DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Election/Restrictions
Applicant’s election of Group I, claims 1-7, in the reply filed on 18 June 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)).
Claims 8-9 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 18 June 2026.
Claim Rejections - 35 USC § 102
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 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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(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) 1-5 and 7 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by JP 2006-100607 A to Matsumoto et al. (“Matsumoto”).
Regarding claims 1-5 and 7, Matsumoto (in Fig. 4 and associated text) discloses a cover assembly, for cleaning a rotating body used in a polishing apparatus, the cover assembly comprising:
a cover cleaning part (8), covering at least a portion of an outer peripheral surface of the rotating body, and comprising:
an outer cover part (portion of 8 outside of fluid chamber 25 in Fig. 4), constituting an outer surface of the cover cleaning part;
an inner cover part (portion of 8 inside fluid chamber 25 in Fig. 4), constituting at least a portion of an inner surface of the cover cleaning part;
a fluid chamber (25), formed between the outer cover part and the inner cover part; and
a cleaning liquid supply port (25b), provided in the outer cover part or the inner cover part, communicating with the fluid chamber, and for supplying a cleaning liquid to the fluid chamber, wherein
the inner cover part comprises at least one cleaning liquid discharge port (25a) communicating with the fluid chamber and facing the outer peripheral surface of the rotating body,
wherein the at least one cleaning liquid discharge port comprises a plurality of cleaning liquid discharge ports; and the plurality of cleaning liquid discharge ports are arranged along a circumferential direction of the inner cover part (see plural discharge portions in Figs. 1-2),
wherein the at least one cleaning liquid discharge port is arranged below a limit height that is set within the outer peripheral surface of the rotating body and that allows contact with liquid (see Fig. 4; note discharge portion 25 below a height of rotating body 7),
wherein the at least one cleaning liquid discharge port is arranged below the cleaning liquid supply port (see Fig. 4),
wherein the cover cleaning part covers an entire circumference of the outer peripheral surface of the rotating body; and the at least one cleaning liquid discharge port is arranged to face the entire circumference of the outer peripheral surface of the rotating body (see Figs. 1-4),
wherein the rotating body is a polishing head for pressing a substrate against a polishing surface (see abstract and Fig. 4).
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.
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.
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Matsumoto.
Matsumoto, supra, discloses the claimed invention including the cover assembly having cover members. Matsumoto does not expressly disclose the cover members being removable. The position is taken that it would have been obvious to one having ordinary skill in the art at the time of effective filing to form the cover member(s) as being separable, since it has been held that making integral structures separate or removable for their intended purpose involves only routine skill in the art. See MPEP § 2144.04(V)(C) regarding Obviousness and Making Separable.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 10,576,604 to Shinozaki et al., which discloses cleaning a polishing unit.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSEPH L PERRIN whose telephone number is (571)272-1305. The examiner can normally be reached M-F 7:30-4:00.
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, Michael E. Barr can be reached at 571-272-1414. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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Joseph L. Perrin, Ph.D.
Primary Examiner
Art Unit 1711
/Joseph L. Perrin/Primary Examiner, Art Unit 1711
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