DETAILED ACTION
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 04/03/2026 has been entered.
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 .
Response to Amendment
Claims 1-5 are pending in the Amendment filed 03/12/2026.
The rejection of claims 1-5 under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Nanba et al. (US 20070231483 A1) is maintained, but has been modified to meet new claim limitations.
Response to Arguments
Applicant's arguments, see “Remarks” filed 03/12/2026, have been fully considered but they are not persuasive.
Applicant argues as to the rejection of claim 1 over Nanba:
“The Office argues that "Nanba discloses two separate controlling means for the etching process. First, the controller or Nanba further retrieves a process recipe, including discharge time, discharge position, and a moving speed of each of the nozzles, which in turn is updated by the information gathered in the following step. Second, the controller of Nanba receives film thickness detection data and training data which is used to set process parameters." See Office action, Page 5. However, Nanba does not disclose "a model indicating a relationship between distribution of an etching amount within a surface of a substrate and a process parameter," as claimed, nor does it disclose updating process parameters of the model by using training data, as claimed. Accordingly, Nanba differs from the present claims 1 and 5.” [“Remarks”, pg. 6, para. 2].
In response, this argument is not persuasive Nanba discloses an arithmetic comparison operation with reference to etching rate data and the thickness profile of the oxide film to be planarized [para. 0042, para. 0055] to determine process parameters (e.g., rotation number, scanning velocity of nozzle supplying processing liquid) [para. 0046-48; para. 0054-57], i.e., a model indicating a relationship between an etching amount within a surface of substrate and a process parameter.
Applicant argues as to amended claim 1:
“Furthermore, in amended claims 1 and 5, the multiple nozzles are configured to discharge different processing liquids, whereas the first liquid delivery nozzle and the second liquid delivery nozzle in Nanba merely discharge the same processing liquid. Therefore, Nanba also does not disclose "wherein the multiple nozzles include a first nozzle and a second nozzle configured to discharge different processing liquids, respectively," as recited by amended claims 1 and 5.” [“Remarks”, pg. 6, para. 3].
In response, this argument is not persuasive because Nanba discloses that both nozzle 21 and 22 are each configured to discharge diluted hydrofluoric acid and purified water [para. 0033]. Thus, nozzles 21 and 22 are configured to discharge different processing liquid liquids, respectively—i.e., nozzle 21 discharges hydrofluoric acid and 22 discharges purified water, or vice versa. Moreover, Nanba explicitly discloses in one embodiment a sequence of steps including discharging hydrofluoric acid from nozzle 22, followed by discharging purified water from nozzle 21 [para. 0056].
For the foregoing reasons, the rejection of claims 1-5 under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Nanba et al. (US 20070231483 A1) is maintained, but has been modified to meet new claim limitations.
Claim Rejections - 35 USC § 102
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 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-5 are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Nanba et al. (US 20070231483 A1).
As to claim 1, Nanba discloses an etching control system [Abstract] including a prediction device [para. 0042] and an etching control device [para. 0040-41],
wherein the prediction device [para. 0042; para. 0055] comprises:
a calculator configured to calculate, by using a model indicating a relationship between distribution of an etching amount within a surface of a substrate and a process parameter, which is a parameter of controlling operations of multiple nozzles configured to etch the substrate, the process parameter corresponding to distribution of a designated etching amount [para. 0042; para. 0055], and
a first update controller configured to update the process parameter of the model by using training data [para. 0042, para. 0046],
wherein the etching control device comprises [para. 0040-42]:
a second update controller configured to update a process recipe, which is information including a discharge time, a discharge position, and a moving speed of each of the multiple nozzles, based on the process parameter [para. 0040-41; para. 0054-57]; and
an operation controller configured to control the operations of the multiple nozzles according to the process recipe updated by the second update controller [para. 0040-41; para. 0054-57].
Here, Nanba discloses two separate controlling means (i.e., circuitry) for the etching process. First, the controller of Nanba further retrieves a process recipe, including discharge time, discharge position, and a moving speed of each of the nozzles [para. 0041], which in turn is updated by the information gathered in the following step. This corresponds to the claimed “second update controller configured to update a process recipe…based on the process parameter”.
Second, the controller of Nanba receives film thickness detection data and training data (“e.g., an experiment in advance”) [para. 0042] which is used to set process parameters (e.g., rotation number, scanning velocity of nozzle supplying processing liquid) [para. 0046]. This corresponds to the claimed “first update controller configured to update the process parameter of the model by using training data”.
As to amended claim 1, Nanba further discloses:
wherein the multiple nozzles include a first nozzle 21 and a second nozzle 22 configured to discharge different processing liquids, respectively [para. 0033; para. 0056-57].
Here, Nanba discloses that both nozzle 21 and 22 are each configured to discharge diluted hydrofluoric acid and purified water [para. 0033]. Thus, nozzles 21 and 22 are configured to discharge different processing liquid liquids, respectively—i.e., nozzle 21 discharges hydrofluoric acid and 22 discharges purified water, or vice versa. Moreover, Nanba explicitly discloses in one embodiment a sequence of steps including discharging hydrofluoric acid from nozzle 22, followed by discharging purified water from nozzle 21 [para. 0056].
As to claim 2, Nanba discloses etching control system of Claim 1,
wherein the second update controller updates the process recipe by setting a value based on the process parameter in a template in which the discharge times, the discharge positions and the moving speeds of the multiple nozzles are matched with each of multiple processes included in etching by the multiple nozzles [para. 0046-48; para. 0054-57].
As to claim 3, Nanba discloses the etching control system of Claim 1,
wherein the second update controller updates the process recipe by setting a value based on the process parameter in a template in which the discharge times, the discharge positions and the moving speeds of the multiple nozzles are matched with each of some of multiple processes included in etching by the multiple nozzles [para. 0046-48; para. 0054-57].
As to claim 4, Nanba discloses the etching control system of Claim 1,
wherein the calculator calculates the process parameter by using a model indicating a relationship between distribution of an etching amount and a process parameter, which is a parameter of determining discharge times, discharge positions, and moving speeds of a first nozzle configured to discharge a rinse onto the substrate being rotated and a second nozzle configured to discharge a chemical liquid to etch the substrate [para. 0046-48; para. 0054-57].
As to claim 5, Nanba discloses an etching control method performed by an etching control system including a prediction device and an etching control device, the etching control method comprising:
calculating, by using a model indicating a relationship between distribution of an etching amount within a surface of a substrate and a process parameter, which is a parameter of controlling operations of multiple nozzles configured to etch the substrate, the process parameter corresponding to distribution of a designated etching amount with the prediction device [para. 0046; para. 0055];
updating the process parameter of the model by using training data [para. 0042, “experiment in advance”];
updating a process recipe, which is information including a discharge time, a discharge position, and a moving speed of each of the multiple nozzles, based on the process parameter with the etching control device [para. 0040-41; para. 0054-57]; and
controlling the operations of the multiple nozzles with the etching control device according to the process recipe updated in the updating of the process recipe [para. 0046; para. 0055].
As to amended claim 5, Nanba further discloses:
wherein the multiple nozzles include a first nozzle 21 and a second nozzle 22 configured to discharge different processing liquids, respectively [para. 0033; para. 0056-57].
Here, Nanba discloses that both nozzle 21 and 22 are each configured to discharge diluted hydrofluoric acid and purified water [para. 0033]. Thus, nozzles 21 and 22 are configured to discharge different processing liquid liquids, respectively—i.e., nozzle 21 discharges hydrofluoric acid and 22 discharges purified water, or vice versa. Moreover, Nanba explicitly discloses in one embodiment a sequence of steps including discharging hydrofluoric acid from nozzle 22, followed by discharging purified water from nozzle 21 [para. 0056].
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER M REMAVEGE whose telephone number is (571)270-5511. The examiner can normally be reached Monday-Friday 10:00 AM - 3:30 PM.
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, Joshua Allen can be reached at 571-270-3176. 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.
/CHRISTOPHER REMAVEGE/Examiner, Art Unit 1713
Prosecution Insights