Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114 was filed in this application after a decision by the Patent Trial and Appeal Board, but before the filing of a Notice of Appeal to the Court of Appeals for the Federal Circuit or the commencement of a civil action. Since this application is eligible for continued examination under 37 CFR 1.114 and the fee set forth in 37 CFR 1.17(e) has been timely paid, the appeal has been withdrawn pursuant to 37 CFR 1.114 and prosecution in this application has been reopened pursuant to 37 CFR 1.114. Applicant’s submission filed on March 3, 2026 has been entered.
Claim Objections
Claim 31 is objected to because of the following informalities: Newly added claim 31, added in the March 3, 2026 amendment has an incorrect status identifier. Appropriate correction is required.
Drawings
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 “said disc-shaped portion (Applicant’s x21; Figure 1, 3-7) being adapted to directly support one or more substrates on said upper zone”, “upper zone”, “lower zone” must be shown or the features canceled from the claims. No new matter should be entered. There is no “direct support” by the claimed disc-shaped portion (Applicant’s x21; Figure 1, 3-7) because element 603; Figure 6 for example is intervening.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitations uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitations is/are: “suitable for”, “adapted to be”, “being adapted to” in claims 1 and 25.
Because this/these claim limitations is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitations interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitations to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitations recites sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1, 3-5, 15, 16, 31 are rejected under 35 U.S.C. 103 as being unpatentable over Tompa; Gary S. (US 7985295 B1) in view of Mailho; Robert D. et al. (US 6031211 A). Tompa teaches an apparatus comprising an epitaxial deposition reactor (12; Figure 1) including at least one susceptor (38+36; Figure 3, 5-Applicant’s 2; Figure 3-6) comprising a disc-shaped portion (38+36; Figure 3,5-Applicant’s x21+3; Figure 1, 3-7; Brief; Page 5; 1st paragraph; Specification page 3, lines 12-13) with an upper zone (38) and a lower zone (36) and a cylindrical or conical portion (32; Figure 3,5-”graphite”; column 3; line 18-Applicant’s x22; Figure 1, 3-7) with an upper zone and a lower zone, said disc-shaped portion (38+36; Figure 3,5-Applicant’s x21+3; Figure 1, 3-7; Brief; Page 5; 1st paragraph; Specification page 3, lines 12-13) being adapted (equivalent structure cited herein) to directly support (see above drawing objection) one or more substrates on said upper zone (38); wherein said disc-shaped portion (38+36; Figure 3,5-Applicant’s x21+3; Figure 1, 3-7; Brief; Page 5; 1st paragraph; Specification page 3, lines 12-13) and said cylindrical or conical portion (32; Figure 3,5-”graphite”; column 3; line 18-Applicant’s x22; Figure 1, 3-7) are coaxial; wherein the lower zone (36) of said disc-shaped portion (38+36; Figure 3,5-Applicant’s x21+3; Figure 1, 3-7; Brief; Page 5; 1st paragraph; Specification page 3, lines 12-13) and the upper zone of said cylindrical or conical portion (32; Figure 3,5-”graphite”; column 3; line 18-Applicant’s x22; Figure 1, 3-7) are joined together directly (interface of 32/36; Figure 5) or through an intermediate portion so that heat can flow by conduction from said cylindrical or conical portion (32; Figure 3,5-”graphite”; column 3; line 18-Applicant’s x22; Figure 1, 3-7) to said disc-shaped portion (38+36; Figure 3,5-Applicant’s x21+3; Figure 1, 3-7; Brief; Page 5; 1st paragraph; Specification page 3, lines 12-13); and wherein said disc-shaped portion (38+36; Figure 3,5-Applicant’s x21+3; Figure 1, 3-7; Brief; Page 5; 1st paragraph; Specification page 3, lines 12-13) and said cylindrical or conical portion (32; Figure 3,5-”graphite”; column 3; line 18-Applicant’s x22; Figure 1, 3-7), or said disc-shaped portion (38+36; Figure 3,5-Applicant’s x21+3; Figure 1, 3-7; Brief; Page 5; 1st paragraph; Specification page 3, lines 12-13), said cylindrical or conical portion (32; Figure 3,5-”graphite”; column 3; line 18-Applicant’s x22; Figure 1, 3-7), and said intermediate portion are made entirely of a material that is a heat conductor, electrically conductive, and suitable (equivalent structure cited herein) for being heated by electromagnetic induction (column 4; lines 33-37); wherein the epitaxial deposition reactor (12; Figure 1) further comprises a first inductor (34; Figure 3; 86,88; Figure 5-column 3; lines 4-28) adapted (equivalent structure cited herein) to directly heat said disc-shaped portion (38+36; Figure 3,5-Applicant’s x21+3; Figure 1, 3-7; Brief; Page 5; 1st paragraph; Specification page 3, lines 12-13) by electromagnetic induction (column 4; lines 33-37) and a second inductor (90; Figure 3,5; column 4; lines 22-39-Applicant’s 5; Figure 1) adapted (equivalent structure cited herein) to directly heat said cylindrical or conical portion (32; Figure 3,5-”graphite”; column 3; line 18-Applicant’s x22; Figure 1, 3-7) by electromagnetic induction (column 4; lines 33-37) and indirectly heat said disc-shaped portion (38+36; Figure 3,5-Applicant’s x21+3; Figure 1, 3-7; Brief; Page 5; 1st paragraph; Specification page 3, lines 12-13); wherein said first inductor (34; Figure 3; 86,88; Figure 5-column 3; lines 4-28) is flat; wherein said second inductor (90; Figure 3,5; column 4; lines 22-39-Applicant’s 5; Figure 1) is cylindrical or conical - claim 1. It is noted that Tompa discusses inductively heated material for Tompa’s susceptor albeit in the least favorable configuration – “In this way the susceptor need not be constructed of materials that become heated under RF energy thus minimizing levitation.” (column 2; lines 4-10).
Tompa further teaches:
The apparatus (36; Figure 3, 5-Applicant’s 2; Figure 3-6) according to claim 1 , wherein said disc-shaped portion (38+36; Figure 3,5-Applicant’s x21+3; Figure 1, 3-7; Brief; Page 5; 1st paragraph; Specification page 3, lines 12-13) and said cylindrical or conical portion (32; Figure 3,5-”graphite”; column 3; line 18-Applicant’s x22; Figure 1, 3-7) and said intermediate portion are made in a single piece, as claimed by claim 3. The Examiner assumes that each individually claimed component is a single piece as taught by Tompa.
The apparatus (36; Figure 3, 5-Applicant’s 2; Figure 3-6) according to claim 1 , wherein said disc-shaped portion (38+36; Figure 3,5-Applicant’s x21+3; Figure 1, 3-7; Brief; Page 5; 1st paragraph; Specification page 3, lines 12-13) is made in a single first piece and said cylindrical or conical portion (32; Figure 3,5-”graphite”; column 3; line 18-Applicant’s x22; Figure 1, 3-7) is made in a single second piece, wherein said first and second pieces are fixed to one another, as claimed by claim 4. The Examiner assumes that each individually claimed component is a single piece as taught by Tompa.
The apparatus (36; Figure 3, 5-Applicant’s 2; Figure 3-6) according to claim 1 , wherein said cylindrical or conical portion (32; Figure 3,5-”graphite”; column 3; line 18-Applicant’s x22; Figure 1, 3-7) has a hole (5 are shown), as claimed by claim 5.
The reactor (12; Figure 1; 12; Figure 1) according to claim 1, wherein said first inductor (34; Figure 3; 86,88; Figure 5-column 3; lines 4-28; 86, or 88; Figure 5; column 4; lines 35-40) adjustable through modification of its position and/or through modification of the mutual position of its turns, or wherein said second inductor (90; Figure 3,5; column 4; lines 22-39-Applicant’s 5; Figure 1; 90; Figure 5; column 4; lines 35-40-Applicant’s 5; Figure 1) is adjustable through modification of its position and/or through modification of the mutual position of its turns, as claimed by claim 15
The apparatus according to claim 1, wherein the heat conductor is graphite (32; Figure 3,5-”graphite”; column 3; line 18-Applicant’s x22; Figure 1, 3-7), as claimed by claim 16
An apparatus, comprising: an epitaxial deposition reactor (12; Figure 1) including at least one susceptor (38+36; Figure 3, 5-Applicant’s 2; Figure 3-6) comprising a disc-shaped portion (38+36; Figure 3,5-Applicant’s x21+3; Figure 1, 3-7; Brief; Page 5; 1st paragraph; Specification page 3, lines 12-13) with an upper zone (38) and a lower zone (36) and a cylindrical or conical portion (32; Figure 3,5-”graphite”; column 3; line 18-Applicant’s x22; Figure 1, 3-7) with an upper zone (38) and a lower zone (36), said disc-shaped portion (38+36; Figure 3,5-Applicant’s x21+3; Figure 1, 3-7; Brief; Page 5; 1st paragraph; Specification page 3, lines 12-13) being adapted to directly support one or more substrates on said upper zone (38); wherein said disc-shaped portion (38+36; Figure 3,5-Applicant’s x21+3; Figure 1, 3-7; Brief; Page 5; 1st paragraph; Specification page 3, lines 12-13) and said cylindrical or conical portion (32; Figure 3,5-”graphite”; column 3; line 18-Applicant’s x22; Figure 1, 3-7) are coaxial; wherein the lower zone (36) of said disc-shaped portion (38+36; Figure 3,5-Applicant’s x21+3; Figure 1, 3-7; Brief; Page 5; 1st paragraph; Specification page 3, lines 12-13) and the upper zone (38) of said cylindrical or conical portion (32; Figure 3,5-”graphite”; column 3; line 18-Applicant’s x22; Figure 1, 3-7) are joined together directly (interface of 32/36; Figure 5) or through an intermediate portion so that heat can flow by conduction from said cylindrical or conical portion (32; Figure 3,5-”graphite”; column 3; line 18-Applicant’s x22; Figure 1, 3-7) to said disc-shaped portion (38+36; Figure 3,5-Applicant’s x21+3; Figure 1, 3-7; Brief; Page 5; 1st paragraph; Specification page 3, lines 12-13); and wherein said disc-shaped portion (38+36; Figure 3,5-Applicant’s x21+3; Figure 1, 3-7; Brief; Page 5; 1st paragraph; Specification page 3, lines 12-13) and said cylindrical or conical portion (32; Figure 3,5-”graphite”; column 3; line 18-Applicant’s x22; Figure 1, 3-7), or said disc-shaped portion (38+36; Figure 3,5-Applicant’s x21+3; Figure 1, 3-7; Brief; Page 5; 1st paragraph; Specification page 3, lines 12-13), said cylindrical or conical portion (32; Figure 3,5-”graphite”; column 3; line 18-Applicant’s x22; Figure 1, 3-7), and said intermediate portion, are made entirely of a material that is a heat conductor, electrically conductive, and suitable for being heated by electromagnetic induction; wherein the epitaxial deposition reactor (12; Figure 1) further comprises a first inductor (34; Figure 3; 86,88; Figure 5-column 3; lines 4-28) directly heating said disc-shaped portion (38+36; Figure 3,5-Applicant’s x21+3; Figure 1, 3-7; Brief; Page 5; 1st paragraph; Specification page 3, lines 12-13) by electromagnetic induction and a second inductor (90; Figure 3,5; column 4; lines 22-39-Applicant’s 5; Figure 1) directly heating said cylindrical or conical portion (32; Figure 3,5-”graphite”; column 3; line 18-Applicant’s x22; Figure 1, 3-7) by electromagnetic induction and indirectly heating said disc-shaped portion (38+36; Figure 3,5-Applicant’s x21+3; Figure 1, 3-7; Brief; Page 5; 1st paragraph; Specification page 3, lines 12-13); wherein said first inductor (34; Figure 3; 86,88; Figure 5-column 3; lines 4-28) is flat; wherein said second inductor (90; Figure 3,5; column 4; lines 22-39-Applicant’s 5; Figure 1) is cylindrical or conical – claim 31. It is noted that Tompa discusses inductively heated material for Tompa’s susceptor albeit in the least favorable configuration – “In this way the susceptor need not be constructed of materials that become heated under RF energy thus minimizing levitation.” (column 2; lines 4-10).
Tompa does not teach a first power supply supplying power to Tompa’s first inductor (34; Figure 3; 86,88; Figure 5-column 3; lines 4-28; 86, or 88; Figure 5; column 4; lines 35-40) at a first frequency; and a second power supply supplying power to Tompa’s second inductor (90; Figure 3,5; column 4; lines 22-39-Applicant’s 5; Figure 1; 90; Figure 5; column 4; lines 35-40-Applicant’s 5; Figure 1) at a second frequency – claim 1, 31
Similarly, Tompa does not teach:
The apparatus of claim 31, comprising: a first power supply supplying power to the first inductor (34; Figure 3; 86,88; Figure 5-column 3; lines 4-28) at a first frequency; and a second power supply supplying power to the second inductor (90; Figure 3,5; column 4; lines 22-39-Applicant’s 5; Figure 1) at a second frequency, as claimed by claim 32
Mailho teaches a first power supply (“plurality of power generators”; claim 15) for supplying power to the first inductor (“zones”; claim 16) at a first frequency (“energy levels”; column 3; lines 35-40); and a second power supply (“plurality of power generators”; claim 15) for supplying power to the second inductor (“zones”; claim 16) at a second frequency (“energy levels”; column 3; lines 35-40) – claim 1.
It would have been obvious to one of ordinary skill in the art at the time the invention was made for Tompa to control Tompa’s heating zones with independent power supplies at frequency variations as taught by Mailho (column 7; lines 13-30).
Motivation for Tompa to control Tompa’s heating zones with independent power supplies with frequency variations as taught by Mailho is for thermal management (column 8) imparting film uniformity control (column 1; lines 13-28).
Claims 6, 9, and 21-28 are rejected under 35 U.S.C. 103 as being unpatentable over Tompa; Gary S. (US 7985295 B1) in view of Mailho; Robert D. et al. (US 6031211 A). Tompa is discussed above. Tompa further teaches an apparatus, comprising: an epitaxial deposition reactor (12; Figure 1) including at least one susceptor (38+36; Figure 3, 5-Applicant’s 2; Figure 3-6) comprising a disc-shaped portion (38+36; Figure 3,5-Applicant’s x21+3; Figure 1, 3-7; Brief; Page 5; 1st paragraph; Specification page 3, lines 12-13) with an upper zone and a lower zone and a cylindrical or conical portion (32; Figure 3,5-”graphite”; column 3; line 18-Applicant’s x22; Figure 1, 3-7) with an upper zone and a lower zone, one or more substrates on said upper zone (38; Figure 5) of said disc-shaped portion (38+36; Figure 3,5-Applicant’s x21+3; Figure 1, 3-7; Brief; Page 5; 1st paragraph; Specification page 3, lines 12-13); one or more substrates on said upper zone; wherein said disc-shaped portion (38+36; Figure 3,5-Applicant’s x21+3; Figure 1, 3-7; Brief; Page 5; 1st paragraph; Specification page 3, lines 12-13) and said cylindrical or conical portion (32; Figure 3,5-”graphite”; column 3; line 18-Applicant’s x22; Figure 1, 3-7) are coaxial; wherein the lower zone of said disc-shaped portion (38+36; Figure 3,5-Applicant’s x21+3; Figure 1, 3-7; Brief; Page 5; 1st paragraph; Specification page 3, lines 12-13) and the upper zone of said cylindrical or conical portion (32; Figure 3,5-”graphite”; column 3; line 18-Applicant’s x22; Figure 1, 3-7) are joined together directly or through an intermediate portion so that heat can flow by conduction from said cylindrical or conical portion (32; Figure 3,5-”graphite”; column 3; line 18-Applicant’s x22; Figure 1, 3-7) to said disc-shaped portion (38+36; Figure 3,5-Applicant’s x21+3; Figure 1, 3-7; Brief; Page 5; 1st paragraph; Specification page 3, lines 12-13); and wherein said disc-shaped portion (38+36; Figure 3,5-Applicant’s x21+3; Figure 1, 3-7; Brief; Page 5; 1st paragraph; Specification page 3, lines 12-13) and said cylindrical or conical portion (32; Figure 3,5-”graphite”; column 3; line 18-Applicant’s x22; Figure 1, 3-7), or said disc-shaped portion (38+36; Figure 3,5-Applicant’s x21+3; Figure 1, 3-7; Brief; Page 5; 1st paragraph; Specification page 3, lines 12-13), said cylindrical or conical portion (32; Figure 3,5-”graphite”; column 3; line 18-Applicant’s x22; Figure 1, 3-7), and said intermediate portion, are made entirely of a material (column 2; lines 2-14; column 3; lines 17-20) that is a heat conductor, electrically conductive, and suitable (equivalent structure cited herein) for being heated by electromagnetic induction (column 2; lines 2-14; column 3; lines 17-20); wherein the epitaxial deposition reactor (12; Figure 1) further comprises a first inductor (34; Figure 3; 86,88; Figure 5-column 3; lines 4-28) directly heating said disc-shaped portion (38+36; Figure 3,5-Applicant’s x21+3; Figure 1, 3-7; Brief; Page 5; 1st paragraph; Specification page 3, lines 12-13) by electromagnetic induction (column 2; lines 2-14; column 3; lines 17-20) and a second inductor (90; Figure 3,5; column 4; lines 22-39-Applicant’s 5; Figure 1) directly heating said cylindrical or conical portion (32; Figure 3,5-”graphite”; column 3; line 18-Applicant’s x22; Figure 1, 3-7) by electromagnetic induction (column 2; lines 2-14; column 3; lines 17-20) and indirectly heating said disc-shaped portion (38+36; Figure 3,5-Applicant’s x21+3; Figure 1, 3-7; Brief; Page 5; 1st paragraph; Specification page 3, lines 12-13); wherein said first inductor (34; Figure 3; 86,88; Figure 5-column 3; lines 4-28) is flat; wherein said second inductor (90; Figure 3,5; column 4; lines 22-39-Applicant’s 5; Figure 1) is cylindrical or conical – claim 25. With respect to the claimed “heat conductivity”, all of Tompa’s illustrated components are “heat conductors” because no materials (column 2; lines 2-14; column 3; lines 17-20) are adiabatic walls. In other words, all real-world materials (column 2; lines 2-14; column 3; lines 17-20) conduct heat and thus have thermal conductivity.
Tompa does not teach:
Tompa’s apparatus (36; Figure 3, 5-Applicant’s 2; Figure 3-6) according to claim 1 , comprising a drive shaft (Applicant’s 606; Figure 6) coupled with Tompa’s cylindrical or conical portion (32; Figure 3,5-”graphite”; column 3; line 18-Applicant’s x22; Figure 1, 3-7) adapted (equivalent structure cited herein) to transmit rotary movements to Tompa’s disc-shaped portion (38+36; Figure 3,5-Applicant’s x21+3; Figure 1, 3-7; Brief; Page 5; 1st paragraph; Specification page 3, lines 12-13) through Tompa’s cylindrical or conical portion (32; Figure 3,5-”graphite”; column 3; line 18-Applicant’s x22; Figure 1, 3-7), as claimed by claim 6
Tompa’s apparatus (36; Figure 3, 5-Applicant’s 2; Figure 3-6) according to claim 1 , wherein Tompa’s cylindrical or conical portion (32; Figure 3,5-”graphite”; column 3; line 18-Applicant’s x22; Figure 1, 3-7) has a through hole, wherein Tompa’s disc-shaped portion (38+36; Figure 3,5-Applicant’s x21+3; Figure 1, 3-7; Brief; Page 5; 1st paragraph; Specification page 3, lines 12-13) has a seat (not shown by Applicant’s), and comprising Tompa’s lifting device (32+30; Figure 3,5-Applicant’s 681+682) adapted (equivalent structure cited herein) to lift substrates, wherein Tompa’s lifting device (32+30; Figure 3,5-Applicant’s 681+682) comprises Tompa’s stem (32; Figure 3-Applicant’s 682; Figure 6) and Tompa’s plate (30; Figure 3-Applicant’s 681; Figure 6) fixed to one another, wherein Tompa’s stem (32; Figure 3-Applicant’s 682; Figure 6) is arranged in said through hole and adapted (equivalent structure cited herein) to slide along said through hole, wherein Tompa’s plate (30; Figure 3-Applicant’s 681; Figure 6) is arranged in said seat (not shown by Applicant’s), as claimed by claim 9
a first power supply for supplying power to the first inductor (34; Figure 3; 86,88; Figure 5-column 3; lines 4-28; 86, or 88; Figure 5; column 4; lines 35-40) at a first frequency; and a second power supply for supplying power to the second inductor (90; Figure 3,5; column 4; lines 22-39-Applicant’s 5; Figure 1; 90; Figure 5; column 4; lines 35-40-Applicant’s 5; Figure 1) at a second frequency; wherein a ratio between the first and second frequencies (“energy levels”; column 3; lines 35-40) is between 5 and 20 - claim 25
The apparatus according to claim 1, wherein a ratio between the first and second frequencies ( “energy levels”; column 3; lines 35-40) is between 5 and 20, as claimed by claim 21
The apparatus according to claim 1, wherein a first frequency used for the first inductor (34; Figure 3; 86,88; Figure 5-column 3; lines 4-28) for the disc-shaped portion (38+36; Figure 3,5-Applicant’s x21+3; Figure 1, 3-7; Brief; Page 5; 1st paragraph; Specification page 3, lines 12-13) is in the range from 2 KHz to 4 KHz, as claimed by claim 22
The apparatus according to claim 22, wherein the second frequency used for the second inductor (90; Figure 3,5; column 4; lines 22-39-Applicant’s 5; Figure 1) for the cylindrical or conical portion (32; Figure 3,5-”graphite”; column 3; line 18-Applicant’s x22; Figure 1, 3-7) is in the range from 20 KHz to 40 KHz, as claimed by claim 23
The apparatus according to claim 1, wherein the second frequency used for the second inductor (90; Figure 3,5; column 4; lines 22-39-Applicant’s 5; Figure 1) for the cylindrical or conical portion (32; Figure 3,5-”graphite”; column 3; line 18-Applicant’s x22; Figure 1, 3-7) is in the range from 20 KHz to 40 KHz, as claimed by claim 24
The apparatus according to claim 25, wherein the first frequency used for the first inductor (34; Figure 3; 86,88; Figure 5-column 3; lines 4-28) for the disc-shaped portion (38+36; Figure 3,5-Applicant’s x21+3; Figure 1, 3-7; Brief; Page 5; 1st paragraph; Specification page 3, lines 12-13) is in the range from 2 KHz to 4 KHz, as claimed by claim 26
The apparatus according to claim 26, wherein the second frequency used for the second inductor (90; Figure 3,5; column 4; lines 22-39-Applicant’s 5; Figure 1) for the cylindrical or conical portion (32; Figure 3,5-”graphite”; column 3; line 18-Applicant’s x22; Figure 1, 3-7) is in the range from 20 KHz to 40 KHz, as claimed by claim 27
The apparatus according to claim 25, wherein the second frequency used for the second inductor (90; Figure 3,5; column 4; lines 22-39-Applicant’s 5; Figure 1) for the cylindrical or conical portion (32; Figure 3,5-”graphite”; column 3; line 18-Applicant’s x22; Figure 1, 3-7) is in the range from 20 KHz to 40 KHz, as claimed by claim 28
Mailho also teaches an inductively heated (column 6; lines 19-40) cylindrical or conical portion (portion 17 attached to 3; Figure 1-Applicant’s x22; Figure 1, 3-7) including Mailho’s drive shaft (3; Figure 1-Applicant’s 606; Figure 6) coupled with Mailho’s cylindrical or conical portion (portion 17 attached to 3-Applicant’s x22; Figure 1, 3-7), in particular with the lower zone (see above drawing objection) of Mailho’s cylindrical or conical portion (portion 17 attached to 3; Figure 1-Applicant’s x22; Figure 1, 3-7), and adapted (equivalent structure cited herein) to transmit rotary movements to Mailho’s disc-shaped portion (17; Figure 1-Applicant’s x21; Figure 1, 3-7) through Mailho’s cylindrical or conical portion (portion 17 attached to 3; Figure 1-Applicant’s x22; Figure 1, 3-7).
Mailho further teaches six heated zones controlled at six distinct frequencies for optimized heat distribution (column 6, lines 47-61; column 7; lines 13-19; column 8; line 10) starting at 50kHz (column 5; lines 1-18).
Mailho further teaches:
a first power supply (“plurality of power generators”; claim 15) for supplying power to the first inductor (“zones”; claim 16) at a first frequency (“energy levels”; column 3; lines 35-40); and a second power supply (“plurality of power generators”; claim 15) for supplying power to the second inductor (“zones”; claim 16) at a second frequency (“energy levels”; column 3; lines 35-40) – claim 25
Mailho’s susceptor (14+ 17; Figure 1-Applicant’s 2; Figure 3-6) according to claim 1 , wherein Mailho’s cylindrical or conical portion (portion 17 attached to 3; Figure 1-Applicant’s x22; Figure 1, 3-7) has a through hole (center hole of portion 17 attached to 3; Figure 1), wherein Mailho’s disc-shaped portion (17; Figure 1-Applicant’s x21; Figure 1, 3-7) has a seat (19/14 interface; Figure 1-not shown by Applicant’s), and comprising Mailho’s lifting device (top of 19/14 interface+19; Figure 3,5-Applicant’s 681+682) adapted (equivalent structure cited herein) to lift substrates, wherein Mailho’s lifting device (top of 19/14 interface+19; Figure 3,5-Applicant’s 681+682) comprises Mailho’s stem (19; Figure 1-Applicant’s 682; Figure 6) and Mailho’s plate (see annotated prior art-Applicant’s 681; Figure 6) fixed to one another, wherein Mailho’s stem (19; Figure 1-Applicant’s 682; Figure 6) is arranged in said through hole and adapted (equivalent structure cited herein) to slide along said through hole, wherein Mailho’s plate (see annotated prior art -Applicant’s 681; Figure 6) is arranged in said seat (19/14 interface; Figure 1-not shown by Applicant’s), as claimed by claim 9
It would have been obvious to one of ordinary skill in the art at the time the invention was made for Tompa to add Mailho’s drive shaft (3; Figure 1-Applicant’s 606; Figure 6) and supporting components to Tompa’s apparatus. Further, for Tompa to optimize Tompa’s “energy levels” as taught by Mailho’s six heated zones controlled at six distinct frequencies with independent power supplies (column 6, lines 47-61; column 7; lines 13-19; column 8; line 10).
Motivation for Tompa to add Mailho’s drive shaft (3; Figure 1-Applicant’s 606; Figure 6) and supporting components to Tompa’s apparatus is for alternate, yet equivalent, means of averaging out “radiant heat non-uniformities” as taught by Tompa (column 3; lines 35-40) “depending on the requirements of the user” as taught by Tompa (column 3; lines 15-20). Motivation for Tompa to optimize Tompa’s “energy levels” as taught by Mailho’s six heated zones controlled at six distinct frequencies (column 6, lines 47-61; column 7; lines 13-19; column 8; line 10) with independent power supplies is for thermal management (column 8) imparting film uniformity control (column 1; lines 13-28). Only result-effective variables can be optimized (In re Antonie, 559 F.2d 618, 195 USPQ 6 (CCPA 1977). See also In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980). MPEP2144.05.
Claims 7 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Tompa; Gary S. (US 7985295 B1) in view of Armstrong; Keith H. et al. (US 6072163 A) and, if necessary, Mailho; Robert D. et al. (US 6031211 A). Tompa and Mailho are discussed above. Tompa further teaches the apparatus (36; Figure 3, 5-Applicant’s 2; Figure 3-6) according to claim 7, wherein said disc-shaped support (30; Figure 3,5-Applicant’s 603; Figure 6) has a shaped lower edge (beveled edge shown, not numbered; Figure 3,5) or said disc-shaped portion (38+36; Figure 3,5-Applicant’s x21+3; Figure 1, 3-7; Brief; Page 5; 1st paragraph; Specification page 3, lines 12-13) has a shaped upper edge, to allow handling of said disc-shaped support (30; Figure 3,5-Applicant’s 603; Figure 6) by a tool, as claimed by claim 8. Applicant’s claim italicized claim requirement are claim requirements of intended use in the pending apparatus claims. Further, it has been held that claim language that simply specifies an intended use or field of use for the invention generally will not limit the scope of a claim (Walter , 618 F.2d at 769, 205 USPQ at 409; MPEP 2106). Additionally, in apparatus claims, intended use must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim (In re Casey,152 USPQ 235 (CCPA 1967); In re Otto , 136 USPQ 458, 459 (CCPA 1963); MPEP2111.02).
Tompa and Mailho do not teach Tompa’s apparatus (36; Figure 3, 5-Applicant’s 2; Figure 3-6) according to claim 1, also comprising a disc-shaped support (30; Figure 3,5-Applicant’s 603; Figure 6) adapted (equivalent structure cited herein) to directly support one or more substrates and rested on and in contact with said disc-shaped portion (38+36; Figure 3,5-Applicant’s x21+3; Figure 1, 3-7; Brief; Page 5; 1st paragraph; Specification page 3, lines 12-13), as claimed by claim 7
Armstrong teaches a vertically actuated platen with variable spacing between heated disc-shaped support (20; Figure 1-Applicant’s 603; Figure 6) and cooled disc-shaped portion (26; Figure 1-Applicant’s x21; Figure 1, 3-7).
It would have been obvious to one of ordinary skill in the art at the time the invention was made for Tompa to add actuating means (32; Figure 1) as taught by Armstrong.
Motivation for Tompa to add actuating means (32; Figure 1) as taught by Armstrong is for thermal management as taught by Armstrong (column 10; lines 35-50).
Response to Arguments
Applicant's arguments filed March 3, 2026 have been fully considered but they are not persuasive.
Applicant states:
“
Claims 1 and 25 are amended to positively recite that the apparatus includes a first power supply supplying power to the first inductor at a first frequency and a second power supply supplying power to the second inductor at a second frequency. Hence, the alleged "capability" of the arrangements in Tompa and Mailho is irrelevant, since the claims require the actual supplying of power at first and second frequencies by first and second power supplies. Since neither reference discloses such power supplies for supply supplying power to the first and second inductors independently at first and second frequencies, favorable reconsideration is respectfully requested.
“
The Examiner disagrees. The Examiner’s grounds of rejection address the combination of Tompa and Mailho for the “actual” claimed invention. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
The Examiner’s grounds of rejection are directed to the above factual inquiries.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Zone heater operation is supported in similar apparatus US 20110259879 A1, US 20120148760 A1, and US 20150059980 A1.
All claims are identical to or patentably indistinct from, or have unity of invention with claims in the application prior to the entry of the submission under 37 CFR 1.114 (that is, restriction (including a lack of unity of invention) would not be proper) and all claims could have been finally rejected on the grounds and art of record in the next Office action if they had been entered in the application prior to entry under 37 CFR 1.114. Accordingly, THIS ACTION IS MADE FINAL even though it is a first action after the filing of a request for continued examination and the submission under 37 CFR 1.114. See MPEP § 706.07(b). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Examiner Rudy Zervigon whose telephone number is (571) 272- 1442. The examiner can normally be reached on a Monday through Thursday schedule from 8am through 6pm EST. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Any Inquiry of a general nature or relating to the status of this application or proceeding should be directed to the Chemical and Materials Engineering art unit receptionist at (571) 272-1700. If the examiner cannot be reached please contact the examiner's supervisor, Parviz Hassanzadeh, at (571) 272- 1435.
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/Rudy Zervigon/ Primary Examiner, Art Unit 1716
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