DETAILED ACTION
Notice of Pre-AIA or AIA Status
This action is in response to the claims set filed 05/19/2023. Claims 1-10 are currently pending.
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the limitation “an inner heating element embedded inside and below the outer heating element” recited in claim 10 must be shown or the feature(s) canceled from the claim(s). Currently, the instant figures only show an inner heating element provided below the outer heating element; none of them show an inner heating element embedded inside (as well as below) the outer heating element as required the claim. No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
The following title is suggested: “CERAMIC HEATER WITH A PLURALITY OF TEMPERATURE SENSORS”.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 10 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Regarding Claim 10, the limitation “an inner heating element embedded inside and below the outer heating element” leads to the claim failing the written description requirement. The instant disclosure fails to sufficiently describe ‘an inner heating element that is simultaneously embedded inside the outer heating element as well as provided below said outer heating element’ in such a way that it is unclear that Applicant had possession of the claimed invention at the effectively filed date.
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 3-4 and 10 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.
Claim 3 recites the limitation "the at least one of the heating elements". There is insufficient antecedent basis for this limitation in the claim.
Claim 4 recites the limitation "the at least one of the heating elements". There is insufficient antecedent basis for this limitation in the claim.
Regarding Claim 10, the limitation “an inner heating element embedded inside and below the outer heating element” renders the claim indefinite. It is unclear how an inner heating element could be embedded inside the outer heating element while simultaneously be provided below said outer heating element.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-4 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by JP2003297531A, herein referenced as Ito.
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Figure 6 of Ito
Regarding Claim 1, Ito discloses a ceramic heater comprising:
a ceramic base member (ceramic substrate 31 fig. 6) including: an upper surface (31a fig. 3) and a lower surface (31b fig. 3) opposite to the upper surface in an up-down direction (shown in figs. 3 and 6);
a plurality of heating elements (see resistance heating elements 32a to 32h in fig. 4) embedded in the ceramic base member (shown in figs. 5-6); and
a plurality of temperature sensors (see plurality of bottomed holes 34 in figs. 4 and 6 which are each provided with a temperature measuring element 18 as shown in fig. 6) each including a temperature sensing portion (see top of temperature measuring elements 18 in fig. 6) embedded in the ceramic base member (shown in fig. 6), wherein
the temperature sensing portion of at least one of the plurality of temperature sensors is positioned in a location not overlapping with the plurality of heating elements (the tips of the temperature measuring elements 18 are shown to be provided in figs. 4 and 6 such that they do not vertically overlap the resistance heating elements 34,34a-34h) in the up-down direction.
Regarding Claim 2, Ito discloses the ceramic heater according to claim 1, wherein
a distance D1 in the up-down direction between the upper surface of the ceramic base member (see heating/top surface 31a of ceramic substrate 31 in figs. 5 and 6) and the temperature sensing portion (see tips of temperature measuring elements 18 in fig. 6) of the at least one of the plurality of the temperature sensors (18 fig. 6) satisfies 1 mm≤D1≤4 mm (“The distance between the bottom of the bottomed hole 14 and the heating surface 11a is preferably 0.1 mm to 1/2 the thickness of the ceramic substrate” pr. 50, the position of the bottom of the bottomed holes 14,34 is analogous to the position of the elements 18 as shown in fig. 6; this range of D1 being from 0.1 mm to ½ of the thickness of the ceramic substrate 31 overlaps with the claimed range for D1 thereby anticipating it).
Regarding Claim 3, Ito discloses the ceramic heater according to claim 2, wherein
a length D0 in the up-down direction of the ceramic base member (see thickness of ceramic substrate 31 in figs. 5-6), the distance D1, and a distance D2 (see distance between the heating surface 31a and the heating elements 32 in figs. 5-6) in the up-down direction between the upper surface of the ceramic base member and the at least one of the heating elements satisfy D2/D0≤0.4 (“When a resistance heating element is formed inside the ceramic substrate, it is desirable that the resistance heating element be formed at a position 60% or less in the thickness direction from the surface opposite the heating surface” pr. 120; this value of a position 60% in the thickness direction from the bottom surface (i.e. opposite of the heating surface) would mean that the resistance heating elements can be position 40% from the top surface of the ceramic substrate 31 anticipating D2/D0≤0.4) and 1 mm≤D1≤D2 (the value of for D1 anticipates this since the statement of range provided in pr. 50 overlaps with this range as detailed above in the rejection of claim 2 above; since the heating elements 32 are positioned further away from the heating/top surface than the temperature sensing portions, as shown in figs. 6 and 8b and described in pr. 50, D2 would be greater than D1).
Regarding Claim 4, Ito discloses the ceramic heater according to claim 2, wherein
a length D0 in the up-down direction of the ceramic base member and a distance D2 in the up-down direction between the upper surface of the ceramic base member and the at least one of the heating elements satisfy 0.5≤D2/D0≤0.9 (“When a resistance heating element is formed inside the ceramic substrate, it is desirable that the resistance heating element be formed at a position 60% or less in the thickness direction from the surface opposite the heating surface” pr. 120; this statement establishes that the range for placement of the heating element can be at a position 40% or greater in the thickness direction from the top/heated surface, which overlaps with the claimed range).
Claim(s) 1 and 7-9 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2021/0242053, herein referenced as Matsushita.
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Figure 3 of Matsushita
Regarding Claim 1, Matsushita discloses a ceramic heater comprising:
a ceramic base member (ceramic plate 20 fig. 3) including: an upper surface (wafer placement surface 20a fig. 2) and a lower surface (20b fig. 2) opposite to the upper surface in an up-down direction (see figs. 2-3);
a plurality of heating elements (22 and 24 fig. 3) embedded in the ceramic base member (20 fig. 3); and
a plurality of temperature sensors (see inner-peripheral-side thermocouple 48 and outer-peripheral-side thermocouple 50 in fig. 3; also see outer-peripheral-side thermocouple 150 in fig. 7) each including a temperature sensing portion embedded in the ceramic base member (see temperature measurement portion 48a of 48 and temperature measurement portion 50a in figs. 2-3; alternatively, or additionally, see temperature measurement portion 150a of 150 in fig. 7), wherein
the temperature sensing portion (see 48a of 48 in fig. 2; see 50a of 50 in fig. 3; or see 150a in fig. 7) of at least one of the plurality of temperature sensors is positioned in a location not overlapping with the plurality of heating elements (see 22 and 24 in fig. 3) in the up-down direction (48a of 48 is shown not to overlap vertically with any of the heating elements 22,24 in fig. 2; 50a of 50 is shown not to overlap vertically with any of the heating elements 22,24 in fig. 3; and 150a is shown not to overlap vertically with any of the heating elements 22,24 in fig. 7).
Regarding Claim 7, Matsushita discloses the ceramic heater according to claim 1, further comprising a shaft (40 fig. 2) joined to the lower surface of the ceramic base member (surface 20b of 20 in fig. 2), wherein
the plurality of temperature sensors (50 and 48 fig. 2) is wired in an area located inside of an outer diameter of the shaft (see wiring of 50 and 48 provided within the shaft 40 in fig. 2).
Regarding Claim 8, Matsushita discloses the ceramic heater according to claim 1, wherein
the ceramic base member (20 fig. 3) includes a plurality of holes (see passage 26 and recess 49 in figs. 2-3) in which the plurality of temperature sensors (48 and 50 in figs. 2-3) is arranged, and
a hole (see passage 26 in fig. 3), among the plurality of holes, in which the at least one of the temperature sensors (see thermocouple 50 fig. 3) is arranged includes a first curved portion (see curved portion 26c fig. 3) extending in a curved or polygonal line (shown in fig. 3) in a horizontal direction orthogonal to the up-down direction (the curved portion 26c is shown to extend in a plane that extends in the horizontal direction orthogonal to the up-down direction in fig. 3).
Regarding Claim 9, Matsushita discloses the ceramic heater according to claim 1, wherein
the ceramic base member (20 fig. 3) includes a plurality of holes (see passage 126 in fig. 7 and recess 49 in fig. 2) in which the plurality of temperature sensors (48 fig. 2 and 150 fig. 7) is arranged, and
a hole (see passage 126 fig. 7), among the plurality of holes, in which the at least one of the temperature sensors (150 fig. 7) is arranged includes a second curved portion (see curved portion 126c in fig. 7) extending in a curved or polygonal line in the up-down direction (curved portion 126c shown to extend in a plane that includes the up-down direction in fig. 7).
Claim(s) 1 and 5-6 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2019/0341279, herein referenced as Umeki.
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Figure 1 of Umeki
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Figure 9 of Umeki
Regarding Claim 1, Umeki discloses a ceramic heater comprising:
a ceramic base member (10 fig. 1) including: an upper surface (10a fig. 1) and a lower surface (10b fig. 1) opposite to the upper surface in an up-down direction (see fig. 1);
a plurality of heating elements (see top-side second resistive portion 32 in fig. 4 and resistive portions 41 and 42 for bottom side heating resistor 40 in fig. 9; the top-side first resistive portion 31 which includes 31a and 31b can be interpreted as not being a heating element since the “top-side first resistive element 31 a, 31 b is wide in area as mentioned above and thus is low in electrical resistance. Accordingly, the amount of Joule heat generated from the top-side first resistive element 31 a, 31 b by current supply thereto becomes small. This leads to the effect that, in the occupation region of the bottom-side heating resistor 40 (in top view), uniformity of heat would not be interfered with by heat generation from the top-side heating resistor 30” pr. 54, this would be similar rationale that Applicant uses in pr. 32 of the instant application where the 112a heater portion is interpreted as a heating element while the conduction portion 112b may not be interpreted as such) embedded in the ceramic base member (see fig. 1); and
a plurality of temperature sensors (see “temperature sensor parts (indicated by black dots in FIG. 9)” pr. 68) each including a temperature sensing portion embedded in the ceramic base member (since the black dots representing the temperature sensor parts in fig. 9 would at least be at the same level as the bottom resistor 40, which is shown to be embedded in fig. 1, the temperature sensor parts would also be embedded in the ceramic substrate 10 fig. 1), wherein
the temperature sensing portion of at least one of the plurality of temperature sensors (see black dots in fig. 9) is positioned in a location not overlapping with the plurality of heating elements (32 fig. 4 and 41,42 in fig. 9) in the up-down direction (the location of the black dots in fig. 9 is shown not to overlap with the resistive portions 41,42 in fig. 9 and would not overlap with the resistive portion 32 in fig. 4 given that it is provided along the periphery).
Regarding Claim 5, Umeki discloses the ceramic heater according to claim 1, wherein
the plurality of heating elements is arranged to form a plurality of gaps (see plurality of gaps formed between adjacent resistive elements in fig. 9),
the temperature sensing portion of the at least one of the temperature sensors is arranged to overlap in the up-down direction with a crossing region in which the plurality of gaps intersects (see uppermost black circle/dot representing a temperature sensor part in fig. 9; the uppermost black circle/dot is shown to be at a crossing region between a vertically orientated gap and a slanted gap in fig. 9).
Regarding Claim 6, Umeki discloses the ceramic heater according to claim 1, wherein at least one of the plurality of heating elements includes an opening (see opening, i.e. gap or free space, formed by the wavy/bent shape of the innermost pair of bottom-side second resistive elements 42a for the right temperature sensor part indicated by the black dot/circle in fig. 9; “innermost pair of bottom-side second resistive elements 42 a are formed in a wavy, bent or meandering shape to avoid the temperature sensor parts as in the case of the bottom-side first resistive elements 41 a and 41 b” pr. 68), and
the temperature sensing portion of the at least one of the plurality of temperature sensors is arranged to overlap with the opening (the temperature sensor part (black dot/circle) on the right in fig. 9 is shown to overlap with the vertical position of the opening, i.e. gap or free space, formed by the wavy/bent shape of 42a in fig. 9) in the up-down direction.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Umeki, as applied to claim 1 above, and further in view of Ito.
Regarding Claim 10, Umeki discloses the ceramic heater according to claim 1, wherein
the plurality of heating elements includes:
an outer heating element (32 fig. 4) embedded in a peripheral portion of the ceramic base member (32 is shown to be provided in a peripheral portion and embedded in the ceramic substrate in figs. 1 and 4); and
an inner heating element (see resistive portions 41 and 42 for bottom side heating resistor 40 in fig. 9 which are shown to be embedded in the ceramic substrate 10 in fig. 1) embedded inside and below the outer heating element (the resistive portions 41,42 of 40 are shown to be provided radially inside the dimensions of 32 in figs. 1, 4 and 9 as well as being provided below 32 in fig. 1).
However, Umeki fails to anticipate a distance in the up-down direction between the temperature sensing portion of the at least one of the plurality of the temperature sensors and the outer heating element is smaller than a distance in the up-down direction between the temperature sensing portion of the at least one of the temperature sensors and the inner heating element.
Umeki and Ito are analogous art since they both relate to the field of endeavor of heating assemblies.
Ito teaches that “the distance between the bottom of the bottomed hole 14 and the heating surface 11a is preferably 0.1 mm to 1/2 the thickness of the ceramic substrate” in pr. 50. Ito further teaches that “this brings the temperature measurement location closer to the heating surface 11a than to 24-02-2026 - Page 34 the resistance heating element 12, making it possible to measure the temperature of the semiconductor wafer more accurately” in pr. 50.
Therefore, it would have been obvious before the effective filing date of invention to one of ordinary skill in the art to have modified the position of the temperature measurement locations of Umeki such that they are arranged closer to the heating/top surface than to the resistance heating element(s), as disclosed by Ito, so as to obtain the benefit of ‘measuring the temperature of the semiconductor wafer more accurately as taught by Ito. This modification would result in the vertical distance between the temperature sensing portion of the at least one of the plurality of the temperature sensors and the outer heating element is smaller than a distance in the up-down direction between the temperature sensing portion of the at least one of the temperature sensors and the inner heating element (since the outer heating element 32 of 30 is shown to be vertically closer to the top/heating surface than 41,42 of 40 in figs. 1, 4 and 9 of Umeki, the temperature sensing portion of the at least one temperature sensor would be vertically closer to the outer heating element than the inner heating element since it is provided even closer to the heating/top surface in Umeki as modified by Ito).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 10879089 – US patent grant of prior art cited above.
US 2021/0159102 and US 12120782 – discloses the invention of claim 1.
US 11874180 – discloses a hole for a thermocouple which is capable of having two adjacent thermocouple fed into the single hole, the hole can also include various bends and curves.
US 2004/0011782 – discloses the invention of claim 1 and also discusses providing internal heating element 50% to 99% of the thickness away from the heating surface of a ceramic base member.
KR20030075736A – discloses an apparatus for heating a semiconductor substrate, the apparatus includes thermocouples which are provided through a hole/hollow of the heating element(s) and is internal of a base member.
JP2017188262A and JP2001102157A – discloses a ceramic heater where a plurality of heating elements are embedded in a ceramic base member, the heating elements can be provided at different positions such that they can be below/above one another.
US 10453712 – discloses a ceramic heater, the ceramic heater having a temperature sensor which is provided in a hole which has a curved sections along a horizontal plane.
US 12089297, US 11664244 and US 10840117 - discloses a ceramic heater, the ceramic heater having a temperature sensor which is provided in a hole of a ceramic member and the hole has a curved sections along a vertical plane.
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/W.L.F./Examiner, Art Unit 3745
/COURTNEY D HEINLE/Supervisory Patent Examiner, Art Unit 3745