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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 5/18/2026 has been entered.
This Office Action acknowledges the applicant’s amendment filed on 5/18/2026. Claims 1-10 are pending in the application. Claims 10 is withdrawn from consideration.
The text of those sections of Title 35, U.S. code not included in this action can be found in a prior Office Action.
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.
Claims 1-9 are 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.
The specification and claim 1 recites the limitation “the wafer holding structure includes a plurality of arms extending from each of the two or more chassis frames on both of two opposing sides of the wafer holding structure”. Prior in the specification, it recites, the wafer holding structure includes the plurality of arms 11. Therefore, it is unclear how the plurality of arms can extend from both of the two opposing sides of the wafer holding structure, if the plurality of arms are actually the wafer holding structure.
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 1-9 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 1 recites the limitation “the wafer holding structure includes a plurality of arms extending from each of the two or more chassis frames on both of two opposing sides of the wafer holding structure”. It is unclear how the plurality of arms can extend from both of the two opposing sides of the wafer holding structure, if the plurality of arms are actually the wafer holding structure. For examination purposes, it will be assumed the claimed should be “on both of two opposing sides of the chassis frames”. Claims 2-9 are rejected for being depended on claim 1.
Claim Rejections - 35 USC § 103
Claim(s) 1-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over SHINJO et al. US 2008/0230438 A1.
With regards to claim 1, SHINJO (Figs. 3-12) discloses a wafer housing container 10A, comprising: two or more chassis 12 frames stacked on each other; and at least one wafer holding structure 14abc formed between the two or more chassis frames, wherein the wafer holding structure includes a plurality of arms 14abc extending from each of the two or more chassis frames on both of two opposing sides of the wafer holding structure, the wafer holding structure being configured to sandwich an outer edge portion of a wafer with the plurality of arms on one of the two or more chassis frames on one side of the wafer to hold the wafer and the plurality of arms on another one of the two or more chassis frames on another side of the wafer to hold the wafer (shown in Fig. 7) (depending on the size and type of wafer to be held) and the plurality of arms 14abc extend from the two or more chassis frames in extending directions (shown in Fig. 7).
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Although the drawings are not to scale, it is more than apparent that SHINJO (Fig. 3 and 4) discloses the lengths of the plurality of arms 14abc along the extending directions are longer than widths of the plurality of arms in directions perpendicular to the extending direction.
The drawings are to be evaluated for what they reasonably disclose to one of ordinary skill in the art. MPEP 2125. However, to the extent it may be argued to not be so, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to have lengths of the plurality of arms along the extending direction longer than widths of the plurality of arms in directions perpendicular to the extending direction in order to allow the frame and arms to accommodate various sizes of wafers.
SHINJO shows in Fig. 4 and recites in para. 0094, 0100 and 0101, that the wafer holding structure (spring member; 14), extends above and out to engage the wafer, depending on the size of the wafer to be held.
To modify the plurality of arms of SHINJO into the claimed “plurality of arms along the extending directions are longer than widths of the plurality of arms in directions perpendicular to the extending directions” would entail a mere change in size of the components and yield only predictable results. "[I]f a technique has been used to improve one device, and a person of ordinary skill in the art would recognize that it would improve similar devices in the same way, using the technique is obvious unless its actual application is beyond that person's skill." KSR Int 'l v. Teleflex Inc., 127 S.Ct. 1740, 82 USPQ2d 1396 (2007). A change in size is generally recognized as being within the level of ordinary skill in the art. MPEP 2144.04 IV(A)
With regards to claim 2, SHINJO (Figs. 3-12) discloses the two or more chassis frames 12 can be attached to and detached from each other (with 17 and 18; shown in Fig. 8).
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With regards to claim 3, SHINJO (Figs. 3-12) discloses three or more chassis frames 12 which include the two or more chassis frames 12, wherein at least one intermediate chassis frame (shown above) in the three or more chassis frames stacked on each other includes the plurality of arms 14abc on both sides, and the wafer holding structure is formed on both of two opposing sides of the intermediate chassis frame 12.
With regards to claim 4, SHINJO (Figs. 3-12) discloses the three or more chassis frames 12 can be attached to and detached from each other, and a total number of the wafer holding structures 14abc can be changed by changing a total number of intermediate chassis frames 12. (Para. 0085 and 0087)
With regards to claim 5, SHINJO (Figs. 3-12) discloses the wafer holding structure is configured such that a lateral portion of the wafer is capable of being held by the wafer holding structure 14abc has four portions that are spaced from the two or more chassis frames 12 and spaced from the plurality of arms 14/27/28, depending on the wafer to be held.
The wafer holding structure of SHINJO is capable of being configured to hold a wafer having a lateral portion that has four portions that are spaced from the two or more chassis frames and spaced from the plurality of arms, depending on the wafer to be held, since such a limitation is considered an intended use because the wafer is not being claimed.
With regards to claim 6, SHINJO (Figs. 3-12) discloses the plurality of arms 14abc are capable of being disposed not to have contact with a position located on a lowermost side of the outer edge portion of the wafer while the wafer housing container is located so that a main surface of the wafer held by the wafer holding structure is configured to be directed to a lateral side, depending on the wafer to be held.
The plurality of arms of SHINJO are capable of being disposed not to have contact with a position located on a lowermost side of the outer edge portion of the wafer while the wafer housing container is located so that a main surface of the wafer held by the wafer holding structure configured to be directed to a lateral side, depending on the wafer to be held and the position being referenced, since such a limitation is considered an intended use because the wafer is not being claimed.
With regards to claim 7, SHINJO (Figs. 3-12) discloses the plurality of arms 14abc are capable of being disposed to be located so that a position located on a lowermost side of the outer edge portion of the wafer is located to be higher than a bottom of the wafer housing container while the wafer housing container is located so that a main surface of the wafer held by the wafer holding structure is configured to be directed to a lateral side, depending on the wafer to be held.
The plurality of arms of SHINJO are capable of being disposed to be located so that a position located on a lowermost side of the outer edge portion of the wafer is located to be higher than a bottom of the wafer housing container while the wafer housing container is located so that a main surface of the wafer held by the wafer holding structure is configured to be directed to a lateral side, depending on the wafer to be held and the position being referenced, since such a limitation is considered an intended use because the wafer is not being claimed.
With regards to claim 8, SHINJO (Figs. 3-12) discloses at least one of the plurality of arms 14abc is disposed to have contact with a position located on an upper side of a middle portion of the wafer while the wafer housing container is located so that a main surface of the wafer held by the wafer holding structure is configured to be directed to a lateral side, depending on the wafer to be held.
At least one of the plurality of arms of SHINJO is capable of being disposed to have contact with a position located on an upper side of a middle portion of the wafer while the wafer housing container is located so that a main surface of the wafer held by the wafer holding structure is configured to be directed to a lateral side, depending on the wafer to be held and the position being referenced, since such a limitation is considered an intended use because the wafer is not being claimed.
With regards to claim 9, SHINJO (Figs. 3-12) discloses the plurality of arms 14abc are capable of being configured to hold a bevel part as an outermost edge portion of the wafer and are configured to not have contact with a main surface of the wafer, depending on the wafer to be held.
The plurality of arms of SHINJO are capable of being configured to hold a bevel part as an outermost edge portion of the wafer and are configured to not have contact with a main surface of the wafer, since such a limitation is considered an intended use because the wafer is not being claimed.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-9 have been considered but are moot because of a new ground of rejection.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JENINE SPICER whose telephone number is (313)446-4924. The examiner can normally be reached 9:00am-5:00pm, Monday-Thursday.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Orlando E. Avilés can be reached at (571) 270-5531. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JENINE SPICER/Examiner, Art Unit 3736
/ORLANDO E AVILES/Supervisory Patent Examiner, Art Unit 3736
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