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`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`PO. Box 1450
`Alexandria, Virginia 22313-1450
`www.uspm.gov
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`10/249,202
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`03/21/2003
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`Roman Chistyakov
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`ZON-009
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`7335
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`RAUSCHENBACH PATENT LAW GROUP, LLC
`PO. BOX 387
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`BEDFORD, MA 01730
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`vo, TUYET THI
`PAPER NUMBER
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`ART UNIT
`2821
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`DATE MAlLED: 02/1 1/2004
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`Please find below and/or attached an Office communication concerning this application or proceeding.
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`PTO 90C (Rev 10/03)
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`GILLETTE 1208
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`GILLETTE 1208
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`

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`Office Action Summary
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`Examine,
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`Art Unit
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`Application No.
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`Applicant(s)
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`10/249,202
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`CHISTYAKOV, ROMAN
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`-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address --
`Period for Reply
`'
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`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE 3 MONTH(S) FROM
`THE MAILING DATE OF THIS COMMUNICATION.
`- Extensions of time may be available under the provisions of 37 CFR 1.136(3).
`after SIX (6) MONTHS from the mailing date of this communication.
`If the period for reply specified above is less than thirty (30) days. a reply within the statutory minimum at thirty (30) days will be considered timely.
`-
`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).
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`In no event. however, may a reply be timely filed
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`Status
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`1)IZI Responsive to communication(s) filed on 21 March 2003.
`2a)E] This action is FINAL.
`2b)IZ This action is non-final.
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`3)I:I 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 Ex parte Quayle, 1935 CD. 11, 453 O.G. 213.
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`Disposition of Claims
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`4)IZ| Claim(s)1-_42 is/are pending in the application.
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`_
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`4a) Of the above claim(s) _ is/are withdrawn from consideration.
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`5)I:] Claim(s) _ is/are allowed.
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`6)IZ Claim(s) 1-5 7 10-15 17-20 24-27 29-32 34-37 and 39-42 is/are rejected.
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`7)IZI Claim(s) 6 8 9 16 21-23 28 33 and 38 is/are objected to.
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`8)|:I Claim(s)
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`are subject to restriction and/or election requirement.
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`Application Papers
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`9)l:] The specification is objected to by the Examinerf
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`1mg] The drawing(s) filed on 21 March 2003 is/are: a)I:I accepted or b)IX] objected to by the Examiner.
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`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
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`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
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`11):] The oath or declaration is objected to by the Examiner. Note the attached Office Action or form PTO-152.
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`Priority under 35 u.’s.c. § 119
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`12)I:I Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
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`a)lj All
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`b)E] Some * c)l:I None of:
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`1.[:I Certified copies of the priority documents have been received.
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`2.13 Certified copies of the priority documents have been received in Application No. __
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`3U Copies of the certified copies of the priority documents have been received in this National Stage
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`application from the International Bureau (PCT Rule 17.2(a)).
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`* See the attached detailed Office action for a list of the certified copies not received.
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`Attachment(s)
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`. U
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`1) IXI Notice of References Cited (PTO-892)
`2) El Notice of Draftsperson’s Patent Drawing Review (PTO-948)
`3) E] Information Disclosure Statement(s) (PTO—1449 or PTO/SB/OB)
`Paper No(s)/Mai| Date
`.
`S. Patent and Trademrk Office
`PTOL-326 (Rev. 1-04)
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`4) E] Interview Summary (PTO-413)
`Paper No(s)/Mail Date. _-
`5) I:I Notice of Informal Patent Application (PTO-152)
`6) I] Other:
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`Office Action Summary
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`Part of Paper No./Mail Date 2
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`

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`Q
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`Application/Control Number: 10/249,202
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`Art Unit: 2821
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`Page 2
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`DETAIL ACTION
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`Drawings
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`1.
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`The drawings are objected to under 37 CFR 1.83(a). The drawings must show every
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`feature of the invention specified in the claims. Therefore, the electron gun must be shown or
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`the feature(s) canceled from the claims 7 and 20. No new matter should be entered.
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`A proposed drawing correction or corrected drawings are required in reply to the Office
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`action to avoid abandonment of the application. The objection to the drawings will not be held
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`in abeyance.
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`Claim Objections
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`2.
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`Claim 42 is objected to because of the following informalities:
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`Claim 42, line 1, replace “elections” with —electrons—for correcting an typographical
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`error or any appropriate correction is required.
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`Claim Rejections - 35 USC § 102
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`3.
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`The following is a quotation of the appropriate paragraphs of 35 USC. 102 that form
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`the basis for the rejections under this section made in this Office action:
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`A person shall be entitled to a patent unless --
`(e) the invention was described in (1) an application for patent, published under section 122(b), by another filed
`in the United States before the invention by the applicant for patent or (2) a patent granted on an application for
`patent by another filed in the United States before the invention by the applicant for patent, except that an
`international application filed under the treaty defined in section 351(a) shall have the effects for purposes of this
`subsection of an application filed in the United States only if the international application designated the United
`States and was published under Article 21(2) of such treaty in the English language.
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`4.
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`Claims 1— 5, 7, 11—15, 17-20, 25-27, 29-32, 34, 35, 37, 39 and 40-42 are rejected under 35
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`USC. 102(e) as being anticipated by Bertrand et al. (US Pat. 6,661,178), hereinafter Bertrand.
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`

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`Application/Control Number: 10/249,202
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`Art Unit: 2821
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`Page 3
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`Regarding claims 30-32, 34, 35, 37, 39 and 40-42, Bertrand discloses an apparatus as
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`well as a method for generating plasma with a multiple step ionization process comprising:
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`means (120, 122) for generating a volume of metastable atoms from a volume of ground
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`state atoms (rare gas 115) and means (125, 150) for raising an energy of the metastable atoms so
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`that at least a portion of the volume of metastable atoms is ionized, thereby generating a plasma
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`with multiple step ionization process (col. 5, lines 31-67 and col. 6, lines 1-7), wherein means
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`(160, 170) for trapping electrons and ions in the volume of metastable atoms.
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`Regarding claims 1- 5, 7, 11, 18-20 and 25, Bertrand disclose a plasma generator that
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`generates plasma with a multi-step ionization process, comprising:
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`a feed argon gas source (115) comprising ground state atoms;
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`an excited/metastable atoms source (120, 122) that is coupled to the feed gas source, the
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`excited/metastable atoms source generating excited atoms from the ground state atoms;
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`a plasma chamber (170) that is coupled to the excited/metastable atoms source, the
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`chamber confining a volume of excited/metastable atoms generated from the excited/metastable
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`atoms source and
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`an energy source ( 125, 150) that coupled to the volume of excited/metastable atoms
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`source for raising an energy of excited/metastable atoms in the volume of excited/metastable
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`atoms is ionized, thereby generating a plasma with a multi-step ionization process, wherein the
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`excited/metastable atoms source comprises a first electrode (125) and a second electrode (150)
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`for generating a discharge that excited the ground state atoms. The excited/metastable atoms
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`source is position outside of the plasma chamber.
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`Regarding claims 12-15,17, 26, 27 and 29, Bertrand further discloses the
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`excited/metastable atoms generated by the excited/metastable atoms source have a lower
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`ionization energy compared with an ionization energy of the ground state atoms (col. 4); wherein
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`the energy source is chosen from the AC discharge source (Fig. 5). The plasma generated with
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`the multi-step process inherently has a higher plasma density than the plasma that is generated by
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`direct ionization of the ground state atoms.
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`Application/Control Number: 10/249,202
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`Art Unit: 2821
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`Page 4
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`Claim Rejections - 35 USC § 103
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`5.
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`The following is a quotation of 35 USC. 103(a) which forms the basis for all
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`obviousness’ rejections set forth in this Office action:
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`(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in
`section 102 of this title, if the differences between the subject matter sought to be patented and the prior art are
`such that the subject matter as a whole would have been obvious at the time the invention was made to a person
`having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negatived by the
`manner in which the invention was made.
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`6.
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`1 Claims 10, 24 and 36 are rejected under 35 USC. 03(a) as being unpatentable over
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`Bertrand.
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`Bertrand discloses substantially the claim language except for followings:
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`the excited atoms source is position inside the plasma chamber and raising the energy of
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`the metastable atoms through X-ray radiation.
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`It would have been an obvious matter of design choice to assembly the excited atoms
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`source inside of the plasma for spacing benefit, wherein the excited atoms can be exposed under
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`any power source such as X-ray radiation for raising higher energy as long as it suited. Such
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`implementation is considered as a routine skill in the art.
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`Allowable Subject Matter
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`7.
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`Claims 6, 8, 9, 16, 21-23, 28, 33, 38 are objected to as being dependent upon a rejected
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`base claim, but would be allowable if rewritten in independent form including all of the
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`limitations of the base claim and any intervening claims including any correction for overcome
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`the 112 rejection as noted above.
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`15.
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`The following is a statement of reasons for the indication of allowable subject matter: the
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`prior fails to disclose a magnet that generates a magnetic field for trapping electrons proximate to
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`the ground state atoms, so as to increase the rate to generate the excited atoms from the ground
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`state as required in claims 6, 22, 33 or increase the rate to generate the higher density of excited
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`atoms from the different pressure of the plasma chamber and the excited atoms source as
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`1"
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`Application/Control Number: 10/249,202
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`Art Unit: 2821
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`Page 5
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`required in claims 8. The reasons for allowing the other claims are similar as above according to
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`their limitations as required.
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`Citation ofpertinent prior art
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`8.
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`The prior art made of record and not relied upon is considered pertinent to applicants’
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`disclosure.
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`Ishii et al. (US Pat. 6,311,638) discloses plasma processing method and apparatus.
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`Correspondence
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`Any inquiry concerning this communication or earlier communications from the
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`examiner shOuld be directed to Tuyet V0 whose telephone number is 571 272 1830. The
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`examiner can normally be reached on Mon-Fri.
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`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
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`supervisor, Don Wong can be reached on 571 272 1834. The fax phone numbers for the
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`organization where this application or proceeding is assigned are 703 872 9306 for regular
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`communications and for Afier Final communications.
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`Any inquiry of a general nature or relating to the status of this application or proceeding
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`should be directed to the receptionist whose telephone number is 703 308 0956.
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`Tuyet Vo
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`February 8, 2004
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` Applicant(s)/Patent Under
`1 0/249 .202
`Application/Control No.
`Reexamination
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`CHISTYAKOV, ROMAN
`Examiner
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`Tuyet V0
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`Classification
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`NON-PATENT DOCUMENTS
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`Include as applicable: Author. Title Date. Publisher. Edition or Volume, Pertinent Pages)
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`'A copy of this reference is not being furnished with this Office action. (See MPEP § 707.05(a).)
`Dates in MM-YYYY format are publication dates. Classifications may be US or foreign.
`US. Patent and Trademark Office
`PTO-892 (Rev. 01-2001)
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`'
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`Notice of References Cited
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`Part of Paper No. 2
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