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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on August 17, 2026 has been entered.
Claim Rejections - 35 USC § 102
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-5, and 8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Matsui; Miyako et al. (US 20190237337 A1). Matsui teaches An automated thin film deposition system to which machine relationship (“fitting curve”; 111; Figure 6; [0045]-[0047]) is applied, comprising: a chamber (21; Figure 4); a substrate holder (22; Figure 4) which is disposed in the chamber (21; Figure 4) and configured to support a substrate; a temperature adjust device (not shown; “by means for adjusting...and the temperature for example”; [0056]) configured to control a temperature of the substrate placed on the substrate holder (22; Figure 4); a raw material supply device (24+36; Figure 4; [0037]) configured to supply a raw material for deposition of the thin film to the substrate to the chamber (21; Figure 4) placed on the substrate holder (22; Figure 4); an analysis device (26,28; Figure 4; [0042],[0052]-Applicant’s 50-52; Figure 1) configured to analyze a property (“change amount of film thickness..monitored in real-time”, “indicator of...film thickness, etching amount are calculated”; [0034],[0040]; S3; Figure 1) of the thin film deposited on the substrate; a removal device (25+22+36; Figure 4-plasma etching; [0027]-Applicant’s 60; Figure 1; [0048]-plasma etching) configured to physically remove the thin film from the substrate so as to return the substrate to an initial state (S4; Figure 1; [0033]) prior to thin film deposition (S1; Figure 1; [0033]); and a control device (36; Figure 4-[0036]) which is connected to the temperature adjust device (not shown; “by means for adjusting...and the temperature for example”; [0056]), the raw material supply device (24+36; Figure 4; [0037]), the analysis device (26,28; Figure 4; [0042],[0052]-Applicant’s 50-52; Figure 1), and the removal device (25+22+36; Figure 4-plasma etching; [0027]-Applicant’s 60; Figure 1; [0048]-plasma etching), wherein the control device (36; Figure 4-[0036]) comprises at least one processor (CPU; [0036]) and a memory (“storage unit”; [0036]) storing instructions (“program”; [0036]) that, when executed by the processor (CPU; [0036]), cause the control device (36; Figure 4-[0036]) to: acquire, while the substrate remains disposed within the chamber (21; Figure 4), measurement data (“signal intensity (I)”, time; Figure 6; [0042],[0045]) from the analysis device (26,28; Figure 4; [0042],[0052]-Applicant’s 50-52; Figure 1) corresponding to the property (“change amount of film thickness..monitored in real-time”, “indicator of...film thickness, etching amount are calculated”; [0034],[0040]; S3; Figure 1) of the thin film, execute a machine correlation model (“fitting curve”; 111; Figure 6; [0045]-[0047]) while the substrate remains in the chamber (21; Figure 4) to correlate a nonlinear relationship (“fitting curve”; 111; Figure 6; [0045]-[0047]) between a plurality of process parameters (“time of etching”, “wafer bias voltage”, “wafer temperature”; [0056]; “signal intensity (I)”, time; Figure 6; [0045]) used for the thin film deposition and properties (“change amount of film thickness..monitored in real-time”, “indicator of...film thickness, etching amount are calculated”; [0034],[0040]; S3; Figure 1) of the thin film, determine, based on the analyzed property (“change amount of film thickness..monitored in real-time”, “indicator of...film thickness, etching amount are calculated”; [0034],[0040]; S3; Figure 1), that the thin film fails to satisfy a predetermined quality criterion (r<ro; r>ro; S3; Figure 1), in response to the determination that the thin film fails to satisfy the predetermined quality criterion (r<ro; r>ro; S3; Figure 1), generate one or more control signals and transmit the one or more control signals to the removal device (25+22+36; Figure 4-plasma etching; [0027]-Applicant’s 60; Figure 1; [0048]-plasma etching) to cause the removal device (25+22+36; Figure 4-plasma etching; [0027]-Applicant’s 60; Figure 1; [0048]-plasma etching) to physically remove substantially all (S4; Figure 1; [0033]) of the thin film from the substrate as a discarded thin film after the thin film is physically removed, generate one or more control signals corresponding to modified process parameters (“time of etching”, “wafer bias voltage”, “wafer temperature”; [0056]; “signal intensity (I)”, time; Figure 6; [0045]) derived from the nonlinear relationship (“fitting curve”; 111; Figure 6; [0045]-[0047]), and deposit, by transmitting the one or more control signals to at least one of the temperature adjust device (not shown; “by means for adjusting...and the temperature for example”; [0056]), or the raw material supply device (24+36; Figure 4; [0037]), a new thin film (S1; Figure 1) on the substrate after the thin film is physically removed (S4; Figure 1; [0033]) as the discarded thin film by directly applying modified process parameters (“time of etching”, “wafer bias voltage”, “wafer temperature”; [0056]; “signal intensity (I)”, time; Figure 6; [0045]) based on the correlation through machine relationship (“fitting curve”; 111; Figure 6; [0045]-[0047]), and repeat the acquire, determine, remove, and deposit steps in a closed-loop manner (Figure 1) while the substrate remains in the chamber (21; Figure 4) until the analyzed property (“change amount of film thickness..monitored in real-time”, “indicator of...film thickness, etching amount are calculated”; [0034],[0040]; S3; Figure 1) of the newly deposited thin film satisfies the predetermined quality criterion (r<ro; r>ro; S3; Figure 1), wherein the process parameters (“time of etching”, “wafer bias voltage”, “wafer temperature”; [0056]; “signal intensity (I)”, time; Figure 6; [0045]) include at least temperature, pressure, gas composition, gas flow rate, bias voltage, and deposition time and the properties (“change amount of film thickness..monitored in real-time”, “indicator of...film thickness, etching amount are calculated”; [0034],[0040]; S3; Figure 1) of the thin film include at least thickness (S3; Figure 1), uniformity, crystallinity, and electrical characteristics, as claimed by claim 1
Matsui further teaches:
The automated thin film deposition system to which machine relationship (“fitting curve”; 111; Figure 6; [0045]-[0047]) is applied of claim 1, wherein the thin film includes a two-dimensional material, as claimed by claim 2. Applicant’s above and below italicized claim text is considered intended use claim requirements for the pending apparatus claims. Applicant has not provided sufficient distinguishing structural characteristics of Applicant's claimed invention to contrast the Examiner's cited prior art. When the structure recited in the reference is substantially identical to that of the claims, claimed properties or functions are presumed to be inherent. The Examiner notes MPEP 2112 which states the express, implicit, and inherent disclosures of a prior art reference may be relied upon in the rejection of claims under 35 U.S.C. 102 or 103. "The inherent teaching of a prior art reference, a question of fact, arises both in the context of anticipation and obviousness." In re Napier, 55 F.3d 610, 613, 34 USPQ2d 1782, 1784 (Fed. Cir. 1995) (affirmed a 35 U.S.C. 103 rejection based in part on inherent disclosure in one of the references). See also In re Grasselli, 713 F.2d 731, 739, 218 USPQ 769, 775 (Fed. Cir. 1983).
The automated thin film deposition system to which machine relationship (“fitting curve”; 111; Figure 6; [0045]-[0047]) is applied of claim 1, wherein the removal device (25+22+36,36; Figure 4-plasma etching; [0027]-Applicant’s 60; Figure 1; [0048]-plasma etching) is configured to generate at least one of plasma, laser, ion beam, and etching gas, and to remove the thin film from the substrate disposed in the chamber (21; Figure 4) using at least one of the plasma (plasma etching; [0027]-Applicant’s 60; Figure 1; [0048]-plasma etching), laser, ion beam, and etching gas, as claimed by claim 3
The automated thin film deposition system to which machine relationship (“fitting curve”; 111; Figure 6; [0045]-[0047]) is applied of claim 1, wherein the raw material supply device (24+36; Figure 4; [0037]) is provided in plurality, as claimed by claim 4
The automated thin film deposition system to which machine relationship (“fitting curve”; 111; Figure 6; [0045]-[0047]) is applied of claim 1, wherein the analysis device (26,28; Figure 4; [0042],[0052]-Applicant’s 50-52; Figure 1) comprises: an analysis source generating unit (26,29,102; Figure 4; [0036], [0042]-”coherent light”-Applicant’s 51; Figure 1; [0044]) generating an analysis source (104; Figure 4; [0041]) for analyzing the property (“change amount of film thickness..monitored in real-time”, “indicator of...film thickness, etching amount are calculated”; [0034],[0040]; S3; Figure 1) of the thin film; and an analysis data (“signal intensity (I)”, time; Figure 6; [0042],[0045]) acquisition unit (110+26; Figure 4; [0036]-Applicant’s 52; Figure 1; [0044]) for acquiring data (“signal intensity (I)”, time; Figure 6; [0042],[0045]) corresponding to the property (“change amount of film thickness..monitored in real-time”, “indicator of...film thickness, etching amount are calculated”; [0034],[0040]; S3; Figure 1) of the thin film, as claimed by claim 5
The automated thin film deposition system to which machine relationship (“fitting curve”; 111; Figure 6; [0045]-[0047]) is applied of claim 1, wherein the control device (36; Figure 4-[0036]) is configured to terminate (“Finish”; Figure 1) the deposition of the thin film when the property (“change amount of film thickness..monitored in real-time”, “indicator of...film thickness, etching amount are calculated”; [0034],[0040]; S3; Figure 1) of the thin film analyzed by the analysis device (26,28; Figure 4; [0042],[0052]-Applicant’s 50-52; Figure 1) satisfies the predetermined quality criterion (r<ro; r>ro; S3; Figure 1), as claimed by claim 8
Claim Rejections - 35 USC § 102/103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 7 and 27 are rejected under 35 U.S.C. 102(a)(1) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Matsui; Miyako et al. (US 20190237337 A1). Matsui is discussed above. Matsui is believed to teach:
The automated thin film deposition system to which machine relationship (“fitting curve”; 111; Figure 6; [0045]-[0047]) is applied of claim 1, wherein the analysis device (26,28; Figure 4; [0042],[0052]-Applicant’s 50-52; Figure 1) is configured to analyze the property (“change amount of film thickness..monitored in real-time”, “indicator of...film thickness, etching amount are calculated”; [0034],[0040]; S3; Figure 1) of the thin film by using at least one of scanning electron microscopy (SEM), transmission electron microscopy (TEM), reflection high-energy electron diffraction (RHEED), low-energy electron diffraction (LEED), ellipsometry ([0010]), and X-ray diffraction (XRD), as claimed by claim 7
The automated thin film deposition system to which machine relationship (“fitting curve”; 111; Figure 6; [0045]-[0047]) is applied of claim 21, wherein the analysis device (26,28; Figure 4; [0042],[0052]-Applicant’s 50-52; Figure 1) is configured to analyze the property (“change amount of film thickness..monitored in real-time”, “indicator of...film thickness, etching amount are calculated”; [0034],[0040]; S3; Figure 1) of the thin film by using at least one of scanning electron microscopy (SEM), transmission electron microscopy (TEM), reflection high-energy electron diffraction (RHEED), low-energy electron diffraction (LEED), ellipsometry ([0010]), and X-ray diffraction (XRD), as claimed by claim 27
In the event that Matsui’s discussion in [0010] for using ellipsometry in Matsui’s analysis device (26,28; Figure 4; [0042],[0052]-Applicant’s 50-52; Figure 1) is not accepted, then, it would have been obvious to one of ordinary skill in the art at the time the invention was made for Matsui to use ellipsometry in Matsui’s analysis device (26,28; Figure 4; [0042],[0052]-Applicant’s 50-52; Figure 1).
Motivation for Matsui to use ellipsometry in Matsui’s analysis device (26,28; Figure 4; [0042],[0052]-Applicant’s 50-52; Figure 1) is for conventional wafer surface analysis means as taught by Matsui ([0010]).
Claim Rejections - 35 USC § 103
Claims 6 and 26 are rejected under 35 U.S.C. 103 as being unpatentable over Matsui; Miyako et al. (US 20190237337 A1) in view of Miya; Go et al. (US 20090223633 A1). Matsui is discussed above. Matsui further teaches:
wherein the analysis data (“signal intensity (I)”, time; Figure 6; [0042],[0045]) acquisition unit (110+26; Figure 4; [0036]-Applicant’s 52; Figure 1; [0044]) is configured to include at least one of a fluorescent screen, a camera (6; Figure 4; [0036]), and an X-ray detector – claim 6, 26.
Matsui does not teach:
The automated thin film deposition system to which machine relationship (“fitting curve”; 111; Figure 6; [0045]-[0047]) is applied of claim 5, wherein the analysis source generating unit (26,29,102; Figure 4; [0036], [0042]-”coherent light”-Applicant’s 51; Figure 1; [0044]) is configured to generate at least one of an electron beam, an X-ray, and a laser as the analysis source – claim 6
The automated thin film deposition system to which machine relationship (“fitting curve”; 111; Figure 6; [0045]-[0047]) is applied of claim 25, wherein the analysis source generating unit (26,29,102; Figure 4; [0036], [0042]-”coherent light”-Applicant’s 51; Figure 1; [0044]) is configured to generate at least one of an electron beam, an X-ray, and a laser as the analysis source – claim 26
Miya also teaches a wafer processing apparatus (Figure 9) including a wafer surface measurement instrument (70; Figure 9) as a SEM electron beam irradiation ([0080]).
It would have been obvious to one of ordinary skill in the art at the time the invention was claimed for Matsui to add Miya’s wafer surface measurement instrument (70; Figure 9) to Matsui’s surface analysis hardware.
Motivation for Matsui to add Miya’s wafer surface measurement instrument (70; Figure 9) to Matsui’s surface analysis hardware is for “acquires information on projections and depressions on the surface of the object to be processed” as taught by Miya ([0080]).
Claims 9, 21, 23-25, 28, 29 are rejected under 35 U.S.C. 103 as being unpatentable over Matsui; Miyako et al. (US 20190237337 A1) in view of Hung; Shih-Wei et al. (US 20170194176 A1). Matsui is discussed above. Matsui further teaches:
The automated thin film deposition system to which machine correlation (“fitting curve”; 111; Figure 6; [0045]) is applied of claim 1, wherein the thin film deposition system is configured to deposit a thin film by using any one of evaporation deposition, metal-organic chemical vapor deposition (MOCVD), molecular beam epitaxy (MBE), pulsed laser deposition (PLD), and sputtering deposition, as claimed by claim 9
An automated thin film deposition system to which machine relationship (“fitting curve”; 111; Figure 6; [0045]-[0047]) is applied, comprising: a chamber (21; Figure 4); a substrate holder (22; Figure 4) which is disposed in the chamber (21; Figure 4) and configured to support a substrate; ; a temperature adjust device (not shown; “by means for adjusting...and the temperature for example”; [0056]) configured to control a temperature of the substrate placed on the substrate holder (22; Figure 4); a raw material supply device (24+36; Figure 4; [0037]) configured to supply a raw material for deposition of the thin film to the substrate to the chamber (21; Figure 4) placed on the substrate holder (22; Figure 4); an analysis device (26,28; Figure 4; [0042],[0052]-Applicant’s 50-52; Figure 1) configured to analyze a property (“change amount of film thickness..monitored in real-time”, “indicator of...film thickness, etching amount are calculated”; [0034],[0040]; S3; Figure 1) of the thin film deposited on the substrate; a removal device (25+22+36; Figure 4-plasma etching; [0027]-Applicant’s 60; Figure 1; [0048]-plasma etching) configured to physically remove the thin film from the substrate; and a control device (36; Figure 4-[0036]) which is connected to the temperature adjust device (not shown; “by means for adjusting...and the temperature for example”; [0056]), the raw material supply device (24+36; Figure 4; [0037]), the analysis device (26,28; Figure 4; [0042],[0052]-Applicant’s 50-52; Figure 1), and the removal device (25+22+36; Figure 4-plasma etching; [0027]-Applicant’s 60; Figure 1; [0048]-plasma etching), wherein the control device (36; Figure 4-[0036]) comprises at least one processor (CPU; [0036]) and a memory (“storage unit”; [0036]) storing instructions (“program”; [0036]) that, when executed by the processor (CPU; [0036]), cause the control device (36; Figure 4-[0036]) to: acquire, while the substrate remains disposed within the chamber (21; Figure 4), measurement data (“signal intensity (I)”, time; Figure 6; [0042],[0045]) from the analysis device (26,28; Figure 4; [0042],[0052]-Applicant’s 50-52; Figure 1) corresponding to the property (“change amount of film thickness..monitored in real-time”, “indicator of...film thickness, etching amount are calculated”; [0034],[0040]; S3; Figure 1) of the thin film, execute a machine correlation model (“fitting curve”; 111; Figure 6; [0045]-[0047]) while the substrate remains in the chamber (21; Figure 4) to correlate a nonlinear relationship (“fitting curve”; 111; Figure 6; [0045]-[0047]) between a plurality of process parameters (“time of etching”, “wafer bias voltage”, “wafer temperature”; [0056]; “signal intensity (I)”, time; Figure 6; [0045]) used for thin film deposition and properties (“change amount of film thickness..monitored in real-time”, “indicator of...film thickness, etching amount are calculated”; [0034],[0040]; S3; Figure 1) of the thin film, determine, based on the analyzed property (“change amount of film thickness..monitored in real-time”, “indicator of...film thickness, etching amount are calculated”; [0034],[0040]; S3; Figure 1), that the thin film fails to satisfy a predetermined quality criterion (r<ro; r>ro; S3; Figure 1), in response to the determination that the thin film fails to satisfy the predetermined quality criterion (r<ro; r>ro; S3; Figure 1), generate one or more control signals and transmit the one or more control signals to the removal device (25+22+36; Figure 4-plasma etching; [0027]-Applicant’s 60; Figure 1; [0048]-plasma etching) to cause the removal device (25+22+36; Figure 4-plasma etching; [0027]-Applicant’s 60; Figure 1; [0048]-plasma etching) to physically remove (S4; Figure 1; [0033]) substantially all of the thin film from the substrate as a discarded thin film, and after the thin film is physically removed, generate one or more control signals corresponding to modified process parameters (“time of etching”, “wafer bias voltage”, “wafer temperature”; [0056]; “signal intensity (I)”, time; Figure 6; [0045]) derived from the nonlinear relationship (“fitting curve”; 111; Figure 6; [0045]-[0047]), and deposit, by transmitting the one or more control signals to at least one of the temperature adjust device (not shown; “by means for adjusting...and the temperature for example”; [0056]) or the raw material supply device (24+36; Figure 4; [0037]), a new thin film (S3, r<ro; Figure 1) on the substrate after the thin film is physically removed (S4; Figure 1; [0033]) as the discarded thin film by applying modified process parameters (“time of etching”, “wafer bias voltage”, “wafer temperature”; [0056]; “signal intensity (I)”, time; Figure 6; [0045]) derived from the nonlinear relationship (“fitting curve”; 111; Figure 6; [0045]-[0047]) and repeat (Figure 1) the acquire, determine, remove, and deposit steps in a closed-loop manner (Figure 1) while the substrate remains in the chamber (21; Figure 4) until the analyzed property (“change amount of film thickness..monitored in real-time”, “indicator of...film thickness, etching amount are calculated”; [0034],[0040]; S3; Figure 1) of the newly deposited thin film satisfies the predetermined quality criterion (r<ro; r>ro; S3; Figure 1), wherein the process parameters (“time of etching”, “wafer bias voltage”, “wafer temperature”; [0056]; “signal intensity (I)”, time; Figure 6; [0045]) include at least temperature, pressure, gas composition, gas flow rate, bias voltage, and deposition time and the properties (“change amount of film thickness..monitored in real-time”, “indicator of...film thickness, etching amount are calculated”; [0034],[0040]; S3; Figure 1) of the thin film include at least thickness (S3; Figure 1), uniformity, crystallinity, and electrical characteristics, wherein the analysis device (26,28; Figure 4; [0042],[0052]-Applicant’s 50-52; Figure 1) is disposed outside (not claimed) the chamber (21; Figure 4)** and analyzes the properties (“change amount of film thickness..monitored in real-time”, “indicator of...film thickness, etching amount are calculated”; [0034],[0040]; S3; Figure 1) of the thin film deposited on the substrate during the deposition process or at the time of completion of the deposition process, and wherein the thin film includes a two-dimensional material - claim 21
The automated thin film deposition system to which machine relationship (“fitting curve”; 111; Figure 6; [0045]-[0047]) is applied of claim 21, wherein the removal device (25+22+36,36; Figure 4-plasma etching; [0027]-Applicant’s 60; Figure 1; [0048]-plasma etching) is configured to generate at least one of plasma (plasma etching; [0027]-Applicant’s 60; Figure 1; [0048]-plasma etching), laser, ion beam, and etching gas, and to remove the thin film from the substrate disposed in the chamber (21; Figure 4) using at least one of the plasma (plasma etching; [0027]-Applicant’s 60; Figure 1; [0048]-plasma etching), laser, ion beam, and etching gas, as claimed by claim 23
The automated thin film deposition system to which machine relationship (“fitting curve”; 111; Figure 6; [0045]-[0047]) is applied of claim 21, wherein the raw material supply device (24+36; Figure 4; [0037]) is provided in plurality, as claimed by claim 24
The automated thin film deposition system to which machine relationship (“fitting curve”; 111; Figure 6; [0045]-[0047]) is applied of claim 21, wherein the analysis device (26,28; Figure 4; [0042],[0052]-Applicant’s 50-52; Figure 1) comprises: an analysis source generating unit (26,29,102; Figure 4; [0036], [0042]-”coherent light”-Applicant’s 51; Figure 1; [0044]) generating an analysis source (104; Figure 4; [0041]) for analyzing the property (“change amount of film thickness..monitored in real-time”, “indicator of...film thickness, etching amount are calculated”; [0034],[0040]; S3; Figure 1) of the thin film; and an analysis data (“signal intensity (I)”, time; Figure 6; [0042],[0045]) acquisition unit (110+26; Figure 4; [0036]-Applicant’s 52; Figure 1; [0044]) for acquiring data (“signal intensity (I)”, time; Figure 6; [0042],[0045]) corresponding to the property (“change amount of film thickness..monitored in real-time”, “indicator of...film thickness, etching amount are calculated”; [0034],[0040]; S3; Figure 1) of the thin film, as claimed by claim 25
The automated thin film deposition system to which machine relationship (“fitting curve”; 111; Figure 6; [0045]-[0047]) is applied of claim 21, wherein the control device (36; Figure 4-[0036]) is configured to terminate (“Finish”; Figure 1) the deposition of the thin film when the property (“change amount of film thickness..monitored in real-time”, “indicator of...film thickness, etching amount are calculated”; [0034],[0040]; S3; Figure 1) of the thin film analyzed by the analysis device (26,28; Figure 4; [0042],[0052]-Applicant’s 50-52; Figure 1) satisfies the predetermined quality criterion (r<ro; r>ro; S3; Figure 1), as claimed by claim 28
Matsui does not teach:
wherein the analysis device (26,28; Figure 4; [0042],[0052]-Applicant’s 50-52; Figure 1) is disposed outside the chamber (21; Figure 4) – claim 21
The automated thin film deposition system to which machine correlation (“fitting curve”; 111; Figure 6; [0045]) is applied of claim 21, wherein the thin film deposition system is configured to deposit a thin film by using any one of evaporation deposition, metal-organic chemical vapor deposition (MOCVD), molecular beam epitaxy (MBE), pulsed laser deposition (PLD), and sputtering deposition, as claimed by claim 29
Hung also teaches a wafer processing apparatus (Figure 3D) including wherein the analysis device (410,440; Figure 3C-Applicant’s 50-52; Figure 1) is within the chamber (1610; Figure 3C) – claim 21. Hung also “suitable deposition process” as an MOCVD film among other convention means ([0017]) – claim 29
It would have been obvious to one of ordinary skill in the art at the time the invention was made for Matsui to add MOCVD precursors as taught by Hung and for Matsui to add Hung’s analysis device (410,440; Figure 3C-Applicant’s 50-52; Figure 1) within Matsui’s chamber (21; Figure 4).
Motivation for Matsui to add MOCVD precursors as taught by Hung is for forming desirable films as taught by Hung ([0017]).
Motivation for Matsui to add Hung’s analysis device (410,440; Figure 3C-Applicant’s 50-52; Figure 1) within the chamber (21; Figure 4) is for “…the thickness of the epitaxy 150 can be accurately measured without destructing the structure of the epitaxy 150.” as taught by Hung ([0046]) and for “…simple, low-cost, and rapid methodology for monitoring the control wafer, which applies the polarized light to measure the thickness of the epitaxy 150 in the recess 140 of the control wafer 100.” as taught by Hung ([0047]).
Response to Arguments
Applicant's arguments filed August 17, 2026 have been fully considered but they are not persuasive.
Applicant states:
“
Applicant respectfully submits that Matsui does not disclose the removal-and-redeposition sequence now expressly required by independent claim 1. Amended claim 1 requires that, after determining that the deposited thin film fails to satisfy a predetermined quality criterion, the control device causes the removal device to physically remove substantially all of the thin film from the substrate as a discarded thin film. The claim further requires that a new thin film thereafter be deposited after the thin film is physically removed as the discarded thin film, using modified process parameters.
“
In response, the Examiner has fully reconsidered Matsui and finds that Matsui indeed teaches after determining that the deposited thin film fails to satisfy, at S3; Figure 1, a predetermined quality criterion (r<ro; r>ro; S3; Figure 1), the control device (36; Figure 4-[0036]) causes the removal device (25+22+36,36; Figure 4-plasma etching; [0027]-Applicant’s 60; Figure 1; [0048]-plasma etching) to physically remove (S4; Figure 1; [0033]) substantially all of the thin film from the substrate as a discarded thin film. The claim further requires that a new thin film (S3, r<ro; Figure 1) thereafter be deposited after the thin film is physically removed (S4; Figure 1; [0033]) as the discarded thin film, using modified process parameters.
Applicant states:
“
As discussed above, Matsui fails to disclose the removal- and-redeposition sequence required by the respective independent claims. Miya is relied upon for the additional subject matter of dependent claims 6 and 26, but does not remedy the above-described deficiency of Matsui. Accordingly, even assuming that the cited teachings of Miya could be combined with Matsui for the purpose asserted by the Examiner, the proposed combination would still fail to provide all limitations of claims 6 and 26.
“
In response, the Examiner reiterates the above defense of the Matsui interpretation.
Applicant states:
“
Claims 7 and 27 depend from independent claims 1 and 21, respectively, and therefore include the limitations thereof. For at least the reasons discussed above, Matsui fails to disclose or suggest the limitations of the respective independent claims. The additional findings concerning the limitations added by claims 7 and 27 do not remedy those deficiencies. Accordingly, Applicant respectfully submits that claims 7 and 27 are not rendered obvious by Matsui.
“
In response, the Examiner reiterates the above defense of the Matsui interpretation.
Applicant states:
“
The Examiner rejected claims 9, 21, 23-25, 28, and 29 under 35 U.S.C. § 103 as being unpatentable over Matsui in view of Hung. As discussed above, Matsui fails to disclose or suggest the claimed sequence in which, responsive to determining that a deposited thin film fails a predetermined quality criterion, substantially all of the thin film is physically removed as a discarded thin film and a new thin film is thereafter deposited using modified process parameters. Hung is relied upon for additional deposition and analysis features, but does not remedy this deficiency of Matsui. Accordingly, even assuming that the cited teachings of Hung were combined with Matsui for the reasons asserted by the Examiner, the resulting combination would still fail to provide all limitations of independent claim 21 and the claims depending therefrom. Applicant therefore respectfully requests withdrawal of the rejection.
“
In response, the Examiner reiterates the above defense of the Matsui interpretation.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Process control in the wafer processing art is well established as noted at least by:
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All claims are identical to or patentably indistinct from, or have unity of invention with claims in the application prior to the entry of the submission under 37 CFR 1.114 (that is, restriction (including a lack of unity of invention) would not be proper) and all claims could have been finally rejected on the grounds and art of record in the next Office action if they had been entered in the application prior to entry under 37 CFR 1.114. Accordingly, THIS ACTION IS MADE FINAL even though it is a first action after the filing of a request for continued examination and the submission under 37 CFR 1.114. See MPEP § 706.07(b). 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 Examiner Rudy Zervigon whose telephone number is (571) 272- 1442. The examiner can normally be reached on a Monday through Thursday schedule from 8am through 6pm EST. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Any Inquiry of a general nature or relating to the status of this application or proceeding should be directed to the Chemical and Materials Engineering art unit receptionist at (571) 272-1700. If the examiner cannot be reached please contact the examiner's supervisor, Parviz Hassanzadeh, at (571) 272- 1435.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http:/Awww.uspto.gov/interviewpractice.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or (571) 272-1000.
/Rudy Zervigon/ Primary Examiner, Art Unit 1716
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