UNITED STA 1ES p A 1ENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`www.uspto.gov
`
`APPLICATION NO.
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
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`10/897,257
`
`07/22/2004
`
`Roman Chistyakov
`
`ZON-002CN
`
`1462
`
`23701
`7590
`03/27/2008
`RAUSCHENBACH PATENT LAW GROUP, LLC
`P.O. BOX 387
`BEDFORD, MA 01730
`
`EXAMINER
`
`MCDONALD, RODNEY GLENN
`
`ART UNIT
`
`PAPER NUMBER
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`1795
`
`MAIL DATE
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`DELIVERY MODE
`
`03/27/2008
`
`PAPER
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time period for reply, if any, is set in the attached communication.
`
`PTOL-90A (Rev. 04/07)
`
`INTEL 1107
`
`

`
`Office Action Summary
`
`Application No.
`
`Applicant(s)
`
`10/897,257
`
`Examiner
`
`CHISTYAKOV, ROMAN
`
`Art Unit
`
`1795
`Rodney G. McDonald
`-- The MAILING DATE 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~ MONTH(S) OR THIRTY (30) DAYS,
`WHICHEVER IS LONGER, FROM THE MAILING DATE OF THIS COMMUNICATION.
`- Extensions of time may be available under the provisions of 37 CFR 1.136(a). In no event, however, may a reply be timely filed
`after SIX (6) MONTHS from the mailing date of this communication.
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHS from the mailing date of this communication.
`-
`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three months after the mailing date of this communication, even if timely filed, may reduce any
`earned patent term adjustment. See 37 CFR 1.704(b).
`
`Status
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`1)0 Responsive to communication(s) filed on __ .
`2a)0 This action is FINAL.
`2b)~ This action is non-final.
`3)0 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)~ Claim(s) 45-77 is/are pending in the application.
`4a) Of the above claim(s) __ is/are withdrawn from consideration.
`5)0 Claim(s) __ is/are allowed.
`6)~ Claim(s) 45-77 is/are rejected.
`7)0 Claim(s) __ is/are objected to.
`8)0 Claim(s) __ are subject to restriction and/or election requirement.
`
`Application Papers
`
`9)0 The specification is objected to by the Examiner.
`10)0 The drawing(s) filed on __ is/are: a)O accepted or b)O 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 )0 The oath or declaration is objected to by the Examiner. Note the attached Office Action or form PT0-152.
`
`Priority under 35 U.S.C. § 119
`
`12)0 Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`a)O All b)O Some* c)O None of:
`1.0 Certified copies of the priority documents have been received.
`2.0 Certified copies of the priority documents have been received in Application No. __ .
`3.0 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)
`1) 0 Notice of References Cited (PT0-892)
`2) 0 Notice of Draftsperson's Patent Drawing Review (PT0-948)
`3) ~ Information Disclosure Statement(s) (PTO/SB/08)
`Paper No(s)/Mail Date 9/04 10/04 1/05.
`
`4) 0 Interview Summary (PT0-413)
`Paper No(s)/Mail Date. __ .
`5) 0 Notice of Informal Patent Application
`6) 0 Other: __ .
`
`U.S. Patent and Trademark Off1ce
`PTOL-326 (Rev. 08-06)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20080324
`
`

`
`Application/Control Number: 10/897,257
`Art Unit: 1795
`
`Page 2
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`DETAILED ACTION
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`Claim Rejections- 35 USC§ 102
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`The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that
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`form 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-
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`(b) the invention was patented or described in a printed publication in this or a foreign country or in public
`use or on sale in this country, more than one year prior to the date of application for patent in the United
`States.
`
`Claims 45-50, 52, 54-64 and 69-77 are rejected under 35 U.S.C. 1 02(b) as being
`
`anticipated by Kouznetsov (WO 98/40532).
`
`Regarding claims 45, 58, 70, 77, Kouznetsov teaches in Fig. 2 a magnetron
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`sputtering device. The sputtering device has a sputtering chamber 1 and a target 9.
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`The substrate 13 is attached to some electrically isolating support 15 at the end of a
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`wall. (Page 8 lines 29-37; Column 9 lines 1-6) A magnet or magnets 17 are mounted
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`so that the north pole or poles are arranged at the periphery of the target and the south
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`pole or poles at the center of the target 9. One electrode, the anode, is formed by the
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`electrically conducting walls 5 of the housing 3, which e.g. can be grounded. The other
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`electrode, the cathode, is formed by the target 9, which is thus negatively biased in
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`relation to the anode. The substrate 13 can have some neutral electric potential. A gas
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`inlet for a suitable gas to be ionized such as argon is indicated at 21. (Page 9
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`lines 7-20) It should be noted that the anode and cathode always have a gap in order to
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`create the plasma.
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`Regarding claims 45, 58, 70, 77, Kouznetsov teaches when increasing the
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`voltage form zero and on between the anode 5 and the cathode 9, there will for some
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`

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`Application/Control Number: 10/897,257
`Art Unit: 1795
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`Page 3
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`applied voltage appear an electric glow discharge. The gas in the region between the
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`anode and the cathode will be partly ionized by electrons. The electrons will be
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`somewhat trapped or confined by the magnetic field primarily moving in the areas of low
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`magnetic field intensity. (Page 9 lines 21-25) Electrons are needed to ionize in the
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`partially ionized state and the fully ionized state discussed below. The partly ionized
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`plasma (i.e. equivalent to Applicant's weakly ionized plasma) inherently "reduces the
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`probability" of developing an electrical break down condition in the chamber due to the
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`plasma being partially ionized. Reducing the probability does not eliminate electrical
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`breakdown.
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`Regarding claims 45, 58, 70, 77, Kouznetsov teaches an electric discharge
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`occurs between the cathode and the anode producing electrons trapped in the magnetic
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`field by cooperation of the electric field produced by the applied voltage. (Page 4 lines
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`27-31)
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`Regarding claims 45, 58, 70, 77, Kouznetsov teaches when increasing the
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`voltage and current more, there will appear the state comprising completely ionized
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`plasma region 27, the region being stationary located above the surface of the target 9
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`and having a larger extension laterally, in the direction of the surface of the target 9 than
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`the regions 23 of high electron and ion density used in ordinary sputtering. This state
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`is made possible by the arrangement of the electric and magnetic fields crossing
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`each other in the magnetron configuration. Furthermore, in this state, owing to the
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`considerable extension and the relative homogeneity and uniformity of the ionized
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`plasma in the region 27, ions will hit the target surface more regularly and
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`

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`Application/Control Number: 10/897,257
`Art Unit: 1795
`
`Page 4
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`uniformly distributed over the surface. This will result in a more homogeneous
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`wear of the target surface, as illustrated by the area delimited by the dashed line 29 in
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`Fig. 5b. (Page 10 lines 13-23)
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`Regarding claims 45, 58, 70, 77, Kouznetsov teaches the power source is a
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`pulse generator used primarily to produce coatings by sputtering. The power of
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`each pulse can be in the range of 0.1 KW to 1 MW. The pulses can have a
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`duration in the range of less than a hundred microseconds up to hundreds of
`
`microseconds and the intervals between pulses can range from milliseconds up
`
`to seconds. (Page 4 lines 14-23)
`
`Regarding claim 45, 58, 70, 77, Kouznetsov teaches the voltage can be
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`hundreds of volts up to several kilovolts. (Page 6 lines 24-25) The magnitude and the
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`rise time is calculated form the time and voltage discussed above.
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`Regarding claim 45, 58, 70, 77, Kouznetsov teaches the electric circuit will be
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`generated at the frequency of the main supply typically with a frequency of 50 or 60
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`Hz. (Page 12 lines 14-15)
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`Regarding claim 45, 58, 70, 77, Kouznetsov teaches Alternating current is
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`supplied from the power supply. (Page 6 lines 15-16)
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`Regarding claim 46, Kouznetsov teaches the pulsed power supply is a
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`component in the ionization source. (Page 4 lines 14-23)
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`Regarding claim 47, 71, Kouznetsov teaches the ionization source being an
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`electrode coupled to an AC power supply. (Page 6 lines 15-16) Power supply
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`connected to target electrode. (See Fig. 2)
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`

`
`Application/Control Number: 10/897,257
`Art Unit: 1795
`
`Page 5
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`Regarding claims 48, 49, as to the constant power and the constant voltage
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`Kouznetsov power supply provides this feature when operating in the crossed E and B
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`field region since the power and voltage must be constant during this time period to
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`produce a state of full ionization. (See Figure 1)
`
`Regarding claim 50, Kouznetsov teaches the pulse time to be 50 microseconds
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`to a few hundred microseconds. (Page 12 lines 33-34)
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`Regarding claim 52, Kouznetsov shows the cathode to be at least one circular
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`disk. (See Fig. 3)
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`Regarding claims 54, 55, Kouznetsov teaches a magnet that is positioned to
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`generate a magnetic field proximate to the weakly-ionized plasma, the magnetic field
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`trapping electrons in the weakly-ionized plasma. (Page 9 lines 7-20)
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`Regarding claims 56, 57, Kouznetsov teaches a gas inlet for a suitable gas to
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`be ionized such as argon is indicated at 21. (Page 9 lines 7-20)
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`Regarding claim 59, Kouznetsov teaches a pulsed electric field for ionizing.
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`(Page 4 lines 14-23)
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`Regarding claims 60-62, Kouznetsov teaches the power source is a pulse
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`generator used primarily to produce coatings by sputtering. The power of each pulse
`
`can be in the range of 0.1 KW to 1 MW. The pulses can have a duration in the range of
`
`less than a hundred microseconds up to hundreds of microseconds and the intervals
`
`between pulses can range from milliseconds up to seconds. (Page 4 lines 14-23)
`
`Kouznetsov teaches the voltage can be hundreds of volts up to several kilovolts. (Page
`
`

`
`Application/Control Number: 10/897,257
`Art Unit: 1795
`
`Page 6
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`6 lines 24-25) The magnitude and the rise time is calculated from the time and voltage
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`discussed above.
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`Regarding claims 63, 64, Kouznetsov teaches a gas inlet for a suitable gas to
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`be ionized such as argon is indicated at 21. (Page 9 lines 7-20)
`
`Regarding claim 69, Kouznetsov teaches 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. (Page 9 lines 7-20)
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`Regarding claims 72, 73, Kouznetsov teaches one electrode, the anode, is
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`formed by the electrically conducting walls 5 of the housing 3, which e.g. can be
`
`grounded. The other electrode, the cathode, is formed by the target 9, which is thus
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`negatively biased in relation to the anode. A gap exists between the cathode and the
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`anode. (Page 9 lines 7-20)
`
`Regarding claims 74, 75, Kouznetsov teaches the power source is a pulse
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`generator used primarily to produce coatings by sputtering. The power of each pulse
`
`can be in the range of 0.1 KW to 1 MW. The pulses can have a duration in the range of
`
`less than a hundred microseconds up to hundreds of microseconds and the intervals
`
`between pulses can range from milliseconds up to seconds. (Page 4 lines 14-23)
`
`Kouznetsov teaches the voltage can be hundreds of volts up to several kilovolts. (Page
`
`6 lines 24-25) The magnitude and the rise time is calculated from the time and voltage
`
`discussed above.
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`

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`Application/Control Number: 10/897,257
`Art Unit: 1795
`
`Page 7
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`Regarding claim 76, Kouznetsov teaches a magnet that is positioned to generate
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`a magnetic field proximate to the weakly-ionized plasma, the magnetic field trapping
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`electrons in the weakly-ionized plasma. (Page 9 lines 7-20)
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`Claim Rejections- 35 USC§ 103
`
`The following is a quotation of 35 U.S.C. 1 03(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.
`
`Claims 51, 53 and 65-68 are rejected under 35 U.S.C. 1 03(a) as being
`
`unpatentable over Kouznetsov (WO 98/40532) in view of Mozgrin et al. "High Current
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`Low-Pressure Quasi-Stationary Discharge in a Magnetic Field: Experimental Research",
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`Plasma Physics Reports, Vol. 21, No. 5, 1995, pp. 400-409.
`
`Kouznetsov is discussed above and all is as applies above. (See Kouznetsov
`
`discussed above)
`
`The differences between Kouznetsov and the present claims is that a quasi static
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`electric field is not discussed (Claims, 51, 65), the reactive gas is not discussed (Claim
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`53), the rise time is not discussed (Claim 66), the density of the weakly ionized plasma
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`is not discussed (Claim 67) and the density of the strongly ionized plasma is not
`
`discussed (Claim 68).
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`Mozgrin et al. teach a sputtering system as seen in Figure 1 having a cathode
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`(1 ), an anode (2) and a magnetic system (3). (See Figure 1 pp. 401)
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`

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`Application/Control Number: 10/897,257
`Art Unit: 1795
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`Page 8
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`Regarding claims 51, 65, Mozgrin teach in Figure 2 presents a simplified scheme
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`of the discharge supply system. The supply unit involved a pulsed discharge
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`supply unit and a system for pre-ionization. The quasi-stationary discharge supply
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`unit consisted of a long line of W= 5.5 kJ maximal energy content, a switch and a
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`matching unit. The pre-ionization system provided direct current. (Page 401)
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`Regarding claim 53, Mozgrin et al. teach utilizing a reactive gas. (See page 403)
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`Regarding claim 66, Mozgrin et al. teach the rise time to be 5 to 60
`
`microseconds. (Page 401)
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`Regarding claim 67, Mozgrin et al. teach a gas of argon is pre-ionized at a pre(cid:173)
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`ionized plasma density of 107-109 cm-3
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`. The pre-ionization could be provided by RF
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`discharge, anomalous glow or magnetron discharge. (Page 401)
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`Regarding claim 68, Mozgrin et al. teach a pulsed discharge is utilized to deposit
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`copper material in argon plasma with a plasma density of 3*1 012 cm-3
`
`. (Page 403-404)
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`The motivation for utilizing the features of Mozgrin et al. is that it allows for
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`enhancing the chemical purity and homogeneity of deposited films. (Page 409)
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`Therefore, it would have been obvious to one of ordinary skill in the art at the
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`time the invention was made to have modified Kouznetsov by utilizing the features of
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`Mozgrin et al. because it allows for enhancing the chemical purity and homogeneity of
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`deposited films.
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`Double Patenting
`
`The nonstatutory double patenting rejection is based on a judicially created
`doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the
`unjustified or improper timewise extension of the "right to exclude" granted by a patent
`and to prevent possible harassment by multiple assignees. A nonstatutory
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`

`
`Application/Control Number: 10/897,257
`Art Unit: 1795
`
`Page 9
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`obviousness-type double patenting rejection is appropriate where the conflicting claims
`are not identical, but at least one examined application claim is not patentably distinct
`from the reference claim(s) because the examined application claim is either anticipated
`by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140
`F.3d 1428,46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046,29
`USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir.
`1985); In re VanOrnum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422
`F.2d 438, 164 USPQ 619 (CCPA 1970); and In re Thorington, 418 F.2d 528, 163
`USPQ 644 (CCPA 1969).
`A timely filed terminal disclaimer in compliance with 37 CFR 1.321 (c) or 1.321 (d)
`may be used to overcome an actual or provisional rejection based on a nonstatutory
`double patenting ground provided the conflicting application or patent either is shown to
`be commonly owned with this application, or claims an invention made as a result of
`activities undertaken within the scope of a joint research agreement.
`Effective January 1, 1994, a registered attorney or agent of record may sign a
`terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with
`37 CFR 3.73(b).
`
`Claims 45-77 are rejected on the ground of nonstatutory obviousness-type
`
`double patenting as being unpatentable over claims 1-50 of U.S. Patent No. 7, 147,759.
`
`Although the conflicting claims are not identical, they are not patentably distinct from
`
`each other because why the claim language is not identical the claims still teach a
`
`method and apparatus for producing strongly ionized plasma from the weakly ionized
`
`plasma.
`
`Claims 45-77 are rejected on the ground of nonstatutory obviousness-type
`
`double patenting as being unpatentable over claims 1-47 of U.S. Patent No. 7,095, 179.
`
`Although the conflicting claims are not identical, they are not patentably distinct from
`
`each other because why the claim language is not identical the claims still teach a
`
`method and apparatus for producing strongly ionized plasma from the weakly ionized
`
`plasma.
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`

`
`Application/Control Number: 10/897,257
`Art Unit: 1795
`
`Page 10
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`Claims 45-77 are rejected on the ground of nonstatutory obviousness-type
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`double patenting as being unpatentable over claims 1-37of U.S. Patent No. 6,896,775.
`
`Although the conflicting claims are not identical, they are not patentably distinct
`
`from each other because why the claim language is not identical the claims still teach a
`
`method and apparatus for producing strongly ionized plasma from the weakly ionized
`
`plasma.
`
`Claims 45-77 are rejected on the ground of nonstatutory obviousness-type
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`double patenting as being unpatentable over claims 1-40 of U.S. Patent No. 6,896,773.
`
`Although the conflicting claims are not identical, they are not patentably distinct
`
`from each other because why the claim language is not identical the claims still teach a
`
`method and apparatus for producing strongly ionized plasma from the weakly ionized
`
`plasma.
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`Claims 45-77 are rejected on the ground of nonstatutory obviousness-type
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`double patenting as being unpatentable over claims 1-43of U.S. Patent No. 6,853, 142.
`
`Although the conflicting claims are not identical, they are not patentably distinct
`
`from each other because why the claim language is not identical the claims still teach a
`
`method and apparatus for producing strongly ionized plasma from the weakly ionized
`
`plasma.
`
`Claims 45-77 are provisionally rejected on the ground of nonstatutory
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`obviousness-type double patenting as being unpatentable over claims1-63 of copending
`
`Application No. 11/091,854. Although the conflicting claims are not identical, they are
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`not patentably distinct from each other because why the claim language is not identical
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`

`
`Application/Control Number: 10/897,257
`Art Unit: 1795
`
`Page 11
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`the claims still teach an apparatus for producing strongly ionized plasma from the
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`weakly ionized plasma.
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`This is a provisional obviousness-type double patenting rejection because the
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`conflicting claims have not in fact been patented.
`
`Claims 45-77 are provisionally rejected on the ground of nonstatutory
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`obviousness-type double patenting as being unpatentable over claims1-63 of copending
`
`Application No. 11/183,463. Although the conflicting claims are not identical, they are
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`not patentably distinct from each other because why the claim language is not identical
`
`the claims still teach a method and apparatus for producing strongly ionized plasma
`
`from the weakly ionized plasma.
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`This is a provisional obviousness-type double patenting rejection because the
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`conflicting claims have not in fact been patented.
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`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to Rodney G. McDonald whose telephone number is 571-
`
`272-1340. The examiner can normally be reached on M-Th with every Friday off ..
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`If attempts to reach the examiner by telephone are unsuccessful, the examiner's
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`supervisor, Nam X. Nguyen can be reached on 571-272-1342. The fax phone number
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`for the organization where this application or proceeding is assigned is 571-273-8300.
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`

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`Application/Control Number: 10/897,257
`Art Unit: 1795
`
`Page 12
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`Information regarding the status of an application may be obtained from the
`
`Patent Application Information Retrieval (PAIR) system. Status information for
`
`published applications may be obtained from either Private PAIR or Public PAIR.
`
`Status information for unpublished applications is available through Private PAIR only.
`
`For more information about the PAIR system, see http://pair-direct.uspto.gov. Should
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`you have questions on access to the Private PAIR system, contact the Electronic
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`Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a
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`USPTO Customer Service Representative or access to the automated information
`
`system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
`
`/Rodney G. McDonald/
`Primary Examiner, Art Unit 1795
`
`Rodney G. McDonald
`Primary Examiner
`Art Unit 1795
`
`RM
`March 24, 2008