Prosecution Insights
Last updated: July 17, 2026
Application No. 18/021,852

WAFER TEMPERATURE CONTROL DEVICE

Final Rejection §103
Filed
Feb 17, 2023
Priority
Sep 14, 2020 — JP 2020-153856 +1 more
Examiner
TRAN, THIEN S
Art Unit
3761
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Kelk Ltd.
OA Round
2 (Final)
72%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
96%
With Interview

Examiner Intelligence

Grants 72% — above average
72%
Career Allowance Rate
979 granted / 1366 resolved
+1.7% vs TC avg
Strong +24% interview lift
Without
With
+24.1%
Interview Lift
resolved cases with interview
Typical timeline
3y 3m
Avg Prosecution
47 currently pending
Career history
1405
Total Applications
across all art units

Statute-Specific Performance

§101
0.6%
-39.4% vs TC avg
§103
86.3%
+46.3% vs TC avg
§102
3.0%
-37.0% vs TC avg
§112
4.4%
-35.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1366 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 . Priority 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. 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. 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. Claims 20-23 are rejected under 35 U.S.C. 103 as being obvious over Benjaminson (WO2017/024132) in view of Samir (US 2018/0337074). With respect to the limitations of claim 20, Benjaminson teaches a wafer temperature control device (title, abstract) comprising: a temperature control sheet configured to include a plurality of temperature control portions that are divided from each other via a division region in the same plane (Figs 1-5, inner heaters 220-1, outer heaters 220-2, 0024); and a top plate configured to include a plate body (Figs 2-3, puck 200, 0022) which is stacked on the temperature control sheet (220-1, 220-2), and of which a surface serves as a placement surface for a semiconductor wafer (wafer workpiece 50, 0022), the surface being opposite the temperature control sheet, the top plate includes a heat insulating portion (Fig 3, lower radial thermal break 210 with bottom opening located at division region between heaters 220-1, 220-2, 0023) disposed at a position corresponding to the division region in the plate body, when viewed in a stacking direction of the temperature control sheet and the top plate and having a thermal conductivity lower than (thermal breaks 210 are filled with air and has a lower thermal conductivity than aluminum alloy puck 200, 0030) a thermal conductivity of the plate body; the placement surface is a smooth surface intersecting the stacking direction (Fig 2, flat, smooth surface of puck 200). Benjaminson discloses the claimed invention except for the plurality of temperature control portions are each independently controllable in temperature. However, Samir discloses the plurality of temperature control portions are each independently controllable in temperature (Figs 1-4, first heater 42, second heater 427, 0050, may be operated independently of one another, and may be capable of adjusting temperatures across the top puck 405) is known in the art. It would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to adapt the wafer temperature control device of Benjaminson having a plurality of temperature control portions silent to independent temperature control with the plurality of temperature control portions are each independently controllable in temperature of Samir for the purpose of providing a known temperature control configuration that allows for the pedestal to be controlled in multiple independent zones in a finite temperature range, whereby improved operations may be performed because a substrate residing on the pedestal can be maintained at a more uniform temperature profile across the entire surface (0025). With respect to the limitations of claims 22 and 23, Benjaminson teaches the temperature control sheet includes a plurality of sheet pieces forming each of the temperature control portions (inner heaters 220-1, outer heaters 220-2). Claim 21 is also rejected because it is dependent upon claim 20. Allowable Subject Matter Claims 1, 5-7, 11, 14, 15 and 19 are allowed. Claim 21 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Response to Amendments Claims 1, 5 and 7 have been amended. Claims 2-4, 8-10, 12, 13 and 16-18 are cancelled. Claims 1, 5-7, 11, 14, 15 and 19-23 are pending. Response to Arguments Applicant’s arguments filed on 2/13/2026 directed to claims 1, 5-7, 11, 14, 15 and 19 are moot in view of the allowed claims. Applicant’s arguments with respect to claims 20-23 been fully considered but they are not persuasive. The applicant has argued on page 12 of the Remarks about claim 20 that Benjaminson in view of Samir fails to disclose providing a heat insulating portion on the top plate, which has a smooth mounting surface, the examiner respectfully disagrees. The claims do not require a heat insulating portion on the top plate but rather “the top plate includes a heat insulating portion disposed at a position corresponding to the division region in the plate body” and as set forth in the rejection of claim 20 above, Benjaminson teaches “the surface being opposite the temperature control sheet, the top plate includes a heat insulating portion (Fig 3, lower radial thermal break 210 with bottom opening located at division region between heaters 220-1, 220-2, 0023) disposed at a position corresponding to the division region in the plate body” and where “the placement surface is a smooth surface intersecting the stacking direction (Fig 2, flat, smooth surface of puck 200)” and therefore fully discloses recited claim limitations. 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. Any inquiry concerning this communication or earlier communications from the examiner should be directed to THIEN S TRAN whose telephone number is (571)270-7745. The examiner can normally be reached Monday-Friday [8:00-4:00]. 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, Steven Crabb can be reached at 571-270-5095. 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. /THIEN S TRAN/Primary Examiner, Art Unit 3761 4/13/2026
Read full office action

Prosecution Timeline

Feb 17, 2023
Application Filed
Nov 26, 2025
Non-Final Rejection mailed — §103
Feb 13, 2026
Response Filed
Apr 16, 2026
Final Rejection mailed — §103 (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

3-4
Expected OA Rounds
72%
Grant Probability
96%
With Interview (+24.1%)
3y 3m (~0m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 1366 resolved cases by this examiner. Grant probability derived from career allowance rate.

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