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 .
Election/Restrictions
Applicant’s election without traverse of group I, claims 1-14, in the reply filed on 11/21/2025 is acknowledged.
Status of Claims
This action is in reply to the response filed on 11/21/2025. Claims 15-20 are withdrawn. Claims 1-14 are currently pending and have been examined.
Claim Interpretation
The term “sufficiently stiff” in claims 13-14 is interpreted to be definite in that one of ordinary skill in the art would be able to understand the four corners of the claims from the claimed recited functions and the would be able to judge what “sufficiently stiff” means based upon the result given.
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.
Claim 7 is 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.
Regarding claim 7, the limitation “wherein the controller is configured to reduce pressure in the pressurizable chamber to offset increased pressure by the flexure” is indefinite because the term “the flexure” is indefinite because it is unclear if the flexure is an additional element, such as the second flexible seal, or if the term “flexure” is describing the property of the second flexible seal. If this is an additional element then the term “the flexure” lacks proper antecedent basis.
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.
Claims 1-10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zuniga et al (US PGPUB No. 2021/0053178), hereinafter referred to as Zuniga.
Regarding claim 1, Zuniga discloses a chemical mechanical polishing system, comprising:
a platen [Zuniga, page 1, pp 0006];
a carrier head [Zuniga, fig 1A, 100] including
a housing for attachment to a drive shaft [Zuniga, fig 1A, 102], wherein the housing includes an upper carrier body [Zuniga, fig 1A, 104] and a lower carrier body that is vertically movable relative to the upper carrier body [Zuniga, fig 1A,106],
a first flexible seal forming a first pressurizable chamber between the upper carrier body and the lower carrier body [Zuniga, see annotated fig 1A, item A, which forms 110],
a membrane assembly [Zuniga, fig 1B, 500] arranged beneath the lower carrier body, the membrane assembly including a membrane support [Zuniga, fig 1B, 716] and a flexible membrane [Zuniga, fig 1B, 600 and 700] secured to the membrane support to define a plurality of pressurizable lower chambers [Zuniga, fig 1A, 650], the flexible membrane having a lower surface that provides a substrate mounting surface [Zuniga, fig 1B, bottom surface of 700 that supports wafer 10], and
a second flexible seal forming a second pressurizable chamber between the upper carrier body and the lower carrier body [Zuniga, figs 1A and 1B, 900 which forms chamber 726]; and
a controller [Zuniga, fig 1A, 910] configured to receive a signal from a sensor [Zuniga, fig 1A, 950 is functionally connected to 910] arranged to generate data indicative of a pressure in the second pressurizable chamber and configured to control a pressure source to pressurize the second pressurizable chamber based on the signal [Zuniga, page 3, pp’s 0030-0033].
Regarding claim 2, Zuniga further discloses the system of claim 1, comprising the sensor in the housing configured to measure a distance from the sensor to the membrane assembly [Zuniga, page 3, pp 0032].
Regarding claim 3-5, Zuniga further discloses the system of claim 2, comprising the sensor arranged in the lower carrier body and configured to generate the signal based on a distance between the lower carrier body and the membrane support [Zuniga, page 3, pp 0032 and fig 1B, 950 is on the lower carrier body and 106 and measures a target 954 on the membrane support 716] (clm 3); wherein the sensor is mounted on the lower carrier body [Zuniga, fig 1B, 950 is mounted on 106] (clm 4); wherein the lower carrier body is vertically movable relative to the upper carrier body [Zuniga, page 2, pp 0016, 106 is vertically movable relative to 104] (clm 5).
Regarding claim 6, Zuniga further discloses the system of claim 2, wherein the sensor is an eddy current sensor, a radar sensor, a laser sensor, or an ultrasonic sensor [Zuniga, page 3, pp 0032].
Regarding claim 7, Zuniga further discloses the system of claim 1, wherein the controller is configured to reduce pressure in the pressurizable chamber to offset increased pressure by the flexure [Zuniga, page 4, claim 15].
Regarding claim 8, Zuniga further discloses the system of claim 1, further comprising a retaining ring connected to the lower carrier body, wherein wear on the retaining ring causes the distance to decrease [Zuniga, page 3, claim 16].
Regarding claim 9, Zuniga further discloses the system of claim 1, wherein the controller is configured to cause the second pressurizable chamber to be vented to atmosphere to permit the membrane assembly to rest on the polishing pad for generation of the signal from the sensor [Zuniga, page 3, pp’s 0028-0029, 926 is controlled by 910 to decrease the pressure].
Regarding claim 10, Zuniga further discloses the system of claim 1, wherein the controller is configured to cause the second pressurizable chamber to be pressurized to press the membrane assembly onto the polishing pad for generation of the signal from the sensor [Zuniga, page 3, pp’s 0028-0029, 926 is controlled by 910 to increase the pressure].
Allowable Subject Matter
Claims 11-14 are 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 11, Zuniga et al (US PGPUB No. 2021/0053178) teaches a flexure [Zuniga, fig 1, 900]. However the broadest reasonable interpretation of the second flexible seal, this element has already been used. Such that should the flexure be claimed in claim 1, then a second flexible seal would then be missing from the claim mapping of the prior art.
Chen et al (US Patent No. 6,663,466) teaches a carrier head for a CMP polishing system [Chen fig 2] comprising a second flexible seal and second pressurizable chamber [Chen, fig 2, 162 forms chamber 160]. However, Chen is silent regarding the flexure, and the flexure extending through the pressurizable chamber.
Zuniga et al (US PGPUB No. 2007/0082589) teaches a carrier head for a CMP polishing system [Zuniga, figs 1A and 1B] comprising a second flexible seal and second pressurizable chamber [Zuniga, fig 1B, chamber 208 formed by a seal]. However, Zuniga is silent regarding the flexure, and the flexure extending through the pressurizable chamber.
The prior art considered as a whole, alone or in combination, neither anticipates nor renders obvious “wherein the carrier head includes a flexure connecting the membrane support to the lower carrier body, the flexure extending through the second pressurizable chamber” together in combination with the rest of the limitations of the claim and in the independent claim.
Claim(s) 12-14 would be allowed as being dependent on claim 11.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT NEIBAUR whose telephone number is (571)270-7979. The examiner can normally be reached M - F 8:00 am - 5:00 pm.
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://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David Posigian can be reached at 313-446-6546. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/ROBERT F NEIBAUR/Primary Examiner, Art Unit 3723