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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on January 17, 2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1, 12, and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Khandelwal et al (US Pub 2017/0261312) in view of Sasano et al (US Pub 2018/0164092).
In re claim 1, Khandelwal et al discloses an apparatus comprising: a carrier structure (i.e. 300) sized to be placed within a semiconductor processing chamber (i.e. 100) such that at least three locations on the carrier structure are interposed between a pedestal (i.e. 160) of the semiconductor processing chamber and a showerhead (i.e. 120) disposed above the pedestal, wherein: each of the at least three locations has a corresponding first component (i.e. 310) and a corresponding second component (i.e. 320), the first component at each location is movable at least along a first axis relative to the second component at that location and relative to the carrier structure, the first component at each location is supported relative to the carrier structure in at least one direction by at least one corresponding compliant member (i.e. 375) that is configured to apply a biasing force (i.e. through spring 370) to that first component that urges that first component into a corresponding first position relative to the carrier structure, and the first component (i.e. 310) and the second component (i.e. 320) at each location are arranged such that when the first component is moved relative to the carrier structure along the first axis, an amount of the first component (i.e. 310) obscured by the second component (i.e. 320) when viewed along an axis perpendicular to the first axis changes (i.e. see at least Figures 1, 5, 6, 7A, 7B, 9A, 9B; paragraphs 0058, 0062, 0071-0074).
Khandelwal et al, as discussed above, does not explicitly disclose an outer surface of the first component has first optical properties and an outer surface of the second component has second optical properties, the first optical properties and the second optical properties have high optical contrast with respect to one another.
However, Sasano et al discloses an outer surface of the first component has first optical properties and an outer surface of the second component has second optical properties, the first optical properties and the second optical properties have high optical contrast with respect to one another (i.e. see at least paragraph 0031). In other words, Sasano et al discloses a translucent member (i.e. 11) includes a mark (i.e. 16), which indicates the position of an edge portion (i.e. 11C), on the edge portion (i.e. 11C) of the first abutment surface (i.e. 11A) and the second abutment surface (i.e. 11B), wherein the mark (i.e. 16) is obtained by painting the edge portion (i.e. 11C) with a color (for example, black) reflecting light (i.e. see at least paragraph 0031).
The advantage is to obtain a device that is able to accurately take measurements (i.e. paragraph 0004).
Thus, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to have modified the apparatus as taught by Khandelwal et al with an outer surface of the first component has first optical properties and an outer surface of the second component has second optical properties, the first optical properties and the second optical properties have high optical contrast with respect to one another as taught by Sasano et al in order to obtain a device that is able to accurately take measurements.
In re claim 12, Khandelwal et al, as discussed above, does not explicitly disclose wherein the first optical properties include a light-colored material and the second optical properties include a dark-colored material.
However, Sasano et al discloses wherein the first optical properties include a light-colored material and the second optical properties include a dark-colored material (i.e. see at least paragraph 0031). In other words, Sasano et al discloses the mark (i.e. 16) is obtained by painting the edge portion (i.e. 11C) with a color (for example, black) reflecting light (i.e. see at least paragraph 0031).
The advantage is to obtain a device that is able to accurately take measurements (i.e. paragraph 0004).
Thus, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to have modified the apparatus as taught by Khandelwal et al with wherein the first optical properties include a light-colored material and the second optical properties include a dark-colored material as taught by Sasano et al in order to obtain a device that is able to accurately take measurements.
In re claim 13, Khandelwal et al, as discussed above, does not explicitly disclose wherein the first optical properties include white material and the second optical properties include black material.
However, Sasano et al discloses wherein the first optical properties include white material and the second optical properties include black material (i.e. see at least paragraph 0031). In other words, Sasano et al discloses the mark (i.e. 16) is obtained by painting the edge portion (i.e. 11C) with a color (for example, black) reflecting light (i.e. see at least paragraph 0031).
The advantage is to obtain a device that is able to accurately take measurements (i.e. paragraph 0004).
Thus, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to have modified the apparatus as taught by Khandelwal et al with wherein the first optical properties include white material and the second optical properties include black material as taught by Sasano et al in order to obtain a device that is able to accurately take measurements.
Allowable Subject Matter
Claims 2-11 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claims 14-16 are allowed.
The following is an examiner’s statement of reasons for allowance: The prior arts of record do not disclose or suggest at least the limitation of “an apparatus wherein at least one of the first flexure structure and the second flexure structure for each first component includes a first trigger structure that is configured to protrude beyond a bottom surface of the carrier structure when that first component is in the first position relative to the carrier structure and that is further configured to be coincident with, but not pass through, a plane coincident with the bottom surface of the carrier structure when that first component is in the second position relative to the carrier structure” as recited in claim 1.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANTHONY HO whose telephone number is (571)270-1432. The examiner can normally be reached 9AM - 5PM, Monday-Friday.
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/ANTHONY HO/Primary Examiner, Art Unit 2817