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 .
Election/Restrictions
Applicant’s election without traverse of Group I in the reply filed on 1/12/26 is acknowledged.
Claim Rejections - 35 USC § 102
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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-2, 8, 10 and 11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Korzhova (“Motion Analysis of Fluid Flow in a Spinning Disk Reactor,” Scholar Commons, USF Graduate Theses and Dissertations, 2009).
Claims 1, 2 and 8: Korzhova teaches a method for controlling one or more operation parameters of a spinning disk reactor process (i.e. claimed spin-on process) used to dispense a liquid film over a silicon wafer (i.e. claimed semiconductor substrate) (Abst.; p. 1), comprising the steps of: dispensing the processing liquid onto an upper surface of the semiconductor substrate while the substrate is rotated at a predetermined speed, wherein the liquid is dispensed at a predetermined flow rate and flows in a radial direction toward the edge of the substrate (Abst.; p. 37); inducing spiral waves (i.e. claimed perturbation) within the processing liquid, the waves flowing along the liquid at an unknown velocity (pp. 39-43); tracking movement of the spiral waves over time as the waves flow outward (pp. 39-43); utilizing the tracked movement to determine local fluid velocity at one or more radial positions (pp. 55-56) and controlling the predetermined rotation speed at which the substrate is rotated (i.e. claimed one or more operational parameters) based on the localized fluid velocity (pp. 8, 55-56).
Claims 10-11: Korzhova teaches using a video camera (i.e. a camera which obtains a plurality of images on the surface over time) to track the spiral waves as they flow outward (p. 24); analyzing the video to determine radial positions of the waves; comparing the radial positions to baseline positions of subsequent waves; and determining localized fluid velocity based on this data (p. 24, e.g.).
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.
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 3-7 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Korzhova in light of Bright et al. (US 2017/0332179).
Claims 3 and 9: Korzhova fails to teach using a localized thermal change or sound to generate the waves. However, Bright teaches a process of generating waves in a fluid and explains that suitable mechanisms for generating the wave are sound and localized temperature change (¶ 0091). Combining prior art elements according to known methods to yield predictable results is prima facie obvious. MPEP § 2143. Thus, it would have been obvious to one of ordinary skill at the time of filing to have utilized a localized thermal change or sound to generate waves in the fluid of Korzhova with the predictable expectation of success.
Claims 4 and 5: Korzhova, as modified by Bright, does not discuss the time of generating the waves. However, claims 4 and 5 represent the only two options available (i.e. before or after dispensing the fluid). It is prima facie obvious to choose from a finite number of identified, predictable solutions, with a reasonable expectation of success. MPEP § 2143. Thus, it would have been obvious to one of ordinary skill at the time of filing to have selected generating the waves either before or after the fluid is dispensed with the predictable expectation of success.
Claims 6 and 7: Korzhova teaches using a video camera (i.e. a camera which obtains a plurality of images on the surface over time) to track the spiral waves as they flow outward (p. 24); analyzing the video to determine radial positions of the waves; comparing the radial positions to baseline positions of subsequent waves; and determining localized fluid velocity based on this data (p. 24, e.g.).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Robert A Vetere whose telephone number is (571)270-1864. The examiner can normally be reached M-F 7:30-4:00 EST.
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/ROBERT A VETERE/ Primary Examiner, Art Unit 1712