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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 09/26/2025 has been entered.
Response to Arguments
Claim(s) 2-3, 17-19 is/are cancelled; claim(s) 6, 13, 15, 16, 20 was/were withdrawn.
Claim(s) 1, 4, 7-12 is/are amended; claim 21 is added.
Applicant’s arguments regarding amendments with respect to the pending claims have been considered but are moot because the arguments based on the amendments do not apply to the current rejection. The amendments in the claims are rejected by previously relied on references below.
Applicant's arguments filed 09/26/2025 have been fully considered but they are not persuasive.
Applicant argues that Jang in view of Kim does not read on amended claim 1.
Examiner disagrees, and notes that the amended claims read on the claims (see updated 103 rejections below).
Due to the explanations above, Applicant’s arguments are rendered not persuasive.
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 limitation(s) 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 limitation(s) is/are:
Front beam emitting unit (lens module], para. [0088]) in claims 6, 13, 15, 20.
Liquid supplier (driving unit, deionized water supply nozzle, nozzle moving member, para. [0083]) in claims 10, 12, 20.
Because this/these claim limitation(s) 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 limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) 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 limitation(s) recite(s) 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.
This application includes one or more claim limitations that use the word “means” or “step” but are nonetheless not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph because the claim limitation(s) recite(s) sufficient structure, materials, or acts to entirely perform the recited function. Such claim limitation(s) is/are:
Laser beam generator (laser source unit, beam shaper, beam expander, para. [0088]) in claims 1-20.
Substrate support unit (window member, spin housing, chuck pin, driving member, para. [0078]) in claims 10-11, 20.
Beam shaper (para. [0088]) in claims 5, 9, 20.
Window/window member (para. [0078-0080]) in claims 1, 5, 9, 20.
Beam expander (plurality of lens, para. [0088]) in claims 5, 9, 20.
Laser source unit (para. [0105]) in claims 5, 9, 20.
Lens mover (para. [0101]) in claims 4, 9, 20.
Driver (stator, rotator, para. [0082]) in claim 11.
Controller (para. [0104]) in claims 9, 20.
Annular beam emitter (Annular beam adjusting module, beam expansion lens, window member, housing, para. [0100]) in claims 1-16, 20.
Laser beam transmitter (optical fiber, para. [0089]) in claims 7, 8, 15, 16.
Heat detector (non-contact temperature sensor, thermal imagers, pyrometer, para. [0102]) in claims 9, 13, 20.
Because this/these claim limitation(s) is/are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are not being interpreted to cover only the corresponding structure, material, or acts described in the specification as performing the claimed function, and equivalents thereof.
If applicant intends to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to remove the structure, materials, or acts that performs the claimed function; or (2) present a sufficient showing that the claim limitation(s) does/do not recite sufficient structure, materials, or acts to perform the claimed function.
Claim Rejections - 35 USC § 112
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.
Claim 11 is 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.
Claim 11 recites the limitation "a window member which is made of a material allowing the laser beam emitted from the annular beam emitter to pass through and is provided under the substrate" in the claim. It is unclear if the window member is the same or different from the window that is introduced in claim 1. Examiner interprets as the same. Appropriate clarification is requested.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
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.
Claim(s) 1, 4-5, 7-12, 14, 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 20200335361 to Jang in view of US 20210202280 to Kim.
Claim 1: Jang discloses a substrate treating facility, comprising: a process area (10 [wafer cleaning equipment], Fig. 6) including an annular beam emitter (120 [aspheric lens]) which emits an annular laser beam (L [laser beam]) to a substrate (W [wafer]) and heats the substrate para. ([0069]); and a laser beam generator (111 [laser supply section]) configured to generate the laser beam (L) emitted to the substrate through the annular beam emitting unit (120) of the process area (10);
wherein the annular beam emitter (120, Fig. 6, 10) includes: a pair of axicon lenses (121/123) configured to adjust a diameter of the annular laser beam (L), a beam expanding lens (122 [second lens]) which is disposed in a downstream along an optical path of the annular laser beam (L) to diffuse the annular laser beam to the substrate (para. [0097-0100]), and a window (150 [window]) disposed downstream from the beam expanding lens (122) along the optical path of the annular laser beam (L), wherein the window (150) is configured to allow the annular laser beam (L) to pass therethrough and configured to protect the pair of axicon lenses (121/123) and the beam expansion lens (122) from an external environment (para. [0063]);
However Jang does not explicitly disclose the process area is a process chamber.
Kim teaches a process area (1) is a process chamber 1 [process chamber], Fig. 3) for the purpose of including a liquid processing apparatus and substrate processing apparatus (para. [0066]), and/or providing a processing process performed on a substrate and which is blocked from the outside (para. [0068]).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to incorporate the process area to be a process chamber as taught by Kim with motivation to include including a liquid processing apparatus and substrate processing apparatus, and/or provide a processing process performed on a substrate and which is blocked from the outside.
The apparatus of Jang in view of Kim does not disclose and a heat detector configured to detect a temperature distribution of the substrate in real time; and a controller configured to dynamically adjust at least one of a beam shape via a beam shaper, a beam diameter via axicon lens positioning, or a laser output intensity, based on the detected temperature distribution.
Kim discloses and a heat detector (83 [temperature detector], Fig. 6) configured to detect a temperature distribution of the substrate in real time (para. [0086] where Kim explicitly teaches that 83 measures the temperature distribution in real time, aka dynamically); and a controller (84 [controller]) configured to dynamically adjust at least one of a beam shape via a beam shaper (82 [beam shaper], para. [0084]), a beam diameter via axicon lens positioning, or a laser output intensity, based on the detected temperature distribution, for the purpose of achieving a selectively uniform energy distribution (abstract, para. [0019]).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to incorporate the heat detector and controller with configuration as taught by Kim with motivation to achieve a selectively uniform energy distribution.
Claims 2-3: (Cancelled).
Claim 4: The apparatus of Jang in view of Kim discloses wherein the anular beam emitter (120, Fig. 6, 10, Jang) further includes a moving module (not shown but disclosed as “selected and fixed at time of manufacturing, and adjustable in real time depending on the size of the wafer,” para. [0099]) that enables any one of the pair of axicon lenses (121/123) to relatively move with respect to the other, and the adjustment of the diameter of the annular laser beam (L) is achieved by adjusting a spaced distance between the one pair of axicon lenses (para. [0099]).
However Jang does not explicitly show the physical structure of a moving module.
Kim teaches a moving module (824 [lens drive mechanism], Fig. 4, para. [0104]) for the purpose of individually moving one or another lens (para. [0104]) so that the inclination, homogeneity, and the like reaching the lower surface of the substrate, are changed (para. [0117]).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to incorporate a physical moving module as taught by Kim with motivation to individually move one or another lens so that the inclination, homogeneity, and the like reaching the lower surface of the substrate, are changed.
Claim 5: The apparatus of Jang in view of Kim discloses wherein the laser beam generator (111, Fig. 6, Jang) includes: a laser source unit (“laser external,” para. [0060]) which outputs a laser beam (L) from energy obtained from external power (para. [0060]);
However Jang does not explicitly disclose the laser beam generator includes wherein the beam shaper converts the laser beam output from the laser source unit into a truncated Gaussian beam or a flattop beam; and a beam expander which enlarges the laser beam shaped by the beam shaper to a type of parallel light having a predetermined diameter. Yet Jang teaches that a module using mirrors may be external (para. [0060]) means Jang is not teaching away from having them, Jang just prefers the mirror module outside the apparatus. Additionally, Jang teaches any number of lenses can be added or changed (para. [0097]).
Kim discloses the laser beam generator (81 [laser generator], Fig. 4) includes wherein the beam shaper (82 [beam shaper]) converts the laser beam output from the laser source unit into a truncated Gaussian beam or a flattop beam (para. [0096]); and a beam expander (“beam enlargement unit,” para. [0095]) which enlarges the laser beam shaped by the beam shaper to a type of parallel light having a predetermined diameter (para. [0095-0096]), for the purpose of rapidly heating the substrate to a required temperature, para. [0095]).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to incorporate the beam shaper and beam expander as taught by Kim with motivation to rapidly heating the substrate to a required temperature.
Claim 6: (Withdrawn).
Claims 7-8: The apparatus of Jang in view of Kim discloses (claim 7) wherein the annular beam emitter (120, Fig. 6, Jang) is optically connected with the laser beam generator (end part of 111) by a laser beam transmitter (optical fiber of 111, para. [0060])); (claim 8) wherein the laser beam transmitter (optical fiber of 111, Fig. 6, Jang) is provided with optical fiber (optical fiber of 111, para. [0060]).
Claims 9, 21: The apparatus of Jang in view of Kim discloses wherein the annular beam emitter (120, Fig. 6, Jang) includes: a lens mover (not shown but disclosed as “selected and fixed at time of manufacturing, and adjustable in real time depending on the size of the wafer,” para. [0099]) configured to adjust a diameter of the annular laser beam (L) by enabling any one of the pair of axicon lenses (either of 121/123) to relatively move the one of the pair of axicon lenses with respect to the other and adjusting a spaced distance between the one pair of axicon lenses (either of 121/123, para. [0099-0100]); wherein the laser beam generator (111, Fig. 6, Jang) includes: a laser source unit (“laser external,” para. [0060]) which outputs a laser beam from energy from external power (para. [0060]);
However the apparatus of Jang in view of Kim does not explicitly show the physical structure of a lens mover. Yet Jang teaches that a module using mirrors may be external (para. [0060]) means Jang is not teaching away from having them, Jang just prefers the mirror module outside the apparatus. Additionally, Jang teaches any number of lenses can be added or changed (para. [0097]).
Kim teaches a lens mover (824 [lens drive mechanism], Fig. 4, para. [0104]) for the purpose of individually moving one or another lens (para. [0104]) so that the inclination, homogeneity, and the like reaching the lower surface of the substrate, are changed (para. [0117]).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to incorporate a physical moving module as taught by Kim with motivation to individually move one or another lens so that the inclination, homogeneity, and the like reaching the lower surface of the substrate, are changed.
The apparatus of Jang in view of Kim also does not disclose wherein the controller is configured to provide feedback, wherein the heat detector detects a temperature for each area of the substrate in real time, the laser beam generator includes: a beam shaper which converts the laser beam output from the laser source unit into a beam shape; and a beam expander which enlarges the laser beam shaped by the beam shaper to a type of parallel light with a predetermined diameter, and the controller controls one or more of a diameter of the annular laser beam by the movement of the lens mover based on the provided feedback, an output of the laser source unit, the shape of the laser beam by the beam shaper, and a diameter of the laser beam shaped by the beam expander from real-time data detected by the heat detector.
Kim discloses disclose wherein the controller (84, Fig. 4) is configured to provide feedback (para. [0112]), the heat detector (83 [temperature detector]) detects a temperature for each area of the substrate in real time (para. [0086]), the laser beam generator (81) includes: a beam shaper (82 [beam shaper]) which converts the laser beam output from the laser source unit into a beam shape (para. [0096]); and a beam expander (“beam enlargement unit,” para. [0095]) which enlarges the laser beam shaped by the beam shaper to a type of parallel light with a predetermined diameter, wherein the beam expander is necessarily formed from a plurality of lenses (para. [0095-0096], and it is known for those units to contain a plurality of lenses to expand the laser beam),
and the controller (84) one or more of a diameter of the annular laser beam by the movement of the lens mover based on the provided feedback (para. [0086], [0112]), an output of the laser source unit, the shape of the laser beam by the beam shaper, and a diameter of the laser beam shaped by the beam expander from real-time data detected by the heat detector (para. [0086], [0112]); for the purpose of rapidly heating the substrate to a required temperature, para. [0095]).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to incorporate the controller, beam shaper, beam expander, and other limitations above as taught by Kim with motivation to rapidly heating the substrate to a required temperature.
Claim 10: The apparatus of Jang in view of Kim discloses wherein the process chamber (1, Fig. 4, Kim) further includes: a substrate support unit (160 [spinner], Fig. 6, Jang) which supports the substrate (W) and rotates the substrate (para. [0040]); and a liquid supplier (170 [nozzle]) including a chemical liquid discharge nozzle (170) which discharges a chemical liquid to the substrate supported by the substrate support unit (160, para. 0054]).
Claim 11: The apparatus of Jang in view of Kim discloses wherein the substrate support unit (160, Fig. 6, Jang) includes: a window member (150 [transparent window]) which is made of a material allowing the laser beam (L) emitted from the annular beam emitter to pass through and is provided under the substrate (W, para. [0059]); a chuck pin (161 [grip section]) which supports a side portion of the substrate (W) and makes the window member (150) and the substrate be spaced apart from each other at a predetermined internal (para. [0068]); a spin housing (100 [housing]) which is coupled with the window member (150) and is penetrated in a vertical direction to provide a path through which the laser beam is transmitted (para. [0059]); and a driver (165/210) which rotates the spin housing (100, para. [0037], [0048]), and the annular beam emitter (120) is provided under the window member (150, Fig. 6).
Claim 12: The apparatus of Jang in view of Kim discloses wherein the chemical liquid discharged from the liquid supplier includes a liquid containing phosphoric acid (para. [0056], Jang).
Claim 13: (Withdrawn).
Claim 14: The apparatus of Jang in view of Kim does not explicitly disclose wherein the process chamber further includes a stage which moves up and down the annular beam emitter so that a distance between the annular beam emitter and the substrate is adjustable. Yet Jang teaches that the lenses can be adjusted, including the gap between the lenses and the bottom of the wafer can be adjusted via changing the placement of the beam emitting unit (120, para. [0098-0099], [0103], [0114]) which means it does not teach away from moving up and down.
Kim teaches wherein the process chamber (1, Fig. 4) further includes a stage (86 [distance adjustment unit], inner bottom of housing) which moves up and down the annular beam emitter (85/82) so that a distance between the annular beam emitter (85/82) and the substrate (W [substrate]) is adjustable (para. [0114]) for the purpose of adjusting a distance between the substrate and the beam unit to increase or decrease the distance in a third direction (para. [0114]).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to incorporate a movable stage as taught by Kim with motivation to adjust a distance between the substrate and the beam unit to increase or decrease the distance in a third direction.
Claims 15-16: (Withdrawn).
Claims 17- 19: (Cancelled).
Claim 20: (Withdrawn).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 20230039663 discloses a similar invention without the specific lens configuration (Fig. 3-6) by same assignee. US 20220084847 discloses a similar invention without the specific lens configuration (Fig. 2-5, para. [0087]) by same assignee. US 20220055074 discloses a similar invention without the specific lens configuration (Fig. 3-8) by same assignee. US 20220068698 discloses a similar invention without the specific lens configuration (Fig. 3-5, para. [0066]) by same assignee.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Charlee J. C. Bennett whose telephone number is (571)270-7972. The examiner can normally be reached M-Th 10am-6pm.
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/Charlee J. C. Bennett/Primary Examiner, Art Unit 1718