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 .
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.
Claim Rejections - 35 USC § 102
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.
Claims 1-3, 6-8, and 18-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Akao et al (US PG Pub # 2021/0181033). The Akao reference discloses a temperature control system (Title) comprising:
a heater (40) arranged in each of a plurality of zones (para. # 0035);
at least one first temperature sensor (211) configured to be capable of operating in conjunction with at least one substrate (para. # 0037);
another temperature sensor (65, 66) aside from the at least one first temperature sensor (para. # 0035-0036); and
a controller (200) configured to be capable of controlling the heater (40) based on a temperature detected by either the at least one first temperature sensor (211) or the another temperature sensor (65,66), wherein the either the at least one first temperature sensor (211) or the another temperature sensor (65,66) is assigned to each of the plurality of zones (para. # 0030-0035 & 0043).
With respect to claim 2, the another temperature sensor includes at least a second temperature sensor (66) provided at a process space where the at least one substrate is processed (para. # 0036), and a third temperature sensor (65) provided in a vicinity of the heater (para. # 0035).
With respect to claim 3, further comprising a memory (202, 205) configured to store an assignment parameter that assigns any one of: (i) the at least one first temperature sensor, (ii) the second temperature sensor, and (iii) the third temperature sensor to each of the plurality of zones (Para. # 0031-0032 & 0071).
With respect to claim 6, Akao discloses processing a “plurality of substrates” (para. # 0022), and it appears that the placement of the temperature sensors would detect the temperature of the space between the substrates (para. # 0035-0036).
With respect to claim 7, it appears that the placement of temperature sensor 66 is configured to sense the temperature at the periphery of the substrate supports (para. # 0036).
With respect to claim 8, it appears that the height of at least two temperature sensors (65, 66, & 211) are located at the same or similar height (para. # 0035-0037).
With respect to claim 18, see paragraph # 0044.
With respect to claim 19, Akao reference discloses a substrate processing apparatus (para. # 0017) comprising:
a heater (40) arranged in each of a plurality of zones (para. # 0035);
a first temperature sensor (211) configured to be capable of operating in conjunction with a substrate (para. # 0035);
another temperature sensor (65, 66) aside from the first temperature sensor; and
a controller (200) configured to be capable of controlling the heater (40) based on a temperature detected by either the first temperature sensor (211) or the another temperature sensor (65, 66), wherein the either the first temperature sensor or the another temperature sensor is assigned to each of the plurality of zones (para. # 0030-0035 & 0043).
With respect to claim 20, the Akao reference discloses a non-transitory computer-readable recording medium storing a program (para. # 0031) that causes, by a computer (201), a substrate processing apparatus (para. # 0017), which includes a heater (40) arranged in each of a plurality of zones (para. # 0035), a first temperature sensor (211) configured to be capable of operating in conjunction with a substrate (para. # 0037), another temperature sensor (65,66) aside from the first temperature sensor, and a controller, to perform: enabling the controller to control the heater based on a temperature detected by either the first temperature sensor or the another temperature sensor, wherein the either the first temperature sensor or the another temperature sensor is assigned to each of the plurality of zones (para. # 0030-0035 & 0043).
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.
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 4, 5, and 9-17 are rejected under 35 U.S.C. 103 as being unpatentable over Akao et al (US PG Pub # 2021/0181033) in view of Yoshii et al (US PG Pub # 2012/0258415) or Yamaguchi (US PG Pub # 2009/0105867). The Akao reference dies not disclose that the controller is able to select the temperature sensor that it is monitoring to control the heater in each of the zones, but this would appear to be common sense to program the controller to select which temperature sensor was to be monitored based on which zone was to be controlled as suggest by the examples of the Yoshii reference (Abs.; Para. # 0035) or the Yamaguchi reference (para. # 0066 & 0085), and it would have been obvious to the ordinary practioner to modify the program of Akao to do the same to provide precise control of the heating of each substrate.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The other art cited but not applied shows the general state of the art.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RANDY W GIBSON whose telephone number is (571)272-2103. The examiner can normally be reached Tue-Friday 10AM-6PM.
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RANDY W. GIBSON
Primary Examiner
Art Unit 2856
/RANDY W GIBSON/Primary Examiner, Art Unit 2855
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