Prosecution Insights
Last updated: April 19, 2026
Application No. 17/661,095

SUBSTRATE PROCESSING APPARATUS AND SUBSTRATE PROCESSING METHOD

Final Rejection §112
Filed
Apr 28, 2022
Examiner
MARKOFF, ALEXANDER
Art Unit
1711
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Tokyo Electron Limited
OA Round
4 (Final)
49%
Grant Probability
Moderate
5-6
OA Rounds
3y 7m
To Grant
81%
With Interview

Examiner Intelligence

Grants 49% of resolved cases
49%
Career Allow Rate
437 granted / 899 resolved
-16.4% vs TC avg
Strong +32% interview lift
Without
With
+32.2%
Interview Lift
resolved cases with interview
Typical timeline
3y 7m
Avg Prosecution
48 currently pending
Career history
947
Total Applications
across all art units

Statute-Specific Performance

§101
0.5%
-39.5% vs TC avg
§103
36.5%
-3.5% vs TC avg
§102
25.1%
-14.9% vs TC avg
§112
31.6%
-8.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 899 resolved cases

Office Action

§112
DETAILED ACTION 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, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. 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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 07/15/2025 has been entered. Claim Rejections - 35 USC § 112 The following is a quotation of the first paragraph of 35 U.S.C. 112(a): (a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention. The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112: The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention. Claims 1, 3-4, 12, 14, 16-17 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. The applicants amended the claims to recite: A substrate processing apparatus comprising: a batch processor configured to collectively process a lot including plural substrates; a single-wafer processor configured to process the substrates included in the lot one by one; a transport portion configured to deliver the substrates one by one between the batch processor and the single-wafer processor; a controller configured to control each part of the substrate processing apparatus, wherein the batch processor includes a processing tank configured to store a processing liquid including a rinsing liquid and receive the substrates included in the lot, wherein the processing tank includes an inner tank storing the rinsing liquid and an outer tank arranged around an upper portion of the inner tank, wherein the processing tank includes a fluid supplier, the fluid supplier comprising a fluid source storing a low surface tension fluid and a supply line interconnecting the fluid source and the outer tank of the processing tank, wherein the controller is configured to control the fluid supplier to supply the low surface tension fluid having a lower surface tension than the rinsing liquid to the processing tank, while the transport portion is moving the substrate from the processing tank to the single-wafer processor in a state in which the substrates are wet by the low surface tension fluid. The original specification fails to provide adequate description for what is claimed now for the entire scope of the amended claims. The original specification fails to provide adequate description for the following: wherein the batch processor includes a processing tank configured to store a processing liquid including a rinsing liquid and receive the substrates included in the lot, wherein the processing tank includes an inner tank storing the rinsing liquid and an outer tank arranged around an upper portion of the inner tank, wherein the processing tank includes a fluid supplier, the fluid supplier comprising a fluid source storing a low surface tension fluid and a supply line interconnecting the fluid source and the outer tank of the processing tank, wherein the controller is configured to control the fluid supplier to supply the low surface tension fluid having a lower surface tension than the rinsing liquid to the processing tank, while the transport portion is moving the substrate from the processing tank to the single-wafer processor in a state in which the substrates are wet by the low surface tension fluid. The applicants allege that the support for the claimed subject matter is provided by [0086-91], [0116], [0154-155] and Figure 5. This is not persuasive. The referenced Figure 5 shows that the substrates in the processing tank are in the inner tank. The claims require the processing tank storing a processing liquid, including a rinsing liquid. The claims also recite that the low surface tension fluid be supplied to by a supply line connected to the outer tank. The claims also recite that the low surface tension fluid be supplied while the transport portion is moving the substrate from the processing tank to the single-wafer processor. The claims also recite that the transport portion is moving the substrate from the processing tank to the single-wafer processor in a state in which the substrates are wet by the low surface tension fluid. Please, note that the claims do not recite any contact between the low surface tension fluid with the substrates to make them wet by the low surface tension fluid. Moreover, it appears that such contact is precluded by the claims since the low surface fluid is supplied to the outer tank while the substrates are moved from the inner tank (which contains the rinsing liquid) and moved to the single wafer processor. The original specification and drawings do not provide adequate description regarding the substrates taken from the processing/rinsing liquid of the inner tank and moved to the single-wafer processor by the transport section be wet with the low surface tension fluid, which according to the claims is supplied to the inner tank while the substrates are moved. The original disclosure fails to support moving the substrate from the processing tank to the single-wafer processor in a state in which the substrates are wet by the low surface tension fluid without actual contact the substrates with the low surface tension fluid to wet the substrates with the referenced fluid. The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. Claims 1, 3-4, 12, 14, 16-17 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. The claims are indefinite, incomplete and could not be properly understood because of the following: The applicants amended the claims to recite: A substrate processing apparatus comprising: a batch processor configured to collectively process a lot including plural substrates; a single-wafer processor configured to process the substrates included in the lot one by one; a transport portion configured to deliver the substrates one by one between the batch processor and the single-wafer processor; a controller configured to control each part of the substrate processing apparatus, wherein the batch processor includes a processing tank configured to store a processing liquid including a rinsing liquid and receive the substrates included in the lot, wherein the processing tank includes an inner tank storing the rinsing liquid and an outer tank arranged around an upper portion of the inner tank, wherein the processing tank includes a fluid supplier, the fluid supplier comprising a fluid source storing a low surface tension fluid and a supply line interconnecting the fluid source and the outer tank of the processing tank, wherein the controller is configured to control the fluid supplier to supply the low surface tension fluid having a lower surface tension than the rinsing liquid to the processing tank, while the transport portion is moving the substrate from the processing tank to the single-wafer processor in a state in which the substrates are wet by the low surface tension fluid. The original specification fails to provide adequate description for what is claimed now for the entire scope of the amended claims. The original specification fails to provide adequate description for the following: wherein the batch processor includes a processing tank configured to store a processing liquid including a rinsing liquid and receive the substrates included in the lot, wherein the processing tank includes an inner tank storing the rinsing liquid and an outer tank arranged around an upper portion of the inner tank, wherein the processing tank includes a fluid supplier, the fluid supplier comprising a fluid source storing a low surface tension fluid and a supply line interconnecting the fluid source and the outer tank of the processing tank, wherein the controller is configured to control the fluid supplier to supply the low surface tension fluid having a lower surface tension than the rinsing liquid to the processing tank, while the transport portion is moving the substrate from the processing tank to the single-wafer processor in a state in which the substrates are wet by the low surface tension fluid. AS the result the claims are indefinite, incomplete and could not be properly understood. The claims require the processing tank storing a processing liquid, including a rinsing liquid. The claims also recite that the low surface tension fluid be supplied to by a supply line connected to the outer tank. The claims also recite that the low surface tension fluid be supplied while the transport portion is moving the substrate from the processing tank to the single-wafer processor. The claims also recite that the transport portion is moving the substrate from the processing tank to the single-wafer processor in a state in which the substrates are wet by the low surface tension fluid. The claims do not recite any contact between the low surface tension fluid with the substrates to make them wet by the low surface tension fluid. Moreover, it appears that such contact is precluded by the claims since the low surface fluid is supplied to the outer tank while the substrates are moved from the inner tank (which contains the rinsing liquid) and moved to the single wafer processor. As a result, it is not clear from the claims how the substrates taken from the processing/rinsing liquid of the inner tank and moved to the single-wafer processor by the transport section be wet with the low surface tension fluid, which according to the claims is supplied to the inner tank while the substrates are moved. It could not be properly understood how the substrates moving from the processing tank to the single-wafer processor be in a state in which the substrates are wet by the low surface tension fluid without actual contact the substrates with the low surface tension fluid to wet the substrates with the referenced fluid. Is something missing from the claims? Claims 14 and 16 are further indefinite and could not be properly understood because it appears that claim 14 contradicts to the parent claim 1. Claim 1 requires moving the substrate from the processing tank to the single-wafer processor in a state in which the substrates are wet by the low surface tension fluid, while claim 14 requires the processing liquid to exist on a surface of the substrate moved to the single-wafer processor. Response to Arguments Applicant's arguments filed 07/15/2025 have been fully considered but they are not persuasive. The applicants amended the claims and allege that the claims are allowable. This is not persuasive for the reasons presented in the rejections above. The art rejections applied in the previous Office action are withdrawn in view of the amendments made to the claims, but may be reinstated upon placing the claims in the correspondence with the requirements of 35 USC 112. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Otsu et al (US 2020/0211865) is cited to show that it was known to supply fluids to the outer tank of the processing tank. Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALEXANDER MARKOFF whose telephone number is (571)272-1304. The examiner can normally be reached 9:00 am - 5:30 pm. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael Barr can be reached at 571-272-1414. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /ALEXANDER MARKOFF/Primary Examiner, Art Unit 1711
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Prosecution Timeline

Apr 28, 2022
Application Filed
Jul 05, 2024
Response after Non-Final Action
Oct 27, 2024
Non-Final Rejection — §112
Jan 22, 2025
Applicant Interview (Telephonic)
Jan 22, 2025
Examiner Interview Summary
Jan 29, 2025
Response Filed
May 01, 2025
Final Rejection — §112
Jul 15, 2025
Request for Continued Examination
Jul 17, 2025
Response after Non-Final Action
Aug 09, 2025
Non-Final Rejection — §112
Oct 13, 2025
Interview Requested
Oct 20, 2025
Applicant Interview (Telephonic)
Nov 11, 2025
Response Filed
Dec 27, 2025
Final Rejection — §112 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

5-6
Expected OA Rounds
49%
Grant Probability
81%
With Interview (+32.2%)
3y 7m
Median Time to Grant
High
PTA Risk
Based on 899 resolved cases by this examiner. Grant probability derived from career allow rate.

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