Prosecution Insights
Last updated: April 19, 2026
Application No. 18/554,643

POLISHING METHOD, AND POLISHING APPARATUS

Non-Final OA §102§103§112
Filed
Oct 10, 2023
Examiner
CRANDALL, JOEL DILLON
Art Unit
3723
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Ebara Corporation
OA Round
1 (Non-Final)
58%
Grant Probability
Moderate
1-2
OA Rounds
3y 7m
To Grant
80%
With Interview

Examiner Intelligence

Grants 58% of resolved cases
58%
Career Allow Rate
434 granted / 751 resolved
-12.2% vs TC avg
Strong +22% interview lift
Without
With
+22.1%
Interview Lift
resolved cases with interview
Typical timeline
3y 7m
Avg Prosecution
39 currently pending
Career history
790
Total Applications
across all art units

Statute-Specific Performance

§101
0.4%
-39.6% vs TC avg
§103
42.2%
+2.2% vs TC avg
§102
26.0%
-14.0% vs TC avg
§112
29.3%
-10.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 751 resolved cases

Office Action

§102 §103 §112
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 Rejections - 35 USC § 112(b) 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 2, 3, 6, 8, 9, 11, and 12, and those claims depending therefrom, 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. Regarding claims 2 and 8, the claimed “immediately” is indefinite for being a relative term without a defined interval of time. As best understood, this is meant to convey that there are no intervening steps. Applicant is advised to claim this a different way as the claim seems to be attempting to state that the polishing of the substrate is simply started at the predetermined temperature. For the purpose of examination, the examiner will consider this to be what is meant by the claim. Regarding claims 3 and 9, the claimed “stabilized” is indefinite. In the context of the specification and art, this is considered to mean to limit fluctuations. But, to limit fluctuations is relative lacking any standard of measurement for determining if the fluctuations are inside or outside of a limit that is considered to be stabilized. For example, fluctuations between 0.01 degrees may be considered by most to be “stabilized,” but it is not completed stabilized, thus allowing one to argue that it is not stabilized and, as such, creating ambiguity about what is and isn’t “stabilized.” For the purpose of examination, the examiner will consider this to be that, wherein when the polishing of the substrate is started, the temperature is maintained at the predetermined temperature. Regarding claims 5 and 6, the claimed “polished at the first predetermined temperature while controlling the polishing load for pressing the substrate against the polishing surface based on the measurement values of the film- thickness measuring device” [emphasis added] is indefinite. The way this is stated, it makes ambiguous whether the temperature is “based on the measurement values of the film- thickness measuring device” or whether the polishing load is. For the purpose of examination, and as best understood, this will be considered, “polished at the first predetermined temperature while controlling the polishing load for pressing the substrate against the polishing surface[, the polishing load] based on the measurement values of the film- thickness measuring device.” Regarding claims 6 and 12, the claimed “gradually” is indefinite. The term “gradually” can mean by moving, changing, or developing by fine or often imperceptible degrees, and can also mean proceeding by steps or degrees. Without knowing what is considered “fine” or “imperceptible” because both terms are relative and, therefore, are indefinitely defined. In other words, the term “fine” and “imperceptible” take on different meanings to different people and, therefore, is ill-defined without any standard for ascertaining what is and isn’t “fine” and/or “imperceptible.” As for “proceeding by steps or degrees,” this too is considered indefinite as it is unclear what “steps” or “degrees” are required to be considered “gradual.” While taken in a literal sense, this would mean exactly as any change as any change takes place according to steps or degrees (moving from one value to the next constitutes moving between steps or degrees), and would not specifically a gradual change. But, interpreting the term in view of what one in the art would interpret this to mean, which is defined steps and/or defined degrees, such as by values of 0.1, this becomes indefinite as there is nothing in the specification that makes definite what specific steps or degrees determine whether something is “gradual.” For the purpose of examination, the examiner will consider “gradual” to include any change that happens by any steps and/or degrees. Regarding claims 11 and 12, the claimed “a first polishing in which the substrate is polished at the first predetermined temperature while controlling the polishing load for pressing the substrate against the polishing surface based on the measurement values of the film- thickness measuring device” [emphasis added] is indefinite. The way this is stated, it makes ambiguous whether the temperature is “based on the measurement values of the film- thickness measuring device” or whether the polishing load is. For the purpose of examination, and as best understood, this will be considered, “a first polishing in which the substrate is polished at the first predetermined temperature while controlling the polishing load for pressing the substrate against the polishing surface[, the polishing load] based on the measurement values of the film- thickness measuring device.” 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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claim(s) 1-4 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yokoyama (US-2008/0268751). Regarding claim 1 (Original), Yokoyama (US-2008/0268751) discloses a polishing method, comprising; controlling a temperature of a polishing surface of a polishing pad to a predetermined temperature (“specified values preset [of the temperature]”) [Yokoyama; paragraph 0069] by use of a pad-temperature regulating apparatus (“the data of the polishing time, the remaining film quantity of each polishing process type, the EPD time, the use time and the number of used pieces of expendable supplies of the polishing pad 9 and the polishing head 10, and the temperature of the polishing pad 9, the temperature of the polishing head 10 and the like are included. These polishing data are memorized and controlled in the memory unit 12 as the past polishing history, and are used as useful data pieces when the optimal polishing recipes are prepared (step S4).”) [Yokoyama; paragraph 0064]; and polishing a substrate while controlling a polishing load for pressing the substrate against the polishing surface based on measurement values (“the polishing conditions such as the polishing speed, the polishing pressure, the abrasives, and the like for the wafers are prepared by the polishing recipe preparing means 3 so as to become optimal, and the polishing conditions are corrected/changed in real time by the polishing condition correcting/changing unit 13 so that the difference between the measured value of the remaining film thickness of the wafers after polishing and the forecasted value thereof becomes minimal”) [emphasis added] [Yokoyama; paragraph 0073] from a film-thickness measuring device which is provided in the polishing pad [Yokoyama; paragraph 0073]. Regarding claim 2 (Original), Yokoyama discloses the polishing method according to claim 1, wherein polishing of the substrate is started immediately after the temperature of the polishing surface reaches the predetermined temperature (Yokoyama uses a recipe, meaning that it specifies a temperature for a given time, including the initial time. Therefore, the polishing of the substrate would start immediately at the set temperature of the recipe, meaning that the temperature just prior to start would be achieved before starting of the polishing.) (“the data of the polishing time, the remaining film quantity of each polishing process type, the EPD time, the use time and the number of used pieces of expendable supplies of the polishing pad 9 and the polishing head 10, and the temperature of the polishing pad 9, the temperature of the polishing head 10 and the like are included. These polishing data are memorized and controlled in the memory unit 12 as the past polishing history, and are used as useful data pieces when the optimal polishing recipes are prepared (step S4).”) [Yokoyama; paragraph 0064]. Regarding claim 3 (Original), Yokoyama discloses the polishing method according to claim 1, wherein polishing of the substrate is started after the temperature of the polishing surface has stabilized at the predetermined temperature (Yokoyama controls the temperature and, therefore, the temperature is considered to be stabilized at the controlled temperature) (“the data of the polishing time, the remaining film quantity of each polishing process type, the EPD time, the use time and the number of used pieces of expendable supplies of the polishing pad 9 and the polishing head 10, and the temperature of the polishing pad 9, the temperature of the polishing head 10 and the like are included. These polishing data are memorized and controlled in the memory unit 12 as the past polishing history, and are used as useful data pieces when the optimal polishing recipes are prepared (step S4).”) [Yokoyama; paragraph 0064]. Regarding claim 4 (Currently Amended), Yokoyama discloses the polishing method according to claim 1, wherein polishing of the substrate is performed while maintaining the temperature of the polishing surface at the predetermined temperature (recipe temperature) (“the data of the polishing time, the remaining film quantity of each polishing process type, the EPD time, the use time and the number of used pieces of expendable supplies of the polishing pad 9 and the polishing head 10, and the temperature of the polishing pad 9, the temperature of the polishing head 10 and the like are included. These polishing data are memorized and controlled in the memory unit 12 as the past polishing history, and are used as useful data pieces when the optimal polishing recipes are prepared (step S4).”) [Yokoyama; paragraph 0064]. 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) 5 and 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yokoyama (US-2008/0268751) in view of Maruyama (US-2017/0239778). Regarding claim 5 (Original), Yokoyama discloses the polishing method according to claim 1, wherein the predetermined temperature is a first predetermined temperature (preset temperature), polishing of the substrate includes: a first polishing in which the substrate is polished at the first predetermined temperature (“specified values preset [of the temperature]”) [Yokoyama; paragraph 0069] while controlling the polishing load for pressing the substrate against the polishing surface based on the measurement values of the film- thickness measuring device (“the data of the polishing time, the remaining film quantity of each polishing process type, the EPD time, the use time and the number of used pieces of expendable supplies of the polishing pad 9 and the polishing head 10, and the temperature of the polishing pad 9, the temperature of the polishing head 10 and the like are included. These polishing data are memorized and controlled in the memory unit 12 as the past polishing history, and are used as useful data pieces when the optimal polishing recipes are prepared (step S4).”) [Yokoyama; paragraph 0064]; but fails to explicitly disclose a second polishing in which the substrate is polished at a second predetermined temperature different from the first predetermined temperature while controlling the polishing load for pressing the substrate against the polishing surface based on the measurement values of the film-thickness measuring device, and switching the first polishing to the second polishing is performed when an amount of remaining film in the substrate, measured by the film-thickness measuring device, reaches a predetermined amount. However, Maruyama (US-2017/0239778) teaches “[w]hen a predetermined amount of time has elapsed since the start of the first polishing step or when a thickness of a film of the wafer W reaches a predetermined value, the target temperature of the surface of the polishing pad 3 is changed from the first target temperature to a second target temperature, with the wafer W kept in contact with the polishing pad 3. The wafer W is polished while the surface temperature of the polishing pad 3 is maintained at the second target temperature (a second polishing step).” [Maruyama; paragraph 0087]. Therefore, in view of Maruyama, it would’ve been obvious to modify Yokoyama to include, as claimed, “a second polishing in which the substrate is polished at a second predetermined temperature (“second target temperature”) different from the first predetermined temperature (Maruyama changes the temperature to effect a different polishing rate) [Maruyama; paragraph 0088] while controlling the polishing load for pressing the substrate against the polishing surface based on the measurement values of the film-thickness measuring device (“when a thickness of a film of the wafer W reaches a predetermined value”), and switching the first polishing to the second polishing is performed when an amount of remaining film in the substrate, measured by the film-thickness measuring device, reaches a predetermined amount [Maruyama; paragraphs 0087-0088]” in order to change a polishing rate to effect a more uniform film-thickness profile from beginning to end of the overall polishing process (“In the second polishing step, since the wafer W is polished at a low polishing rate, a film-thickness profile of the wafer W can be adjusted precisely.”) [Maruyama; paragraph 0088] (“The conventional pad-temperature regulating apparatus thus has the problem that the surface temperature of the polishing pad 103 fluctuates greatly during polishing of a wafer and that a desired polishing rate (also referred to as removal rate) cannot be obtained.”) [Maruyama; paragraph 0008], particularly since Yokoyama teaches the means to control and adjust the temperature through a recipe (“As the polishing data, the data of the polishing time, the remaining film quantity of each polishing process type, the EPD time, the use time and the number of used pieces of expendable supplies of the polishing pad 9 and the polishing head 10, and the temperature of the polishing pad 9, the temperature of the polishing head 10 and the like are included. These polishing data are memorized and controlled in the memory unit 12 as the past polishing history, and are used as useful data pieces when the optimal polishing recipes are prepared (step S4).”) [Yokoyama; paragraph 0064] (“the polishing temperature of the wafer measured by the temperature sensor, that is, the temperature of the polishing pad or the temperature of the polishing head are monitored, and it is confirmed whether the measuring temperature are away from specified values preset for the apparatus”) [Yokoyama; paragraph 0069]. Regarding claim 6 (Currently Amended), Yokoyama discloses the polishing method according to claim 1, wherein the predetermined temperature is a first predetermined temperature (preset temperature), polishing of the substrate includes: a first polishing in which the substrate is polished at the first predetermined temperature (“specified values preset [of the temperature]”) [Yokoyama; paragraph 0069] while controlling the polishing load for pressing the substrate against the polishing surface based on the measurement values of the film- thickness measuring device (“the data of the polishing time, the remaining film quantity of each polishing process type, the EPD time, the use time and the number of used pieces of expendable supplies of the polishing pad 9 and the polishing head 10, and the temperature of the polishing pad 9, the temperature of the polishing head 10 and the like are included. These polishing data are memorized and controlled in the memory unit 12 as the past polishing history, and are used as useful data pieces when the optimal polishing recipes are prepared (step S4).”) [Yokoyama; paragraph 0064]; but fails to explicitly disclose a second polishing in which the substrate is polished at a second predetermined temperature different from the first predetermined temperature while controlling the polishing load for pressing the substrate against the polishing surface based on the measurement values of the film-thickness measuring device, and switching the first polishing to the second polishing is performed when an amount of remaining film in the substrate, measured by the film-thickness measuring device, reaches a predetermined amount. However, Maruyama (US-2017/0239778) teaches “[w]hen a predetermined amount of time has elapsed since the start of the first polishing step or when a thickness of a film of the wafer W reaches a predetermined value, the target temperature of the surface of the polishing pad 3 is changed from the first target temperature to a second target temperature, with the wafer W kept in contact with the polishing pad 3. The wafer W is polished while the surface temperature of the polishing pad 3 is maintained at the second target temperature (a second polishing step).” [Maruyama; paragraph 0087]. Therefore, in view of Maruyama, it would’ve been obvious to modify Yokoyama to include, as claimed, “a second polishing in which the substrate is polished at a second predetermined temperature (“second target temperature”) different from the first predetermined temperature (Maruyama changes the temperature to effect a different polishing rate) [Maruyama; paragraph 0088] while controlling the polishing load for pressing the substrate against the polishing surface based on the measurement values of the film-thickness measuring device (“when a thickness of a film of the wafer W reaches a predetermined value”), and switching the first polishing to the second polishing is performed when an amount of remaining film in the substrate, measured by the film-thickness measuring device, reaches a predetermined amount [Maruyama; paragraphs 0087-0088]” in order to change a polishing rate to effect a more uniform film-thickness profile from beginning to end of the overall polishing process (“In the second polishing step, since the wafer W is polished at a low polishing rate, a film-thickness profile of the wafer W can be adjusted precisely.”) [Maruyama; paragraph 0088] (“The conventional pad-temperature regulating apparatus thus has the problem that the surface temperature of the polishing pad 103 fluctuates greatly during polishing of a wafer and that a desired polishing rate (also referred to as removal rate) cannot be obtained.”) [Maruyama; paragraph 0008], particularly since Yokoyama teaches the means to control and adjust the temperature through a recipe (“As the polishing data, the data of the polishing time, the remaining film quantity of each polishing process type, the EPD time, the use time and the number of used pieces of expendable supplies of the polishing pad 9 and the polishing head 10, and the temperature of the polishing pad 9, the temperature of the polishing head 10 and the like are included. These polishing data are memorized and controlled in the memory unit 12 as the past polishing history, and are used as useful data pieces when the optimal polishing recipes are prepared (step S4).”) [Yokoyama; paragraph 0064] (“the polishing temperature of the wafer measured by the temperature sensor, that is, the temperature of the polishing pad or the temperature of the polishing head are monitored, and it is confirmed whether the measuring temperature are away from specified values preset for the apparatus”) [Yokoyama; paragraph 0069]. As for the temperature being “gradually” changed, it would’ve been obvious that the temperature, being adjusted from one temperature to a second temperature, would be adjusted through gradations of degrees rather than just suddenly arriving at a different temperature. Claim(s) 7-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kabasawa (US-2020/0391342) in view of Yokoyama (US-2008/0268751). Regarding claim 7 (Original), Kabasawa (US-2020/0391342) discloses a polishing apparatus, comprising: a polishing table (polishing table 2) for supporting a polishing pad (polishing pad 9); a polishing head (polishing head 1) configured to press a substrate against a surface of the polishing pad (polishing pad 3) so as to polish the substrate (Fig. 1) (“a polishing table 2 that supports a polishing pad 3”) [Kabasawa; paragraph 0036]; a pad-temperature measuring device (pad-temperature measuring device 39) configured to measure a temperature of the polishing surface (“The temperature regulation device 5 further includes a pad-temperature measuring device 39 for measuring a temperature of the polishing surface 3a of the polishing pad 3 (which may hereinafter be referred to as pad surface temperature).”) [Kabasawa; paragraph 0049]; a pad-temperature regulating apparatus (temperature regulating device 5) configured to regulate the temperature of the polishing surface (“a temperature regulation device 5 for regulating a temperature of a polishing surface 3a of the polishing pad 3”) [Kabasawa; paragraph 0036]; a film-thickness measuring device (film-thickness sensor 7) mounted to the polishing table (polishing table 2) (“The film-thickness sensor 7 is fixed to the polishing table 2 and rotates together with the polishing table 2.”) [Kabasawa; paragraph 0040]; and a controller configured to control operations of at least the polishing head and the pad-temperature regulating apparatus, wherein the controller (operation controller 40) is configured to: control, based on measurement values from the pad-temperature measuring device, the temperature of the polishing surface of the polishing pad to a predetermined temperature by use of the pad-temperature regulating apparatus (“a temperature regulation device 5 for regulating a temperature of a polishing surface 3a of the polishing pad 3”) [Kabasawa; paragraph 0036] (“The temperature regulation device 5 further includes a pad-temperature measuring device 39 for measuring a temperature of the polishing surface 3a of the polishing pad 3 (which may hereinafter be referred to as pad surface temperature).”) [Kabasawa; paragraph 0049]; and polish the substrate while controlling a polishing load for pressing the substrate against the polishing surface (“The pressing force of the wafer W against the polishing pad 3 can be adjusted by the pressure of the gas in the pressure chamber 90.”) [Kabasawa; paragraph 0085]. Kabasawa fails to disclose that the pressing load for pressing the substrate against the polishing surface is “based on the measurement values from the film-thickness measuring device.” However, Yokoyama teaches that the pressing load (“polishing pressure”) for pressing the substrate against the polishing surface is “based on the measurement values of film-thickness” as claimed (“the polishing conditions such as the polishing speed, the polishing pressure, the abrasives, and the like for the wafers are prepared by the polishing recipe preparing means 3 so as to become optimal, and the polishing conditions are corrected/changed in real time by the polishing condition correcting/changing unit 13 so that the difference between the measured value of the remaining film thickness of the wafers after polishing and the forecasted value thereof becomes minimal”) [emphasis added] [Yokoyama; paragraph 0073]. Since Kabasawa teaches controlling the force (“The pressing force of the wafer W against the polishing pad 3 can be adjusted by the pressure of the gas in the pressure chamber 90.”) [Kabasawa; paragraph 0085] and since Yokoyama teaches that the force (“polishing pressure”) can be used to adjust/correct polishing conditions such as polishing rate [Yokoyama; paragraph 0073], it therefore would’ve been obvious to one of ordinary skill in the art to base the pressing load for pressing the substrate against the polishing surface off of the film-thickness measurement value of the film-thickness measuring device of Kabasawa, particularly since it affects polishing rate, which Kabasawa seeks to control (“As described above, the polishing rate may change due to the change (for example, wear) of the consumables, such as the polishing pad 3, with time. Therefore, in one embodiment, the operation controller 40 calculates a target polishing rate required for an actual polishing time (i.e., a time duration from the start of polishing the wafer W until the film thickness of the wafer W reaches a target thickness) to coincide with a target polishing time.”) [Kabasawa; paragraph 0087], in order to better control the polishing rate using both temperature and down force. Regarding claim 8 (Original), Kabasawa discloses the polishing apparatus according to claim 7, wherein the controller is configured to start polishing of the substrate immediately after the temperature of the polishing surface reaches the predetermined temperature. The prior art of Kabasawa teaches a desired polishing rate (i.e. target polishing rate) achieved by a desired or predetermined termperature (i.e. target temperature) and, therefore, it would’ve been obvious to one of ordinary skill in the art to not only start polishing the substrate at the desired polishing rate, but to do so by achieving the desired or predetermined temperature just prior to polishing (“determine a target temperature of the polishing surface that can achieve the target polishing rate, and operate the fluid supply system during polishing of the substrate to change a temperature of the polishing surface to the target temperature by the heat exchanger”) [Kabasawa; paragraph 0016]. Regarding claim 9 (Original), Kabasawa discloses the polishing apparatus according to claim 7, wherein the controller is configured to start polishing of the substrate after the temperature of the polishing surface has stabilized at the predetermined temperature. The prior art of Kabasawa teaches a desired polishing rate (i.e. target polishing rate) achieved by a desired or predetermined termperature (i.e. target temperature) and, therefore, it would’ve been obvious to one of ordinary skill in the art to not only start polishing the substrate at the desired polishing rate, but to do so by achieving the desired or predetermined temperature just prior to polishing (“determine a target temperature of the polishing surface that can achieve the target polishing rate, and operate the fluid supply system during polishing of the substrate to change a temperature of the polishing surface to the target temperature by the heat exchanger”) [Kabasawa; paragraph 0016]. Kabasawa also discloses the desire to maintain a target polishing rate (“during polishing of the substrate, adjusting a temperature of the polishing surface by the heat exchanger such that a current polishing rate of the substrate is maintained at the target polishing rate”) [Kabasawa; paragraph 0013] and therefore it would’ve been obvious to one of ordinary skill in the art to start polishing only after the desired polishing rate was achieved by adjusting a temperature of the polishing pad to a desired and stabilized/uniform temperature. Regarding claim 10 (Currently Amended), Kabasawa discloses the polishing apparatus according to claim 7, wherein the controller is configured to perform polishing of the substrate while maintaining the temperature of the polishing surface at the predetermined temperature. Kabasawa teaches the desire to use temperature to control the polishing rate (“during polishing of the substrate, adjusting a temperature of the polishing surface by the heat exchanger such that a current polishing rate of the substrate is maintained at the target polishing rate”) [Kabasawa; paragraph 0013]. Kabasawa only teaches adjusting the temperature to achieve the desired target polishing rate and, therefore, Kabasawa also teaches not adjusting the temperature if the desired target polishing rate is already achieved, thus “polishing of the substrate while maintaining the temperature of the polishing surface at the predetermined temperature,” whether that be for a short period of time or for a large period of time (i.e. the entire polishing process). Regarding claim 11 (Currently Amended), Kabasawa discloses the polishing apparatus according to any one of claim 7, wherein the predetermined temperature is a first predetermined temperature, polishing of the substrate includes: a first polishing (the first portion of the polishing) in which the substrate is polished at the first predetermined temperature while controlling the polishing load for pressing the substrate against the polishing surface based on the measurement values of the film- thickness measuring device (“calculating the target polishing rate comprises: calculating a remaining film thickness by subtracting the target thickness from a film thickness of the substrate at a present point in time; calculating a remaining time by subtracting an elapsed time from the target polishing time, the elapsed time being a period of time from start of polishing the substrate to the present point in time; and dividing the remaining film thickness by the remaining time, thereby calculating the target polishing rate”) [Kabasawa; paragraph 0009] (“during polishing of the substrate, adjusting a temperature of the polishing surface by the heat exchanger such that a current polishing rate of the substrate is maintained at the target polishing rate”) [Kabasawa; paragraph 0013]; and a second polishing (second portion of the polishing) in which the substrate is polished at a second predetermined temperature different from the first predetermined temperature while controlling the polishing load for pressing the substrate against the polishing surface (“The pressing force of the wafer W against the polishing pad 3 can be adjusted by the pressure of the gas in the pressure chamber 90.”) [Kabasawa; paragraph 0085] (“calculating the target polishing rate comprises: calculating a remaining film thickness by subtracting the target thickness from a film thickness of the substrate at a present point in time; calculating a remaining time by subtracting an elapsed time from the target polishing time, the elapsed time being a period of time from start of polishing the substrate to the present point in time; and dividing the remaining film thickness by the remaining time, thereby calculating the target polishing rate”) [Kabasawa; paragraph 0009] (“during polishing of the substrate, adjusting a temperature of the polishing surface by the heat exchanger such that a current polishing rate of the substrate is maintained at the target polishing rate”) [Kabasawa; paragraph 0013], and the controller is configured to switch the first polishing to the second polishing when an amount of remaining film in the substrate, measured by the film-thickness measuring device, reaches a predetermined amount (Kabasawa discloses calculating the polishing rate during polishing using the film-thickness, as measured by the film-thickness measuring device, and then adjusting the temperature based on the result) (“calculating the target polishing rate comprises: calculating a remaining film thickness by subtracting the target thickness from a film thickness of the substrate at a present point in time; calculating a remaining time by subtracting an elapsed time from the target polishing time, the elapsed time being a period of time from start of polishing the substrate to the present point in time; and dividing the remaining film thickness by the remaining time, thereby calculating the target polishing rate”) [Kabasawa; paragraph 0009] (“during polishing of the substrate, adjusting a temperature of the polishing surface by the heat exchanger such that a current polishing rate of the substrate is maintained at the target polishing rate”) [Kabasawa; paragraph 0013]. Kabasawa fails to disclose that the pressing load for pressing the substrate against the polishing surface is “based on the measurement values from the film-thickness measuring device.” However, Yokoyama teaches that the pressing load (“polishing pressure”) for pressing the substrate against the polishing surface is “based on the measurement values of film-thickness” as claimed (“the polishing conditions such as the polishing speed, the polishing pressure, the abrasives, and the like for the wafers are prepared by the polishing recipe preparing means 3 so as to become optimal, and the polishing conditions are corrected/changed in real time by the polishing condition correcting/changing unit 13 so that the difference between the measured value of the remaining film thickness of the wafers after polishing and the forecasted value thereof becomes minimal”) [emphasis added] [Yokoyama; paragraph 0073]. Since Kabasawa teaches controlling the force (“The pressing force of the wafer W against the polishing pad 3 can be adjusted by the pressure of the gas in the pressure chamber 90.”) [Kabasawa; paragraph 0085] and since Yokoyama teaches that the force (“polishing pressure”) can be used to adjust/correct polishing conditions such as polishing rate [Yokoyama; paragraph 0073], it therefore would’ve been obvious to one of ordinary skill in the art to base the pressing load for pressing the substrate against the polishing surface off of the film-thickness measurement value of the film-thickness measuring device of Kabasawa, particularly since it affects polishing rate, which Kabasawa seeks to control (“As described above, the polishing rate may change due to the change (for example, wear) of the consumables, such as the polishing pad 3, with time. Therefore, in one embodiment, the operation controller 40 calculates a target polishing rate required for an actual polishing time (i.e., a time duration from the start of polishing the wafer W until the film thickness of the wafer W reaches a target thickness) to coincide with a target polishing time.”) [Kabasawa; paragraph 0087], in order to better control the polishing rate using both temperature and down force. Regarding claim 12 (Currently Amended), Kabasawa discloses the polishing apparatus according to claim 7, wherein the predetermined temperature is a first predetermined temperature, polishing of the substrate includes: a first polishing (the first portion of the polishing) in which the substrate is polished at the first predetermined temperature while controlling the polishing load for pressing the substrate against the polishing surface based on the measurement values of the film- thickness measuring device (“calculating the target polishing rate comprises: calculating a remaining film thickness by subtracting the target thickness from a film thickness of the substrate at a present point in time; calculating a remaining time by subtracting an elapsed time from the target polishing time, the elapsed time being a period of time from start of polishing the substrate to the present point in time; and dividing the remaining film thickness by the remaining time, thereby calculating the target polishing rate”) [Kabasawa; paragraph 0009] (“during polishing of the substrate, adjusting a temperature of the polishing surface by the heat exchanger such that a current polishing rate of the substrate is maintained at the target polishing rate”) [Kabasawa; paragraph 0013]; and a second polishing (second portion of the polishing) in which the substrate is polished at a second predetermined temperature different from the first predetermined temperature while controlling the polishing load for pressing the substrate against the polishing surface (“The pressing force of the wafer W against the polishing pad 3 can be adjusted by the pressure of the gas in the pressure chamber 90.”) [Kabasawa; paragraph 0085] (“calculating the target polishing rate comprises: calculating a remaining film thickness by subtracting the target thickness from a film thickness of the substrate at a present point in time; calculating a remaining time by subtracting an elapsed time from the target polishing time, the elapsed time being a period of time from start of polishing the substrate to the present point in time; and dividing the remaining film thickness by the remaining time, thereby calculating the target polishing rate”) [Kabasawa; paragraph 0009] (“during polishing of the substrate, adjusting a temperature of the polishing surface by the heat exchanger such that a current polishing rate of the substrate is maintained at the target polishing rate”) [Kabasawa; paragraph 0013], and the controller is configured to switch the first polishing to the second polishing when an amount of remaining film in the substrate, measured by the film-thickness measuring device, reaches a predetermined amount (Kabasawa discloses calculating the polishing rate during polishing using the film-thickness, as measured by the film-thickness measuring device, and then adjusting the temperature based on the result) (“calculating the target polishing rate comprises: calculating a remaining film thickness by subtracting the target thickness from a film thickness of the substrate at a present point in time; calculating a remaining time by subtracting an elapsed time from the target polishing time, the elapsed time being a period of time from start of polishing the substrate to the present point in time; and dividing the remaining film thickness by the remaining time, thereby calculating the target polishing rate”) [Kabasawa; paragraph 0009] (“during polishing of the substrate, adjusting a temperature of the polishing surface by the heat exchanger such that a current polishing rate of the substrate is maintained at the target polishing rate”) [Kabasawa; paragraph 0013]. As for the temperature being “gradually” changed, literally meaning “proceeding by steps or degrees,” (“gradual”, def. 2, Merriam-Webster Online Dictionary) it would be expected that the temperature change would occur by degrees since it’s going from one temperature to another in degrees. Kabasawa fails to disclose that the pressing load for pressing the substrate against the polishing surface is “based on the measurement values from the film-thickness measuring device.” However, Yokoyama teaches that the pressing load (“polishing pressure”) for pressing the substrate against the polishing surface is “based on the measurement values of film-thickness” as claimed (“the polishing conditions such as the polishing speed, the polishing pressure, the abrasives, and the like for the wafers are prepared by the polishing recipe preparing means 3 so as to become optimal, and the polishing conditions are corrected/changed in real time by the polishing condition correcting/changing unit 13 so that the difference between the measured value of the remaining film thickness of the wafers after polishing and the forecasted value thereof becomes minimal”) [emphasis added] [Yokoyama; paragraph 0073]. Since Kabasawa teaches controlling the force (“The pressing force of the wafer W against the polishing pad 3 can be adjusted by the pressure of the gas in the pressure chamber 90.”) [Kabasawa; paragraph 0085] and since Yokoyama teaches that the force (“polishing pressure”) can be used to adjust/correct polishing conditions such as polishing rate [Yokoyama; paragraph 0073], it therefore would’ve been obvious to one of ordinary skill in the art to base the pressing load for pressing the substrate against the polishing surface off of the film-thickness measurement value of the film-thickness measuring device of Kabasawa, particularly since it affects polishing rate, which Kabasawa seeks to control (“As described above, the polishing rate may change due to the change (for example, wear) of the consumables, such as the polishing pad 3, with time. Therefore, in one embodiment, the operation controller 40 calculates a target polishing rate required for an actual polishing time (i.e., a time duration from the start of polishing the wafer W until the film thickness of the wafer W reaches a target thickness) to coincide with a target polishing time.”) [Kabasawa; paragraph 0087], in order to better control the polishing rate using both temperature and down force. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US-6,244,944, US-20190126428, US-20180236631, and US-20200001427 (“non-contact heater, such as IR lamps”) [paragraph 0039] are pertinent to claim 1. Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOEL DILLON CRANDALL whose telephone number is (571)270-5947. The examiner can normally be reached Mon - Fri 8:30 - 5:30. 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, Monica Carter can be reached at 571-270-5947. 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. /JOEL D CRANDALL/ Examiner, Art Unit 3723
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Prosecution Timeline

Oct 10, 2023
Application Filed
Nov 29, 2025
Non-Final Rejection — §102, §103, §112 (current)

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

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3y 7m
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