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 .
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.
Claim Objections
Claims 22, 23, and 25 are objected to because of the following informalities:
The term “second” in the limitation of “second vacuum hole” in claims 22 and 23 implies the presence of a first vacuum hole which is not positively claimed.
The limitation of “wherein at least one of the first protrusions comprise” in claims 23 and 25 us grammatically improper. Consider ––wherein at least one of the first protrusions comprises––.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-7, 19-30, and 32 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 1, 19, and 21 recite the limitation “thermosetting polymer”. Where applicant acts as his or her own lexicographer to specifically define a term of a claim contrary to its ordinary meaning, the written description must clearly redefine the claim term and set forth the uncommon definition so as to put one reasonably skilled in the art on notice that the applicant intended to so redefine that claim term. Process Control Corp. v. HydReclaim Corp., 190 F.3d 1350, 1357, 52 USPQ2d 1029, 1033 (Fed. Cir. 1999). The relevant portion of the written description states the bottom portion of the retainer ring can include “high strength thermosetting polymer (e.g., poly-ether ketone (PEEK), polyaryletherketone (PAEK), polytetrafluoroethylene (PTFE), polyphenylene sulfide (PPS), etc.)”. However, each of the examples listed are thermoplastic polymers1—which can be remelted for shaping—rather than thermosetting polymers—which cannot2. Because it is unclear whether applicant's disclosure of exemplary thermoplastics in conjunction with the term “thermosetting polymer” represents an attempt to specifically redefine the term “thermosetting polymer” to mean “thermoplastic polymer” or is a typographical error, the written description fails to clearly redefine the claim term and set forth the uncommon definition so as to put one reasonably skilled in the art on notice that the applicant intended to so redefine that claim term. Claims 1, 19, and 21 are therefore rejected as indefinite, because it is unclear whether the claimed invention requires a thermosetting polymer (the plain meaning of the term) or a thermoplastic polymer (the meaning consistent with the specification).
Claims 2-7, 20-30, and 32 depend from at least one of claims 1, 19, and 21 and are likewise rejected as indefinite.
For purposes of examination, the claims will be treated as referring to a thermoplastic polymer.
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.
Claims 1-2, 4-7, 19-21, 24-25, and 28-29 are rejected under 35 U.S.C. 103 as being unpatentable over Lin (US 9604340) in view of Chen (US PGPub 2009/0090066, "Chen '066").
1. Lin teaches a carrier head (100) of a chemical mechanical polishing system, comprising:
a housing (132) including a recess (138);
a membrane support (134), wherein the housing encloses the membrane support (Lin fig. 1);
a membrane (150) secured to the membrane support (Lin fig. 1); and
a retainer ring (140) positioned in the recess of the housing (Lin fig. 1),
wherein the retainer ring may include a plurality of grooves (ring 300B, described as an alternative embodiment of retainer ring 140 includes grooves 310, Lin fig. 3b and 4:17-27) and a first plurality of protrusions (ring 500 includes a plurality of abrasive protrusions as part of abrasive structure 520, Lin figs. 5a-5b and 5:3-33),
wherein the plurality of grooves has a longitudinal axis extending from a perimeter of the retainer ring toward a center of the retainer ring (grooves 310 extend in radial directions, Lin fig. 3b), the first plurality of protrusions is arranged in rows and columns (Lin fig. 5b), and the first plurality of protrusions has a dimension different from a dimension of the plurality of grooves (protrusion heights of 15 μm to 300 μm are significantly smaller than groove widths of 3 mm to 10 mm, Lin 4:23-24 and 5:26-28).
Lin does not explicitly disclose a single embodiment wherein the retainer ring includes both grooves and protrusions. However, it would have been obvious for one of ordinary skill in the art before the effective filing date to combine the different embodiments taught by Lin in a single embodiment including both the grooves and the protrusions, as doing so represents the combination of known prior art elements according to known methods, and the results of such a combination would have been predictable to one of ordinary skill.
Lin does not teach that an outermost surface of the first plurality of protrusions is made of a thermoplastic polymer.
However, Chen '066 teaches a tool (1, Chen '066 fig. 6) for conditioning a polishing pad (Chen '066 [0050]), wherein the tool includes a protective layer (30) on an outermost surface of protrusions (100, Chen '066 fig. 4 and [0045]), wherein the protective layer is made of a thermoplastic polymer (PEEK, Chen '066 [0048], which is disclosed in the present application as an example of a suitable material, see Specification [0044]).
It would have been obvious for one of ordinary skill in the art before the effective filing date to modify the invention of Lin according to the teachings of Chen '066 such that the protrusions included a protective layer on an outermost surface of the first plurality of protrusions made of a thermoplastic polymer such as PEEK, as doing so would increase corrosion resistance, wear-resistance, durability, heat resistance, chemical-resistance in the wafer polishing process, and usage life. Chen '066 [0054].
2. Lin as modified teaches the carrier head of claim 1, wherein the dimension of the first plurality of protrusions is smaller than the dimension of the plurality of grooves (protrusion heights of 15 μm to 300 μm are significantly smaller than groove widths of 3 mm to 10 mm, Lin 4:23-24 and 5:26-28).
4. Lin as modified teaches the carrier head of claim 1, further comprising: a second plurality of protrusions spaced apart from the first plurality of protrusions, wherein the second plurality of protrusions is arranged in rows and columns, and the first plurality of protrusions and the second plurality of protrusions are placed between two neighbors of the plurality of grooves (Any group of protrusions is capable of being subdivided into any number of groups, including groups such that first and second pluralities of protrusions were separated by a distance including at least one additional plurality of protrusions).
5. Lin teaches the carrier head of claim 4, wherein the second plurality of protrusions has a dimension smaller than the dimension of the plurality of grooves (protrusion heights of 15 μm to 300 μm are significantly smaller than groove widths of 3 mm to 10 mm, Lin 4:23-24 and 5:26-28).
6. Lin as modified teaches the carrier head of claim 4, wherein the retainer ring further comprises: a third plurality of protrusions disposed in one of the plurality of grooves, wherein the third plurality of protrusions is arranged in rows and columns (the embodiment of ring 500 teaches the lower surfaces of the body include protrusions, as the grooves are on a lower surface, one of ordinary skill would have included the protrusions in the grooves).
7. Lin as modified teaches the carrier head of claim 6, wherein the third plurality of protrusions has a dimension smaller than the dimension of the plurality of grooves (protrusion heights of 15 μm to 300 μm are significantly smaller than groove widths of 3 mm to 10 mm, Lin 4:23-24 and 5:26-28).
19. Lin teaches a carrier head (100) of a chemical mechanical polishing system, comprising:
a housing (132) including a recess (138);
a membrane support (134), wherein the housing encloses the membrane support (Lin fig. 1);
a membrane (150) secured to the membrane support (Lin fig. 1); and
a retainer ring (140) positioned in the recess of the housing (Lin fig. 1),
wherein the retainer ring may include a plurality of grooves and a plurality of bottom portions interleaved with the plurality of grooves (ring 300B, described as an alternative embodiment of retainer ring 140 includes grooves 310 and bottom portions between the grooves, Lin fig. 3b and 4:17-27) and a first plurality of protrusions on one of the plurality of bottom portions (ring 500 includes a plurality of abrasive protrusions as part of abrasive structure 520, Lin figs. 5a-5b and 5:3-33).
Lin does not explicitly disclose a single embodiment wherein the retainer ring includes both grooves and protrusions. However, it would have been obvious for one of ordinary skill in the art before the effective filing date to combine the different embodiments taught by Lin in a single embodiment including both the grooves and the protrusions, as doing so represents the combination of known prior art elements according to known methods, and the results of such a combination would have been predictable to one of ordinary skill.
Lin does not teach that the protrusions were formed by engraving, thereby defining a first plurality of engraved regions on one of the plurality of bottom portions, wherein the first plurality of engraved regions have an outermost surface comprising a thermoplastic polymer.
However, Chen '066 teaches a tool (1, Chen '066 fig. 6) for conditioning a polishing pad (Chen '066 [0050]), wherein the tool includes protrusions (uneven portion 100 includes protrusions, see Chen '066 fig. 4 and [0045]) formed by a mechanical process (e.g., laser etching, wire EDM cutting, dicing saw, punching etc., Chen '066 [0036]) and a protective layer (30) on an outermost surface of protrusions (100, Chen '066 fig. 4 and [0045]), wherein the protective layer is made of a thermoplastic polymer (PEEK, Chen '066 [0048], which is disclosed in the present application as an example of a suitable material, see Specification [0044]).
It would have been obvious for one of ordinary skill in the art before the effective filing date to modify the invention of Lin according to the teachings of Chen '066 such that the protrusions were formed by a mechanical process and included a protective layer on an outermost surface of the first plurality of protrusions made of a thermoplastic polymer such as PEEK, as doing so would increase corrosion resistance, wear-resistance, durability, heat resistance, chemical-resistance in the wafer polishing process, and usage life. Chen '066 [0054].
Furthermore, although neither Lin nor Chen '066 explicitly teach the use of engraving to form protrusions, it has been held that “even though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process.” In re Thorpe, 777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985).
Consequently, Lin as modified teaches the claimed invention, because the combination teaches every recited structural element of the claim and there is no indication from the disclosure that the use of an engraving process would result in a different structure for the protrusions than a product formed using one of the mechanical processes taught by Chen '066.
20. Lin as modified teaches the chemical mechanical polishing system of claim 19, wherein the first plurality of engraved regions is made of a non-diamond material (Lin as modified by Chen '066 would have an outer layer of PEEK on the protrusions. PEEK is a non-diamond material. Furthermore, Lin teaches that the film used as a base material for the bottom surface may be a metal oxide film or metal nitride film, see Lin 5:12-21).
21. Lin teaches a carrier head (100) of a chemical mechanical polishing system, comprising:
a housing (132) including a recess (138);
a membrane support (134), wherein the housing encloses the membrane support (Lin fig. 1);
a membrane (150) secured to the membrane support (Lin fig. 1); and
a retainer ring (140) positioned in the recess of the housing (Lin fig. 1),
wherein the retainer ring may include a plurality of grooves and a first plurality of bottom portions (ring 300B, described as an alternative embodiment of retainer ring 140 includes grooves 310 and bottom portions between the grooves, Lin fig. 3b and 4:17-27),
wherein the plurality of grooves has a longitudinal axis extending from a perimeter of the retainer ring toward a center of the retainer ring (grooves 310 extend in radial directions, Lin fig. 3b), one of the first plurality of bottom portions comprises first protrusions (ring 500 includes a plurality of abrasive protrusions as part of abrasive structure 520, Lin figs. 5a-5b and 5:3-33), and the first protrusions are arranged in rows and columns (Lin fig. 5b).
Lin does not explicitly disclose a single embodiment wherein the retainer ring includes both grooves and protrusions. However, it would have been obvious for one of ordinary skill in the art before the effective filing date to combine the different embodiments taught by Lin in a single embodiment including both the grooves and the protrusions, as doing so represents the combination of known prior art elements according to known methods, and the results of such a combination would have been predictable to one of ordinary skill.
Lin as modified does not teach that an outermost surface of the first protrusions is made of a thermoplastic polymer.
However, Chen '066 teaches a tool (1, Chen '066 fig. 6) for conditioning a polishing pad (Chen '066 [0050]), wherein the tool includes a protective layer (30) on an outermost surface of protrusions (100, Chen '066 fig. 4 and [0045]), wherein the protective layer is made of a thermoplastic polymer (PEEK, Chen '066 [0048], which is disclosed in the present application as an example of a suitable material, see Specification [0044]).
It would have been obvious for one of ordinary skill in the art before the effective filing date to modify the invention of Lin as modified according to the teachings of Chen '066 such that the protrusions included a protective layer on an outermost surface of the first protrusions made of a thermoplastic polymer such as PEEK, as doing so would increase corrosion resistance, wear-resistance, durability, heat resistance, chemical-resistance in the wafer polishing process, and usage life. Chen '066 [0054].
24. Lin as modified teaches the carrier head of claim 21, wherein at least one of the first protrusions comprises a pyramid-shaped protrusion (protrusions are pyramidal, Lin fig. 5b).
25. Lin as modified teaches the carrier head of claim 21, Lin does not explicitly disclose that at least one of the first protrusions comprises four sides and a plateau.
However, Chen '066 teaches a trapezoidal shape for protrusions comprising four sides and a plateau (see Chen '066 figs. 8-9 and [0043]-[0044]).
It would have been obvious to one of ordinary skill before the effective filing date to modify the teachings of Lin as modified such that at least one of the first protrusions comprises four sides and a plateau, as doing so represents no more than the simple substitution of one protrusion shape for another, and the results of such a substitution would have been predictable to one of ordinary skill.
28. Lin as modified teaches the carrier head of claim 21, wherein one of the first plurality of bottom portions further comprises second protrusions spaced apart from the first protrusions (any group of protrusions is capable of being subdivided into any number of groups, including groups such that first and second pluralities of protrusions were separated by a distance including at least one additional plurality of protrusions).
29. Lin as modified teaches the carrier head of claim 28, wherein one of the first plurality of bottom portions further comprises a flat region adjoining the first protrusions and the second plurality of protrusions (defining the groups of protrusions such that both the first and second plurality of protrusions were adjacent an inner side of the retainer ring would result in both protrusions adjoining the flat inner side surface, see, e.g. Lin fig. 5a, showing flat inner and outer surfaces).
Claims 3 and 22-23 are rejected under 35 U.S.C. 103 as being unpatentable over Lin and Chen '066 as applied to claims 1 and 21 above, respectively, and further in view of Ploessl (US 5885137).
3. Lin as modified teaches the carrier head of claim 1, but does not teach that the retainer ring further comprises: a vacuum hole placed between two neighbors of the plurality of grooves.
However, Ploessl teaches the concept of providing a conditioner (60) having a lower surface including conditioning elements (80) and vacuum holes placed therebetween (Ploessl fig. 3 and 4:35-56).
It would have been obvious for one of ordinary skill before the effective filing date to integrate the teachings from Ploessl regarding the use of vacuum holes in conditioning surfaces into the carrier head of Lin as modified such that the retainer ring comprised a vacuum hole placed in the conditioning surface between two neighbors of the plurality of grooves, as doing so would result in improved optimization of the conditioning process (Ploessl 3:17-21).
22. Lin as modified teaches the carrier head of claim 21, but does not teach that the retainer ring further comprises a second vacuum hole laterally beside the first protrusions.
However, Ploessl teaches the concept of providing a conditioner (60) having a lower surface including conditioning elements (80) and vacuum holes placed therebetween, including vacuum holes (78) located in grooves between conditioning elements (see Ploessl fig. 3 and 4:35-56).
It would have been obvious for one of ordinary skill before the effective filing date to integrate the teachings from Ploessl regarding the use of vacuum holes in conditioning elements into the carrier head of Lin such that the retainer ring comprised a second vacuum hole laterally beside the first protrusions, as doing so would result in improved optimization of the conditioning process (Ploessl 3:17-21).
23. Lin as modified teaches the carrier head of claim 22, wherein the second vacuum hole is laterally spaced apart from the first protrusions by a non-zero spacing (vacuum holes are located on sides of grooves, the protrusions of Lin are located on the lower surfaces of the retaining ring, therefore the vacuum holes are spaced apart from the protrusions).
Claims 26 and 27 are rejected under 35 U.S.C. 103 as being unpatentable over Lin in view of Chen '066 as applied to claim 21 above, and further in view of Lee et al. (US PGPub 2014/0154956, "Lee").
Regarding claims 26 and 27, Lin as modified teaches the carrier head of claim 21, but does not specifically teach that at least one of the first protrusions is cube-shaped, or is cylinder-shaped.
However, Lee teaches a retainer ring (100) comprising a plurality of grooves (120), bumps (110) between the grooves, and protrusions located on the bumps (see Lee fig. 3), wherein the protrusions may have a cuboid shape (Lee fig. 5b), or may be cylindrical (Lee [0054]). It would have been obvious to one of ordinary skill before the effective filing date to modify the carrier head of Lin as modified such that the protrusions were cube-shaped or cylinder-shaped, as doing so represents no more than the simple substitution of one protrusion shape for another, and the results of such a substitution would have been predictable to one of ordinary skill.
Claim 30 is rejected under 35 U.S.C. 103 as being unpatentable over Lin in view of Chen '066 as applied to claim 21 above, and further in view of Huynh et al. (US 6432823, "Huynh").
30. Lin as modified teaches the carrier head of claim 21, but does not teach that one of the plurality of grooves comprises a flat region and a non-flat region.
However, Huynh teaches that it is known in the polishing art that embossing a surface with small pyramids enhances slurry distribution (Huynh 5:24-35). It would have been obvious to one of ordinary skill in the art to incorporate the teachings from Huynh in a further modification to the carrier head of Lin as modified such that the grooves included a flat region and a pyramid-shaped non-flat region, as doing so would improve the flow of slurry and debris through the grooves (Huynh 5:24-35).
Claim 32 is rejected under 35 U.S.C. 103 as being unpatentable over Lin in view of Chen '066 as applied to claim 21 above, and further in view of Chen et al. (US 7344434, "Chen '434").
32. Lin as modified teaches the carrier head of claim 21, but does not teach that the one of the first plurality of bottom portions comprises at least one rounded corner.
However, Chen '434 teaches a retainer ring (100) having wherein the bottom of the retainer ring is rounded (see Chen '434 figs. 7-12) to approximate an equilibrium state (see Chen '434 9:12-10:6).
It would have been obvious to one of ordinary skill before the effective filing date to modify the carrier head of Lin as modified according to the teachings of Chen '434 regarding retainer ring equilibrium geometry such that at least one of the first plurality of bottom portions comprises at least one rounded corner, as doing so would reduce costs associated with retainer ring break-in (see Chen '434 10:35-48).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-7, 19-30, and 32 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.
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.
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/J.R.Z./Examiner, Art Unit 3723
/MONICA S CARTER/Supervisory Patent Examiner, Art Unit 3723
1 See, e.g. Centanni et al. (US 6967315, "Centanni"), which distinguishes between suitable thermoplastic and thermosetting polymers and lists each of the disclosed compounds in the category of thermoplastic polymers. Centanni 13:56-14:15).
2 “Plastics”, Oxford University Press. (2020). Dictionary of Chemistry (8th Edition) - Picric Acid to Polarization of Light. Oxford University Press. Retrieved from https://app.knovel.com/hotlink/pdf/rcid:kpDCE00036/id:kt012L4H3E/dictionary-chemistry/picric-acid-polarization
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