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 .
Response to Amendment
Applicant's amendment filed 4/2/2026 has been received and entered into the record. As a result, claims 1, 3-7, 10, 15, 16, 17, 18, 19, and 20 have been amended. Therefore, claims 1-20 are presented for examination.
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 1-20 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1-20 of copending Application No. 18/244,197 (reference application) in view of Cimino et al. [U.S. Pub. 2021/0022212]. Although the claims at issue are not identical, they are not patentably distinct from each other as demonstrated below.
Instant Application
Application 18/244,197 (not in order)
1. A method comprising:
identifying property data associated with a substrate support system;
identifying target performance data associated with the substrate support system;
1. A method comprising:
identifying property data associated with a substrate support system;
identifying target performance data associated with the substrate support system; and
wherein the target performance data comprises one or more of a target etch map or a target deposition map associated with an upper surface of the substrate support system;
5. The method of claim 1, wherein the target performance data comprises one or more of a target heat map, a target etch map, or a target deposition map associated with an upper surface of the substrate support system.
determining, based on the property data and the target performance data, zone configuration data associated with the substrate support system; and
causing, based on the property data and the target performance data, performance of one or more material operations on the substrate support system
Cimino et al. [par. 0043]
causing the substrate support system to be at least one or manufactured or controlled to produce substrates based on the zone configuration data.
causing, based on the property data and the target performance data, performance of one or more material operations on the substrate support system
2.
3.
3.
6.
4.
Cimino et al. [fig. 4]
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5.
6.
4.
7.
5.
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7.
9.
8.
10.
10.
11.
Cimino et al. [pars. 0042-043]
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Cimino et al. [pars. 0042-043]
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Cimino et al. [pars. 0042-043]
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Cimino et al. [pars. 0042-043]
15.
1.
16.
6.
17.
5.
18.
1.
19.
6.
20.
5.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
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.
Claims 1, 2, 4-9, 11-15, 17, 18, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Cimino et al. [U.S. Pub. 2021/0022212] ("Cimino") in view of Mori et al. [US Pub. 2017/0051406] ("Mori").
With regard to claim 1, Cimino teaches a method comprising:
identifying property data associated with a substrate support system [fig. 1: Processing Chamber (100) and Substrate Support Assembly (126)] ("At block 1330, the real-time temperature feedback data is provided as an input to a closed-loop process control algorithm. Examples of process control algorithms have been discussed with reference to FIGS. 10-12 [par. 0085]");
identifying target performance data associated with the substrate support system ("At block 1340, targeted value of heater temperature for each heating zone is provided as another input to the closed-loop process control algorithm. The targeted value of heater temperature is calculated by a model, such as a wafer-temperature-to-heater temperature model. The wafer temperature is a function of process parameters, such as showerhead temperature, chamber pressure, distance of the heater from the showerhead etc., as shown in FIGS. 6, 7, and 10 [par. 0086]");
determining, based on the property data and the target performance data, zone configuration data associated with the substrate support system ("The closed-loop heater temperature control algorithm 1114 outputs targeted heater power 1116 based on the targeted heater temperature 110 and the heater temperature feedback 1108, which is communicated to heater electronics 1118 to achieve independent control of a heating zone [par. 0076]" and "At block 1360, chamber hardware is controlled to match the targeted value of heater temperature that is correlated with optimum values of process parameters [par. 0088]"); and
causing the substrate support system to be at least one of manufactured or controlled to produce substrates based on the zone configuration data ("semiconductor manufacturing [par. 0001]" and "At block 1360, chamber hardware is controlled to match the targeted value of heater temperature that is correlated with optimum values of process parameters [par. 0088]").
Cimino does not explicitly teach wherein the target performance data comprises one or more of a target etch map or a target deposition map associated with an upper surface of the substrate support system.
In an analogous art (substrate processing), Mori teaches wherein target performance data comprises one or more of a target etch map or a target deposition map associated with an upper surface of a substrate support system ("a film thickness distribution and a film quality distribution selected as desired can be realized while correcting the center-edge relationship, the influence of the existence of the gas exhaust part 40 and the influence of the existence of the gate valve 102 [par. 0091]").
Mori further teaches, "in the etching step, there is a possibility of in-plane nonuniformity of the amount of etching. In such a case, the in-plane nonuniformity should be inhibited by adjusting conditions for the etching step [par. 0064]" and "a demand is made for intentionally making nonuniform the film quality or film thickness of the film formed in the film forming step in order to absorb an in-plane nonuniformity of the amount of etching [par. 0065]."
Because Cimino teaches the need to achieve uniformity of temperature control across the surface of a substrate via a substrate support system [pars. 0002-0004], it would have been obvious to one having ordinary skill in the art at the time of filing the invention to have included Mori's teachings of a target deposition, with the teachings of Cimino, for the benefit of compensating for various nonuniformities.
Note: claim is presented in the alternative.
With regard to claim 2, the combination above teaches the method of claim 1. Cimino in the combination further teaches wherein the property data comprises one or more of:
sensor data received from one or more sensors associated with the substrate support system ("The substrate support 132 and/or heater assembly 170 may include a plurality of temperature sensors for providing temperature feedback information [par. 0046]"); or
simulated data associated with the substrate support system.
Note: claim is presented in the alternative.
With regard to claim 4, the combination above teaches the method of claim 1. Cimino in the combination further teaches wherein the zone configuration data is associated with a plurality of zones of the substrate support system ("The closed-loop heater temperature control algorithm 1114 outputs targeted heater power 1116 based on the targeted heater temperature 110 and the heater temperature feedback 1108, which is communicated to heater electronics 1118 to achieve independent control of a heating zone [par. 0076]"), the plurality of zones comprising one or more of an annulus-shaped zone, or a disc-shaped zone ("The tuning heater controller 148 may turn on a single spatially tunable heater 140 defining a heater 440; or a plurality of spatially tunable heaters 140 grouped to define an inner wedge 462, a perimeter group 464, a pie shaped area 460, or other geometric configuration, including non-contiguous configurations. In this manner, temperature can be precisely controlled at independent locations along the surface of the substrate support assembly 126, such independent locations not limited to a concentric ring such as known in the art [par. 0062]").
Note: claim is presented in the alternative.
With regard to claim 5, the combination above teaches the method of claim 1. Cimino in the combination further teaches wherein the causing of the substrate support system to be the at least one of manufactured or controlled to produce the substrates based on the zone configuration data comprises the causing of the substrate support system to be controlled based on the zone configuration data ("The closed-loop heater temperature control algorithm 1114 outputs targeted heater power 1116 based on the targeted heater temperature 110 and the heater temperature feedback 1108, which is communicated to heater electronics 1118 to achieve independent control of a heating zone [par. 0076]").
With regard to claim 6, the combination above teaches the method of claim 1. Cimino in the combination further teaches wherein the property data comprises
processing chamber data of a processing chamber, the substrate support system being disposed in the processing chamber ("substrate support assembly in a chamber [par. 0005]" and "processing parameters [par. 0070]"),
the processing chamber data comprising one or more of
flow rate data associated with process gas flowing into the processing chamber,
venting port location data associated with a venting port of the processing chamber, or
pressure data associated with pressure of the processing chamber ("the process parameters used are showerhead temperature, chamber pressure, and distance to showerhead [par. 0070]").
Note: claim is presented in the alternative.
With regard to claim 7, the combination above teaches the method of claim 1. Cimino in the combination further teaches wherein the target performance data further comprises a target heat map associated with the upper surface of the substrate support system ("The targeted heater temperature 1110 comprises a separate target temperature for each of the zones of the substrate support. This allows the closed-loop heater temperature controller 1114 to achieve the desired temperature pattern on the substrate 1102 [par. 0076]").
Note: claim is presented in the alternative.
With regard to claim 8, the combination above teaches the method of claim 1. Cimino in the combination further teaches the method further comprising:
providing the property data and the target performance data as input to a trained machine learning model ("The closed-loop heater temperature control algorithm 1114 outputs targeted heater power 1116 based on the targeted heater temperature 110 and the heater temperature feedback 1108, which is communicated to heater electronics 1118 to achieve independent control of a heating zone. The generation of the model can be done using machine learning algorithm, as described earlier in the disclosure [par. 0076]" and "input data for the trained machine learning model or models [par. 0072]");
obtaining, from the trained machine learning model, output associated with predictive data ("real-time RTD data may be used to train the models to improve accuracy of predicted results [par. 0070]" and "At block 1350, the algorithm outputs targeted value of heater power [par. 0087]); and
determining, based on the predictive data, the zone configuration data to cause the substrate support system to meet the target performance data ("At block 1360, chamber hardware is controlled to match the targeted value of heater temperature that is correlated with optimum values of process parameters [par. 0088]").
With regard to claim 9, the combination above teaches the method of claim 8. Cimino in the combination further teaches the trained machine learning model being trained based on data input comprising historical property data and historical target performance data of historical substrate support systems ("real-time RTD data may be used to train the models to improve accuracy of predicted results, but historical trustworthy data representing heater temperature may be used to build the model. Other inputs to the models comprise various process parameters [par. 0070]" and "a machine learning algorithm training such models based available data collected from the chamber for different chamber configurations (that is, for different showerhead temperature, chamber pressure, distance to showerhead, heat-exchanger power and heater power) [par. 0072]") and target output comprising historical zone configuration data associated with the historical substrate support systems ("The optimum values of prosed parameters may be the historical parameters corresponding to the best known method (BKM) [par. 0088]" and "the model is trained with historical chamber data using a machine-learning algorithm [claim 10]").
With regard to claim 11, the combination above teaches the method of claim 1. Cimino in the combination further teaches wherein the substrate support system comprises
a hybrid heater system comprising a plurality of heaters ("The heater assembly 170 may include one or more main resistive heaters 154 and/or a plurality of spatially tunable heaters 140 embedded in a body 152 [par. 0042]"), a first subset of the plurality of heaters being continuous heaters ("The main resistive heaters 154 may be provided to elevate the temperature of the substrate support assembly 126 to a temperature for conducting chamber processes [par. 0043]") and a second subset of the plurality of heaters being pixelated heaters ("The spatially tunable heaters 140 are complimentary to the main resistive heaters 154 [par. 0043]").
With regard to claim 12, the combination above teaches the method of claim 11. Cimino in the combination further teaches wherein the plurality of heaters comprises a first heater in a first plane and a second heater in a second plane that is different from the first plane ("The substrate support assembly 126 may additionally include a heater assembly 170 that includes main resistive heating elements 154 (also referred to as main resistive heaters) and a plurality of additional resistive heating elements referred to herein as spatially tunable heating elements 140 (also referred to as independently controllable heaters) [par. 0035]" and [fig. 1] where main resistive heating elements 154 are on a different plane from spatially tunable heating elements 140).
With regard to claim 13, the combination above teaches the method of claim 11. Cimino in the combination further teaches wherein at least a portion of the plurality of heaters overlap spatially ("The substrate support assembly 126 may additionally include a heater assembly 170 that includes main resistive heating elements 154 (also referred to as main resistive heaters) and a plurality of additional resistive heating elements referred to herein as spatially tunable heating elements 140 (also referred to as independently controllable heaters) [par. 0035]" and [fig. 1] where main resistive heating elements 154 overlap tunable heating elements 140).
With regard to claim 14, the combination above teaches the method of claim 11. Cimino in the combination further teaches wherein the pixelated heaters provide tuneability and primary heating, and wherein the continuous heaters provide secondary heating ("The main resistive heaters 154 may be provided to elevate the temperature of the substrate support assembly 126 to a temperature for conducting chamber processes. The spatially tunable heaters 140 are complimentary to the main resistive heaters 154 and are configured to adjust the localized temperature of the substrate support 132 in a plurality of discrete locations within one or more of a plurality of laterally separated heating zones defined by the main resistive heaters 154 [par. 0043]").
With regard to claim 15, the combination above claim 1. Claim 15 recites limitations having the same scope as those pertaining to claim 1; therefore, claim 15 is rejected along the same grounds as claim 1.
Claim 15 differs from claim 1 where claim 15 recites the additional limitations (which Cimino teaches) of a non-transitory machine-readable storage medium storing instructions which, when executed cause a processing device to perform operations ("The instructions 1426 can also reside, completely or at least partially, within the main memory 1404 and/or within the processing device 1402 during execution thereof by the computer system 1400, the main memory 1404 and the processing device 1402 also constituting machine-readable storage media [par. 0094]").
With regard to claim 17, the combination above teaches claim 5. Claim 17 recites limitations having the same scope as those pertaining to claim 5; therefore, claim 17 is rejected along the same grounds as claim 5.
With regard to claim 18, the combination above teaches claim 1. Claim 18 recites limitations having the same scope as those pertaining to claim 1; therefore, claim 18 is rejected along the same grounds as claim 1.
Claim 18 differs from claim 1 where claim 18 recites the additional limitations (which Cimino teaches) of a memory; a processing device coupled to the memory ("The instructions 1426 can also reside, completely or at least partially, within the main memory 1404 and/or within the processing device 1402 during execution thereof by the computer system 1400, the main memory 1404 and the processing device 1402 also constituting machine-readable storage media [par. 0094]").
With regard to claim 20, the combination above teaches claim 5. Claim 20 recites limitations having the same scope as those pertaining to claim 5; therefore, claim 20 is rejected along the same grounds as claim 5.
Claims 3, 16, and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Cimino in view of Mori further in view of Steger et al. [U.S. Pub. 2008/0083736] ("Steger").
With regard to claim 3, the combination of Cimino and Mori teaches the method of claim 1. Cimino in the combination further teaches wherein the causing of the substrate support system to be the at least one of manufactured or controlled to produce the substrate based on the zone configuration data ("At block 1360, chamber hardware is controlled to match the targeted value of heater temperature that is correlated with optimum values of process parameters [par. 0088]") .
Cimino does not explicitly teach causing the substrate support system to be manufactured based on the zone configuration data.
In an analogous art (tuning support assembly), Steger teaches causing a substrate support system to be manufactured based on zone configuration data ("Engineering the thermal conductivity of the ESC support assembly is carried out by modifying one or more layers of the chuck support assembly, e.g., the cold (base) plate and/or the heater plate. For example, by removing thermally conductive material from the heater plate surface or the cold plate surface, the vertical conductivity of the structure is decreased [par. 0019]" and [fig. 3])
Steger further teaches, "Engineering the thermal conductivity of the ESC support assembly is carried out by modifying one or more layers of the chuck support assembly … By selective removal of material, heat from the electrostatic chuck will have a more thermally resistive path in those regions where the thermal conductivity is low, resulting in more uniform temperature at the chuck surface if removal of the material is done at appropriate locations [par. 0019]."
Because Cimino teaches the need to achieve uniformity of temperature control across the surface of a substrate via a substrate support system [pars. 0002-0004] and Steger teaches tuning the thermal conductivity of a substrate support system by modifying portions of the substrate support system [pars. 0002-0005], it would have been obvious to one having ordinary skill in the art at the time of filing the invention to have included Steger's teachings of causing a substrate support system to be manufactured, with the teachings of Cimino, for the benefit of achieving greater temperature uniformity.
With regard to claim 16, the combination above teaches claim 3. Claim 16 recites limitations having the same scope as those pertaining to claim 3; therefore, claim 16 is rejected along the same grounds as claim 5.
With regard to claim 19, the combination above teaches claim 3. Claim 19 recites limitations having the same scope as those pertaining to claim 3; therefore, claim 19 is rejected along the same grounds as claim 5.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Cimino in view of Mori further in view of Lu et al. [U.S. Pub. 2022/0076931] ("Lu").
With regard to claim 10, the combination of Cimino and Mori teaches the method of claim 1. Cimino in the combination further teaches wherein the substrate support system comprises:
a ("The substrate support 132 may be a vacuum chuck, an electrostatic chuck (ESC) or other workpiece support surface [par. 0035]" and "A workpiece surface 133 of the substrate support 132 may include gas passages [par. 0039]");
a cooling plate forming cooling channels and gas channels ("The chiller/heat-exchanger 144 provides a heat transfer fluid, such as a liquid, gas or combination thereof, which is circulated through one or more conduits 160 disposed in the cooling base 130 [par. 0040]"); and
("the substrate support 132 disposed directly on the cooling base 130 [par. 0045]").
Cimino does not explicitly teach the puck being ceramic or a bonding material coupling the puck to the cooling plate.
However, it is old and well known in the art at a puck is made of ceramic and that a bonding material is used to couple a puck to a cooling plate.
In an analogous art (support apparatus temperature control), Lu teaches a ceramic puck ("The electrostatic dielectric layer 1150 may be comprised of a dielectric such as a ceramic [par. 0093]") and a bonding material coupling the ceramic puck to a cooling plate ("the substrate support chuck 1100 may include a base 1110, a heater dielectric layer 1140 bonded to the base 1110 by an adhesive layer 1130 [par. 0086]").
It would have been obvious to one having ordinary skill in the art at the time of filing the invention to have utilized a ceramic puck and a bonding material for the benefit of providing desired thermal conductive properties.
Note: claim is presented in the alternative.
Response to Arguments
Applicant’s arguments with respect to claims 1, 15, and 18 have been considered but are moot in light of the new grounds of rejection necessitated by Applicant's amendment.
Citation of Pertinent Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Parkhe et al. [U.S. Pub. 2015/0129165] teaches a pixelated substrate support assembly which enables both lateral and azimuthal tuning of the heat transfer between an electrostatic chuck and a cooling base comprising the substrate support assembly, which in turn, allows both lateral and azimuthal tuning of a substrate processed on the substrate support assembly.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 VINCENT W CHANG whose telephone number is (571)270-1214. The examiner can normally be reached (M-F) 10:00 am - 6:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Mohammad Ali can be reached at 571-272-4105. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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VINCENT WEN-LIANG CHANG
Examiner
Art Unit 2119
/MOHAMMAD ALI/Supervisory Patent Examiner, Art Unit 2119
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