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 .
Election/Restrictions
Applicant’s election without traverse of Group II (Claims 7-12) in the reply filed on 05/28/2026 is acknowledged. Added claims 13-15 will also be examined with claims 7-12.
Claims 1-6 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 05/28/2026.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 12/15/2023 has been considered by the examiner.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 7-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Inoue et al. (US 7060618), hereinafter ‘Inoue’ in view of Krause (US 5361017).
Inoue discloses:
7. (Original) A polishing apparatus, comprising:
a polishing table (422) configured to support a polishing pad (420);
a polishing head (424) configured to press a substrate (W) against the polishing pad;
and an optical film thickness measuring device (S) configured to measure a film thickness of the substrate by irradiating a light onto a surface of the substrate and receiving a light reflected from the substrate (Col. 26 lines 11-21 discloses "optical sensor irradiates a light onto a sample, and measures a film thickness directly based on information of reflected light. The optical sensor can measure a film thickness..."), wherein the optical film thickness measuring device comprises
a controller configured to measure the film thickness of the substrate based on a signal of the reflected light from the substrate (controller implicitly connected to sensor due to electronic functions), and
Inoue does not explicitly disclose:
wherein the controller is configured to:
monitor a light intensity of a light source of the optical film thickness measuring device; and adjust a voltage applied to the light source based on the monitored light intensity.
However, Krause discloses a device pertaining to light intensity and is therefore applicable to the device of Inoue and the present application. Krause discloses a controller configured to: monitoring a light intensity of a light source and adjusting a voltage applied to the monitor a light intensity of a light source; and adjust a voltage applied to the light source based on the monitored light intensity (Krause, abstract). Krause teaches that lamp panels tend of have their light intensity decrease over the life of the lamp when the voltage and frequency are held constant over that time, and that the loss in brightness often limits the useful life of the lamps and it is often necessary to required replacement of the lamps, which causes other problems such as having non uniform lighting when used in a light array (Krause Col. 1 lines 55-68 and Col. 2 lines 1-9). Krause teaches that the invention provides a controller for the voltage of the lamp to prolong the useful life of the lamp and maintains a uniform light intensity (Krause Col. 2 lines 34-45).
Since prolonged life of the lamps at a desired light intensity level is beneficial, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to have modified the device of Inoue to have used a controller that is configured to
monitor a light intensity of a light source; and adjust a voltage applied to the light source based on the monitored light intensity as taught by Krause. When implementing the teachings Krause into the device of Inoue, the only disclosed light source of Inoue would be the light source of the optical film thickness measuring device.
The combination of Inoue and Krause further renders obvious:
8. (Original) The polishing apparatus according to claim 7, wherein the controller is configured to: apply a first voltage to the light source when adjusting the voltage to check whether the light intensity of the light source reaches a predetermined intensity (Krause Col. 7, Col. 8; voltage associated with "first signal"); and
apply a second voltage to the light source to check whether the light intensity of the light source can be maintained, in a case in which the light intensity of the light source decreases during monitoring the light intensity of the light source (Krause Col. 7-8, voltage associated with "second signal").
9. (Original) The polishing apparatus according to claim 7, wherein the controller is configured to determine an abnormality of the light source, in a case in which a variation value of the light intensity of the light source becomes larger than a predetermined allowable value (Krause Col. 7 lines 15-46 discloses "eliminating distracting "bright spots", which means it has determined that the light source intensity has become larger than desired and thus automatically adjusts the voltage to maintain the desired light intensity; Col. 8 lines 29-38 discloses automatically decreasing the voltage when its light intensity exceeds a predetermined value).
10. (Original) The polishing apparatus according to claim 7, wherein the controller is configured to determine a time to replace the light source, in a case in which a variation value of the light intensity of the light source changes over time (Krause Col. 7 lines 15-46 discloses "permitting rapid detection and replacement of individual lamps upon failure thereof" which indicates that it determines when to replace the light source through its continuous monitoring of light intensity).
11. (Original) The polishing apparatus according to claim 7, wherein the light source has a heater for heating a lamp portion (Krause EL lamp generates head when voltage is applied through its lamp which can be interpreted to be a heater and thus heads a lamp portion that is any other adjacent structure of the EL lamp).
Claim(s) 11-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Inoue in view of Krause as applied to claim 7 above, and further in view of
Ohkawa (US 6645045) and Haas et al. (US 7009329).
Regarding claim 15, the combination of Inoue and Krause renders obvious
A polishing apparatus, comprising: a polishing table configured to support a polishing pad; a polishing head configured to press a substrate against the polishing pad; and an optical film thickness measuring device configured to measure a film thickness of the substrate by irradiating a light onto a surface of the substrate and receiving a light reflected from the substrate, wherein the optical film thickness measuring device comprises: a light source (see claim 7 rejection for equivalent limitation mapping and discussion), but does not explicitly disclose wherein the light source of the optical film thickness measuring device has a heater a heater attached to a lamp portion; and a controller configured to: control the heater while monitoring a temperature of the lamp portion based on a signal from a temperature sensor configured to detect the temperature of the lamp portion, wherein the heater heats the lamp portion before or after starting to use the light source..
However, Ohkawa discloses a method of measuring thickness of a semiconductor layer that is used during a polishing process similar to Inoue and the present application and therefore constitutes analogous art. Ohkawa teaches an optical film thickness measuring device (Col. 4 lines 36-47, Col. 5 lines 1-9) configured to measure a film thickness of the substrate by irradiating a light onto a surface of the substrate and receiving a light reflected from the substrate, wherein the optical film thickness measuring device comprises: a light source (1, disclosed to be a white light bulb).
Since Inoue remain silent as to its light source, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to have modified device of Inoue and Krause to have used a white light bulb as its light source as taught by Ohkawa as a matter of simple substitution of one known light source for another to yield only the expected results of a functioning optical film thickness measuring device.
The combination of Inoue, Krause, and Ohkawa does not explicitly disclose wherein the light source having a heater attached to a lamp portion; and
a controller configured to: control the heater while monitoring a temperature of the lamp portion based on a signal from a temperature sensor configured to detect the temperature of the lamp portion, wherein the heater heats the lamp portion before or after starting to use the light source.
However, Haas discloses a light source with improved features and is therefore applicable to the device of Inoue and the present application that both use light sources. Hass discloses that it is a known technique in the art to use heaters (210) to heat lamps (10) to improve lamp start times, including use with a temperature sensor of the lamp. Haas discloses having a heater attached to a lamp portion; and a controller configured to: control the heater while monitoring a temperature of the lamp portion based on a signal from a temperature sensor configured to detect the temperature of the lamp portion, wherein the heater heats the lamp portion before or after starting to use the light source (Col. 6 lines 58-67, Col. 7 lines 1-6 discloses activating the heater to maintain a cathode operating temperature and maintain a heater wire temperature of 130F which indicates an implicit temperature sensor used with the controller to determine whether the temperature is being maintained as desired). Haas discloses its light source is a cold cathode fluorescent lamp which is a white light bulb and therefore would be suitable to use as a light source as discussed by Ohkawa which states that its film thickness measuring apparatus includes “a light source 1, for example,…a white light bulb”.
Since it is known in the art to use a white light bulb in film thickness measuring devices used in polishing apparatuses, and since cold cathode fluorescent lamps are white light bulbs, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to have further modified the device of Inoue in view of Krause and Ohkawa to have used cold cathode fluorescent lamps including its thermally optimized thermally optimized cold cathode heater such that the light source having a heater attached to a lamp portion; and a controller configured to: control the heater while monitoring a temperature of the lamp portion based on a signal from a temperature sensor configured to detect the temperature of the lamp portion, wherein the heater heats the lamp portion before or after starting to use the light source as taught by Haas for the purpose of improved start-up/warm-up time.
The combination of Inoue, Krause, Ohkawa, and Haas further renders obvious:
11. (Original) The polishing apparatus according to claim 7, wherein the light source has a heater for heating a lamp portion (Haas, the heater for heating a lamp portion and heater controller of Haas would be implemented with its white light bulb to be used as part of the film thickness measurement device of Inoue in light; the heater controller as taught by Haas Col. 6 lines 59-67 and Col. 7 lines 1-6).
12. (Original) The polishing apparatus according to claim 11, wherein the controller is configured to control the heater while monitoring a temperature of the lamp portion based on a signal from a temperature sensor configured to detect the temperature of the lamp portion (Haas, the heater controller of Haas would be implemented with its white light bulb to be used as part of the film thickness measurement device of Inoue in light; the heater controller as taught by Haas Col. 6 lines 59-67 and Col. 7 lines 1-6).
13. (New) A polishing apparatus, comprising: a polishing table configured to support a polishing pad; a polishing head configured to press a substrate against the polishing pad; and an optical film thickness measuring device configured to measure a film thickness of the substrate by irradiating a light onto a surface of the substrate and receiving a light reflected from the substrate, wherein the optical film thickness measuring device comprises: a light source (limitations above are disclosed by Inoue, see claim 7 rejection) having a heater for heating a lamp portion of the light source (implemented in light of Haas which discloses a suitable white lamp which are disclosed to be used in optical film thickness measurement devices); and
a controller configured to measure the film thickness of the substrate based on a signal of the reflected light from the substrate (disclosed by Inoue and Ohkawa),
wherein the controller is configured to: heat the lamp portion by the heater before or after starting to use the light source (implemented in light of the teachings from Haas which discloses heating the light source before starting to use the light source to facilitated warming up the light for use, and discloses maintaining the heating after starting to use the light source to keep the temperature within a desired range as discussed in Haas Col. 6 lines 59-67 and Col. 7 lines 1-6); monitor a light intensity of the light source after starting to use the light source (implemented in light of Krause to prolong the useful life of the lamp); and adjust a voltage applied to the light source based on the monitored light intensity (implemented in light of Krause to prolong the useful life of the lamp).
14. (New) The polishing apparatus according to claim 13, wherein the controller is configured to control the heater while monitoring a temperature of the lamp portion based on a signal from a temperature sensor configured to detect the temperature of the lamp portion, and
wherein the controller is further configured to adjust the voltage applied to the light source based on the monitored light intensity after the temperature of the lamp portion reaches a predetermined temperature (in light of the teachings from Haas, the lamp would be warmed up prior to using therefore the monitored light intensity would be after the temperature of the lamp portion reaches a predetermined temperature, and in light of the teachings from Krause, the light intensity would be monitored to maintain a desired light intensity by increasing the voltage to the light source to account of the natural dimming of the lamp overtime, to achieve prolonged life of the lamp).
Conclusion
The art made of record and not relied upon is considered pertinent to applicant's disclosure.
Dalrymple et al. (US 2005/0150599) discloses an optical sensor that can be used to determine a thickness of a wafer, and is used with a polishing apparatus, and discloses that the light intensity is measured to determine characteristics of the wafer such as the thickness.
Dietze (US 2026/0059623) discloses compensating for a degradation of a light emitting diode by increasing the operating current so that a change in the luminous intensity due to the degradation is at least partially compensated
Mohan et al. (US 8890418) discloses monitoring the light intensity and determining an abnormality which indicates end of life.
Kimba et al. (US 10663287) discloses a polishing apparatus with an optical film thickness measuring device that adjusts the intensity of the light by moving the light source.
Tian (CN121361030), 2026-01-20, G01B11/0625, B24B29/00discloses
a controller configured to measure the film thickness of the substrate based on a signal of the reflected light from the substrate, and
wherein the controller is configured to:
monitor a light intensity of a light source of the optical film thickness measuring device; and
adjust a voltage applied to the light source based on the monitored light intensity.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Dustin T Nguyen whose telephone number is (571)270-0163. The examiner can normally be reached M - F: 8:00am - 4:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nathaniel E. Wiehe can be reached at (571) 272-8648. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DUSTIN T NGUYEN/Primary Examiner, Art Unit 3745 July 17, 2026
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