`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.0. Box I450
`Alexandria, Virginia 223 I3-I450
`www.uspto.gov
`
`APPLICATION NO.
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`I0/249,202
`
`03/21/2003
`
`Roman Chistyakov
`
`ZON-009
`
`7335
`
`02" “Z004
`759°
`23701
`RAUSCHENBACH PATENT LAW GROUP, LLC
`P.O. BOX 387
`BEDFORD, MA 01730
`
`.
`
`vo, rum mu
`
`2821
`
`DATE MAILED: 02/I I/2004
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`PTO 9oc (Rev 10/03)
`
`INTEL ‘I008
`
`INTEL 1008
`
`
`
`Office Action Summary
`
`Application No.
`
`Applicant(s)
`
`10/249,202
`
`Examine,
`
`“Wet V°
`
`CHISTYAKOV, ROMAN
`
`A” Unit
`
`232‘ -
`
`-- 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 3 MONTH(S) FROM
`THE MAILING DATE OF THIS COMMUNICATION.
`- Extensions of time may be available under the provisions of 37 CFR 1.136(a).
`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 ol 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).
`
`In no event. however, may a reply be timely filed
`
`Status
`
`1)IZl Responsive to communication(s) filed on 21 March 2003.
`2a)E] This action is FINAL.
`2b)IXI This action is non-final.
`
`3)l:| Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`
`closed in accordance with the practice under Ex parte Quayle, 1935 C.D. 11, 453 O.G. 213.
`
`Disposition of Claims
`
`4)IZI Claim(s)1-Z412 is/are pending in the application.
`
`_
`
`4a) Of the above c|aim(s) __ is/are withdrawn from consideration.
`
`5)[:] Claim(s) _ is/are allowed.
`
`6)IZ Claim(s) 1-5 7 10-15 17-20 24-27 29-32 34-37 and 39-42 is/are rejected.
`
`7)lZI Claim(s) 6 8 9 16 21-23 28 33 and 38 is/are objected to.
`
`8)|:I Claim(s)
`
`are subject to restriction and/or election requirement.
`
`Application Papers
`
`9)l:] The specification is objected to by the Examiner.’
`
`10)E The drawing(s) filed on 21 March 2003 is/are: a)I:] accepted or b)IX] 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).
`
`11)E] The oath or declaration is objected to by the Examiner. Note the attached Office Action or form PTO-152.
`
`Priority under 35 u.s.c. § 119
`
`12)[:I Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`
`a)D All
`
`b)E] Some * c)l:] None of:
`
`1.[:] Certified copies of the priority documents have been received.
`
`21] Certified copies of the priority documents have been received in Application No. __
`
`3.D 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)
`
`4) El Interview Summary (PTO-413)
`1) IXI Notice of References Cited (PTO-892)
`Paper N0($)/Mail 0316- __-
`2) El Notice of Draftsperson’s Patent Drawing Review (PTO-948)
`5) El Notice of Informal Patent Application (PTO-152)
`3) E] lnfomiation Disclosure Statement(s) (PTO—1449 or PTO/SBIOB)
`6) D Other:
`.
`Paper No(s)lMai| Date
`.
`
`US. Patent and Tradermrk Office
`PTOL-326 (Rev. 1-04)
`
`Part of Paper No./Mail Date 2
`
`Office Action Summary
`
`
`
`Q
`
`Application/Control Number: 10/249,202
`
`Art Unit: 2821
`
`Page 2
`
`DETAIL ACTION
`
`Drawings
`
`1.
`
`The drawings are objected to under 37 CFR 1.83(a). The drawings must show every
`
`feature of the invention specified in the claims. Therefore, the electron gun must be shown or
`
`the feature(s) canceled from the claims 7 and 20. No new matter should be entered.
`
`A proposed drawing correction or corrected drawings are required in reply to the Office
`
`action to avoid abandonment of the application. The objection to the drawings will not be held
`
`in abeyance.
`
`Claim Objections
`
`2.
`
`Claim 42 is objected to because of the following informalities:
`
`Claim 42, line 1, replace “elections” with —electrons—for correcting an typographical
`
`error or any appropriate correction is required.
`
`Claim Rejections - 35 USC § 102
`
`3.
`
`The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form
`
`the basis for the rejections under this section made in this Office action:
`
`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 35l(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.
`
`4.
`
`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. l02(e) as being anticipated by Bertrand et al. (US Pat. 6,661,178), hereinafter Bertrand.
`
`
`
`Application/Control Number: 10/249,202
`
`Art Unit: 2821
`
`Page 3
`
`Regarding claims 30-32, 34, 35, 37, 39 and 40-42, Bertrand discloses an apparatus as
`
`well as a method for generating plasma with a multiple step ionization process comprising:
`
`means (120, 122) for generating a volume of metastable atoms from a volume of ground
`
`state atoms (rare gas 115) and means (125, 150) 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 multiple step ionization process (col. 5, lines 31-67 and col. 6, lines 1-7), wherein means
`
`(160, 170) for trapping electrons and ions in the volume of metastable atoms.
`
`Regarding claims 1- 5, 7, 11, 18-20 and 25, Bertrand disclose a plasma generator that
`
`generates plasma with a multi-step ionization process, comprising:
`
`a feed argon gas source (115) comprising ground state atoms;
`
`an excited/metastable atoms source (120, 122) that is coupled to the feed gas source, the
`
`excited/metastable atoms source generating excited atoms from the ground state atoms;
`
`a plasma chamber (170) that is coupled to the excited/metastable atoms source, the
`
`chamber confining a volume of excited/metastable atoms generated from the excited/metastable
`
`atoms source and
`
`an energy source ( 125, 150) that coupled to the volume of excited/metastable atoms
`
`source for raising an energy of excited/metastable atoms in the volume of excited/metastable
`
`atoms is ionized, thereby generating a plasma with a multi-step ionization process, wherein the
`
`excited/metastable atoms source comprises a first electrode (125) and a second electrode (150)
`
`for generating a discharge that excited the ground state atoms. The excited/metastable atoms
`
`source is position outside of the plasma chamber.
`
`Regarding claims 12-15,17, 26, 27 and 29, Bertrand further discloses the
`
`excited/metastable atoms generated by the excited/metastable atoms source have a lower
`
`ionization energy compared with an ionization energy of the ground state atoms (col. 4); wherein
`
`the energy source is chosen from the AC discharge source (Fig. 5). The plasma generated with
`
`the multi-step process inherently has a higher plasma density than the plasma that is generated by
`
`direct ionization of the ground state atoms.
`
`
`
`Application/Control Number: 10/249,202
`
`Art Unit: 2821
`
`Page 4
`
`Claim Rejections - 35 USC § 103
`
`5.
`
`The following is a quotation of 35 U.S.C. l03(a) which forms the basis for all
`
`obviousness’ rejections set forth in this Office action:
`
`(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.
`
`6.
`
`A Claims 10, 24 and 36 are rejected under 35 U.S.C. 03(a) as being unpatentable over
`
`Bertrand.
`
`Bertrand discloses substantially the claim language except for followings:
`
`the excited atoms source is position inside the plasma chamber and raising the energy of
`
`the metastable atoms through X-ray radiation.
`
`It would have been an obvious matter of design choice to assembly the excited atoms
`
`source inside of the plasma for spacing benefit, wherein the excited atoms can be exposed under
`
`any power source such as X-ray radiation for raising higher energy as long as it suited. Such
`
`implementation is considered as a routine skill in the art.
`
`Allowable Subject Matter
`
`7.
`
`Claims 6, 8, 9, 16, 21-23, 28, 33, 38 are objected to as being dependent upon a rejected
`
`base claim, but would be allowable if rewritten in independent form including all of the
`
`limitations of the base claim and any intervening claims including any correction for overcome
`
`the 112 rejection as noted above.
`
`15.
`
`The following is a statement of reasons for the indication of allowable subject matter: the
`
`prior fails to disclose a magnet that generates a magnetic field for trapping electrons proximate to
`
`the ground state atoms, so as to increase the rate to generate the excited atoms from the ground
`
`state as required in claims 6, 22, 33 or increase the rate to generate the higher density of excited
`
`atoms from the different pressure of the plasma chamber and the excited atoms source as
`
`
`
`‘-A
`
`Application/Control Number: 10/249,202
`
`Art Unit: 2821
`
`Page 5
`
`required in claims 8. The reasons for allowing the other claims are similar as above according to
`
`their limitations as required.
`
`Citation ofpertinent prior art
`
`8.
`
`The prior art made of record and not relied upon is considered pertinent to applicants’
`
`disclosure.
`
`Ishii et al. (US Pat. 6,311,638) discloses plasma processing method and apparatus.
`
`Correspondence
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to Tuyet V0 whose telephone number is 571 272 1830. The
`
`examiner can normally be reached on Mon-Fri.
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
`
`supervisor, Don Wong can be reached on 571 272 1834. The fax phone numbers for the
`
`organization where this application or proceeding is assigned are 703 872 9306 for regular
`
`communications and for Afier Final communications.
`
`Any inquiry of a general nature or relating to the status of this application or proceeding
`
`should be directed to the receptionist whose telephone number is 703 308 0956.
`
`Tuyet Vo
`
`February 8, 2004
`
`
`
` Application/Control No.
`
`
`App|icant(s)/Patent Under
`Reexamination
`1 0/249 ,202
`
`CHISTYAKOV, ROMAN
`Examiner
`
`Tuyet V0
`
`
`
`
`Document Number
`
`Date
`
`.
`
`.
`
`
`
`MM-vvvv
`
`
`
`315/111.91
`Bertrand etal.
`12-2003
`118/723MW
`lshiietal.
`11-2oo1
`—:—
`fl———
`‘_-
`__—
`__—
`__—
`‘_-
`II
`__—
`__—
`:——
`__—
`FOREIGN PATENT DOCUMENTS
`
`A
`US-6,661,178
`fl US-6,311,638
`
` M
`
`
`
`Document Number
`Country Code-Number-Kind Code
`
`MM—YYYY
`
`CI
`
`t.
`.f
`355' ‘ca '°n
`
`EEE=I
`
`‘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.
`U.S. Patent and Trademark Office
`PTO-892 (Rev. 01-2001)
`
`'
`
`Notice of References Cited
`
`Part of Paper No. 2