Prosecution Insights
Last updated: July 17, 2026
Application No. 18/489,188

SUBSTRATE PROCESSING APPARATUS AND SUBSTRATE PROCESSING METHOD

Non-Final OA §103
Filed
Oct 18, 2023
Priority
Oct 20, 2022 — JP 2022-168326
Examiner
REYES, JOSHUA NATHANIEL PI
Art Unit
1718
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Tokyo Electron Limited
OA Round
1 (Non-Final)
42%
Grant Probability
Moderate
1-2
OA Rounds
11m
Est. Remaining
93%
With Interview

Examiner Intelligence

Grants 42% of resolved cases
42%
Career Allowance Rate
28 granted / 67 resolved
-23.2% vs TC avg
Strong +51% interview lift
Without
With
+51.4%
Interview Lift
resolved cases with interview
Typical timeline
3y 8m
Avg Prosecution
45 currently pending
Career history
117
Total Applications
across all art units

Statute-Specific Performance

§101
0.2%
-39.8% vs TC avg
§103
90.9%
+50.9% vs TC avg
§102
3.8%
-36.2% vs TC avg
§112
0.5%
-39.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 67 resolved cases

Office Action

§103
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 . 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 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. Elections/Restrictions Applicant's election without traverse of Species A, drawn to claims 1-9 in the reply filed on 04/02/2026, is acknowledged. Claims 10-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 04/02/2026. Claim Rejections - 35 USC § 103 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) 1-3 and 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Miya et al. (US 20040050491) in view of Higashijima et al. (US 9793142) in view of Tanaka et al. (US 20210002770), Kim et al. (US 20210178522), Inoue et al. (US 20080075838), and Hashimoto et al. (US 20180277399), with Fujita et al. (US 20210005465) and Kubota et al. (US 20160204000) as evidentiary references. Regarding Claim 1: Miya teaches a substrate processing apparatus (apparatus 1) comprising: a substrate holder (spin base 10) configured to horizontally hold the substrate inside the processing container; a liquid supplier (processing liquid pipe 16) configured to supply a processing liquid to a lower surface of the substrate held by the substrate holder; a cover (blocking plate 30) provided with a gas outlet (supply port 47a) configured to discharge a gas toward an upper surface of the substrate held by the substrate holder; a gas supplier (inert gas supply source 23) configured to supply the gas to the cover; and a controller (control part 99) [Fig. 1, 8 & 0044, 0049, 0051, 0124]. Miya does not specifically disclose a processing container in which a loading/unloading port for a substrate is provided. Higashijima teaches a processing container (housing 11) in which a loading/unloading port (port 13) for a substrate is provided. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the apparatus of Miya to include a container, as in Higashijima, to provide automatic control and provide better control over internal process conditions such as pressure [Higashijima '914 - Col. 8 lines 46-67, Col. 12 lines 50-58]. Modified Miya does not specifically disclose a heater provided in the cover to heat the gas. Tanaka teaches a heater (heater 63) provided in the cover to heat the gas (it is noted that heater 63 is disposed around gas nozzle 661, and as such, can be reasonably inferred to heat a gas passing therethrough) [Fig. 5 & 004, 0052]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the cover of modified Miya to include a heater, as in Tanaka, to provide further control over processing fluid temperatures [Tanaka - 0042, 0048, 0071]. Fujita et al. (US 20210005465) also discloses that temperature control over gases can be beneficial to provide control over reaction rates [Fujita - 0027]. Modified Miya (Miya modified by Higashijima and Tanaka) does not specifically disclose wherein the controller is configured to perform a control to: maintain a temperature of the heater at a second set temperature higher than a first set temperature while the processing liquid is supplied to the lower surface of the substrate. Although Kim does not specifically disclose "wherein the controller is configured to perform a control to maintain a temperature of the heater at a second set temperature higher than a first set temperature while the processing liquid is supplied to the lower surface of the substrate," Kim does disclose that etchant temperature is a result effective variable. Specifically, etchant temperature can be adjusted to change etch rates [Kim - 0042, 0049]. As such, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to find an optimum heater output for any timing to obtained a desired etch rate. It has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. See MPEP 2144.05. Modified Miya (Miya modified by Higashijima, Tanaka, and Kim) does not specifically disclose maintain the temperature of the heater at the first set temperature during a standby operation from when the substrate begins to be unloaded from the processing container until a subsequent substrate is loaded into the processing container. Inoue teaches maintain the temperature of the heater at the first set temperature during a standby operation from when the substrate begins to be unloaded from the processing container until a subsequent substrate is loaded into the processing container (when the oxidation apparatus 22 is set in standby with no semiconductor wafers W loaded therein, the process container 24 is maintained at a temperature lower than the process temperature) [Fig. 1 & 0056]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the apparatus of modified Miya to maintain a temperature during standby, as in Inoue, since maintaining a set temperature prior to substrate processing would merely applying a known technique to yield predictable results (See MPEP 2143 I. D). Kubota et al. (US 20160204000) also discloses that maintaining a standby temperature can reduce the time required to reach a processing temperature, thereby improving throughput [Kubota - 0089]. Modified Miya (Miya modified by Higashijima, Tanaka, Kim, and Inoue) does not specifically disclose increase an output of the heater during the standby operation and raise the temperature of the heater from the first set temperature to the second set temperature until the subsequent substrate is loaded into the processing container. Hashimoto teaches and increase an output of the heater during the standby operation and raise the temperature of the heater from the first set temperature to the second set temperature until the subsequent substrate is loaded into the processing container (the controller 3 controls the temperature adjusting units 80 to heat up until the substrate W is carried in) [Fig. 14 & 0141-0142]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the apparatus of Miya to reach a target temperature before a substrate is loaded, as in Hashimoto, to ensure a desired processing temperature is reached when processing is ready to begin [Hashimoto - 0142, 015, 0165]. Regarding Claim 2: Miya teaches wherein the liquid supplier is configured to supply, to the lower surface of the substrate held by the substrate holder, the processing liquid and a rinsing liquid for removing the processing liquid from the substrate in a sequential manner (a rinsing process is performed after an etching process via a chemical solution) [Fig. 2 & 0127]. Modified Miya (Miya modified by Higashijima and Tanaka) does not specifically disclose and wherein the controller is configured to perform the control to decrease the output of the heater after supplying the processing liquid and before supplying the rinsing liquid and lower the temperature of the heater kept at the second set temperature. Although Kim does not specifically disclose "wherein the controller is configured to perform the control to decrease the output of the heater after supplying the processing liquid and before supplying the rinsing liquid, and lower the temperature of the heater kept at the second set temperature," Kim does disclose that etchant temperature is a result effective variable. Specifically, etchant temperature can be adjusted to change etch rates [Kim - 0042, 0049]. As such, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to find an optimum heater output for any timing to obtained a desired etch rate. It has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. See MPEP 2144.05. Regarding Claim 3: Modified Miya (Miya modified by Higashijima, Tanaka, and Kim) does not specifically disclose wherein the controller is configured to perform the control to increase the output of the heater within a set period of time from when the standby operation begins and return the temperature of the heater to the first set temperature. Inoue teaches maintain the temperature of the heater at the first set temperature during a standby operation from when the substrate begins to be unloaded from the processing container until a subsequent substrate is loaded into the processing container (when the oxidation apparatus 22 is set in standby with no semiconductor wafers W loaded therein, the process container 24 is maintained at a temperature lower than the process temperature; it is noted that in order to maintain a set temperature, heater output must increase or decrease to achieve said set temperature) [Fig. 1 & 0056]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the apparatus of modified Miya to maintain a temperature during standby, as in Inoue, since maintaining a set temperature prior to substrate processing would merely applying a known technique to yield predictable results (See MPEP 2143 I. D). Kubota et al. (US 20160204000) also discloses that maintaining a standby temperature can reduce the time required to reach a processing temperature, thereby improving throughput [Kubota - 0089]. Regarding Claim 8: Modified Miya (Miya modified by Higashijima and Tanaka) does not specifically disclose wherein the controller controls the output of the heater so that the temperature of the heater is raised to the first set temperature from a temperature lower than the first set temperature within a preset temperature-rise time period. Although Kim does not specifically disclose "wherein the controller controls the output of the heater so that the temperature of the heater is raised to the first set temperature from a temperature lower than the first set temperature within a preset temperature-rise time period," Kim does disclose that etchant temperature is a result effective variable. Specifically, etchant temperature can be adjusted to change etch rates [Kim - 0042, 0049]. As such, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to find an optimum heater output for any timing to obtained a desired etch rate. It has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. See MPEP 2144.05. Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Miya et al. (US 20040050491) in view of Higashijima et al. (US 979314) in view of Tanaka et al. (US 20210002770), Kim et al. (US 20210178522), Inoue et al. (US 20080075838), and Hashimoto et al. (US 20180277399), with Fujita et al. (US 20210005465) and Kubota et al. (US 20160204000) as evidentiary references, as applied to claims 1-3 and 8 above, and further in view of Takuma (US 20200035532). The limitations of claims 1-3 and 8 have been set forth above. Regarding Claim 4: Modified Miya teaches wherein an opening (top portion 45a) is provided in a central portion of the cover so as to vertically pass through the cover [Miya - Fig. 1, 8 & 0122]. Modified Miya does not specifically disclose wherein the substrate processing apparatus includes a down-flow creator provided on a ceiling of the processing container. Takuma teaches wherein the substrate processing apparatus includes a down-flow creator (FFU 21) provided on a ceiling of the processing container [Fig. 2 & 0121]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the apparatus of modified Miya to include a down-flow creator, as in Takuma, to provide further control over chamber atmosphere [Takuma - 0121]. Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Miya et al. (US 20040050491) in view of Higashijima et al. (US 9793142) in view of Tanaka et al. (US 20210002770), Kim et al. (US 20210178522), Inoue et al. (US 20080075838), and Hashimoto et al. (US 20180277399), with Fujita et al. (US 20210005465) and Kubota et al. (US 20160204000) as evidentiary references, as applied to claims 1-3 and 8 above, and further in view of Kaneko et al. (WO 2020121886), with US 20220049356 as an official English translation . The limitations of claims 1-3 and 8 have been set forth above. Regarding Claim 5: Miya does not specifically disclose wherein the controller is configured to perform the control to: maintain a discharge flow rate of the gas at a second set flow rate higher than a first set flow rate while the processing liquid is supplied to the lower surface of the substrate; maintain the discharge flow rate of the gas at the first set flow rate during the standby operation. Kaneko teaches wherein the controller is configured to perform the control to: maintain a discharge flow rate of the gas at a second set flow rate higher than a first set flow rate while the processing liquid is supplied to the lower surface of the substrate (the inert gas whose flow rate is higher than that of the inert gas discharged from the gas supply opening 13 while the plating liquid L1 is placed on the upper surface Sw of the substrate W can be discharged from the gas supply opening 13 while the cleaning liquid L2 is placed on the upper surface Sw of the substrate W); maintain the discharge flow rate of the gas at the first set flow rate during the standby operation (the inert gas whose flow rate is higher than that of the inert gas discharged from the gas supply opening 13 while the cover body 6 is located at the lower position can be discharged from the gas supply opening 13 before the cover body 6 is located at the lower position) [Fig. 1, 7 & 0108-0109]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the controller of modified Miya to include instructions for lowering a cover after inert gas is supplied, as in Kaneko, to provide more rapid deoxygenation [Kaneko - 0106]. It is further noted that the combination of references would disclose “increase the discharge flow rate of the gas from the first set flow rate to the second set flow rate while the temperature of the heater is raised from the first set temperature to the second set temperature.” Kim has established that temperature is a result effective variable, and as such, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to find an optimum heater output for any timing to obtained a desired etch rate [Kim - 0042, 0049]. Kaneko discloses a second flow rate higher than a first flow rate, and as such, the temperature of a heater increasing can be set by one of ordinary skill in the art to coincide with the timing of the flow rate being increased to the second flowrate. Regarding Claim 6: Modified Miya teaches a lifter configured to raise and lower the cover between a processing position where the processing liquid is supplied to the lower surface of the substrate and a standby position above the processing position (when processing is ready to begin, the lifting mechanism 49 lowers the blocking plate 30 such that it is close to above the wafer W; the blocking plate 30 is lifted away from the wafer W when a wafer is ready to be loaded in) [Miya - Fig. 2 & 0128, 0195]. Modified Miya does not specifically disclose wherein the controller is configured to perform the control to lower the cover from the standby position to the processing position in a state where the discharge flow rate of the gas is maintained at the second set flow rate. Kaneko taches wherein the controller is configured to perform the control to lower the cover from the standby position to the processing position in a state where the discharge flow rate of the gas is maintained at the second set flow rate (the inert gas may be discharged from the gas supply opening 13 of the gas supply nozzle 12 before the cover body 6 is located at the lower position) [Fig. 1, 7 & 0102, 0108]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the controller of modified Miya to include instructions for lowering a cover after inert gas is supplied, as in Kaneko, to provide more rapid deoxygenation [Kaneko - 0106]. Regarding Claim 7: Modified Miya does not specifically disclose wherein the controller is configured to perform the control to lower the discharge flow rate of the gas from the second set flow rate to the first set flow rate after supplying the processing liquid and before raising the cover from the processing position to the standby position. Kaneko teaches wherein the controller is configured to perform the control to lower the discharge flow rate of the gas from the second set flow rate to the first set flow rate after supplying the processing liquid and before raising the cover from the processing position to the standby position (the inert gas flow rate is higher when the cover body 6 is raised, and is set to be lower after processing liquid is supplied and after the cover body 6 is lowered) [Fig. 1, 7 & 0108-0109]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the controller of modified Miya to include instructions for lowering a cover after inert gas is supplied, as in Kaneko, to provide more rapid deoxygenation [Kaneko - 0106]. Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Miya et al. (US 20040050491) in view of Higashijima et al. (US 9793142) in view of Tanaka et al. (US 20210002770), Kim et al. (US 20210178522), Inoue et al. (US 20080075838), and Hashimoto et al. (US 20180277399), with Fujita et al. (US 20210005465) and Kubota et al. (US 20160204000) as evidentiary references, as applied to claims 1-3 and 8 above, and further in view of Nakano et al. (US 20150253762) and Hara (US 20150004794). The limitations of claims 1-3 and 8 have been set forth above. Regarding Claim 9: Modified Miya does not specifically disclose wherein the controller is configured to perform the control to lower the first set temperature during the standby operation. Nakano teaches wherein the controller is configured to perform the control to lower the first set temperature over time during the standby operation (the set temperature of the heater 207 is lowered until execution of the next recipe) [Fig. 4 & 0181]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the controller of modified Miya to include instructions for lowering a set temperature during standby, as in Nakano, to reduce power consumption [Nakano - 0181]. Modified Miya does not specifically disclose wherein the controller is configured to perform the control to lower the first set temperature in a stepwise manner over time. Hara teaches wherein the controller is configured to perform the control to lower the first set temperature in a stepwise manner over time (the temperature decreasing process is performed in a step-by-step manner in steps C and D, and the temperature of the electrostatic chuck 40 has been gradually decreased) [Fig. 6 & 0062]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the controller of modified Miya to lower temperature over time in a stepwise manner, as in Hara, to provide gradual temperature changes, thereby lowering the risk of damage caused from differences in thermal expansion between parts [Hara - 0067]. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant’s Disclosure. Negoro et al. (US 20210313191) and Hamada et al. (US 10804121) teach covers [Negoro – Fig. 2; Hamada – Fig. 1] Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSHUA NATHANIEL PINEDA REYES whose telephone number is (571)272-4693. The examiner can normally be reached Monday - Friday 8 AM to 4:30 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, Gordon Baldwin can be reached at (571) 272-5166. 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. /J.R./Examiner, Art Unit 1718 /GORDON BALDWIN/Supervisory Patent Examiner, Art Unit 1718
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Prosecution Timeline

Oct 18, 2023
Application Filed
Jun 22, 2026
Non-Final Rejection mailed — §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
42%
Grant Probability
93%
With Interview (+51.4%)
3y 8m (~11m remaining)
Median Time to Grant
Low
PTA Risk
Based on 67 resolved cases by this examiner. Grant probability derived from career allowance rate.

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