DETAILED ACTION
This Office action is in response to the Preliminary Amendment filed on 28 March 2023. Claims 1-22 are pending in the application.
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 .
Claim Rejections - 35 USC § 112(b)
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 8, 11, 14, 21, and 22 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.
Dependent claim 8 requires the claimed apparatus to be configured to only supply the second gas to the array of light-emitting heating elements FL when a wafer-shaped article W is not being processed by the apparatus. It is unclear what this claim structurally requires. For example, is a gas valve provided that is only able to provide a supply of the second gas when a wafer-shaped article W is not disposed on the support?
Similarly, dependent claim 14 requires the apparatus is configured to only provide the second gas to the array of light-emitting heating elements when no wafer-shaped article is supported by the support. It is unclear what this claim structurally requires. For example, is a gas valve provided that is only able to provide a supply of the second gas when no wafer-shaped article is supported by the support?
Dependent claim 11 requires the apparatus to be configured to only supply the second gas to the array of light-emitting heating elements when the liquid is not being dispensed on to the surface of the wafer-shaped article. It is unclear what this claim structurally requires. For example, is a gas valve provided that is only able to provide a supply of the second gas when no wafer-shaped article is supported by the support?
Independent claims 21 and 22 are hybrid claims, since these claims combine
two separate statutory classes of invention in a single claim, namely, and apparatus and a method. It is not clear whether infringement requires making the claimed apparatus and/or operating the claimed apparatus. A claim is considered indefinite if it does not reasonably apprise those skilled in the art of its scope. In IPXL Holdings, L.L.C. v. Amazon.com, Inc., (430 F.3d 1377, 1384 (Fed. Cir. 2005)), the court observed that: “As a result of the combination of two separate statutory classes of invention, a manufacturer or seller of the claimed apparatus would not know … whether it might also be liable for contributory infringement because a buyer or user of the apparatus later performs the claimed method of using the apparatus.” The language of a claim must clearly and precisely define the metes and bounds of the claimed invention, since patented claims place the public on notice of the scope of the patentee's right to exclude. It is important that a person of ordinary skill in the art be able to interpret the metes and bounds of the claims so as to understand how to avoid infringement of the patent that ultimately issues from this application.
Claim Rejections - 35 USC § 112(d)
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claims 7, 8, 11, 13, 14, 15, and 17 are rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. In accordance with 35 U.S.C. 112(d), or pre-AIA 35 U.S.C. 112, fourth paragraph, a claim in dependent form must contain (i) a reference to a claim previously set forth, and (ii) then specify a further limitation of the subject matter claimed. The independent claim from which the above-identified claims depend is drawn to a hear treatment apparatus. Dependent claims 7, 8, 11, 13, 14, 15, and 17 recite further limitations as to how the claimed heat treatment apparatus is “configured” with respect to a method of operating the claimed apparatus. These claims fail to specifically recite any further structural limitations of the heat treatment apparatus. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
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.
Claims 1-5, 7-8, and 13-22 are rejected under 35 U.S.C. 102(a)(1) as being clearly anticipated by Omori et al., US 2018/0337103.
With respect to claim 1, Omori et al. disclose and apparatus for processing wafer-shaped articles, shown in Fig. 1, comprising:
a support 7 configured to support a wafer-shaped article W (see paragraphs [0030]-[0031]);
a heating assembly 5 comprising an array of light-emitting heating elements FL configured to heat a wafer-shaped article W supported by the support 7 (see paragraph [0031]); and
a gas supply mechanism 90 (see paragraph [0031]) configured to supply to the array of light-emitting heating elements FL:
a first gas 84 (N2) having an oxygen content of less than 1% by volume (see paragraphs [0061]-[0062];
a second gas 85 (O2) having an oxygen content that is at least 2% by volume higher than the first gas 84 (see paragraphs [0064]-[0091]). The first gas is nitrogen, so it has an oxygen content of less than 1% by volume, and the second gas is oxygen, so it has an oxygen content that is at least 2% by volume higher than the first gas 84
With respect to claim 2, Omori et al. disclose that the second gas 85 (O2) has an oxygen content that is at least 5% by volume higher than the first gas 84 (N2), see paragraph [0091].
With respect to claim 3, Omori et al. disclose the first gas 84 has an oxygen content of less than 0.5% by volume, or less than 0.1% by volume, since the first gas is nitrogen, see paragraph [0091].
With respect to claim 4, Omori et al. disclose the first gas 84 is an inert gas, see paragraphs [0061]-[0062]..
With respect to claim 5, Omori et al. disclose that the first gas 84 comprises nitrogen, see paragraphs [0061]-[0062].
With respect to claim 7, Omori et al. disclose the apparatus 1, shown in Fig. 1, is configured to supply the first gas 84 to the array of light-emitting heating elements FL during processing of a wafer-shaped article W by the apparatus via inert gas pipe 91 and first valve 96, see paragraphs [0001], [0010], [0030], and [0062].
With respect to claim 8, Omori et al. disclose the apparatus 1, shown in Fig. 1, is configured to only supply the second gas 85 to the array of light-emitting heating elements FL when a wafer-shaped article W is not being processed by the apparatus via the second gas valve 97, see paragraph [0064].
With respect to claim 13, Omori et al. disclose the apparatus 1, shown in Fig. 1, is configured to provide power to the array of light-emitting heating elements FL while the second gas 85 is being supplied to the array of light-emitting heating elements FL, see paragraph [0053]: “The light emission time of the flash lamps FL is adjustable by the coil constant of a lamp light source which supplies power to the flash lamps FL.”
With respect to claim 14, Omori et al. disclose the apparatus 1, shown in Fig. 1, is configured to only supply the second gas 85 to the array of light-emitting heating elements FL when no wafer-shaped article W is supported by the support 7 via the second gas valve 97, see paragraph [0064].
With respect to claim 15, Omori et al. disclose the apparatus 1, shown in Fig. 1, is configured to: supply the second gas 85 to the array of light-emitting heating elements FL after a predetermined period of time of processing of wafer-shaped articles W by the apparatus has elapsed via reactive gas pipe 92 and second gas valve 97 (see paragraph [0064]); and/or supply the second gas 85 to the array of light-emitting heating elements FL after a predetermined number of wafer-shaped articles W have been processed by the apparatus 1 via reactive gas pipe 92 and second gas valve 97 (see paragraph [0064]); and/or supply the second gas 85 to the array of light-emitting heating elements FL when an output of one or more of the light-emitting heating elements FL has dropped by a predetermined amount, or is a predetermined value via reactive gas pipe 92 and second gas valve 97 (see paragraph [0064]); and/or supply the second gas 85 to the array of light-emitting heating elements FL based on a predetermined schedule via reactive gas pipe 92 and second gas valve 97 (see paragraph [0064]).
With respect to claim 16, Omori et al. disclose the gas supply mechanism 90 (see paragraph [0031]) comprises:
a first gas path 91 connected to a source of the first gas 84; and
a second gas path 92 connected to a source of the second gas 85, see paragraphs [0060]-[0064].
With respect to claim 17, Omori et al. disclose that the gas supply mechanism 90 (see paragraph [0031]) comprises one or more valves 96 and 97 configured to control the supply of the first gas 84 and/or the supply of the second gas 85, respectively, to the array of light-emitting heating elements FL, as shown in Fig. 1, see paragraphs [0060]-[0064].
With respect to claim 18, Omori et al. disclose the apparatus 1, shown in Fig. 1, the gas supply mechanism 90 comprises: a first valve 96 for connecting to a source of the first gas 84, and a gas flow path 91 for transporting the first gas 84 from the first valve 96 to the array of light-emitting heating elements FL; and a second valve 97 for connecting to a source of the second gas 85, and a gas flow path 92 for transporting the second gas 85 from the second valve 97 to the array of light-emitting heating elements FL; or a multi-way valve 98 connected to a source of the first gas 84 and a source of the second gas 85, and a gas flow path 93 for transporting the first gas 84 and the second gas 85 from the multi-way valve 98 to the array of light-emitting heating elements FL; or a first gas path 91 connected to a source of the first gas 84, a second gas path 92 connected to a source of the second gas 97, and a valve 97 in the second gas path 92, as shown in Fig. 1 of Omori et al.
With respect to claim 19, Omori et al. disclose an apparatus for processing wafer-shaped articles, shown in Fig. 1. the apparatus comprising:
a support 7 configured to support a wafer-shaped article W (see paragraphs [0030]-[0031]);
a heating assembly 5 comprising an array of light-emitting heating elements FL configured to heat a wafer-shaped article W supported by the support 7 (see paragraph [0031]); and
a gas supply mechanism 90 (see paragraph [0031[) configured to supply gas to the array of light-emitting heating elements FL, wherein the gas supply mechanism 90 comprises:
a first gas path 91 connected to a source of a first gas 84;
a second gas path 92 connected to a source of a second gas 85; and
one or more valves 96 and 97 (see paragraph [0062]-[0064]), respectively, configured to control the supply of the first gas 84 and/or the supply of the second gas 85 to the array of light-emitting heating elements FL, as shown in Fig. 1.
With respect to claim 20, Omori et al. disclose an apparatus for processing wafer-shaped articles, shown in Fig. 1, the apparatus comprising:
a support 7 configured to support a wafer-shaped article W (see paragraphs [0030]-[0031]);
a heating assembly 5 comprising an array of light-emitting heating elements FL configured to heat a wafer-shaped article W supported by the support 7 (see paragraph [0031]); and
a gas supply mechanism 90 (see paragraph [0031[) configured to supply to the array of light-emitting heating elements FL a gas having an oxygen content of greater than 1% by volume during processing of a wafer-shaped article W by the apparatus (see paragraph [0091]). Omori et al. disclose that the reactive gas pipe 92 supplies oxygen (O2) to the heat treatment space 65. Hence, a gas having an oxygen content of greater than 1% by volume during processing of a wafer-shaped article W by the apparatus.
With respect to claim 21, Omori et al. disclose a method of at least partially restoring the output of light-emitting heating elements in an apparatus for processing wafer-shaped articles W, the apparatus comprising:
a support 7 configured to support a wafer-shaped article W (see paragraphs [0030]-[0031]);
a heating assembly 5 comprising an array of light-emitting heating elements FL configured to heat a wafer-shaped article W supported by the support 7 (see paragraph [0031]); and
a gas supply mechanism 90 (see paragraph [0031]) configured to supply to the array of light-emitting heating elements FL:
a first gas 84 (N2) having an oxygen content of less than 1% by volume (see paragraphs [0061]-[0062];
a second gas 85 (O2) having an oxygen content that is at least 2% by volume higher than the first gas 84 (see paragraphs [0064] and [0091]). The first gas is nitrogen, so it has an oxygen content of less than 1% by volume, and the second gas is oxygen, so it has an oxygen content that is at least 2% by volume higher than the first gas 84;
the method comprising: using the gas supply mechanism 90 to supply the second gas 85 to the array of light-emitting heating elements FL, see paragraphs [0064] and [0075].
With respect to claim 22, Omori et al. disclose a method of limiting degradation of light-emitting heating elements in an apparatus for processing wafer-shaped articles W, the apparatus comprising:
a support 7 configured to support a wafer-shaped article W (see paragraphs [0030]-[0031]);
a heating assembly 5 comprising an array of light-emitting heating elements FL configured to heat a wafer-shaped article W supported by the support 7 (see paragraph [0031]); and
a gas supply mechanism 90 (see paragraph [0031]) for supplying a gas to the array of light-emitting heating elements FL:
the method comprising: using the gas supply mechanism 90 to supply a gas 85 (O2) having an oxygen content of greater than 1% by volume to the array of light-emitting heating elements FL during processing of a wafer-shaped article W by the apparatus, see paragraphs [0064] and [0075].
Examiner’s Comment
It has been well established that the purpose to which an apparatus is to be put and expressions relating the apparatus to the contents thereof during the intended use of the apparatus (in the instant claims, the first and second gases) are not significant in determining patentability of the claimed apparatus. A recitation with respect to the manner in which a claimed apparatus is intended to be operated does not patentably distinguish the claimed apparatus from a prior art apparatus satisfying the structural limitations of that claimed. "[A]pparatus claims cover what a device is, not what a device does." Hewlett-Packard Co. v. Bausch & Lomb Inc., 909 F.2d 1464, 1469, 15 USPQ2d 1525, 1528 (Fed. Cir. 1990) (emphasis in original). A claim containing a "recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus" if the prior art apparatus teaches all the structural limitations of the claim. Ex parte Masham, 2 USPQ2d 1647 (Bd. Pat. App. & Inter. 1987) In the instant case, the apparatus of Omori et al. comprises all the structural limitations of the claimed apparatus: a support 7; a heating assembly 5; and a gas supply mechanism 90. Therefore, Applicant’s claimed apparatus is not patentably distinct from the prior art apparatus of Omori et al. by reciting the contents of the claimed apparatus or by reciting the manner in which the claimed apparatus is intended to be operated.
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.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Omori et al., US 2018/0337103.
Omori et al. is applied as above. Admittedly, Omori et al. lack anticipation of the second gas comprising air. However, as noted above, it has been well established that the purpose to which an apparatus is to be put and expressions relating the apparatus to the contents thereof during the intended use of the apparatus (in the instant claims, the first and second gases) are not significant in determining patentability of the claimed apparatus. Therefore, requiring the second gas to comprise air does not patentably distinguish the claimed apparatus from the prior art apparatus of Omori et al., which satisfies the structural limitations of the claim. The apparatus of Omori et al. comprises all the structural limitations of the claimed apparatus: a support 7; a heating assembly 5; and a gas supply mechanism 90. Therefore, Applicant’s claimed apparatus is not patentably distinct from the prior art apparatus of Omori et al. by requiring the second gas to comprise air, since it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention that any gas supply source 85 could be used in the known apparatus of Omori et al.
Claims 9-12 are rejected under 35 U.S.C. 103 as being unpatentable over Omori et al., US 2018/0337103, in view of Cheng et al., US 2018/0033653.
Omori et al. is applied as above. Omori et al. lack anticipation of the light-emitting heating elements are LEDs and the apparatus comprising a liquid dispenser. With respect to claim 8, in the same field of endeavor, Cheng et al. disclose a heat treatment apparatus, shown in Fig.3, comprising a UV source 302 for heating a wafer-shaped article W. Cheng et al. disclose the UV source 302 can be a mercury microwave arc lamp, a pulsed xenon flash lamp or a high-efficiency UV light emitting diode array, see paragraph [0022]. Omori et al. discloses using a xenon flash lamp, see paragraphs [0002]-[0003], [0051], and [0053]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the flash lamps of Omori et al. with an array of light emitting diodes, since Cheng et al. teach the functional equivalence of flash lamps and LEDs as light emitting heating elements in a heat treatment apparatus.
With respect to claim 10, Omori et al. lack anticipation of the apparatus comprising a liquid dispenser for dispensing a liquid on to a surface of the wafer-shaped article W. Cheng et al. disclose an apparatus which includes a chamber 150 for dispensing a liquid and a chamber 160 for UV curing a spin-coated wafer-shaped article W, see Fig. 2 and paragraph [0028]. A liquid dispenser 155 is provided in the chamber 150 for dispensing a liquid onto a surface of the wafer-shaped article W, see paragraph [0036]. In light of the teaching of Cheng et al., it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include a spin coating chamber 150 including a liquid dispenser 155 in the known apparatus of Omori et al. in order to coat the wafer-shaped article W.
With respect to claim 11, since the wafer-shaped article would be coated in a separate chamber from the heat treatment chamber, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention that the apparatus of Omori et al. would be configured to only supply the second gas 85 to the array of light-emitting heating elements FL when the liquid is not being dispensed on to the surface of the wafer-shaped article W.
With respect to claim 12, in the apparatus of Omori et al., the array of light-emitting heating elements FL is arranged to heat a surface of the wafer that is on an opposite side of the wafer compared to the surface of the wafer on which the liquid is dispensed. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention the light-emitting heating elements FL would heat the entire wafer W, including both sides of the wafer.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The additionally cited references disclose various apparatuses and methods for processing a semiconductor wafer with a heating assembly comprising an array of light emitting heating elements.
The additionally cited reference to Ishikawa et al. (US 6,165,862) disclose an apparatus, shown in Fig. 2, for processing wafer-shaped articles, which anticipated Applicant’s claimed apparatus. The apparatus of Ishikawa et al. comprises a support 24/24a configured to support a wafer-shaped article 25, see column 4, lines 15-26; a heating assembly comprising an array of light-emitting heating elements 26 configured to heat a wafer-shaped article 25 supported by the support 24/24a, see column 4, lines 23-29; and a gas supply mechanism 21 (column 4, lines 3-6) configured to supply to the array of light-emitting heating elements 26: a first gas having an oxygen content of less than 1% by volume; and a second gas having an oxygen content that is at least 2% by volume higher than the first gas, see column 2, lines 47-59; column 5, lines 18-50; and claims 3, 12, 13, 28, 31, 40, 43, and 51.
Admittedly, although Ishikawa et al. disclose a second gas having an oxygen content that is at least 2% by volume higher than the first gas, Ishikawa et al. do not teach a first gas having an oxygen content of less than 1% by volume, since Ishikawa et al. teach the oxygen content of the first gas is in the range of 20% to 70%, see column 2, lines 47-59; column 5, lines 18-35. However, as noted above, the purpose to which an apparatus is to be put and expressions relating the apparatus to the contents thereof during the intended use of the apparatus (in the instant claims, the first and second gases) are not significant in determining patentability of the claimed apparatus. In the instant case, the apparatus of Ishikawa et al. comprises all the structural limitations of the claimed apparatus, that is, a support 24/24a, a heating assembly comprising an array of light-emitting heating elements 26 , and a gas supply mechanism 21. Therefore, Applicant’s claimed apparatus is not patentably distinct from the prior art apparatus of Ishikawa et al. by requiring “a first gas having an oxygen content of less than 1% by volume; and a second gas having an oxygen content that is at least 2% by volume higher than the first gas”, since this relates to the contents of the claimed apparatus.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARY A WILCZEWSKI whose telephone number is (571)272-1849. The examiner can normally be reached M-TH 7:30 AM-5:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jessica Manno can be reached at 571-272-2339. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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MARY A. WILCZEWSKI
Primary Examiner
Art Unit 2898
/MARY A WILCZEWSKI/Primary Examiner, Art Unit 2898
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