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
In response to the amendment filed on 03/16/2026, claims 1 and 8 have been amended. Claims 1-14 are pending and under examination.
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.
Claims 1, 4, 6, 8, 11, and 13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Nabeya et al. (US 2020/0043773, cited on 07/18/2023 IDS, hereinafter Nabeya).
Regarding claim 1, Nabeya discloses a polishing method for a wafer using a polishing head having a plurality of pressure chambers formed by an elastic membrane (¶ 0006, a method for polishing a wafer by using a polishing head including a plurality of pressure chambers formed of an elastic film), comprising:
forming a positive pressure in a first pressure chamber and forming a negative pressure in a second pressure chamber to move fluid present between an upper surface of the wafer and the first pressure chamber outward, the plurality of pressure chambers including the first pressure chamber and the second pressure chamber located outwardly of and adjacent to the first pressure chamber; then forming a positive pressure in the second pressure chamber and forming a negative pressure in a third pressure chamber to move the fluid present between the upper surface of the wafer and the second pressure chamber outward, the plurality of pressure chambers further including the third pressure chamber located outwardly of and adjacent to the second pressure chamber; then forming a positive pressure in an outermost pressure chamber of the plurality of pressure chambers to move the fluid present between the upper surface of the wafer and the outermost pressure chamber outward to thereby cause the fluid to flow out from the upper surface of the wafer (¶ 0136 and fig. 6, 7, 8A, 8B, a pressure adjustment unit 72 is connected one ends of the flow paths 141 to 146 and individually adjusts pressures of areas 131 to 135; ¶ 0276-78 and figs. 27-30, positive pressure is applied to center pressures chambers 25A, 25B, 25C, then an operation controller opens a vacuum valve and generates vacuum [equivalent to the recited negative pressure] in the pressure chamber 25D, which is located outwardly of and adjacent to the center pressure chambers so that the elastic film pushes out the liquid Q existing on the upper surface of the wafer W to the outside; ¶ 0289-90 and figs. 35-36, in another embodiment, the pressure chambers 25B, C, D, which are located outwardly and adjacent to the center pressure chamber 25A form the vacuum/negative pressure while the center pressure chamber 25A is pressurized so that the liquid Q is pushed out. The pressure chambers are supplied with gas in an order of pressure chambers 25B, 25C, and 25D. Therefore, the pressure chamber 25B [corresponds to the recited second pressure chamber] would form the negative pressure while the center pressure chamber 25A is in the positive pressure, and then the pressure chamber 25C [corresponds to the recited third pressure chamber] would form the negative pressure while the pressure chambers 25A and 25B are in the positive pressure), and then
pressing a lower surface of the wafer against a polishing surface with the elastic membrane to polish the lower surface of the wafer (¶ 0305, after the liquid Q is removed from the upper surface of the wafer W, a polishing head 1 carries the wafer W to a polishing position above a polishing pad 2 and presses the lower surface of the wafer W against a polishing surface of the polishing pad by the elastic film 34).
Regarding claim 4, Nabeya discloses the polishing method as in the rejection of claim 1, wherein
a timing to start forming the negative pressure in the second pressure chamber is prior to a timing to start forming the positive pressure in the first pressure chamber (Nabeya, the negative pressure is formed in the second pressure chamber 25B as shown in fig. 35 and then the positive pressure is formed in the first pressure chamber 25A as shown in fig. 36) and
a timing to start forming the negative pressure in the third pressure chamber is prior to a timing to start forming the positive pressure in the second pressure chamber (Nabeya, the negative pressure is formed in the third pressure chamber 25C as shown in fig. 35 and then the positive pressure is formed in the second pressure chamber 25B as shown in fig. 36. Nabeya teaches the pressure adjustment unit 72 makes it possible for each pressure chamber to be pressurized individually (¶ 0136), thus the pressure adjustment unit can adjust timing of pressurization for each pressure chamber).
Regarding claim 6, Nabeya discloses the polishing method as in the rejection of claim 1, wherein the first pressure chamber is located at a central portion of the elastic membrane (Nabeya fig. 25, the pressure chamber 25A is the first pressure chamber located at a central portion of the elastic film 34).
Regarding claim 8, Nabeya discloses a polishing apparatus for polishing a wafer (fig. 2, polishing apparatus 300), comprising:
a polishing head having a plurality of pressure chambers formed by an elastic membrane, the polishing head being configured to press the wafer against a polishing surface with the plurality of pressure chambers, the plurality of pressure chambers including a first pressure chamber, a second pressure chamber located outwardly of and adjacent to the first pressure chamber, and a third pressure chamber located outwardly of and adjacent to the second pressure chamber (fig. 25 and ¶ 0259, a polishing head 1 has a plurality of pressure chambers made by an elastic film. The plurality of pressure chambers comprises a first pressure chamber 25A, a second pressure chamber 25B, and a third pressure chamber 25C disposed radially from a center; ¶ 0305, the polishing head 1 carries the wafer W to a polishing position above a polishing pad 2 and presses the lower surface of the wafer W against a polishing surface of the polishing pad by the elastic film 34); and
an operation controller configured to control an operation of the polishing apparatus (¶ 0115, a controller 700 controls an operation of each device of the substrate processing apparatus), the operation controller being configured to instruct the polishing apparatus to:
form a positive pressure in the first pressure chamber and form a negative pressure in the second pressure chamber to move fluid present between an upper surface of the wafer and the first pressure chamber outward; form a positive pressure in the second pressure chamber and form a negative pressure in the third pressure chamber to move the fluid present between the upper surface of the wafer and the second pressure chamber outward; form a positive pressure in an outermost pressure chamber of the plurality of pressure chambers to move the fluid present between the upper surface of the wafer and the outermost pressure chamber outward to thereby cause the fluid to flow out from the upper surface of the wafer (¶ 0136 and fig. 6, 7, 8A, 8B, a pressure adjustment unit 72 is connected one ends of the flow paths 141 to 146 and individually adjusts pressures of areas 131 to 135; ¶ 0276-78 and figs. 27-30, positive pressure is applied to center pressures chambers 25A, 25B, 25C, then an operation controller opens a vacuum valve and generates vacuum [equivalent to the recited negative pressure] in the pressure chamber 25D, which is located outwardly of and adjacent to the center pressure chambers so that the elastic film pushes out the liquid Q existing on the upper surface of the wafer W to the outside; ¶ 0289-90 and figs. 35-36, in another embodiment, an operation controller 9 instructs pressure regulators render the pressure chambers 25B, C, D, which are located outwardly and adjacent to the center pressure chamber 25A, form the vacuum/negative pressure while the center pressure chamber 25A is pressurized so that the liquid Q is pushed out. The pressure chambers are supplied with gas in an order of pressure chambers 25B, 25C, and 25D. Therefore, the pressure chamber 25B [corresponds to the recited second pressure chamber] would form the negative pressure while the center pressure chamber 25A is in the positive pressure, and then the pressure chamber 25C [corresponds to the recited third pressure chamber] would form the negative pressure while the pressure chambers 25A and 25B are in the positive pressure), and then
press a lower surface of the wafer against the polishing surface with the elastic membrane to polish the lower surface of the wafer (¶ 0305, after the liquid Q is removed from the upper surface of the wafer W, a polishing head 1 carries the wafer W to a polishing position above a polishing pad 2 and presses the lower surface of the wafer W against a polishing surface of the polishing pad by the elastic film 34).
Regarding claim 11, Nabeya discloses the polishing apparatus as in the rejection of claim 8, wherein the operation controller (Nabeya ¶ 0115, a controller 700 controls an operation of each device of the substrate processing apparatus) is configured to:
operate the polishing apparatus such that a timing to start forming the negative pressure in the second pressure chamber is prior to a timing to start forming the positive pressure in the first pressure chamber (Nabeya, the negative pressure is formed in the second pressure chamber 25B as shown in fig. 35 and then the positive pressure is formed in the first pressure chamber 25A as shown in fig. 36); and
operate the polishing apparatus such that a timing to start forming the negative pressure in the third pressure chamber is prior to a timing to start forming the positive pressure in the second pressure chamber (Nabeya, the negative pressure is formed in the third pressure chamber 25C as shown in fig. 35 and then the positive pressure is formed in the second pressure chamber 25B as shown in fig. 36. Nabeya teaches the pressure adjustment unit 72 makes it possible for each pressure chamber to be pressurized individually (¶ 0136), thus the pressure adjustment unit can adjust timing of pressurization for each pressure chamber).
Regarding claim 13, Nabeya discloses the polishing apparatus as in the rejection of claim 8, wherein the first pressure chamber is located at a central portion of the elastic membrane (Nabeya fig. 25, the pressure chamber 25A is the first pressure chamber located at a central portion of the elastic film 34).
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 2, 3, 5, 9, 10, and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Nabeya, as applied to claims 1 and 8 above respectively, in view of Son et al. (KR 101786484B1, hereinafter Son).
Regarding claim 2, Nabeya discloses the polishing method as in the rejection of claim 1, but does not disclose explicitly a timing to start forming the positive pressure in the first pressure chamber is the same as a timing to start forming the negative pressure in the second pressure chamber.
Son teaches, in an analogous chemical mechanical polishing (CMP) field of endeavor, a timing to start forming the positive pressure in the first pressure chamber is the same as a timing to start forming the negative pressure in the second pressure chamber (fig. 2b and Son English translation, p. 3:28-32, a pressure regulator 50 applies the positive pressure in the first/center pressure chamber and the negative pressure in the second pressure chamber, located outwardly of the first pressure chamber, at the same time).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the polishing method of Nabeya to provide the positive pressure in the first pressure chamber and the negative pressure in the second pressure chamber at the same time in order to form a space between pressure chamber membrane and a wafer (Son English translation, p. 3:29-31).
Nabeya as modified by Son does not disclose explicitly a timing to start forming the positive pressure in the second pressure chamber is the same as a timing to start forming the negative pressure in the third pressure chamber.
However, Nabeya teaches the pressure adjustment unit 72 is connected one ends of the flow paths 141 to 146 and individually adjusts pressures of areas 131 to 135 (¶ 0136). Because Son teaches the positive pressure and the negative pressure are applied to the first and second pressure chambers respectively at the same time, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the polishing method of Nabeya as modified by Son to apply the positive pressure in the second pressure chamber and the negative pressure in the third pressure chamber in order to form a space between pressure chamber membrane and a wafer at a position of the third pressure chamber. MPEP 2112.02(I) states when a prior art device is the same as a device described in the specification for carrying out the claimed method, it can be assumed the device will inherently perform the claimed process. Thus, Nabeya as modified by Son teaches applying the positive and negative pressures to the second and third pressure chambers respectively at the same time.
Regarding claim 3, Nabeya as modified by Son teaches the polishing method as in the rejection of claim 2, wherein forming the negative pressure in the second pressure chamber includes lowering a pressure in the second pressure chamber to a negative-pressure set value (Son English translation, p. 6:34-36, the negative pressure in the second pressure chamber is held at a predetermined magnitude), and then establishing a fluid communication between the second pressure chamber and the atmosphere (Nabeya ¶ 0136, after pressurizing the pressure chamber, the pressure adjustment unit 72 depressurizes and opens the pressure chamber to the atmosphere).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the polishing method of Nabeya as modified by Son to provide the negative pressure at the set value as taught by Son because too much negative pressure may damage the elastic membrane of the pressure chamber.
Nabeya as modified by Son does not disclose explicitly forming the negative pressure in the third pressure chamber includes lowering a pressure in the third pressure chamber to a negative-pressure set value, and then establishing a fluid communication between the third pressure chamber and the atmosphere.
However, Nabeya as modified by Son teaches forming the negative pressure in the second pressure chamber at the set value and then establishing the fluid communication between the second pressure chamber and the atmosphere. Then, as discussed earlier, MPEP 2112.02(I) states when a prior art device is the same as a device described in the specification for carrying out the claimed method, it can be assumed the device will inherently perform the claimed process. Thus, the negative pressure in the third pressure chamber can be formed at the set value, and then the fluid communication can be established between the third pressure chamber and the atmosphere.
Regarding claim 5, Nabeya discloses the polishing method as in the rejection of claim 4, but does not disclose explicitly forming the negative pressure in the second pressure chamber includes lowering a pressure in the second pressure chamber to a negative-pressure set value.
Son teaches, in an analogous CMP field of endeavor, forming the negative pressure in the second pressure chamber includes lowering a pressure in the second pressure chamber to a negative-pressure set value (Son English translation, p. 6:34-36, the negative pressure in the second pressure chamber is held at a predetermined magnitude).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the polishing method of Nabeya to provide lowering the pressure to the negative-pressure set value as taught by Son for accurate pressure manipulation of the pressure chamber.
Nabeya as modified by Son teaches then releasing the negative pressure in the second pressure chamber (Nabeya ¶ 0136, after pressurizing the pressure chamber, the pressure adjustment unit 72 depressurizes the pressure chamber), but does not disclose explicitly forming the positive pressure in the first pressure chamber is performed during releasing of the negative pressure in the second pressure chamber.
However, Nabeya teaches, in ¶ 0136, the pressure adjustment unit 72 pressurizes and depressurizes the pressure chambers individually. In addition, as discussed earlier, MPEP 2112.02(I) states it can be assumed the same device of a prior art will inherently perform the claimed process, the positive pressure can be formed in the first pressure chamber during releasing of the negative pressure in the second pressure chamber.
Then Nabeya as modified by Son teaches forming the negative pressure in the third pressure chamber includes lowering a pressure in the third pressure chamber to a negative-pressure set value, and then releasing the negative pressure in the third pressure chamber, and
forming the positive pressure in the second pressure chamber is performed during releasing of the negative pressure in the third pressure chamber because the same procedure can be applied to the third pressure camber and the second pressure chamber respectively.
Regarding claim 9, Nabeya discloses the polishing apparatus as in the rejection of claim 8, wherein the operation controller is configured to operate the polishing apparatus (Nabeya ¶ 0115, a controller 700 controls an operation of each device of the substrate processing apparatus), but does not disclose explicitly the operation controller is configured to operate the polishing apparatus such that a timing to start forming the positive pressure in the first pressure chamber is the same as a timing to start forming the negative pressure in the second pressure chamber.
Son teaches, in the analogous CMP field of endeavor, the operation controller is configured to operate the polishing apparatus such that a timing to start forming the positive pressure in the first pressure chamber is the same as a timing to start forming the negative pressure in the second pressure chamber (Son fig. 2b and Son English translation, p. 3:28-32, a pressure regulator 50 applies the positive pressure in the first/center pressure chamber and the negative pressure in the second pressure chamber, located outwardly of the first pressure chamber, at the same time).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the polishing apparatus of Nabeya to provide the positive pressure in the first pressure chamber and the negative pressure in the second pressure chamber at the same time in order to form a space between pressure chamber membrane and a wafer (Son English translation, p. 3:29-31).
Nabeya as modified by Son does not disclose explicitly the operation controller is configured to operate the polishing apparatus such that a timing to start forming the positive pressure in the second pressure chamber is the same as a timing to start forming the negative pressure in the third pressure chamber.
However, Nabeya teaches the pressure adjustment unit 72 is connected one ends of the flow paths 141 to 146 and individually adjusts pressures of areas 131 to 135 (¶ 0136). Because Son teaches the positive pressure and the negative pressure are applied to the first and second pressure chambers respectively at the same time, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the polishing apparatus of Nabeya as modified by Son to apply the positive pressure in the second pressure chamber and the negative pressure in the third pressure chamber in order to form a space between pressure chamber membrane and a wafer at a position of the third pressure chamber. MPEP 2112.02(I) states when a prior art device is the same as a device described in the specification for carrying out the claimed method, it can be assumed the device will inherently perform the claimed process. Thus, Nabeya as modified by Son teaches applying the positive and negative pressures to the second and third pressure chambers respectively at the same time.
Regarding claim 10, Nabeya as modified by Son teaches the polishing apparatus as in the rejection of claim 9, wherein the operation controller (Nabeya ¶ 0115, a controller 700 controls an operation of each device of the substrate processing apparatus) is configured to:
operate the polishing apparatus such that forming the negative pressure in the second pressure chamber includes lowering a pressure in the second pressure chamber to a negative- pressure set value (Son English translation, p. 6:34-36, the negative pressure in the second pressure chamber is held at a predetermined magnitude), and then establishing a fluid communication between the second pressure chamber and the atmosphere (Nabeya ¶ 0136, after pressurizing the pressure chamber, the pressure adjustment unit 72 depressurizes and opens the pressure chamber to the atmosphere).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the polishing apparatus of Nabeya as modified by Son to provide the negative pressure at the set value as taught by Son because too much negative pressure may damage the elastic membrane of the pressure chamber.
Nabeya as modified by Son does not disclose explicitly the operation controller is configured to operate the polishing apparatus such that forming the negative pressure in the third pressure chamber includes lowering a pressure in the third pressure chamber to a negative-pressure set value, and then establishing a fluid communication between the third pressure chamber and the atmosphere.
However, Nabeya as modified by Son teaches forming the negative pressure in the second pressure chamber at the set value and then establishing the fluid communication between the second pressure chamber and the atmosphere. Then, as discussed earlier, MPEP 2112.02(I) states when a prior art device is the same as a device described in the specification for carrying out the claimed method, it can be assumed the device will inherently perform the claimed process. Thus, the negative pressure in the third pressure chamber can be formed at the set value, and then the fluid communication can be established between the third pressure chamber and the atmosphere.
Regarding claim 12, Nabeya discloses the polishing apparatus as in the rejection of claim 11, wherein the operation controller is configured to operate the polishing apparatus (Nabeya ¶ 0115, a controller 700 controls an operation of each device of the substrate processing apparatus), but does not disclose explicitly the operation controller is configured to operate the polishing apparatus such that forming the negative pressure in the second pressure chamber includes lowering a pressure in the second pressure chamber to a negative- pressure set value.
Son teaches, in the analogous CMP field of endeavor, the operation controller is configured to operate the polishing apparatus such that forming the negative pressure in the second pressure chamber includes lowering a pressure in the second pressure chamber to a negative- pressure set value (Son English translation, p. 6:34-36, the negative pressure in the second pressure chamber is held at a predetermined magnitude).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the polishing apparatus of Nabeya to provide lowering the pressure to the negative-pressure set value as taught by Son for accurate pressure manipulation of the pressure chamber.
Nabeya as modified by Son teaches then releasing the negative pressure in the second pressure chamber (Nabeya ¶ 0136, after pressurizing the pressure chamber, the pressure adjustment unit 72 depressurizes the pressure chamber), but does not disclose explicitly forming the positive pressure in the first pressure chamber being performed during releasing of the negative pressure in the second pressure chamber.
However, Nabeya teaches, in ¶ 0136, the pressure adjustment unit 72 pressurizes and depressurizes the pressure chambers individually. In addition, as discussed earlier, MPEP 2112.02(I) states it can be assumed the same device of a prior art will inherently perform the claimed process, the positive pressure can be formed in the first pressure chamber during releasing of the negative pressure in the second pressure chamber.
Then Nabeya as modified by Son teaches forming the negative pressure in the third pressure chamber includes lowering a pressure in the third pressure chamber to a negative-pressure set value, and then releasing the negative pressure in the third pressure chamber, forming the positive pressure in the second pressure chamber being performed during releasing of the negative pressure in the third pressure chamber because the same procedure can be applied to the third pressure camber and the second pressure chamber respectively.
Claims 7 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Nabeya, as applied to claims 1 and 8 above respectively.
Regarding claim 7, Nabeya discloses the polishing method as in the rejection of claim 1, wherein
forming the positive pressure in the first pressure chamber includes increasing a pressure in the first pressure chamber to a first positive-pressure set value, and then maintaining the pressure in the first pressure chamber at the first positive-pressure set value (Nabeya ¶ 0276-78 and figs. 27-30, positive pressure is applied to center pressures chambers 25A, 25B, 25C so that the elastic film pushes out the liquid Q existing on the upper surface of the wafer W to the outside; ¶ 0378, the maximum positive pressure is 500 hPa or 1000 hPa so that the membrane is prevented from swelling too much. Thus, Nabeya teaches the set pressure does not exceed the maximum pressure value. On the other hand, claim does not define how long the pressure is maintained, thus any time spent for applying the positive set pressure satisfies the claim limitations. It is reasonable that the pressure would be applied for some time in order to push the liquid out).
Nabeya does not disclose explicitly forming the positive pressure in the second pressure chamber includes increasing a pressure in the second pressure chamber to a second positive-pressure set value, and then maintaining the pressure in the second pressure chamber at the second positive-pressure set value.
However, Nabeya teaches forming the positive pressure in the first pressure chamber to the first positive-pressure set value and maintaining the pressure value. Then, MPEP 2112.02(I) states when a prior art device is the same as a device described in the specification for carrying out the claimed method, it can be assumed the device will inherently perform the claimed process. Thus, the positive pressure in the second pressure chamber can be formed at the set value and maintained.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the polishing method of Nabeya to provide the increasing and maintaining pressure at the set value in the second pressure chamber in order to make sure flow of liquid does not reverse to the center pressure chamber.
Regarding claim 14, Nabeya discloses the polishing apparatus as in the rejection of claim 8, wherein the operation controller (Nabeya ¶ 0115, a controller 700 controls an operation of each device of the substrate processing apparatus) is configured to:
operate the polishing apparatus such that forming the positive pressure in the first pressure chamber includes increasing a pressure in the first pressure chamber to a first positive-pressure set value, and then maintaining the pressure in the first pressure chamber at the first positive-pressure set value (Nabeya ¶ 0276-78 and figs. 27-30, positive pressure is applied to center pressures chambers 25A, 25B, 25C so that the elastic film pushes out the liquid Q existing on the upper surface of the wafer W to the outside; ¶ 0378, the maximum positive pressure is 500 hPa or 1000 hPa so that the membrane is prevented from swelling too much. Thus, Nabeya teaches the set pressure does not exceed the maximum pressure value. On the other hand, claim does not define how long the pressure is maintained, thus any time spent for applying the positive set pressure satisfies the claim limitations. It is reasonable that the pressure would be applied for some time in order to push the liquid out).
Nabeya does not disclose explicitly the operation controller is configured to operate the polishing apparatus such that forming the positive pressure in the second pressure chamber includes increasing a pressure in the second pressure chamber to a second positive-pressure set value, and then maintaining the pressure in the second pressure chamber at the second positive-pressure set value.
However, Nabeya as modified by Son teaches forming the positive pressure in the first pressure chamber to the first positive-pressure set value and maintaining the pressure value. Then, as discussed earlier, MPEP 2112.02(I) states when a prior art device is the same as a device described in the specification for carrying out the claimed method, it can be assumed the device will inherently perform the claimed process. Thus, the positive pressure in the second pressure chamber can be formed at the set value and maintained.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the polishing apparatus of Nabeya to provide the increasing and maintaining pressure at the set value in the second pressure chamber in order to make sure flow of liquid does not reverse to the center pressure chamber.
Response to Arguments
Applicant’s arguments with respect to claims 1 and 8 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Applicant argues Nabeya and Son do not teach or suggest the claimed sequence of pressure application across pressure chambers. Examiner respectfully disagrees.
In response to the amendments, Examiner revised the rejection. While Nabeya teaches clearly concept of pushing the liquid out of a polishing surface of a wafer by applying the positive pressure to an inner pressure chamber and the negative pressure to an outer pressure chamber (fig. 28), Nabeya also teaches applying individually different positive and negative pressure to pressure chambers located outwardly of and adjacent to the center pressure chamber (figs. 35-36). In addition, the operation controller instructs to supply the compressed gas into each pressure chamber in the order from the center chamber to the outer chamber (¶ 0290). Therefore, Nabeya teaches applying the negative pressure to the outer pressure chamber sequentially in order to move the fluid out from the surface of the wafer.
Applicant argues Son’s pressure application is not for the purpose of moving fluid outward so that there is no motivation to combine Son with Nabeya. Applicant further argues Son does not provide articulated reasoning to support the legal conclusion of obviousness. Examiner respectfully disagrees. However, Nabeya already teaches moving the fluid outward by applying pressure to the pressure chambers, and Son further teaches each pressure chamber can be controlled in applying the negative pressure. By applying the negative pressure, it forms a space between the pressure chamber and the surface of the wafer (Son English translation, p. 3:29-31), and the space can be used for moving the fluid.
The court rejects notion that “an express written motivation to combine must appear in prior art references” (MPEP 2143.01(I)). What Nabeya does not teach is the pressure control of the individual pressure chamber, but Son teaches the deficiency.
Applicant argues the references do not disclose or suggest the claimed choreography and it is improper to invoke inherency rationale.
Examiner notes that the revised rejection does not present the same prior art device carrying out the claimed method (MPEP 2112.02(I)) for the sequential pressure chamber operation recited in claims 1 and 8. However, Examiner still presents the same device rationale regarding the exact timing of the pressure application in the subsequent pressure chambers. Nabeya and Son disclose the carrier head having pressure chambers wherein the pressure in the individual pressure chamber can be controlled. Because, for example, Son teaches applying the positive pressure to the center pressure chamber and the negative pressure to the second pressure chamber at the same time (Son fig. 2b) and Nabeya teaches depressurizing and opening the pressure chamber to the atmosphere (Nabeya ¶ 0136), the subsequent pressure application or pressure release to the atmosphere would be carried out by the same device of Nabeya or Son.
Applicant argues claim 8 does not recite a controller that is merely capable of adjusting pressure, but the controller is configured to orchestrate a multi-stage, time-ordered sequence of pressure operations across adjacent pressure chambers, thus Nabeya and Son do not teach the recited claim limitations. Examiner respectfully disagrees.
Claim 8 is the apparatus claim reciting that the operation controller is configured to control the operation of the polishing apparatus as recited. Nabeya teaches the application of pressure to the pressure chambers in the order from the center chamber to the outer chambers. This sequential pressure application is operated by the operation controller 9 (¶ 0290). Therefore, Nabeya clearly teaches the control of the pressure chambers for moving the fluid is achieved by the operation controller.
Conclusion
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/SUKWOO JAMES CHANG/Examiner, Art Unit 3723
