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 .
Response to Arguments
Applicant’s arguments, see pg. 7, filed March 26, 2026, with respect to the rejection(s) of claim(s) 1-10 and 24-25 under 35 U.S.C. 103 have been fully considered and are discussed below.
Applicant argues on pg. 7, regarding the 35 U.S.C. 103 rejection presented in the previous office action, that:
“By this amendment, independent claims 1, 24 and 25 are amended to incorporate the limitations of allowable claim 4.
Accordingly, independent claims 1, 24 and 25 and dependent claims 2-10 thereof are patentable over the cited references.”
In response the examiner partly agrees and partly finds the argument persuasive. The Applicant has amended allowable subject matter from claim 4 which depended from claim 1 in the previous Office Action. Therefore the 35 U.S.C. 103 rejection presented towards claim 1 is withdrawn. Claims 2-10 are allowed by virtue of their dependence from claim 1. However, Applicant has also amended claim 4 into separate independent claims 24 and 25, of which claim 4 did not depend in the previous office action. Ergo it is unclear how a processor and/or a memory and/or an executable program may modify a wafer by forming structures on a working surface of a wafer using a plurality of fabrication steps, which presents new 35 U.S.C. 112(b) issues which are cited in the rejection below.
Claim Rejections - 35 USC § 112
Claims 24-25 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.
Claim 24 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite. Claim 24, lines 1-2 disclose “A computer apparatus, comprising processing circuitry configured to.” Claim 24, lines 11-12 disclose “modify the first wafer by forming the structures on the working surface of the first wafer using a plurality of fabrication steps.” It is unclear how a processing circuitry can form structures on a working surface of a wafer using a plurality of fabrication steps. Therefore one of ordinary skill in the art would not be apprised of the scope of the claim. For the purposes of the present examination a processor may not perform a modification step of forming structures. However, further clarification is required.
Claim 25 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite. Claim 25, lines 1-2 disclose “A non-transitory computer-readable storage medium storing a program executable by one or more processors to perform.” Claim 25, lines 11-12 disclose “modify the first wafer by forming the structures on the working surface of the first wafer using a plurality of fabrication steps.” It is unclear how a non-transitory computer-readable storage medium storing a program executable by one or more processors can form structures on a working surface of a wafer using a plurality of fabrication steps. Therefore one of ordinary skill in the art would not be apprised of the scope of the claim. For the purposes of the present examination a processor may not perform a modification step of forming structures. However, further clarification is required.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure.
US 10,763,099 B2 to Dai et al. relates to wafer flatness control using backside compensation structure.
US 12,469,725 B2 to Stoddard et al. relates to a method for determining corrective film pattern to reduce semiconductor wafer bow.
US 2023/0161267 A1 to Fulford et al. relates to prediction multi-axis photolithography alignment correction using stressor film.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ERIC S. VON WALD whose telephone number is (571)272-7116. The examiner can normally be reached Monday - Friday 7:30 - 5:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Catherine Rastovski can be reached at 5712700349. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/E.S.V./Examiner, Art Unit 2857
/Catherine T. Rastovski/Supervisory Primary Examiner, Art Unit 2857
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