DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
instant
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 pre-AIA 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 –
(e) the invention was described in (1) an application for patent, published under section 122(b), by another filed in the United States before the invention by the applicant for patent or (2) a patent granted on an application for patent by another filed in the United States before the invention by the applicant for patent, except that an international application filed under the treaty defined in section 351(a) shall have the effects for purposes of this subsection of an application filed in the United States only if the international application designated the United States and was published under Article 21(2) of such treaty in the English language.
Claim(s) 1-2, 11-13 is/are rejected under pre-AIA 35 U.S.C. 102(e) as being anticipated by Aderhold et al. (US 8104951B2).
The applied reference has a common inventor with the instant application. Based upon the pre-AIA 35 U.S.C. 102(e) date of the reference, it constitutes prior art. This rejection under pre-AIA 35 U.S.C. 102(e) might be overcome either by a showing under 37 CFR 1.132 that any invention disclosed but not claimed in the reference was derived from the inventor or joint inventors (i.e., the inventive entity) of this application and is thus not the invention “by another,” or if the same invention is not being claimed, by an appropriate showing under 37 CFR 1.131(a).
Aderhold discloses in reference to claim:
1. A method for substrate processing, comprising: rotating a substrate 110 on a substrate support 104 disposed in a processing volume 102 of a processing chamber; heating the substrate by directing energy (from lamps 114) towards the processing volume; and sampling a sensor 112A-g directed to a radial location at a frequency (100Hz) equal to or higher than a rotation frequency (4Hz) of substrate rotation to measure temperatures at a plurality of points at the radial location.
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2. The method of claim 1, wherein the measured temperatures are temperatures of at least one of the substrate or the substrate support, and the heating of the substrate comprises: directing non pulsed energy towards the processing volume from a heating source 114.
11. The method of claim 1, wherein the frequency of the sampling (100Hz) is higher than the rotation frequency(4Hz) of substrate rotation by multiple times.
12. The method of claim 1, further comprising: measuring temperatures of the substrate at a plurality of points at one or more radial locations; and adjusting at least one of power level, frequency, phase, or amplitude of one or more heating elements according to the measured temperatures of the plurality of points along the radial location corresponding to the one or more heating elements. See Figure 5.
13. The method of claim 12, further comprising determining temperature variations within the one or more radial locations from the measured temperatures, and the adjusting reduces the temperature variations. The goal of the device is to promote temperature uniformity, i.e. to reduce temperature variations across 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 pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter 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 pre-AIA 35 U.S.C. 103(a) 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 15-20, 1-9 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Koren et al. (US 2005/0213949A1) in view of Ranish (US 2007/0238202A1) and/or Aderhold et al. (US 8104951B2)
Koren discloses in reference to claim:
14. A controller 50 comprising software configured to: rotate a substrate on a substrate support; heat the substrate by directing energy towards a processing volume; and adjust at least one of power level, frequency, phase, or amplitude of one or more heating elements according to the measured temperatures of the plurality of points.
Koren does not explicitly disclose the claimed controller sampling a sensor directed to a radial location at a frequency equal to or higher than a rotation frequency of substrate rotation to measure temperatures at a plurality of points at the radial location.
Aderhold discloses a processing method and apparatus including controller sampling a sensor directed to a radial location at a frequency (e.g. 100Hz) equal to or higher than a rotation frequency (e.g. 4 Hz) of substrate rotation to measure temperatures at a plurality of points at the radial location. Aderhold teaches the sensing described provides a thermal map which may show information including: (1) temperature uniformity; (2) peak temperature; (3) time above temperature; and/or (4) temperature gradient (rotational uniformity).
One of skill in the art would have found it obvious to modify the Koren device with the teachings of Aderhold for providing a means of achieving a thermal map which may show information including: (1) temperature uniformity; (2) peak temperature; (3) time above temperature; and/or (4) temperature gradient (rotational uniformity).
15. A processing chamber (See Figure 1) , comprising: a chamber body 12 defining a processing volume; a quartz window 32; a substrate support 15 disposed in the processing volume; a first heating source 24 operable to direct energy towards the processing volume through the quartz window 32 , wherein the first heating source comprises a plurality of heating elements 24 grouped in a heating zone; a temperature sensor configured to measure temperatures at a plurality of locations [For instance, one or more thermocouples may be incorporated into the system for monitoring the temperature of the wafer at a single location or at a plurality of locations. The thermocouples can be placed in direct contact with the wafer or can be placed adjacent the wafer from which the temperature can be extrapolated] ; and a second heating source 40 operable to direct pulsed energy towards the processing volume.
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Koren does not explicitly disclose wherein the first heating source comprises a plurality of heating elements grouped in a plurality of concentric heating zones.
Ranish discloses a similar processing device including a provision of a first heating source comprising a plurality of lamps grouped in a plurality of concentric heating zones 401-406 to better control temperature uniformity across a substrate.
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It would have been obvious to one of skill in the art to modify the Koren device to include the zoned heating configuration as taught by Ranish to better control temperature uniformity across a substrate.
16. The processing chamber of claim 15, wherein the second heating source comprises one or more second heating elements grouped in one or more azimuthally controlled zones. Note that second heating source comprises a plurality of controlled heating elements at least in a single zone.
18. The processing chamber of claim 16, wherein the one or more azimuthally controlled zones are disposed within the plurality of concentric heating zones. Note the at least one azimuthally controlled zone is within the totality of the concentric heating zones.
17. The processing chamber of claim 16, wherein the one or more second heating elements comprise laser diodes, light emitting diodes (LEDs), or lamps 311.
19. The processing chamber of claim 15, further comprising: a system controller 50 operable to adjust at least one of power level, frequency, phase, or amplitude of the pulsed energy from the second heating source.
20. The processing chamber of claim 15, wherein the temperature sensor[s] 411-416 is configured to measure the temperatures along different radial locations in the processing volume.
1. A method for substrate processing, comprising: rotating a substrate on a substrate support disposed in a processing volume of a processing chamber; heating the substrate by directing energy towards the processing volume; and sampling a sensor directed to a radial location at a frequency equal to or higher than a rotation frequency of substrate rotation to measure temperatures at a plurality of points at the radial location. See claims 14-20, mutatis mutandis
2. The method of claim 1, wherein the measured temperatures are temperatures of at least one of the substrate or the substrate support, and the heating of the substrate comprises: directing non pulsed energy towards the processing volume from a heating source. See claims 14-20, mutatis mutandis
3. The method of claim 2, wherein the heating source comprises a plurality of concentric zones that are each independently controllable. Note that the intent of the prior art is to provide uniformity of temperature across the substrate, as Koren and Ranish discuss multiple heating zones, the skilled artisan would understand these zones to preferably independently controlled.
4. The method of claim 2, further comprising: directing pulsed energy towards the processing volume from one or more pulse heating elements, the pulsed energy having a frequency determined by a rotational speed of the substrate. See Aderhold teaching the relation of frequency and rotation.
5. The method of claim 4, wherein the one or more pulsed heating elements are a portion (full portion) of a plurality of heating elements used to heat the substrate, and a remainder of the plurality of heating elements direct the non pulsed energy.
6. The method of claim 4, wherein the one or more pulse heating elements are grouped in one or more azimuthally controlled zones. Ranish teaches the one or more azimuthally controlled zones
7. The method of claim 4, wherein the heating source comprises a plurality of heating elements grouped in a plurality of heating zones, the one or more pulse heating elements are grouped in one or more pulse heating zones, and each of the one or more pulse heating zones has a corresponding heating zone of the same radial coverage. See figures showing the heating zones in Ranish.
8. The method of claim 7, wherein the heating zones and the one or more pulse heating zones form a circle with the one or more pulse heating zones occupying a section of the circle. See figures showing the heating zones in Ranish.
9. The method of claim 4, further comprising: measuring temperatures of the substrate at a plurality of points at one or more radial locations; and adjusting at least one of power level, frequency, phase, or amplitude of the one or more pulse heating elements according to the measured temperatures of the plurality of points along the radial location corresponding to the one or more pulsed heating elements. See Figure 5 of Ranish and figure 5 of Aderhold.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-4, 6-13 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 8714977. Although the claims at issue are not identical, they are not patentably distinct from each other because the instant claims are merely broader in scope and it has been held that the broad scope is anticipated by the narrower scope of the patented claims. Specifically regarding instant claim:
Instant 1. A method for substrate processing, comprising: rotating a substrate on a substrate support disposed in a processing volume of a processing chamber; heating the substrate by directing energy towards the processing volume; and sampling a sensor directed to a radial location at a frequency equal to or higher than a rotation frequency of substrate rotation to measure temperatures at a plurality of points at the radial location.
The subject matter claimed in the instant application is fully disclosed in the patent and is covered by the patent since the patent and the application are claiming common subject matter, as follows (see bold type showing overlap of subject matter):
1. A method for processing a substrate, comprising: placing a substrate on a substrate support disposed in a processing volume of a processing chamber; rotating the substrate; heating the substrate by directing radiant energy towards the processing volume, wherein at least a portion of the radiant energy is pulsed energy having a frequency determined by a rotational speed of the substrate; and sampling a sensor directed to a radial location at a frequency higher than the frequency of substrate rotation by multiple times to measure temperature of the substrate at a plurality of points on the radial location.
.
instant 2. The method of claim 1, wherein the measured temperatures are temperatures of at least one of the substrate or the substrate support, and the heating of the substrate comprises: directing non pulsed energy towards the processing volume from a heating source.
2. The method of claim 1, wherein heating the substrate comprises: directing non pulsed energy towards the processing volume from a main heating source; and directing pulsed energy towards the processing volume from one or more pulse heating elements.
instant 3. The method of claim 2, wherein the heating source comprises a plurality of concentric zones that are each independently controllable.
3. The method of claim 2, wherein the main heating source comprises a plurality of concentric zones each independently controllable.
instant 4. The method of claim 2, further comprising: directing pulsed energy towards the processing volume from one or more pulse heating elements, the pulsed energy having a frequency determined by a rotational speed of the substrate. See portions of patented claim 1
instant 6. The method of claim 4, wherein the one or more pulse heating elements are grouped in one or more azimuthally controlled zones.
4. The method of claim 3, wherein the one or more pulse heating elements are grouped in one or more azimuthally controlled zones.
instant 7. The method of claim 4, wherein the heating source comprises a plurality of heating elements grouped in a plurality of heating zones, the one or more pulse heating elements are grouped in one or more pulse heating zones, and each of the one or more pulse heating zones has a corresponding heating zone of the same radial coverage.
13. The method of claim 12, wherein the pulse heating source includes a plurality of pulse heating zones, wherein each of the plurality of pulse heating zones has a corresponding main heating zone of the same radial coverage.
instant 8. The method of claim 7, wherein the heating zones and the one or more pulse heating zones form a circle with the one or more pulse heating zones occupying a section of the circle.
instant 9. The method of claim 4, further comprising: measuring temperatures of the substrate at a plurality of points at one or more radial locations; and adjusting at least one of power level, frequency, phase, or amplitude of the one or more pulse heating elements according to the measured temperatures of the plurality of points along the radial location corresponding to the one or more pulsed heating elements.
5. The method of claim 3, further comprising: measuring the temperature of the substrate comprises measuring a plurality of points at each one of a plurality of radial locations; and adjusting at least one of frequency, phase and amplitude of the one or more pulse heating elements according to temperature measurements of the plurality of points along the radial location corresponding to the one or more pulsed heating elements.
instant 10. The method of claim 9, wherein the one or more pulse heating elements have the same frequency as the rotation frequency of substrate rotation, and the adjusting of the one or more pulse heating elements comprises striking a peak power level of the one or more pulse heating elements toward a point with a lowest temperature within each radial location.
19. The method of claim 18, wherein the pulse heat source has the same frequency as the frequency of substrate rotation, and adjusting the pulse heat source comprises striking peak power level of the pulse heat source toward the point with a lowest temperature within each radial location.
instant 11. The method of claim 1, wherein the frequency of the sampling is higher than the rotation frequency of substrate rotation by multiple times. See portions of patented claim 1 above
instant 12. The method of claim 1, further comprising: measuring temperatures of the substrate at a plurality of points at one or more radial locations; and adjusting at least one of power level, frequency, phase, or amplitude of one or more heating elements according to the measured temperatures of the plurality of points along the radial location corresponding to the one or more heating elements.
5. The method of claim 3, further comprising: measuring the temperature of the substrate comprises measuring a plurality of points at each one of a plurality of radial locations; and adjusting at least one of frequency, phase and amplitude of the one or more pulse heating elements according to temperature measurements of the plurality of points along the radial location corresponding to the one or more pulsed heating elements.
instant 13. The method of claim 12, further comprising determining temperature variations within the one or more radial locations from the measured temperatures, and the adjusting reduces the temperature variations.
9. The method of claim 5, further comprising: determining temperature variations within one or more of the plurality of radial locations from the temperature measurements; and adjusting phase of the one or more pulse heating elements corresponding to the one or more of the plurality of radial locations to reduce the temperature variations within the one or more of the plurality of radial locations.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THOR S CAMPBELL whose telephone number is (571)272-4776. The examiner can normally be reached M,W-F 6:30-10:30, 12-4.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ibrahime Abraham can be reached at 5712705569. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/THOR S CAMPBELL/
Primary Examiner
Art Unit 3761
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