Prosecution Insights
Last updated: July 17, 2026
Application No. 18/588,318

IN-SITU VARIABLE TEMPERATURE BOW METROLOGY

Non-Final OA §103
Filed
Feb 27, 2024
Examiner
SADATE-MOUALEU, MIREILLE SANDRA
Art Unit
2855
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Tokyo Electron Limited
OA Round
2 (Non-Final)
91%
Grant Probability
Favorable
2-3
OA Rounds
7m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 91% — above average
91%
Career Allowance Rate
40 granted / 44 resolved
+22.9% vs TC avg
Moderate +10% lift
Without
With
+10.5%
Interview Lift
resolved cases with interview
Typical timeline
2y 12m
Avg Prosecution
15 currently pending
Career history
51
Total Applications
across all art units

Statute-Specific Performance

§103
82.6%
+42.6% vs TC avg
§102
7.6%
-32.4% vs TC avg
§112
9.8%
-30.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 44 resolved cases

Office Action

§103
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 Amendment Applicant has amended the independent claims 1 and 12 to add new issues which require additional search consideration. The corresponding new rejections are shown below. 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. 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. Claims 1, 3, 5, 7-19 are rejected under 35 U.S.C. 103 as being unpatentable over Kulp (US 20080083731 A1) in view of Fulford et al (US 20230251584 A1) and in further view of Yu et al (US 20140097175 A1). Regarding claim 1, Kulp discloses in figures 1-5 a measurement device (module 10), comprising: a measurement vessel (Not mentioned but shown in figs. 2A to 2D, structure underneath hot plate (14)) providing an enclosed space (Figs. 2A to 2D) for a wafer (66) to be placed therein; a plurality of pins (50) provided in the measurement vessel (Not mentioned but shown in figs. 2A to 2D, structure underneath hot plate (14)) for the wafer (66) to rest thereon, the pins (50) configured to be raised to a first position (para [0024] and Fig.2A) and lowered to a second position (para [0024] and Fig.2A); a heater (56, 58, 60) configured to control the enclosed space (Figs. 2A to 2D) to reach a first temperature (ex: set temperatures) elevated from a second temperature (ex: set temperatures); the wafer (66) rests on the pins and the pins are raised to the first position (Figs.2A-2D). Kulp fails to explicitly disclose a bow measurement device configured to measure to identify a bow. Fulford teaches a bow measurement device (210) configured to measure to identify a bow (para [0011]). It would have been obvious to one of ordinary skill, in the art before the effective filing date of the claimed invention, incorporate a bow measurement device as taught by Fulford in Kulp’s apparatus to heat a semiconductor wafer (module 10) because this will optimize the quality of the wafer and provide real-time process control for thermal stress. Kulp and Fulford fail to explicitly a thermally conductive material. Yu teaches a thermally conductive material (ex: materials; Figs. 1-4B). It would have been obvious to one of ordinary skill, in the art before the effective filing date of the claimed invention, to manufacture Kulp and Fulford measurement vessel using thermally conductive materials as taught by Yu because this help achieve a uniform temperature distribution on the wafer. Regarding claim 3, Kulp discloses the measurement device (module 10), wherein the measurement vessel (Not mentioned but shown in figs. 2A to 2D, structure underneath hot plate (14)) includes a plate (Not labelled but shown in figs. 2A to 2D, flat surface underneath hot plate (14)) and a wall (Not labelled but shown in figs. 2A to 2D, side structures on each side of hot plate (14)) that are connected to each other to form the enclosed space (figs. 2A to 2D), and the heater (56, 58, 60) is thermally coupled to the plate (Not labelled but shown in figs. 2A to 2D, flat surface underneath hot plate (14)) and/or the wall (Not labelled but shown in figs. 2A to 2D, side structures on each side of hot plate (14)) and configured to control the plate (Not labelled but shown in figs. 2A to 2D, flat surface underneath hot plate (14)) and/or the wall to reach the first temperature (ex: set temperature). Regarding claim 5, Kulp discloses the measurement device (module 10), wherein the heater (56, 58, 60) is thermally coupled to the plate (Not labelled but shown in figs. 2A to 2D, flat surface underneath hot plate (14)) and configured to control the plate (Not labelled but shown in figs. 2A to 2D, flat surface underneath hot plate (14)) to reach the first temperature (ex: set temperature). Regarding claim 7, Kulp discloses the measurement device (module 10), wherein the heater (56, 58, 60) is configured to send electrical charges (para [0025]; Kulp) through the pins (50) to the wafer (60) to heat up the wafer (66) to the first temperature (ex: set temperature). Regarding claim 8, Kulp discloses the measurement device (module 10); the wafer (66); when the enclosed space (Figs. 2A to 2D) reaches the first temperature (ex: set temperature) Kulp is silent on wherein the bow measurement device is configured to measure, to identify the bow. Fulford teaches the bow measurement device (210) is configured to measure (para [0027]) to identify the bow (see Fig. 1A to 1C). It would have been obvious to one of ordinary skill, in the art before the effective filing date of the claimed invention, incorporate a bow measurement device as taught by Fulford in Kulp’s apparatus to heat a semiconductor wafer (module 10) because this will optimize the quality of the wafer and provide real-time process control for thermal stress. Regarding claim 9, Kulp discloses the measurement device (module 10); the wafer (66) when the enclosed space (Figs. 2A to 2D) is at the second temperature (ex: set temperature). Kulp is silent on wherein the bow measurement device is configured to measure, to identify the bow. Fulford teaches the bow measurement device (210) is configured to measure (para [0027]) to identify the bow (see Fig. 1A to 1C). It would have been obvious to one of ordinary skill, in the art before the effective filing date of the claimed invention, incorporate a bow measurement device as taught by Fulford in Kulp’s apparatus to heat a semiconductor wafer (module 10) because this will optimize the quality of the wafer and provide real-time process control for thermal stress. Regarding claim 10, Kulp discloses the measurement device (module 10), wherein the wafer (66) is in contact with the measurement vessel (Not mentioned but shown in figs. 2A to 2D, structure underneath hot plate (14)) when the pins (50) are lowered to the second position (figs. 2A to 2D). Regarding claim 11, Kulp discloses the measurement device (module 10), wherein the wafer (66) is in no contact with the measurement vessel (Not mentioned but shown in figs. 2A to 2D, structure underneath hot plate (14)) when the pins (50) are raised to the first position (figs. 2A to 2D). Regarding claim 12, Kulp discloses a method (method of heating a semiconductor wafer) of operating a measurement device (module 10), the measurement device (module 10) comprising: a measurement vessel (Not mentioned but shown in figs. 2A to 2D, structure underneath hot plate (14)) providing an enclosed space (Figs. 2A to 2D) for a wafer (66) to be placed therein; a plurality of pins (50) provided in the measurement vessel (Not mentioned but shown in figs. 2A to 2D, structure underneath hot plate (14)) for the wafer (66) to rest thereon, the pins (50) configured to be raised to a first position (Figs. 2A to 2D) and lowered to a second position (Figs. 2A to 2D); a heater (56, 58, 60) configured to control the enclosed space (Figs. 2A to 2D) to reach a first temperature (ex: set temperature) elevated from a second temperature (set temperature); when the wafer (66) rests on the pins (50) and the pins (50) are raised to the first position (para [0024] and Fig.2A), the method comprising: resting the wafer (66) on the pins (50), the pins (50) being lowered in the second position (para [0024] and Fig.2A); raising the pins (50) to the first position (para [0024] and Fig.2A); using the heater (56, 58, 60) to control the enclosed space (Figs. 2A to 2D) to reach the first temperature (ex: set temperature); and measuring the wafer (66); the wafer (66) at the first temperature (ex: set temperature). Kulp fails to explicitly disclose a bow measurement device configured to measure, to identify. Fulford teaches a bow measurement device (210) configured to measure to identify a bow (para [0011]). It would have been obvious to one of ordinary skill, in the art before the effective filing date of the claimed invention, incorporate a bow measurement device as taught by Fulford in Kulp’s apparatus to heat a semiconductor wafer (module 10) because this will optimize the quality of the wafer and provide real-time process control for thermal stress. Regarding claim 13, Kulp discloses the method (method of heating a semiconductor wafer), wherein the pins (50) are raised to the first position (para [0024] and Fig.2A) before the heater (56, 58, 60) is used to control (ex: a series of controllable heating elements; Kulp) the enclosed space (Figs. 2A to 2D)) to reach the first temperature (ex: set temperature; Kulp). Regarding claim 14, Kulp discloses the method (method of heating a semiconductor wafer), wherein the pins (50) are raised to the first position (para [0024] and Fig.2A) after the heater (56, 58, 60) is used to control (ex: a series of controllable heating elements) the enclosed space (Figs. 2A to 2D) to reach the first temperature (set temperature). Regarding claim 15, Kulp discloses the method (method of heating a semiconductor wafer), further comprising: measuring the wafer (66); the second temperature (set temperature). Kulp fails to explicitly disclose using the bow measurement device (210), to identify a second bow (Figs. 1A-1C). Fulford teaches using the bow measurement device (210) to identify a second bow (see Fig. 1A to 1C; sub-bow). It would have been obvious to one of ordinary skill, in the art before the effective filing date of the claimed invention, incorporate a bow measurement device as taught by Fulford in Kulp’s apparatus to heat a semiconductor wafer (module 10) because this will optimize the quality of the wafer and provide real-time process control for thermal stress. Regarding claim 16, Kulp discloses the method (method of heating a semiconductor wafer), wherein the wafer (66) is measured; at the second temperature (set temperature) before the wafer (66) is measured; at the first temperature (set temperature). Kulp fails to explicitly disclose to identify the second bow (ex: sub-bow); to identify the first bow (Fig. 1A). Fulford teaches to identify the second bow (ex: sub-bow); to identify the first bow (Fig. 1A). The motivation for identifying different bows at different temperatures would be the same as the one stated above. Regarding claim 17, Kulp discloses the method (method of heating a semiconductor wafer), further comprising: lowering the pins (50) to the second position (para [0024] and Fig.2A) after the wafer (66) is measured; wherein the heater (56, 58, 60) is used to control the enclosed space (Figs. 2A to 2D) to reach the first temperature (set temperature) when the pins (50) are lowered to the second position (para [0024] and Fig.2A). Kulp fails to explicitly disclose to identify the second bow (Figs. 1A to 1C; sub-bow). Fulford teaches to identify the second bow (ex: sub-bow) The motivation for identifying a second bow would be the same as the one stated above. Regarding claim 18, Kulp discloses the method (method of heating a semiconductor wafer), further comprising: raising the pins (50) to the first position (para [0024] and Fig.2A) after the heater (56, 58, 60) is used to control (ex: a series of controllable heating elements) the enclosed space (Figs. 2A to 2D) to reach the first temperature (set temperature). Regarding claim 19, Kulp discloses the method (method of heating a semiconductor wafer), wherein the wafer (66) is in contact (Examiner notes wafer (66) does not appear to rest directly on the structure below hot plate (14) however, they are in contact indirectly) with the measurement vessel (Not mentioned but shown in figs. 2A to 2D, structure underneath hot plate (14)) when the pins (50) are lowered to the second position (para [0024] and Fig.2A). Claims 2, 4, 6 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Kulp in view of Fulford et al and Yu and in further view of Nishide et al (US 20180337076 A1). Regarding claim 2, Kulp as modified discloses the measurement device (module 10), the measurement vessel (Not mentioned but shown in figs. 2A to 2D, structure underneath hot plate (14)) further includes one or more vents (48, 42, 20); (Figs. 2A to 2D); enclosed space (figs. 2A to 2D). The combination of Kulp, Fulford and Yu fail to explicitly disclose gas to flow therethrough into/out. Nishide teaches gas (Nitrogen gas) to flow therethrough into/out (Abstract). It would have been obvious to one of ordinary skill, in the art before the effective filing date of the claimed invention, to use Kulp as modified apparatus to heat a semiconductor wafer with Nitrogen gas as taught by Nishide because this will provide a stable heating environment and prevent contamination. Regarding claim 4, Kulp as modified discloses the measurement device (module 10), wherein the measurement vessel (Not mentioned but shown in figs. 2A to 2D, structure underneath hot plate (14)) further includes one or more vents (48) formed in the plate (Not labelled but shown in figs. 2A to 2D, flat surface underneath hot plate (14)); enclosed space (figs. 2A to 2D). The combination of Kulp, Fulford and Yu fail to explicitly disclose gas to flow therethrough into/out. Nishide teaches gas (Nitrogen gas) to flow therethrough into/out (Abstract). It would have been obvious to one of ordinary skill, in the art before the effective filing date of the claimed invention, to use Kulp as mofidied apparatus to heat a semiconductor wafer with Nitrogen gas as taught by Nishide because this will provide a stable heating environment and prevent contamination. Regarding claim 6, Kulp as modified discloses the measurement device (module 10), wherein the measurement vessel (Not mentioned but shown in figs. 2A to 2D, structure underneath hot plate (14)) further includes one or more vents (48) formed in the plate (Not labelled but shown in figs. 2A to 2D, flat surface underneath hot plate (14)); enclosed space (figs. 2A to 2D). Kulp as modified fails to explicitly disclose gas to flow therethrough into/out. Nishide teaches gas (Nitrogen gas) to flow therethrough into/out (Abstract). It would have been obvious to one of ordinary skill, in the art before the effective filing date of the claimed invention, to use Kulp as modified apparatus to heat a semiconductor wafer with Nitrogen gas as taught by Nishide because this will provide a stable heating environment and prevent contamination. Regarding claim 20, Kulp as modified disclose a method (method of heating a semiconductor wafer), wherein the measurement vessel (Not mentioned but shown in figs. 2A to 2D, structure underneath hot plate (14)) includes one or more vents (48); the enclosed space (figs. 2A to 2D), Kulp as modified fails to explicitly disclose gas to flow therethrough into/out from and flowing the gas through. Nishide teaches gas (Nitrogen gas) to flow therethrough into/out (Abstract) and flowing the gas through (para [0064]). It would have been obvious to one of ordinary skill, in the art before the effective filing date of the claimed invention, to use Kulp as modified apparatus to heat a semiconductor wafer with Nitrogen gas as taught by Nishide because this will provide a stable heating environment and prevent contamination. Conclusion Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to MIREILLE SANDRA SADATE-MOUALEU whose telephone number is (571)272-2862. The examiner can normally be reached Mon-Fri 0730-1700. 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, Peter Macchiarolo can be reached at 571-272-2375. 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. /MIREILLE S SADATE-MOUALEU/Examiner, Art Unit 2855 /PETER J MACCHIAROLO/Supervisory Patent Examiner, Art Unit 2855
Read full office action

Prosecution Timeline

Feb 27, 2024
Application Filed
Feb 24, 2026
Non-Final Rejection mailed — §103
Feb 27, 2026
Interview Requested
Mar 11, 2026
Applicant Interview (Telephonic)
Mar 17, 2026
Response Filed
Mar 26, 2026
Examiner Interview Summary
Apr 23, 2026
Final Rejection mailed — §103
Jun 18, 2026
Response after Non-Final Action

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Prosecution Projections

2-3
Expected OA Rounds
91%
Grant Probability
99%
With Interview (+10.5%)
2y 12m (~7m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 44 resolved cases by this examiner. Grant probability derived from career allowance rate.

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