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
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Election/Restrictions
Applicant’s election without traverse of Invention I, Species I (claims 1-11) in the reply filed on 03/19/2026 is acknowledged.
Claims 12-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Invention II and Species II, III, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 03/19/2026.
Applicant is reminded that upon the cancelation of claims to a non-elected invention, the inventorship must be corrected in compliance with 37 CFR 1.48(a) if one or more of the currently named inventors is no longer an inventor of at least one claim remaining in the application. A request to correct inventorship under 37 CFR 1.48(a) must be accompanied by an application data sheet in accordance with 37 CFR 1.76 that identifies each inventor by his or her legal name and by the processing fee required under 37 CFR 1.17(i).
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
Support pin moving part (cylinder, electromagnet, or linear movement guide, para. [0072]) in at least claims 5.
Driving part (ball screw and motor, para. [0074]) in at least claims 10-11.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
This application includes one or more claim limitations that use the word “means” or “step” but are nonetheless not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph because the claim limitation(s) recite(s) sufficient structure, materials, or acts to entirely perform the recited function. Such claim limitation(s) is/are:
Light source part (something that emits light, para. [0058-0059]) in claims 1-11.
Because this/these claim limitation(s) is/are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are not being interpreted to cover only the corresponding structure, material, or acts described in the specification as performing the claimed function, and equivalents thereof.
If applicant intends to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to remove the structure, materials, or acts that performs the claimed function; or (2) present a sufficient showing that the claim limitation(s) does/do not recite sufficient structure, materials, or acts to perform the claimed function.
Claim Rejections - 35 USC § 103
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.
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.
Claim(s) 1-4, 6, 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 20100212832 to Wakasaki in view of US 20200009597 to Ko, and further in view of US 20210301402 to Suzuki.
Claim 1: Wakasaki discloses an exposure apparatus comprising: a stage (2 [electrode stage], Fig. 1) on which a target substrate (4 [substrate]) is loaded and in which a plurality of holes (26 [cylindrical holes], Fig. 4) are defined (para. [0084]); and a plurality of support pins (7 [lift pin mechanism]) disposed to penetrate the plurality of holes (26) and supporting the target substrate (4),
wherein the plurality of support pins (7) include: a fixed support pin (28 [fixed type lift pins]) whose position is fixed in a plan view (Fig. 2, 4) and a first variable support pin (20 [spring type lift pins]); and wherein the plurality of holes (7) include: a pair of first holes (7) penetrated by the fixed support pin (26) and arranged side by side at a predetermined interval along the first direction (Fig. 2); and a second hole (middle 7’s) penetrated by the first variable support pin (20) and disposed between the pair of first holes (Fig. 2).
However Wakasaki does not disclose (claim 1) a light source part, which radiates light to the stage; and a first variable support pin configured to reciprocate in a first direction; (claim 2) wherein the target substrate includes an active area in which a plurality of cells are disposed and a non-active area surrounding the active area, and wherein the plurality of support pins are configured to support the target substrate, and contact a lower surface of the target substrate while being spaced apart from the active area in the plan view;
(claim 3) wherein the plurality of support pins are configured to support the target substrate, and contact the lower surface of the target substrate while overlapping the non-active area in the plan view; (claim 4) wherein the target substrate includes: a base substrate; and a monomer layer disposed on the base substrate and including a monomer; (claim 6) wherein the second hole is provided in plural, and wherein the plurality of second holes extend in a second direction crossing the first direction and are arranged side by side along the first direction.
Ko discloses (claim 1) a light source part (910 ultraviolet light sources], Fig. 8A), which radiates light to the stage (920 [chuck], para. [0114-0124]); (claim 2) wherein the target substrate (4000 [substrate], Fig. 15A) includes an active area (“active regions”) in which a plurality of cells (active regions) are disposed and a non-active area (periphery regions]) surrounding the active area (para. [0087]), and wherein the plurality of support pins (2224A [pins]) are configured to support the target substrate (4000), and contact a lower surface of the target substrate (4000) while being spaced apart from the active area in the plan view (Fig. 15A);
(claim 3) wherein the plurality of support pins (2224) are configured to support the target substrate (4000), and contact the lower surface of the target substrate (4000) while overlapping the non-active area (periphery regions between active regions and at edge) in the plan view (Fig. 15A, para. [0087]); (claim 4) wherein the target substrate (4000) includes: a base substrate (“substrate”); and a monomer layer (“monomer”) disposed on the base substrate and including a monomer (para. [0088]); (claim 6) and wherein the plurality of second holes (holes of 2224) extend in a second direction crossing the first direction (Fig. 15A) and are arranged side by side along the first direction (Fig. 15A). Ko discloses these limitations for the purpose of offering a highly uniform coating to all of the substrate area, and can be used productively (para. [0087]).
It is noted that the limitations drawn to the target substrate are recitations that tie the structure of the apparatus to a substrate that may be worked upon by the apparatus, but is notably not part of the apparatus; and therefore cannot be used to define over the prior art apparatus. The courts have held that inclusion of material or article worked upon by a structure being claimed does not impart patentability to the claims. MPEP 2115.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to incorporate the limitations above as taught by Ko with motivation to offer a highly uniform coating to all of the substrate area, and can be used productively.
Suzuki discloses (claim 1) and the first variable support pin (2 [lifter pins]) configured to reciprocate in a first direction (para. [0024]); (claim 6) wherein the second hole (2a [pin holes]) is provided in plural (para. [0022]), for the purpose of forming a film on the rear surface of the wafer without causing warp due to the stress of the films in another step subsequent to the film formation on the front (para. [0015]).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to incorporate the limitations above as taught by Suzuki with motivation to form a film on the rear surface of the wafer without causing warp due to the stress of the films in another step subsequent to the film formation on the front.
Claim 10: The apparatus of Wakasaki in view of Ko, Suzuki discloses further comprising: a driving part (83/82, Fig. 1, Suzuki), which reciprocates the first variable support pin (2) in the first direction (para. [0024]).
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wakasaki in view of Ko, Suzuki as applied to claims 1-4, 6, 10 above, and further in view of US 20210313547 to Park.
Claim 5: The apparatus of Wakasaki in view of Ko, Suzuki does not disclose further comprising: a support pin moving part, which lifts or lowers the plurality of support pins.
Park discloses further comprising: a support pin moving part (AP [support pin adjustment portion], Fig. 9), which lifts or lowers the plurality of support pins (para. [0086]) for the purpose of adjusting the location of the support pins so that the substrate can be placed on or off a robot arm to be transferred or processed (para. [0085]).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to incorporate the limitation above as taught by Park with motivation to adjust the location of the support pins so that the substrate can be placed on or off a robot arm to be transferred or processed.
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wakasaki in view of Ko, Suzuki as applied to claims 1-4, 6, 10 above, and further in view of US 20220130702 to Kawawa.
Claim 11: The apparatus of Wakasaki in view of Ko, Suzuki does not disclose wherein the driving part includes: a ball screw rotatably coupled to a side surface of a pin frame accommodating the first variable support pin; and a motor coupled to the ball screw and, which rotates the ball screw.
Kawawa discloses wherein the driving part (54 [driving mechanism], Fig. 1) includes: a ball screw (56 [ball screw mechanism]) rotatably coupled to a side surface of a pin frame (side surface of 59 [movable member]) accommodating the first variable support pin (51/52); and a motor (55 motor]) coupled to the ball screw (56) and, which rotates the ball screw (para. [0036]) for the purpose of adjusting the contact position of a lift pin with the substrate for placement (abstract).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to incorporate the limitations above as taught by Kawawa with motivation to adjust the contact position of a lift pin with the substrate for placement.
Claims 12-20: (Withdrawn).
Allowable Subject Matter
Claims 7-9 are objected to as being dependent upon a rejected independent claim, but would be allowable if rewritten into the independent claim including all of the limitations of the independent claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 20050176252 discloses support pins (410, Fig. 4B) possess a horizontal motion component, which permits the transfer device to transfer the wafer from the upper load platform to the lower load platform or vice versa without retraction and extension (e.g., translation) of the wafer transfer robot (para. [0060]).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Charlee J. C. Bennett whose telephone number is (571)270-7972. The examiner can normally be reached M-Th 10am-6pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Gordon Baldwin can be reached at 5712725166. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Charlee J. C. Bennett/Primary Examiner, Art Unit 1718
Prosecution Insights