DETAILED ACTION
This action is responsive to Applicant’s reply filed 7/6/2026.
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 .
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.
Election/Restrictions
Applicant’s election of Species A1, B1, and C1 in the reply filed on 7/6/2026 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Applicant asserts claims 1, 3-4, 6-9, 12-15, and 18-19 read on the elected species, but the Examiner disagrees. Of the above claims:
Claim 4 recites a plurality of black and white wall strips, drawn to Species A2/A3 and B2/B3.
Claims 6, 12, and 18 recite a plurality of black wall strips, drawn to Species A2/A3.
Claims 7, 13, and 19 recite a plurality of white wall strips, drawn to Species B2/B3.
The Examiner agrees that claims 1, 3, 8-9, and 14-15 read on the elected Species.
In accordance with the above, and including the claims specifically non-elected by Applicant (claims 2, 5, 10-11, and 16-17), claims 2, 4-5, 6-7, 10-13, and 16-19 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to nonelected embodiments, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 7/6/2026.
Claim Status
Claims 1-19 are pending.
Claims 2, 4-5, 6-7, 10-13, and 16-19 are withdrawn.
Claims 1, 3, 8-9, and 14-15 are examined herein on the merits.
Specification
The Specification is objected to because: the title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
Particularly, the phrase: “with film uniformity improvement capabilities” does not refer to the technical aspects of the invention, but merely its alleged benefits. See MPEP 606. The Examiner suggests: WAFER PROCESSING APPARATUS.
Claim Interpretation
For clarity of the record, the Examiner notes the “relatively higher” and “relatively lower” limitations of claims 1, 8, and 14 are regarded as an intended use of the apparatus (ON state), since the apparatus in an OFF state would be substantially room temperature throughout.
Additionally, the Examiner notes the high and low emissivity limitations of claims 1, 8, and 14 do not imply or require any additional structure or material beyond simply being black or white, respectively. No structure or material is disclosed in the instant application that would provide these limitations with additional structure.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1, 3, 8, and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Imafuku (US Patent 6,074,518) in view of Devine (US Pub. 2005/0098553).
Regarding claim 1, Imafuku teaches a wafer processing apparatus (Fig. 31, entirety) comprising: a wafer support (Fig. 31, susceptor #5) provided with a heater for supporting and heating a wafer (Fig. 31, RF power supply #52 provides RF power to #5 that generates heat, supports/heats wafer W); a chamber for enclosing and processing the wafer (Fig. 31, chamber #2); a showerhead for providing a gas into the chamber (Fig. 31, gas distribution plate – see C18, L3-9); a pumping port for removing the gas from the chamber (Fig. 31, discharge pipe #41 with opening in chamber, connected to pump #45); a first wall (Figs. 31-32, left/bottom shutter plate #223) provided to the chamber and configured to partly encircle the wafer support (see Figs. 31-32); and a second wall (Figs. 31-32, right/top shutter plate) provided to the chamber and configured to partly encircle the wafer support (see Figs. 31-32).
Imafuku does not teach wherein the first wall and second wall are a black wall with a substantially high emissivity and a white wall with a substantially low emissivity, respectively.
However, Devine teaches first and second walls coated with a black and white paint (Devine – [0083]).
It would be obvious to one of ordinary skill in the art, before the effective filing date of the instant application, to apply the black/white coatings of Devine for surfaces inside the Imafuku apparatus in order to control heat absorption/reflection inside a chamber to improve heating uniformity while limiting undesired heat absorption (Devine – [0083]).
Regarding claim 3, Imafuku teaches a wall path configured to encircle the wafer support fully or partially (Figs. 31-32, shutters #223 arranged in a circular path to partially encircle the wafer support).
Regarding claim 8, Imafuku teaches a wafer processing apparatus (Fig. 31, entirety) comprising: a wafer support (Fig. 31, susceptor #5) provided with a heater for supporting and heating a wafer (Fig. 31, RF power supply #52 provides RF power to #5 that generates heat, supports/heats wafer W); a chamber for enclosing and processing the wafer (Fig. 31, chamber #2); a showerhead for providing a gas into the chamber (Fig. 31, gas distribution plate – see C18, L3-9); a pumping port for removing the gas from the chamber (Fig. 31, discharge pipe #41 with opening in chamber, connected to pump #45); a first wall (Figs. 31-32, left/bottom shutter plate #223) provided to the chamber and configured to partly encircle the wafer support (see Figs. 31-32); and a second wall (Figs. 31-32, right/top shutter plate) provided to the chamber and configured to partly encircle the wafer support (see Figs. 31-32), a wall path configured to encircle the wafer support fully or partially (Figs. 31-32, shutters #223 arranged in a circular path to partially encircle the wafer support), and a wall moving mechanism configured to move the first wall and the second wall along the wall path (Fig. 31, air cylinders #225 configured to raise/lower #223).
Imafuku does not teach wherein the first wall and second wall are a black wall with a substantially high emissivity and a white wall with a substantially low emissivity, respectively.
However, Devine teaches first and second walls coated with a black and white paint (Devine – [0083]).
It would be obvious to one of ordinary skill in the art, before the effective filing date of the instant application, to apply the black/white coatings of Devine for surfaces inside the Imafuku apparatus in order to control heat absorption/reflection inside a chamber to improve heating uniformity while limiting undesired heat absorption (Devine – [0083]).
Regarding claim 9, Imafuku teaches a linking material configured to link the wall moving mechanism and the first wall, and further configured to link the wall moving mechanism and the second wall (Fig. 31, shaft #224 connects #223 and #225).
Imafuku does not teach wherein the first wall and second wall are a black wall with a substantially high emissivity and a white wall with a substantially low emissivity, respectively.
However, Devine teaches first and second walls coated with a black and white paint (Devine – [0083]).
It would be obvious to one of ordinary skill in the art, before the effective filing date of the instant application, to apply the black/white coatings of Devine for surfaces inside the Imafuku apparatus in order to control heat absorption/reflection inside a chamber to improve heating uniformity while limiting undesired heat absorption (Devine – [0083]).
Claims 14-15 are rejected under 35 U.S.C. 103 as being unpatentable over Imafuku (US Patent 6,074,518) in view of Devine (US Pub. 2005/0098553) and Kashiwazaki (US Pub 2022/0367154).
Regarding claim 14, Imafuku teaches a wafer processing apparatus (Fig. 31, entirety) comprising: a wafer support (Fig. 31, susceptor #5) provided with a heater for supporting and heating a wafer (Fig. 31, RF power supply #52 provides RF power to #5 that generates heat, supports/heats wafer W); a chamber for enclosing and processing the wafer (Fig. 31, chamber #2); a showerhead for providing a gas into the chamber (Fig. 31, gas distribution plate – see C18, L3-9); a pumping port for removing the gas from the chamber (Fig. 31, discharge pipe #41 with opening in chamber, connected to pump #45); a first wall (Figs. 31-32, left/bottom shutter plate #223) provided to the chamber and configured to partly encircle the wafer support (see Figs. 31-32); and a second wall (Figs. 31-32, right/top shutter plate) provided to the chamber and configured to partly encircle the wafer support (see Figs. 31-32), a wall path configured to encircle the wafer support fully or partially (Figs. 31-32, shutters #223 arranged in a circular path to partially encircle the wafer support), and a wall moving mechanism configured to move the first wall and the second wall along the wall path (Fig. 31, air cylinders #225 configured to raise/lower #223).
Imafuku does not teach wherein the first wall and second wall are a black wall with a substantially high emissivity and a white wall with a substantially low emissivity, respectively.
However, Devine teaches first and second walls coated with a black and white paint (Devine – [0083]).
It would be obvious to one of ordinary skill in the art, before the effective filing date of the instant application, to apply the black/white coatings of Devine for surfaces inside the Imafuku apparatus in order to control heat absorption/reflection inside a chamber to improve heating uniformity while limiting undesired heat absorption (Devine – [0083]).
Modified Imafuku does not teach a controller configured to control the wall moving mechanism by at least one of a wired connection or a wireless connection.
However, Kashiwazaki teaches a controller configured to control the wall moving mechanism by at least one of a wired connection or a wireless connection (Kashiwazaki – [0047] and Fig. 1, control unit CNT controls movement mechanism #70).
It would be obvious to one of ordinary skill in the art, before the effective filing date of the instant application, to further modify the modified Imafuku apparatus to comprise the controller of Kashiwazaki in order to operate each aspect of the apparatus to perform a process recipe (Kashiwazaki – [0047]-[0048]).
Regarding claim 15, Imafuku teaches a linking material configured to link the wall moving mechanism and the first wall, and further configured to link the wall moving mechanism and the second wall (Fig. 31, shaft #224 connects #223 and #225).
Imafuku does not teach wherein the first wall and second wall are a black wall with a substantially high emissivity and a white wall with a substantially low emissivity, respectively.
However, Devine teaches first and second walls coated with a black and white paint (Devine – [0083]).
It would be obvious to one of ordinary skill in the art, before the effective filing date of the instant application, to apply the black/white coatings of Devine for surfaces inside the Imafuku apparatus in order to control heat absorption/reflection inside a chamber to improve heating uniformity while limiting undesired heat absorption (Devine – [0083]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Camm (US Patent 5,561,735) teaches using reflecting and absorbing surfaces for thermal directionality (at least Abstract). Timans (US Pub. 2005/0023267) teaches using black or white surfaces for emissivity control (at least [0044],[0045], [0066]). Vukovic (US Pub. 2017/0011975) teaches a heated stage with variable thermal emissivity via white/black apperances (at least [0032]).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Kurt Sweely whose telephone number is (571)272-8482. The examiner can normally be reached Monday - Friday, 9:00am - 5:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Gordon Baldwin can be reached at (571)-272-5166. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Kurt Sweely/Primary Examiner, Art Unit 1718
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