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 .
Claim Objections
Claims 4 & 5 are objected to because of the following informalities:
Claim 4, line 1 recites “multilayer includes a macro features”, consider instead -- multilayer includes a series of macro features --.
Claim 5, lines 1-2 recite “the polymer matrix includes close cell micropores, the closed cells are micropores”, which is redundant, consider instead -- the polymer matrix includes close cell micropores --.
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, 3, 5, 6, 8 & 10 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.
As written, claims 1 & 6 recite the polishing surface of the polishing pad is useful for polishing a number of substrates, including “a bottom surface”. It is the interpretation and understanding of the examiner, that the “bottom surface” is intended to be a part of the polishing pad, not an object to be polished.
Consider instead: -- a polishing pad having a polymeric matrix, a polishing surface, and a bottom surface, wherein the polishing surface is useful for polishing at least one of semiconductor, magnetic, and optical substrates
Claim 5 recites the limitation "the polymer matrix". There is insufficient antecedent basis for this limitation in the claim. In the interest of compact prosecution and for the purposes of this office action, “the polymer matrix” recited in claim 5, will be interpreted as “the polymeric matrix” recited in claim 1.
Claim 5 recites “wherein the polymer matrix includes… a bottom surface of the polishing pad…” where “a bottom surface” has already been defined in claim 1, on which claim 5 depends. As recited, it is unclear if there is a second bottom surface of the polishing pad.
Consider instead: -- [[a]]the bottom surface of the polishing pad --.
Claims 3 & 8 recite the limitation “the open cell pores include…”. There is insufficient antecedent basis for this limitation in the claim. In the interest of compact prosecution and for the purposes of this office action, “the open cell pores” recited in claims 3 & 8, will be interpreted as “the open cell micropores” recited in claims 1 & 6 respectively.
Claim 10 recites the limitation “wherein the polishing layer has a bottom surface and the bottom surface includes…”. There is insufficient antecedent basis for this limitation in the claim, as no polishing layer has been previously defined. It is the interpretation and understanding of the examiner, that the “polishing layer” is intended to be synonymous with the “polymeric matrix” recited in claim 6, on which claim 10 depends. Further, with this interpretation, it is understood that “a bottom surface” has already been defined in claim 6. Therefore, in the interest of compact prosecution and for the purposes of this office action, “the polishing layer” and “a bottom surface” recited in claim 10, will be interpreted as “the polymeric matrix” and “the bottom surface”, respectively, recited in claim 6.
Consider instead: -- wherein the bottom surface of the polymeric matrix includes… --.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1, 3, 4, 6 & 8 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 4, 6, 9 & 10 of U.S. Patent App. (18/490,345) in view of Vacassy et al. (US 20150056892 A1).
Regarding claim 1,
Instant Application (18/490,290)
Claim 1
U.S. Patent App. (18/490,345)
Claim 1
A chemical mechanical polishing pad comprising:
A chemical mechanical polishing pad comprising:
a polishing pad having a polymeric matrix, a polishing surface useful for polishing at least one of semiconductor, magnetic and optical substrates and a bottom surface;
a polishing layer having a polymeric matrix, a polishing surface useful for polishing at least one of semiconductor, magnetic and optical substrates and a bottom surface;
a porous subpad adhered to the bottom surface of the polishing pad, the porous subpad including:
a porous subpad adhered to the bottom surface of the polishing pad, the porous subpad including:
a nonporous microlayer for securing the polishing pad to the porous subpad, the nonporous microlayer being flexible and forming a micro-scale conformal coating on the bottom surface of the polishing pad and the nonporous layer is contiguous with the bottom surface of the polishing pad;
a non-porous layer for securing the polishing pad to the porous subpad (note, following not included in instant application: “, the non-porous layer having a polymeric matrix”) (note, App. 345 specification discloses: “Since the microlayer is nonporous, it does not have a large compressibility. But because the microlayer is thin, it is flexible and can conform to bending of the polishing pad” (para. [0058])) and having a micro-scale (note, following not included in instant application: “negative impression of the bottom surface”) (note, App. 345 specification discloses: “nonporous microlayer 30 adheres to the bottom surface 16 of the polishing pad 10. The nonporous microlayer 30 conforms to the surface roughness of bottom surface 16 for excellent adhesion” (para. [0030])) of the polishing pad and the non-porous layer being contiguous with the bottom surface of the polishing layer;
a porous polymer network, the porous polymer network containing:
a porous subpad (note, App. 345 specification discloses: “the single closed cell layer 50 and the multilayers 60, 70 and 80 combine to form a porous polymer network” (para. [0035])) adhered to the bottom surface of the polishing pad, the porous subpad including:
ii) a multilayer of closed cell, open cell or a mixture of closed and open cell micropores adjacent the single layer of closed cell micropores wherein the multilayer of closed cell, open cell or a mixture of closed and open cell micropores are gas filled and the multilayer of closed cell, open cell or a mixture of closed and open cell micropores remains gas filled during an entire polishing life of the polishing pad.
a multilayer of closed cell, open cell or a mixture of closed and open cell micropores wherein the multilayer of closed cell, open cell or a mixture of closed and open cell micropores are gas filled and the multilayer remains gas filled during an entire polishing life of the polishing pad (note, following not included in instant application: “and wherein the multilayer of closed cell, open cell or a mixture of closed and open cell micropores has the same polymeric matrix of the nonporous layer and a flexibility greater than the non-porous layer.”)
Claim 1 of App. 345 discloses the aforementioned limitations of Instant Application 290 claim 1, but fails to disclose:
a single layer of closed cell micropores adjacent the nonporous microlayer for transitioning compressive forces from the bottom surface of the polishing pad to the porous subpad; and
Vacassy teaches a chemical mechanical polishing pad (element 100, fig. 1) comprising:
a porous polymer network (element 122, 124, 126, 128, fig. 1; 100B, fig. 3), the porous polymer network containing:
i) a single layer of closed cell micropores (element 126, 128, fig. 1; para. [0041]) adjacent the nonporous microlayer (element 110, fig. 1; para. [0040]) for transitioning compressive forces from the bottom surface of the polishing pad to the porous subpad (para. [0041]; closed cell pores (element 126, 128) define “transition zones”)
Vacassy teaches the ratio of porous to nonporous regions and the dual morphology of closed and open cell regions provide enhanced planarization efficiency and reduced defectivity (para. [0014, 44]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the polishing pad of App. 345 to incorporate the teachings of Vacassy to provide the polishing pad of Instant Application claim 1. One of ordinary skill in the art would appreciate the structure taught by Vacassy in provided a polishing pad with improved planarization.
Regarding claim 3,
Instant Application (18/490,290)
Claim 3
U.S. Patent App. (18/490,345)
Claim 4
The polishing pad of claim 1
The polishing pad of claim 1
wherein the multilayer includes the mixture of closed cell and open cell micropores and the closed cells are spherical and the open cell pores include ovoid-shaped micropores.
wherein the multilayer includes the mixture of closed cell and open cell micropores and the closed cells are spherical and the open cell pores include ovoid-shaped micropores.
Regarding claim 4,
Instant Application (18/490,290)
Claim 4
U.S. Patent App. (18/490,345)
Claim 10
The polishing pad of claim 1
The polishing pad of claim 6 (see Office Action, para 10. below for description of claim 6. Claim 6 of App. 345 includes all limitations of claim 1 of App. 290 and further narrows claim scope. Claim 1 of App. 290 comprises broader scope than claim 6 of App. 345, which necessarily includes scope of claim 6 of App. 345)
wherein the multilayer includes a macro features that extend into the subpad for adjusting polishing profile of the chemical mechanical polishing pad.
wherein the multilayer includes a macro feature that extends into the subpad for adjusting polishing profile of the chemical mechanical polishing pad.
Regarding claim 6,
Instant Application (18/490,290)
Claim 6
U.S. Patent App. (18/490,345)
Claim 6
A chemical mechanical polishing pad comprising:
A chemical mechanical polishing pad comprising:
a polishing pad having a polymeric matrix, a polishing surface useful for polishing at least one of semiconductor, magnetic and optical substrates and a bottom surface;
a polishing pad having a polymeric matrix, a polishing surface useful for polishing at least one of semiconductor, magnetic and optical substrates and a bottom surface;
a porous subpad adhered to the bottom surface of the polishing pad, the porous subpad including:
a porous subpad adhered to the bottom surface of the polishing pad, the porous subpad including:
a nonporous microlayer for securing the polishing pad to the porous subpad, the nonporous microlayer being flexible and forming a micro-scale conformal coating on the bottom surface of the polishing pad and the nonporous layer is contiguous with the bottom surface of the polishing pad;
a non-porous layer for securing the polishing pad to the porous subpad (note, following not included in instant application: “, the non-porous layer having a polymeric matrix”) (note, App. 345 specification discloses: “Since the microlayer is nonporous, it does not have a large compressibility. But because the microlayer is thin, it is flexible and can conform to bending of the polishing pad” (para. [0058])) and having a micro-scale (note, following not included in instant application: “negative impression of the bottom surface”) (note, App. 345 specification discloses: “nonporous microlayer 30 adheres to the bottom surface 16 of the polishing pad 10. The nonporous microlayer 30 conforms to the surface roughness of bottom surface 16 for excellent adhesion” (para. [0030])) of the polishing pad and the non-porous layer being contiguous with the bottom surface of the polishing layer; and
a porous polymer network, the porous polymer network containing:
a porous subpad (note, App. 345 specification discloses: “the single closed cell layer 50 and the multilayers 60, 70 and 80 combine to form a porous polymer network” (para. [0035])) adhered to the bottom surface of the polishing pad, the porous subpad including:
ii) a multilayer of closed cell, open cell or a mixture of closed and open cell micropores adjacent the single layer of closed cell micropores wherein the multilayer of closed cell, open cell or a mixture of closed and open cell micropores are gas filled and the multilayer of closed cell, open cell or a mixture of closed and open cell micropores remains gas filled during an entire polishing life of the polishing pad and the polishing pad has a porosity and the porous subpad has a porosity greater than the porosity of the polishing pad.
a multilayer of closed cell, open cell or a mixture of closed and open cell micropores wherein the multilayer of closed cell, open cell or a mixture of closed and open micropores are gas filled and the multilayer remains gas filled during an entire polishing life of the polishing pad and (note, following not included in instant application: “wherein the multilayer of closed cell, open cell or a mixture of closed and open cell micropores has the same polymeric matrix of the low porosity layer and a flexibility greater than the nonporous layer and”) the polishing pad has a porosity and the porous subpad has a porosity greater than the porosity of the polishing pad.
Claim 6 of App. 345 discloses the aforementioned limitations of Instant Application 290 claim 1, but fails to disclose:
a single layer of closed cell micropores adjacent the nonporous microlayer for transitioning compressive forces from the bottom surface of the polishing pad to the porous subpad; and
Vacassy teaches a chemical mechanical polishing pad (element 100, fig. 1) comprising:
a porous polymer network (element 122, 124, 126, 128, fig. 1; 100B, fig. 3), the porous polymer network containing:
i) a single layer of closed cell micropores (element 126, 128, fig. 1; para. [0041]) adjacent the nonporous microlayer (element 110, fig. 1; para. [0040]) for transitioning compressive forces from the bottom surface of the polishing pad to the porous subpad (para. [0041]; closed cell pores (element 126, 128) define “transition zones”)
Vacassy teaches the ratio of porous to nonporous regions and the dual morphology of closed and open cell regions provide enhanced planarization efficiency and reduced defectivity (para. [0014, 44]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the polishing pad of App. 345 to incorporate the teachings of Vacassy to provide the polishing pad of Instant Application claim 1. One of ordinary skill in the art would appreciate the structure taught by Vacassy in provided a polishing pad with improved planarization.
Regarding claim 8,
Instant Application (18/490,290)
Claim 8
U.S. Patent App. (18/490,345)
Claim 9
The polishing pad of claim 6
The polishing pad of claim 6
wherein the multilayer includes the mixture of closed cell and open cell micropores and the closed cells are spherical and the open cell pores include ovoid-shaped micropores.
wherein the multilayer includes the mixture of closed cell and open cell micropores and the closed cells are spherical and the open cell pores include ovoid-shaped micropores.
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.
Claims 1, 3, 5, 6 & 8 are rejected under 35 U.S.C. 103 as being unpatentable over Feng et al. (US 10702970 B2) in view of Vacassy, as further evident by Huygens et al. (US 6569913 B1).
Regarding claim 1, Feng discloses a chemical mechanical polishing pad comprising:
a polishing pad (element 2, fig. 2) having a polymeric matrix (element 21, 211, 212, fig. 2; col. 3, line 65 – col. 4, line 10; col. 4, line 19-28; elastomer of polishing pad optionally comprised of polyurethane), a polishing surface (col. 5, line 31-39), and a bottom surface (see annotated fig. 2 below), wherein the polishing surface is useful for polishing at least one of semiconductor, magnetic, and optical substrates (col. 1, line 20-26) (see 112(b) interpretation);
a porous subpad (element 22, 221, 222, fig. 2; col. 5, line 42-44;) adhered to the bottom surface of the polishing pad (element 23, fig. 2; col. 7, line 1-2), the porous subpad including:
a nonporous microlayer (element 23, fig. 2; col. 7, line 9-14) for securing the polishing pad to the porous subpad (col. 7, line 1-2) and forming a micro-scale conformal coating on the bottom surface of the polishing pad (col. 7, line 7-12; note, fluidic or paste adhesive coating supporting film conforms to attaching surfaces of polishing pad and subpad) and the nonporous layer is contiguous with the bottom surface of the polishing pad (col. 6, line 34-41; “a large contacting area can enhance the engagement therebetween, preventing delamination of the elastic base layer from the polishing layer”);
a porous polymer network, the porous polymer network containing:
i) a single layer of open cell micropores (element 222, fig. 2; col. 6, line 10-17; “the second pores 222 are independent and the second pores are not continuous with each other”) adjacent the nonporous microlayer for transitioning compressive forces from the bottom surface of the polishing pad to the porous subpad (col. 6, line 30-34; “the elastic base layer can afford the pressure along a perpendicular direction from the polishing plate and the pressure plate”); and
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ii) a multilayer of closed cell, open cell or a mixture of closed and open cell micropores (see annotated fig. 2) adjacent the single layer of open cell micropores.
Feng fails to explicitly disclose, the nonporous microlayer being flexible, however, as evident through the disclosure of Huygens, one of ordinary skill in the art would appreciate that the disclosed nonporous microlayer of Feng is flexible. Feng discloses a binding layer comprising a nonporous supporting film and an adhesive. Feng discloses this adhesive may comprise an elastomer with a high molecular weight as a part of a moisture-curing paste, including isocyanate-terminated prepolymers (col. 7, line 1-25). Huygens discloses inventions related to isocyanate-terminated prepolymers made from polyols having a high molecular weight and the preparation of flexible polyurethane foams using such prepolymers (col. 1, line 6-9).
Further, Feng fails to explicitly teach the chemical mechanical polishing pad comprising:
a single layer of closed cell micropores; and
wherein the multilayer of closed cell, open cell or a mixture of closed and open cell micropores are gas filled.
Feng does teach that “independent”, or closed cell, pores provide greater hardness and higher removal rate (col. 4, line 29-42).
Vacassy teaches a chemical mechanical polishing pad (element 100, fig. 1) comprising:
a porous polymer network (element 122, 124, 126, 128, fig. 1; 100B, fig. 3), the porous polymer network containing:
i) a single layer of closed cell micropores (element 126, 128, fig. 1; para. [0041]) adjacent the nonporous microlayer (element 110, fig. 1; para. [0040]) for transitioning compressive forces from the bottom surface of the polishing pad to the porous subpad (para. [0041]; closed cell pores (element 126, 128) define “transition zones”);
ii) a multilayer of closed cell, open cell or a mixture of closed and open cell micropores (element 122, 124, fig. 1) adjacent the single layer of closed cell micropores (para. [0041]; porous region (element 122, 124) further comprises transition zones (element 126, 128), which are in further contact with non-porous core (element 110)) wherein the multilayer of closed cell, open cell or a mixture of closed and open cell micropores are gas filled (para. [0031, 32]; note, inert gas introduced into polymer during curing and nucleation sites grow to form bubbles within) and the multilayer of closed cell, open cell or a mixture of closed and open cell micropores remains gas filled during an entire polishing life of the polishing pad (para. [0031, 32]; note, inert gas diffuses out of polishing pad and is replaced by air, bubbles remain filled with air).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the polishing pad of Feng to incorporate the teachings of Vacassy to provide the disclosed polishing pad with closed cells and gas filled pores. One of ordinary skill in the art would understand the benefit of different pad designs and having pads with greater or lesser removal rates and the correspondence of closed cell pores to a stiffer subpad. Further, one of ordinary skill in the art would understand that having the multilayer of the subpad remain gas filled would provide greater structural integrity of the subpad during use.
Regarding claim 3, Feng modified teaches the limitations of claim 1 and further teaches:
wherein the multilayer includes the mixture of closed cell and open cell micropores and the closed cells are spherical and the open cell micropores (see 112(b) interpretation) include ovoid-shaped micropores.
Feng teaches closed (independent) and open (continuous) pores and that the open pores refer to at least two closed pores connecting to each other to form a pore system. Further, Feng teaches that the closed pores have circular or ovoid shaped cross sections (col. 4, line 29-49).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided Feng modified with closed cells that are spherical and open cell pores that include ovoid-shaped micropores. One of ordinary skill in the art would appreciate that the suggested pore structure and geometry would provide the subpad with desirable porosity and compressibility.
Regarding claim 5, Feng modified teaches the limitations of claim 1 and further teaches:
wherein the polymeric matrix (see 112(b) interpretation) includes closed cell micropores, the closed cells are micropores and the bottom surface (see 112(b) interpretation) of the polishing pad includes opened micropores (see annotated fig. 2) and the nonporous microlayer is contiguous with the opened micropores to at least partially fill the opened micropores of the bottom surface of the polishing pad.
Feng teaches that “a large contacting area can enhance the engagement therebetween, preventing delamination of the elastic base layer from the polishing layer” (col. 6, line 34-41). Feng further teaches that the binding layer can be applied on a surface of the subpad or the polishing layer by coating, transferring, printing or scraping, but preferably by coating (col. 6, line 18-25).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide Feng modified with a nonporous microlayer which is continuous and at least partially fills the opened micropores of the bottom surface of the polishing pad. One of ordinary skill in the art would understand that a fluidic adhesive applied to adhere the subpad and the polishing pad would conform to the contact surfaces, thereby at least partially filling opened micropores.
Regarding claim 6, Feng teaches a chemical mechanical polishing pad comprising:
a polishing pad (element 2, fig. 2) having a polymeric matrix (element 21, 211, 212, fig. 2; col. 3, line 65 – col. 4, line 10; col. 4, line 19-28; elastomer of polishing pad optionally comprised of polyurethane), a polishing surface (col. 5, line 31-39), and a bottom surface (see annotated fig. 2 below), wherein the polishing surface is useful for polishing at least one of semiconductor, magnetic, and optical substrates (col. 1, line 20-26) (see 112(b) interpretation);a porous subpad (element 22, 221, 222, fig. 2; col. 5, line 42-44;) adhered to the bottom surface of the polishing pad (element 23, fig. 2; col. 7, line 1-2), the porous subpad including:
a nonporous microlayer (element 23, fig. 2; col. 7, line 9-14) for securing the polishing pad to the porous subpad (col. 7, line 1-2) and forming a micro-scale conformal coating on the bottom surface of the polishing pad (col. 7, line 7-12; note, fluidic or paste adhesive coating supporting film conforms to attaching surfaces of polishing pad and subpad) and the nonporous layer is contiguous with the bottom surface of the polishing pad (col. 6, line 34-41; “a large contacting area can enhance the engagement therebetween, preventing delamination of the elastic base layer from the polishing layer”);
a porous polymer network, the porous polymer network containing:
i) a single layer of open cell micropores (element 222, fig. 2; col. 6, line 10-17; “the second pores 222 are independent and the second pores are not continuous with each other”) adjacent the nonporous microlayer for transitioning compressive forces from the bottom surface of the polishing pad to the porous subpad (col. 6, line 30-34; “the elastic base layer can afford the pressure along a perpendicular direction from the polishing plate and the pressure plate”); and
ii) a multilayer of closed cell, open cell or a mixture of closed and open cell micropores (see annotated fig. 2) adjacent the single layer of open cell micropores and the porous subpad has a porosity greater than the porosity of the polishing pad (col. 5, line 58-64; note, total volume of pores in polishing pad is less than a total volume of pores in subpad).
Feng fails to explicitly disclose, the nonporous microlayer being flexible, however, as evident through the disclosure of Huygens, one of ordinary skill in the art would appreciate that the disclosed nonporous microlayer of Feng is flexible. Feng discloses a binding layer comprising a nonporous supporting film and an adhesive. Feng discloses this adhesive may comprise an elastomer with a high molecular weight as a part of a moisture-curing paste, including isocyanate-terminated prepolymers (col. 7, line 1-25). Huygens discloses inventions related to isocyanate-terminated prepolymers made from polyols having a high molecular weight and the preparation of flexible polyurethane foams using such prepolymers (col. 1, line 6-9).
Further, Feng fails to explicitly teach the chemical mechanical polishing pad comprising:
a single layer of closed cell micropores; and
wherein the multilayer of closed cell, open cell or a mixture of closed and open cell micropores are gas filled.
Feng does teach that “independent”, or closed cell, pores provide greater hardness and higher removal rate (col. 4, line 29-42).
Vacassy teaches a chemical mechanical polishing pad (element 100, fig. 1) comprising:
a porous polymer network (element 122, 124, 126, 128, fig. 1; 100B, fig. 3), the porous polymer network containing:
i) a single layer of closed cell micropores (element 126, 128, fig. 1; para. [0041]) adjacent the nonporous microlayer (element 110, fig. 1; para. [0040]) for transitioning compressive forces from the bottom surface of the polishing pad to the porous subpad (para. [0041]; closed cell pores (element 126, 128) define “transition zones”);
ii) a multilayer of closed cell, open cell or a mixture of closed and open cell micropores (element 122, 124, fig. 1) adjacent the single layer of closed cell micropores (para. [0041]; porous region (element 122, 124) further comprises transition zones (element 126, 128), which are in further contact with non-porous core (element 110)) wherein the multilayer of closed cell, open cell or a mixture of closed and open cell micropores are gas filled (para. [0031, 32]; note, inert gas introduced into polymer during curing and nucleation sites grow to form bubbles within) and the multilayer of closed cell, open cell or a mixture of closed and open cell micropores remains gas filled during an entire polishing life of the polishing pad (para. [0031, 32]; note, inert gas diffuses out of polishing pad and is replaced by air, bubbles remain filled with air).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the polishing pad of Feng to incorporate the teachings of Vacassy to provide the disclosed polishing pad with closed cells and gas filled pores. One of ordinary skill in the art would understand the benefit of different pad designs and having pads with greater or lesser removal rates and the correspondence of closed cell pores to a stiffer subpad. Further, one of ordinary skill in the art would understand that having the multilayer of the subpad remain gas filled would provide greater structural integrity of the subpad during use.
Regarding claim 8, Feng modified teaches the limitations of claim 6 and further teaches:
wherein the multilayer includes the mixture of closed cell and open cell micropores and the closed cells are spherical and the open cell micropores (see 112(b) interpretation) include ovoid-shaped micropores.
Feng teaches closed (independent) and open (continuous) pores and that the open pores refer to at least two closed pores connecting to each other to form a pore system. Further, Feng teaches that the closed pores have circular or ovoid shaped cross sections (col. 4, line 29-49).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided Feng modified with closed cells that are spherical and open cell pores that include ovoid-shaped micropores. One of ordinary skill in the art would appreciate that the suggested pore structure and geometry would provide the subpad with desirable porosity and compressibility.
Claims 2 & 7 are rejected under 35 U.S.C. 103 as being unpatentable over Feng, as modified by Vacassy and Huygens, as applied to claims 1 & 6, in further view of Swisher (US 20090047884 A1).
Regarding claim 2, Feng modified teaches the limitations of claim 1, but fails to explicitly disclose:
wherein the nonporous microlayer has an average thickness of less than fifty percent of an average diameter of the multilayer micropores within the polymer network.
Feng does disclose pore diameter of multilayer micropores as 2 to 250 micrometers (col. 4, line 43-49).
Swisher teaches a chemical mechanical polishing pad comprising a porous polishing surface (element 12, fig. 2), a porous subpad (element 16, fig. 2), and a non-porous microlayer (element 14, fig. 2) for securing the polishing pad to the porous subpad,
wherein the nonporous microlayer has an average thickness of less than fifty percent of an average diameter of the multilayer micropores within the polymer network (para. [0035]; “barrier layer typically will be 1 to 4 mils (about 25 to 100 micrometers) in thickness”).
Swisher teaches that the nonporous layer minimizes movement of the polishing fluid from the polishing pad to the subpad (para. [0034].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Feng modified to incorporate the teachings of Swisher to provide a specific nonporous microlayer thickness. One of ordinary skill in the art would appreciate that having a thin nonporous microlayer so as not to affect the compressibility characteristics of the pad. A relatively thick nonporous microlayer might be stiffer than desired.
Regarding claim 7, Feng modified teaches the limitations of claim 6, but fails to explicitly disclose:
wherein the nonporous microlayer has an average thickness of less than fifty percent of an average diameter of the multilayer micropores within the polymer network.
Feng does disclose pore diameter of multilayer micropores as 2 to 250 micrometers (col. 4, line 43-49).
Swisher teaches a chemical mechanical polishing pad comprising a porous polishing surface (element 12, fig. 2), a porous subpad (element 16, fig. 2), and a non-porous microlayer (element 14, fig. 2) for securing the polishing pad to the porous subpad,
wherein the nonporous microlayer has an average thickness of less than fifty percent of an average diameter of the multilayer micropores within the polymer network (para. [0035]; “barrier layer typically will be 1 to 4 mils (about 25 to 100 micrometers) in thickness”).
Swisher teaches that the nonporous layer minimizes movement of the polishing fluid from the polishing pad to the subpad (para. [0034].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Feng modified to incorporate the teachings of Swisher to provide a specific nonporous microlayer thickness. One of ordinary skill in the art would appreciate that having a thin nonporous microlayer so as not to affect the compressibility characteristics of the pad. A relatively thick nonporous microlayer might be stiffer than desired.
Claims 4, 9 & 10 are rejected under 35 U.S.C. 103 as being unpatentable over Feng, as modified by Vacassy and Huygens, as applied to claims 1 & 6, in further view of Chen.
Regarding claim 4, Feng modified teaches the limitations of claim 1, but fails to teach:
wherein the multilayer includes a series of macro features that extend into the subpad for adjusting polishing profile of the chemical mechanical polishing pad.
Chen teaches a chemical mechanical polishing pad comprising a porous polishing surface (element 36, fig. 7) and a porous subpad (element 36, fig. 7),
wherein the multilayer includes a series of macro features (element G, 36C, fig. 7) that extend into the subpad for adjusting polishing profile of the chemical mechanical polishing pad.
Chen teaches macro features effect the connection and interaction between the polishing pad and subpad. Further, Chen teaches that these features improve the removal rate uniformity across the entire wafer by reducing the stiffness of the polishing pad (col. 6, line 20-41)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Feng modified to incorporate the teachings of Chen to provide a polishing pad with macro features for adjusting the polishing profile. One of ordinary skill in the art would understand that the polishing profile could be adjusted to provide a more uniform removal rate, by incorporating macro features into the structure of the subpad, as taught by Chen.
Regarding claim 9, Feng modified teaches the limitations of claim 6, but fails to teach:
wherein the multilayer includes a series of macro features that extend into the subpad for adjusting polishing profile of the chemical mechanical polishing pad.
Chen teaches a chemical mechanical polishing pad comprising a porous polishing surface (element 36, fig. 7) and a porous subpad (element 36, fig. 7),
wherein the multilayer includes a series of macro features (element G, 36C, fig. 7) that extend into the subpad for adjusting polishing profile of the chemical mechanical polishing pad.
Chen teaches macro features effect the connection and interaction between the polishing pad and subpad. Further, Chen teaches that these features improve the removal rate uniformity across the entire wafer by reducing the stiffness of the polishing pad (col. 6, line 20-41)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Feng modified to incorporate the teachings of Chen to provide a polishing pad with macro features for adjusting the polishing profile. One of ordinary skill in the art would understand that the polishing profile could be adjusted to provide a more uniform removal rate, by incorporating macro features into the structure of the subpad, as taught by Chen.
Regarding claim 4, Feng modified teaches the limitations of claim 1, but fails to teach:
wherein the polishing layer has a bottom surface and the bottom surface includes annular grooves that extend into the polishing layer without piercing through the polishing surface of the polishing layer and the subpad fills the annular grooves.
Chen teaches a chemical mechanical polishing pad comprising a porous polishing surface (element 36, fig. 7) and a porous subpad (element 36, fig. 7), wherein the bottom surface (element 36B, fig. 7) of the polymeric matrix (col. 5, line 65 – col. 6, line 3; note, “high porosity polymer foam” would constitute polymeric matrix) includes annular grooves (element G, fig. 8C) that extend into the polishing layer (element P, 36C, fig. 7; note, 36C is the “islands” of P, “the multiple portions”, created by “annular grooves” G) without piercing through the polishing surface of the polishing layer and the subpad fills the annular grooves (element G, fig. 7).
Chen teaches multiple embodiments for different macro features, including that depicted in Fig. 8C, wherein the macro features comprise annular grooves in the polishing pad (element P, fig. 8C), which are filled by protrusions of the subpad (element G, fig. 7) (col. 8, line 7-31). Further, Chen teaches the benefit of annular grooves in providing an even radial distribution of the features.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Feng modified to further incorporate the teachings of Chen to provide annular grooves in the polishing. One of ordinary skill in the art would appreciate the prior teaching of Chen to reduce polishing pad stiffness by incorporating the macro features. One of ordinary skill in the art would further appreciate that the annular groove geometry suggested by Chen would provide an even distribution of these macro features across the polishing pad.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Prasad (US 20030220061 A1) teaches a method for constructing a polishing pad having micropores by combining a polymer resin with a supercritical gas to produce a single-phase solution.
Shih et al. (US 7101501 B2) teaches a single-layer polishing pad constructed by a method to control pore size and distribution in a porous polymer to control rigidity and compressibility.
Kim et al. (US 5899745 A) teaches a chemical mechanical polishing pad with a subpad having regions of different hardness and compressibility to form a desirable polishing profile for the wafer during processing.
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/KEEGAN T MARTIN/Patent Examiner, Art Unit 3723
/JASON KHALIL HAWKINS/Examiner, Art Unit 3723