Prosecution Insights
Last updated: April 19, 2026
Application No. 18/489,460

LIGHTPIPE FOR HIGH TEMPERATURE SUBSTRATE PROCESSING

Non-Final OA §103
Filed
Oct 18, 2023
Examiner
JAGAN, MIRELLYS
Art Unit
2855
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
VEECO INSTRUMENTS INC.
OA Round
1 (Non-Final)
83%
Grant Probability
Favorable
1-2
OA Rounds
2y 9m
To Grant
88%
With Interview

Examiner Intelligence

Grants 83% — above average
83%
Career Allow Rate
1215 granted / 1467 resolved
+14.8% vs TC avg
Moderate +6% lift
Without
With
+5.6%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
25 currently pending
Career history
1492
Total Applications
across all art units

Statute-Specific Performance

§101
0.4%
-39.6% vs TC avg
§103
47.0%
+7.0% vs TC avg
§102
33.9%
-6.1% vs TC avg
§112
13.1%
-26.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1467 resolved cases

Office Action

§103
DETAILED ACTION The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Election/Restrictions Claims 6-18 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 12/29/25. The requirement is still deemed proper and is therefore made FINAL. Claim Objections Claims 1, 5, and 19 are objected to because of the following informalities: In claim 1, there is no structural relationship between the processing chamber, as recited in line 2, with the remaining members of the claim; --and-- should be added after “chamber;” in line 2; “and” should be deleted from line 7; and --measured-- should be added before “emitted” in line 10. In claim 5, --the-- should be added before “emitted” in line 3. In claim 19, “measure an emitted light” should be changed to --receive a thermal radiation-- in line 1 (there is lack of antecedent basis in the claim for “the thermal radiation” in lines 9 and 11); “signal” should be deleted from line 1 (there is lack of antecedent basis in the claim for “the thermal radiation signal”); --an-- should be added after “into” in line 2; and the preamble of the claim (lines 1-2) claims a pyrometer assembly for measuring an emitted light from a portion of a semiconductor substrate, but the body of the claim (lines 11-13) claims the pyrometer assembly being for calculating a temperature of the portion of the semiconductor substrate based on stored calibration data. Appropriate correction is required. 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. Claims 1-5 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Application Publication 2010/0124248 to Patalay et al [hereinafter Patalay] in view of U.S. Patent 4,129,356 to Oestreich. Referring to claim 1, Patalay discloses a substrate processing system (figures 1, 2, 3A, 7; paragraphs 8, 21, 28, 30, 31, 45, 46, 61-63, 71, 83) comprising: a processing chamber (712) (figure 7; paragraph 45); and an optical pyrometer assembly (figures 1, 3A) to measure an emitted thermal radiation originating substantially from a portion of a target surface (215/315) (figures 2, 3A; paragraphs 30, 31), the optical pyrometer comprising a lightpipe that comprises a core (310) and a hollow sheath (305) surrounding the core (310), the core (310) and the sheath (305) being concentric with one another (figure 3A); wherein a temperature of the target surface (215/315) (figures 2, 3A) is determined from an intensity of a portion of the emitted thermal radiation near at least one wavelength (paragraph 62). Patalay does not disclose the sheath being formed by a chemical vapor deposition process and including local protrusions within a hollow interior thereof to maintain a position of the core within the sheath. However, Oestreich discloses (figures 1-3; abstract; column 2, lines 45-49; column 4, lines 16-20, 29-35, 38-40) a lightpipe that comprises a core (2) and a hollow sheath (6) surrounding and concentric with the core (2) (figure 1), wherein the sheath (6) has local protrusions (7) within a hollow interior thereof to maintain a position of the core (2) within the sheath (6) in order to avoid attenuation and protect the core. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the sheath of Patalay with local protrusions within a hollow interior thereof to maintain a position of the core within the sheath, as suggested by Oestreich, in order to avoid attenuation and protect the core. Furthermore, the method of forming the sheath claimed by the applicant, i.e., forming the sheath by a chemical vapor deposition process, is not germane to the issue of patentability of the apparatus itself. Therefore, this limitation has not been given patentable weight. Referring to claim 2, Patalay in view of Oestreich disclose a system having all of the limitations of claim 2, as stated above with respect to claim 1, wherein Patalay discloses that the core comprises a sapphire rod and that the sheath is formed of high-resistivity silicon carbide (SiC) (paragraph 62). Referring to claim 3, Patalay in view of Oestreich disclose a system having all of the limitations of claim 3, as stated above with respect to claim 1, wherein Oestreich discloses that the local protrusions (7) comprise bumps (serrations) that are formed circumferentially within the hollow interior of the sheath (figure 3; column 4, lines 38-40). Referring to claim 4, Patalay in view of Oestreich disclose a system having all of the limitations of claim 4, as stated above with respect to claim 1, wherein Oestreich discloses that the local protrusions (7) comprise discrete ridges or rails that are formed circumferentially and extend longitudinally within the hollow interior of the sheath (figures 1, 2). Referring to claim 5, Patalay in view of Oestreich disclose a system having all of the limitations of claim 5, as stated above with respect to claim 1, wherein Patalay discloses an optical detector that is configured to receive an output from the lightpipe and to generate at least one signal representative of emitted thermal radiation, and a temperature circuit (detector) that transforms the at least one signal into a temperature value of the target surface (paragraphs 63, 71, 83). Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Patalay in view of Oestreich, U.S. Patent Application Publication 2019/0228997 to Hu et al [hereinafter Hu], and the prior art disclosed by the applicant in paragraph 28 of the published application [hereinafter Prior Art]. Patalay discloses an optical pyrometer assembly (figures 1, 2, 3A; paragraphs 8, 21, 28, 30, 31, 45, 46, 61-63, 71, 83) to measure an emitted light originating substantially from a portion of a semiconductor substrate in a processing chamber (figure 7; paragraphs 8, 31), the optical pyrometer comprising a lightpipe that comprises a sapphire rod core (310) (paragraphs 28, 30, 31) and a hollow sheath (305) surrounding the core (310) (figure 3A), the core (310) and the sheath (305) being concentric with one another (figure 3A), wherein the sheath (305) is formed of high-resistivity silicon carbide (SiC) (paragraph 28). Patalay does not disclose the sheath being formed by a chemical vapor deposition process and including local protrusions within a hollow interior thereof to maintain a position of the core within the sheath; a fiber optical cable that transmits the thermal radiation sampled by the lightpipe to a detector; and a detector and electronics module to receive the thermal radiation signal and convert it into an analog signal, then digitize it and calculate a temperature of the portion of the semiconductor substrate based on stored calibration data. However, Oestreich discloses (figures 1-3; abstract; column 2, lines 45-49; column 4, lines 16-20, 29-35, 38-40) a lightpipe that comprises a core (2) and a hollow sheath (6) surrounding and concentric with the core (2) (figure 1), wherein the sheath (6) has local protrusions (7) within a hollow interior thereof to maintain a position of the core (2) within the sheath (6) in order to avoid attenuation and protect the core. Furthermore, Hu discloses an optical pyrometer assembly for measuring an emitted thermal radiation from a portion of a semiconductor substrate in a processing chamber (figures 1, 2; paragraphs 7, 8, 18, 23, 40, 42), wherein the assembly uses a fiber optic cable (208) to transmit the thermal radiation sampled by a lightpipe (202) to a detector (112/240) for determining the temperature of the semiconductor substrate (paragraphs 40, 42). In addition, it is known in the Prior Art (known in the industry) that a detector and electronics module are used to receive the thermal radiation signal and convert it into an analog signal, then digitize it to calculate a temperature of the portion of the semiconductor substrate based on stored calibration data. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the sheath of Patalay with local protrusions within a hollow interior thereof to maintain a position of the core within the sheath, as suggested by Oestreich, in order to avoid attenuation and protect the core. Furthermore, the method of forming the sheath claimed by the applicant, i.e., forming the sheath by a chemical vapor deposition process, is not germane to the issue of patentability of the apparatus itself. Therefore, this limitation has not been given patentable weight. Furthermore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide Patalay with a fiber optical cable that transmits the thermal radiation sampled by the lightpipe to a detector, as suggested by Hu, in order to determine the temperature of the substrate. Lastly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide Patalay with a detector and electronics module to receive the thermal radiation signal and convert it into an analog signal, then digitize it and calculate a temperature of the portion of the semiconductor substrate based on stored calibration data, as known in the Prior Art, in order to provide a calibrated temperature measurement of the substrate. Conclusion The references made of record and not relied upon by the examiner are considered pertinent to applicant's disclosure by disclosing an optical pyrometer. Any inquiry concerning this communication or earlier communications from the examiner should be directed to MIRELLYS JAGAN whose telephone number is (571)272-2247. The examiner can normally be reached Tuesday-Friday 8-6. 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, Kristina DeHerrera can be reached at 303-297-4237. 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. /MIRELLYS JAGAN/ Primary Examiner Art Unit 2855 1/9/26
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Prosecution Timeline

Oct 18, 2023
Application Filed
Jan 09, 2026
Non-Final Rejection — §103 (current)

Precedent Cases

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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
83%
Grant Probability
88%
With Interview (+5.6%)
2y 9m
Median Time to Grant
Low
PTA Risk
Based on 1467 resolved cases by this examiner. Grant probability derived from career allow rate.

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