing an electrical
`
`breakdown condition in the chamber.
`
`Therefore, the Applicant submits that Kouznetsov does not anticipate independent claim
`
`70 under 35 U.S.C. §102(b). Thus, the Applicant submits that independent claim 70 is allowable
`
`and that dependent claims 71-7 6 are allowable as depending from an allowable base claim.
`
`Independent Claim 77
`
`Independent claim 77 has been amended to recite an apparatus for generating a strongly-
`
`ionized plasma that includes a means for ionizing a feed gas in a chamber to form a weakly-
`
`ionized plasma that substantially eliminates the probability of developing an electrical
`
`breakdown condition in the chamber. In addition, independent claim 77 has been amended to
`
`recite a means for supplying an electrical pulse across the weakly-ionized plasma to transform
`
`

`
`Amendment and Response
`U.S.S.N.: 10/897,257
`Attorney Docket No.: ZON-002CN
`Page 14
`
`the weakly-ionized plasma to a strongly-ionized plasma without developing an electrical
`
`breakdown condition in the chamber.
`
`In view of the above remarks, the Applicant respectfully submits that Kouznetsov does
`
`not describe each and every element of independent claim 70 as currently amended, either
`
`expressly or inherently because Kouznetsov does not describe the claimed means for ionizing
`
`and the claimed means for supplying an electrical pulse that do not develop an electrical
`
`breakdown condition in the chamber.
`
`Therefore, the Applicant submits that Kouznetsov does not anticipate independent claim
`
`77 under 35 U.S.C. §102(b). Thus, the Applicant submits that independent claim 77 is
`
`allowable.
`
`Rejection under 35 U.S.C. §103
`
`Claims 51, 53, and 65-68 are rejected under 35 U.S.C. §103(a) as being unpatentable
`
`over Kouznetsov in view ofMozgrin et al. entitled "High Current Low-Pressure Quasi-
`
`Stationary Discharge in a Magnetic Field: Experimental Research", Plasma Physics Reports,
`
`Vol. 21, No.5, 1995, pp. 400-409 (hereinafter "Mozgrin"). In light of the amendments and
`
`arguments presented above in connection with the rejection under 35 U.S.C. §102(b), the
`
`Applicants submit that dependent claims 11-12 are allowable as depending upon an allowable
`
`base claim.
`
`

`
`Amendment and Response
`U.S.S.N.: 10/897,257
`Attorney Docket No.: ZON-002CN
`Page 15
`
`Non-Statutory Double Patenting Rejections
`
`Claims 45-77 are provisionally rejected on the ground of nonstatutory obviousness-type
`
`double patenting as being unpatentable over claims 1-50 ofU.S. Patent No. 7,147,759. Claims
`
`45-77 are provisionally rejected on the ground of nonstatutory obviousness-type double
`
`patenting as being unpatentable over claims 1-47 ofU.S. Patent No. 7,095,179. Claims 1-40 are
`
`provisionally rejected on the ground of nonstatutory obviousness-type double patenting as being
`
`unpatentable over claims 1-37 of U.S. Patent No. 6,896,775. Claims 45-77 are provisionally
`
`rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable
`
`over claims 1-40 ofU.S. Patent No. 6,896,773. Claims 45-77 are provisionally rejected on the
`
`ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1-
`
`43 ofU.S. Patent No. 6,853,142. Claims 45-77 are provisionally rejected on the ground of
`
`nonstatutory obviousness-type double patenting as being unpatentable over claims 1-63 of U.S.
`
`Patent Application No. 11/091,854. Claims 45-77 are provisionally rejected on the ground of
`
`nonstatutory obviousness-type double patenting as being unpatentable over claims 1-63 of U.S.
`
`Patent Application No. 11/183,463.
`
`The Applicant will submit terminal disclaimers to overcome these double patenting
`
`rejections when the application is in condition for allowance.
`
`CONCLUSION
`
`Claims 45-77 are currently pending in the present application. Independent claims 45,
`
`58, 70, and 77 have been amended. The Applicant respectfully requests reconsideration of the
`
`pending claims in light of the amendments and arguments presented herein.
`
`

`
`Amendment and Response
`U.S.S.N.: 10/897,257
`Attorney Docket No.: ZON-002CN
`Page 16
`
`The Applicant has requested a telephonic interview to expedite prosecution of the present
`
`application. The undersigned attorney would welcome the opportunity to discuss any
`
`outstanding issues, and to work with the Examiner toward placing the application in condition
`
`for allowance.
`
`Date: September 24, 2008
`
`Tel. No.: (781) 271-1503
`Fax No.: (781) 271-1527
`
`Doc. 3048vl
`
`Respectfully submitted,
`
`fleurtRauschenbach/
`Kurt Rauschenbach, Ph.D.
`Reg No. 40,137
`Attorney for Applicant
`Rauschenbach Patent Law Group, LLC
`Post Office Box 387
`Bedford, MA 01730

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