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 .
Response to Arguments
Applicant's arguments filed 11/21/2025 have been fully considered but they are not persuasive.
In regards to claim 1, Applicant states that the prior art does not teach a wafer transfer device formed of a material having low thermal deformation and wherein the heated wafer is cooled outside the chamber while another wafer is loaded into the chamber. MPEP 2111 states the claim must be given its broadest reasonable interpretation consistent with the speciation. As explained below, Nakano teaches that is known in the art that arms used for transferring wafers are made of a material having low thermal deformation. Furthermore, the Examiner has also explained below that paragraphs [0066-0067] of Suk states that the heated wafer is unloaded and then a cleaning process is performed in order to remove completely any desorbed material to improve efficiency of following or subsequent analyses; therefore, the heated wafer would cool down during the time another wafer is inserted for following or subsequent analyses. Therefore, the combination of Suk, Tahara and Nakano does teach the claim limitations of claim 1 and the 103 rejection is deemed proper.
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 1-15 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.
The term “low thermal deformation” in claim 1 is a relative term which renders the claim indefinite. The term “low thermal deformation” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. It is unclear what sort of material has a “low thermal deformation”. For examination purposes and as best understood, the Examiner will interpret the combination of Suk, Tahara and Nakano “low thermal deformation” as any sort of material used for a wafer transfer device.
Claims 2-15 are also rejected due to dependency on claim 1.
Claim 1 states “wherein the heated wafer is cooled outside the chamber while another wafer is loaded into the chamber”. However, claim 1 is directed to an apparatus, not a process. A single claim which claims both an apparatus and the method steps of using the apparatus is indefinite because it creates confusion as to when direct infringement occurs. It is unclear whether the infringement occurs when one creates the system that allows the wafer to be analyzed or whether infringement occurs when the wafer is cooled while another wafer is loaded into the system.
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 1-4 and 7-15 are rejected under 35 U.S.C. 103 as being unpatentable over Suk et al. (US 2018/0045697; hereinafter “Suk”; cited in the IDS filed on 04/29/2024) in view of Tahara et al. (US 2008/0179006; hereinafter “Tahara”) in further view of Nakano et al. (US 5,482,524; hereinafter “Nakano”; previously relied upon by the Examiner).
Regarding claim 1, Suk teaches a thermal desorption analysis automation system (Figure 7; [0048-0049]) collecting and analyzing contaminants ([0034, 0036-0038, 0063-0064]), comprising:
a chamber (110 and 120; Figure 7; [0018]) that provides a space for heating a wafer (wafter ‘W’ is heated within space ‘S2’, where ‘S2’ is located within chamber 110/120; Figure 7);
a heating device (130; [0023-0024, 0057]) that includes a heater ([0023-0024, 0057]) disposed inside the chamber (See Figure 7) and dissipating heat ([0023-0024, 0057]);
an analysis device (160; Figure 7; [0034, 0036-0038, 0063-0064]) that is connected to a sampling port (162; Figure 7) connected to the inside of the chamber (See Figure 7) and analyzes the contaminants sucked into the sampling port ([0034, 0036-0038, 0063-0064]);
wherein the heated wafer is cooled outside the chamber while another wafer is loaded into the chamber (paragraphs [0066-0067] states that the heated wafer is unloaded and then a cleaning process is performed in order to remove completely any desorbed material to improve efficiency of following or subsequent analyses; therefore, the heated wafer would cool down during the time another wafer is inserted for following or subsequent analyses).
Suk teaches the wafer placed within the chamber but does not expressly teach a wafer transfer device that is provided with an arm formed of a material having low thermal deformation; and a control unit that controls the wafer transfer device to insert the wafer into the chamber and transfer the wafer inside the chamber to the outside.
However, Tahara teaches a wafer transfer device (12; Figures 3-4) that is provided with an arm ([0029, 0044-0046]); and a control unit (unit that controls the arm 12 to move in and out the wafer ‘W’ from the chamber 13; Figures 1-2; [0048]) that controls the wafer transfer device (12) to insert the wafer into the chamber ([0048]) and transfer the wafer inside the chamber to the outside ([0048]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have Tahara’s control unit and wafer transfer device implemented to move Suk’s wafer inside and outside of the chamber in order to precisely move the wafer ‘W’ in an automated manner where human intervention is not needed; since human intervention is not needed, this reduces human prone error and the chances of damaging the wafer ‘W’.
The combination of Suk and Tahara teaches the arm but does not expressly teach the arm formed of a material having low thermal deformation.
However, Nakano teaches that is known in the art that arms (11; Figure 1; Column 6, Lines 1-11) used for transferring wafers are made of a material having low thermal deformation (ceramic; Column 6, Lines 1-11).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have Nakano’s low thermal deformation material used as the material of Suk and Tahara’s arm in order for the arm to endure high temperature (See Nakano Column 6, Lines 1-11).
Note: the newly added product-by-process claim limitation to independent product/apparatus claim 1 of "wherein the heated wafer is cooled outside the chamber while another wafer is loaded into the chamber" is not given any patentable weight because even though product- by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. See MPEP 2113, Section I and In re Thorpe, 77 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985). Therefore, said limitation need not be taught by the prior art.
Regarding claim 2, Suk teaches a cover (206; Figure 7) that is disposed inside the chamber (110/120; See Figure 7) and spaced apart from an inner surface of the chamber (element 206 is spaced apart from an upper inner surface of the chamber 110/120; See Figure 7); and a chuck (204; Figure 7) that is disposed facing the cover (element 204 faces the cover 206; Figure 7), wherein a disposition space (‘S2’; Figure 7) in which a wafer (wafer ‘W’; Figure 7) is disposed is formed between the cover and the chuck (wafer ‘W’ is disposed in space ‘S2’ created by cover 206 and chuck 204).
The combination of Suk, Tahara and Nakano teaches the cover and the chuck but does not expressly teach the cover is spaced apart from the inner surface of the chamber by a coupling member fixed to the chamber; the chuck moves up and down by a driving unit connected to the chamber.
However, Tahara teaches the cover (35; Figures 3-4) is spaced apart from the inner surface of the chamber (31; Figures 3-4) by a coupling member fixed to the chamber (elements 39 couple the cover 35 to the inner upper surface of chamber 31; Figures 3-4); the chuck (34; Figures 3-4) moves up and down by a driving unit ([0055-0058]; Figures 3-4) connected to the chamber (31; [0055-0058]; Figures 3-4).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have Tahara’s coupling member and associated structure along with the driving unit and associated structure implemented on Suk, Tahara and Nakano’s system in order to open the space where the wafer ‘W’ is located within the chamber in an automated manner where human intervention is not needed; since human intervention is not needed, this reduces human prone error and the chances of damaging the wafer ‘W’ when being moved within the system.
Regarding claim 3, the combination of Suk, Tahara and Nakano teaches a load pin (36; [0056, 0058]; Figures 3-4: Tahara) that has one end formed between the cover and the chuck (pin 36 has one end formed between the cover 35 and the chuck 34; Figures 3-4: Tahara) and has the wafer disposed thereon (the wafer ‘W’ is disposed on the pin 36; [0064; Figures 3-4]: Tahara), wherein the other end of the load pin (36: Tahara) is disposed to penetrate through a through hole (hole of chuck 34 through which pin 36 passes through; Figures 3-4: Tahara) formed in the chuck to be coupled to or in contact with the inner surface of the chamber (the pin 36 much be connected to the lower inner surface of the chamber 31 in order to maintain the wafer ‘W’ in place for purposes of the arm 12 to move the wafer ‘W’ in and out; See Figure 3-4: Tahara).
Regarding claim 4, the combination of Suk, Tahara and Nakano teaches wherein the load pin (36: Tahara) is disposed to penetrate through the chuck (34; See Figures 3-4: Tahara), and a cross-sectional area of an end portion of the load pin (36: Tahara) contacting the wafer (wafer ‘W’: Tahara) is formed larger than that of the through hole (the upper portion of pin 36 has a cross section that contacts the wafer ‘W’ and the cross section is larger than the through hole of chuck 34; Figure 3-4: Tahara), and the end portion blocks the through hole by movement of the chuck (the end portion of pin 36 blocks the through hole of the chuck 34 by the upper movement of the chuck 34; See Figure 3: Tahara).
Regarding claim 7, the combination of Suk, Tahara and Nakano teaches one or more gas ports (154; Figure 7: Suk) that are disposed to penetrate through the chamber (110/120; See Figure 7: Suk) and inject an inert gas ([0033, 0049-0050]: Suk and [0068]: Tahara) into the chamber (110/120; See Figure 7: Suk and [0068]: Tahara).
Regarding claim 8, the combination of Suk, Tahara and Nakano teaches the one or more gas ports but does not expressly teach the one or more gas ports are disposed between the cover and chuck.
However, one of ordinary skill in the art would have the requisite skill to modify the placement of the one or more gas ports relative to the cover and chuck, including having the one or more gas ports disposed between the cover and chuck, since the placement of the gas port would not change the operation of the system.
Furthermore, the courts have ruled that the position of a claimed structure is held unpatentable because shifting the position of said claimed structure would not modify the operation of the device (See MPEP 2144.04, Section VI, Subsection C).
Regarding claim 9, Suk teaches wherein the sampling port (162; Figure 7) is connected to the analysis device (160; Figure 7) by a conduit (162; Figure 7).
The combination of Suk, Tahara and Nakano teaches the conduit but does not expressly teach the conduit includes a heating element that dissipates heat, and the heating element and the conduit are connected to the control unit, and a temperature of the conduit is controlled to a set temperature.
However, Nakano teaches the conduit (5A; Figure 9) includes a heating element (55; Figure 9) that dissipates heat (Column 12, Lines 1-37), and the heating element (55) and the conduit (5a) are connected to the control unit (portion of the system that controls the heater to designated heat in order for preventing impurities that have been desorbed from sticking to the inner surface of the pipe 5A; Column 12, Lines 1-37), and a temperature of the conduit is controlled to a set temperature (heat is controlled in order to reach a designated heat and thus preventing impurities that have been desorbed from sticking to the inner surface of the pipe 5A; Column 12, Lines 1-37).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have Nakano’s heating element connected to the combination of Suk, Tahara and Nakano’s conduit in order for preventing impurities that have been desorbed from sticking to the inner surface of the pipe 5A; Column 12, Lines 1-37.
Regarding claim 10, Suk teaches wherein the analysis device (160; Figure 7; [0034, 0036-0038, 0063-0064]) includes a method of collecting contaminants in a solution and then analyzing the contaminants using chemical, physical, and electrical properties of the contaminants (API mas spectroscopy; [0038]), a method of analyzing contaminants using light absorption and emission characteristics of the contaminants (integrated cavity output spectroscopy; [0038]), a method of ionizing and analyzing contaminants (residual gas analyzer and /or API mas spectroscopy; [0038]), and a method of reacting an ionized material with contaminants and analyzing the contaminants (residual gas analyzer and /or API mas spectroscopy; [0038]).
Regarding claim 11, the combination of Suk, Tahara and Nakano teaches a thermal desorption analysis automation method ([0056-0067]: Suk) using the TD analysis automation system of claim 1 (See the rejection of claim 1 above), comprising: a wafer loading step of inserting, by a wafer transfer device (12; Figures 3-4; [0029, 0044-0046,0048]: Tahara), a wafer (‘W’: Suk and ‘W’: Tahara) into a chamber (110/120: Suk and 13: Tahara) through a predetermined movement ([0029, 0044-0046,0048]: Tahara) and loading the wafer (‘W’: Suk and ‘W’: Tahara) on one end of a load pin (300; Figure 7; [0056-0057]: Suk and 36; Figure 3-4; [0029, 0044-0046,0048]: Tahara); a heating preparation step of moving, by a driving unit (driving unit that drives element 33 up and down; Figures 3-4: Tahara) connected to the chamber (31; Figures 3-4: Tahara), a chuck (204: Suk and 34: Tahara) and disposing the chuck (204: Suk and 34: Tahara) close to a cover (206: Suk and 35: Tahara) spaced apart from an inner surface of the chamber (the cover 35 is spaced apart from an upper inner surface of the chamber 31; Figures 3-4: Tahara); a wafer heating step of heating ([0036-0037, 0046, 0063-0064]: Suk), by a heater (130: Figure 7: Suk and [0055-0058]: Tahara) disposed in the chamber (110/120: Suk and 31: Tahara), the wafer (‘W’: Suk) to desorb the contaminants ([0061-0064]: Suk); a sampling step of discharging the contaminants desorbed by the heating ([0036-0037, 0046, 0063-0064]: Suk) through a sampling port (162; Figure 7: Suk) disposed to penetrate through the cover (110/120; Figure 7: Suk); and an analysis step of analyzing, by the analysis device (160; Figure 7: Suk), the sampled contaminants ([0034, 0036-0038, 0063-0064]: Suk).
Regarding claim 12, the combination of Suk, Tahara and Nakano teaches wherein, in the wafer heating step ([0036-0037, 0046, 0063-0064]: Suk), a temperature of the heater is controlled by measuring a temperature of the wafer in real time ([0023-0024, 0027, 0042, 0061-0067]).
Regarding claim 13, the combination of Suk, Tahara and Nakano teaches after the sampling step ([0036-0037, 0046, 0063-0064]: Suk), a ventilation step of supplying an inert gas into the chamber ([0068]: Tahara) and discharging an internal gas through an outlet ([0051, 0065]: Suk) formed in the chamber (110/120: Suk).
Regarding claim 14, the combination of Suk, Tahara and Nakano teaches the chamber but does not expressly teach after the analysis step, a wafer replacement step of transferring, by a wafer transfer device, the sampled wafer to the outside of the chamber, and loading another wafer, wherein the wafer replacement step includes a cooling step of transferring the heated wafer to the outside of the chamber and waiting outside the chamber for a predetermined time so that the heated wafer is naturally cooled.
However, Nakano teaches after the analysis step (Column 12, Lines 28-34; Column 12, Line 60 – Column 13, Line 2), a wafer replacement step of transferring, by a wafer transfer device (11; Figure 7), the sampled wafer (first wafer 18; Figure 9) to the outside of the chamber (Column 12, Line 47 – Column 13, Line 8), and loading another wafer (Second wafer 18; Column 13, Lines 3-9), wherein the wafer replacement step includes a cooling step of transferring the heated wafer (first wafer 18) to the outside of the chamber (to reserve room 10; Column 12, Lines 28-34; Column 12, Line 60 – Column 13, Line 2) and waiting outside the chamber for a predetermined time so that the heated wafer is naturally cooled (since reserve room is not heated, the first wafer 18 will cool down naturally; Column 12, Lines 28-34; Column 12, Line 60 – Column 13, Line 2).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have Nakano’s wafer transfer step and cooling step implemented to Suk, Tahara and Nakano’s method in order to continue automated wafer analysis along with permitting the heater wafer to decrease in heat naturally.
Regarding claim 15, the combination of Suk, Tahara and Nakano teaches the chamber but does not expressly teach after the analysis step, a wafer replacement step of transferring, by the wafer transfer device, the sampled wafer to the outside of the chamber and loading another wafer, wherein the wafer replacement step includes a cooling step of transferring the heated wafer to a cooling chamber disposed outside the chamber, and while the wafer is being cooled, another wafer is transferred into the heating device and analyzed.
However, Nakano teaches after the analysis step (Column 12, Lines 28-34; Column 12, Line 60 – Column 13, Line 2), a wafer replacement step of transferring, by the wafer transfer device (11; Figure 7), the sampled wafer (first wafer 18; Figure 9) to the outside of the chamber (Column 12, Line 47 – Column 13, Line 8) and loading another wafer (Second wafer 18; Column 13, Lines 3-9), wherein the wafer replacement step includes a cooling step of transferring the heated wafer (first wafer 18) to a cooling chamber disposed outside the chamber (to reserve room 10; Column 12, Lines 28-34; Column 12, Line 60 – Column 13, Line 2), and while the wafer is being cooled (when the first wafer 18 is located in reserve room 10), another wafer (second wafer 18) is transferred into the heating device and analyzed (Column 12, Lines 28-34; Column 12, Line 60 – Column 13, Line 2).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have Nakano’s wafer transfer step and cooling step implemented to Suk, Tahara and Nakano’s method in order to continue automated wafer analysis along with permitting the heater wafer to decrease in heat naturally simultaneously, this reduces the amount of time needed to operate the system.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over the combination of Suk, Tahara and Nakano in further view of Saeki (US 5,223,001).
Regarding claim 5, the combination of Suk, Tahara and Nakano teaches the driving unit being driven ([0055-0058]; Figures 3-4).
The combination of Suk and Tahara teaches the driving unit but does not expressly teach the driving unit disposed to penetrate through the chamber and is driven by being connected to an external device disposed outside the chamber.
However, Saeki teaches the driving unit (6; Figure 1; Column 4, Lines 48-68) disposed to penetrate through the chamber (1; Figure 1; Column 4, Lines 48-68) and is driven by being connected to an external device (20; Column 4, Lines 48-68) disposed outside the chamber (Figure 1; Column 4, Lines 48-68).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have Saeki’s driving unit penetrating through Suk, Tahara and Nakano’s chamber along with the external device disposed outside the chamber to drive the driving unit in order to have access to the external device in the event the that the external device is damaged and needs fix or replacement, this eases maintenance of the system.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over the combination of Suk, Tahara and Nakano in further view of Rogelstad (US 6,602,348).
Regarding claim 6, the combination of Suk, Tahara and Nakano teaches the chamber but does not expressly teach wherein the chamber includes a cooling member disposed in an inside and outside an outer wall.
However, Rogelstad teaches wherein the chamber (36; Figures 2, 2A and 3-6) includes a cooling member (56, 58 and 60) disposed in an inside and outside an outer wall (bottom wall of chamber 36; Figures 2, 2A and 3-6).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have Rogelstad’s cooling member disposed in an inside and outside an outer wall of Suk, Tahara and Nakano’s in order to preserve the integrity of the wafer after being heated (See Rogelstad Column 1, Lines 25-48).
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANTHONY W MEGNA FUENTES whose telephone number is (571)272-6456. The examiner can normally be reached M-F: 8AM-4PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Laura Martin can be reached at 571-272-2160. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ANTHONY W MEGNA FUENTES/Examiner, Art Unit 2855
/LAURA MARTIN/SPE, Art Unit 2855