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 .
Priority
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.
(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.
Claims 1 and 3 are rejected under 35 U.S.C. 102(a)(1) /(a)(2) as being anticipated by Matsushita (US 2021/0239541).
With respect to the limitations of claim 1, Matsushita teaches a ceramic heater (title, abstract) comprising: a ceramic plate having a wafer placement surface on its upper surface (Figs 1-3, ceramic plate 20, wafer placement surface 20a, 0048); a plurality of zones (inner-peripheral-side zone Z1, outer-peripheral-side zone Z2, 0049) in the wafer placement surface; a zone heater embedded in the ceramic plate (inner-peripheral-side resistance heating element 22, outer-peripheral-side resistance heating element 24, 0049) for each of the plurality of zones; a single temperature detector passage (thermocouple passage 26, 0053) in the ceramic plate; and a single temperature detector (thermocouple 50, 0053) located in the temperature detector passage, the temperature detector passage (50) extends from an inlet (inlet of start point 26a, 0053) in a lower surface of the ceramic plate (20) through each of the plurality of zones (thermocouple 50 extends through zone Z1 and Z2), and the temperature detector has a plurality of temperature detecting portions (stepped portion 26vb, terminal end position 26e, 0053), and the plurality of temperature detecting portions are positioned at measurement positions corresponding to the plurality of zones (0057).
With respect to the limitations of claim 3, Matsushita teaches the temperature detector passage is curved (see figures 13, 14, long distance portion 26c, 0062).
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.
To the degree that is can be argued that Matsushita does not disclose the limitations of claim 1 directed to “the temperature detector has a plurality of temperature detecting portions, and the plurality of temperature detecting portions are positioned at measurement positions corresponding to the plurality of zones”, the following rejection is set forth below.
Claims 1 and 3-5 are rejected under 35 U.S.C. 103 as being obvious over Matsushita (US 2021/0239541) in view of JPH04106346. An English machine translation of JPH04106346 was provided by the applicant with the IDS submitted on 4/16/2024.
With respect to the limitations of claim 1, Matsushita teaches a ceramic heater (title, abstract) comprising: a ceramic plate having a wafer placement surface on its upper surface (Figs 1-3, ceramic plate 20, wafer placement surface 20a, 0048); a plurality of zones (inner-peripheral-side zone Z1, outer-peripheral-side zone Z2, 0049) in the wafer placement surface; a zone heater embedded in the ceramic plate (inner-peripheral-side resistance heating element 22, outer-peripheral-side resistance heating element 24, 0049) for each of the plurality of zones; a single temperature detector passage (thermocouple passage 26, 0053) in the ceramic plate; and a single temperature detector (thermocouple 50, 0053) located in the temperature detector passage, the temperature detector passage (50) extends from an inlet (inlet of start point 26a, 0053) in a lower surface of the ceramic plate (20) through each of the plurality of zones (thermocouple 50 extends through zone Z1 and Z2), and the temperature detector has a plurality of temperature detecting portions (stepped portion 26vb, terminal end position 26e, 0053), and the plurality of temperature detecting portions are positioned at measurement positions corresponding to the plurality of zones (0057). Matsushita discloses the claimed invention except for the temperature detector has a plurality of temperature detecting portions, and the plurality of temperature detecting portions are positioned at measurement positions corresponding to the plurality of zones.
However, JPH04106346 discloses the temperature detector (Fig 1, multi-point simultaneous temperature measuring probe, 0009) has a plurality of temperature detecting portions (plurality of thermocouples 3, 0009), and the plurality of temperature detecting portions are positioned at measurement positions corresponding to the plurality of zones (Fig 2, 0011, 0012) is known in the art. It would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to adapt the ceramic heater of Matsushita having a single temperature detector silent to a plurality of temperature detecting portions with the temperature detector has a plurality of temperature detecting portions, and the plurality of temperature detecting portions are positioned at measurement positions corresponding to the plurality of zones of JPH04106346 for the purpose of providing a known single temperature detector with a plurality of temperature detecting portions that allows for a three dimensional temperature distribution to be detected (0012), thereby improving the overall convenience and versatility of the device.
With respect to the limitations of claim 3, Matsushita teaches the temperature detector passage is curved (see figures 13, 14, long distance portion 26c, 0062).
With respect to the limitations of claim 4, Matsushita teaches the plurality of zones includes a circular center zone having a diameter smaller than (Figs 3, 4, zone Z1, 0049) that of the ceramic plate and a plurality of divided outer zones that are divided zones of a ring-shaped outermost outer zone having an outer diameter equal to the diameter of the ceramic plate and an inner diameter equal to or larger than the diameter of the center zone (zone Z2, multiple heating zones of Z2), and the temperature detector passage has a swirl shape extending from the inlet through the measurement position corresponding to the center zone and then sequentially through the measurement positions for the plurality of divided outer zones (Fig 14, curved thermocouple passage 26 for thermocouple 50, 0062). Matsushita or Matsushita in view of JPH04106346 discloses the claimed invention except for explicitly showing the temperature detector passage has a swirl shape extending from the inlet through the measurement position corresponding to the center zone and then sequentially through the measurement positions for the plurality of divided outer zones. However, it would have been obvious for one having ordinary skill in the art before the effective filing date of the invention was made to have the temperature detector passage has a swirl shape extending from the inlet through the measurement position corresponding to the center zone and then sequentially through the measurement positions for the plurality of divided outer zones, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable temperature detector passage shape ranges involves only routine skill in the art (see MPEP 2144.04).
With respect to the limitations of claim 5, Matsushita in view of JPH04106346 discloses the temperature detector includes a single flexible protective tube (JPH04106346, Fig 1, steel flexible tube 2, 0009) housing a plurality of thermocouples having different lengths, the plurality of thermocouples have the temperature detecting portions at their front ends (JPH04106346, plurality of thermocouples 3, 0009), and wiring lines connected to the plurality of thermocouples are bundled into a wiring assembly (JPH04106346, conductor wires 5, 0009) at a bottom end of the temperature detector.
Claims 2 and 6 are rejected under 35 U.S.C. 103 as being obvious over Matsushita (US 2021/0239541) or Matsushita (US 2021/0239541) in view of JPH04106346 as applied to claim 1, further in view of Yoshinobu (JP2012-080103). An English machine translation of Yoshinobu (JP2012-080103) was provided by the applicant with the IDS submitted on 4/16/2024.
With respect to the limitations of claim 2, Matsushita or Matsushita in view of JPH04106346 discloses the claimed invention except for further comprising: a hollow shaft on the lower surface of the ceramic plate; and a shaft inner area that is an area of the lower surface of the ceramic plate bounded by the hollow shaft, the inlet of the temperature detector passage is provided in the shaft inner area. However, Yoshinobu discloses further comprising: a hollow shaft (Figs 1, 2, horizontal protective tube 53, 0024) on the lower surface of the ceramic plate (ceramic disk 22, 0024); and a shaft inner area (inner surface of tube 53) that is an area of the lower surface of the ceramic plate bounded by the hollow shaft, the inlet of the temperature detector passage is provided in the shaft inner area (Figs 2b, 2c) is known in the art. It would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to adapt the ceramic heater of Matsushita or Matsushita in view of JPH04106346 having a single temperature detector silent to a hollow shaft with the further comprising: a hollow shaft on the lower surface of the ceramic plate; and a shaft inner area that is an area of the lower surface of the ceramic plate bounded by the hollow shaft, the inlet of the temperature detector passage is provided in the shaft inner area of Yoshinobu for the purpose of providing a known protective tube configuration that protects the temperature detector wires from heat and damage.
With respect to the limitations of claim 6, Matsushita or Matsushita in view of JPH04106346 discloses the temperature detector passage has a width and height but is silent to the temperature detector passage has a width of 1.5 mm to 3.0 mm and a height of 1.5 mm to 3.0 mm. However, it would have been obvious for one having ordinary skill in the art before the effective filing date of the invention was made to have the temperature detector passage has a width and height but is silent to the temperature detector passage has a width of 1.5 mm to 3.0 mm and a height of 1.5 mm to 3.0 mm, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable width and height dimensional ranges involves only routine skill in the art (see MPEP 2144.04).
Conclusion
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/THIEN S TRAN/Primary Examiner, Art Unit 3761 9/15/2026
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