Prosecution Insights
Last updated: April 19, 2026
Application No. 18/533,303

SUPPORT MEMBER FOR SUPPORTING A WAFER DURING A HEAT TREATMENT

Non-Final OA §102§103
Filed
Dec 08, 2023
Examiner
MACARTHUR, SYLVIA
Art Unit
1716
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Patek Philippe SA Geneve
OA Round
1 (Non-Final)
65%
Grant Probability
Favorable
1-2
OA Rounds
3y 9m
To Grant
91%
With Interview

Examiner Intelligence

Grants 65% — above average
65%
Career Allow Rate
617 granted / 948 resolved
At TC average
Strong +26% interview lift
Without
With
+25.9%
Interview Lift
resolved cases with interview
Typical timeline
3y 9m
Avg Prosecution
33 currently pending
Career history
981
Total Applications
across all art units

Statute-Specific Performance

§101
0.3%
-39.7% vs TC avg
§103
48.8%
+8.8% vs TC avg
§102
29.6%
-10.4% vs TC avg
§112
10.1%
-29.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 948 resolved cases

Office Action

§102 §103
DETAILED ACTION Notice of Pre-AIA or AIA Status The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Drawings The drawings are objected to under 37 CFR 1.83(a) because they fail to show wafer 8 in Fig. 13 ( the horizontal line sitting above the support plate 11 is shown but is not labeled) as described in the specification. Any structural detail that is essential for a proper understanding of the disclosed invention should be shown in the drawing. MPEP § 608.02(d). Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance. Claim Interpretation The following is a quotation of 35 U.S.C. 112(f): (f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof. The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph: An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof. This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: The term retaining element s as recited in claims 1-7 where retaining (serving to prevent the wafer from moving horizontally as recited in claim 1) is the functional language and elements is the generic placeholder. Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof. Retaining elements is illustrated in Fig. 12 and 13 of the present invention and is interpreted as pins or equivalent structures that protrude (as noted in the Figures) from the support plate that can prevent the wafer from moving horizontally see page 5 lines 11-19 of the original specification where it is recited that the retaining elements 13 cooperate with the peripheral edge of the wafer . In the case of the prior art and the claimed invention the term retaining is interpreted as holding or supporting. If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. Two different interpretations of the retaining elements are provided below . The prior art of Kim et al (US 8,398,812) illustrates pins 12a as retaining elements and the prior art of Fuse et al (US 2016/0351424) illustrates connecting portions 72 as retaining elements . Claim Rejections - 35 USC § 102 The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – (a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale , or otherwise available to the public before the effective filing date of the claimed invention. Claim 1 is rejected under 35 U.S.C. 102(a)(1) FILLIN "Insert either \“(a)(1)\” or \“(a)(2)\” or both. If paragraph (a)(2) of 35 U.S.C. 102 is applicable, use form paragraph 7.15.01.aia, 7.15.02.aia or 7.15.03.aia where applicable." \d "[ 2 ]" as being anticipated by Kim et al (US 8,398,812). The prior art of Kim et al teaches an apparatus and method for treating substrates. Regarding claim 1 . The prior art of Kim et al teaches a support member (support part 10) for supporting a wafer W , the support member comprising a support plate (plate 12) and spacers (support pins 12b) and retaining elements (chucking pins 12a) carried by the support plate, the spacers serving to maintain a gap between the support plate and the wafer, the retaining elements serving to prevent the wafer from moving horizontally . See Figs. 2, 6A-6D, 10, 12, 13A, and 13B and col. 2 lines 55-65 of Kim et al. Claim s 1-4 are rejected under 35 U.S.C. 102 (a)(1) FILLIN "Insert either \“(a)(1)\” or \“(a)(2)\” or both. If paragraph (a)(2) of 35 U.S.C. 102 is applicable, use form paragraph 7.15.01.aia, 7.15.02.aia or 7.15.03.aia where applicable." \d "[ 2 ]" as being anticipated by Fuse et al (US 2016/0351424) . The prior art of Fuse et al teaches a light irradiation type heat treatment apparatus. Regarding claim 1 . The prior art of Fuse et al teaches a support member (susceptor 74) for supporting a wafer W during a heat treatment of the wafer, the support member comprising a support plate (see [0039]) and spacers (bump pins 75) and retaining elements (connecting portions 72) carried by the support plate, the spacers serving to maintain a gap between the support plate and the wafer, the retaining elements serving to prevent the wafer from moving horizontally. See Figs. 3 and 4 below. Note in the prior art of Fuse et al element 7 is recited as a retaining portion as recited in [0028] as retaining the wafer W in a horizontal position. Regarding claim 2. See [0037] of Fuse et al where the support plate (susceptor 74) is made of quartz . Regarding claim 3. See [0037] of Fuse et al where the retaining elements (c onnecting portions 72 ) are made of quartz. See spacers ( bump pins 75 ) are made of quartz according to [0040] in Fuse et al . Regarding claim 4. See [0037] of Fuse et al where the retaining elements (connecting portions 72) is made of quartz. See spacers (bump pins 75) are made of quartz according to [0040] in Fuse et al. 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. Clai ms 2-4 a re rejected under 35 U.S.C. 103 as being unpatentable ove r Kim et al (US 8,398,812) in view of Fuse et al (US 2016/0351424) . The teachings of Kim et al were discussed above. The prior art of Kim et al fails to teach the material of construction of the support plate, retaining elements, and spacers. Specifically, Regarding claim 2. Kim et al fails to teach th e support member is made of silicon, quartz or silicon carbide. See [0037] of Fuse et al where the support plate (susceptor 74) is made of quartz. Specifically, Regarding claims 3 and 4 . Kim et al fails to teach the spacers and the retaining elements are made of quartz or silicon carbide. Recall the teaching s of Fuse et al above. See [0037] of Fuse et al where the connecting portions 72 (retaining elements) are made of quartz. See bump pins 75 (spacer) are made of quartz in [0040]. See also in [0040] where Fuse et al suggests using quartz to manufactur e the guide pins 76 and bump pins 75. The material of construction of the support plate, spacers, and retaining elements is a matter of design choice where one of ordinary skill before the effective filing date of the claimed invention would choose the material with optimal physical and chemical properties for the harsh processing environment. In the case of quartz it is known commonly used material in semiconductor manufacturing as it is chemically inert and physically durable. Thus, it would have been obvious for one of ordinary skill in art to modify the support plate, retaining elements, and spacers of Kim et al to construct them of quartz as suggested by the prior art of Fuse et al as it is widely known and commonly used material in semiconductor manufacturing as it is chemically inert and physically durable material. Clai m 5 is rejected under 35 U.S.C. 103 as being unpatentable ove r Kim et al (US 8,398,812) in view of McDiarmid et al (US 2004/0255442). The teachings of Kim et al were discussed above. The prior art of Kim et al fails to teach: The support member according to claim 1, wherein the spacers and the retaining elements are fixed to the support plate by bayonet-type connections. The prior art of McDiarmid et al teaches a method and apparatus for processing workpieces where a wafer support 34 with a disk 38 with a wafer holder stem 42 see [0027]. See Fig. 3 where stem 42 has a first bayonet section 43 and a second bayonet section 44 and configured to allow a bayonet type connection according to [0045]- [0047] and [0050]. The motivation to modify the wafer support of Kim et al with the suggestion of fixing the spacers and the retaining elements to the support plate by bayonet type connections as suggested by McDiarmid et al is that it is advantageous as it makes it easy and simple to modify the wafer support to accommodate maintenance. Thus, it would have been obvious for one of ordinary skill before the effective filing date to modify the wafer support of Kim et al with the suggestion of fixing the spacers and the retaining elements to the support plate by bayonet type connections. Clai ms 6 and 7 a re rejected under 35 U.S.C. 103 as being unpatentable ove r K im et al (US 8,398,812) in view of Fuse et al (US 2016/0351424) as applied in claims 2-4 and in further view of McDiarmid et al (US 2004/0255442). The combined teachings of Kim et al and Fuse et al were discussed above. The apparatus resulting from the combined teachings of Kim et al and Fuse et al fails to teach: Regarding claim 6. The support member according to claim 2, wherein the spacers and the retaining elements are fixed to the support plate by bayonet-type connections. Regarding claim 7. The support member according to claim 3, wherein the spacers and the retaining elements are fixed to the support plate by bayonet-type connections. The prior art of McDiarmid et al teaches a method and apparatus for processing workpieces where a wafer support 34 with a disk 38 with a wafer holder stem 42 see [0027]. See Fig. 3 where stem 42 has a first bayonet section 43 and a second bayonet section 44 and configured to allow a bayonet type connection according to [0045]- [0047] and [0050]. The motivation to modify the apparatus resulting from the combined teachings of Kim et al and Fuse et al with the suggestion of fixing the spacers and the retaining elements to the support plate by bayonet type connections as suggested by McDiarmid et al is that it is advantageous as it makes it easy and simple to modify the wafer support to accommodate maintenance. Thus, it would have been obvious for one of ordinary skill before the effective filing date to modify the wafer support resulting from the combined teachings of Kim et al and Fuse et al with the suggestion of fixing the spacers and the retaining elements to the support plate by bayonet type connections. Clai ms 5-7 are rejected under 35 U.S.C. 103 as being unpatentable ove r Fuse et al (US 2016/0351424) in view of McDiarmid et al (US 2004/0255442). The teachings of Fuse et al were discussed above. The prior art of Fuse et al fails to teach: Regarding claim 5. The support member according to claim 1, wherein the spacers and the retaining elements are fixed to the support plate by bayonet-type connections. Regarding claim 6. The support member according to claim 2, wherein the spacers and the retaining elements are fixed to the support plate by bayonet-type connections. Regarding claim 7. The support member according to claim 3, wherein the spacers and the retaining elements are fixed to the support plate by bayonet-type connections. The prior art of McDiarmid et al teaches a method and apparatus for processing workpieces where a wafer support 34 with a disk 38 with a wafer holder stem 42 see [0027]. See Fig. 3 where stem 42 has a first bayonet section 43 and a second bayonet section 44 and configured to allow a bayonet type connection according to [0045]- [0047] and [0050]. The motivation to modify the wafer support of Fuse et al with the suggestion of fixing the spacers and the retaining elements to the support plate by bayonet type connections as suggested by McDiarmid et al is that it is advantageous as it makes it easy and simple to modify the wafer support to accommodate maintenance. Thus, it would have been obvious for one of ordinary skill before the effective filing date to modify the wafer support of Fuse et al with the suggestion of fixing the spacers and the retaining elements to the support plate by bayonet type connections. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Hu et al US 6,733,616 See Figs. 6, 10-13, and 15 with retaining elements 56, spacers 54, and plate 52. Fondurulia et al US 2006/0156981 a wafer support pin assembly with a wafer support pin assembly where each pin has an upper and lower pin locking together in a quick release mechanism in the form of a bayonet mount see abstract. Any inquiry concerning this communication or earlier communications from the examiner should be directed to FILLIN "Examiner name" \* MERGEFORMAT SYLVIA MACARTHUR whose telephone number is FILLIN "Phone number" \* MERGEFORMAT (571)272-1438 . The examiner can normally be reached FILLIN "Work Schedule?" \* MERGEFORMAT M-F 8:30-5 pm . Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, FILLIN "SPE Name?" \* MERGEFORMAT Parviz Hassanzadeh can be reached at FILLIN "SPE Phone?" \* MERGEFORMAT 571-272-1435 . 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. /SYLVIA MACARTHUR/ Primary Examiner, Art Unit 1716
Read full office action

Prosecution Timeline

Dec 08, 2023
Application Filed
Mar 17, 2026
Non-Final Rejection — §102, §103 (current)

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

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Prosecution Projections

1-2
Expected OA Rounds
65%
Grant Probability
91%
With Interview (+25.9%)
3y 9m
Median Time to Grant
Low
PTA Risk
Based on 948 resolved cases by this examiner. Grant probability derived from career allow rate.

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