DETAILED ACTION
This Office action is in response to the Amendment filed on 27 July 2026. 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)
In light of Applicant’s Amendment, the rejection of claims 8, 11, 14, 21, and 22 under 35 U.S.C. 112(b) has been withdrawn.
Claim Rejections - 35 USC § 112(d)
In light of Applicant’s Amendment, the rejection of claims 7, 8, 11, 13, 14, 15, and 17 are rejected under 35 U.S.C. 112(d) has been withdrawn.
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, of record.
With respect to claim 1, Omori et al. disclose a processing apparatus, 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 the 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, wherein the gas supply mechanism comprises a valve 96 that is configured to control the supply of the first gas 84 to the array of light-emitting heating elements FL; and the processing apparatus comprises a controller 3 that is configured to control the valve 96 to supply the first gas to the array of light-emitting heating elements FL during processing of the wafer-shaped article by the processing apparatus, see Figs. 1 and 8 and paragraphs [0001], [0010], [0030], [0062], [0069], and [0085]-[0090].
With respect to claim 8, Omori et al. disclose the apparatus 1, shown in Fig. 1, wherein the gas supply mechanism comprises a valve 97 that is configured to control the supply of the second gas 85 to the array of light-emitting heating elements FL; and the processing apparatus comprises a controller 3 that is configured to control the valve 97 to only supply the second gas to the array of light-emitting heating elements FL when the wafer-shaped article is not being processed by the processing apparatus., see Figs. 1 and 8 and paragraphs [0064], [0069], and [0085]-[0090].
With respect to claim 13, Omori et al. disclose the apparatus 1, shown in Fig. 1, further comprising a controller 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, wherein the gas supply mechanism comprises a valve 97 that is configured to control the supply of the second gas 85 to the array of light-emitting heating elements FL; and the processing apparatus comprises a controller 3 that is configured to control the valve 97 to only supply the second gas 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 Figs. 1 and 8 and paragraphs [0064] and [0085]-[0090].
With respect to claim 15, Omori et al. disclose the apparatus 1, shown in Fig. 1, wherein the gas supply mechanism comprises a valve 97 that is configured to control the supply of the second gas 85 to the array of light-emitting heating elements FL; and the processing apparatus comprises a controller 3 that is configured to control the valve 97 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 a processing apparatus, 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 the 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 a processing apparatus, 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 the 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 the 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 processing apparatus.
With respect to claim 21, Omori et al. disclose a method of at least partially restoring an output of light-emitting heating elements in a processing apparatus, the apparatus comprising:
supporting a wafer-shaped article W via a support 7 (see paragraphs [0030]-[0031]);
heating the wafer-shaped article W supported by the support 7 via a heating assembly 5 comprising an array of light-emitting heating elements FL; and
supplying via a gas supply mechanism 90 (see paragraph [0031]) and to the array of light-emitting heating elements FL:
a second gas 85 (O2) having an oxygen content that is at least 2% by volume higher than a first gas 84 (see paragraphs [0061]-[0064] and [0091]), wherein the gas supply mechanism 90 is configured to selectively supply to the array of light-emitting heating elements FL at least one of a first gas and the second gas, wherein the first gas has an oxygen content of less than 1% by volume, see Fig. 8 and paragraphs [0069] and [0085]-[0090]. 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 22, Omori et al. disclose a method of limiting degradation of an array of light-emitting heating elements in a processing, the apparatus comprising:
supporting a wafer-shaped article W via a support 7 (see paragraphs [0030]-[0031]);
heating the wafer-shaped article W supported by the support 7 via a heating assembly 5 comprising an array of light-emitting heating elements FL;
supplying a gas 85 to the array of light-emitting heating elements FL via a gas supply mechanism 90 (see paragraph [0031]); and
supplying via the gas supply mechanism 90 the 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 the wafer-shaped article W, see paragraphs [0064] and [0075].
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, Omori et al. disclose the apparatus 1, shown in Fig. 1, wherein the gas supply mechanism comprises a valve 97 that is configured to control the supply of the second gas 85 to the array of light-emitting heating elements FL; and the processing apparatus comprises a controller 3 that is configured to control the valve 97 to only supply the second gas to the array of light-emitting heating elements FL, see Fig. 8 and paragraphs [0064], [0069], and [0085]-[0090]. 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. could 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.
Response to Arguments
Applicant's arguments filed 27 July 2026 have been fully considered but they are not persuasive. Applicant has argued that Omori fails to disclose at least the claim 1 limitations of "a gas supply mechanism configured to supply to the array of light-emitting heating elements: 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”. First, as stated in the previous Office action, with respect to the pending apparatus claims, 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.
Second, in the known method of Omori et al., 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, see paragraph [0091] and claims 4 and 9 of Omori et al.. Therefore, Omori et al. clearly teach of "a gas supply mechanism configured to supply to the array of light-emitting heating elements: 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”.
For these reasons, claims 1-22 are not deemed patentable over Omori et al.
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 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.
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MARY A. WILCZEWSKI
Primary Examiner
Art Unit 2898
/MARY A WILCZEWSKI/Primary Examiner, Art Unit 2898
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