Prosecution Insights
Last updated: October 24, 2026
Application No. 18/562,950

SUBSTRATE PROCESSING APPARATUS AND SUBSTRATE PROCESSING METHOD

Non-Final OA §103§112
Filed
Nov 21, 2023
Priority
May 24, 2021 — JP 2021-087056 +2 more
Examiner
MARKMAN, MAKENA
Art Unit
3723
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Ebara Corporation
OA Round
2 (Non-Final)
60%
Grant Probability
Moderate
2-3
OA Rounds
3m
Est. Remaining
98%
With Interview

Examiner Intelligence

Grants 60% of resolved cases
60%
Career Allowance Rate
200 granted / 334 resolved
-10.1% vs TC avg
Strong +38% interview lift
Without
With
+38.3%
Interview Lift
resolved cases with interview
Typical timeline
3y 2m
Avg Prosecution
39 currently pending
Career history
384
Total Applications
across all art units

Statute-Specific Performance

§101
0.6%
-39.4% vs TC avg
§103
44.2%
+4.2% vs TC avg
§102
23.7%
-16.3% vs TC avg
§112
27.8%
-12.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 334 resolved cases

Office Action

§103 §112
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 . Response to Arguments Applicant’s arguments with respect to the claim(s) have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. 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. The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked. As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph: (A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function; (B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and (C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function. Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function. Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function. Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. 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: an elevating mechanism (…) in claims 1 and 11. Paragraph [0029] of the specification is being relied upon for describing the elevating mechanism. an abrasion amount measurement member in claim 1. Paragraph [0031] is being relied upon for describing the abrasion amount measurement member. a holder elevating mechanism in claims 2, 3, 12, and 13. The Specification describes the holder elevating mechanism may be a servomotor (see [0015], [0033]). an imaging member for imaging in claims 5 and 14. Paragraph [0042] of the specification is being relied upon for describing the imaging member. 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. 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. 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. Claims 1-10 and 12-16 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 claim 1, in the recitation of “an elevating mechanism for moving up and down the polishing pad held to the pad holder”, the language of the claim creates indefiniteness issues regarding what structure is performing what action. It is unclear if the elevating mechanism itself physically moves up and down along the polishing pad, or if the elevating mechanism is configured to move the polishing pad up and down. Regarding claims 2 and 3, in the recitation of “a holder elevating mechanism for moving up and down the pad holder”, it is unclear if the holder elevating mechanism is configured to move the pad holder up and down, or if the holder elevating mechanism is the structure which moves up and down (on the pad holder?). For example, the claim does not recite “a holder elevating mechanism for moving the pad holder up and down”, but rather that the holder elevating mechanism is the subject performing the movement. Regarding claim 4, claim 4 recites “a height of the pad holder” twice. Furthermore, claim 4 recites “a polishing pad” twice, which is previously antecedently recited. Regarding claims 5 and 7, claim 5 and 7 recite “the bag member is for moving up and down the polishing pad”. As similarly pointed out in the rejections of claims 1-3 above, the noun and verb arrangement of the claim creates indefiniteness issues. Examiner believes the claim intends to limit the bag member such that it is configured to expand and contract, thereby moving the polishing pad. Regarding claim 6, claim 6 recites “an amount of bulge of the bag member” twice, which is also antecedently established in claim 5. Furthermore, claim 6 recites “a polishing pad” twice, which is previously antecedently recited. Regarding claim 8, claim 8 recites “an amount of inflow of a fluid” twice, and “a polishing pad” which already has previously established antecedent basis. Regarding claim 9, claim 9 recites “a value correlated with a behavior of the elevating mechanism when the polishing pad rises”. While it is possible the claim intends to narrow in on a different value and a different behavior at a different point in time, the recitations of claim 9 render the claim scope indefinite due to redundantly recited antecedent bases. Please amend claim 9 to either reflect continuous and proper antecedent basis of previously recited limitations, or add differentiating language (for example, a second value). Regarding claim 10, claim 10 recites “an amount of outflow fluid” twice (which also has previously established antecedent basis in claim 9), and “a polishing pad” (which has previously established antecedent basis). Regarding claims 12 and 13, in the recitation of “a holder elevating mechanism for moving up and down a pad holder”, it is unclear if the holder elevating mechanism is configured to move the pad holder up and down, or if the holder elevating mechanism is the structure which moves up and down (on the pad holder?). For example, the claim does not recite “a holder elevating mechanism for moving a pad holder up and down”, but rather that the holder elevating mechanism is the subject performing the movement. Regarding claims 14-16, the claims recite “a bag member is for moving up and down the polishing pad”. As similarly pointed out in the rejections above, the noun and verb arrangement of the claim creates indefiniteness issues. Examiner believes the claim intends to limit the bag member such that it is configured to expand and contract, thereby moving the polishing pad. Regarding claim 16, claim 16 recites “a value” and “a behavior”. While it is possible the claim intends to narrow in on a different value and a different behavior at a different point in time, the recitations of claim 16 render the claim scope indefinite due to redundantly recited antecedent bases. Please amend claim 16 to either reflect continuous and proper antecedent basis of previously recited limitations, or add differentiating language (for example, a second value). Any claim listed as rejected above but not specifically addressed above has inherited the rejection of a claim specifically addressed above due to dependency therefrom. 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. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. Claim(s) 1, 7, 8, 11, 13, 15, and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sakugawa (US 20180001438) in view of Saito (US 20080287043). Regarding claim 1, Sakugawa (US 20180001438) discloses a substrate processing apparatus (See Abstract) comprising: a table for supporting a substrate with a surface to be polished facing upward (see table 20 for supporting wafer Wf, Figures 8 and 13, [0009], [0055]); a pad holder for holding a polishing pad for polishing the substrate supported by the table (wherein head 30 holds a pad 33 for polishing the wafer Wf, see [0009]; see also [0056]); an elevating mechanism for moving up and down the polishing pad held to the pad holder (wherein the head 30 is configured to be movable upward or downward and able to push the head 30 against the wafer, see [0058] and [0009]), the elevating mechanism including an actuator element (see at least lifting member 68 and air cylinder 66, [0059], as well as [0014-0018]; see also [0064-0069]); and an abrasion amount measurement member configured to lower the polishing pad by the elevating mechanism and measure an amount of abrasion of the polishing pad based on a value correlated with a behavior of the elevating mechanism until the polishing pad contacts a reference surface (see [0075-0076]; wherein [0007] discloses that the polishing pad is consumed or deteriorates with use, and that an operation of adjusting the height of the polishing pad is carried out; see also Figures 17-20; see also [0076]: the head 30 is caused to descend as described above, until it comes into contact with the wafer Wf; see also [0015], [0076-0078], [0082]), wherein the value correlated with the behavior of the elevating mechanism includes a lowered amount of the pad holder (see [0076-0080], [0082]; see also [0083] disclosing the head 30 is brought into contact with the wafer and measured distances are stored, and wherein the head height is adjusted in order to compensate for deviations; see also [0079]: by measuring a zero point of the head 30 at one point of the wafer Wf before starting the processing, it is possible to monitor a variation in the distance between the head 30 and the surface of the wafer Wf using the displacement sensor 74 during processing of the wafer Wf and control the state of contact between the head 30 and the wafer Wf; see also [0076]: control the state of contact between the head 30 and the wafer Wf by controlling the amount of the gas supplied to the fluid storing chamber 37). However, while Sakugawa discloses there is a lifting member and an air cylinder provided in the elevating mechanism, Sakugawa does not explicitly teach of a servomotor equipped with an encoder, and thus the lowered amount is detected by the encoder of the servomotor. However, from the same or similar field of endeavor, Saito teaches of a servomotor for lifting and lowering a component equipped with an encoder (see [0010], servomotor 38, see [0106] disclosing the encoder; see also [0086-0087], [0114], [0126]), and wherein a distance is configured to be detected by the encoder of the servomotor (see [0114], [0106]). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have incorporated the teachings of Saito into the invention of Sakugawa, i.e. including the servomotor and encoder for actuating and detecting. One would be motivated to do so in order to provide an additional structure configured to track, adjust, and calculate alterations to the polishing process in situ, i.e. adding and additional structure which can monitor the process and thereby avoid unwanted deviations. This modification would be recognized as using a known structure, i.e. a servomotor and encoder, to improve a similar device in the same manner, and would yield predictable results with a reasonable expectation of success. Regarding claim 11, Sakugawa discloses a substrate processing method comprising: a lowering step of lowering a polishing pad for polishing a substrate supported to a table with a surface to be polished facing upward by an elevating mechanism until the polishing pad contacts a reference surface (see polishing pad 33 for polishing a wafer Wf on table 20, as well as lifting member 68 and air cylinder 66; see [0009], [0014-0018], [0055-0056], [0058-0059], [0064-0069], as well as Figures 4A, 5A, 6, and 7); and a measuring step of measuring an amount of abrasion of the polishing pad based on a value correlated with a behavior of the elevating mechanism until the polishing pad contacts the reference surface by the lowering step (see [0075-0076]; wherein [0007] discloses that the polishing pad is consumed or deteriorates with use, and that an operation of adjusting the height of the polishing pad is carried out; see also Figures 17-20; see also [0076]: the head 30 is caused to descend as described above, until it comes into contact with the wafer Wf; see also [0015], [0076-0078], [0082]), the value correlated with the behavior of the elevating mechanism includes a lowered amount of the polishing pad (see [0076-0080], [0082]; see also [0083] disclosing the head 30 is brought into contact with the wafer and measured distances are stored, and wherein the head height is adjusted in order to compensate for deviations; see also [0079]: by measuring a zero point of the head 30 at one point of the wafer Wf before starting the processing, it is possible to monitor a variation in the distance between the head 30 and the surface of the wafer Wf using the displacement sensor 74 during processing of the wafer Wf and control the state of contact between the head 30 and the wafer Wf; see also [0076]: control the state of contact between the head 30 and the wafer Wf by controlling the amount of the gas supplied to the fluid storing chamber 37). However, while Sakugawa discloses there is a lifting member and an air cylinder provided in the elevating mechanism, Sakugawa does not explicitly teach of wherein the elevating mechanism includes a servomotor equipped with an encoder for lowering the polishing pad, and thus the lowered amount is detected by the encoder of the servomotor. However, from the same or similar field of endeavor, Saito teaches of a servomotor for lifting and lowering a component equipped with an encoder (see [0010], servomotor 38, see [0106] disclosing the encoder; see also [0086-0087], [0114], [0126]), and wherein a distance is configured to be detected by the encoder of the servomotor (see [0114], [0106]). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have incorporated the teachings of Saito into the invention of Sakugawa, i.e. including the servomotor and encoder for actuating and detecting. One would be motivated to do so in order to provide an additional structure configured to track, adjust, and calculate alterations to the polishing process in situ, i.e. adding and additional structure which can monitor the process and thereby avoid unwanted deviations. This modification would be recognized as using a known structure, i.e. a servomotor and encoder, to improve a similar device in the same manner, and would yield predictable results with a reasonable expectation of success. Regarding claim 7, Sakugawa in view of Saito teaches the claimed invention as applied above, wherein modified Sakugawa further teaches the elevating mechanism includes a bag member mounted to the pad holder, and the bag member is for moving up and down the polishing pad by expansion and contraction caused by inflow and outflow of a fluid (Sakugawa: see [0007] regarding a description of a polishing pad fixed to the undersurface of an airbag, wherein the airbag may be swelled using air pressure to cause contact between the polishing pad and substate; see also [0019-0022]; see also [0064-0065]), and the abrasion amount measurement member includes a flowmeter configured to measure an amount of inflow of the fluid to the bag member, and the abrasion amount measurement member is configured to measure the amount of abrasion of the polishing pad based on the amount of inflow of the fluid to the bag member until the polishing pad contacts the reference surface ([0069]: thee amount of gas supplied to the fluid storing chamber 37 is controlled by an electropneumatic regulator 72; see also [0076-0077], [0082], [0087], [0064-0066]) Regarding claim 8, Sakugawa in view of Saito teaches the claimed invention as applied above, wherein modified Sakugawa further teaches the abrasion amount measurement member is configured to compare an amount of inflow of a fluid to the bag member with respect to a polishing pad as a reference with an amount of inflow of a fluid to the bag member with respect to a polishing pad as a measurement object to measure the amount of abrasion of the polishing pad as the measurement object (Sakugawa: see [0007], [0019-0022], [0064], [0069], [0076-0077], [0082], [0087]). Regarding claim 13, Sakugawa in view of Saito teaches the claimed invention as applied above, wherein modified Sakugawa further teaches wherein the elevating mechanism includes a holder elevating mechanism for moving up and down a pad holder for holding the polishing pad (Sakugawa: wherein head 30 holds a pad 33), the reference surface is the surface to be polished of the substrate, the lowering step is configured to lower the pad holder by the holder elevating mechanism until the polishing pad contacts the surface to be polished of the substrate (see at least Figures 4A, 5A, 6, and 7 regarding the wafer surface and the lowering of the pad 33 to the wafer surface), and the measuring step is configured to measure the amount of abrasion of the polishing pad based on information on a height of the pad holder when the pad holder is lowered by the holder elevating mechanism until the polishing pad contacts the surface to be polished of the substrate (Sakugawa: see at least [0008], Figures 17-21, [0058], [0063], [0076-0080], [0082-0083], [0087]). Regarding claim 15, Sakugawa in view of Saito teaches the claimed invention as applied above, wherein modified Sakugawa further teaches wherein the elevating mechanism includes a bag member for moving up and down the polishing pad by expansion and contraction caused by inflow and outflow of a fluid (Sakugawa: see [0007] regarding a description of a polishing pad fixed to the undersurface of an airbag, wherein the airbag may be swelled using air pressure to cause contact between the polishing pad and substate; see also [0019-0022]; see also [0064-0066]), the lowering step is configured to cause the fluid to flow in the bag member until the polishing pad contacts the reference surface, and the measuring step is configured to measure the amount of abrasion of the polishing pad based on an amount of inflow of the fluid to the bag member until the polishing pad contacts the reference surface (Sakugawa: see [0007], [0019-0022], [0064], [0069], [0076-0077], [0082], [0087]). Regarding claim 16, Sakugawa in view of Saito teaches the claimed invention as applied above, wherein modified Sakugawa further teaches wherein the measuring step is further configured to measure the amount of abrasion of the polishing pad based on a value correlated with a behavior of the elevating mechanism when the polishing pad rises from a state of the polishing pad contacting the reference surface (see [0076-0080], [0082]; see also [0083] disclosing the head 30 is brought into contact with the wafer and measured distances are stored, and wherein the head height is adjusted in order to compensate for deviations; see also [0079]: by measuring a zero point of the head 30 at one point of the wafer Wf before starting the processing, it is possible to monitor a variation in the distance between the head 30 and the surface of the wafer Wf using the displacement sensor 74 during processing of the wafer Wf and control the state of contact between the head 30 and the wafer Wf; see also [0076]: control the state of contact between the head 30 and the wafer Wf by controlling the amount of the gas supplied to the fluid storing chamber 37), the elevating mechanism includes a bag member for moving up and down the polishing pad by expansion and contraction caused by inflow and outflow of a fluid (Sakugawa: see [0007] regarding a description of a polishing pad fixed to the undersurface of an airbag, wherein the airbag may be swelled using air pressure to cause contact between the polishing pad and substate; see also [0019-0022]; see also [0064-0066]), and the measuring step is configured to measure the amount of abrasion of the polishing pad based on an amount of outflow of the fluid from the bag member when the bag member is contracted from the state of the polishing pad contacting the reference surface (Sakugawa: see [0007], [0019-0022], [0064], [0069], [0076-0077], [0082], [0087]). Claim(s) 1-4, 7-13, 15, and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sugaya (JP2007152498) in view of Saito (US 20080287043). Regarding claim 1, Sugaya discloses a substrate processing apparatus comprising: a table for supporting a substrate with a surface to be polished facing upward (see rotating surface plate 5 supporting wafer W to be polished, Figure 1); a pad holder for holding a polishing pad for polishing the substrate supported by the table (see polishing body 40 including plate 41 with a polishing pad 42 attached thereon); an elevating mechanism for moving up and down the polishing pad held to the pad holder, the elevating mechanism including an actuator element (please see Figures 1, 2A, 2B, and 3; wherein there is a motor M3 provided to move the stage 8 and thus stage 10 vertically; wherein there is also a pneumatic cylinder 15 provided to displace spindle 16 and pad 42 vertically; see also the signal which imparts air pressure as disclosed in [0026]); and an abrasion amount measurement member configured to lower the polishing pad by the elevating mechanism and measure an amount of abrasion of the polishing pad based on a value correlated with a behavior of the elevating mechanism until the polishing pad contacts a reference surface (see load cell 81 and load detection surface 81a, as well as [0032-0036]; see also Figure 6 depictions; see also [0040-0042] disclosing the decrease in thickness of the polishing pad as a result of polishing operations; see also Figure 6), wherein the value correlated with the behavior of the elevating mechanism includes a lowered amount of the pad holder (the calibration is performed to correct the fluctuation of the polishing pressure due to the change in the deflection amount of the drive ring 26 and the diaphragm 27 caused by the decrease in the thickness, wherein the decrease in thickness is due to wear of the polishing material of the polishing pad; see Figure 6, as well as [0040-0043], [0031-0036], [0049]). However, while Sugaya discloses there is a motor and a pneumatic cylinder provided in the elevating mechanism, Sugaya does not explicitly teach of a servomotor equipped with an encoder, and thus the lowered amount is detected by the encoder of the servomotor. However, from the same or similar field of endeavor, Saito teaches of a servomotor for lifting and lowering a component equipped with an encoder (see [0010], servomotor 38, see [0106] disclosing the encoder; see also [0086-0087], [0114], [0126]), and wherein a distance is configured to be detected by the encoder of the servomotor (see [0114], [0106]). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have incorporated the teachings of Saito into the invention of Sugaya, i.e. including the servomotor and encoder for actuating and detecting. One would be motivated to do so in order to provide an additional structure configured to track, adjust, and calculate alterations to the polishing process in situ, i.e. adding and additional structure which can monitor the process and thereby avoid unwanted deviations. This modification would be recognized as using a known structure, i.e. a servomotor and encoder, to improve a similar device in the same manner, and would yield predictable results with a reasonable expectation of success. Regarding claim 11, Sugaya discloses a substrate processing method comprising: a lowering step of lowering a polishing pad for polishing a substrate supported to a table with a surface to be polished facing upward by an elevating mechanism until the polishing pad contacts a reference surface (see polishing pad 42 for polishing the wafer W disposed on the rotating surface plate 5 Figure 1; please see Figures 1, 2A, 2B, and 3; wherein there is a motor M3 provided to move the stage 8 and thus stage 10 vertically; wherein there is also a pneumatic cylinder 15 provided to displace spindle 16 and pad 42 vertically; see also the signal which imparts air pressure as disclosed in [0026]); and a measuring step of measuring an amount of abrasion of the polishing pad based on a value correlated with a behavior of the elevating mechanism until the polishing pad contacts the reference surface by the lowering step (see load cell 81 and load detection surface 81a, as well as [0032-0036]; see also Figure 6 depictions; see also [0040-0042] disclosing the decrease in thickness of the polishing pad as a result of polishing operations; see also Figure 6), the value correlated with the behavior of the elevating mechanism includes a lowered amount of the polishing pad (the calibration is performed to correct the fluctuation of the polishing pressure due to the change in the deflection amount of the drive ring 26 and the diaphragm 27 caused by the decrease in the thickness, wherein the decrease in thickness is due to wear of the polishing material of the polishing pad; see Figure 6, as well as [0040-0043], [0031-0036], [0049]). However, while Sugaya discloses there is a motor and a pneumatic cylinder provided in the elevating mechanism, Sugaya does not explicitly teach of wherein the elevating mechanism includes a servomotor equipped with an encoder for lowering the polishing pad, and thus the lowered amount is detected by the encoder of the servomotor. However, from the same or similar field of endeavor, Saito teaches of a servomotor for lifting and lowering a component equipped with an encoder (see [0010], servomotor 38, see [0106] disclosing the encoder; see also [0086-0087], [0114], [0126]), and wherein a distance is configured to be detected by the encoder of the servomotor (see [0114], [0106]). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have incorporated the teachings of Saito into the invention of Sugaya, i.e. including the servomotor and encoder for actuating and detecting. One would be motivated to do so in order to provide an additional structure configured to track, adjust, and calculate alterations to the polishing process in situ, i.e. adding and additional structure which can monitor the process and thereby avoid unwanted deviations. This modification would be recognized as using a known structure, i.e. a servomotor and encoder, to improve a similar device in the same manner, and would yield predictable results with a reasonable expectation of success. Regarding claim 2, Sugaya in view of Saito teaches the claimed invention as applied above, wherein modified Sugaya further teaches further comprising: a swing mechanism for swinging the pad holder in a radial direction of the substrate (Sugaya: see Figure 1 regarding horizontal frame member 9, wherein the motors M2 and M3 provide elevation and rotation, thereby providing swinging of the polishing pad 42 in a radial direction of wafer W; see also [0037]); and a supporting member having a support surface for supporting the polishing pad swung to an outside of the table by the swing mechanism (see Figure 1 regarding load inspection table 80 having a load detection surface 81a configured to contact the surface of the polishing pad 42, see [0028]), wherein the elevating mechanism includes a holder elevating mechanism for moving up and down the pad holder (see Figures 1, 2A, 2B, and 3; see at least stages 8, stage 10, spindle 16), the reference surface is the support surface of the supporting member (see at least calculating and storing of pressures in [0032-0033], and subsequent operation using the stored values disclosed in [0034-0036]), and the abrasion amount measurement member is configured to measure the amount of abrasion of the polishing pad based on information on a height of the pad holder when the pad holder is lowered by the holder elevating mechanism until the polishing pad contacts the support surface of the supporting member (Sugaya: see [0031-0035]; see also [0040-0041] regarding the adjustment and calibration of the polishing supply pressure which takes place as a result of polishing pad consumption, wherein the polishing pressure is corrected; see also Figure 6 regarding Δh1 and Δh2, see also [0036] and [0040] regarding the considerations of Δh; see also Saito: [0010], [0086-0087], [0114], [0126]). Regarding claim 3, Sugaya in view of Saito teaches the claimed invention as applied above, wherein modified Sugaya further teaches wherein the elevating mechanism includes a holder elevating mechanism for moving up and down the pad holder (see Figures 1, 2A, 2B, and 3; see at least sages 8, stage 10, spindle 16), the abrasion amount measurement member is configured to measure the amount of abrasion of the polishing pad based on information on a height of the pad holder when the pad holder is lowered by the holder elevating mechanism until the polishing pad contacts the surface (Sugaya: see [0031-0035]; see also [0040-0041] regarding the adjustment and calibration of the polishing supply pressure which takes place as a result of polishing pad consumption, wherein the polishing pressure is corrected; see also Figure 6 regarding Δh1 and Δh2, see also [0036] and [0040] regarding the considerations of Δh; see also calculating and storing of pressures in [0032-0033], and subsequent operation using the stored values disclosed in [0034-0036]). However, modified Sugaya in the referenced embodiment does not explicitly teach the reference surface is the surface to be polished of the substrate, and thus that the measuring takes places when the polishing pad contacts the surface to be polished of the substrate. However, Sugaya does specifically suggest using the load cell calculation element within the context of a wafer, i.e. the reference surface is the surface to be polished of the substrate, and the polishing pad contacts the surface to be polished of the substrate ( [0081]: Alternatively, if the rotary platen 5 has a configuration for placing a plurality of wafers W around the vertical rotation axis, one of them is used to incorporate the load cell 81 therein). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the apparatus of Sugaya to reflect that the reference surface is a wafer. This modification would have been obvious because Sugaya specifically suggests and calls for this alternative, and one would be motivated to do so because the configuration would provide an additional method of measuring while incorporating the ability to polish several wafers (see [0081] of Sugaya). Regarding claim 4, Sugaya in view of Saito teaches the claimed invention as applied above, wherein modified Sugaya further teaches wherein the abrasion amount measurement member is configured to compare information on a height of the pad holder with respect to a polishing pad as a reference with information on a height of the pad holder with respect to a polishing pad as a measurement object to measure the amount of abrasion of the polishing pad as the measurement object (see at least [0032-0035] describing setting the air supplied to the pressure chamber 31, which displaces the surface of the polishing pad in the vertical direction; see also [0036] disclosing Δh1 as the displacement amount of the drive ring 26 and the diaphragm 27; wherein [0040] discloses that as the polishing surface of the polishing pad 42 is worn, the downward deformation amount Δh increases; wherein [0043] discloses calibration is performed to correct the fluctuation of the polishing pressure due to the change in the deflection amount of the drive ring 26 and the diaphragm 27 caused by the decrease in the thickness, and the optimum polishing in which the polishing pressure becomes substantially constant throughout the polishing process). Regarding claim 7, Sugaya in view of Saito teaches the claimed invention as applied above, wherein modified Sugaya further teaches, wherein the elevating mechanism includes a bag member mounted to the pad holder, and the bag member is for moving up and down the polishing pad by expansion and contraction caused by inflow and outflow of a fluid (Sugaya: see at least pressure chamber 31 and diaphragm 27), and the abrasion amount measurement member includes a flowmeter configured to measure an amount of inflow of the fluid to the bag member, and the abrasion amount measurement member is configured to measure the amount of abrasion of the polishing pad based on the amount of inflow of the fluid to the bag member until the polishing pad contacts the reference surface (wherein [0026] discloses air is provided by air supply apparatus 51, wherein air supply apparatus receives an operation command signa;, and the pressure of the high pressure air supplied to the chamber 31 is detected by detector 72; see also [0032-0035], [0041-0043], [0051]). Regarding claim 8, Sugaya in view of Saito teaches the claimed invention as applied above, wherein modified Sugaya further teaches wherein the abrasion amount measurement member is configured to compare an amount of inflow of a fluid to the bag member with respect to a polishing pad as a reference with an amount of inflow of a fluid to the bag member with respect to a polishing pad as a measurement object to measure the amount of abrasion of the polishing pad as the measurement object (Sugaya: see at least [0032-0035] describing setting the air supplied to the pressure chamber 31, which displaces the surface of the polishing pad in the vertical direction; see also [0036] disclosing Δh1 as the displacement amount of the drive ring 26 and the diaphragm 27; wherein [0040] discloses that as the polishing surface of the polishing pad 42 is worn, the downward deformation amount Δh increases; wherein [0043] discloses calibration is performed to correct the fluctuation of the polishing pressure due to the change in the deflection amount of the drive ring 26 and the diaphragm 27 caused by the decrease in the thickness, and the optimum polishing in which the polishing pressure becomes substantially constant throughout the polishing process). Regarding claim 9, Sugaya in view of Saito teaches the claimed invention as applied above, wherein modified Sugaya further teaches wherein the abrasion amount measurement member is further configured to measure the amount of abrasion of the polishing pad based on a value correlated with a behavior of the elevating mechanism when the polishing pad rises from a state of the polishing pad contacting the reference surface by the elevating mechanism (Sugaya: see at least Figures 1, 2A, 2B, and 6), the elevating mechanism includes a bag member mounted to the pad holder, and the bag member is for moving up and down the polishing pad by expansion and contraction caused by inflow and outflow of a fluid (Sugaya: see at least pressure chamber 31 and diaphragm 27), and the abrasion amount measurement member includes a flowmeter configured to measure an amount of outflow of the fluid from the bag member, and the abrasion amount measurement member is configured to measure the amount of abrasion of the polishing pad based on an amount of outflow of the fluid when the bag member is contracted from the state of the polishing pad contacting the reference surface (Sugaya: see at least [0032-0035] describing setting the air supplied to the pressure chamber 31, which displaces the surface of the polishing pad in the vertical direction; see also [0036] disclosing Δh1 as the displacement amount of the drive ring 26 and the diaphragm 27; wherein [0040] discloses that as the polishing surface of the polishing pad 42 is worn, the downward deformation amount Δh increases; wherein [0043] discloses calibration is performed to correct the fluctuation of the polishing pressure due to the change in the deflection amount of the drive ring 26 and the diaphragm 27 caused by the decrease in the thickness, and the optimum polishing in which the polishing pressure becomes substantially constant throughout the polishing process; see also deflation discloses in at least [0033]; see also [0050-0051]). Regarding claim 10, Sugaya in view of Saito teaches the claimed invention as applied above, wherein modified Sugaya further teaches wherein the abrasion amount measurement member is configured to compare an amount of outflow of a fluid from the bag member with respect to a polishing pad as a reference with an amount of outflow of a fluid from the bag member with respect to a polishing pad as a measurement object to measure the amount of abrasion of the polishing pad as the measurement object (Sugaya: see at least [0032-0035] describing setting the air supplied to the pressure chamber 31, which displaces the surface of the polishing pad in the vertical direction; see also [0036] disclosing Δh1 as the displacement amount of the drive ring 26 and the diaphragm 27; wherein [0040] discloses that as the polishing surface of the polishing pad 42 is worn, the downward deformation amount Δh increases; wherein [0043] discloses calibration is performed to correct the fluctuation of the polishing pressure due to the change in the deflection amount of the drive ring 26 and the diaphragm 27 caused by the decrease in the thickness, and the optimum polishing in which the polishing pressure becomes substantially constant throughout the polishing process; see also deflation discloses in at least [0033]; see also [0050-0051]). Regarding claim 12, Sugaya in view of Saito teaches the claimed invention as applied above, wherein modified Sugaya further teaches wherein the elevating mechanism includes a holder elevating mechanism for moving up and down a pad holder for holding the polishing pad (Sugaya: see Figures 1, 2A, 2B, and 3; see at least stages 8, stage 10, spindle 16), the reference surface is a support surface of a supporting member for supporting the polishing pad swung to an outside of the table (see Figure 1 regarding load inspection table 80 having a load detection surface 81a configured to contact the surface of the polishing pad 42, see [0028]), the lowering step is configured to lower the pad holder by the holder elevating mechanism until the polishing pad contacts the support surface, and the measuring step is configured to measure the amount of abrasion of the polishing pad based on information on a height of the pad holder when the pad holder is lowered by the holder elevating mechanism until the polishing pad contacts the support surface (see at least calculating and storing of pressures in [0032-0033], and subsequent operation using the stored values disclosed in [0031-0035]; see also [0040-0041] regarding the adjustment and calibration of the polishing supply pressure which takes place as a result of polishing pad consumption, wherein the polishing pressure is corrected; see also Figure 6 regarding Δh1 and Δh2, see also [0036] and [0040] regarding the considerations of Δh; see also Saito: [0010], [0086-0087], [0114], [0126]). Regarding claim 13, Sugaya in view of Saito teaches the claimed invention as applied above, wherein modified Sugaya further teaches, wherein the elevating mechanism includes a holder elevating mechanism for moving up and down a pad holder for holding the polishing pad (Sugaya: see Figures 1, 2A, 2B, and 3; see at least sages 8, stage 10, spindle 16), the lowering step is configured to lower the pad holder by the holder elevating mechanism until the polishing pad contacts the surface to be polished of the substrate, and the measuring step is configured to measure the amount of abrasion of the polishing pad based on information on a height of the pad holder when the pad holder is lowered by the holder elevating mechanism until the polishing pad contacts the surface (Sugaya: see [0031-0035]; see also [0040-0041] regarding the adjustment and calibration of the polishing supply pressure which takes place as a result of polishing pad consumption, wherein the polishing pressure is corrected; see also Figure 6 regarding Δh1 and Δh2, see also [0036] and [0040] regarding the considerations of Δh; see also calculating and storing of pressures in [0032-0033], and subsequent operation using the stored values disclosed in [0034-0036]). However, Sugaya does specifically suggest using the load cell calculation element within the context of a wafer, i.e. the reference surface is the surface to be polished of the substrate, and the polishing pad contacts the surface to be polished of the substrate ( [0081]: Alternatively, if the rotary platen 5 has a configuration for placing a plurality of wafers W around the vertical rotation axis, one of them is used to incorporate the load cell 81 therein). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the apparatus of Sugaya to reflect that the reference surface is a wafer. This modification would have been obvious because Sugaya specifically suggests and calls for this alternative, and one would be motivated to do so because the configuration would provide an additional method of measuring while incorporating the ability to polish several wafers (see [0081] of Sugaya). Regarding claim 15, Sugaya in view of Saito teaches the claimed invention as applied above, wherein modified Sugaya further teaches wherein the elevating mechanism includes a bag member for moving up and down the polishing pad by expansion and contraction caused by inflow and outflow of a fluid (Sugaya: see at least pressure chamber 31 and diaphragm 27), the lowering step is configured to cause the fluid to flow in the bag member until the polishing pad contacts the reference surface, and the measuring step is configured to measure the amount of abrasion of the polishing pad based on an amount of inflow of the fluid to the bag member until the polishing pad contacts the reference surface (wherein [0026] discloses air is provided by air supply apparatus 51, wherein air supply apparatus receives an operation command signa;, and the pressure of the high pressure air supplied to the chamber 31 is detected by detector 72; see also [0032-0035], [0041-0043], [0051]). Regarding claim 16, Sugaya in view of Saito teaches the claimed invention as applied above, wherein modified Sugaya further teaches wherein the measuring step is further configured to measure the amount of abrasion of the polishing pad based on a value correlated with a behavior of the elevating mechanism when the polishing pad rises from a state of the polishing pad contacting the reference surface (Sugaya: see at least Figures 1, 2A, 2B, and 6, as well as [0031-0036], [0040-0043], [0050-0051]), the elevating mechanism includes a bag member for moving up and down the polishing pad by expansion and contraction caused by inflow and outflow of a fluid (Sugaya: see at least pressure chamber 31 and diaphragm 27), and the measuring step is configured to measure the amount of abrasion of the polishing pad based on an amount of outflow of the fluid from the bag member when the bag member is contracted from the state of the polishing pad contacting the reference surface (Sugaya: see at least [0032-0035] describing setting the air supplied to the pressure chamber 31, which displaces the surface of the polishing pad in the vertical direction; see also [0036] disclosing Δh1 as the displacement amount of the drive ring 26 and the diaphragm 27; wherein [0040] discloses that as the polishing surface of the polishing pad 42 is worn, the downward deformation amount Δh increases; wherein [0043] discloses calibration is performed to correct the fluctuation of the polishing pressure due to the change in the deflection amount of the drive ring 26 and the diaphragm 27 caused by the decrease in the thickness, and the optimum polishing in which the polishing pressure becomes substantially constant throughout the polishing process; see also deflation discloses in at least [0033]; see also [0050-0051]). Allowable Subject Matter Claims 5, 6, and 14 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims. The following is a statement of reasons for the indication of allowable subject matter: Regarding claims 5 and 14, the prior art does not anticipate, teach, or suggest measuring an amount of bulge of the bag member until the polishing pad contacts the reference surface based on an image taken by the imaging member to measure the amount of abrasion of the polishing pad based on the measured amount of bulge of the bag member. Claim 6 depends from claim 5 and thus is additionally indicated as including allowable subject matter herein. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to MAKENA S MARKMAN whose telephone number is (469)295-9162. The examiner can normally be reached Monday-Thursday 8:00 am-6:00pm. 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, David Posigian can be reached at 313-446-6546. 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. /MAKENA S MARKMAN/Primary Examiner, Art Unit 3723
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Prosecution Timeline

Nov 21, 2023
Application Filed
Apr 03, 2026
Non-Final Rejection mailed — §103, §112
Jul 02, 2026
Response Filed
Oct 16, 2026
Non-Final Rejection mailed — §103, §112 (current)

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2-3
Expected OA Rounds
60%
Grant Probability
98%
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3y 2m (~3m remaining)
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