Prosecution Insights
Last updated: April 19, 2026
Application No. 18/034,350

HEAD FOR HOLDING SUBSTRATE AND SUBSTRATE PROCESSING APPARATUS

Non-Final OA §103
Filed
Apr 27, 2023
Examiner
MACARTHUR, SYLVIA
Art Unit
1716
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Ebara Corporation
OA Round
3 (Non-Final)
65%
Grant Probability
Favorable
3-4
OA Rounds
3y 9m
To Grant
91%
With Interview

Examiner Intelligence

Grants 65% — above average
65%
Career Allow Rate
617 granted / 948 resolved
At TC average
Strong +26% interview lift
Without
With
+25.9%
Interview Lift
resolved cases with interview
Typical timeline
3y 9m
Avg Prosecution
33 currently pending
Career history
981
Total Applications
across all art units

Statute-Specific Performance

§101
0.3%
-39.7% vs TC avg
§103
48.8%
+8.8% vs TC avg
§102
29.6%
-10.4% vs TC avg
§112
10.1%
-29.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 948 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 . Continued Examination Under 37 CFR 1.114 A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on March 9, 2026 has been entered. Response to Arguments Applicant’s arguments with respect to claims 1, 3-5, 7, and 8 have been considered but are moot because of the new ground of rejection necessitated by the amendments. Namely Claims 1 and 5 were amended to recite that the projecting portion and the engaging surface of the retainer member are disposed up to an end of the retainer member with respect to the bolt located at the farther end. See Fig. 11 of Kobayashi et al where the retainer member and the retainer guide are fixed with one another by a plurality of bolts and [0093] of Kobayashi et al. Note that a plurality of bolts is recited in [0093] and thus a plurality of bolt holes is insinuated as each bolt of the plurality of bolts would have a corresponding hole. See in Fig. 11 below that the retainer member includes a projecting portion in a direction toward an inner side surface of the retainer guide. See Fig. 11 of Kobayashi et al illustrates an engaging surface. Note that the engaging surface of the retainer member is disposed up to an end of the retainer member with respect to the bolt located at the farther end. The prior art of Kobayashi et al fails to teach that the engaging surface extends in a direction perpendicular to the substrate support surface. The prior art of Numoto (US 2002/0081955) teaches the projecting portion and the engaging surface of the retainer member are disposed up to an end of the retainer member with respect to the bolt located at the farther end. See Fig. 2 of Numoto where the engaging surface extends in a direction perpendicular to the substrate support surface. New claims 9 and 10 are introduced and included in the rejections of claims 1, 3-5, 7, and 8. 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, 3, 5, and 8-10 are rejected under 35 U.S.C. 103 as being unpatentable over Kobayashi et al (US 2020/0039024) in view of JP 2005-11999 held to Numoto (US 2002/0081955). Regarding claims 1, 9, and 10: Kobayashi et al teaches a head (top ring 302) for holding a polygonal substrate, comprising: a substrate support surface having a shape corresponding to a shape of the polygonal/quadrangular substrate (see [0051] and Figs. 6 and 7) ; a retainer member 3 disposed outside each side of the substrate support surface; and a retainer guide 416 configured to support the retainer member, see [0093] and Fig. 11 of Kobayashi et al below where the retainer member and the retainer guide are fixed with one another by a plurality of bolts. Note that a plurality of bolts is recited in [0093] and thus a plurality of bolt holes is insinuated as each bolt of the plurality of bolts would have a corresponding hole. See in Fig. 11 below that the retainer member includes a projecting portion in a direction toward an inner side surface of the retainer guide. See Fig. 11 of Kobayashi et al illustrates an engaging surface. Note that the engaging surface of the retainer member is disposed up to an end of the retainer member with respect to the bolt located at the farther end. The prior art of Kobayashi et al fails to teach that the engaging surface extends in a direction perpendicular to the substrate support surface. PNG media_image1.png 857 973 media_image1.png Greyscale Fig. 11 of Kobayashi et al (US 2020/0039024) The prior art of Numuto teaches a CMP apparatus with a wafer holding head 14 that includes a retainer member 30A and a retainer guide 30B. Numoto also teaches that a retainer member (retainer ring body 30A) and a retainer guide (retainer ring holder 30B) are attached by screwing or adhering plural sections of the retainer member. The prior art of Numoto teaches a) that the projecting portion in a direction toward an inner side surface of the retainer guide, the projecting portion defining the engaging surface and b) that the retainer member 30A includes the projecting portion and the engaging surface of the retainer member 30A are disposed up to an end of the retainer member with respect to the bolt located at the farther end. See Fig. 2 of Numoto. It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the apparatus of Kobayashi et al with the head with the retainer member mated with the retainer guide so the mating includes a projecting portion and engaging surface as designed by the prior art of Numoto to enhance the support and mating arrangement of the retainer member to the retainer guide especially in the harsh CMP environment. PNG media_image2.png 626 718 media_image2.png Greyscale Fig. 2 of Numoto PNG media_image3.png 290 438 media_image3.png Greyscale Enlarged Fig. 2 Numoto showing the projecting portion and engaging surface (perpendicular located in the vertical direction) Regarding claim 3: The head according to claim 1 or 2, wherein the engaging surface of the retainer member engages with an inner side surface of the retainer guide viewed from a center of the head. See Figure 10 of Kobayashi et al which features a surfaces that engages the retainer member 3 with the retainer guide 416. Recall the projecting portion and engaging surface of Kobayashi et al are modified by the teachings of Numoto. See the marked up copy of Fig. 2 of Numoto. It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the apparatus of Kobayashi et al with the head with the retainer member mated with the retainer guide so the mating includes a projecting portion and engaging surface as designed by the prior art of Numoto to enhance the support of the retainer member to the retainer guide especially in the harsh CMP environment. Regarding claim 5: Recall the prior art of Kobayashi et al as illustrated in Fig. 11 shows a retainer member 3 to be used in a head for holding a polygonal substrate, comprising: a plate-shaped member [0064]. Kobayashi et al further teaches a retainer guide 416 configured to support the retainer member when the retainer member is mounted to the head. See Fig. 11 of Kobayashi et al. See [0093] where Kobayashi et al teaches a plurality of bolts and thus a plurality of bolt holes is insinuated as each bolt of the plurality of bolts would have a corresponding hole. See in Fig. 11 below that the retainer member includes a projecting portion in a direction toward an inner side surface of the retainer guide. See Fig. 11 of Kobayashi et al illustrates an engaging surface. Note that the engaging surface of the retainer member is disposed up to an end of the retainer member with respect to the bolt located at the farther end. The prior art of Kobayashi et al fails to teach that the engaging surface extends in a direction perpendicular to the substrate support surface. The prior art of Numuto teaches a CMP apparatus with a wafer holding head 14 that includes a retainer member 30A and a retainer guide 30B. Numoto also teaches that a retainer member (retainer ring body 30A) and a retainer guide (retainer ring holder 30B) are attached by screwing or adhering plural sections of the retainer member. The prior art of Numoto teaches a) that the projecting portion in a direction toward an inner side surface of the retainer guide, the projecting portion defining the engaging surface and b) that the retainer member 30A includes the projecting portion and the engaging surface of the retainer member 30A are disposed up to an end of the retainer member with respect to the bolt located at the farther end. See Fig. 2 of Numoto. It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the apparatus of Kobayashi et al with the head with the retainer member mated with the retainer guide as designed by the prior art of Numoto to enhance the support and mating arrangement of the retainer member to the retainer guide especially in the harsh CMP environment. Regarding claim 8: A substrate processing apparatus that processes a polygonal substrate WF, comprising: the head (top ring 302) according to claim 1; and a polishing table 350 for supporting a polishing pad 352. See Fig. 4 of Kobayashi et al below. PNG media_image4.png 606 832 media_image4.png Greyscale Fig. 4 of Kobayashi et al (US 2020/0039024) Claims 4 and 7 are rejected under 35 U.S.C. 103 as being unpatentable over in view of Kobayashi et al (US 2020/0039024) held to Numoto (US 2002/0081955) as applied to claims 1, 3, 5, and 8-10, and in further view of Zuniga et al (US 6,251,215). The combined teachings of Kobayashi et al and Numoto were recited below. The combined teachings of Kobayashi et al and Numoto fail to teach: Regarding claim 4: The head according to claim 1any one of claims 1 to 3, wherein the retainer member includes a first layer and a second layer, and the first layer and the second layer are formed of different materials with one another. Regarding claim 7: The retainer member according to claim 5, wherein the plate-shaped member includes a first layer and a second layer, and the first layer and the second layer are formed of different materials with one another. The prior art of Zuniga et al teaches a carrier head with a multilayer retaining ring 110(retainer member). According to the abstract the lower portion 180 is made of a flexible material while the upper portion 184 is made of a rigid material. See Fig. 3 of Zuniga et al below and col. 5 line 33 – col. 6 line 63. According to Zuniga et al the difference in materials of construction of the retaining ring allows for a reduction in the edge effect and the resulting flatness and finish of the substrate is improved. Thus it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have further modified the apparatus of resulting from the combined teachings of Kobayashi et al and Numoto to design the retainer member of two layers formed of different construction materials as suggested by Zuniga et al. PNG media_image5.png 602 865 media_image5.png Greyscale Fig. 3 of Zuniga et al (US 6,251,215) Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. KR 10-2007-0034790 teaches a retainer member (lower ring 174), a retaining guide (upper ring 172), and bolt ( fixing member 176). Any inquiry concerning this communication or earlier communications from the examiner should be directed to SYLVIA MACARTHUR whose telephone number is (571)272-1438. The examiner can normally be reached M-F 8:30-5 pm. 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, Parviz Hassanzadeh can be reached at 571-272-1435. 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. /SYLVIA MACARTHUR/Primary Examiner, Art Unit 1716
Read full office action

Prosecution Timeline

Apr 27, 2023
Application Filed
Jul 18, 2025
Non-Final Rejection — §103
Oct 22, 2025
Response Filed
Nov 05, 2025
Final Rejection — §103
Jan 08, 2026
Interview Requested
Jan 15, 2026
Examiner Interview Summary
Jan 15, 2026
Applicant Interview (Telephonic)
Jan 23, 2026
Response after Non-Final Action
Mar 09, 2026
Request for Continued Examination
Mar 11, 2026
Response after Non-Final Action
Mar 13, 2026
Non-Final Rejection — §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12604695
EFEM
2y 5m to grant Granted Apr 14, 2026
Patent 12598956
VAPOR DEPOSITION DEVICE AND VAPOR DEPOSITION METHOD
2y 5m to grant Granted Apr 07, 2026
Patent 12595567
SUBSTRATE TREATING APPARATUS AND SUBSTRATE TREATING METHOD
2y 5m to grant Granted Apr 07, 2026
Patent 12589465
PLATEN ROTATION DEVICE
2y 5m to grant Granted Mar 31, 2026
Patent 12588426
Susceptor for a Chemical Vapor Deposition Reactor
2y 5m to grant Granted Mar 24, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

AI Strategy Recommendation

Get an AI-powered prosecution strategy using examiner precedents, rejection analysis, and claim mapping.
Powered by AI — typically takes 5-10 seconds

Prosecution Projections

3-4
Expected OA Rounds
65%
Grant Probability
91%
With Interview (+25.9%)
3y 9m
Median Time to Grant
High
PTA Risk
Based on 948 resolved cases by this examiner. Grant probability derived from career allow rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month