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 with traverse of claims 1-20 in the reply filed on 08/05/2026 is acknowledged. The traversal is on the ground(s) that the recited "different field of search" is conclusory and unsupported. As such, the Office has not established that a serious search and/or examination burden would result absent restriction. This is not found persuasive because a method of controlling a temperature of a substrate support pedestal is broad and applicable to various apparatus performing temperature control using a fluid circuit and valves such as vapor chambers, car engines, and air conditioners. Additionally, many apparatus that could anticipate the claimed apparatus would not necessarily comprise a temperature measuring component to perform the temperature measuring step of Group I. Therefore, searching for the claimed apparatus would not necessarily yield the temperature measuring component. As a result, the claimed method is able to support separate patents from the claimed product.
Moreover, many method that could anticipate the claimed method would not necessarily comprise the chamber and the fluid chiller from Group II. Therefore, searching for the claimed method would not necessarily yield the chamber and fluid chiller. Consequently, the claimed apparatus is able to support separate patents from the claimed method.
Because of these reasons, the subject matter of the claimed method and the claimed product, would impose a serious search and examination burden on the examiner.
The requirement is still deemed proper and is therefore made FINAL.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 07/19/2025 and 07/22/2025 was filed after the mailing date of the instant application on 04/16/2024. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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.
(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.
Claim(s) 1-5, 7-14, and 16-18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tandou (US 2008/0023448).
Regarding claims 1 and 10, Tandou teaches a processing chamber (100 and 106 combined, Fig. 1, [0028], [0064]) comprising:
a chamber body (100, Fig. 1, [0028]) at least partially defining an internal volume;
a fluid chiller (106, Fig. 4, [0047], [0064]);
a substrate support (1, Fig. 1, [0028]) comprising an inner zone (505 and 2a combined, Fig. 5, [0051]) and an outer zone (506 and 2b combined, Fig. 5, [0052], [0053]), wherein the inner zone comprises one or more inner channels (2a, Fig. 5, [0051]), and the outer zone comprises one or more outer channels (2b, Fig. 5, [0052], [0053]);
a fluid circuit (102 and 103 combined, Fig. 1, Fig. 4, Fig. 5, [0034], [0046], [0047]) comprising:
a first cooling channel (401, Fig. 5, [0051]) fluidly coupled to the inner zone ([0051]);
a second cooling channel (402, Fig. 5, [0052]) fluidly coupled to the outer zone ([0052]);
a heater (1, Fig. 1, [0028], [0043]); and
one or more valves (10, 30, 10a, 10b, 10c, 10d, Fig. 1, Figs. 4-6, [0040], [0046]) in fluid communication with the fluid chiller (Fig. 4, Fig. 5, [0047]) and operable to switch between a first state and a second state ([0040], [0048], [0058], [0062], the first state is one of the valves operating at one nonzero flow rate, and a second state is the valve operating at a different nonzero flow rate), wherein:
in the first state, the one or more valves fluidly couple the first cooling channel to the heater ([0046], Fig. 5, 10a as part of the collective one or more valves fluidly couples the first channel to 1) , and
in the second state, the one or more valves fluidly couple the second cooling channel to the heater ([0046], Fig. 5, 10b as part of the collective one or more valves fluidly couples the second channel to 1).
Regarding claims 2 and 11, Tandou teaches the fluid circuit further comprises:
a first return channel (403, Fig. 5) in fluid communication with the inner zone (Fig. 5, [0051]); and
a second return channel (404, Fig. 5) in fluid communication with the outer zone (Fig. 5, [0053]).
Regarding claims 3 and 12, Tandou teaches when the one or more valves are in the first state, a first flow path (401, 2a, 1, and 403 combined, Fig. 5, [0051]; [0050], 2a is part of 1) and a second flow path (402, 2b, and 404 combined, Fig. 5, [0052], [0053]) are formed, wherein:
the first flow path comprises:
the heater;
the first cooling channel;
the one or more inner channels; and
the first return channel; and
the second flow path comprises:
the second cooling channel;
the one or more outer channels; and
the second return channel.
Regarding claims 4 and 13, Tandou teaches when the one or more valves are in the second state, a third flow path (402, 2b, 1, and 404 combined, Fig. 5, [0052], [0053]; [0050], 2b is part of 1) and a fourth flow path (401, 2a, and 403 combined, Fig. 5, [0051]) are formed, wherein:
the third flow path comprises:
the heater;
the second cooling channel;
the one or more outer channels; and
the second return channel; and
the fourth flow path comprises:
the first cooling channel;
the one or more inner channels; and
the first return channel.
Regarding claims 5 and 14, Tandou teaches a fluid chiller (106, Fig. 4, [0047]) positioned upstream of the heater and the one or more valves (Fig. 4, [0047]), the fluid chiller being in fluid communication with the first cooling channel and the second cooling channel (Fig. 4, [0047]).
Regarding claims 7 and 16, Tandou teaches the one or more valves comprises:
a first three way valve (10, Fig. 1, [0047]) positioned downstream of the heater ([0047], as the coolant flow is in a cycle, 10 is positioned downstream of 1), the first three way valve being in fluid communication with the first cooling channel when the one or more valves are in the first state ([0034], 10 is in the coolant passage 102, which in Fig. 5 communicates with 401), and the first three way valve being in fluid communication with the second cooling channel when the one or more valves are in the second state ([0034], 10 is in the coolant passage 102, which in Fig. 5 communicates with 402); and
a second three way valve (30, Fig. 1, [0047]), the second three way valve being in fluid communication with the second cooling channel when the one or more valves are in the first state ([0040], 30 is in the coolant passage 102, which in Fig. 5 communicates with 402), and the second three way valve being in fluid communication with the first cooling channel when the one or more valves are in the second state ([0040], 30 is in the coolant passage 102, which in Fig. 5 communicates with 401).
Regarding claims 8 and 17, Tandou teaches the one or more valves comprises:
a first valve (14a, Fig. 5, [0046]) positioned downstream of the heater (Fig. 5), the first valve being in fluid communication with the first cooling channel (Fig. 5, [0051]);
a second valve (10b, Fig. 5, [0046]), the second valve being in fluid communication with the second cooling channel ([0052], [0053]);
a third valve positioned (14c, Fig. 5, [0046]) downstream of the heater (Fig. 5), the third valve being in fluid communication with the second cooling channel (Fig. 5, [0052], [0053]); and
a fourth valve (10a, Fig. 5, [0046]), the fourth valve being in fluid communication with the first cooling channel ([0051]).
Regarding claims 9 and 18, Tandou teaches a controller (104, Fig. 1, [0038], [0048]) configured to switch the one or more valves between the first state and the second state ([0038], [0048]).
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.
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.
Claim(s) 6 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tandou (US 2008/023448) as applied to claim 1 above, in view of Ikeda (US 2020/035516).
Regarding claims 6 and 15, Tandou does not teach the one or more valves comprises a four-way valve in fluid communication with the first cooling channel and the second cooling channel.
However, Ikeda teaches a four-way valve ([0145]) in fluid communication with a first cooling channel (flow path to one 73A, [0137], [0138]) and a second cooling channel (flow path to another 73A, [0137], [0138]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the fluid circuit of Tandou to use the four-way valve of Ikeda in order to reduce the number of valves (Ikeda: [0145]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to An Bach Phan whose telephone number is (571)272-7244. The examiner can normally be reached M-F, 7-3 ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Len Tran can be reached at (571)272-1184. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/A.B.P./Examiner, Art Unit 3763
/LEN TRAN/Supervisory Patent Examiner, Art Unit 3763
