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 .
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: “a distribution pattern generating unit”, “a recording section”, “a distribution pattern selecting section” and “a processing unit” in claim 4.
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. As noticed in paragraph 0020-0021 and 0023-0024, the controller 100 is configured by a computer, and includes a central processing unit (CPU) that performs arithmetic processing according to a control program, a read only memory (ROM) that stores the control program and the like, a random access memory (RAM) that temporarily stores detected values, arithmetic processing results, and the like, an input interface, and an output interface (details of these are omitted in illustration). The controller 100 includes a distribution pattern generating section 110, a recording section 120, and a distribution pattern selecting section 130 which will be described later. The distribution pattern generating unit 9 is disposed in the vicinity of the alignment unit 7 in the Y-axis direction, and includes an optical system depicted in FIG. 2. The optical system is accommodated in the housing 2, and includes, for example, a laser oscillator 91 that emits a pulsed laser beam LB0 of such a wavelength as to be absorbed in the silicon substrate constituting the wafer W and to cause ablation, an attenuator 92 that adjusts the output of the pulsed laser beam LBO emitted by the laser oscillator 91, a beam expander 93 that converts a pulsed laser beam LB1 having been adjusted in output by the attenuator 92 into parallel light with a predetermined magnification, a reflective mirror 94 that reflects the pulsed laser beam LB1 applied from the beam expander 93, a condenser lens 95 that concentrates the pulsed laser beam LB1 having been changed in optical path by the reflective mirror 94; a condenser lens 96 that concentrates plasma light PB0 generated by the pulsed laser beam LB1 having been concentrated by the condenser lens 95 and applied to the wafer W, a diffraction grating 97 that spectrally disperses the plasma light PB0 having been concentrated by the condenser lens 96 into its components by wavelength, and a line sensor 98 that can receive spectra PB1 having been spectrally dispersed by wavelength by the diffraction grating 97 and can detect the light intensity by wavelength according to the positions. In the controller 100, the recording section 120 is disposed. The recording section 120 is a recording section that records the distribution patterns which are generated by the above-mentioned distribution pattern generating unit 9 and which are based on the wafer W and appropriate processing conditions for processing the wafer W in a linked manner, and that is configured by a physical memory. Further, the controller 100 includes the distribution pattern selecting section 130 that generates, by the above-mentioned distribution pattern generating unit 9, the distribution pattern according to the wafer W to be processed and collates the distribution pattern and the distribution patterns having been recorded in the recording section 120 to thereby select a distribution pattern having a degree of similarity in a predetermined range. As noticed in paragraph 0018, a cutting unit 8 including a cutting blade 81 disposed as a processing unit that applies cutting to the wafer W held on a holding surface 22a of the chuck table 22.
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 1-3 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.
In claim 1, the limitation “a pulsed laser beam”, in lines 17-18, is unclear if it is referring to the same pulsed laser beam recited in line 4, or a different pulsed laser beam.
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 1-6 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sakamoto (US 8,755,107).
Regarding claim 1, Sakamoto teaches a processing method for a workpiece (1), comprising: a distribution pattern generating step of applying, to the workpiece, such a pulsed laser beam (L) as to cause ablation to generate plasma light and generating a first distribution pattern including a wavelength and intensity of light intrinsic of a substance constituting the workpiece, according to the plasma light (abstract; Col. 6, lines 14-16; Col. 7, lines 27-31; Col. 8, lines 59-67; Col. 9, lines 1-14 and 38-67; Col. 10, lines 1-29; as shown in Fig. 10, 12 and 13); a processing condition setting step of finding and setting appropriate processing conditions for processing the workpiece (abstract; Col. 9, lines 32-49; as shown in Fig. 10, 12 and 13); a recording step of recording the first distribution pattern generated by the distribution pattern generating step and the processing conditions set by the setting step in a linked manner (abstract; Col. 9, lines 50-67; Col. 10, lines 1-4 and 22-48; as shown in Fig. 10, 12 and 13); a distribution pattern selecting step of applying, to the workpiece to be processed, such a pulsed laser beam as to generate ablation to thereby generate plasma light, generating a second distribution pattern including a wavelength and intensity of light intrinsic of the substance constituting the workpiece, according to the plasma light (Col. 6, lines 14-16; Col. 7, lines 27-31; Col. 8, lines 59-67; Col. 9, lines 1-14 and 38-67; Col. 10, lines 1-29; as shown in Fig. 10, 12 and 13), and collating the second distribution pattern and the first distribution pattern recorded in the recording step to thereby select a third distribution pattern having a degree of similarity in an allowable range (Col. 1, lines 54-67; Col. 2, lines 1-6; Col. 10, lines 30-40; Col. 11, lines 39-50; Col. 12, lines 52-67); and a processing step of processing the workpiece in reference to processing conditions linked to the third distribution pattern selected in the distribution pattern selecting step (Col. 1, lines 54-67; Col. 2, lines 1-6; Col. 8, lines 37-43; Col. 9, lines 23-31; Col. 10, lines 30-48; as shown in Fig. 10, 12 and 13).
Regarding claim 2, Sakamoto teaches the processing method for the workpiece according to claim 1, wherein the workpiece is a plate-shaped workpiece (as shown in Fig. 1-8).
Regarding claim 3, Sakamoto teaches the processing method for the workpiece according to claim 1, wherein, in the distribution pattern generating step, the pulsed laser beam is applied to an unnecessary part of the workpiece (Col. 5, lines 1-28 and 39-51).
Regarding claim 4, Sakamoto teaches a processing apparatus (100, 300; Fig. 1, 8 and 10) for a workpiece (1), comprising: a distribution pattern generating unit that
applies, to the workpiece, such a pulsed laser beam (L) as to cause ablation to generate plasma light and generate a first distribution pattern including a wavelength and intensity of light intrinsic of a substance constituting the workpiece, according to the plasma light (abstract; Col. 6, lines 14-16; Col. 7, lines 27-31; Col. 8, lines 59-67; Col. 9, lines 1-14 and 38-67; Col. 10, lines 1-29; as shown in Fig. 10, 12 and 13); a recording section that records the first distribution pattern of the workpiece generated by the distribution pattern generating unit and appropriate processing conditions for processing the workpiece in a linked manner (abstract; Col. 9, lines 50-67; Col. 10, lines 1-4 and 22-48; as shown in Fig. 10, 12 and 13); a distribution pattern selecting section that generates a second distribution pattern of the workpiece to be processed by the distribution pattern generating unit (Col. 6, lines 14-16; Col. 7, lines 27-31; Col. 8, lines 59-67; Col. 9, lines 1-14 and 38-67; Col. 10, lines 1-29; as shown in Fig. 10, 12 and 13) and collates the second distribution pattern and the first distribution pattern recorded in the recording section to thereby select a third distribution pattern having a degree of similarity in an allowable range (Col. 1, lines 54-67; Col. 2, lines 1-6; Col. 10, lines 30-40; Col. 11, lines 39-50; Col. 12, lines 52-67); and a processing unit that processes the workpiece in reference to processing conditions linked to the third distribution pattern selected by the distribution pattern selecting section (Col. 1, lines 54-67; Col. 2, lines 1-6; Col. 8, lines 37-43; Col. 9, lines 23-31; Col. 10, lines 30-48; as shown in Fig. 10, 12 and 13).
Regarding claim 5, Sakamoto teaches the processing apparatus for the workpiece according to claim 4, wherein the workpiece is a plate-shaped workpiece (as shown in Fig. 1-8).
Regarding claim 6, Sakamoto teaches the processing apparatus for the workpiece according to claim 4, wherein the distribution pattern generating unit is means for applying the pulsed laser beam to an unnecessary part of the workpiece (Col. 5, lines 1-28 and 39-51).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. SEKIYA (US 2021/0339358) is considered relevant art in the field of wafer processing, as shown in Fig. 1, comprising generating several patterns (abstract; as shown in Fig. 4; para. 0050), setting processing conditions (abstract; as shown in Fig. 4; para. 0053-0054), recording patterns (abstract; as shown in Fig. 4; para. 0053-0054), selecting patterns (abstract; para. 0046; 0059), and processing according to selected pattern (abstract)…but it fails to disclose applying a pulsed laser beam to cause ablation, and collating the second distribution pattern and the first distribution pattern recorded in the recording step to thereby select a third distribution pattern having a degree of similarity in an allowable range; and a processing step of processing the workpiece in reference to processing conditions linked to the third distribution pattern selected in the distribution pattern selecting step. NOMURA (US 2023/0278125) is also considered relevant art in the field of wafer laser processing comprising: a distribution pattern generating step of applying, to the workpiece, such a pulsed laser beam (21) as to cause ablation to generate plasma light and generating a first distribution pattern including a wavelength and intensity of light intrinsic of a substance constituting the workpiece, according to the plasma light (abstract; para. 0026; 0028; 0036); a processing condition setting step of finding and setting appropriate processing conditions for processing the workpiece (para. 0045); a recording step of recording the first distribution pattern generated by the distribution pattern generating step and the processing conditions set by the setting step in a linked manner (abstract; para. 0047-0049); a distribution pattern selecting step of applying, to the workpiece to be processed, such a pulsed laser beam as to generate ablation to thereby generate plasma light, generating a second distribution pattern including a wavelength and intensity of light intrinsic of the substance constituting the workpiece, according to the plasma light (abstract; para. 0026; 0028; 0036)…but fails to disclose collating the second distribution pattern and the first distribution pattern recorded in the recording step to thereby select a third distribution pattern having a degree of similarity in an allowable range; and a processing step of processing the workpiece in reference to processing conditions linked to the third distribution pattern selected in the distribution pattern selecting step.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALBA T ROSARIO-APONTE whose telephone number is (571)272-9325. The examiner can normally be reached M to F; 8am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Steven Crabb can be reached at 571-270-5095. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ALBA T ROSARIO-APONTE/Examiner, Art Unit 3761 09/16/2026
/ELIZABETH M KERR/Primary Examiner, Art Unit 3761
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