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 .
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 1-15, 18-22 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-10 of U.S. Patent No. 11,257,699. Although the claims at issue are not identical, they are not patentably distinct from each other because the claim(s) are generally broader than the claims in the parent application. Broader claims in a later application constitute obvious double patenting of narrow claims in an issued patent. See In re Van Ornum and Stang, 214, USPQ 761, 766, and 767 (CCPA) (The court sustained an obvious double patenting rejection of generic claims in a continuation application over narrower species claims in an issued patent) ; In re Vogel, 164 USPQ 619, 622, and 623 (CCPA 1970) (Generic application claims specifying “meat” is obvious double patenting of narrow patent claims specifying “pork”).
Claims 1-15, 18-22 rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1-22 of U.S. Patent No. 11,869,785. Although the claims at issue are not identical, they are not patentably distinct from each other because the claim(s) are generally broader than the claims in the parent application. Broader claims in a later application constitute obvious double patenting of narrow claims in an issued patent. See In re Van Ornum and Stang, 214, USPQ 761, 766, and 767 (CCPA) (The court sustained an obvious double patenting rejection of generic claims in a continuation application over narrower species claims in an issued patent) ; In re Vogel, 164 USPQ 619, 622, and 623 (CCPA 1970) (Generic application claims specifying “meat” is obvious double patenting of narrow patent claims specifying “pork”).
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.
Claim 1-15, 18-22 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.
Referring to claims 1, 11, 20, the claims are unclear because the state detected is both at a transferable position and also incapable of being transferred.
Referring to claims 1, 11, 20, the claims are unclear because the state detected is both a jump-out state which requires the substrate to be present and also an absence state which requires the substrate to be absent.
Referring to claims 1, 11, 20, the indefinite claim language is “a transferable position whereat the substrate is transferable to/from the substrate retainer”. This limitation is unclear because this limitation merely states a function (a transferable position whereat the substrate is transferable to/from the substrate retainer) without providing any indication about how the function is performed or how a capability of a position of a substrate limits the scope of a detecting step or controller structure. The recited function does not follow from the structure/steps recited in the claim, i.e., the detecting or controller configured to perform detecting, so it is unclear how this limits the scope of the detecting step or the controller structure and it is unclear whether the function requires some other step or structure or is simply a result of operating the method/apparatus in a certain manner.
Referring to claims 1, 11, 20, the indefinite claim language is “wherein the substrate placed on the substrate retainer is incapable of being transferred from the substrate retainer in the state where the substrate retainer is rotated by the first angle”. This limitation is unclear because this limitation merely states a function (the substrate placed on the substrate retainer is incapable of being transferred from the substrate retainer in the state where the substrate retainer is rotated by the first angle) without providing any indication about how the function is performed. The recited function does not follow from the structure/steps recited in the claim, i.e., the detecting or controller configured to perform detecting, so it is unclear how this limits the scope of the detecting step or the controller structure and it is unclear whether the function requires some other step or structure or is simply a result of operating the method/apparatus in a certain manner.
Claim 1-15, 18-22 are rejected as failing to define the invention in the manner required by 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph. The claim(s) are narrative in form and replete with indefinite language. The structure which goes to make up the device must be clearly and positively specified. The structure must be organized and correlated in such a manner as to present a complete operative device. The claim(s) must be in one sentence form only. Note the format of the claims in the patent(s) cited.
Due to the number of 35 USC § 112 rejections, the examiner has provided a number of examples of the claim deficiencies in the above rejections, however, the list of rejections may not be all inclusive. Applicant should refer to these rejections as examples of deficiencies and should make all the necessary corrections to eliminate the 35 USC § 112 problems and place the claims in proper format. Due to the vagueness and a lack of clear definition of the terminology and phrases used in the specification and claims, the claims have been treated on their merits as best understood by the examiner.
Claim Rejections - 35 USC § 102
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1-15, 18-22 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Pub. No. 2006/0183070 to Hirano, supplied by applicant.
Claim scope is not limited by claim language that suggests or makes optional but does not require steps to be performed (MPEP 2111.04). The claimed condition of “transferable…”, “when…”, “incapable…”, “capable…” is made optional by the terminology used in the claim because the claim does not require the limitation to occur.
1, 11, 20. A substrate processing method and apparatus comprising:
a rotating mechanism configured to rotate a substrate retainer capable of accommodating a substrate thereon (either of Figs. 2-3, paragraph 37, transfer unit that rotates, see 34 has turned from Fig. 2 to Fig. 3; or Fig. 3, paragraph 39, 56, transfer unit with arms that can be turned/rotated);
a substrate detection part configured to detect a state of the substrate placed on the substrate retainer (paragraph 39-58);
a controller configured to be capable of controlling the rotating mechanism and the substrate detection part to perform (paragraph 40):
(b1) processing the substrate placed on the substrate retainer (Figs. 2-4, paragraphs 19-58); and
(b2) detecting, at a transferable position whereat the substrate is transferable to/from the substrate retainer, the state of the substrate placed on the substrate retainer, wherein the state of the substrate comprises presence or absence of the substrate and jump-out of the substrate; and (b-2) detecting the state of the substrate placed on the substrate retainer in a state where the substrate retainer is rotated by a first angle with respect to the transferable position, wherein the substrate placed on the substrate retainer is incapable of being transferred from the substrate retainer in the state where the substrate retainer is rotated by the first angle (Applicant argues Hirano fails to teach (b2). The examiner disagrees. Hirano teaches detecting, by photosensors configured to detect a presence or absence of the substrate a transferable position whereat the substrate is transferable to/from the substrate retainer (Abstract, paragraph 39-57), output of the photo- sensors 64 a, 64 b while the substrate transfer unit 34 is moved from a lower end to an upper end of the substrate holder 26 (paragraph 39-58), after transfer unit rotates or transfer unit with arms rotates (either of Figs. 2-3, paragraph 37, transfer unit that rotates, see 34 has turned from Fig. 2 to Fig. 3; or Fig. 3, paragraph 39, 56, transfer unit with arms that can be turned/rotated), reads on detecting the state of the substrate placed on the substrate retainer in a state where the substrate retainer is rotated by a first angle with respect to the transferable position. Additionally, claim scope is not limited by claim language that suggests or makes optional but does not require steps to be performed (MPEP 2111.04). The claimed condition of “transferable position”, “capable of …”, “when…” and any limitation depending thereon, is made optional by the terminology used in the claim because the claim does not require the condition or action to occur. Therefore, the limitations which are only conditionally required based on the claimed condition occurring are not required by the claim. Therefore the claim fails to patentably distinguish over the teachings of the reference.).
2. The method of claim 1, further comprising:
(c) loading the substrate retainer, where the substrate is placed, into a reaction chamber; and (d) unloading the substrate retainer out of the reaction chamber after the substrate is processed (Figs. 1-4, paragraphs 28-38).
3. The method of claim 1, wherein (b-1) is performed before (a) is performed (paragraph 39, “When a holding condition of the substrates 12 transferred into the substrate holder 26 is sensed, the arms 62 a, 62 b are turned and fixed to a side of the substrate holder 26 so that light axes of the photo- sensors 64 a, 64 b run through the substrates 12, and then sensing output of the photo- sensors 64 a, 64 b is monitored while the substrate transfer unit 34 is moved from a lower end to an upper end of the substrate holder 26. On the other hand, when the substrates 12 are transferred into the substrate holder 26 by the substrate transfer unit 34, the arms 62 a, 62 b are turned to a side opposite to the substrate holder side to prevent the arms 62 a, 62 b from being interfered with the substrates 12 or the substrate holder 26.”; paragraph 33, “a substrate 12 is removed from the pod 14 in a condition of being communicated with the atmosphere within the N2 purge chamber 24 by the substrate transfer unit 34. The removed substrate 12 is aligned by the substrate alignment device 32 such that the notch or the orientation flat is fixed in an optional position, and after that carried onto the substrate holder 26”; paragraph 35, “After loading, predetermined treatment is performed to the substrates 12 in the treatment furnace 36, and after the treatment, the substrates 12 and the pod 14 are ejected to the outside of the housing 16 in the reverse order of the above procedure”; paragraph 58, “In next step S14, whether before or after heat treatment is determined. When determination is made as before heat treatment, the operation is advanced to step 16 to determine whether an abnormal slot is found or not, and when it is determined that the abnormal slot is not found, the operation is advanced to step S18 in which the substrate supporter 26 is carried into the treatment furnace 36, and then heat treatment is carried out. On the other hand, when determination is made as after heat treatment in the step S14, or when it is determined in the step S16 that the abnormal slot is found, the operation is advanced to step S20 in which collection of the substrates 12 is started. As described before, the collection of the substrates 12 is performed for each of slot groups, and it is begun at a first slot group and ended at a fifth slot group that is a final slot group. In next step S22, whether all the five substrates in the slot group to be collected are transferred in the normal condition (not found in the abnormal slot list) is determined. When all the five substrates are determined to be in the normal condition in the step S22, the operation is advanced to step S24 in which all the five substrates are collected together. On the other hand, when it is determined that there is a substrate in the abnormal condition in the five substrates 12 in an objective slot group (found in the abnormal slot list) in the step S22, the operation is advanced to step S26 in which only the substrates in the normal condition are collected in a manner of sheet transfer. When collection is not completed for all the slot groups in the step S28, the operation is returned to processing for a next slot group, and when collection is completed for all the slot groups, the operation is finished”).
4. The method of claim 2, wherein (b1) is performed before (c) is performed and after (d) is performed (paragraph 39, “When a holding condition of the substrates 12 transferred into the substrate holder 26 is sensed, the arms 62 a, 62 b are turned and fixed to a side of the substrate holder 26 so that light axes of the photo- sensors 64 a, 64 b run through the substrates 12, and then sensing output of the photo- sensors 64 a, 64 b is monitored while the substrate transfer unit 34 is moved from a lower end to an upper end of the substrate holder 26. On the other hand, when the substrates 12 are transferred into the substrate holder 26 by the substrate transfer unit 34, the arms 62 a, 62 b are turned to a side opposite to the substrate holder side to prevent the arms 62 a, 62 b from being interfered with the substrates 12 or the substrate holder 26.”; paragraph 33, “a substrate 12 is removed from the pod 14 in a condition of being communicated with the atmosphere within the N2 purge chamber 24 by the substrate transfer unit 34. The removed substrate 12 is aligned by the substrate alignment device 32 such that the notch or the orientation flat is fixed in an optional position, and after that carried onto the substrate holder 26”; paragraph 35, “After loading, predetermined treatment is performed to the substrates 12 in the treatment furnace 36, and after the treatment, the substrates 12 and the pod 14 are ejected to the outside of the housing 16 in the reverse order of the above procedure”; paragraph 58, “In next step S14, whether before or after heat treatment is determined. When determination is made as before heat treatment, the operation is advanced to step 16 to determine whether an abnormal slot is found or not, and when it is determined that the abnormal slot is not found, the operation is advanced to step S18 in which the substrate supporter 26 is carried into the treatment furnace 36, and then heat treatment is carried out. On the other hand, when determination is made as after heat treatment in the step S14, or when it is determined in the step S16 that the abnormal slot is found, the operation is advanced to step S20 in which collection of the substrates 12 is started. As described before, the collection of the substrates 12 is performed for each of slot groups, and it is begun at a first slot group and ended at a fifth slot group that is a final slot group. In next step S22, whether all the five substrates in the slot group to be collected are transferred in the normal condition (not found in the abnormal slot list) is determined. When all the five substrates are determined to be in the normal condition in the step S22, the operation is advanced to step S24 in which all the five substrates are collected together. On the other hand, when it is determined that there is a substrate in the abnormal condition in the five substrates 12 in an objective slot group (found in the abnormal slot list) in the step S22, the operation is advanced to step S26 in which only the substrates in the normal condition are collected in a manner of sheet transfer. When collection is not completed for all the slot groups in the step S28, the operation is returned to processing for a next slot group, and when collection is completed for all the slot groups, the operation is finished”).
5. The method of claim 1, further comprising: (c) detecting a crack of the substrate placed on the substrate retainer wherein (c) is performed while (b-1) is being performed (Fig. 6-7, paragraphs 41-54).
6. The method of claim 1, further comprising: (c) cooling a transfer chamber where the substrate retainer and the substrate placed on the substrate retainer are disposed, wherein the substrate retainer is rotated by the first angle in (b1) after (c) is performed (paragraph 4, “When the substrates are heated in the treatment furnace, or removed from the treatment furnace and then cooled,”; paragraph 39, “When a holding condition of the substrates 12 transferred into the substrate holder 26 is sensed, the arms 62 a, 62 b are turned and fixed to a side of the substrate holder 26 so that light axes of the photo- sensors 64 a, 64 b run through the substrates 12, and then sensing output of the photo- sensors 64 a, 64 b is monitored while the substrate transfer unit 34 is moved from a lower end to an upper end of the substrate holder 26. On the other hand, when the substrates 12 are transferred into the substrate holder 26 by the substrate transfer unit 34, the arms 62 a, 62 b are turned to a side opposite to the substrate holder side to prevent the arms 62 a, 62 b from being interfered with the substrates 12 or the substrate holder 26.”; paragraph 33, “a substrate 12 is removed from the pod 14 in a condition of being communicated with the atmosphere within the N2 purge chamber 24 by the substrate transfer unit 34. The removed substrate 12 is aligned by the substrate alignment device 32 such that the notch or the orientation flat is fixed in an optional position, and after that carried onto the substrate holder 26”; paragraph 35, “After loading, predetermined treatment is performed to the substrates 12 in the treatment furnace 36, and after the treatment, the substrates 12 and the pod 14 are ejected to the outside of the housing 16 in the reverse order of the above procedure”; paragraph 58, “In next step S14, whether before or after heat treatment is determined. When determination is made as before heat treatment, the operation is advanced to step 16 to determine whether an abnormal slot is found or not, and when it is determined that the abnormal slot is not found, the operation is advanced to step S18 in which the substrate supporter 26 is carried into the treatment furnace 36, and then heat treatment is carried out. On the other hand, when determination is made as after heat treatment in the step S14, or when it is determined in the step S16 that the abnormal slot is found, the operation is advanced to step S20 in which collection of the substrates 12 is started. As described before, the collection of the substrates 12 is performed for each of slot groups, and it is begun at a first slot group and ended at a fifth slot group that is a final slot group. In next step S22, whether all the five substrates in the slot group to be collected are transferred in the normal condition (not found in the abnormal slot list) is determined. When all the five substrates are determined to be in the normal condition in the step S22, the operation is advanced to step S24 in which all the five substrates are collected together. On the other hand, when it is determined that there is a substrate in the abnormal condition in the five substrates 12 in an objective slot group (found in the abnormal slot list) in the step S22, the operation is advanced to step S26 in which only the substrates in the normal condition are collected in a manner of sheet transfer. When collection is not completed for all the slot groups in the step S28, the operation is returned to processing for a next slot group, and when collection is completed for all the slot groups, the operation is finished”).
7. The method of claim 1, further comprising: (c) transferring the substrate to the substrate retainer, wherein the substrate retainer is rotated by the first angle in (b1) after (c) is performed and before (a) is performed (paragraph 39, “When a holding condition of the substrates 12 transferred into the substrate holder 26 is sensed, the arms 62 a, 62 b are turned and fixed to a side of the substrate holder 26 so that light axes of the photo- sensors 64 a, 64 b run through the substrates 12, and then sensing output of the photo- sensors 64 a, 64 b is monitored while the substrate transfer unit 34 is moved from a lower end to an upper end of the substrate holder 26. On the other hand, when the substrates 12 are transferred into the substrate holder 26 by the substrate transfer unit 34, the arms 62 a, 62 b are turned to a side opposite to the substrate holder side to prevent the arms 62 a, 62 b from being interfered with the substrates 12 or the substrate holder 26.”; paragraph 33, “a substrate 12 is removed from the pod 14 in a condition of being communicated with the atmosphere within the N2 purge chamber 24 by the substrate transfer unit 34. The removed substrate 12 is aligned by the substrate alignment device 32 such that the notch or the orientation flat is fixed in an optional position, and after that carried onto the substrate holder 26”; paragraph 35, “After loading, predetermined treatment is performed to the substrates 12 in the treatment furnace 36, and after the treatment, the substrates 12 and the pod 14 are ejected to the outside of the housing 16 in the reverse order of the above procedure”; paragraph 58, “In next step S14, whether before or after heat treatment is determined. When determination is made as before heat treatment, the operation is advanced to step 16 to determine whether an abnormal slot is found or not, and when it is determined that the abnormal slot is not found, the operation is advanced to step S18 in which the substrate supporter 26 is carried into the treatment furnace 36, and then heat treatment is carried out. On the other hand, when determination is made as after heat treatment in the step S14, or when it is determined in the step S16 that the abnormal slot is found, the operation is advanced to step S20 in which collection of the substrates 12 is started. As described before, the collection of the substrates 12 is performed for each of slot groups, and it is begun at a first slot group and ended at a fifth slot group that is a final slot group. In next step S22, whether all the five substrates in the slot group to be collected are transferred in the normal condition (not found in the abnormal slot list) is determined. When all the five substrates are determined to be in the normal condition in the step S22, the operation is advanced to step S24 in which all the five substrates are collected together. On the other hand, when it is determined that there is a substrate in the abnormal condition in the five substrates 12 in an objective slot group (found in the abnormal slot list) in the step S22, the operation is advanced to step S26 in which only the substrates in the normal condition are collected in a manner of sheet transfer. When collection is not completed for all the slot groups in the step S28, the operation is returned to processing for a next slot group, and when collection is completed for all the slot groups, the operation is finished”).
8. The method of claim 1, further comprising: (c) placing the substrate onto a substrate holder and transferring the substrate to the substrate retainer by the substrate holder, wherein, when an abnormality of the substrate holder is detected before (c) is performed, (c) is suspended until the abnormality of the substrate holder is resolved (paragraph 39, “When a holding condition of the substrates 12 transferred into the substrate holder 26 is sensed, the arms 62 a, 62 b are turned and fixed to a side of the substrate holder 26 so that light axes of the photo- sensors 64 a, 64 b run through the substrates 12, and then sensing output of the photo- sensors 64 a, 64 b is monitored while the substrate transfer unit 34 is moved from a lower end to an upper end of the substrate holder 26. On the other hand, when the substrates 12 are transferred into the substrate holder 26 by the substrate transfer unit 34, the arms 62 a, 62 b are turned to a side opposite to the substrate holder side to prevent the arms 62 a, 62 b from being interfered with the substrates 12 or the substrate holder 26.”; paragraph 33, “a substrate 12 is removed from the pod 14 in a condition of being communicated with the atmosphere within the N2 purge chamber 24 by the substrate transfer unit 34. The removed substrate 12 is aligned by the substrate alignment device 32 such that the notch or the orientation flat is fixed in an optional position, and after that carried onto the substrate holder 26”; paragraph 35, “After loading, predetermined treatment is performed to the substrates 12 in the treatment furnace 36, and after the treatment, the substrates 12 and the pod 14 are ejected to the outside of the housing 16 in the reverse order of the above procedure”; paragraph 58, “In next step S14, whether before or after heat treatment is determined. When determination is made as before heat treatment, the operation is advanced to step 16 to determine whether an abnormal slot is found or not, and when it is determined that the abnormal slot is not found, the operation is advanced to step S18 in which the substrate supporter 26 is carried into the treatment furnace 36, and then heat treatment is carried out. On the other hand, when determination is made as after heat treatment in the step S14, or when it is determined in the step S16 that the abnormal slot is found, the operation is advanced to step S20 in which collection of the substrates 12 is started. As described before, the collection of the substrates 12 is performed for each of slot groups, and it is begun at a first slot group and ended at a fifth slot group that is a final slot group. In next step S22, whether all the five substrates in the slot group to be collected are transferred in the normal condition (not found in the abnormal slot list) is determined. When all the five substrates are determined to be in the normal condition in the step S22, the operation is advanced to step S24 in which all the five substrates are collected together. On the other hand, when it is determined that there is a substrate in the abnormal condition in the five substrates 12 in an objective slot group (found in the abnormal slot list) in the step S22, the operation is advanced to step S26 in which only the substrates in the normal condition are collected in a manner of sheet transfer. When collection is not completed for all the slot groups in the step S28, the operation is returned to processing for a next slot group, and when collection is completed for all the slot groups, the operation is finished”).
9. The method of claim 1, wherein the substrate retainer comprises a plurality of support columns configured to support the substrate (paragraph 37-38), and a state of the substrate comprises a state where the substrate has been shifted by a predetermined angle from a support column that is positioned at a center among the plurality of support columns (Fig. 6-7, paragraphs 41-54).
10. The method of claim 1, wherein the substrate retainer comprises a plurality of support columns configured to support the substrate (paragraph 37-38), and a state of the substrate comprises a state where a three-point support by which the substrate is supported by the substrate retainer has been changed to a two-point support (Fig. 6-7, paragraphs 41-54).
12. The substrate processing apparatus of claim 11, further comprising: a substrate holder provided with a transport mechanism and configured to support the substrate; and a wafer transport mechanism configured to transfer the substrate holder and the substrate, wherein the wafer transport mechanism comprises the substrate detection part (Figs. 3-4, paragraph 37-39).
13. The substrate processing apparatus of claim 11, wherein the substrate detection part further comprises a pair of sensors, and wherein the substrate detection part is further configured to detect a transfer state of the substrate by the pair of sensors based on a light shielding (Figs. 3-4, 6, 7, paragraph 37-54).
14. The substrate processing apparatus of claim 11, wherein the substrate detection part further comprises at least one sensor configured to detect jump-out of the substrate (Figs. 3-4, 6, 7, paragraph 37-54).
15. The substrate processing apparatus of claim 11, wherein the substrate detection part is further configured to detect that the state of the substrate further comprises: a wafer crack, and a slot difference (Fig. 6-7, paragraphs 41-54).
18. The substrate processing apparatus of claim 11, wherein the controller is further configured to be capable of controlling the rotating mechanism and the substrate detection part to perform: detecting a crack of the substrate placed on the substrate retainer (Figs. 3-4, 6, 7, paragraph 37-54) after the substrate retainer is further rotated by a second angle (either of Figs. 2-3, paragraph 37, transfer unit that rotates, see 34 has turned from Fig. 2 to Fig. 3; or Fig. 3, paragraph 39, 56, transfer unit with arms that can be turned/rotated; paragraph 35, “After loading, predetermined treatment is performed to the substrates 12 in the treatment furnace 36, and after the treatment, the substrates 12 and the pod 14 are ejected to the outside of the housing 16 in the reverse order of the above procedure”).
19. The substrate processing apparatus of claim 11, wherein the controller is further configured to be capable of controlling the rotating mechanism and the substrate detection part to perform: detecting a crack of the substrate placed on the substrate retainer (Figs. 3-4, 6, 7, paragraph 37-54) after the substrate retainer is further rotated reversely by the first angle (either of Figs. 2-3, paragraph 37, transfer unit that rotates, see 34 has turned from Fig. 2 to Fig. 3; or Fig. 3, paragraph 39, 56, transfer unit with arms that can be turned/rotated; paragraph 35, “After loading, predetermined treatment is performed to the substrates 12 in the treatment furnace 36, and after the treatment, the substrates 12 and the pod 14 are ejected to the outside of the housing 16 in the reverse order of the above procedure”).
16. The substrate processing apparatus of claim 11, further comprising: a substrate holder provided with a transport mechanism and configured to support the substrate; and a plurality of support columns provided in the substrate holder, wherein the sensor is provided in the substrate detection part so as not to collide with the plurality of support columns (Figs. 3-4, paragraph 37-39, “prevent the arms 62 a, 62 b from being interfered with the substrates 12 or the substrate holder 26”).
17. The substrate processing apparatus of claim 16, further comprising: a wafer transport mechanism located at a center between the plurality of support columns (Figs. 3-4, paragraph 37-39).
21. (New) The method of claim 1, wherein (b-2) is performed before (b-1) (paragraph 39, “When a holding condition of the substrates 12 transferred into the substrate holder 26 is sensed, the arms 62 a, 62 b are turned and fixed to a side of the substrate holder 26 so that light axes of the photo- sensors 64 a, 64 b run through the substrates 12, and then sensing output of the photo- sensors 64 a, 64 b is monitored while the substrate transfer unit 34 is moved from a lower end to an upper end of the substrate holder 26. On the other hand, when the substrates 12 are transferred into the substrate holder 26 by the substrate transfer unit 34, the arms 62 a, 62 b are turned to a side opposite to the substrate holder side to prevent the arms 62 a, 62 b from being interfered with the substrates 12 or the substrate holder 26.”; paragraph 33, “a substrate 12 is removed from the pod 14 in a condition of being communicated with the atmosphere within the N2 purge chamber 24 by the substrate transfer unit 34. The removed substrate 12 is aligned by the substrate alignment device 32 such that the notch or the orientation flat is fixed in an optional position, and after that carried onto the substrate holder 26”; paragraph 35, “After loading, predetermined treatment is performed to the substrates 12 in the treatment furnace 36, and after the treatment, the substrates 12 and the pod 14 are ejected to the outside of the housing 16 in the reverse order of the above procedure”; paragraph 58, “In next step S14, whether before or after heat treatment is determined. When determination is made as before heat treatment, the operation is advanced to step 16 to determine whether an abnormal slot is found or not, and when it is determined that the abnormal slot is not found, the operation is advanced to step S18 in which the substrate supporter 26 is carried into the treatment furnace 36, and then heat treatment is carried out. On the other hand, when determination is made as after heat treatment in the step S14, or when it is determined in the step S16 that the abnormal slot is found, the operation is advanced to step S20 in which collection of the substrates 12 is started. As described before, the collection of the substrates 12 is performed for each of slot groups, and it is begun at a first slot group and ended at a fifth slot group that is a final slot group. In next step S22, whether all the five substrates in the slot group to be collected are transferred in the normal condition (not found in the abnormal slot list) is determined. When all the five substrates are determined to be in the normal condition in the step S22, the operation is advanced to step S24 in which all the five substrates are collected together. On the other hand, when it is determined that there is a substrate in the abnormal condition in the five substrates 12 in an objective slot group (found in the abnormal slot list) in the step S22, the operation is advanced to step S26 in which only the substrates in the normal condition are collected in a manner of sheet transfer. When collection is not completed for all the slot groups in the step S28, the operation is returned to processing for a next slot group, and when collection is completed for all the slot groups, the operation is finished”).
22. (New) The method of claim 1, wherein a substrate detection part capable of detecting the state of the substrate is provided, and wherein, in (b-2), the substrate detection part detects a state where the substrate placed on the substrate retainer is being moved away from the substrate retainer (paragraph 39, “When a holding condition of the substrates 12 transferred into the substrate holder 26 is sensed, the arms 62 a, 62 b are turned and fixed to a side of the substrate holder 26 so that light axes of the photo- sensors 64 a, 64 b run through the substrates 12, and then sensing output of the photo- sensors 64 a, 64 b is monitored while the substrate transfer unit 34 is moved from a lower end to an upper end of the substrate holder 26. On the other hand, when the substrates 12 are transferred into the substrate holder 26 by the substrate transfer unit 34, the arms 62 a, 62 b are turned to a side opposite to the substrate holder side to prevent the arms 62 a, 62 b from being interfered with the substrates 12 or the substrate holder 26.”; paragraph 33, “a substrate 12 is removed from the pod 14 in a condition of being communicated with the atmosphere within the N2 purge chamber 24 by the substrate transfer unit 34. The removed substrate 12 is aligned by the substrate alignment device 32 such that the notch or the orientation flat is fixed in an optional position, and after that carried onto the substrate holder 26”; paragraph 35, “After loading, predetermined treatment is performed to the substrates 12 in the treatment furnace 36, and after the treatment, the substrates 12 and the pod 14 are ejected to the outside of the housing 16 in the reverse order of the above procedure”; paragraph 58, “In next step S14, whether before or after heat treatment is determined. When determination is made as before heat treatment, the operation is advanced to step 16 to determine whether an abnormal slot is found or not, and when it is determined that the abnormal slot is not found, the operation is advanced to step S18 in which the substrate supporter 26 is carried into the treatment furnace 36, and then heat treatment is carried out. On the other hand, when determination is made as after heat treatment in the step S14, or when it is determined in the step S16 that the abnormal slot is found, the operation is advanced to step S20 in which collection of the substrates 12 is started. As described before, the collection of the substrates 12 is performed for each of slot groups, and it is begun at a first slot group and ended at a fifth slot group that is a final slot group. In next step S22, whether all the five substrates in the slot group to be collected are transferred in the normal condition (not found in the abnormal slot list) is determined. When all the five substrates are determined to be in the normal condition in the step S22, the operation is advanced to step S24 in which all the five substrates are collected together. On the other hand, when it is determined that there is a substrate in the abnormal condition in the five substrates 12 in an objective slot group (found in the abnormal slot list) in the step S22, the operation is advanced to step S26 in which only the substrates in the normal condition are collected in a manner of sheet transfer. When collection is not completed for all the slot groups in the step S28, the operation is returned to processing for a next slot group, and when collection is completed for all the slot groups, the operation is finished”).
Response to Arguments
Applicant's arguments filed 12/22/25 have been fully considered but they are not persuasive.
Applicant argues Hirano fails to teach (b2). The examiner disagrees. Hirano teaches detecting, by photosensors configured to detect a presence or absence of the substrate a transferable position whereat the substrate is transferable to/from the substrate retainer (Abstract, paragraph 39-57), output of the photo- sensors 64 a, 64 b while the substrate transfer unit 34 is moved from a lower end to an upper end of the substrate holder 26 (paragraph 39-58), after transfer unit rotates or transfer unit with arms rotates (either of Figs. 2-3, paragraph 37, transfer unit that rotates, see 34 has turned from Fig. 2 to Fig. 3; or Fig. 3, paragraph 39, 56, transfer unit with arms that can be turned/rotated), reads on detecting the state of the substrate placed on the substrate retainer in a state where the substrate retainer is rotated by a first angle with respect to the transferable position. Additionally, claim scope is not limited by claim language that suggests or makes optional but does not require steps to be performed (MPEP 2111.04). The claimed condition of “transferable position”, “capable of …”, “when…” and any limitation depending thereon, is made optional by the terminology used in the claim because the claim does not require the condition or action to occur. Therefore, the limitations which are only conditionally required based on the claimed condition occurring are not required by the claim. Therefore the claim fails to patentably distinguish over the teachings of the reference.
Conclusion
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/Sean Shechtman/ Primary Examiner, Art Unit 2896