Prosecution Insights
Last updated: April 19, 2026
Application No. 18/210,329

SUBSTRATE PROCESSING APPARATUS, SUBSTRATE PROCESSING METHOD AND RECORDING MEDIUM

Non-Final OA §103§112§Other
Filed
Jun 15, 2023
Examiner
ANDUJAR, LEONARDO
Art Unit
3991
Tech Center
3900
Assignee
Tokyo Electron Limited
OA Round
1 (Non-Final)
75%
Grant Probability
Favorable
1-2
OA Rounds
3y 7m
To Grant
75%
With Interview

Examiner Intelligence

Grants 75% — above average
75%
Career Allow Rate
142 granted / 189 resolved
+15.1% vs TC avg
Minimal -0% lift
Without
With
+-0.5%
Interview Lift
resolved cases with interview
Typical timeline
3y 7m
Avg Prosecution
11 currently pending
Career history
200
Total Applications
across all art units

Statute-Specific Performance

§101
0.2%
-39.8% vs TC avg
§103
54.9%
+14.9% vs TC avg
§102
25.7%
-14.3% vs TC avg
§112
11.3%
-28.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 189 resolved cases

Office Action

§103 §112 §Other
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 . Improper Amendment The amendment filed 06/15/2023 add new claims 18-48 that do not comply with 37 CFR 1.173(b), which sets forth the manner of making amendments in reissue applications. New claims should be underlined (see MPEP § 1453). Defective Declaration The reissue oath/declaration filed with this application is defective because it fails to identify at least one error which is relied upon to support the reissue application. See 37 CFR 1.175 and MPEP § 1414. In this case, the reissue oath or declaration does not contain any statement of an error which is relied upon to support the reissue application. PNG media_image1.png 205 605 media_image1.png Greyscale Claim Rejections - 35 USC § 251 Claims 1-48 are rejected as being based upon a defective reissue declaration under 35 U.S.C. 251 as set forth above. See 37 CFR 1.175. The nature of the defect(s) in the declaration is set forth in the discussion above in this Office action. Claims 18-48 are rejected under 35 U.S.C. 251 as being an impermissible recapture of broadened claimed subject matter surrendered in the application for the patent upon which the present reissue is based. See North American Container, Inc. v. Plastipak Packaging, Inc., 415 F.3d 1335, 75 USPQ2d 1545 (Fed. Cir. 2005); Pannu v. Storz Instruments Inc., 258 F.3d 1366, 59 USPQ2d 1597 (Fed. Cir. 2001); Hester Industries, Inc. v. Stein, Inc., 142 F.3d 1472, 46 USPQ2d 1641 (Fed. Cir. 1998); In re Clement, 131 F.3d 1464, 45 USPQ2d 1161 (Fed. Cir. 1997); Ball Corp. v. United States, 729 F.2d 1429, 1436, 221 USPQ 289, 295 (Fed. Cir. 1984). A broadening aspect is present in the reissue which was not present in the application for patent. The record of the application for the patent shows that at least one of the broadening aspects (in the reissue) relates to claim subject matter that the applicant previously surrendered during the prosecution of the application for the patent. Accordingly, at least some of the narrow scope of the claims in the patent were not an error within the meaning of 35 U.S.C. 251, and the broader scope of claim subject matter surrendered in the application for the patent cannot be recaptured by the filing of the present reissue application. Three Step Test for Recapture per MPEP 1412.0 Step 1: Whether the reissue claims are broader in scope than the original patent claims. New independent claims 18, 27, 30, 31, 33, and 35 [directed to a substrate processing unit] are broader than each of patent independent claims 1, 12, 14 and 17 [directed to a substrate processing unit] by not including at least one of the following limitations: the specific substrate processing unit limitations as recited in claim 1/lines 14-32: PNG media_image2.png 221 281 media_image2.png Greyscale the specific substrate processing unit limitations as recited in claim 12/lines 16-30: PNG media_image3.png 196 287 media_image3.png Greyscale the specific substrate processing unit limitations as recited in claim 14/lines 15-24: PNG media_image4.png 119 278 media_image4.png Greyscale the specific substrate processing unit limitations as recited in claim 17/lines 17-20: PNG media_image5.png 61 286 media_image5.png Greyscale New independent claims 38, 45 and 48 [directed to a substrate processing method] are broader than each of patent independent claim 10 [directed to a substrate processing unit] by not including at least one of the following limitations: the specific substrate processing method limitations as recited in claim 10/lines 11-23: PNG media_image6.png 170 283 media_image6.png Greyscale Step 2: Whether the broader aspects of the reissue claims relate to subject matter surrendered in the original prosecution: PNG media_image7.png 129 619 media_image7.png Greyscale From the prosecution record of the original application (16/747,882), the examiner rejected independent claim 1 and its dependent claims 2-3, 8, independent claim 13 and its dependent claim 14 over the prior art. Also, the examiner indicated that dependent claims 4-7 and 9-12 as being allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims (see Non Final Rejection sent on 10/29/2020; pages 3-6). In response to the office action, applicant amended independent claim 1 to include the limitations of recited claims 2-4. Also, applicant presented claims 15, 17 and 20 in independent form (now claims 12, 14 and 17); see amendment filed on 01/29/2021). In this case, applicant relied on the limitations recited in claims 6, 7, and 9-12 to overcome the prior art rejection. Patent independent claim 12, includes limitations previously recited in dependent claims 3-5, patent independent claim 14 includes the limitations previously recited in dependent claims 8 and 9. Also, applicant amended claim 13, now independent claim 10, to include new limitations similar to the limitations recited in claims 6, 7, and 9-12 to overcome the prior art rejection Step 3: Whether the reissue claims were materially narrowed in other respects, so that the claims may not have been enlarged, and hence avoid the recapture rule. The recapture rule cannot be avoided since each of the listed surrender generating limitations (SGL) has been entirely eliminated from new claims added in this reissue application (see MPEP 1412.I.C(1)). Moreover, the reissue claims are not materially narrowed in any other respect. Therefore, new independent claims 18, 27, 30, 31, 33, 35, 38, 45 and 28 and their dependent new claims 19-26, 28-29, 32, 34, 36-37, 39-44, 46 and 47 violate the recapture rule. 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. Claim 21 is 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. Claim 21 recites the limitation "the holder" in line 2. There is insufficient antecedent basis for this limitation in the claim. Claim Rejections - 35 USC § 103 The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action: A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made. Claims 1, 3, 10-12, 18-48 are rejected under 35 U.S.C. 103 as being unpatentable over Sano (US 20180164689). Regarding claim 1, Sano (e.g. fig. 3, 5 and 7) teaches substrate processing apparatus, comprising: a heat treatment unit G4/40 configured to perform a heating processing on a substrate W on which a metal-containing resist film is formed and in which an exposure processing is performed on the film [ ¶¶0004; 0041; fig. 3 detail below]; PNG media_image8.png 259 679 media_image8.png Greyscale a developing processing unit 30 configured to perform a developing processing on the film formed on the substrate on which the heating processing is performed (¶058); a substrate accommodating unit 320 configured to accommodate the substrate W; a transfer device 100 configured to transfer the substrate [¶0056]; PNG media_image9.png 300 533 media_image9.png Greyscale and an adjustment controller 200 (e.g. fig. 7; 334/353; ¶¶00048, 0065, 0067; clm. 14) configured to adjust a water content contained in the film of the substrate with the substrate accommodating unit. PNG media_image10.png 367 379 media_image10.png Greyscale Also, the adjustment controller 200 controls the transfer device to carry the substrate, on which the film is formed by the film forming processing unit but the exposure processing is not performed, into the substrate accommodating unit. The exposure is performed in unit 12 [clm. 14; ¶0056]. The reference does not explicitly teach that the controller 200 can perform the function of reducing a difference between substrates in an amount of water that reacts in the film formed on the substrate during the heating processing. However, the controller 200 is capable of performing the function since the heat treatment unit 40 includes a plurality of chambers 40 wherein in each of the chamber 40/310 the water content can be individually controlled by the control unit 200 by controlling valves 334/334. Moreover, Sano discloses that the adjustment regulator (310, Fig. 7) is configured to control the amount of water that reacts in the film formed on the substrate during the heating processing [¶¶0067, 0068, 0080- 0090]. Therefore, it would have been obvious to one of ordinary skill in the art to control the amount of water that reacts in the film formed on the substrate so that the difference between substrate in an amount of water is reduced so that the line width of the pattern formed on the substrate is more uniform and less varied as taught by Sano [¶ 0067]. Regarding claim 3, Sano teaches a transfer device 311 and a water removing unit [351-353] configured to decrease the water content [¶ 0071]. Also, the adjustment controller is configured to adjust the water content contained in the film of each substrate (see cm 14). Moreover, Sano suggests that the water removing unit is capable of performing the function of reducing the difference between the substrates in the amount of water that reacts in the film formed on the substrate during the heating processing for the reasons set forth above with regard to claim 18). The exposure is performed in unit 12 [clm. 14; ¶0056]. Regarding claim 10, Sano (e.g. fig. 4) teaches a substrate processing method, comprising: forming a metal-containing resist film on a substrate S1 [¶0053]; performing a heating processing on the substrate on which the film is formed and in which an exposure processing is performed on the film S4 [¶0056]; performing a developing processing on the film formed on the substrate to which the heating processing is performed S6 [¶0058]; adjusting a water content contained in the film of each substrate at least before the exposure processing S2 [¶0053]; carrying the substrate W, on which the film is formed but the exposure processing is not performed, into a substrate accommodating unit 310 by a transfer device 311 [¶0053; 0054]. wherein the substrate accommodating unit 310 is configured to suppress a variation in the water content as compared with a transfer space where the transfer device is accommodated [¶¶0060-0066] . The reference does not explicitly teach that the controller 200 can perform the function of reducing a difference between substrates in an amount of water “content” that reacts in the film formed on the substrate during the heating processing. However, the controller 200 is capable of performing the function since the heat treatment unit 40 includes a plurality of chambers 40 wherein in each of the chamber 40/310 the moister content can be individually controlled by the control unit 200 by controlling valves 334/334. Moreover, Sano discloses that the adjustment regulator (310, Fig. 7) is configured to control the amount of water that reacts in the film formed on the substrate during the heating processing [¶¶0067, 0068, 0080- 0090]. In this case, the heating processing includes a first heating treatment S2 and a second heat treatment S5. Therefore, it would have been obvious to one of ordinary skill in the art to control the amount of water that reacts in the film formed on the substrate so that the difference between substrate in an amount of water is reduced so that the line width of the pattern formed on the substrate is more uniform and less varied as taught by Sano [¶ 0067]. Regarding claim 11, Sano teaches a non-transitory computer-readable recording medium having stored thereon computer-executable instructions that, in response to execution, cause an apparatus to perform a substrate processing method as claimed in Claim 10 [¶0048]. Regarding claim 12, Sano (e.g. fig. 3, 5 and 7) teaches a substrate processing apparatus, comprising: a film forming processing unit 32 configured to form a metal-containing resist film on a substrate [¶¶004, 0053]; a heat treatment unit 40 configured to perform a heating processing on the substrate on which the film is formed and in which an exposure processing is performed on the film S5,S4 [¶¶0056, 0057]; a developing processing unit 30 configured to perform a developing processing on the film formed on the substrate on which the heating processing is performed [¶0058]; and an adjustment controller 200, wherein the adjustment controller adjusts a water content contained in the film of each substrate at least before the exposure processing [¶00148, clm. 14]; wherein the substrate processing apparatus 40 further comprises: a transfer device 311 configured to transfer the substrate; and a water removing unit [351-353] configured to decrease the water content, wherein the adjustment controller controls the transfer device to carry the substrate, on which the film is formed by the film forming processing unit but the exposure processing is not performed, into the water removing unit [¶¶0071, clm. 14]. The reference does not explicitly teach that the controller 200 can perform the function of reducing a difference between substrates in an amount of water “content” that reacts in the film formed on the substrate during the heating processing. However, the controller 200 is capable of performing the function since the heat treatment unit 40 includes a plurality of chambers 40 wherein in each of the chamber 40/310 the moister content can be individually controlled by the control unit 200 by controlling valves 334/334. Moreover, Sano discloses that the adjustment regulator (310, Fig. 7) is configured to control the amount of water that reacts in the film formed on the substrate during the heating processing [¶¶0067, 0068, 0080- 0090]. In this case, the heating processing includes a first heating treatment S2 and a second heat treatment S5. Therefore, it would have been obvious to one of ordinary skill in the art to control the amount of water that reacts in the film formed on the substrate so that the difference between substrate in an amount of water is reduced so that the line width of the pattern formed on the substrate is more uniform and less varied as taught by Sano [¶ 0067]. Regarding claims 18, 26, 27, 31, 33 and 34, Sano (e.g. fig. 3, 5 and 7) teaches substrate processing apparatus, comprising: a heat treatment unit G4/40 configured to perform a heating processing on a substrate W on which a metal-containing resist film is formed and in which an exposure processing is performed on the film [ ¶¶0004; 0041; fig. 3 detail below]; PNG media_image8.png 259 679 media_image8.png Greyscale a substrate accommodating unit 320 configured to accommodate the substrate W (before being processed by a heat treatment S5; see fig. 5); PNG media_image9.png 300 533 media_image9.png Greyscale and an adjustment controller 200 (e.g. fig. 7; 334/353; ¶¶00048, 0065, 0067; clm. 14) configured to adjust a water content contained in the film of the substrate with the substrate accommodating unit. PNG media_image10.png 367 379 media_image10.png Greyscale Also, the adjustment controller is configured to control the transfer device to carry the substrate, on which the film is formed, into the substrate accommodating unit (¶¶00048, 0065, 0067; clm. 14; 0074-0079]. The reference does not explicitly teach that the controller 200 can perform the function of reducing a difference between substrates in an amount of water that reacts in the film formed on the substrate during the heating processing. However, the controller 200 is capable of performing the function since the heat treatment unit 40 includes a plurality of chambers 40 wherein in each of the chamber 40/310 the moister content can be individually controlled by the control unit 200 by controlling valves 334/334. Moreover, Sano discloses that the adjustment regulator (310, Fig. 7) is configured to control the amount of water that reacts in the film formed on the substrate during the heating processing [¶¶0067, 0068, 0080- 0090]. Therefore, it would have been obvious to one of ordinary skill in the art to control the amount of water that reacts in the film formed on the substrate so that the difference between substrate in an amount of water is reduced so that the line width of the pattern formed on the substrate is more uniform and less varied as taught by Sano [¶ 0067]. Regarding claims 19 and 32, Sano (e.g. fig. 6) teaches a transfer device 311configured to transfer the substrate, wherein the substrate accommodating unit 310 is configured to suppress a variation in the water content as compared with a transfer space where the substrate is transferred. Also, the adjustment controller is configured to control the transfer device to carry the substrate, on which the film is formed, into the substrate accommodating unit (¶¶00048, 0065, 0067; clm. 14; 0074-0079]. PNG media_image11.png 353 443 media_image11.png Greyscale Regarding claim 20, Sano teaches that the accommodating unit includes: a holder 360 configured to hold the substrate, a housing 321 configured to accommodate the holder and to isolate an exterior space from an interior space, and a supply conduit 330 configured to supply a water content control gas [¶¶0064;00065]. Regarding claim 21, Sano teaches a plurality of shelves that holds a plurality of substrates (e.g. fig. 3). In this case, the plurality of shelves can be recognized as the holder of the holder recited in claim 20. Regarding claim 22, Sano teaches a water removing unit [351-353] configured to decrease the water content [¶ 0071]. Also, the adjustment controller is configured to adjust the water content contained in the film of each substrate (see clm. 14). Moreover, Sano suggests that the water removing unit is capable of performing the function of reducing the difference between the substrates in the amount of water that reacts in the film formed on the substrate during the heating processing for the reasons set forth above with regard to claim 18). Regarding claim 23, Sano teaches a humidifying unit [331334] configured to increase the water content [¶310]. Sano suggests that the adjustment controller 200 is configured to adjust the water content contained in the film of each substrate with the humidifying unit to reduce the difference between the substrates in the amount of water that reacts in the film formed on the substrate during the heating processing for the reasons set forth above with regard to claim 18). Regarding claim 24 Sano teaches that the adjustment controller 200 is configured to adjust the water content contained in the film of each substrate with the substrate accommodating unit S2 at least before the exposure processing S4 [ see fig. 4; clm. 14; ¶¶0053-0056]. Regarding claim 25, Sano teaches a film forming processing unit 32 configured to perform a film forming processing S1 to form the metal-containing resist film on the substrate (see fig. 4; clm. 14; ¶¶0053-0056), Also, the adjustment controller 20 is configured to adjust the water content contained in the film of each substrate with the substrate accommodating unit after the film forming processing by the film forming processing unit is performed on the substrate and before the exposure processing S4. Regarding claim 27, Sano (e.g. fig. 3, 5 and 7) teaches substrate processing apparatus, comprising: a heat treatment unit G4/40 configured to perform a heating processing on a substrate W on which a metal-containing resist film is formed and in which an exposure processing is performed on the film [ ¶¶004; 0041; fig. 3 detail below]; PNG media_image8.png 259 679 media_image8.png Greyscale a water removing unit 351-353 configured to decrease/increase a water content (see fig. 5; ¶¶ 0071; 0067;00168; S5;); and an adjustment controller 200 (e.g. fig. 7; 334/353; ¶¶00048, 0065, 0067; clm. 14) configured to adjust a water content contained in the film of the substrate with the substrate accommodating unit. PNG media_image10.png 367 379 media_image10.png Greyscale PNG media_image12.png 469 833 media_image12.png Greyscale Moreover, Sano teaches that the exposure process S4 occurs before the S5 (see fig. 4). The reference does not explicitly teach that the controller 200 can perform the function of reducing a difference between substrates in an amount of water that reacts in the film formed on the substrate during the heating processing. However, the controller 200 is capable of performing the function since the heat treatment unit 40 includes a plurality of chambers 40 wherein in each of the chamber 40/310 the moister content can be individually controlled by the control unit 200 by controlling valves 334/334. Moreover, Sano discloses that the adjustment regulator (310, Fig. 7) is configured to control the amount of water that reacts in the film formed on the substrate during the heating processing [¶¶0067, 0068, 0080- 0090]. Therefore, it would have been obvious to one of ordinary skill in the art to control the amount of water that reacts in the film formed on the substrate so that the difference between substrate in an amount of water is reduced so that the line width of the pattern formed on the substrate is more uniform and less varied as taught by Sano [¶ 0067]. Regarding claim 28, Sano teaches a developing processing unit configured to perform a developing processing on the film formed on the substrate after the water content is decreased with the water removing unit (see fig. 4; S6¶0058).. Regarding claim 29, Sano teaches a water removing unit [351-353] configured to decrease the water content [¶ 0071]. Also, the adjustment controller is configured to adjust the water content contained in the film of each substrate (see claim 14). Moreover, Sano suggests that the water removing unit is capable of performing the function of reducing the difference between the substrates in the amount of water that reacts in the film formed on the substrate. Regarding claims 30 and 48, Sano (e.g. fig. 3, 5 and 7) teaches substrate processing apparatus and method, comprising: a heat treatment unit G4/40 configured to perform a heating processing on a substrate W on which a metal-containing resist film is formed and in which an exposure processing is performed on the film [ ¶¶0040; 0041; 0057;0149fig. 3 detail below; S5]; PNG media_image8.png 259 679 media_image8.png Greyscale a substrate accommodating unit 320 configured to accommodate the substrate W; PNG media_image9.png 300 533 media_image9.png Greyscale and an adjustment controller 200 (e.g. fig. 7; 334/353; ¶¶00048, 0065, 0067; clm. 14) configured to adjust a water “content” contained in the film of the substrate with the substrate accommodating unit (S2/S5). PNG media_image10.png 367 379 media_image10.png Greyscale The reference does not explicitly teach that the controller 200 can perform the function of reducing a difference between substrates in an amount of water “content” that reacts in the film formed on the substrate during the heating processing. However, the controller 200 is capable of performing the function since the heat treatment unit 40 includes a plurality of chambers 40 wherein in each of the chamber 40/310 the moister content can be individually controlled by the control unit 200 by controlling valves 334/334. Moreover, Sano discloses that the adjustment regulator (310, Fig. 7) is configured to control the amount of water that reacts in the film formed on the substrate during the heating processing [¶¶0067, 0068, 0080- 0090]. In this case, the heating processing includes a first heating treatment S2 and a second heat treatment S5. Therefore, it would have been obvious to one of ordinary skill in the art to control the amount of water that reacts in the film formed on the substrate so that the difference between substrate in an amount of water is reduced so that the line width of the pattern formed on the substrate is more uniform and less varied as taught by Sano [¶ 0067]. Regarding claim 34, Sano (e.g. fig. 6) teaches a transfer device 311configured to transfer the substrate, wherein the substrate accommodating unit 310 is configured to suppress a variation in the water content as compared with a transfer space where the substrate is transferred. Also, the adjustment controller is configured to control the transfer device to carry the substrate, on which the film is formed, into the substrate accommodating unit (¶¶00048, 0065, 0067; clm. 14; 0074-0079]. Regarding claim 35, Sano (e.g. figs. 4 and 17; ¶¶0169-0179) teaches a substrate processing apparatus, comprising: a substrate accommodating unit 310 configured to accommodate a substrate W on which a metal-containing resist film is formed [0004], the substrate accommodating unit including a housing 321 having an interior space and an air supply conduit 700 through which air is supplied to the interior space. Also, Sano teaches a heat treatment unit 311 configured to perform a heat treatment to the substrate; and a transfer space having a transfer arm which transfers the substrate to the heat treatment unit, the transfer space having a different humidity from the air supplied through the air supply conduit (see fig. 4). PNG media_image13.png 370 411 media_image13.png Greyscale Regarding claim 36, Sano teaches a control device 200 configured to control the accommodation of the substrate accommodating unit, thereby controlling an amount of a reaction water which reacts in the resist film during the heat treatment (i.e. clm. 14). Note that the other configuration of the heating unit 310 is the same as the configuration of the heating unit 310 in the first embodiment, and therefore description thereof is omitted [¶0175]. Regarding claim 37, Sano teaches that the control device is configured to control at least an amount of the air supplied through the air supply conduit (clm. 14). Regarding claims 38, 44, 45, 47, Sano (e.g. fig. 3, 5 and 7) teaches substrate processing method comprising: performing a heat treatment unit G4/40 configured to perform a heating processing on a substrate W on which a metal-containing resist film is formed and in which an exposure processing is performed on the film [ ¶¶0004; 0041; fig. 3 detail below]; PNG media_image8.png 259 679 media_image8.png Greyscale a substrate accommodating unit 320 configured to accommodate the substrate W (before being processed by a heat treatment (S5; see fig. 5); PNG media_image9.png 300 533 media_image9.png Greyscale and an adjustment controller 200 (e.g. fig. 7; 334/353; ¶¶00048, 0065, 0067; clm. 14) configured to adjust a water content contained in the film of the substrate with the substrate accommodating unit “adjusting step”. PNG media_image10.png 367 379 media_image10.png Greyscale The reference does not explicitly teach that the controller 200 can perform the function of reducing a difference between substrates in an amount of water that reacts in the film formed on the substrate during the heating processing. However, the controller 200 is capable of performing the function since the heat treatment unit 40 includes a plurality of chambers 40 wherein in each of the chamber 40/310 the moister content can be individually controlled by the control unit 200 by controlling valves 334/334. Moreover, Sano discloses that the adjustment regulator (310, Fig. 7) is configured to control the amount of water that reacts in the film formed on the substrate during the heating processing [¶¶0067, 0068, 0080- 0090]. Therefore, it would have been obvious to one of ordinary skill in the art to control the amount of water that reacts in the film formed on the substrate so that the difference between substrate in an amount of water is reduced so that the line width of the pattern formed on the substrate is more uniform and less varied as taught by Sano [¶ 0067]. Regarding claim 39 , Sano (e.g. fig. 6) teaches a transfer device 311configured to transfer the substrate, wherein the substrate accommodating unit 310 is configured to suppress a variation in the water content as compared with a transfer space where the substrate is transferred. Also, the adjustment controller is configured to control the transfer device to carry the substrate, on which the film is formed, into the substrate accommodating unit (¶¶00048, 0065, 0067; clm. 14; 0074-0079]. PNG media_image11.png 353 443 media_image11.png Greyscale Regarding claim 40, Sano teaches a water removing unit [351-353] configured to decrease the water content [¶ 0071]. Also, the adjustment controller is configured to adjust the water content contained in the film of each substrate (see claim 14). Moreover, Sano suggests that the water removing unit is capable of performing the function of reducing the difference between the substrates in the amount of water that reacts in the film formed on the substrate during the heating processing for the reasons set forth above with regard to claim 38. Regarding claim 41, Sano teaches a humidifying unit [331334] configured to increase the water content [¶310]. Sano suggests that the adjustment controller 200 is configured to adjust the water content contained in the film of each substrate with the humidifying unit to reduce the difference between the substrates in the amount of water that reacts in the film formed on the substrate during the heating processing for the reasons set forth above with regard to claim 18). Regarding claim 42, Sano teaches that the adjustment controller 200 is configured to adjust the water content contained in the film of each substrate with the substrate accommodating unit S2 at least before the exposure processing S4 [ see fig. 4; clm. 14; ¶¶0053-0056]. Regarding claim 43, Sano teaches a film forming processing unit 32 configured to perform a film forming processing S1 to form the metal-containing resist film on the substrate (see fig. 4; clm. 14; ¶¶0053-0056), Also, the adjustment controller 20 is configured to adjust the water content contained in the film of each substrate with the substrate accommodating unit after the film forming processing by the film forming processing unit is performed on the substrate and before the exposure processing S4. Regarding claim 46, Sano teaches the step of a developing processing on the film formed on the substrate after the water content is decreased (see fig. 4; S6). Allowable Subject Matter over the Prior Art Claims 14-17 would be allowable if the rejections under 35 USC § 251 are overcome. Claims 2, 4-9 and 13 are objected to as being dependent upon a rejected base claim, but would be allowable over the prior art if rewritten in independent form including all of the limitations of the base claim and any intervening claims and the rejections under 35 USC § 251 are overcome. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Ueda teaches embodiments similar to the instant invention. Any inquiry concerning this communication or earlier communications from the examiner should be directed to LEONARDO ANDUJAR whose telephone number is (571)272-1912. The examiner can normally be reached Monday to Thursday 10 AM to 8 PM. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Patricia L Engle can be reached at (571)272-6660. 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. /Leonardo Andujar/ Primary Examiner Art Unit 3991 CRU Conferees: /ELIZABETH L MCKANE/Specialist, Art Unit 3991 /Patricia L Engle/SPRS, Art Unit 3991
Read full office action

Prosecution Timeline

Jun 15, 2023
Application Filed
Jun 15, 2023
Response after Non-Final Action
Mar 04, 2026
Non-Final Rejection — §103, §112, §Other (current)

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Prosecution Projections

1-2
Expected OA Rounds
75%
Grant Probability
75%
With Interview (-0.5%)
3y 7m
Median Time to Grant
Low
PTA Risk
Based on 189 resolved cases by this examiner. Grant probability derived from career allow rate.

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