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 of Claims
This action is in reply to the Amendments/Response filed on January 30, 2026. Claim(s) 9, 12, 16 and 21 have been amended. No additional claims have been added. Claim 20 has been cancelled. Claims 1-19 and 21 are currently pending and have been examined.
Response to Amendments
The examiner fully acknowledges the amendments to claims 9, 12, and 16 filed on January 30, 2026.
The amendments to claims 12 and 16 have addressed the objections previously submitted, and as such the claim objections set forth in the previous office action pertaining to claims are withdrawn.
The applicant’s amendments to claim 9, where the dependent claim was written in independent form, including all intervening claims, are sufficient to overcome the rejection of claims, as presented in the 35 U.S.C. 102 rejection, which applied Lischka (US PG Pub No. 2022066413). As such, claim 9 is under conditions for allowance.
The applicant’s amendments to claim 21 are sufficient to overcome the 35 U.S.C. 102 rejection, which applied which applied Lischka (US PG Pub No. 2022066413). However, the claim is not considered to have overcome the art. Please see the updated rejection in the action below.
Response to Arguments
The applicant’s arguments, see pages 6-8, filed January 30, 2026 have been fully considered.
Allowable Subject matter: The examiner maintains the limitations of claim 9 were not disclosed or made obvious in the application of Lischka (US PG Pub No. 2022066413). The examiner agrees the claim is allowable in view of the art of record.
102 Rejection of Claims 1 and 16: The applicant’s arguments pertaining to Lischka failing to disclose all the limitations of the independent claims have been fully considered but are not found persuasive.
While the reference Lischka recites that the actuator 51 applies pressure in an angularly limited region ([0037]), it still capable of deflecting across the entire circumference. As the platen “is rotatable about an axis of rotation” and the “annular flange projects radially outward from the platen ([0004])”, then the region of the polishing pad that the actuator applies pressure to would change as the platen rotates. As such, while in an instance, the actuator of Lishcka applies pressure to a discrete area and creates a local deflection, it would be able to cause deflections about the entire circumference due to the rotation of the platen. Lischka still meets this intended use limitation, and as such, claim 1, 16, and their respective dependents remain rejected in view of Lishcka.
102 Rejection of Claim 21: The applicant has not set forth arguments directed towards how the amendments overcome the rejection of claim 21 in view of Lischka. Please see the updated rejection, reinterpreting Lischka as a result of the amendments.
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)(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.
(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.
Claim(s) 1-2, 4-8, 11-13, 16-18, and 21 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lischka (US PG Pub No. 20220266413).
In regards to claim 1, Lischka discloses
a chemical mechanical polishing apparatus (polishing system 20, fig. 1-6), comprising:
a platen (rotatable platen 24, fig. 1-6) to support a polishing pad (polishing pad 30, fig. 1-6), the platen (rotatable platen 24, fig. 1-6) having
a central section (second annular flange 60, see area adjacent to optional hole 31; fig. 1 - ann. 1; [0022]) with an upper surface and
[0022] However, the aperture 26 in the platen 24 and hole 31 in the polishing pad 30 are optional; both the polishing pad 30 and platen 24 can be solid circular bodies with solid circular upper surfaces.
an annular flexure surrounding (annular flange 50, see area adjacent edge; fig. 1 - ann. 1; [0028]-[0029], [0041]) or surrounded by the central section (second annular flange 60, see area adjacent to optional hole 31; fig. 1 - ann. 1; [0022]) and
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having a top surface with a first edge adjacent to and coplanar ([0028, 0041]) with the upper surface and a second edge farther from the central section (see fig. 1 – ann. 2);
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[0028] As shown in the example of FIGS. 1 and 2, the polishing system 20 includes an annular flange 50 that projects radially outward from the platen 24. If not deflected or deformed, a top surface of the annular flange 50 is substantially coplanar with the upper surface 38 of the platen 24.
[0041] The polishing system 20 can have a second annular flange 60 that projects radially inward from the platen 24 into the aperture 26. If not deflected or deformed, a top surface of the second annular flange 60 is coplanar with the upper surface 38 of the platen 24.
an actuator (contactless actuator 51 surrounding central section or second contactless actuator 61 surrounded by central section, fig. 1, 5; [0029], [0036-0039], [0041]) arranged to bend the annular flexure along an entire circumference of the annular flexure so as to modify a vertical position of the second edge of the annular flexure relative to the central section;
[0029] The inner edge of the annular flange 50 is vertically fixed relative to the top surface of the platen 24. However, the annular flange 50 is vertically deflectable such that an outer edge of the annular flange 50 is vertically movable relative to the inner edge of the annular flange 50. In particular, the polishing system 20 includes a contactless actuator 51 to apply pressure to an underside of the annular flange 50 in an angularly limited region 44, thus deforming a segment of the outer polishing pad 56, i.e., the actuator 51 can apply pressure to the annular flange 50 without physically contact with the annular flange 50.
[0036] The contactless actuator 51 can be a mechanical and/or electrical apparatus. The contactless actuator 51 can have, for example as shown in FIG. 3, an air cylinder 48 mounted to a pivoting arm 49 that can swing upwardly and downwardly to adjust the distance between the annular flange 50 and an actuator head 46. Alternatively, the contactless actuator 51 can be static and fixed near the polishing station 20 with an actuator head 46 having preset distance between the annular flange 50 and the actuator head 46.
[0037] The contactless actuator 51 can apply an upward force to an annularly limited region 44 of the annular flange 50 without physical contact between solid components. The annularly limited region 44 is less than all of the radial arc 53 of the projection spanned by the substrate 10. In particular, the annually limited region 44 is about 0.5-4 mm wide and 20-50 mm long. The upward pressure applied by the contactless actuator 51 can locally deflect the annular flange 50, such that a portion of the projection of the annular flange 50 corresponding to the annularly limited region 44 moves to contact with the substrate 10. The amplitude of the upward pressure by the contactless actuator 51 can depend on the distance between the annular flange 50 and the actuator head 46. Alternatively, if the distance between the annular flange 50 and the actuator head 46 is fixed, the amplitude of the upward pressure depends on the force generated by the actuator head 46 controlled by a controller.
[0038] The upward pressure from the contactless actuator 51 on the flange 50 can be generated by magnetic force, or by pneumatic or hydraulic pressure, e.g., by the actuator head jetting fluid or air against the underside of the flange 50. The magnetic force can be generated between two permanent magnets, or between one permanent magnet and one electromagnet. The magnetic force is repulsive such that it can provide an upward pressure on the annular flange 50. The detail descriptions of the contactless actuator 51 will be discussed later.
[0039] The carrier head 70 is movable to selectively position a portion of the substrate 10 over the outer polishing pad 56. In particular, the carrier head 70 can position a first portion of the substrate 10 over the main polishing pad 30 and a second portion of the substrate over the outer polishing pad 56. By selection of the position of the carrier head 70 (and thus substrate 10) in view of the shape and location of the outer polishing surface 54, and by control of the degree of deformation of the flange 50 by the contactless actuator 51, the polishing system 10 can establish a differential in polishing rates in different annular zones on the substrate. This effect can be used to provide polishing correction, e.g., edge-correction, of the substrate 10.
[0041] The polishing system 20 can have a second annular flange 60 that projects radially inward from the platen 24 into the aperture 26. If not deflected or deformed, a top surface of the second annular flange 60 is coplanar with the upper surface 38 of the platen 24. The second annular flange 60 has an outer edge that is secured to and rotatable with the platen 24, and the inner edge of the second annular flange 60 is fixed relative to the top surface of the platen 24. The second annular flange 60 can be vertically deflectable such that an inner edge of the annular flange 60 is vertically movable relative to the outer edge when a second contactless actuator 61 applies pressure to an underside of the annular flange 60 in an angularly limited region 44. The second contactless actuator 61 can have, for example, an air cylinder 48 mounted to a pivoting arm 49 that can swing upwardly and downwardly to adjust the distance between the second annular flange 60 and an actuator head 46. Alternatively, the second contactless actuator 61 can be static and fixed near the polishing station 20 with an actuator head 46 having preset distance between the second annular flange 60 and the actuator head 46.
a carrier head (carrier head 70, fig. 1-2; [0025]) to hold a surface of a substrate (substrate 10, fig. 1-3 against the polishing pad (polishing pad 30, fig. 1-6); and
[0025] The polishing system 20 includes a carrier head 70 operable to hold the substrate 10 against the main polishing pad 30.
a motor (motor 21, fig. 1; [0018-0019]) to generate relative motion between the platen (rotatable platen 24, fig. 1-6) and the carrier head (carrier head 70, fig. 1-2; [0025]) so as to polish an overlying layer on the substrate.
[0018] FIGS. 1 and 2 show an example polishing system 20 operable to polish a substrate 10. The polishing system 20 includes a rotatable platen 24, on which a main polishing pad 30 is situated.
[0019] The platen is operable to rotate about an axis 25. For example, a motor 21 can turn a drive shaft 22 to rotate the platen 24.
In regards to claim 2, Lischka discloses
the apparatus of claim 1, wherein the annular flexure surrounds the central section (annular flange 50, see area adjacent edge; fig. 1 - ann. 1; [0028]-[0029], [0041]) of the platen and has an inner edge adjacent to and coplanar with the upper surface and an outer edge farther from the central section (see fig. 1 – ann. 2), and the actuator (contactless actuator 51, fig. 1, 5; [0029], [0036-0039]) is arranged to modify the vertical position of the outer edge ([0036-0039]).
In regards to claim 4, Lischka discloses
the apparatus of claim 2, comprising a second annular flexure surrounded by the central section (second annular flange 60, see area adjacent to optional hole 31; fig. 1 - ann. 1; [0022]) of the platen and having an inner edge adjacent to and coplanar with the upper surface and an outer edge farther from the central section (see fig. 1 – ann. 2; [0041]), and a second actuator (second contactless actuator 61, fig. 1; [0041]) is arranged to modify the vertical position of the inner edge of the second annular flexure.
In regards to claim 5, Lischka discloses
the apparatus of claim 1, wherein the annular flexure is surrounded by the central section (second annular flange 60, see area adjacent to optional hole 31; fig. 1 - ann. 1; [0022]) of the platen and the has an outer edge adjacent to and coplanar with the upper surface and an inner edge farther from the central section (see fig. 1 – ann. 2; [0041]), and the actuator (second contactless actuator 61, fig. 1 [0041]) is arranged to modify the vertical position of the inner edge.
In regards to claim 6, Lischka discloses
the apparatus of claim 5, wherein the annular flexure comprises no more than an innermost 25% by radius ([0021]) of the platen (rotatable platen 24, fig. 1-6).
[0021] The diameter of the aperture 26 (e.g., the portion adjacent the surface 28, either as a recess or as an upper portion of the passage through the platen 24) can be about 5% to 40% of the diameter of the platen 24, e.g., about 5% to 15%, or 20% to 30%. For example, the diameter can be 3 to 12 inches in a 30 to 42 inch diameter platen.
Examiner’s Note:
20% of the diameter is recognized as 20% of the radius. As 20% is less than 25%, the limitations are anticipated.
In regards to claim 7, Lischka discloses
the apparatus of claim 1, wherein the annular flexure (annular flange 50, see area adjacent edge; fig. 1 - ann. 1; [0028]-[0029], [0041] or second annular flange 60, see area adjacent to optional hole 31; fig. 1 - ann. 1; [0022]) comprises an annular recess in a lower surface in the platen that extends partially through a thickness of the platen (see fig. 1 – ann. 3).
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In regards to claim 8, Lischka discloses
the apparatus of claim 1, wherein a thickness of the flexure is substantially equal to a thickness of the platen (fig. 1 – ann. 4) in the central section (second annular flange 60, see area adjacent to optional hole 31; fig. 1 - ann. 1; [0022]).
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In regards to claim 11, Lischka discloses
the apparatus of claim 1, wherein the actuator (contactless actuator 51 or second contactless actuator 61, fig. 1, 5; [0029], [0036-0039], [0041]) is positioned to apply a vertical force to the annular flexure ([0029], [0036-0039], [0041]).
In regards to claim 12, Lischka discloses
the apparatus of claim 11, further comprising a lower platen (see fig. 1/6 - ann. 1) supporting an upper platen that includes the central section (second annular flange 60, see area adjacent to optional hole 31; fig. 1 - ann. 1; [0022]) of the platen.
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In regards to claim 13, Lischka discloses
the apparatus of claim 12, wherein the actuator (contactless actuator 51 or second contactless actuator 61, fig. 1, 5; [0029], [0036-0039], [0041]) comprises an annular pressurizable chamber (fluid pipe 603; [0064]) positioned between the upper platen and the lower platen (see fig. 1/6 - ann. 2).
[0064] FIG. 6 shows a schematic cross-sectional view of an example chemical mechanical polishing system with a contactless actuator having a fluid jet nozzle. The contactless actuator 51 includes a fluid jet actuator head 46. The fluid jet actuator head 46 includes a fluid nozzle 601 positioned on an outer surface, e.g., the top surface, of the actuator head 46. The fluid nozzle 601 is connected to one end of a fluid valve 605 through a conduit 603, e.g., piping or flexible tubing... once the valve 605 is turned on, the fluid from the fluid source 610 flows, e.g., due to a pump or back pressure, through the nozzle 601 and sprays onto the bottom surface of the annular flange 50. The valve 605 can be turned on partially by the controller 620 in order to control the flow rate of the fluid. The fluid can be a gas, e.g., air or nitrogen, or a liquid, e.g., water. In either case the fluid can be filtered before flowing through the nozzle.
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Examiner’s Note:
As the tubing will contain different amounts of fluid, regulated by the control valve 605, a skilled artisan would recognize it as meeting the limitations of being a pressurizable chamber.
In regards to claim 16, Lischka discloses
a method of locally polishing a substrate (substrate 10, fig. 1-3, comprising:
supporting a polishing pad (polishing pad 30, fig. 1-6) with a rotatable platen (rotatable platen 24, fig. 1-6), the platen (rotatable platen 24, fig. 1-6) comprising
[0004] In one aspect, a polishing system includes a platen having a top surface to support a main polishing pad. The platen is rotatable about an axis of rotation that passes through approximately the center of the platen. An annular flange projects radially outward from the platen to support an outer polishing pad.
at least one annular flexure (annular flange 50, see area adjacent edge; fig. 1 - ann. 1; [0028]-[0029], [0041], or second annular flange 60, see area adjacent to optional hole 31; fig. 1 - ann. 1; [0022]) extending from a central region of the platen and
an actuator (contactless actuator 51 or second contactless actuator 61, fig. 1, 5; [0029], [0036-0039], [0041]) supported by the platen (rotatable platen 24, fig. 1-6) configured to adjust a vertical height of an edge of the annular flexure relative to the central region along an entire circumference of the annular flexure;
positioning the substrate (substrate 10, fig. 1-3) so that a portion of the substrate is over the annular flexure; moving the annular region portion of the substrate over the annular section edge; and
[0004]:… An actuator applies pressure to an underside of the annular flange in an angularly limited region, and a carrier head holds a substrate in contact with the polishing pad and is movable to selectively position a portion of the substrate over the outer polishing pad.
generating relative motion between the polishing pad (polishing pad 30, fig. 1-6) and the substrate so as to polish an overlying layer on the substrate.
[0071] The above described polishing system and methods can be applied in a variety of polishing systems. Either the polishing pad, or the carrier head, or both can move to provide relative motion between the polishing surface and the substrate.
In regards to claim 17, Lischka discloses
the method of claim 16, further comprising:
determining a thickness profile of the overlying layer;
[0070] As used in the instant specification, the term substrate can include, for example, a product substrate (e.g., which includes multiple memory or processor dies), a test substrate, a bare substrate, and a gating substrate. The substrate can be at various stages of integrated circuit fabrication, e.g., the substrate can be a bare wafer, or it can include one or more deposited and/or patterned layers. The term substrate can include circular disks and rectangular sheets.
determining, from the thickness profile, to provide differential polishing to an annular region of the substrate;
[0002] An integrated circuit is typically formed on a substrate by the sequential deposition of conductive, semiconductive, or insulative layers on a silicon wafer. One fabrication step involves depositing a filler layer over a non-planar surface and planarizing the filler layer. For certain applications, the filler layer is planarized until the top surface of a patterned layer is exposed. A conductive filler layer, for example, can be deposited on a patterned insulative layer to fill the trenches or holes in the insulative layer. After planarization, the portions of the conductive layer remaining between the raised pattern of the insulative layer form vias, plugs, and lines that provide conductive paths between thin film circuits on the substrate.
adjusting the height of the edge of the annular flexure relative to the central region to provide the differential polishing to an annular region of the substrate.
[0046] The carrier head 70 is movable to selectively position a portion of the substrate 10 over the outer polishing pad 56. In particular, the carrier head 70 can position a first portion of the substrate 10 over the main polishing pad 30 and a second portion of the substrate over the outer polishing pad 56. By selection of the position of the carrier head 70 (and thus substrate 10) in view of the shape and location of the outer polishing surface 54, and by control of the degree of deformation of the flange 50 by the actuator 51, the polishing system 10 can establish a differential in polishing rates in different annular zones on the substrate. This effect can be used to provide correction, e.g., edge-correction, of the substrate 10.
[0037] The inner edge of the annular flange 50 is vertically fixed relative to the top surface of the platen 24. However, the annular flange 50 is vertically deflectable such that an outer edge of the annular flange 50 is vertically movable relative to the inner edge of the annular flange 50. In particular, the polishing system 20 includes an actuator 51 to apply pressure to an underside of the annular flange 50 in an angularly limited region 44, thus deforming a segment of the outer polishing pad 56.
[0044] The actuator 51 can be a mechanical and/or electrical apparatus (see FIG. 4). The actuator 51 can be, for example, an air cylinder 48 mounted to a pivoting arm 49 that can swing upwardly to deform the annular flange 50. The end of the actuator 51 that is in contact with the annular flange 50 can be a wheel 46 that is in static contact with the annular flange 50. The wheel 46 is free to rotate; it need not be driven by a motor. This permits the actuator 51 to apply a vertical force to the annular flange 50 without applying substantial horizontal force (e.g., friction) to the annular flange 50 as it rotates.
[0050] The polishing system 20 can have a second annular flange 60 that projects radially inward from the platen 24 into the aperture 26. If not deflected or deformed, a top surface of the second annular flange 60 is coplanar with the upper surface 38 of the platen 24. The second annular flange 60 has an outer edge that is secured to and rotatable with the platen 24, and the outer edge of the second annular flange 60 is fixed relative to the top surface of the platen 24. The second annular flange 60 can be vertically deflectable such that an inner edge of the annular flange 60 is vertically movable relative to the outer edge when a second actuator 61 applies pressure to an underside of the annular flange 60 in an angularly limited region 44. The second actuator 61 can be, for example, an air cylinder 48 mounted to a pivoting arm 49 that deforms the second annular flange 60.
In regards to claim 18, the method of claim 17,
further comprising continuing the relative motion between the polishing pad (polishing pad 30, fig. 1-6) and the substrate (substrate 10, fig. 1-3 until the annular region of the substrate is within a uniformity threshold of the remaining substrate.
[0042] The annular projection 52a can have a rectangular cross section (perpendicular to the top surface of the flange or to the polishing surface 36). The side walls the annular projection can be vertical, so that as the annular projection wears down, the area affected on the substrate 10 by the annular projection remains the same. The radial position of the projection and width of the projection can selected based on empirically measured non-uniformity measurements for a particular polishing process.
[0051] The carrier head 70 can be movable to selectively position a portion of the substrate 10 over the main polishing pad 30 and the inner polishing pad 66. Where the platen 24 includes the aperture 26, the carrier head 70 can be laterally positioned such that the substrate 10 partially overhangs the hole 31 in the main polishing pad 30 during polishing. Due to the hole 31, the center region of the main polishing pad 30 is not used, which can improve uniformity and reduce defects. For example, the polishing rate near the center of the main pad 30 can have a decreased polishing rate as compared to a more outer portion of the main pad 30, as velocity of the pad increases proportionally as a function of radial distance r from the axis of rotation 25 (see FIG. 2). Therefore, a portion of the main pad 30 with a smaller value of r will have a lower velocity and will have a decreased polishing rate. There is also limited impact to throughput since edge-correction is not part of a separate module. Additionally, the benefit of not requiring a separate module means less footprint is needed in the polishing station for the polishing process within the clean room for the system 20 to perform the polishing of the substrate 10.
[0061] The above described polishing system and methods can be
applied in a variety of polishing systems. Either the polishing pad, or the carrier head, or both can move to provide relative motion between the polishing surface and the substrate. The polishing pad can be a circular (or some other shape) pad secured to the platen. The polishing layer can be a standard (for example, polyurethane with or without fillers) polishing material, a soft material, or a fixed-abrasive material. Terms of relative positioning are used; it should be understood that the polishing surface and substrate can be held in a vertical orientation or some other orientation.
In regards to claim 21, Lischka discloses
a chemical mechanical polishing apparatus, comprising:
a platen (rotatable platen 24, fig. 1-6) to support a polishing pad (polishing pad 30, fig. 1-6), the platen (rotatable platen 24, fig. 1-6) having an upper portion and a lower portion (see fig. 1/6 - ann. 2), the upper portion having a central section (second annular flange 60, see area adjacent to optional hole 31; fig. 1 - ann. 1; [0022]) with an upper surface;
an annular flexure surrounding (annular flange 50, see area adjacent edge; fig. 1 - ann. 1; [0028]-[0029], [0041]) or surrounded by the central section (second annular flange 60, see area adjacent to optional hole 31; fig. 1 - ann. 1; [0022]) and
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having a top surface with a first edge adjacent to and coplanar ([0028, 0041]) with the upper surface and a second edge farther from the central section (see fig. 1 – ann. 2);
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a pressurizable chamber (flexible tubing 603, fig. 6) between the upper portion of the platen and lower portion of platen (between the two in a vertical direction, see fig. 1/6 - ann. 2) such that modifying pressurization of the chamber bends the annular flexure so as to modify a vertical position of the second edge of then annular flexure ([0064]);
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a carrier head (carrier head 70, fig. 1-2; [0025]) to hold a surface of a substrate (substrate 10, fig. 1-3 against the polishing pad (polishing pad 30, fig. 1-6); and a motor (motor 21, fig. 1; [0018-0019]) to generate relative motion between the platen (rotatable platen 24, fig. 1-6) and the carrier head (carrier head 70, fig. 1-2; [0025]) so as to polish an overlying layer on the substrate.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 3 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Lischka (US PG Pub No. 20220266413).
In regards to claim 3, Lischka discloses
the apparatus of claim 2, but fails to explicitly disclose “the annular flexure comprises no more than an outermost 25% by radius of the platen (rotatable platen 24, fig. 1-6).”
Lischka does disclose an aperture occupied by centrally located annular flexures. The aperture having a diameter that can range from 5%-20% of the platen ([0021]), therein a radius that ranges from 5% -20% of the platen’s radius.
Lischka also discloses a teaching regarding maintaining the appropriate distancing for the edge of the polishing pad in order to effectively engage the substrate:
[0041] The outer polishing surface 54 of the outer polishing pad 56 can be annular, and can be concentric with the axis of rotation 25 of the platen. In some implementations, the outer polishing pad 56 includes an annular projection 52a that extends upwardly from a lower layer 52b (see FIG. 5A). The channels 57 can divide the annular projection 52a into a plurality of arcs 53. A top surface of the annular projection 52a provides the outer polishing surface 54. Each arc 53 can have a width w (measured along a radius of the platen). The width w can be uniform angularly along the arc 53. Each arc can have the same dimension, or the widths w can vary from one arc 53 to another. The width w is sufficiently small to permit the outer polishing pad 56 to perform corrective polishing on a narrow portion of the substrate 10, e.g., a region 1 to 30 mm wide, e.g., 1 to 10 mm wide, e.g., 5 to 30 mm wide (e.g., on a 300 mm diameter circular substrate).
Pursuant of MPEP 2144.05.II.A-B (In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955)), it has been found that where the general conditions of a claim are disclosed int he prior art, the discovery of optimum or workable ranges by routine experimentation is not inventive, given a lack of evidence indicating the claimed range is critical:
[0034] The annular flexure 50 extends from the outer edge of the platen 24 by a distance in a range from 5% to 20% of the radius of the polishing pad 30 (e.g., from 5% to 15%, from 5% to 10%, from 10% to 15%, or from 15% to 20%).
As such, it would have been routine optimization to arrive at the claimed invention, as the Supreme Court held that "obvious to try" is a valid rationale for an obviousness finding, for example, when there is a "design need" or "market demand" and there are a "finite number" of solutions. In the case of the instant application, the need to maintain a sufficient distance between the edge of the polishing pad and coverage for the substrate to be polished would have resulted in pursuing adequate sizing of the annular flexure relative to the rest of the platen. .
In regards to claim 14, Lischka discloses
the apparatus of claim 13, but fails to explicitly disclose comprising an annular seal at an outer edge of the annular flexure.
Lischka does disclose an adhesive layer used to secure the polishing pad 30 to the upper surface 28 of the platen:
[0023] The main polishing pad 30 can be secured to the upper surface 28 of the platen 24, for example, by a layer of adhesive. When worn, the main polishing pad 30 can be detached and replaced. The main polishing pad 30 can be a two-layer polishing pad with an outer polishing layer 32 having a polishing surface 36, and a softer backing layer 34.
Lischka discloses that the outer polishing pad similar to the main:
[0030] The polishing system 20 can include an outer polishing pad 56 that is supported by and secured to the annular flange 50. The outer polishing pad 56 can be used to perform corrective polishing on the substrate, e.g., on a portion of the substrate 10 at or near the edge of a substrate 10. The outer polishing pad 56 can having a similar layer structure as the main polishing pad 30, e.g., a polishing layer supported on a backing layer.
Therefore, it would have been obvious to someone of ordinary skill in the art before the
effective filing date of the claimed invention to have modified Lischka to incorporate the teachings of
and provide an adhesive along the annular flexure in order to seal and secure the polishing pad to the flexure, to functionally maintain a connection between the polishing pad and platen.
Claim(s) 15 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Lischka in view of Gurusamy (US PG Pub No. 20200206866).
In regards to claim 15, Lischka discloses
the apparatus of claim 1, but fails to disclose the annular flexure flange “comprises a tapered edge of the platen.”
Gurusamy, which discloses a polishing system includes a platen having a top surface to support a main polishing pad and an annular flange projects radially outward from the platen to support an outer polishing pad, teaches a flexure flange with a tapered edge of the platen:
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Gurusamy and Lischka are considered to be analogous to the claimed invention because they are in the same field of chemical mechanical devices with annular flexures with vertical positions that are adjustable.
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Lischka with the teachings of Gurusamy and provide tapering along a portion of the annular flange, constituting a mere change in shape. A skilled artisan would have been able to modify the annular flexure of Lischka with regards to a desired shape (in this case, a tapered edge) in adapting the annular flexure for a particular application, since such modification would have involved a mere change in the shape of a component. A change in shape is generally recognized as being within the level of ordinary skill in the art (see MPEP 2144.04_IV_B)
In regards to claim 19, Lischka discloses
the method of claim 17, but fails to explicitly disclose that “determining the thickness profile of the overlying layer comprises receiving a signal from an in-situ optical monitoring system indicative of a radially-dependent thickness of the overlying layer.”
Lischka discloses monitoring the real time polishing progress, but fails to disclose it being an “optical monitoring system”.
[0066] The controller 620 can connect to an in-situ monitoring system that can measure real time polishing progress over a substrate under polishing and determine a signal to be sent to the valve through the signal line 607 to adjust how much the valve 605 is turned on.
Gurusamy, which discloses a polishing system includes a platen having a top surface to support a main polishing pad and an annular flange projects radially outward from the platen to support an outer polishing pad, teaches optical monitoring for this purpose.
[0006] In some systems, a substrate is optically monitored in-situ during polishing, e.g., through a window in the polishing pad.
Gurusamy and Lischka are considered to be analogous to the claimed invention because they are in the same field of chemical mechanical devices with annular flexures with vertical positions that are adjustable.
Therefore, it would have been obvious to someone of ordinary skill in the art before the
effective filing date of the claimed invention to have modified Lischka to incorporate the teachings of
Gurusamy and provide an optical monitoring system to functionally observe the substrate during the polishing process and properly implement subsequent to ensure quality wafers are produced.
Allowable Subject Matter
Claims 9-10 are allowed.
The following is a statement of reasons for the indication of allowable subject matter:
Claim 9 has been amended to be written in independent form. In regards to claim 9, which includes the apparatus of claim 1, requires a flexure comprises a downwardly extending flange, and the actuator (contactless actuator 51 or second contactless actuator 61, fig. 1, 5; [0029], [0036-0039], [0041]).
However, Lischka fails to disclose that the actuator is positioned to apply a “horizontal force to the flange.” Lischka is explicit in providing a vertical force to the flange in order to create the deflection, but it is silent to providing a horizontal force. Lischka, nor Gurusamy, disclose or render obvious being capable of applying a horizontal force to the structures recited within that are equivalent to the claimed flange.
As claim 10 is dependent upon claim 9, it is similarly considered allowable.
Conclusion
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 JASON KHALIL HAWKINS whose telephone number is (571)272-5446. The examiner can normally be reached M-F; 8-5PM.
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/JASON KHALIL HAWKINS/Examiner, Art Unit 3723
/BRIAN D KELLER/Supervisory Patent Examiner, Art Unit 3723
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