DETAILED ACTION
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.
Election/Restrictions
Claims 7-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to nonelected inventions, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 11/24/2025.
Applicant's election with traverse of Invention I (edge ring), drawn to claims 1-6, in the reply filed on 11/24/2025 is acknowledged. The traversal is on the ground(s) that the combination of invention III (plasma etcher) requires the particulars of the subcombination as claimed for patentability. This is not found persuasive because the edge ring of the combination does NOT require “a lower opening sized to receive an electrostatic chuck supporting a semiconductor device”.
The requirement is still deemed proper and is therefore made FINAL.
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.
Claim(s) 1-6 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by McMillin et al (US 2014/0235063).
Regarding claim 1:
McMillin teaches an edge ring (400/500) for a plasma etcher [fig 2 & 0034], the edge ring (400/500) comprising: a circular lower portion (500) having a lower opening sized to receive an electrostatic chuck (210 is an electrostatic chuck assembly) supporting a semiconductor device (220) [fig 2 & 0032, 0034]; and a circular upper portion (400) disposed on the circular lower portion (500), wherein the circular upper (400) portion and the circular lower portion (500) have different materials (400 is SiC and 500 is anodized aluminum) [fig 2 & 0034].
Regarding claims 2-3:
McMillin teaches the circular upper portion (400) comprises: a first portion (lower part of 400) having a first opening sized to receive the electrostatic chuck (210) [fig 2 & 0032, 0034]; and a second portion (upper part of 400) disposed on the first portion (lower part of 400) and having a second opening, the second opening sized to receive the semiconductor device (220), wherein a lateral width of the second opening is substantially greater than a lateral width of the first opening (see fig 2) [fig 2 & 0032, 0034]; wherein the first portion (lower part of 400) completely covers a top surface of the circular lower portion (top surface of 500) [fig 2 & 0034].
The claim limitations “wherein the first portion is in contact with a sidewall of the electrostatic chuck” are merely intended use and are given weight to the extent that the prior art is capable of performing the intended use. A claim containing a “recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus” if the prior art apparatus teaches all the structural limitations of the claim. Ex parte Masham, 2 USPQ2d 1647 (Bd. Pat. App. & Inter. 1987).
Regarding claims 4-6:
McMillin teaches a dielectric constant of the circular upper portion (400 is SiC) is substantially greater than a dielectric constant of the circular lower portion (500 is anodized aluminum) [fig 2 & 0034]; wherein an electrical conductivity of the circular lower portion (500 is anodized aluminum) is substantially greater than an electrical conductivity of the circular upper portion (400 is SiC); and wherein a material of the circular lower portion (500) is anodized aluminum (anodized aluminum), and a material of the circular upper portion (400) is silicon carbide (SiC) [fig 2 & 0034].
Products of identical chemical composition cannot have mutually exclusive properties. A chemical composition and its properties are inseparable. Therefore, if the prior art teaches the identical chemical structure, the properties applicant discloses and/or claims are necessarily present. In re Spada, 911 F.2d 705, 709, 15 USPQ2d 1655, 1658 (Fed. Cir. 1990) [MPEP 2112.01].
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Daugherty et al (US 6,344,105) teaches an edge ring comprising a circular lower portion and a circular upper portion [fig 5].
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/Benjamin Kendall/Primary Examiner, Art Unit 2896