Prosecution Insights
Last updated: April 19, 2026
Application No. 18/164,003

METHOD AND APPARATUS FOR PROCESSING SUBSTRATE

Final Rejection §102§103
Filed
Feb 03, 2023
Examiner
MYERS, KEITH STANLEY
Art Unit
3763
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Tokyo Electron Limited
OA Round
2 (Final)
50%
Grant Probability
Moderate
3-4
OA Rounds
3y 3m
To Grant
73%
With Interview

Examiner Intelligence

Grants 50% of resolved cases
50%
Career Allow Rate
50 granted / 99 resolved
-19.5% vs TC avg
Strong +22% interview lift
Without
With
+22.2%
Interview Lift
resolved cases with interview
Typical timeline
3y 3m
Avg Prosecution
39 currently pending
Career history
138
Total Applications
across all art units

Statute-Specific Performance

§101
0.1%
-39.9% vs TC avg
§103
57.9%
+17.9% vs TC avg
§102
15.4%
-24.6% vs TC avg
§112
25.6%
-14.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 99 resolved cases

Office Action

§102 §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 . Status This Office Action is in response to the remarks and amendments filed 06/10/2025. Claims 2, 6, 13 and 18 have been canceled. Claims 1, 3-5, 7-12, 14-17 and 19-20 remain pending for consideration on the merits. 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: A mechanism configured to bring the stage and the cooler into contact with each other and move the stage and cooler away from each other in at least claim 12 A rotation mechanism configured to rotate the stage in at least claim 12 A means configured to raise a temperature of the stage in at least claim 12 A processing mechanism configured to process the substrate in at least claim 12 A heating means configured to heat the stage in at least claim 14 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. A review of the specification show that the following appears to be the corresponding structure described in the specification for the 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph limitation: A mechanism configured to bring the stage and the cooler into contact with each other and move the stage and cooler away from each other appears to be described as an elevator in at least ¶ 0048 of the specification A rotation mechanism configured to rotate the stage appears to be described as a rotational driver in at least ¶ 0032 of the specification A means configured to raise a temperature of the stage appears to be described as a heating means and/or by moving the stage away from the cooler in at least ¶ 0076 A processing mechanism configured to process the substrate appears to be described as a sputtering apparatus that performs PVD (physical vapor deposition) film formation on the substrate W in at least ¶ 0020 of the specification A heating means configured to heat the stage appears to be described as a heater or the like in at least ¶ 0063 of the specification 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. Claim Rejections - 35 USC § 102 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 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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claims 1-2 and 5-11 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Nakagawasai et al. (KR 20200047386 A, hereinafter “Nakagawasai”). Regarding Claim 1, Nakagawasai teaches a method of cooling a substrate by bringing a cooler [54] into direct contact with a stage [56] on which the substrate is placed [¶ 0039-0040; Fig. 3b; heat transfer sections 54 and 56 are brought into contact while the stage is not rotating to increase the heat transfer during this period], and processing the substrate while rotating the stage in a state in which the cooler is moved away from the stage [¶ 0095-0097; there exists a gap G between heat transfer part 56c and the stage and part 54b of the heat transfer body at the time of rotation], the method comprising: cooling the cooler to a target temperature [¶ 0021; (i.e. -30 degrees C)] in a state in which the stage [56] is brought into direct contact with the cooler [54], and cooling the stage to an initial cooling temperature [¶ 0021, 0025; cooled to a cryogenic state]; raising a temperature of the stage [¶ 0040-0042; removing contact between the active cooler and the stage necessarily causes the temperature of the stage to rise]; controlling the temperature of the stage to a steady cooling temperature when the temperature of the stage reaches the steady cooling temperature [¶ 0098; the surface of the wafer W is held in a cryogenic state]; and placing the substrate on the stage kept at the steady cooling temperature, and continuously performing a substrate processing on a plurality of substrates while rotating the stage in a state in which the stage is moved away from the cooler [¶ 0098; the wafer W is rotated as molecules of the sputtered target material deposit on the wafer to form a film], wherein the raising the temperature of the stage is performed by moving the cooler away from the stage [¶ 0039-0042; Figs. 3a-3b; removing contact between the active cooler and the stage necessarily causes the temperature of the stage to rise, as sections 56 and 54 are no longer in contact to perform increased rapid cooling; thus, the temperature of the stage 56 is commonsensically higher when not in contact with 54 (i.e. moving away), relative to the stage wherein they are in contact to perform rapid cooling]. Claim 2 canceled Regarding Claim 5, Nakagawasai teaches a method of cooling a substrate by bringing a cooler into direct contact with a stage on which the substrate is placed [¶ 0039-0040; Fig. 3b; heat transfer sections 54 and 56 are brought into contact while the stage is not rotating to increase the heat transfer during this period], and processing the substrate while rotating the stage in a state in which the cooler is moved away from the stage [¶ 0095-0097; there exists a gap G between heat transfer part 56c and the stage and part 54b of the heat transfer body at the time of rotation], the method comprising: cooling the stage by the cooler in a state in which the stage is brought into direct contact with the cooler [¶ 0039-0040; Fig. 3b; heat transfer sections 54 and 56 are brought into contact while the stage is not rotating to increase the heat transfer during this period]; controlling a temperature of the stage to a steady cooling temperature when the temperature of the stage reaches the steady cooling temperature [¶ 0095-0096; in the processing position, the stage is being efficiently cooled by the refrigerator 52 being held at cryogenic temperature via helium gas within the gap G between the stage 56 and the heat transfer body 54]; detecting that a temperature of the cooler has reached a target temperature, in a state in which the temperature of the stage is controlled [¶ 0062, ¶ 0096; Nakagawasai teaches that the stage apparatus 50 may have a plurality of temperature sensors and that the temperature of the stage is maintained at cryogenic temperatures]; and placing the substrate on the stage kept at the steady cooling temperature, and continuously performing a substrate processing on a plurality of substrates while rotating the stage in a state in which the stage is moved away from the cooler [¶ 0095-0098; while raised and being cooled, the stage rotates while sputter gas is introduced into the vacuum container to form the desired film], wherein the controlling the temperature of the stage to the steady cooling temperature is performed by bringing the stage and the cooler into contact with each other and moving the stage and the cooler away from each other [¶ 0039-0040; Fig. 3b; heat transfer sections 54 and 56 are brought into contact while the stage is not rotating to increase the heat transfer during this period] based on the temperature of the stage detected by a temperature measurement mechanism [¶ 0024; the temperature of the stage is brought to cryogenic temperatures specifically]. Claim 6 canceled Regarding Claim 7, Nakagawasai teaches the method of Claim 5 and Nakagawasai teaches wherein the cooler includes a refrigerator [52] provided below the stage [56] [Fig. 1; apparent from inspection], and a cold link [54] configured to transfer cold heat from the refrigerator to the stage [¶ 0021; refrigerator 52 contacts element 54 to cool the stage 56]. Regarding Claim 8, Nakagawasai teaches the method of Claim 7 above and Nakagawasai teaches wherein the substrate processing is a sputtering film formation in which the stage is arranged inside a vacuum container and particles sputtered from a target arranged above the stage inside the vacuum container are deposited on the substrate in a vacuum state [¶ 0098; sputter gas is introduced into the vacuum container 10 towards target 30, wherein atoms from the target deposit on the surface of the wafer W held at cryogenic temperatures to form a desired film]. Regarding Claim 9, Nakagawasai teaches the method of Claim 1 above and Nakagawasai teaches wherein the controlling the temperature of the stage to the steady cooling temperature is performed by bringing the stage and the cooler into contact with each other [¶ 0039-0040; Fig. 3b; heat transfer sections 54 and 56 are brought into contact while the stage is not rotating to increase the heat transfer during this period] and moving the stage and the cooler away from each other based on the temperature of the stage detected by a temperature measurement mechanism [¶ 0024, 0062; the stage apparatus 50 may have a plurality of temperature sensors and the temperature of the stage is brought to cryogenic temperatures specifically] [¶ 0093-0095; once the stage reaches cryogenic temperatures the device necessarily moves away from the cooler in order to rotate]. Regarding Claim 10, Nakagawasai teaches the method of Claim 1 above and Nakagawasai teaches wherein the cooler includes a refrigerator [52] provided below the stage [Fig. 1; apparent from inspection], and a cold link [54] configured to transfer cold heat from the refrigerator to the stage [¶ 0021; refrigerator 52 contacts element 54 to cool the stage 56]. Regarding Claim 11, Nakagawasai teaches the method of Claim 1 above and Nakagawasai teaches wherein the substrate processing is a sputtering film formation in which the stage is arranged inside a vacuum container and particles sputtered from a target arranged above the stage inside the vacuum container are deposited on the substrate in a vacuum state [¶ 0098; sputter gas is introduced into the vacuum container 10 towards target 30, wherein atoms from the target deposit on the surface of the wafer W held at cryogenic temperatures to form a desired film]. 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. Claims 3-4 are rejected under 35 U.S.C. 103 as being unpatentable over Nakagawasai as applied to claim 1 above, and further in view of Hatano et al. (JP 2020190019 A, hereinafter “Hatano”). Regarding Claim 3, Nakagawasai teaches the method of Claim 1 above but Nakagawasai does not explicitly teach wherein the temperature of the stage is further raised by heating the stage with a heater. However, Hatano teaches a stage device and processing apparatus [1; Fig. 1], wherein the device comprises a stage [52] with a heater [63] embedded in the stage to heat the stage [¶ 0016]. Hatano further teaches that providing a heater also allows the benefit of returning the stage to room temperature more quickly, thus stating that providing a heater improves the heating efficiency and improves the system [¶ 0022]. One of ordinary skill in the art could have combined the heater as claimed by known methods/techniques and that in combination, the heater would perform the same function as it did separately and one of ordinary skills would have recognized that the results of the combination were predictable i.e. providing a heater also allows the benefit of returning the stage to room temperature more quickly, thus stating that providing a heater improves the heating efficiency and improves the system [¶ 0022]. Therefore, it is a simple mechanical expedient that would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the assembly of Nakagawasai to have wherein the raising the temperature of the stage is performed by heating the stage with a heater, in view of the teachings of Hatano where the elements could have been combined by known methods with no change in their respective function and the combination would have yielded predictable results i.e. providing a heater also allows the benefit of returning the stage to room temperature more quickly, thus stating that providing a heater improves the heating efficiency and improves the system. Regarding Claim 4, Nakagawasai teaches the method of Claim 1 above and while Nakagawasai teaches raising the temperature of the stage by moving the cooler away from the stage [¶ 0040-0042; removing contact between the active cooler and the stage necessarily causes the temperature of the stage to rise], Nakagawasai does not explicitly teach wherein the raising the temperature of the stage is performed by heating the stage with a heater while moving the cooler away from the stage. However, Hatano teaches a stage device and processing apparatus [1; Fig. 1], wherein the device comprises a stage [52] with a heater [63] embedded in the stage to heat the stage [¶ 0016]. Hatano further teaches that providing a heater also allows the benefit of returning the stage to room temperature more quickly, thus stating that providing a heater improves the heating efficiency and improves the system [¶ 0022]. One of ordinary skill in the art could have combined the heater as claimed by known methods/techniques and that in combination, the heater would perform the same function as it did separately and one of ordinary skills would have recognized that the results of the combination were predictable i.e. providing a heater also allows the benefit of returning the stage to room temperature more quickly, thus stating that providing a heater improves the heating efficiency and improves the system [¶ 0022]. Therefore, it is a simple mechanical expedient that would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the assembly of Nakagawasai to have wherein the raising the temperature of the stage is performed by heating the stage with a heater, in view of the teachings of Hatano where the elements could have been combined by known methods with no change in their respective function and the combination would have yielded predictable results i.e. providing a heater also allows the benefit of returning the stage to room temperature more quickly, thus stating that providing a heater improves the heating efficiency and improves the system. Claims 12-13 and 16-20 are rejected under 35 U.S.C. 103 as being unpatentable over Nakagawasai, and further in view of Imakita et al. (US 20200381226 A1, hereinafter “Imakita”). Regarding Claim 12, Nakagawasai teaches an apparatus for processing a substrate [1; Fig. 1; ¶ 0013], comprising: a stage [56] provided rotatably and configured to place the substrate on the stage [¶ 0016; stage 56 cools to cryogenic temperature while rotating]; a cooler [21] provided to be come into contact with and move away from the stage [¶ 0039-0040; Fig. 3b; heat transfer sections 54 and 56 are brought into contact while the stage is not rotating to increase the heat transfer during this period]; a mechanism configured to bring the stage and the cooler into contact with each other and move the stage and the cooler away from each other [¶ 0039-0040; a folding mechanism may raise and lower the stage 56 into contact with the heat transfer body 54] a rotation mechanism [62] configured to rotate the stage [¶ 0049]; a means configured to raise a temperature of the stage [¶ 0040-0042; removing contact between the active cooler and the stage necessarily causes the temperature of the stage to rise]; a processing mechanism configured to process the substrate [¶ 0098; sputter gas is introduced into the vacuum container 10 towards target 30, wherein atoms from the target deposit on the surface of the wafer W held at cryogenic temperatures to form a desired film]; and While Nakagawasai teaches the operation and effects of processing equipment and stage equipment [¶ 0092], including cooling the cooler to a target temperature [¶ 0021; (i.e. -30 degrees C)] in a state in which the stage [56] is brought into direct contact with the cooler [54], and cooling the stage to an initial cooling temperature [¶ 0021, 0025; cooled to a cryogenic state]; raising the temperature of the stage [¶ 0040-0042; removing contact between the active cooler and the stage necessarily causes the temperature of the stage to rise]; controlling the temperature of the stage to a steady cooling temperature when the temperature of the stage reaches the steady cooling temperature [¶ 0098; the surface of the wafer W is held in a cryogenic state]; and placing the substrate on the stage kept at the steady cooling temperature, and continuously performing a substrate processing on a plurality of substrates while rotating the stage in a state in which the stage is moved away from the cooler [¶ 0098; the wafer W is rotated as molecules of the sputtered target material deposit on the wafer to form a film], and wherein the means configured to raise the temperature of the stage includes an elevating device [folding mechanism; ¶ 0009] configured to bring the cooler and the stage into contact with each other and move the cooler and the stage away from each other [¶ 0009; Figs. 3A-3B], and the temperature of the stage is raised by moving the cooler and the stage away from each other [¶ 0039-0042; Figs. 3a-3b; removing contact between the active cooler and the stage necessarily causes the temperature of the stage to rise, as sections 56 and 54 are no longer in contact to perform increased rapid cooling; thus, the temperature of the stage 56 is commonsensically higher when not in contact with 54 (i.e. moving away), relative to the stage wherein they are in contact to perform rapid cooling]. Nakagawasai is merely silent to the specific mention of a controller, wherein the controller is configured to execute a control so as to perform the above operations taught by Nakagawasai. While one of ordinary skill would likely infer that Nakagawasai’s teachings about the device’s operation [¶ 0092; also see ¶ 0017] would imply the inclusion of a controller when considering the state of the prior art, for the sake of compact prosecution, alternative prior art, Imakita, is incorporated. Imakita teaches a film forming apparatus [1; Fig. 1], comprising a stage with a substrate [W] wherein sputtering of a plurality of targets [31] causing a film to form in the stage [¶ 0020, 0028]. Imakita further teaches a controller [70] configured to control the respective components of the film forming apparatus [¶ 0050], wherein the controller provides the benefit of input devices, such as a keyboard and mouse, and allows the storage of processing recipes to cause the film forming apparatus to execute predetermined operations loaded from the storage medium [¶ 0050]. One of ordinary skill in the art could have combined the controller as claimed by known methods and that in combination, the controller would perform the same function as it did separately, and one of ordinary skills would have recognized that the results of the combination were predictable i.e. the controller provides the benefit of input devices, such as a keyboard and mouse, and allows the storage of processing recipes to cause the film forming apparatus to execute predetermined operations loaded from the storage medium, thereby improving the system [¶ 0050]. Therefore, it is a simple mechanical expedient that would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the assembly of Nakagawasai to have a controller, wherein the controller is configured to execute a control so as to perform operations, in view of the teachings of Imakita, where the elements could have been combined by known methods with no change in their respective function and the combination would have yielded predictable results i.e. the controller provides the benefit of input devices, such as a keyboard and mouse, and allows the storage of processing recipes to cause the film forming apparatus to execute predetermined operations loaded from the storage medium, thereby improving the system. Claim 13 canceled Regarding Claim 16, Nakagawasai, as modified, teaches the apparatus of Claim 12 above and Nakagawasai teaches wherein the controller [structure taught by Imakita] is configured to control [process disclosed by Nakagawasai ¶ 0092+] the temperature of the stage to the steady cooling temperature [¶ 0098; the surface of the wafer W is held in a cryogenic state] by bringing the stage and the cooler into contact with each other and moving the stage and the cooler away from each other [¶ 0039-0040; Fig. 3b; heat transfer sections 54 and 56 are brought into contact while the stage is not rotating to increase the heat transfer during this period] based on the temperature of the stage detected by a temperature measurement mechanism [¶ 0024, 0062; the stage apparatus 50 may have a plurality of temperature sensors and the temperature of the stage is brought to cryogenic temperatures specifically] [¶ 0093-0095; once the stage reaches cryogenic temperatures the device necessarily moves away from the cooler in order to rotate]. Regarding Claim 17, Nakagawasai teaches an apparatus for processing a substrate [1; Fig. 1; ¶ 0013], comprising: a stage [56] provided rotatably and configured to place the substrate on the stage [¶ 0016; stage 56 cools to cryogenic temperature while rotating]; a cooler [54] provided to be come into contact with and move away from the stage [¶ 0039-0040; Fig. 3b; heat transfer sections 54 and 56 are brought into contact while the stage is not rotating to increase the heat transfer during this period]; a mechanism configured to bring the stage and the cooler into contact with each other and move the stage and the cooler away from each other [¶ 0039-0040; a folding mechanism may raise and lower the stage 56 into contact with the heat transfer body 54]; a rotation mechanism [62] configured to rotate the stage [¶ 0049]; a processing mechanism configured to process the substrate [¶ 0098; sputter gas is introduced into the vacuum container 10 towards target 30, wherein atoms from the target deposit on the surface of the wafer W held at cryogenic temperatures to form a desired film]; and While Nakagawasai teaches the operation and effects of processing equipment and stage equipment [¶ 0092], including cooling the stage [56] by the cooler [54] in a state in which the stage is brought into direct contact with the cooler [¶ 0039-0040; Fig. 3b; heat transfer sections 54 and 56 are brought into contact while the stage is not rotating to increase the heat transfer during this period]; controlling the temperature of the stage to a steady cooling temperature [¶ 0021; (i.e. -30 degrees C)] when the temperature of the stage reaches the steady cooling temperature [¶ 0098; the surface of the wafer W is held in a cryogenic state]; detecting that the temperature of the cooler has reached a target temperature, in a state in which the temperature of the stage is controlled [¶ 0062, ¶ 0096; Nakagawasai teaches that the stage apparatus 50 may have a plurality of temperature sensors and that the temperature of the stage is maintained at cryogenic temperatures]; and placing the substrate on the stage kept at the steady cooling temperature, and continuously performing a substrate processing on a plurality of substrates while rotating the stage in a state in which the stage is moved away from the cooler [¶ 0098; the wafer W is rotated as molecules of the sputtered target material deposit on the wafer to form a film], control [process disclosed by Nakagawasai ¶ 0092+] the temperature of the stage to the steady cooling temperature [¶ 0098; the surface of the wafer W is held in a cryogenic state] by bringing the stage and the cooler into contact with each other and moving the stage and the cooler away from each other [¶ 0039-0040; Fig. 3b; heat transfer sections 54 and 56 are brought into contact while the stage is not rotating to increase the heat transfer during this period] based on the temperature of the stage detected by a temperature measurement mechanism [¶ 0024, 0062; the stage apparatus 50 may have a plurality of temperature sensors and the temperature of the stage is brought to cryogenic temperatures specifically] [¶ 0093-0095; once the stage reaches cryogenic temperatures the device necessarily moves away from the cooler in order to rotate]. Nakagawasai is merely silent to the specific mention of a controller configured to control a temperature of a stage, wherein the controller is configured to execute a control so as to perform the above operations taught by Nakagawasai, and wherein the controller is configured to control the temperature of the stage. While one of ordinary skill would likely infer that Nakagawasai’s teachings about the device’s operation [¶ 0092; also see ¶ 0017] would imply the inclusion of a controller when considering the state of the prior art, for the sake of compact prosecution, alternative prior art, Imakita, is incorporated. Imakita teaches a film forming apparatus [1; Fig. 1], comprising a stage with a substrate [W] wherein sputtering of a plurality of targets [31] causing a film to form in the stage [¶ 0020, 0028]. Imakita further teaches a controller [70] configured to control the respective components of the film forming apparatus [¶ 0050], wherein the controller provides the benefit of input devices, such as a keyboard and mouse, and allows the storage of processing recipes to cause the film forming apparatus to execute predetermined operations loaded from the storage medium [¶ 0050]. One of ordinary skill in the art could have combined the controller as claimed by known methods and that in combination, the controller would perform the same function as it did separately, and one of ordinary skills would have recognized that the results of the combination were predictable i.e. the controller provides the benefit of input devices, such as a keyboard and mouse, and allows the storage of processing recipes to cause the film forming apparatus to execute predetermined operations loaded from the storage medium, thereby improving the system [¶ 0050]. Therefore, it is a simple mechanical expedient that would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the assembly of Nakagawasai to have a controller configured to control a temperature of a stage, wherein the controller is configured to execute a control so as to perform the above operations taught by Nakagawasai, in view of the teachings of Imakita, where the elements could have been combined by known methods with no change in their respective function and the combination would have yielded predictable results i.e. the controller provides the benefit of input devices, such as a keyboard and mouse, and allows the storage of processing recipes to cause the film forming apparatus to execute predetermined operations loaded from the storage medium, thereby improving the system. Claim 18 canceled Regarding Claim 19, Nakagawasai, as modified, teaches the apparatus of Claim 17 above and Nakagawasai teaches wherein the cooler includes a refrigerator [52] provided below the stage [Fig. 1; apparent from inspection], and a cold link [54] configured to transfer cold heat from the refrigerator to the stage [¶ 0021; refrigerator 52 contacts element 54 to cool the stage 56]. Regarding Claim 20, Nakagawasai, as modified, teaches the apparatus of Claim 19 above and Nakagawasai teaches wherein the stage [56] is arranged inside a vacuum container, and wherein the processing mechanism includes a sputtering part provided with a target arranged above the stage inside the vacuum container and a power source configured to apply a voltage to the target [Fig. 1; ¶ 0098; voltage applied to the target is from a plasma generating power supply], and is configured to perform a sputtering film formation in which particles sputtered from the target are deposited on the substrate [¶ 0098; sputter gas is introduced into the vacuum container 10 towards target 30, wherein atoms from the target deposit on the surface of the wafer W held at cryogenic temperatures to form a desired film]. Claims 14-15 are rejected under 35 U.S.C. 103 as being unpatentable over Nakagawasai and Imakita as applied to claim 12 above, and further in view of Hatano. Regarding Claim 14, Nakagawasai, as modified, teaches the apparatus of Claim 12 above but Nakagawasai does not explicitly teach wherein the means configured to raise the temperature of the stage further includes a heating means configured to heat the stage. However, Hatano teaches a stage device and processing apparatus [1; Fig. 1], wherein the device comprises a stage [52] with a heater [63] embedded in the stage to heat the stage [¶ 0016]. Hatano further teaches that providing a heater also allows the benefit of returning the stage to room temperature more quickly, thus stating that providing a heater improves the heating efficiency and improves the system [¶ 0022]. One of ordinary skill in the art could have combined the heater as claimed by known methods/techniques and that in combination, the heater would perform the same function as it did separately and one of ordinary skills would have recognized that the results of the combination were predictable i.e. providing a heater also allows the benefit of returning the stage to room temperature more quickly, thus stating that providing a heater improves the heating efficiency and improves the system [¶ 0022]. Therefore, it is a simple mechanical expedient that would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the assembly of Nakagawasai to have wherein the means configured to raise the temperature of the stage includes a heating means configured to heat the stage, in view of the teachings of Hatano where the elements could have been combined by known methods with no change in their respective function and the combination would have yielded predictable results i.e. providing a heater also allows the benefit of returning the stage to room temperature more quickly, thus stating that providing a heater improves the heating efficiency and improves the system. Regarding Claim 15, Nakagawasai, as modified, teaches the apparatus of Claim 12 above and Nakagawasai teaches wherein the means configured to raise the temperature of the stage further includes wherein the raising the temperature of the stage is performed by moving the cooler away from the stage [¶ 0040-0042; removing contact between the active cooler and the stage necessarily causes the temperature of the stage to rise. Nakagawasai does not teach wherein a means configured to raise the temperature of the stage includes a heating means configured to heat the stage, and wherein the raising the temperature of the stage is performed by heating the stage with the heating means while moving the cooler away from the stage. However, Hatano teaches a stage device and processing apparatus [1; Fig. 1], wherein the device comprises a stage [52] with a heater [63] embedded in the stage to heat the stage [¶ 0016]. Hatano further teaches that providing a heater also allows the benefit of returning the stage to room temperature more quickly, thus stating that providing a heater improves the heating efficiency and improves the system [¶ 0022]. One of ordinary skill in the art could have combined the heater as claimed by known methods/techniques and that in combination, the heater would perform the same function as it did separately and one of ordinary skills would have recognized that the results of the combination were predictable i.e. providing a heater also allows the benefit of returning the stage to room temperature more quickly, thus stating that providing a heater improves the heating efficiency and improves the system [¶ 0022]. Therefore, it is a simple mechanical expedient that would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the assembly of Nakagawasai to have wherein a means configured to raise the temperature of the stage includes a heating means configured to heat the stage, and wherein the raising the temperature of the stage is performed by heating the stage with the heating means while moving the cooler away from the stage, in view of the teachings of Hatano where the elements could have been combined by known methods with no change in their respective function and the combination would have yielded predictable results i.e. providing a heater also allows the benefit of returning the stage to room temperature more quickly, thus stating that providing a heater improves the heating efficiency and improves the system. Response to Arguments On pages 10-11 of the remarks, Applicant argues that Nakagawasai does not teach the amended features, specifically wherein the raising the temperature of the stage is performed by moving the cooler away from the stage. Applicant’s arguments have been considered but are not convincing. Applicant’s arguments appear to rely on the idea that Nakagawasai does not explicitly state that the act of moving the stage away from the cooling device raises the temperature. Respectfully, the Examiner disagrees that Nakagawasai’s system does not cause the temperature of the stage to raise when moving away from direct contact of the cooler. Nakagawasai explicitly teaches that maximum cooling is performed when sections 54 and 56 are in contact [¶ 0039-0040]. Furthermore, Nakagawasai teaches that when it is possible to sufficiently increase the heat capacity of the system, section 54 may be elevated from 52, or conversely, the stage 56 may instead be raised and lowered from the heat transfer body 54 to the same effect, thus increasing the heat capacity [¶ 0040-0042; also see Figs. 3a-3b]. Furthermore, when Nakagawasai discloses that the greatest cooling occurs when in direct contact, it is understood that cooling is relatively less when they are not in contact. Therefore, the temperature of the stage is necessarily raised (i.e. it is transferring less heat) as the direct contact with 54 is removed (i.e. moving away), thereby reducing the ability for cold heat transfer. Furthermore, Applicant’s specification explicitly states (see ¶ 0060-0061) that the ability for the stage to move away from the cooler produces a natural temperature rise of the stage. Therefore, when considering that the prior art contains the same structure to separate the stage from the cooler, the prior art necessarily also produces the same natural responses (i.e. raising temperature). Accordingly, the rejection is maintained. On pages 11-12 of the remarks, Applicant argues that the remainder of the claims are allowable at least based on their dependency to an allegedly allowable independent claims, or that further independent claims are allegedly allowable based on similar reasonings and arguments presented for claim 1. As the arguments regarding claim 1 have been addressed above, the claims, and all claims depending therefrom remain rejected. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Takei et al. (US 20200255935 A1) further discloses the known method of providing a heating mechanism within the stage to heat the stage during the processing of a substrate [¶ 0043]. THIS ACTION IS MADE FINAL. 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 KEITH S MYERS whose telephone number is (571)272-5102. The examiner can normally be reached 8:00-4:00. 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, Jerry-Daryl Fletcher can be reached at (571) 270-5054. 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. /KEITH STANLEY MYERS/Examiner, Art Unit 3763 /JERRY-DARYL FLETCHER/Supervisory Patent Examiner, Art Unit 3763
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Prosecution Timeline

Feb 03, 2023
Application Filed
Feb 26, 2025
Non-Final Rejection — §102, §103
Jun 10, 2025
Response Filed
Sep 10, 2025
Final Rejection — §102, §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
50%
Grant Probability
73%
With Interview (+22.2%)
3y 3m
Median Time to Grant
Moderate
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