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 without traverse of apparatus claims in the reply filed on 5/4/26 is acknowledged.
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 1-13, 25-27 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.
The limitation of “wherein the width Sd is equal to or less than a predetermined value to prevent from laterally spreading a deformation caused by a downward force applied thereto” in claim 1 is vague and indefinite. The term “a predetermined value” is a relative term which renders the claim indefinite. The term “a predetermined value” is not defined by the claim 1, and one of ordinary skill in the art would not be reasonably apprised of the scope of the width Sd.
Claims 2-13 are rejected for depending on rejected claim 1.
With respect to claim 8, the limitation “the pad base has a thickness Th ranging from about 0 to 3 mm” is indefinite because it would include a thickness value of 0, which is not possible since a pad base is required by claim 8 by the limitation of “wherein the segments protruding over the pad base.”
With respect to claim 9, similar to claim 8 above, a ratio of Th/Sh of about 0 to 10 would include a thickness value of 0, which is not possible since claim 8 requires a pad base.
Claim 25 is indefinite because a ratio of Th/Sh of about 0 to 10 would include a thickness value of 0, which is not possible since claim 25 requires a pad base by the limitation “a chemical mechanical polishing device comprising: a pad base, wherein the pad base has a thickness Th.”
Claims 26 and 27 are rejected for depending on rejected claim 25.
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.
Claim(s) 1, 2, 4, 7-10, 12, 13, 25-27 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Krishnan et al. (US 9,421,666)
With respect to claims 1, 2, 4, 7, 12, 13 Krishnan discloses a CMP apparatus comprising a platen 16, a polishing pad, which comprises of a backing layer/pad base 20, a porous polishing layer 22 made of polyurethane, polyetherimide, having a plurality of pores/voids formed therein and a plurality of plateaus or claimed segments between grooves 26 with lateral width of the plateaus at about 0.1 to 2.5 mm, a hardness of about 40 to 80 on the Shore D scale (col. 4; col. 5, lines 29, 30; fig 1C). Any width in the range 0.1mm to 2.5mm being used would be the maximum width. The plateaus or claimed segments would prevent laterally spreading a deformation caused by a downward force because the plateaus have a same width as that of the claimed invention, which is less than about 5mm and substantially in the range of about 0.5 to about 5 mm and the polishing layer is made of the same material such as polyurethane, polyetherimide
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With respect to claims 8, 9, and 25, the depth of the grooves 26 is from 0.5 to 1 mm (col. 4, line 67-col. 5, line 1), which would also provide the height of the plateaus/segments between the grooves. The backing layer 20 has a same thickness as the polishing layer 22, which is 80 mils or less or about 2 mm or less, e.g. 50 mils (col. 4, lines 29-33; col. 5, lines 7-9). For example at 50 mils or 1.27mm of polishing layer 22 thickness Th and a height of the grooves/segments Sh at 1mm, it would provide a ratio of Th/Sh at 1.27.
With respect to claims 10, 26 since the grooves 26 can have a patterns such as concentric circles, straight lines, cross-hatched (col. 4, lines 52-55), the plateaus between the grooves would have a circular, square, rectangular bottom or top surface.
With respect to claim 27, the porous polishing layer 22 is made of polyurethane, polyetherimide (col. 4, lines 5-10).
Claim(s) 1, 2, 4, 7, 10, 13 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Hou et al. (US 2023/0398659A1).
With respect to claims 1, 2, 4, 7, 13 Hou describes a cmp apparatus comprising: a platen 102, a polishing pad 104, which comprises of pores and protrusions 202A, 202B, 202C, 202D or claimed discrete segments formed on a polishing pad substrate 200/sub pad/pad base and grooves between the protrusions (para 19, 26, 28, 39; fig. 5-8). The protrusions have a width of about 20um (0.02mm) to about 5000um (5mm) (para 39). Any width in the range 20um-5000um being used would be the maximum width, in which the width range is substantially the same as that of claimed predetermined value for a maximum width Sd of about 5mm or less. The protrusion would prevent laterally spreading a deformation caused by downward force because the protrusions have a same maximum width as that of the claimed invention of 5mm or less and the pad is made up of the same material such as polyurethane (para 19).
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With respect to claim 10, the protrusions 202 have circle-shape, grid shaped structures (e.g. rectangular prisms), triangle, pentagon, octagon or the like (para 63-66; fig. 17-20).
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Claim(s) 3, 5 is/are rejected under 35 U.S.C. 102(a1) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Hou as applied to claim 1 above.
With respect to claims 3 and 5, The protrusions have a width of about 20um (0.02mm) to about 5000um (5mm) (para 39), which is substantially identical to and anticipates claimed range of about 0.5mm to about 5mm and the grooves have a width ranging from about 1um (0.001mm) to about 5000 um (5mm) (para 51), which is substantially identical to and anticipates claimed range of about 0.2mm to about 5mm. In alternative, one skilled in the art would find it obvious before the effective filing date of the invention to use claimed ranges for the width of the protrusions and grooves as they are fully encompassed by Hou’s ranges to provide a polishing pad with expected results.
Claim(s) 3 is/are rejected under 35 U.S.C. 102(a1) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Krishnan as applied to claim 1 above.
With respect to claim 3, The plateaus have a width of about 0.1 to 2.5 mm (col. , lines 60-62), which is substantially identical to and anticipates claimed range of about 0.5mm to about 5mm. In alternative, one skilled in the art would find it obvious before the effective filing date of the invention to use claimed ranges for the width of the plateaus as they are fully encompassed by Krishnan’s range to provide a polishing pad with expected results.
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.
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Krishnan as applied to claim 1 above.
With respect to claim 11, the particles with hollow core forming pores in the polishing layer have sizes including those less than 10um (col. 2, lines 60-65) and pores/voids have size of 50-100 um wide (col. 4, lines 29-33)., which overlaps pores have a size about 5um to about 50um. Overlapping ranges are held obvious. See MPEP 2144.05. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990). Therefore, one skill in the art would find it obvious before the effective filing date of the invention to use claimed ranges to provide a pores size for the polishing layer with expected results.
Claim(s) 5, 6, 21-24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Krishnan as applied to claims 1 and 4 above, and further in view of Hou et al. (US 2023/0398659A1).
With respect to claim 5, Krishnan doesn’t describe the grooves have a width between the plateaus ranging from about 0.2 mm to about 5 mm. Hou teaches a cmp polishing pad having a same structure of grooves between protrusions and the grooves have a width ranging from about 1um (0.001mm) to about 5000 um (5mm) (para 51), which is substantially the same as that of the claimed range. It would have been obvious for one skilled in the art before the effective filing date of the invention to provide the groove width in light of Hou in a range such as about 0.2mm to about 5mm because Hou teaches such groove width has been successfully used to provide a polishing pad that improves thickness control for the polished wafer such as wafer thickness uniformity, a more even distribution of the slurry across the surface of the pad, and more even zone-to-zone downforce setting applied to the wafer (para 52).
With respect to claims 6, 21, 22, 23, Krishnan teaches a plurality of plateaus or claimed segments between grooves 26 with lateral width of about 0.1 to 2.5 mm (col. 4, lines 60-62). Hou teaches the protrusions have a width of about 20um (0.02mm) to about 5000um (5mm) (para 39). These width ranges are substantially identical to claimed range of maximum width Sd for the protrusions/segments of about 0.5mm to about 5mm. Hou further teaches the grooves have a width ranging from about 1um (0.001mm) to about 5000 um (5mm) (para 51), which is substantially identical to claimed range of about 0.2mm to about 5mm. Therefore, a ratio between a maximum width of the protrusion and the groove width of about 0.2 to about 5 would be fully encompassed and obvious by the teaching of Krishnan and Hou because the protrusions and the grooves width are the same as that of the claimed invention and Hou further teaches features including dimensions can be varied (para 54). This would provide a polishing pad having dimensions of the grooves and plateaus/segment between the grooves with expected results.
With respect to claim 24 since Krishnan teaches the grooves 26 can have a patterns such as concentric circles, straight lines, cross-hatched (col. 4, lines 52-55), the plateaus between the grooves would have a circular, square, rectangular bottom or top surface.
Claim(s) 6, 11, 21-24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hou as applied to claims 1, 5 above.
With respect to claims 6, 21, 22, 23, Hou teaches the protrusions have a width of about 20um (0.02mm) to about 5000um (5mm) (para 39), any width in the range 20um-5000um being used would be the maximum width, in which the width range is substantially identical to claimed range of maximum width Sd for the protrusions/segments of about 0.5mm to about 5mm and the grooves have a width ranging from about 1um (0.001mm) to about 5000 um (5mm) (para 51), which is substantially identical to claimed range of about 0.2mm to about 5mm. Therefore, a ratio between a maximum width of the protrusion and the groove width of about 0.2 to about 0.5 would be fully encompassed and obvious by the teaching of Hou because the protrusions and the grooves width are the same as that of the claimed invention and Hou further teaches features including dimensions can be varied (para 54).
With respect to claim 11, Hou teaches the pores have a height and a width from about 1um to about 500 um (para 31), which overlaps claimed range of about 5-50 um. Overlapping ranges are held obvious. See MPEP 2144.05. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990). Therefore, one skill in the art would find it obvious before the effective filing date of the invention to use claimed ranges to provide a pores size for the polishing layer with expected results.
With respect to claim 24, the protrusions 202 have circle-shape, grid shaped structures (e.g. rectangular prisms), triangle, pentagon, octagon or the like (para 63-66; fig. 17-20).
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Any inquiry concerning this communication or earlier communications from the examiner should be directed to DUY VU NGUYEN DEO whose telephone number is (571)272-1462. The examiner can normally be reached 9-5 M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joshua Allen can be reached at 571-272-3176. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DUY VU N DEO/Primary Examiner, Art Unit 1713
5/25/2026
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