Prosecution Insights
Last updated: April 19, 2026
Application No. 17/936,532

GRINDING APPARATUS

Non-Final OA §103
Filed
Sep 29, 2022
Examiner
SOTO, CHRISTOPHER ASHLEY
Art Unit
3723
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Disco Corporation
OA Round
3 (Non-Final)
54%
Grant Probability
Moderate
3-4
OA Rounds
2y 9m
To Grant
82%
With Interview

Examiner Intelligence

Grants 54% of resolved cases
54%
Career Allow Rate
59 granted / 110 resolved
-16.4% vs TC avg
Strong +29% interview lift
Without
With
+28.9%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
57 currently pending
Career history
167
Total Applications
across all art units

Statute-Specific Performance

§101
0.2%
-39.8% vs TC avg
§103
47.1%
+7.1% vs TC avg
§102
22.8%
-17.2% vs TC avg
§112
26.0%
-14.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 110 resolved cases

Office Action

§103
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 . Status of Claims Claims 1 and 2 have been amended. Claims 7-9 have been canceled. Claims 1-6 and 10 have been examined on the merits. The indicated allowability is withdrawn in view of the newly discovered reference(s) Arai (US 20060040586 A1). Rejections based on the newly cited reference(s) follow. Claim Rejections - 35 USC § 103 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. Claims 1-6 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Nomiya (U.S. Pub. No. 2008/0070480 A1), Saito et al. (U.S. Pub. No. 2008/0287043 A1), Saito Dai (KR20210040793A), Arai (US 20060040586 A1), and YOSHIDA (US 20180056481 A1). Referring to claim 1: Nomiya teaches a grinding apparatus (10 Fig. 1; “thickness-measuring method during a grinding process” Abstract) comprising: a chuck table (20 Fig. 1) having a holding surface (holding surface of 20 Fig. 1) for holding a workpiece (1 Figs. 2-5) thereon; a grinding mechanism (30 Figs. 1, 3, 4, and 5) having grindstones (37 Figs. 4 and 5) for grinding an upper surface (upper surface of 1 shown in Figs. 4 and 5) of the workpiece held on the holding surface (holding surface of 20 Fig. 1); a grinding feed mechanism (43 Fig. 1; [0029]) for selectively lifting and lowering the grinding mechanism (30 Figs. 1, 3, 4, and 5) in directions perpendicular (“Z-direction” [0029]) to the holding surface; a height recognizing unit (height recognizing unit which positions 30 into the “grinding positions”; “The grinding positions are two, at which the respective grinding units 30 are arranged.” [0028]) for recognizing a height of the grinding mechanism that is lifted or lowered by the grinding feed mechanism; an upper surface height measuring instrument (52a Figs. 4 and 5) for measuring a height (“The wafer side height gauge 52 detects a height position of an upper surface, namely, a surface to be ground, of the wafer 1 held by the chuck table 20 by the tip of a swinging variation probe 52a coming into contact with the upper surface.” [0032]) of the upper surface of the workpiece (1 Figs. 2-5) held on the holding surface (holding surface of 20 Fig. 1); and a control unit (52 Figs. 1 and 3), wherein the upper surface height measuring instrument (52a Figs. 4 and 5) is selectively lifted and lowered in unison (52a and 30 are capable of being lifted and lowered in unison [0052]) with the grinding mechanism (30 Figs. 1, 3, 4, and 5) by the grinding feed mechanism (43 Fig. 1) in the directions perpendicular to the holding surface (holding surface of 20 Fig. 1), wherein the control unit (52 Figs. 1 and 3) includes a calculating section for calculating [0050], while the grindstones are grinding the upper surface of the workpiece; wherein the upper surface height measuring instrument (52a Figs. 4 and 5) comprises a probe (probe of 52a shown in Figs. 5A and 5B) having a probe tip (probe tip of 52a shown in Figs. 5A and 5B) for contacting the upper surface (shown in Figs. 5A and 5B) of the workpiece (1 Figs. 2-5). But is silent on: a first calculation value according to the following equation: |(Z0 – Z1)| - |(H0 – H1)| = the first calculation value, where H0 represents a value measured by the upper surface height measuring instrument as representing a height of a same horizontal plane as lower surfaces of the grindstones, Z0 represents a value recognized by the height recognizing unit as representing the height of the grinding mechanism when the lower surfaces of the grindstones contact the workpiece, Z1 represents a value recognized by the height recognizing unit as representing the height of the grinding mechanism, the value varying in a downward direction, when the grinding mechanism is lowered to grind the workpiece, and H1 represents a measured value of the upper surface height measuring instrument that varies as the grindstones are worn while the grindstones are grinding the workpiece, and wherein the control unit controls the grinding feed mechanism to lower the grinding mechanism to grind the workpiece until the first calculation value calculated by the calculating section reaches a preset ground-off quantity; and a scale for reading the height or vertical position of the probe, and a detector for reading graduations of the scale: wherein the scale and the probe are both coupled to a joint member and are movable along a vertical axis in unison with each other; wherein when the grinding mechanism is lowered, the probe tip of the probe contacts the upper surface of the workpiece before the lower surfaces of the grindstones and until the lower surfaces of the grindstones contact the upper surface of the workpiece, the probe and scale ascend relatively to the detector upon the continuing descent of the grinding mechanism, during which time the height of the probe tip detected by the detector. Saito in an analogous grinding apparatus which calculates the wear of the similar configuration grindstones after performing the grinding operation [0091, 0092] and teaches a similar configuration control unit (47) and a first calculation value according to the following equation: |(Z0 – Z1)| - |(H0 – H1)| = the first calculation value, where H0 represents a value measured by the upper surface height measuring instrument as representing a height of a same horizontal plane as lower surfaces of the grindstones, H1 represents a measured value of the upper surface height measuring instrument that varies as the grindstones are worn while the grindstones are grinding the workpiece, and wherein the control unit controls the grinding feed mechanism to lower the grinding mechanism to grind the workpiece until the first calculation value calculated by the calculating section reaches a preset ground-off quantity (H0 is the distance traveled to bring the workpiece in contact with the work piece; “First, the air cylinder 53 is operated to bring the dresser 50 into contact with a polishing surface 22a of an unused polishing pad 22 which has been initially dressed.”; the value of H1 is accounted for “after completion of a polishing process” via the downward shift due to the amount of wear; “Since the position of the dresser 50 is shifted downward by the amount of wear of the polishing pad 22, the controller 47 calculates a difference between the initial position and the measured position of the dresser 50 after polishing to obtain the amount of wear of the polishing pad 22” [0092]). Z0 represents a value recognized by the height recognizing unit as representing the height of the grinding mechanism when the lower surfaces of the grindstones contact the workpiece, Z1 represents a value recognized by the height recognizing unit as representing the height of the grinding mechanism, the value varying in a downward direction, when the grinding mechanism is lowered to grind the workpiece (the height Z0 is calculated as the “initial height value”; “In this state, the displacement sensor 60 measures an initial position (initial height value) of the dresser 50 and stores the initial position (initial height value) in the storage device of the controller (arithmetical unit) 47.” [0092]; the value of Z1 travel is accounted for “after completion of a polishing process” via the downward shift due to the amount of wear; “Since the position of the dresser 50 is shifted downward by the amount of wear of the polishing pad 22, the controller 47 calculates a difference between the initial position and the measured position of the dresser 50 after polishing to obtain the amount of wear of the polishing pad 22” [0092]). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the grinding apparatus of Nomiya with the wear calculations as taught by Saito for the purpose of increasing the efficiency of the operation as it increases the accuracy of the desired grinding and allows a timely replacement of the grindstones before causing damage. Saito Dai teaches a similar configuration probe (70 Fig. 3) and a scale (250a Fig. 3) for reading the height or vertical position of the probe (70 Fig. 3), and a detector (253 Fig. 3) for reading graduations of the scale: wherein the scale (250a Fig. 3) and the probe (70 Fig. 3) are both coupled to a joint member (81 Fig. 3) and are movable along a vertical axis (Z axis shown in Fig. 3) in unison with each other; the probe tip (71 Fig. 3) of the probe (70 Fig. 3) contacts the upper surface of the workpiece (W Fig. 3). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the probe and scale of Nomiya as modified with the ascending relative movement as taught by Saito Dai for the purpose of having an alternate form of arranging the probe, scale, and detector which is also capable of accurately measuring wear. YOSHIDA in an analogous grinding apparatus (1 Fig. 1) the similar configuration probe (23 Fig. 10A) ascends relatively to the similar configuration detector (21 Fig. 10A) upon the continuing descent (since probe 23 is coupled to the grinding mechanism 10) of the similar configuration grinding mechanism (10 Figs. 1 and 2) during which time the height of the similar configuration probe tip (22 Fig. 10A) detected by the similar configuration detector (21 Fig. 10A). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the probe and detection position of Nomiya as modified with the positioning as taught by YOSHIDA for purpose of having the probe move downwards in unison with the grinding mechanism in order to minimize the need for additional moving parts, since it has been held that rearranging parts of an invention involves only routine skill in the art. MPEP 2144.04(VI)(C) Arai in an analogous grinding apparatus (100 Fig. 1) teaches wherein when the similar configuration grinding mechanism (2 Figs. 3-7) is lowered (shown in Fig. 3 with downward arrow V1), the similar configuration probe tip (tip of 3a Figs. 3-7) of the probe contacts the upper surface of the similar configuration workpiece (5 Figs. 3-7) before (shown in Fig. 3) the lower surfaces of the similar configuration grindstones (grindstones of 2 Figs. 3-7) and until the lower surfaces of the similar configuration grindstones (grindstones of 2 Figs. 3-7) contact the upper surface of the similar configuration workpiece (5 Figs. 3-7). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Nomiya as modified with the probe sequence as taught by Arai for the purpose of ensuring the accuracy of the initial measurement is unaffected by the grinding mechanism. As a result of being modified by YOSHIDA and Arai, the probe (70 Fig. 3 of Saito Dai) and scale (250a Fig. 3 of Saito Dai) ascend relatively to the detector (253 Fig. 3 of Saito Dai) upon the continuing descent of the grinding mechanism (10 Figs. 1 and 2 of YOSHIDA) during which time the height of the probe tip (71 Fig. 3 of Saito Dai) detected by the detector (253 Fig. 3 of Saito Dai). Referring to claim 2: Nomiya as modified teaches the grinding apparatus according to claim 1, wherein the control unit (47 of Saito) includes an upper surface height measuring instrument home position storage section for storing the value (H0) (“storage device of the controller (arithmetical unit) 47” [0092]) measured by the upper surface height measuring instrument as representing the height of the same horizontal plane as the lower surfaces of the grindstones, and wherein the control unit (47 of Saito) determines that the lower surfaces of the grindstones contact the upper surface of the workpiece when a measured value (“the position of the dresser 50 is measured” [0092]) of the upper surface height measuring instrument equals the value (H0) stored in the upper surface height measuring instrument home position storage section (“storage device of the controller (arithmetical unit) 47” [0092]). Referring to claim 3: Nomiya as modified teaches the grinding apparatus according to claim 1, further comprising: a foundation (11 Fig. 1 of Nomiya) on which the chuck table (20 Fig. 1 of Nomiya) and the grinding mechanism (30 Figs. 1, 3, 4, and 5 of Nomiya) are disposed; and a holding surface height measuring instrument (51a Figs. 4 and 5 of Nomiya) disposed on the foundation for measuring a height of the holding surface (holding surface of 20 Fig. 1 of Nomiya), wherein the control unit (47 of Saito) includes a holding surface height measuring instrument home position storage section for storing a value (P0) (“storage device of the controller (arithmetical unit) 47” [0092] of Saito) measured by the holding surface height measuring instrument as representing the height of the holding surface when no vertical load is imposed on the holding surface (“the displacement sensor 60 measures an initial position (initial height value) of the dresser 50 and stores the initial position (initial height value)” of Saito), wherein the calculating section calculates a second calculation value according to the following equation: |(Z0 – Z1)| - |(H0 – H1)| - |(P1 – P0)| = the second calculation value, where P1 represents a value measured by the holding surface height measuring instrument as representing the height of the holding surface, the value varying in a downward direction as the chuck table sinks while the grindstones are grinding the workpiece (P1, the wear of the workpiece is accounted for when determining the wear of the similar configuration grindstone; “After completion of a polishing process for one or more semiconductor wafers W, the dresser 50 is brought into contact with the polishing surface 22a. In this state, the position of the dresser 50 is measured.” [0092] of Saito), and wherein the control unit (“controller (arithmetical unit) 47” [0092] of Saito) controls the grinding feed mechanism to lower the grinding mechanism to grind the workpiece until the second calculation value calculated by the calculating section reaches a preset ground-off quantity (“control the lifting and lowering mechanism to lower the top ring to a preset polishing position as the set vertical position; wherein the controller corrects the preset polishing position based on a value produced by multiplying the amount of wear of the polishing pad which has been detected by the wear detecting device,” [0036] of Saito). Referring to claim 4: Nomiya as modified teaches the grinding apparatus according to claim 1, but is silent on wherein the upper surface height measuring instrument is coupled to the grinding mechanism so that when the grinding mechanism is lifted or lowered, the upper surface height measuring instrument is also lifted or lowered in unison therewith. YOSHIDA et al. in an analogous grinding apparatus (1 Figs. 1 and 2) wherein the similar configuration upper surface height measuring instrument (21 Fig. 2) is coupled to the similar configuration grinding mechanism (15 Figs. 1 and 2) so that when the grinding mechanism is lifted or lowered, the similar configuration upper surface height measuring instrument (21 Figs. 2 and 10A) is also lifted or lowered in unison therewith (“the workpiece thickness detection sensor 21 is moved with the grinding wheel spindle head 15 in the Y direction and the Z direction.” [0055]). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the grinding apparatus of Nomiya with the upper surface height measuring instrument placement as taught by YOSHIDA et al. for the purpose of having an alternate placed measuring device which is also capable of making measurements, and since it has been held that rearranging parts of an invention involves only routine skill in the art. MPEP 2144.04(VI)(C) Referring to claim 5: Nomiya as modified teaches the grinding apparatus according to claim 1, but is silent on wherein the upper surface height measuring instrument is coupled to the grinding feed mechanism so that when the grinding mechanism is lifted or lowered, the upper surface height measuring instrument is also lifted or lowered in unison therewith. YOSHIDA et al. in an analogous grinding apparatus (1 Figs. 1 and 2) wherein the similar configuration upper surface height measuring instrument (21 Fig. 2) is coupled to the similar configuration grinding feed mechanism (13 Fig. 1) so that when the grinding mechanism is lifted or lowered, the similar configuration upper surface height measuring instrument (21 Figs. 2 and 10A) is also lifted or lowered in unison therewith (“the workpiece thickness detection sensor 21 is moved with the grinding wheel spindle head 15 in the Y direction and the Z direction.” [0055]). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the grinding apparatus of Nomiya with the upper surface height measuring instrument placement as taught by YOSHIDA et al. for the purpose of having an alternate placed measuring device which is also capable of making measurements, and since it has been held that rearranging parts of an invention involves only routine skill in the art. MPEP 2144.04(VI)(C) Referring to claim 6: Nomiya as modified teaches the grinding apparatus according to claim 1, but is silent on wherein the height recognizing unit comprises an encoder. Saito in an analogous grinding apparatus teaches wherein the height recognizing unit (height recognizing unit of 47 [0092]) comprises an encoder (“At the same time, the controller 47 calculates the lowered distance (position) of the top ring 20 from the count (integration value) of the encoder, and stores the calculated lowered distance.” [0106]). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the height recognizing unit of Nomiya with the encoder as taught by Saito for the purpose of, as it is well known in the art, converting data from one format to another. Referring to claim 10: Nomiya as modified teaches the grinding apparatus according to claim 1, but is silent on wherein when the control unit recognizes that the measured value of the upper surface height measuring instrument no longer varies, the control unit determines that the lower surfaces of the grindstones have contacted the upper surface of the workpiece and at this time, the control unit acquires the value measured by the upper surface height measuring instrument as representing the height of the upper surface of the workpiece and stores the value as HO. Arai in an analogous grinding apparatus (100 Fig. 1) teaches wherein when the similar configuration control unit recognizes that the measured value of the upper surface height measuring instrument no longer varies, the control unit determines that the lower surfaces of the grindstones have contacted the upper surface of the workpiece and at this time (no longer varies when 2 is in contact with 5 at P2 shown in Fig. 3; “until the polishing pad 2 comes into contact with an unpolished surface of the semiconductor wafer 5 at the second speed-changing position P2.” [0050]), the control unit acquires the value measured by the upper surface height measuring instrument as representing the height of the upper surface of the workpiece and stores the value as HO (“As described above, the first and second speed-changing positions P1 and P2 are set with reference to the initial thickness T1 obtained by the measurement by the detector unit 3 to the actual thickness of the unpolished semiconductor wafer 5.” [0052]). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the Nomiya as modified with the procedure as taught by Aria for the purpose of having an alternate method of finding the initial, unpolished values. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER SOTO whose telephone number is (571)272-8172. The examiner can normally be reached Monday-Friday, 8a.m. - 5 p.m.. 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, Monica Carter can be reached at 571-272-4475. 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. CHRISTOPHER SOTO Examiner Art Unit 3723 /CHRISTOPHER SOTO/Examiner, Art Unit 3723 /MONICA S CARTER/Supervisory Patent Examiner, Art Unit 3723
Read full office action

Prosecution Timeline

Sep 29, 2022
Application Filed
Dec 12, 2024
Non-Final Rejection — §103
Apr 17, 2025
Response Filed
Aug 21, 2025
Final Rejection — §103
Nov 05, 2025
Response after Non-Final Action
Jan 13, 2026
Response after Non-Final Action
Mar 06, 2026
Non-Final Rejection — §103 (current)

Precedent Cases

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

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Prosecution Projections

3-4
Expected OA Rounds
54%
Grant Probability
82%
With Interview (+28.9%)
2y 9m
Median Time to Grant
High
PTA Risk
Based on 110 resolved cases by this examiner. Grant probability derived from career allow rate.

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