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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “empty parts”, “empty spaces”, “…so that edges of the main face of the substrate are not in contact with the solid holding surface…” must be shown or the features canceled from the claims. No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 1-7, 11-12 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.
Claims 1 and 11 recites the limitation “empty spaces”. There is insufficient antecedent basis for this limitation in the claim.
Claim Rejections - 35 USC § 102/103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-2, 5-7 are rejected under 35 U.S.C. 102(a)(2) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Chae; Yongkee et al. (US 20160002774 A1) in view of Krotov; Peter et al. (US 20170170051 A1) if necessary. Chae teaches a plate (500; Figure 5-Applicant’s 100; Figure 2) configured to support at least one substrate (not shown; Figure 5; 600; Figure 6-Applicant’s 106; Figure 2) during a deposition (“deposition”; throughout) (abstract, elsewhere) of material on the substrate (not shown; Figure 5; 600; Figure 6-Applicant’s 106; Figure 2), including at least: a solid holding surface (intersection points of array 500; [0049] ;Figure 5-Applicant’s 102; Figure 2) against which a central region (“central region” of the substrate; not shown; Figure 5; 600; Figure 6-Applicant’s 106; Figure 2) of a main face of the substrate (not shown; Figure 5; 600; Figure 6-Applicant’s 106; Figure 2) is intended to be placed during the deposition (“deposition”; throughout) (“plasma-assisted vapor deposition (“deposition”; throughout)”, PECVD - machine translation attached), the dimensions of the solid holding surface (intersection points of array 500; [0049] ;Figure 5-Applicant’s 102; Figure 2) being smaller than those of the main face of the substrate (not shown; Figure 5; 600; Figure 6-Applicant’s 106; Figure 2) so that edges of the main face of the substrate (not shown; Figure 5; 600; Figure 6-Applicant’s 106; Figure 2) located on the periphery of the central region (“central region” of the substrate; not shown; Figure 5; 600; Figure 6-Applicant’s 106; Figure 2) are not in contact with the solid holding surface (intersection points of array 500; [0049] ;Figure 5-Applicant’s 102; Figure 2); a frame (502; Figure 5; [0049]-Applicant’s 108; Figure 2); arms (perimeter elements for 504,506; Figure 5 - Applicant’s 104; Figure 2) configured to support for peripheral regions of the main face of the substrate (not shown; Figure 5; 600; Figure 6-Applicant’s 106; Figure 2), said arms (perimeter elements for 504,506; Figure 5 - Applicant’s 104; Figure 2) being arranged around the solid holding surface (intersection points of array 500; [0049] ;Figure 5-Applicant’s 102; Figure 2) so as to mechanically connect the solid holding surface (intersection points of array 500; [0049] ;Figure 5-Applicant’s 102; Figure 2) to the frame (502; Figure 5; [0049]-Applicant’s 108; Figure 2) of said frame (502; Figure 5; [0049]-Applicant’s 108; Figure 2), wherein empty parts (504, 506; Figure 5-not shown by Applicants) located within the frame (502; Figure 5; [0049]-Applicant’s 108; Figure 2) are arranged around the solid holding surface (intersection points of array 500; [0049] ;Figure 5-Applicant’s 102; Figure 2) and said arms (perimeter elements for 504,506; Figure 5 - Applicant’s 104; Figure 2), so that when the substrate (not shown; Figure 5; 600; Figure 6-Applicant’s 106; Figure 2) is placed on the holding surface (intersection points of array 500; [0049] ;Figure 5-Applicant’s 102; Figure 2), said empty spaces (understood as “empty parts” 504, 506; Figure 5-not shown by Applicants) are arranged in front of said edges of the main face of the substrate (not shown; Figure 5; 600; Figure 6-Applicant’s 106; Figure 2),as claimed by claim 1. The above and below italicized claim text are considered to be claim requirements of intended use for the pending apparatus claims that are either a function of the to-be-processed substrate’s dimensions, that is not part of the apparatus, or are recited as an intended use of the claimed apparatus. Further, it has been held that claim language that simply specifies an intended use or field of use for the invention generally will not limit the scope of a claim (Walter , 618 F.2d at 769, 205 USPQ at 409; MPEP 2106). Additionally, in apparatus claims, intended use must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim (In re Casey,152 USPQ 235 (CCPA 1967); In re Otto , 136 USPQ 458, 459 (CCPA 1963); MPEP2115).
Chae further teaches:
The plate (500; Figure 5-Applicant’s 100; Figure 2) according to claim 1, wherein the solid holding surface (intersection points of array 500; [0049] ;Figure 5-Applicant’s 102; Figure 2) has a square shape, and wherein the arms (perimeter elements for 504,506; Figure 5 - Applicant’s 104; Figure 2) extend from the corners of the solid holding surface (intersection points of array 500; [0049] ;Figure 5-Applicant’s 102; Figure 2) or from the sides of the solid holding surface (intersection points of array 500; [0049] ;Figure 5-Applicant’s 102; Figure 2), as claimed by claim 2
The plate (500; Figure 5-Applicant’s 100; Figure 2) according to claim 1, configured to hold a plurality of substrates (not shown; Figure 5; 600; Figure 6-Applicant’s 106; Figure 2) during a deposition (“deposition”; throughout) (abstract, elsewhere) of material on the substrates (not shown; Figure 5; 600; Figure 6-Applicant’s 106; Figure 2), including a plurality of solid holding surfaces (intersection points of array 500; [0049] ;Figure 5-Applicant’s 102; Figure 2) spaced apart from one another and held mechanically to one another and to the frame (502; Figure 5; [0049]-Applicant’s 108; Figure 2) by the arms (perimeter elements for 504,506; Figure 5 - Applicant’s 104; Figure 2) which join together, and wherein the solid holding surfaces (intersection points of array 500; [0049] ;Figure 5-Applicant’s 102; Figure 2) which are adjacent to the frame (502; Figure 5; [0049]-Applicant’s 108; Figure 2) are directly held on the frame (502; Figure 5; [0049]-Applicant’s 108; Figure 2) by a portion of the arms (perimeter elements for 504,506; Figure 5 - Applicant’s 104; Figure 2), as claimed by claim 5
The plate (500; Figure 5-Applicant’s 100; Figure 2) according to claim 1, wherein the plate (500; Figure 5-Applicant’s 100; Figure 2) is configured to support at least one photovoltaic cell standard wafer, as claimed by claim 6
A system comprising at least one plate (500; Figure 5-Applicant’s 100; Figure 2) according to claim 1 and at least one substrate (not shown; Figure 5; 600; Figure 6-Applicant’s 106; Figure 2) held by the plate (500; Figure 5-Applicant’s 100; Figure 2), as claimed by claim 7
An assembly for deposition (“deposition”; throughout) system (Figure 5) of material comprising: a substrate (not shown; Figure 5; 600; Figure 6-Applicant’s 106; Figure 2); and a plate (500; Figure 5-Applicant’s 100; Figure 2) configured to support at least one substrate (not shown; Figure 5; 600; Figure 6-Applicant’s 106; Figure 2) during a deposition (“deposition”; throughout) of material on the substrate (not shown; Figure 5; 600; Figure 6-Applicant’s 106; Figure 2), including at least a solid holding surface (intersection points of array 500; [0049] ;Figure 5-Applicant’s 102; Figure 2) against which a central region (“central region” of the substrate not shown; Figure 5; 600; Figure 6-Applicant’s 106; Figure 2) of a main face of the substrate (not shown; Figure 5; 600; Figure 6-Applicant’s 106; Figure 2) is intended to be placed during the deposition (“deposition”; throughout), the dimensions of the solid holding surface (intersection points of array 500; [0049] ;Figure 5-Applicant’s 102; Figure 2) being smaller than those of the main face of the substrate (not shown; Figure 5; 600; Figure 6-Applicant’s 106; Figure 2) so that edges of the main face of the substrate (not shown; Figure 5; 600; Figure 6-Applicant’s 106; Figure 2) located on the periphery of the central region (“central region” of the substrate not shown; Figure 5; 600; Figure 6-Applicant’s 106; Figure 2) are not in contact with the solid holding surface (intersection points of array 500; [0049] ;Figure 5-Applicant’s 102; Figure 2); a frame (502; Figure 5; [0049]-Applicant’s 108; Figure 2), and arms (perimeter elements for 504,506; Figure 5 - Applicant’s 104; Figure 2) configured to support for peripheral regions of the main face of the substrate (not shown; Figure 5; 600; Figure 6-Applicant’s 106; Figure 2), said arms (perimeter elements for 504,506; Figure 5 - Applicant’s 104; Figure 2) being arranged around the solid holding surface (intersection points of array 500; [0049] ;Figure 5-Applicant’s 102; Figure 2) so as to mechanically connect the solid holding surface (intersection points of array 500; [0049] ;Figure 5-Applicant’s 102; Figure 2) to said frame (502; Figure 5; [0049]-Applicant’s 108; Figure 2), wherein empty parts (504, 506; Figure 5-not shown by Applicants) located within the frame (502; Figure 5; [0049]-Applicant’s 108; Figure 2) are arranged around the solid holding surface (intersection points of array 500; [0049] ;Figure 5-Applicant’s 102; Figure 2) and said arms (perimeter elements for 504,506; Figure 5 - Applicant’s 104; Figure 2), so that when the substrate (not shown; Figure 5; 600; Figure 6-Applicant’s 106; Figure 2) is placed on the holding surface, said empty spaces (understood as “empty parts” 504, 506; Figure 5-not shown by Applicants) are arranged in front of said edges of the main face of the substrate (not shown; Figure 5; 600; Figure 6-Applicant’s 106; Figure 2), as claimed by claim 11
A deposition (“deposition”; throughout) system (Figure 5) for depositing material comprising: a deposition (“deposition”; throughout) equipment comprising a deposition (“deposition”; throughout) chamber (“deposition (“deposition”; throughout) chamber”; throughout; not shown), an assembly according to claim 11 placed in the deposition (“deposition”; throughout) chamber (“deposition (“deposition”; throughout) chamber”; throughout; not shown), as claimed by claim 12
The Examiner’s above grounds of rejection are based on the use of Chae’s wafer carrier holding substrates that are sized as taught by Chae’s Figure 6, 7 and not larger. In the event that the grounds of rejection are not deemed acceptable, then, Krotov also teaches a similar substrate support array (Figure 1,2) with a similar solid holding surface (210, 230; Figure 2-Applicant’s 102; Figure 2) between shallow grooves (220; Figure 2).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention for Chae to process larger sized wafers at optimal placement as taught by Chae and/or Krotov at optimized apparatus dimension(s).
Motivation for Chae to process larger sized wafers at optimal placement and at optimized apparatus dimension(s) is for accommodating wafers of larger size as taught by Chae ([0052]) and Krotov ([0051]-[0052]). It is well established that changes in apparatus dimensions are within the level of ordinary skill in the art.(Gardner v. TEC Systems, Inc. , 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied , 469 U.S. 830, 225 USPQ 232 (1984); In re Rose , 220 F.2d 459, 105 USPQ 237 (CCPA 1955); In re Rinehart, 531 F.2d 1048, 189 USPQ 143 (CCPA 1976); See MPEP 2144.04)
Claim Rejections - 35 USC § 103
Claims 3, 4 are rejected under 35 U.S.C. 103 as being unpatentable over Chae; Yongkee et al. (US 20160002774 A1) in view of Krotov; Peter et al. (US 20170170051 A1). Chae is discussed above. Chae does not teach:
Chae’s plate (500; Figure 5-Applicant’s 100; Figure 2) according to claim 1, wherein Chae’s arms (perimeter elements for 504,506; Figure 5 - Applicant’s 104; Figure 2) have a thickness greater than that of Chae’s solid holding surface (intersection points of array 500; [0049] ;Figure 5-Applicant’s 102; Figure 2) and form raised portions on Chae’s side of Chae’s solid holding surface (intersection points of array 500; [0049] ;Figure 5-Applicant’s 102; Figure 2) on which Chae’s substrate (not shown; Figure 5; 600; Figure 6-Applicant’s 106; Figure 2) is intended to be placed, as claimed by claim 3
Chae’s plate (500; Figure 5-Applicant’s 100; Figure 2) according to claim 3, wherein Chae’s raised portions of Chae’s arms (perimeter elements for 504,506; Figure 5 - Applicant’s 104; Figure 2) are removable, as claimed by claim 4
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention for Chae to process larger sized wafers at optimal placement as taught by Chae and/or Krotov at optimized apparatus dimension(s).
Motivation for Chae to process larger sized wafers at optimal placement and at optimized apparatus dimension(s) is for accommodating wafers of larger size as taught by Chae ([0052]) and Krotov ([0051]-[0052]). It is well established that changes in apparatus dimensions are within the level of ordinary skill in the art.(Gardner v. TEC Systems, Inc. , 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied , 469 U.S. 830, 225 USPQ 232 (1984); In re Rose , 220 F.2d 459, 105 USPQ 237 (CCPA 1955); In re Rinehart, 531 F.2d 1048, 189 USPQ 143 (CCPA 1976); See MPEP 2144.04).
Response to Arguments
Applicant's arguments filed December 11, 2025 have been fully considered but they are not persuasive.
Applicant states:
“
With respect to the objection to the drawings, Applicant respectfully submits that the present amendment to Claim 1, renders this ground of objection moot since the claim now recites “empty parts located within the frame are arranged around the solid holding surface and said arms, so that when the substrate is placed on the holding surface, said empty spaces are arranged in front of said edges of the main face of the substrate.” Notwithstanding, if the Examiner still believes that the “edges” in the claim are not shown in the drawings, they are clearly shown in Fig. 3. The below annotated set of figures shows the relationship between Figs. 3, 5, and 6 for further clarification, where the edges correspond to element 105.
“
In response, the Examiner maintains his grounds of objection. It is not “edges” that are objected to, it is the claimed “…so that edges of the main face of the substrate are not in contact with the solid holding surface…” that is objected.
Applicant states:
“
However, the wafter carrier 500 is shown to be one continuous solid element with pockets formed throughout. There are no “arms” shown in Chae, and there are clearly no empty parts in the wafer carrier. Applicant submits that these empty parts allow the material to pass through, which is then deposited only on the edges of the substrate’s main face.
“
In response, the pending claims do not exclude “one continuous solid element with pockets formed throughout”. Further, applying BRI, the claimed invention supports the Examiner’s assignments for the claimed arms (perimeter elements for 504,506; Figure 5) when Applicant’s own “arms” are Applicant’s 104; Figure 2. Further, applying BRI, the claimed invention supports the Examiner’s assignments for the claimed empty parts (504, 506; Figure 5) when Applicant’s own “empty parts” are not shown.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Wafer support structure include US 20070186853 A1; US 20040233608 A1; US 20220352006 A1; US 6017581 A; US 5761023 A; US 5155652 A; US 7623334 B2; US 11004716 B2; US 7607647 B2; US 5548470 A
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 Examiner Rudy Zervigon whose telephone number is (571) 272- 1442. The examiner can normally be reached on a Monday through Thursday schedule from 8am through 6pm EST. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Any Inquiry of a general nature or relating to the status of this application or proceeding should be directed to the Chemical and Materials Engineering art unit receptionist at (571) 272-1700. If the examiner cannot be reached please contact the examiner's supervisor, Parviz Hassanzadeh, at (571) 272- 1435.
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:/Awww.uspto.gov/interviewpractice.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or (571) 272-1000.
/Rudy Zervigon/ Primary Examiner, Art Unit 1716
Prosecution Insights