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 .
Information Disclosure Statement
The Information Disclosure Statements are being considered by the Examiner.
Claim Objections
Claims 5-8 are objected to because of the following informalities:
Regarding claim 5, please add a period at the end of the claim.
Regarding claims 6-8, please delete “based” in the recitation of “to control the second pressure release valve and/or the heating element based such that the…”.
Regarding claim 8, please amend “1 seconds” to read “1 second”.
Appropriate correction is required.
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.
Claims 1-14 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.
Regarding claim 1, recitations of “the steam delivery schedule”, “the heating element”, do not have antecedent basis. Furthermore, in the limitation reciting “substantially just before the valve is opened”, it is unclear if the first valve or the second pressure release valve is being narrowed by “the valve”. Based on dependent claims 6-8 providing additional context to the valve being opened, Examiner is interpreting the claim limitation to refer to the first valve. Additionally, in the limitation reciting “open the first valve during a dispense phase of a cycle and configured to close the first valve during a recuperation phase of the cycle”, recitations of “a dispense phase” and “a recuperation phase” have already been antecedently recited in a previous limitation of the claim.
Regarding claims 4 and 5, please amend recitations of “the valve” to reflect one of the first valve or the second pressure release valve. Based on dependent claims 6-8 providing additional context to the valve being opened, Examiner is interpreting the claim limitation to refer to the first valve
Regarding claim 5, please amend “the heater” to read “the heating element” for proper antecedent basis.
Regarding claim 9, recitations of “the water inlet” and “the vessel” do not have antecedent basis.
Regarding claims 10 and 11, claim 10 and 11 recite “each cycle”. Claim 1, from which claim 10 depends, recites “a cycle” in singular form. Examiner recommends amending the claimed invention to reflect a plurality of cycles in a manner congruent with Applicant’s intent.
Regarding claim 12, “the temperature” and “the polishing pad” do not have antecedent basis. Furthermore, claim 12 also recites “a sensor” wherein claim 1 also recites “a sensor”. It is unclear if claim 12 imparts an additional sensor or should be amended to antecedently refer back to the sensor established in claim 1.
Regarding claim 14, claim 14 recites “a cycle”, wherein claim 1 also recites “a cycle” antecedently. Please amend the claim to reflect Applicant’s intent and quantity of cycles.
Any claim listed as rejected above but not specifically addressed above has inherited the rejection of a claim specifically addressed above due to dependency therefrom.
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) 1-8 and 12-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Boehm (US 6224461) in view of Cocuzza (US 20150059660).
Regarding claim 1, Boehm (US 6224461) discloses a computer program product, comprising a computer-readable medium having instructions to cause one or more processors (See Figure 3 regarding computer and processor 40) to:
access a polishing process recipe stored as data in a non-transitory storage device (see polishing process disclosed in Col. 3, lines 36-60; see also Col. 4, lines 10-19; see computer and processor 40, Figure 3);
cause a first valve between an outlet of a steam generation device and an opening to open and close in accordance with the steam delivery schedule that alternates between a recuperation phase in which the first valve is closed and a dispense phase in which the first valve is open (see Figure 3, valve 32, boiler 30, line 31, manifold 38; see also Col. 6 lines 7-31 and 41-61);
receive from a sensor a measured value (see sensor 41, as well as Col. 6, lines 7-31 and 41-66);
control a second pressure release valve and/or the heating element based on the target value and measured value such that the measured value reaches the target value substantially just before the valve is opened according to the steam delivery schedule (processor 40 is configured to control the pressure of the boiler 30; see also temperature compensating unit 22, heat manifold 28, Col. 5 line 66-Col. 6, line 20; see also Col. 6, line 53-Col. 7, line 5 regarding the opening and closing of the valve 32 and specifically bringing the boiler up to temperature before the valve 32 is opened; wherein Boehm discloses the temperature within the boiler 30 is raised to a sufficient degree, and that the pressure within the boiler is maintained, and the boiler 30 is prepared prior to opening the valve; see Col. 6 lines 45-48 and 53-61), and
open the first valve during a dispense phase of a cycle and configured to close the first valve during a recuperation phase of the cycle (Col. 6, line 41-Col. 7, line 5).
However, Boehm is silent regarding how the computer/processor monitors and controls the pressure and temperature of the boiler, and thus does not explicitly teach the measured value is a steam parameter of steam in the steam generation device, and thus that the received target value is for the steam parameter.
However, from the same or similar field of endeavor of devices configured to provide steam to a system, Cocuzza teaches of a tube configured to contain working fluid during transition from liquid to gas and also to contain the gaseous working fluid up to the maximum working pressure (see [0004]), and incorporates a pressure and a temperature sensor (8 ,9) which provide pressure and temperature signals to a controller (11) (see [0015-0016]). The sensors are specifically configured to provide signals which are indicative of steam parameters of steam, and Cocuzza employes a first and second valve for circulating the steam until the temperature/pressure reaches a sufficient setpoint (see [0022]), wherein the temperature within the chamber (7) can be measured directly (see [0027]; see also [0024], [0029], [0031-0034], [0037], [0044], [0048]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have incorporated the sensing structures/capabilities as taught by Cocuzza into the invention of Boehm. Boehm conveys that the system is capable of maintaining a pressure and temperature for steam generation, but is silent regarding monitoring and controlling of these parameters, and Cocuzza complements and fills the silence of Boehm. Furthermore, one would be motivated to do so because Cocuzza provides monitoring which would permit adjustments as necessary to maintain stable steam production, adjust the system in response to changes in demand for steam production, and take corrective action or shut down the system in the event of an unstable or unsafe condition (see [0024]).
Regarding claim 2, Boehm in view of Cocuzza discloses the claimed invention as applied above, wherein modified Boehm further teaches wherein the steam parameter is steam temperature, the measured value is a measured steam temperature value, and the target value is a target steam temperature value (please see the combination statement as applied above, as well as Cocuzza: [0015], [0022], [0028], [0034], [0037], [0044]).
Regarding claim 3, Boehm in view of Cocuzza discloses the claimed invention as applied above, wherein modified Boehm further teaches wherein the steam parameter is steam pressure, the measured value is a measured steam pressure value, and the target value is a target steam pressure value (please see the combination statement as applied above, as well as Cocuzza: [0015], [0022], [0028], [0034], [0037], [0044]).
Regarding claim 4, Boehm in view of Cocuzza discloses the claimed invention as applied above, wherein modified Boehm further teaches comprising instructions to control the second pressure release valve such that the measured value reaches the target value substantially just before the valve is opened (please see the combination statement as applied above, as well as Cocuzza [0031]: see valves 13, 14, wherein Boehm also teaches of providing the steam once the boiler is at a satisfactory status, see Col. 6, line 41-Col. 7, line 7).
Regarding claim 5, Boehm in view of Cocuzza discloses the claimed invention as applied above, wherein modified Boehm further teaches comprising instructions to control the heater such that the measured value reaches the target value substantially just before the valve is opened (please refer to the combination statement as applied above, as well as Boehm: Col. 6, line 41-Col. 7, line 7; see also Cocuzza: [0027-0029], [0031]).
Regarding claim 6, 7, and 8 Boehm in view of Cocuzza discloses the claimed invention as applied above, wherein modified Boehm further teaches comprising instructions to control the second pressure release valve and/or the heating element based such that the measured value reaches the target value before the first valve is opened (please refer to the combination statement as applied above, wherein Cocuzza teaches the data from the sensors and signals sent to the controller, which are incorporated into the invention of Boehm, wherein Cocuzza describes taking measurements at 10 readings per second in [0022], and several times per second in [0034]).
However, modified Boehm does not explicitly teach the timing is specifically less than 10 seconds (claim 6) or 3 seconds (claim 7) or 1 second (claim 8) before the first valve is open.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Boehm to have the target value reached less than 10 seconds or 3 seconds or 1 second before the first value is opened since it has been held that “where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device” Gardner v. TEC Syst., Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 SPQ 232 (1984). In the instant case, the device of Boehm would not operate differently with the claimed timing since Boehm already discloses the valve is opened once the boiler reaches a satisfactory state, and the device would function appropriately having the timing. Further, it appears that applicant places no criticality on the range claimed, indicating simply that target parameter “for example…can be reaches less than 180 seconds, e.g. less than 60 seconds, e.g. less than 30 seconds, e.g. less than 10 seconds, e.g. less than 3 seconds, e.g. less than 1 second before the valve is opened” (page 9, lines 28-31 of the Specification).
Regarding claim 12, Boehm in view of Cocuzza discloses the claimed invention as applied above, wherein modified Boehm further teaches comprising instructions to receive a signal representing the temperature of the polishing pad from a sensor and to set the target value for the steam parameter based on the signal (Boehm: see sensor 41 sending data to the processor 40, see at least Col. 6, line 41-Col. 7, line 22; see also Col. 4, lines 20-54 regarding a pad and belt; see also the combination statement as applied above).
Regarding claim 13, Boehm in view of Cocuzza discloses the claimed invention as applied above, wherein modified Boehm further teaches comprising instructions to set the target value on a cycle-by-cycle basis (Boehm: see Col. 6, line 41-Col. 7, line 5; see also Col. 2, lines 39-41; see also the combination statement as applied above).
Regarding claim 14, Boehm in view of Cocuzza discloses the claimed invention as applied above, wherein modified Boehm further teaches comprising instructions to set the target value on a continuous basis through a cycle (Boehm: see Col. 6, line 41-Col. 7, line 5; see also Col. 2, lines 39-41; see also the combination statement as applied above).
Claim(s) 9-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Boehm (US 6224461) in view of Cocuzza (US 20150059660) and in further view of Hileman (US 5605487).
Regarding claim 9, Boehm in view of Cocuzza discloses the claimed invention as applied above, wherein modified Boehm further teaches comprising instructions to receive a signal to modify a flow rate of water through the water inlet to keep a water level in the vessel (Boehm: wherein valve 34 is used to regulate the water flow into the boiler through water line 33, see Col. 6, lines 7-20).
However, modified Boehm is silent regarding determining how it is determined to allow water to flow into the boiler, i.e. modified Boehm does not explicitly teach the signal is from a water level sensor and, based on the signal from the water level sensor, keep the water level above the heating element and below the outlet.
However, from the same or similar field of endeavor, Hileman teaches receive a signal from a water level sensor and to modify a flow rate of water through the water inlet based on the signal from the water level sensor to keep a water level in the vessel above the heating element and below an upper set point (see Figure 13; see Col. 14, lines 27-50).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have incorporated the teachings of Hileman into the invention of modified Boehm. Boehm provides the basis and structure for incorporating a water level sensory but enabling the processor to control whether water is flowing into the boiler, and Hileman provides a manner in which to initiate or turn off the flow. One would be motivated to incorporate the teachings of Hileman to ensure the water level is sufficient for generating the desired amount of steam, i.e. not running dry, while also beneficially avoiding the risk of overfilling the chamber. This modification would be recognized as using a known technique, i.e. water level sensors within the context of steam generators, to improve a similar device int eh same manner, and would yield predictable results with a reasonable expectation of success.
Regarding claim 10, Boehm in view of Cocuzza and Hileman teaches the claimed invention as applied above, wherein modified Boehm further teaches wherein each cycle corresponds to polishing of a single substrate (Boehm: wherein each wafer is processed independently; see also Col. 3, lines 50-60).
Regarding claim 11, Boehm in view of Cocuzza and Hileman teaches the claimed invention as applied above, wherein modified Boehm further teaches wherein each cycle consists of a single dispense phase and a single recuperation phase (Boehm: wherein Col. 6, lines 49-61 describe bringing the boiler up to a desired temperature, opening the valve to inject steam, then increasing the temperature of the belt while monitoring the temperature of the belt by sensor 41, then closing valve 32 when the desired temperature is reached, then commencing wafer processing; see also Col. 7, lines 6-22).
Conclusion
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/MAKENA S MARKMAN/Primary Examiner, Art Unit 3723
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