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 .
Election/Restrictions
Applicant’s election without traverse of Group I in the reply filed on 4/14/2026 is acknowledged.
Claims 14-15 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 4/14/2026.
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.
Claims 1-13 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.
Re claim 1, the phrase “processing a substrate according to a processing condition of the substrate” is unclear and indefinite (for example, what is the process and/or how? What is condition and/or under which condition? etc.).
Re claim 1, the phrase “collecting atmospheric pressure data in parallel with the processing of the substrate” is unclear and indefinite (e.g., how? Is it during the step of processing of the substrate? etc).
Re claim 1, the phrase “performing control of the substrate processing according to the processing condition” is unclear and indefinite (e.g., which processing condition? the original or adjusted processing condition? and the phrase “the substrate processing” lacks antecedent basis).
Re claim 2, the phrase “the processing condition” is unclear and indefinite (e.g., which one? The one recited in line 3 or 7 or 10 or all of them?).
Re claim 3, the phrase “the processing condition” is unclear and indefinite (e.g., which one? The one recited in line 3 or 7 or 10 or all of them?).
Re claim 6, line 8, the phrase “reacquiring a processing condition of the substrate from the acquired film formation time” is unclear and indefinite (e.g., is it the same as the one recited in claim 1, line 3 or 7 or 10 or is it new? And/or what is the condition etc.).
Re claim 6, the phrase “a pre-created model” is unclear and indefinite (e.g., what is the model?).
Re claim 8, the phrase “a predetermined condition is fulfilled” is unclear and indefinite (e.g., what is the predetermined condition and/or how?).
Re claim 8, line 4, the phrase “a processing condition of the substrate” is unclear and indefinite (e.g., is it the same as the one recited in claim 1, line 3 or 7 or 10 or claim 6 or is it new?).
Re claim 8, the phrase “the reacquired processing condition of the substrate” is unclear and indefinite (e.g., what is the reacquire condition? and/or how?).
Re claim 9, lines 1-2, the phrase “the processing condition” is unclear and indefinite (e.g., which one?).
Re claim 11, the phrase “a predetermined time” is unclear and indefinite (what is the time etc.).
Re claim 11, the phrase “a predetermined ratio” is unclear and indefinite (what is the ratio etc.).
Re claim 11, the phrase “a required time” is unclear and indefinite (what is time?).
Re claim 12, the phrase “the predetermined ratio” is unclear and indefinite (what is the ratio?).
Re claim 13, the phrase “a pre-created model” is unclear and indefinite (e.g., what is the model?).
Re claim 13, line 5, the phrase “a processing condition of the substrate” is unclear and indefinite (e.g., is it the same as the one recited in claim 1, line 3 or 7 or 10 or it’s new?).
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-5 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Terao, U.S. Pub. No. 2006/0057860 A1.
Due to 112 issues, the instant claims are rejected as following: Terao (see specification paragraphs [001 1] to [0107], Figures 1 to 10) discloses a method for manufacturing a semiconductor device: the heater 7 heats the silicon wafer 1 within the reaction chamber 3 and keeps the temperature of the silicon wafer 1 constant, increasing the temperature within the reaction chamber 3 to the temperature of the thermal oxidation process (e.g. 900 oC) (S4) (equivalent to a step of processing a substrate according to processing conditions of the substrate), in parallel with the operation of S4 or during the thermal oxidation process, the following process is performed, measuring atmospheric pressure by the atmospheric pressure sensor 10 (S6) (equivalent to a process of collecting atmospheric pressure data in parallel with a process of processing said substrate), and then calculating the oxidation rate by applying the atmospheric pressure to the data of the database 9a; next, based on the calculated oxidation rate, calculating the thermal oxidation treatment time, a thermal oxidation process is performed on the silicon wafer 1 within the calculated time (S10) (corresponding to a process of adjusting process conditions of the substrate using the collected atmospheric pressure data), and a thermal process for adjusting a thermal history is performed on the silicon wafer 1 (S14) (corresponding to a process of controlling process of the substrate processing in accordance with the process conditions), see figs. 1-10 and pages 1-8 for more details .
Re claims 2-3, 5: calculating the oxidation rate by applying atmospheric pressure S6 and/or 10 (fig. 1) to the data of database 9a; next, based on the calculated oxidation rate, a thermal oxidation treatment time is calculated.
Re claim 4: the silicon wafer 1 is subjected to a thermal oxidation treatment during the calculated time (S10), a thermal treatment for adjusting the thermal history is carried out on the silicon wafer 1 (S14).
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 6-13 are rejected under 35 U.S.C. 103 as being unpatentable over Terao, U.S. Pub. No. 2006/0057860 A1 in view of JP2004342805A from IDS.
Due to the 112 issues, the instant claims are rejected as following: Terao disclosed above; however, Terao does not explicitly show calculating an average value from the atmospheric pressure data. JP2004342805A discloses a method for forming a thermal oxide film, in particular, the following technical features are disclosed (see specification paragraphs [0009] to [0045], Figures 1 to 4): air pressure data is data always averaged for example every 10 minutes using a barometer placed in the vicinity of the diffusion furnace used for oxidation, i.e. The heat treating furnace, air pressure data and previous film thickness treatment results are taken into the control system; an oxidation time calculated from a pre-determined oxidation rate-gas pressure dependence; on the basis of the gas pressure information and the film thickness results of the oxide film of the treatment batch immediately before the same oxidation device 1, the oxidation treatment time is decided for the next treatment batch.
It can be seen that the above distinguishing technical features have been disclosed by JP2004342805A and that the above features play the same role, both provide a way of atmospheric pressure data processing technical processing conditions, whereby JP2004342805A gives an insight to apply these technical features to Terao to solve its technical problem. The previously created model is created from experimental results of step time and film thickness results; in the case where the acquired film formation time is the same or shorter than the time until interruption in the process of processing the substrate, it is a routine choice for a person skilled in the art to end the process of processing the substrate. In case the collection or acquisition of atmospheric pressure data fails, it is a routine choice for a person skilled in the art to acquire the processing conditions of the substrate again by taking the atmospheric pressure as a reference as an average of the atmospheric pressure data and applying it to a previously created model.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JACK CHEN whose telephone number is (571)272-1689. The examiner can normally be reached Monday to Friday, 8am to 4pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Yara J. Green can be reached at (571)270-3035. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JACK S CHEN/Primary Examiner, Art Unit 2893
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