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 .
This Office action is in response to amendments filed on 03/27/2026. Claims 1-20 are pending; claims 1-16 are rejected; and claims 17-20 are withdrawn. The previously filed specification objection is withdrawn, as necessitated by the newly filed abstract.
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 16 is rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Hsu (US 2003/0224678).
Regarding claim 16, Hsu (US 2003/0224678) discloses a chemical mechanical polishing apparatus (item 100; fig. 1) comprising:
a polishing table (includes items 230, 236, 278, 280; fig. 2A) including an attachment feature (pp. [0042] and [0044-0045]; items 282, 284); and
a polishing pad carrier (includes items 242, 246, 250, 262, 270; fig. 2A) configured to:
remove a first, worn polishing pad from the polishing table (pp. [0051]; polishing pad carrier is capable of removing first, worn polishing pad from polishing table 230 when first polishing pad is used);
unwind a second, replacement polishing pad from a roll (pp. [0049]; polishing pad carrier is capable of unwinding a second, replacement polishing pad onto the polishing table 230 from supply roll 240; fig. 2A), the second, replacement polishing pad disconnected from the first, worn polishing pad (pp. [0049] and [0051]; polishing pad carrier is removably coupled to polishing table and thereby, capable of disconnecting the first, worn polishing pad within take up roll 248 from second, replacement polishing pad from supply roll 250); and
position the second, replacement polishing pad on the polishing table (pp. [0044]; polishing pad carrier is capable of positioning the second, replacement polishing pad on the polishing pad via rollers 242, 246 and adsorption features),
wherein the polishing pad attachment feature includes an adsorption feature (pp. [0044-0046]; includes items 282, 284, and apertures on polishing table; similar to applicant’s disclosure in which adsorption feature is a port(s) for negative pressure to be applied to polishing pad) to selectively attach and detach the polishing pads to and from the polishing table (pp. [0044 and [0046]; when vacuum is supplied, polishing pads are firmly attached to polishing pad and when air is blasted through apertures, polishing pad may be released from polishing table).
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 1-4, 9-11, and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Hsu (US 2003/0224678) in view of Doyle (US 2006/0154569).
Regarding claim 1, Hsu (US 2003/0224678) discloses a chemical mechanical polishing apparatus (item 100; fig. 1) comprising:
a polishing table (includes items 230, 236, 278, 280; fig. 2A);
a polishing pad attachment feature (pp. [0042] and [0044-0045]; items 282, 284) on a surface of the polishing table (defined as apertures on item 278 of polishing table; pp. [0046]; not explicitly shown);
a polishing pad supply area (defined as area outside of polishing table and within walls of housing 254; fig. 2A) outside the polishing table (polishing pad supply area extends beyond outer walls, i.e. boundary, of polishing table, in left-right direction in view of figs. 1 and 2A); and
a polishing pad carrier (includes items 242, 246, 250, 262, 270; fig. 2A) configured to move a polishing pad from the polishing pad supply area to the polishing pad attachment feature (pp. [0048-0052]; polishing pad carrier is capable of supplying polishing pad from polishing pad supply area to surface of polishing table),
wherein the polishing table is configured to rotate the polishing pad (pp. [0040-0041]; polishing table 230, which directly connects with polishing pad and carrier, rotates relative to base 140),
wherein the polishing pad in the polishing pad supply area is continuously wound in a roll (item 240; pp. [0049]; fig. 2A),
wherein the polishing pad attachment feature includes an adsorption feature (pp. [0044-0046]; includes items 282, 284, and apertures on polishing table; similar to applicant’s disclosure in which adsorption feature is a port(s) for negative pressure to be applied to polishing pad) to attach the polishing pad to the polishing table (pp. [0044]).
Though Hsu discloses the polishing table may releasably fix the polishing pad by adhesives, vacuum, mechanical clamps, or by other holding methods (pp. [0042] and [0045]), Hsu does not explicitly disclose wherein the polishing pad attachment feature also includes a magnetic feature.
However, Doyle (US 2006/0154569) discloses a chemical mechanical polishing apparatus (item 100; fig. 1) comprising: a polishing table (item 230; fig. 2); a polishing pad attachment feature (pp. [0035-0039]; items 240, 246, 280; fig. 2) on a surface of the polishing table; and a polishing pad (item 222; pp. [0032]; fig. 2); wherein the polishing pad attachment feature includes a magnetic feature (pp. [0035-0037]; item 240 of polishing pad attachment feature is a magnetic element; fig. 2) and an adsorption feature (pp. [0039]; items 246, 280; fig. 2; similar to applicant’s disclosure in which adsorption feature is a port(s) for negative pressure to be applied to the polishing pad) to attach the polishing pad to the polishing table (pp. [0039]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the polishing pad attachment feature, as disclosed in Hsu, to further include a magnetic feature in addition to the adsorption feature, as taught in Doyle, in order to assist in urging the polishing pad to the surface of the polishing table and allow for the polishing pad to remain stationary relative to the polishing table to improve uniformity of the polishing process (pp. [0034-0035] in Doyle).
Regarding claim 2, Hsu as modified discloses the chemical mechanical polishing apparatus as claimed in claim 1, wherein the polishing pad attachment feature includes the magnetic feature (Doyle; pp. [0034-0038]; polishing pad attachment feature includes magnetic element 240; fig. 2).
Regarding claim 3, Hsu as modified discloses the chemical mechanical polishing apparatus as claimed in claim 1, wherein the polishing pad attachment feature includes the adsorption feature (pp. [0044-0046]; polishing pad attachment feature includes vacuum port to further adhere polishing pad 252 onto polishing table 230; fig. 2A).
Regarding claim 4, Hsu as modified discloses the chemical mechanical polishing apparatus as claimed in claim 1, wherein the polishing pad attachment feature includes the magnetic feature and the adsorption feature (pp. [0044-0046]; polishing pad attachment feature includes vacuum port to further adhere polishing pad 252 onto polishing table 230; fig. 2A; and further, as modified by Doyle, pp. [0034-0038] in Doyle, polishing pad attachment feature includes magnetic element 240 to further adhere polishing pad onto polishing table 230).
Regarding claim 9, Hsu as modified discloses the chemical mechanical polishing apparatus as claimed in claim, further comprising a sub pad (item 278; fig. 2A).
Hsu does not explicitly disclose wherein the sub-pad is magnetic. However, Doyle further discloses wherein magnetic elements may be disposed in other positions within the polishing table (pp. [0038]). Therefore, It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the sub-pad, as disclosed in Hsu, to further include a magnetic element, as taught in Doyle, in order to assist in providing an attractive force for securing a polishing pad to the surface of the polishing table (pp. [0038] in Doyle).
Regarding claim 10, Hsu as modified discloses the chemical mechanical polishing apparatus as claimed in claim 1, wherein the polishing pad comprises a magnetic material (pp. [0023]; polishing pad may include conductive materials).
Regarding claim 11, Hsu as modified discloses the chemical mechanical polishing apparatus as claimed in claim 1, further comprising a sub pad under the polishing pad (item 280; fig. 2A).
Hsu does not explicitly disclose a magnetic layer under the polishing table. However, Doyle further discloses wherein magnetic elements may be disposed in other positions within or adjacent the polishing table (pp. [0038]). Therefore, It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the layer under the polishing table (corresponding to item 278 in Hsu), as disclosed in Hsu, to include a magnetic element, as taught in Doyle, in order to assist in providing an attractive force for securing a polishing pad to the surface of the polishing table (pp. [0038] in Doyle).
Regarding claim 13, Hsu as modified discloses the chemical mechanical polishing apparatus as claimed in claim 1, wherein the polishing pad carrier has a rod shape (defined as rotary shaft through supply roll 240; figs. 1-2A).
Claims 1, 3, and 13-15 are rejected under 35 U.S.C. 103 as being unpatentable over Carlson (US Patent No. 6,634,932) in view of Doan (US 2002/0098785) and further in view of D’Ambra (US 2009/0270015).
Regarding claim 1, the prior art in Carlson (figs. 1-2) discloses a chemical mechanical polishing apparatus (item 100; fig. 2) comprising:
a polishing table (item 110; fig. 2);
a polishing pad supply area (defined as area in which item 120 is positioned; fig. 2; col. 2, ll. 33-38) outside the polishing table (supply area is disposed above and to the left of polishing table in view of fig 2); and
a polishing pad carrier (includes items 120, 121, 122, 123; fig. 2) configured to move a polishing pad (item 140; col. 2, ll. 21-45; fig. 2) from the polishing pad supply area to the polishing table (pad carrier is capable of moving, i.e. rolling, the polishing pad to the polishing table when needs to be replaced; fig. 2);
wherein the polishing pad in the polishing pad supply area is continuously wound in a roll (polishing pad 140 is round up in roll 120 within the designated supply area outside of the polishing table; fig. 2).
Carlson does not explicitly disclose a polishing pad attachment feature on a surface of the polishing table, wherein the polishing pad attachment feature includes an adsorption feature.
However, Doan (US 2002/0098785) discloses a chemical mechanical polishing apparatus (item 510; pp. [0050]; fig. 8) comprising: a polishing table (item 514; fig. 8); a polishing pad attachment feature (items 522, 570; pp. [0051]; fig. 8) on a surface of the polishing surface (defined as upper surface of polishing table, i.e. item 520; fig. 8); a polishing pad supply area (defined as area in which item 591 is positioned; pp. [0050]; fig. 8) outside the polishing table (supply area is disposed above and to the left of polishing table in view of fig. 8); and wherein the polishing pad attachment feature includes an adsorption feature (pp. [0050-0051]; items 522 are openings in which vacuum is suctioned through to secure polishing pad 548; similar to applicant’s disclosure in which adsorption feature is a port(s) for negative pressure to be applied to the polishing pad) to attach the polishing pad to the polishing table.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the polishing apparatus, as disclosed in the prior art figs. of Carlson, to include a polishing pad attachment feature including an adsorption feature, as taught in Doan, in order to tightly draw the polishing pad against the polishing table and thereby, be less likely to wrinkle the polishing pad when a substrate is engaged with the polishing pad during planarization (Doan; abstract).
Lastly, Carlson or Doan do not disclose wherein the polishing table is configured to rotate the polishing pad.
However, D’Ambra (US 2009/0270015) teaches a CMP machine comprising a supply roll (item 344; fig. 3C) and take-up roll (item 346; fig. 3C) analogous to the polishing pad carrier and supply roll in Carlson, wherein a polishing table (item 302; fig. 3C) is configured to rotate the polishing pad (pp. [0045]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the chemical mechanical polishing apparatus, as disclosed in Carlson, to further include a motor and shaft to rotate the polishing table and pad, as taught in D’Ambra, in order for the polishing table and polishing head to rotate thereby, ensuring the polishing pad and head are used evenly across all surfaces and minimizing variations on the surface.
Regarding claim 3, Carlson as modified discloses the chemical mechanical polishing apparatus as claimed in claim 1, wherein the polishing pad attachment feature includes the adsorption feature (Doan; pp. [0050-0051]; items 522 are openings in which vacuum is suctioned through to secure polishing pad 548; similar to applicant’s disclosure in which adsorption feature is a port(s) for negative pressure to be applied to the polishing pad).
Regarding claim 13, Carlson as modified discloses the chemical mechanical polishing apparatus as claimed in claim 1, wherein the polishing pad carrier has a rod shape (item 120 of polishing pad carrier is a singular, cylindrical rod; fig. 2).
Regarding claim 14, Carlson as modified discloses the chemical mechanical polishing apparatus as claimed in claim 1, wherein the polishing pad comprises a cutting pattern (items 147 along polishing pad 140; fig. 2; col. 2, ll. 66 through col. 3, ll. 1) having a predetermined shape (cutting pattern is predetermined as the sections 146 are attached to one another to form pattern; fig. 2).
Regarding claim 15, Carlson as modified discloses the chemical polishing apparatus as claimed in claim 14, wherein the cutting pattern has a broken line shape with predetermined intervals (cutting pattern 146 are seams, which is defined as joining two pieces together by stitches, i.e. broken lines, at predetermined intervals since the intervals are defined prior to the start of CMP process).
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Hsu (US 2003/0224678) in view of Doyle (US 2006/0154569), and further in view of Gurusamy (US Patent No. 6,419,559).
Regarding claim 12, Hsu as modified discloses the chemical mechanical polishing apparatus as claimed in claim 1, but does not explicitly disclose wherein the polishing pad carrier comprises an adsorption feature.
However, Gurusamy (US Patent No. 6,419,559) teaches a chemical mechanical polishing apparatus (fig. 1) comprising a polishing table (item 100; fig. 4), a polishing pad carrier (includes items 130, 132, 154, 160, 162, 182; fig. 4) analogous to the polishing pad carrier in Hsu, wherein the polishing pad carrier comprises an adsorption feature (adsorption feature is vacuum supply line configured to control take up portion of polishing pad carrier; col. 5, ll. 35-46).
Both Hsu and Gurusamy disclose means of supply and removing polishing pad(s). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the take-up portion of the polishing pad carrier, as disclosed in Hsu, with the adsorption feature in take-up roller of the polishing pad carrier, as taught in Gurusamy, to achieve the predictable result of supplying and removing polishing pad(s) from the polishing pad and preventing any backward movement of the polishing pad along the table.
Claims 5 and 7-8 are rejected under 35 U.S.C. 103 as being unpatentable over Hsu (US 2003/0224678) in view of Doyle (US 2006/0154569), and further in view of Chen (US Patent No. 9,481,069) and Doan (US 2002/0098785).
Regarding claim 5, Hsu as modified discloses the chemical mechanical polishing apparatus as claimed in claim 4, but does not explicitly disclose the details of the polishing pad attachment features disposed on the polishing table, i.e. wherein the magnetic feature comprises a plurality of rings each comprising at least one magnet, and the adsorption feature comprises a plurality of rings each comprising at least one adsorption opening.
However, Chen (US Patent No. 9,481,069) teaches a chemical mechanical polishing apparatus (fig. 1) comprising a polishing table (item 100; figs. 1-2) including a polishing pad attachment feature (item 200; figs. 1-2) and a polishing pad (item 30; figs. 1-2), wherein the polishing pad attachment feature is a magnetic feature (item 200 is an electromagnetic component; col. 2, ll. 16-17; figs. 1-2), and wherein the magnetic feature comprises a plurality of rings (items 212, 214, 216; fig. 2; col. 3, ll. 4-11) each comprising at least one magnet (each ring includes electromagnet 212, 214, 216; fig. 2).
Further, the embodiment of fig. 4 in Doan teaches a chemical mechanical polishing apparatus (item 110; pp. [0022]; fig. 2) comprising a polishing table (item 220; fig. 4) including a polishing pad attachment feature (items 222; fig. 4) and a polishing pad (item 140; fig. 2), wherein the polishing pad attachment feature is an adsorption feature (pp. [0034]; similar to applicant’s disclosure in which adsorption features are pores in which negative pressure is applied), and wherein the adsorption feature comprises a plurality of rings (items 222 are rings extending radially outward from center of circle; fig. 4) each comprising at least one adsorption opening (each ring moving radially outward from center of circle includes one continuous opening; fig. 4).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the polishing pad attachment features, as disclosed in Hsu as modified by Doyle, to each be arranged in a plurality of rings, such as the magnetic feature comprises a plurality rings, as taught in Chen, and the adsorption feature comprises a plurality of rings, as taught in Doan, in order to effectively align and adhere the position of the polishing pad on the polishing table (Chen; col. 3, ll. 31-36) and to prevent the polishing pad from wrinkling in the radial direction (Doan; pp. [0034]).
Regarding claim 7, Hsu as modified discloses the chemical mechanical polishing apparatus as claimed in claim 5, wherein each ring of the magnetic feature comprises a single continuous circumferentially extending magnet (Chen; each ring of magnetic feature 212, 214, 216 is a continuous extending electromagnet; col. 3, ll. 10-11; fig. 2), and
each ring of the adsorption feature comprises a single continuous circumferentially extending adsorption opening (Doan; each ring of adsorption feature 222 includes one arcuate vacuum aperture; pp. [0034]; fig. 4 of Doan).
Regarding claim 8, Hsu as modified discloses the chemical mechanical polishing apparatus as claimed in claim 7, wherein
each ring of the magnetic feature comprises a single continuous magnet extending circumferentially (Chen; each ring 212, 214, 216 is a continuous electromagnet; col. 3, ll. 10-11),
each ring of the adsorption feature comprises a single continuous adsorption opening extending circumferentially (Doan; each ring of adsorption feature 222 includes one arcuate vacuum aperture; pp. [0034]; fig. 4 of Doan).
Hsu as modified by Doyle and further by Chen and Doan is silent as to the exact arrangement of the plurality of rings on the polishing table and therefore, does not explicitly teach the rings of the magnetic feature and the rings of the adsorption feature are arranged alternately in a radial direction with respect to a center point of the polishing pad attachment feature.
However, it has been held that it is obvious for a person of ordinary skill to choose from a finite number of predictable solutions, with a reasonable expectation of success (refer to MPEP 2143.I.E). When providing Hsu as modified by Doyle’s disclosed combination of a magnetic feature and an adsorption feature on the polishing table (pp. [0034-0039]; fig. 2) in a plurality of rings arrangement, in view of the teachings from Chen and Doan, there are a finite number of identified, predictable locations of the plurality of magnetic rings and the plurality of adsorption rings that would have been available to a person of ordinary skill. Namely, the plurality of magnetic rings and the plurality of adsorption rings could be arranged such that, the plurality of magnetic rings are disposed entirely in the middle with the plurality of adsorption rings disposed on the outside (i.e. closer to the periphery), the plurality of magnetic rings are disposed on the outside with the plurality of adsorption rings disposed entirely in the middle, or another arrangement such as, alternately arranged rings of magnetic material and adsorption material. As these are the only possible locations of the plurality of magnetic rings and plurality of adsorption rings, a person of ordinary skill could have pursued any of these potential solutions with reasonable expectations of success. Therefore, it would have been obvious for a person having ordinary skill in the art before the time of the invention to arrange the plurality of magnetic rings and the plurality of rings of the adsorption feature alternately in a radial direction with respect to a center point of the polishing pad table, achieving the predictable result of adhering the polishing pad onto the polishing table as desired by Hsu (pp. [0042] and [0045]).
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Carlson (US Patent No. 6,634,932) in view of Doan (US 2002/0098785).
Regarding claim 16, the prior art in Carlson (figs. 1-2) discloses a chemical mechanical polishing apparatus (item 100; fig. 2) comprising:
a polishing table (item 110; fig. 2); and
a polishing pad carrier (includes items 120, 121, 122, 123; fig. 2) configured to:
remove a first, worn polishing pad from the polishing table (col. 2, ll. 21-45; fig. 2; pad carrier is capable of moving, i.e. rolling, a first, worn first section of polishing pad i.e. item 146, off the polishing table when needs to be replaced; fig. 2);
unwind a second, replacement polishing pad from a roll (col. 2, ll. 31-45; polishing pad carrier is capable of unwinding a second, replacement section of polishing pad, i.e. a new item 146, onto the polishing table 230 from supply roll 240; fig. 2A), the second, replacement polishing pad disconnected from the first, worn polishing pad (first, worn polishing pad is separate, i.e. disconnected, from second, replacement polishing pad via seams 147 and further, capable of being torn apart via seams 147); and
position the second, replacement polishing pad on the polishing table (polishing pad carrier is capable of positioning the second, replacement polishing pad on the polishing pad via rollers 121a, 121b, 122a, 122b; fig. 2).
wherein the polishing pad attachment feature includes an adsorption feature (pp. [0044-0046]; includes items 282, 284, and apertures on polishing table; similar to applicant’s disclosure in which adsorption feature is a port(s) for negative pressure to be applied to polishing pad) to selectively attach and detach the polishing pads to and from the polishing table (pp. [0044 and [0046]; when vacuum is supplied, polishing pads are firmly attached to polishing pad and when air is blasted through apertures, polishing pad may be released from polishing table).
Carlson does not explicitly disclose a polishing pad attachment feature on a surface of the polishing table, wherein the polishing pad attachment feature includes an adsorption feature.
However, Doan (US 2002/0098785) discloses a chemical mechanical polishing apparatus (item 510; pp. [0050]; fig. 8) comprising: a polishing table (item 514; fig. 8); a polishing pad attachment feature (items 522, 570; pp. [0051]; fig. 8) on a surface of the polishing surface (defined as upper surface of polishing table, i.e. item 520; fig. 8); a polishing pad supply area (defined as area in which item 591 is positioned; pp. [0050]; fig. 8) outside the polishing table (supply area is disposed above and to the left of polishing table in view of fig. 8); and wherein the polishing pad attachment feature includes an adsorption feature (pp. [0050-0051]; items 522 are openings in which vacuum is suctioned through to secure polishing pad 548; similar to applicant’s disclosure in which adsorption feature is a port(s) for negative pressure to be applied to the polishing pad) to attach the polishing pad to the polishing table.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the polishing apparatus, as disclosed in the prior art figs. of Carlson, to include a polishing pad attachment feature including an adsorption feature, as taught in Doan, in order to tightly draw the polishing pad against the polishing table and thereby, be less likely to wrinkle the polishing pad when a substrate is engaged with the polishing pad during planarization (Doan; abstract).
Allowable Subject Matter
Claim 6 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 6, the closest arts of record, Hsu (US 2003/0224678) in view of Doyle (US 2006/0154569) and further in view of Chen (US Patent No. 9,481,069) and Crevasse (US Patent No. 6,033,293) discloses the chemical mechanical polishing apparatus as claimed in claim 5.
Though Crevasse discloses wherein each ring of the adsorption feature comprises a plurality of circumferentially spaced apart adsorption openings (fig. 2B) in order to optimize the holding force of the vacuum source and the uniformity of force distributed across the pad (Crevasse; col. 4, ll. 38-41), neither Crevasse or any further art of record, suggests, teaches, or make obvious wherein each ring of the magnetic feature comprises a plurality of circumferentially spaced apart magnets, and the rings of the magnetic feature and the rings of the adsorption feature are arranged alternately in a radial direction with respect to a center point of the polishing pad attachment feature, as required by the claim, in combination with all additional elements of the claim.
Response to Arguments
Applicant’s arguments with respect to independent claims 1 and 16 have been considered but are moot because they are addressing newly amended claim limitations, as compared to the rejection of record. A new grounds 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. Upon further consideration and as necessitated by the amendments, a new grounds of rejection is made in view of Hsu (US 2003/0224678) in view of Doyle (US 2006/0154569) for independent claim 1; and in view of Hsu (US 2003/0224678) for independent claim 16. Further, the same primary reference from previous Office action, Carlson (US Patent No. 6,634,932) in view of Doan (US 2002/0098785), is used for independent claim 1, with a new teaching reference, D’Ambra (US 2009/0270015), as necessitated by the amendments.
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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/SIDNEY D FULL/Examiner, Art Unit 3723
/BRIAN D KELLER/Supervisory Patent Examiner, Art Unit 3723