Prosecution Insights
Last updated: September 18, 2026
Application No. 18/439,678

RAPID THERMAL CYCLING ANNEALING APPARATUS

Non-Final OA §103
Filed
Feb 12, 2024
Examiner
JENNISON, BRIAN W
Art Unit
2812
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Agnitron Technology Inc.
OA Round
1 (Non-Final)
72%
Grant Probability
Favorable
1-2
OA Rounds
11m
Est. Remaining
94%
With Interview

Examiner Intelligence

Grants 72% — above average
72%
Career Allowance Rate
1050 granted / 1461 resolved
+3.9% vs TC avg
Strong +22% interview lift
Without
With
+22.1%
Interview Lift
resolved cases with interview
Typical timeline
3y 6m
Avg Prosecution
55 currently pending
Career history
1496
Total Applications
across all art units

Statute-Specific Performance

§101
3.7%
-36.3% vs TC avg
§103
50.0%
+10.0% vs TC avg
§102
20.9%
-19.1% vs TC avg
§112
21.2%
-18.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1461 resolved cases

Office Action

§103
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. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. Claim(s) 1-3, 8, 10, 14, 22, 25, 26 is/are rejected under 35 U.S.C. 103 as being unpatentable over Harashima et al (US 2019/0071773) in view of Yang et al (US 2019/0385862). Regarding Claim 1, Harashima discloses, discloses wafer processing and film forming (semi-batch type film forming apparatus is provided, par. 6; workpiece W has, for example, a disc shape like a wafer, par. 37) comprising: a susceptor having a first surface and opposed second surface, arranged to hold a workpiece with a first face of the workpiece exposed and a second face of the workpiece in thermal contact with the first surface of the susceptor, as a susceptor and workpiece assembly (susceptor 32 is heated by induction heating by the coil 20. When the susceptor 32 is heated, the rotation stage 30, the holder 40, and the plurality of workpieces W are heated by, for example, radiation from the susceptor 32. That is, the susceptor 32 is configured to heat the rotation stage 30, the holder 40, and the plurality of workpieces W from the four surfaces, par. 44; fig. 3); at least one induction coil arranged to receive the susceptor holding the workpiece with the at least one induction coil in wraparound arrangement to the susceptor and workpiece assembly (coil 20 is wound around the outer circumference of the container 12. The coil 20 is connected to a high-frequency power supply 22. When a high frequency wave from the high-frequency power supply 22 is supplied to the coil 20, the susceptor (to be described later) is heated by the induced current. The coil 20 constitutes an induction heating mechanism which is a heating mechanism according to the embodiment, par. 32; figs. 2-3); at least one gas supply arranged to disperse cooling gas to the susceptor and workpiece assembly (gas source GS6 is a source of a cooling gas, for example, a source of rare gas such as Ar gas, par. 33; flow rate controller FC6 is connected to the gas line GL2, and the gas line GL2 supplies a cooling gas to a space S2 of the space S provided by the container 12, par. 34). Harashima does not explicitly disclose the apparatus includes a gas nozzle and is operable to perform a sequence of cycles of heating and cooling operations on the susceptor and workpiece assembly, cycling the workpiece to and from a first temperature of about 800 °C-1100 °C and a second temperature of about 1400 °C-2500 °C, each heating operation of about one second and each cooling operation of about one second, through inductive coupling of the at least one induction coil to the susceptor for each heating operation and through at least convective heat removal by cooling gas dispersion of the at least one gas nozzle for each cooling operation. Yang discloses, An apparatus, comprising: a susceptor having a first surface and opposed second surface (Fig 6 shows a susceptor 612 having a first and second surface), arranged to hold a workpiece (workpiece 614) with a first face of the workpiece exposed (device side surface 616 is exposed. See Fig 6) and a second face of the workpiece in thermal contact with the first surface of the susceptor, as a susceptor and workpiece assembly (Fig 6 shows the opposite side being in thermal contact with the substrate 612); at least one induction coil 630 arranged to receive the susceptor holding the workpiece at least one gas nozzle arranged to disperse cooling gas to the susceptor and workpiece assembly; and the apparatus operable to perform a sequence of cycles of heating and cooling operations on the susceptor and workpiece assembly, cycling the workpiece to and from a first temperature and a second temperature each heating operation of about one second and each cooling operation of about one second, through inductive coupling of the at least one induction coil to the susceptor for each heating operation and through at least convective heat removal by cooling gas dispersion of the at least one gas nozzle for each cooling operation. (The device cycles the workpiece between a first and second higher temperature for about one second, with a cooling operation in between each cycle. See Paragraphs [0052]-[0053]) It would have been obvious to one having ordinary skill in the art, at the time of the invention, to adapt Harashima in view of Yang to provide the apparatus operable to perform a sequence of cycles of heating and cooling operations on the susceptor and workpiece assembly, cycling the workpiece to and from a first temperature and a second temperature each heating operation of about one second and each cooling operation of about one second, through inductive coupling of the at least one induction coil to the susceptor for each heating operation and through at least convective heat removal by cooling gas dispersion of the at least one gas nozzle for each cooling operation for performing multiple heating cycles in the same chamber for faster processing. It would have been obvious to one having ordinary skill in the art, at the time of the invention, to adapt Harashima in view of Yang to provide the first temperature of about 800 °C-1100 °C and a second temperature of about 1400 °C-2500 °C, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art and discovering an optimum value of a result effective variable involves only routine skill in the art. Harashima discloses, regarding claims 2-3, a gas nozzle GL1 supplies gas to the space S1 across the first surface of the workpiece and the second surface of the susceptor. (See Paragraph [0034] and Fig 3) Regarding claim 8, Figs show the inductor having four or five coils. Regarding claim 10, Fig 3 shows a recess in the susceptor for holding the workpiece. Regarding Claim 14, 22, Harashima discloses, discloses wafer processing and film forming (semi-batch type film forming apparatus is provided, par. 6; workpiece W has, for example, a disc shape like a wafer, par. 37) comprising: a susceptor having a first surface and opposed second surface, arranged to hold a workpiece with a first face of the workpiece exposed and a second face of the workpiece in thermal contact with the first surface of the susceptor, as a susceptor and workpiece assembly (susceptor 32 is heated by induction heating by the coil 20. When the susceptor 32 is heated, the rotation stage 30, the holder 40, and the plurality of workpieces W are heated by, for example, radiation from the susceptor 32. That is, the susceptor 32 is configured to heat the rotation stage 30, the holder 40, and the plurality of workpieces W from the four surfaces, par. 44; fig. 3); at least one induction coil arranged to receive the susceptor holding the workpiece with the at least one induction coil in wraparound arrangement to the susceptor and workpiece assembly (coil 20 is wound around the outer circumference of the container 12. The coil 20 is connected to a high-frequency power supply 22. When a high frequency wave from the high-frequency power supply 22 is supplied to the coil 20, the susceptor (to be described later) is heated by the induced current. The coil 20 constitutes an induction heating mechanism which is a heating mechanism according to the embodiment, par. 32; figs. 2-3); at least one gas supply arranged to disperse cooling gas to the susceptor and workpiece assembly (gas source GS6 is a source of a cooling gas, for example, a source of rare gas such as Ar gas, par. 33; flow rate controller FC6 is connected to the gas line GL2, and the gas line GL2 supplies a cooling gas to a space S2 of the space S provided by the container 12, par. 34). Harashima does not explicitly disclose the apparatus includes a gas nozzle and is operable to perform a sequence of cycles of heating and cooling operations on the susceptor and workpiece assembly, cycling the workpiece to and from a first temperature of about 800 °C-1100 °C and a second temperature of about 1400 °C-2500 °C, each heating operation of about one second and each cooling operation of about one second, through inductive coupling of the at least one induction coil to the susceptor for each heating operation and through at least convective heat removal by cooling gas dispersion of the at least one gas nozzle for each cooling operation. Yang discloses, An apparatus, comprising: a susceptor having a first surface and opposed second surface (Fig 6 shows a susceptor 612 having a first and second surface), arranged to hold a workpiece (workpiece 614) with a first face of the workpiece exposed (device side surface 616 is exposed. See Fig 6) and a second face of the workpiece in thermal contact with the first surface of the susceptor, as a susceptor and workpiece assembly (Fig 6 shows the opposite side being in thermal contact with the substrate 612); at least one induction coil 630 arranged to receive the susceptor holding the workpiece at least one gas nozzle arranged to disperse cooling gas to the susceptor and workpiece assembly; and the apparatus operable to perform a sequence of cycles of heating and cooling operations on the susceptor and workpiece assembly, cycling the workpiece to and from a first temperature and a second temperature each heating operation of about one second and each cooling operation of about one second, through inductive coupling of the at least one induction coil to the susceptor for each heating operation and through at least convective heat removal by cooling gas dispersion of the at least one gas nozzle for each cooling operation. (The device cycles the workpiece between a first and second higher temperature for about one second, with a cooling operation in between each cycle. See Paragraphs [0052]-[0053]) It would have been obvious to one having ordinary skill in the art, at the time of the invention, to adapt Harashima in view of Yang to provide the apparatus operable to perform a sequence of cycles of heating and cooling operations on the susceptor and workpiece assembly, cycling the workpiece to and from a first temperature and a second temperature each heating operation of about one second and each cooling operation of about one second, through inductive coupling of the at least one induction coil to the susceptor for each heating operation and through at least convective heat removal by cooling gas dispersion of the at least one gas nozzle for each cooling operation for performing multiple heating cycles in the same chamber for faster processing. It would have been obvious to one having ordinary skill in the art, at the time of the invention, to adapt Harashima in view of Yang to provide the first temperature of about 800 °C-1100 °C and a second temperature of about 1400 °C-2500 °C, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art and discovering an optimum value of a result effective variable involves only routine skill in the art. Harashima discloses, regarding claims 2-3, a gas nozzle GL1 supplies gas to the space S1 across the first surface of the workpiece and the second surface of the susceptor. (See Paragraph [0034] and Fig 3) Regarding claim 17, 25, Figs show the inductor having four or five coils. Regarding claim 18, 26, Fig 3 shows a recess in the susceptor for holding the workpiece. Claim(s) 6-7, 24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Harashima et al (US 2019/0071773) in view of Yang et al (US 2019/0385862) and Li et al (US 2019/0335548). The teachings of Harashima have been discussed above. Harashima fails to disclose the susceptor comprises a tungsten plate or graphite. Li discloses a susceptor have a tungsten plate. (See Paragraph [0061]) It would have been obvious to one having ordinary skill in the art, at the time of the invention, to adapt Harashima in view of Li to provide the susceptor comprises a tungsten plate or graphite for a more even temperature distribution and for withstanding extremely high temperatures. Also, it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. Claim(s) 4, 11-13, 19-21, 27-30 is/are rejected under 35 U.S.C. 103 as being unpatentable over Harashima et al (US 2019/0071773) in view of Yang et al (US 2019/0385862) and Panagopoulos et al (US 2021/0104414). The teachings of Harashima have been discussed above. Harashima fails to disclose the at least one nozzle comprises stainless steel; a vessel having a chamber, wherein the at least one nozzle comprises first and second nozzles in opposed arrangement relative to the chamber and the at least one induction coil; at least one outlet nozzle. Panagopoulos discloses an apparatus having an induction coil (paragraph [0093]), a chamber 922 where there are a first and second nozzle 942, either one could be considered an outlet nozzle. (See Fig 9 and Paragraph [0100]). It would have been obvious to one having ordinary skill in the art, at the time of the invention, to adapt Harashima in view of Panagopoulos to provide the first and second nozzles in the chamber for cooling the substrate; the stainless steel nozzle since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. Claim(s) 5, 15, 23, is/are rejected under 35 U.S.C. 103 as being unpatentable over Harashima et al (US 2019/0071773) in view of Yang et al (US 2019/0385862) and Schonhoff et al (US 2022/0281154). The teachings of Harashima have been discussed above. Harashima fails to disclose the at least one nozzle comprises an air blade. Schonhoff discloses, a nozzle being an air blade for directing gas over the full width of a surface. (See Paragraph [0028]) It would have been obvious to one having ordinary skill in the art, at the time of the invention, to adapt Harashima in view of Schonhoff to provide the air blade for directing the cooling gas across the entire width of the surface of the susceptor or workpiece. Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Harashima et al (US 2019/0071773) in view of Yang et al (US 2019/0385862) and Chakrapani et al (US 2014/0370717). The teachings of Harashima have been discussed above. Harashima fails to disclose the coil comprises a pancake coil. However, Chakrapani discloses using an induction coil in a wafer processing system where the coil is a spiral or pancake. (See Paragraph [0085]) It would have been obvious to one having ordinary skill in the art, at the time of the invention, to adapt Harashima in view of Chakrapani to provide the pancake coil as Chakrapani discloses these are obvious variants for an induction coil. Allowable Subject Matter Claim 16 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. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRIAN W JENNISON whose telephone number is (571)270-5930. The examiner can normally be reached M-Th 9-5. 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, Ibrahime Abraham can be reached at 571-270-5569. 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. /BRIAN W JENNISON/Primary Examiner, Art Unit 3761 8/28/2026
Read full office action

Prosecution Timeline

Feb 12, 2024
Application Filed
Sep 01, 2026
Non-Final Rejection mailed — §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
72%
Grant Probability
94%
With Interview (+22.1%)
3y 6m (~11m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1461 resolved cases by this examiner. Grant probability derived from career allowance rate.

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