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 .
Claim Rejections - 35 USC § 103
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.
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.
Claim(s) 1-5, 8-13 and 15-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Arikawa et al (US 2024/0312769) in view of Handa et al (US 2008/0266746).
With respect to claim 1 and 15, Arikawa discloses the heater stage claimed including an insulating ceramic substrate including a lower substrate (2) and an upper substrate (3) each of which includes a first ceramic (e.g., alumina/aluminum oxide or aluminum nitride; para 0052), and a heat generating resistor (shown by a resistive heater electrode 4; para 0062-0070) located between the lower substrate and the upper substrate wherein the heating generating resistor includes a second ceramic (aluminum oxide or aluminum nitride; para 0068) and a first metal carbide (shown by a conductive material, e.g., tungsten carbide, titanium carbide, or molybdenum carbide; para 0064) wherein a content of the second ceramic is greater than a content of the first metal carbide in the heat generating resistor (i.e., the content of the conductive material in the heating generating resistor can be from 15 wt% or 20 wt%; para 0063) with the second ceramic being the remaining balance (i.e., 85 wt% or 80 wt% or less, respectively) that can be greater than the content of the metal carbide, and Arikawa further discloses that the heat generating resistor has a relative density of 100% (para 075) that overlaps with the claimed relative density of 95% or more, and a volume resistance value of 10^-2 Ω.cm or less (para 0062) that overlaps the claimed value of 1.0 Ω.cm or less. But, Arikawa does not show an adhesive between the lower substrate and the heat generating resistor and between the heat generating resistor and the upper substrate, and a rate of change of the volume resistance value of the heat generating resistor with an increase in temperature 100 ºC is 0.1 or less.
Handa discloses it is known to provide an insulating ceramic structure having a lower substrate (4), an upper substrate (8), an electrically conductive pattern (6) located between the lower substrate and the upper substrate, and an adhesive (5/7; para 0020) provided between the lower substate and the electrically conductive pattern and between the electrically conductive pattern and the upper substrate wherein the adhesive fixes the heat generating resistor to each of the lower substrate and the upper substrate. Also, see Figure 1.
In view of Handa, it would have been obvious to one of ordinary skill in the art to adapt Arikawa with an adhesive that fixes the heat generating resistor of Arikawa both to the lower substrate and the upper substrate to predictably yield a mechanically strong bonded heater stage structure that can withstand high heating temperature, and it is noted that while Arikawa does not explicitly disclose the claimed rate of change, Arikawa discloses the heat generating material that is substantially same or identical as the claimed material and composition wherein a rate of change of the volume resistance as claimed would be an inherent property of the heat generating material that also has the identical material or composition. MPEP 2112.01. II.
With respect to claim 2, Arikawa discloses the heat generating resistor having a content of the second metal carbide that is in the range from 15 wt% or 20 wt% or more; para 0063) with the second ceramic being the remaining balance (i.e., 85 wt% or 80 wt% or less) wherein the claimed ranges are overlapped by Arikawa which discloses with sufficient specificity the relativity density and the volume resistance as claimed (MPEP 2131.03).
With respect to claim 3, Arikawa discloses the meta nitride being aluminum nitride and the metal oxide being aluminum oxide (para 0052).
With respect to claim 4, Arikawa discloses the first metal carbide including tungsten carbide, titanium carbide, or molybdenum carbide (para 0064).
With respect to claim 5, Handa discloses that the adhesive including a silicone adhesive (0053) as a resin adhesive for fixing or bonding the heat generating resistor of Arikawa to each of the lower and upper substrate.
With respect to claims 8, 9, 10 and 16, Arikawa discloses the lower substrate and the upper substrate that further includes a second metal carbide provided by an insulating layer (5; also, see Figures 2 and 3) that includes a first ceramic (e.g., aluminum oxide or aluminum nitride; see para 0085) with a second metal carbide (e.g., titanium carbide, tungsten carbide, molybdenum carbide; para 0086) wherein a content of the first ceramic is equal or greater than 80 mass % and a content of the second carbide about 4-20 mass % (also, see para 0087-0088) wherein the content of the first ceramic is greater than the content of the second metal carbide, and Arikawa further discloses such insulating substrate suppresses a breakdown of the heater stage when a high voltage is applied (para 0011); and as Arikawa discloses the insulating ceramic substrate that is substantially same or identical as the claimed material and composition wherein a rate of change of the volume resistance of the insulating ceramic substrate as claimed would be an inherent property of the insulating ceramic substrate that also has the identical material or composition. MPEP 2112.01. II.
With respect to claim 11, 12 and 17, Arikawa discloses the first ceramic and the second ceramic including the same material (e.g., aluminum oxide or aluminum nitride) with the first metal carbide and the second metal carbide also including the same material (e.g., titanium carbide, tungsten carbide or molybdenum carbide; also, see para 0064 and 0086).
With respect to claim 13, Arikawa discloses the lower substrate (2) and the upper substrate (3) having the same material composition(e.g., aluminum oxide or aluminum nitride; also, see para 0068).
Claim(s) 6, 7 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Arikawa in view Handa as applied to claims 1-5, 8-13 and 15-17 above and further in view of Yoshino et al (US 4,435,215).
With respect to claims 6 and 18, Arikawa in view Handa discloses the heat generating resistor (4) that is fixed to each of the lower and upper substrate but does not disclose a metal adhesive layer that is formed by a sintering process.
Yoshino discloses an adhesive that is known to include metals for bonding ceramic articles (see Abstract, and column 1, line 63 to column 2, line 12.
In view of Yoshino, it would have been obvious to one of ordinary skill in the art to adapt Arikawa as modified by Handa with the adhesive having metals as taught by Yoshino that would predictably provide not only a good thermal uniformity but that also provides a strong bond between the ceramic articles or substrates of the Arikawa as modified by Handa, and as Arikawa discloses for sintering process for forming the laminated ceramic heater stage, the metal adhesive provided between the ceramic substrates as shown by Yoshino would also be subjected to sintering process for bonding and laminating the ceramic heater stage. Als, it is noted that the recitation of a sintering process renders the claim as a product by process wherein the patentability of the product does not depend on its method of production (i.e., by the sintering process) but is defined by product itself. MPEP 2113.
With respect to claim 7, Arikawa as modified by Handa and Yoshino discloses for the metal adhesive having a thickness of 500 um or less as Handa further shows that the adhesive can have a thickness of .1 to 30 um (para 0053) that is within the claimed range of 500 um or less.
Claim(s) 14 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Arikawa in view of Handa as applied to claims 1-5, 8-13 and 15-17 above and further in view of Kuchimachi (US 2018/0332669).
Arikawa in view of Handa discloses the heater stage claimed but does not show an electrostatic chuck electrode buried in the insulating ceramic substrate.
Kuchimachi discloses it is known to provide a heater state having an insulating ceramic substrate including an upper substrate wherein an electrostatic chuck (4) is buried in the ceramic substrate.
In view of Kuchimachi, it would have been obvious to one of ordinary skill in the art to adapt Arikawa, as modified by Handa, with an electrostatic chuck electrode buried in the ceramic substrate that is known to provide electrostatic chucking capabilities for chucking or holding an object placed on the heater stage via electrostatic forces as known in the art.
Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Arikawa et al (US 2024/0312769) in view of Handa et al (US 2008/0266746) and Yoshino et al (US 4,435,215).
Arikawa discloses the heater stage claimed including an insulating ceramic substrate including a lower substrate (2) and an upper substrate (3) each of which includes a first ceramic that includes aluminum oxide or aluminum nitride (para 0052) and a first metal carbide (shown by an insulating layer 5 in the lower substrate and upper substate as illustrated by Figures 2 and 3) that includes titanium carbide, tungsten carbide, or molybdenum carbide(para 0086), a heat generating resistor (shown by a heater electrode 4; para 0048) located between the lower substrate and the upper substrate wherein the heating generating resistor includes a second ceramic (aluminum oxide or aluminum nitride; para 0068) and a second metal carbide (shown by a conductive material, e.g., tungsten carbide, titanium carbide, or molybdenum carbide; para 0064) wherein a content of the second ceramic is greater than a content of the second metal carbide in the heat generating resistor, i.e., the content of the conductive material in the heating generating resistor can be from 15 wt% or 20 wt% (para 0063) with the second ceramic being the remaining balance (i.e., 85 wt% or 80 wt% or less), and a content of the first ceramic is equal or greater than 80 mass % and a content of the first metal carbide is about 4-20 mass % (also, see para 0087-0088) wherein the content of the first ceramic is greater than the content of the first metal carbide, and Arikawa further discloses that the heat generating resistor has a relative density of 100% (para 075) that overlaps with the claimed relative density of 95% or more, and a volume resistance value of 10^-2 Ω.cm or less (para 0062) that overlaps the claimed value of 1.0 Ω.cm or less.
But, Arikawa does not show an adhesive between the lower substrate and the heat generating resistor and between the heat generating resistor and the upper substrate, the adhesive being a metal adhesive formed by a sintering process, and a rate of change of the volume resistance value of the heat generating resistor with an increase in temperature 100 ºC is 0.1 or less.
Handa discloses it is known to provide an insulating ceramic structure having a lower substrate (4), an upper substrate (8), an electrically conductive pattern (6) located between the lower substrate and the upper substrate, and an adhesive (5/7; para 0020) provided between the lower substate and the electrically conductive pattern and between the electrically conductive pattern and the upper substrate wherein the adhesive fixes the heat generating resistor to each of the lower substrate and the upper substrate. Also, see Figure 1.
Yoshino discloses an adhesive that is known to include metals for bonding ceramic articles (see Abstract, and column 1, line 63 to column 2, line 12).
In view of Handa and Yoshino, it would have been obvious to one of ordinary skill in the art to adapt Arikawa with an adhesive that fixes the heat generating resistor of Arikawa both to the lower substrate and the upper substrate to predictably yield a mechanically strong bonded heater stage structure that can withstand high heating temperatures wherein the adhesive can be further provided with metals as taught by Yoshino that would render the adhesive providing not only a good thermal uniformity but that also stronger bond between the ceramic articles or substrates of the Arikawa as modified by Handa; and as Arikawa discloses for sintering process for forming the laminated ceramic heater stage, the metal adhesive provided between the ceramic substrates as shown by Yoshino would also be subjected to sintering process for bonding and laminating the ceramic heater stage. Als, it is noted that the recitation of a sintering process renders the claim as a product by process wherein the patentability of the product does not depend on its method of production (i.e., by the sintering process) but is defined by product itself. MPEP 2113.
With regard to the rate of change of the volume resistance value of the heat generating resistor and that of the insulating ceramic substrate, it is noted that Arikawa discloses the heat generating resistor and the insulation ceramic material that are each made of the substantially same or identical material and composition, respectively as that of the claimed heat generating resistor and the insulating ceramic substrate wherein the rate of change of the volume resistance for each of the heat generating material and the insulation ceramic substrate would be an inherent property of the heat generating material and of the insulation ceramic substrate that also have the identical material or composition. MPEP 2112.01. II.
Response to Arguments
Applicant’s arguments with respect to claim(s) have been considered but are moot in view of the new ground of rejection including Handa that is applied to teach the adhesive as claimed.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SANG Y PAIK whose telephone number is (571)272-4783. The examiner can normally be reached 9:00-5:30; M-F.
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, Steven W. Crabb can be reached at 571-270-5095. 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.
/SANG Y PAIK/Primary Examiner, Art Unit 3761
Prosecution Insights