DETAILED ACTION
Election/Restrictions
Applicant's election with traverse of Group I, apparatus claims 1-18 in the reply filed on 05/18/2026 is acknowledged. The traversal is on the ground(s) that the method group II claims are directed to a method of use of the apparatus and rely on the same features of the apparatus and thus a search for the apparatus limitations will result in a search of the method claims. This is not found persuasive because the inventions have a separate status in the art and require search terms which are not coextensive. Further limitations that applicant relies upon for the argument such as “slurry-collecting” and the different modes rely on limitations directed to the contents of the apparatus and the intended use of the apparatus which are given different consideration for an apparatus claim than for a method claim. Therefore, the searches are not coextensive and would represent a burden to be examined at the same time.
The requirement is still deemed proper and is therefore made FINAL.
Claims 19-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 05/18/2026.
Information Disclosure Statement
The information disclosure statement filed 07/25/2025 fails to comply with 37 CFR 1.98(a)(2), which requires a legible copy of each cited foreign patent document; each non-patent literature publication or that portion which caused it to be listed; and all other information or that portion which caused it to be listed. It has been placed in the application file, but the information referred to therein has not been considered. Specifically, as indicated in the signed copy of the IDS provided herewith, JP 2010052090, H07156063, and the International Search Report… for … PCT/US2025/019408 dated June 25, 2025 were not considered because no copy was filed.
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) 1-4 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Patent 5,664,990 of Adams et al., hereinafter Adams, in view of JP 2010-052090 (citing machine translation provided herewith) of Yuki, hereinafter Yuki, and US Patent Application Publication 2021/0225667 of Iwao, hereinafter Iwao.
Regarding claim 1, Adams teaches a polishing system (Fig 2) for polishing a substrate (col 5, ln 40-60) comprising: a polishing platen (15 Fig 1) to support a polishing pad (layers 13 and 14 Fig 1, see col 5, ln 15-25); a gutter disposed around the polishing platen (23 Fig 2-4, see col 5, ln 55 to col 6, ln 25); and a slurry-collecting line (line 46, 43, 41 Fig 2, see col 6, ln 20-35) comprising a slurry-collecting tube (41 Fig 2, see col 6, ln 20-35), the slurry-collecting tube extending into the gutter (Fig 2 and col 6, ln 20-35), the slurry-collecting line being configured to remove slurry from the gutter in a slurry-collecting mode (col 6, ln 20-35). Adams fails to teach the slurry-collecting tube is coupled with a slurry-collecting valve and configured to dispense a flushing agent in a flushing mode. Regarding the slurry-collecting tube is coupled with a slurry-collecting valve, in the same field of endeavor of polishing systems [0001], Yuki teaches the slurry collecting line (line connected to drain ports 105a and 105b Fig 1 [0031]) is connected to valves (105c, 105d Fig 1 [0031]) prior to being connected to a pump [0031]. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the slurry collecting tube to be coupled with a slurry collecting valve because Yuki teaches this enables control of the flow of the slurry [0031] and allows the slurry to be discharged if recirculation is not wanted [0031] (e.g. the slurry is worn out or contains contaminants). Regarding the slurry-collecting tube is configured to dispense a flushing agent in a flushing mode, Yuki teaches a tube configured to dispense a flushing agent (one of 90a or 90b Fig 1 [0032]) to the slurry collecting trough (slurry receiver 105 Fig 1). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the polishing system of Adams to include a line to dispense flushing agent in a flushing mode because Yuki teaches this allows the slurry receiver to be washed [0031-0032]. While Yuki demonstrates this as a different line from the slurry collecting line, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to combine to lines into one shared line because both are to interact with the space in the collection trough. Further, Iwao teaches that in the field of substrate processing apparatuses (abstract, Fig 3) that a line may have combined suction (line 40-42 Fig 3) and liquid supply (line 38-39 or 37-36 Fig 3) to a shared outlet (13 Fig 3). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to combine to lines into one shared line because Iwao teaches a combined line and this represents a simple substitution of one known element for another to achieve predictable results.
Regarding claim 2, the combination remains as applied to claim 1 above. The inclusion of a second line for performing suction and supply represents a mere duplication of parts. The mere duplication of parts has no patentable significance unless a new and unexpected result is produced. In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960). Further Yuki teaches a second line for cleaning the trough (other of 90a or 90b Fig 1 [0031-0032]. Therefore, the combination renders obvious a second supply and suction line. Regarding specifically a cleaning agent, it is noted that water is one of the recited cleaning agents and that this limitation is directed to the contents of the apparatus during operation. Expressions relating the apparatus to contents thereof during an intended operation are of no significance in determining patentability of the apparatus claim. Ex parte Thibault, 164 USPQ 666, 667 (Bd. App. 1969). Applicant may wish to claim a specific source of chemicals for each line if applicant intends to limit the apparatus by the contents within a source of the apparatus. Regarding specifically the inclusion of valves, Iwao teaches valves (37, 39, 41 Fig 3) on the supply lines. Therefore, the combination as applied herein includes valves on the cleaning tube.
Regarding claim 3, the combination remains as applied to claim 2 above. Iwao as applied in the combination teaches the one or more valves comprise a cleaning valve (37, 39 Fig 3) configured to allow the cleaning agent to be delivered to the cleaning tube [0058], and a waste-collecting valve (41 Fig 3) configured to allow the cleaning agent to be suctioned out from the cleaning tube [0058].
Regarding claim 4, the combination remains as applied to claim 3 above. As noted above regarding claim 2, the specific cleaning agent and flushing agent are directed to the contents of the apparatus during intended operation. Expressions relating the apparatus to contents thereof during an intended operation are of no significance in determining patentability of the apparatus claim. Ex parte Thibault, 164 USPQ 666, 667 (Bd. App. 1969). Further Yuki teaches deionized water [0031].
Claim(s) 5-8, 10 and 12-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Adams in view of Yuki, Iwao, and US Patent Application Publication 2022/0193863 of Sun et al., hereinafter Sun.
Regarding claim 5, the combination remains as applied to claim 3 above. The combination as applied to claim 3 fails to teach a base plate disposed under the polishing platen; an upper manifold attached to a top surface of the base plate; and a lower manifold attached to a bottom surface of the base plate. In the same field of endeavor of a polishing system (abstract, Fig 1), Sun teaches a base plate (120 Fig 1) disposed under the polishing platen (Fig 1); an upper manifold attached to a top surface of the base plate (145 or 118 Fig 1); and a lower manifold attached to a bottom surface of the base plate (144). Regarding specifically being attached, this represents a mere rearrangement of parts Mere rearrangement of parts which does not modify the operation of a device is prima facie obvious. In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950). In re Kuhle, 526 F.2d 553, 188 USPQ 7 (CCPA 1975). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Adams and the combination to include the baseplate and manifolds as taught by Sun because Sun teaches this allows for supply and removal from the trough around the platen and the baseplate allows for supporting structures of the apparatus [0020].
Regarding claim 6, the combination remains as applied to claim 5 above. The specific location of the slurry collecting line and cleaning line represents mere rearrangement of parts.
Regarding claim 7, the combination remains as applied to claim 6 above. The combination as applied teaches both lines in the trough (gutter). The specific positioning of the tubes represents mere rearrangement of parts.
Regarding claim 8, the combination remains as applied to claim 6 above. Iwao as applied in the combination teaches a T connector coupling the waste collecting valve and the cleaning valve (Fig 3). Regarding being connected to the lower manifold, this represents a mere rearrangement of parts.
Regarding claim 10, 12, and 14, Adams teaches a polishing system (Fig 2) comprising: a first platen (15 Fig 1) configured to receive a polishing fluid (Fig 2); a slurry-dispensing arm configured to dispense the polishing fluid toward the first platen (33 Fig 2); a slurry-collecting gutter disposed around the first platen (23 Fig 2-4); a slurry-collecting tube (41 Fig 2). Adams fails to teach a base plate disposed under the first platen; and a dispensing and collecting assembly comprising an upper manifold coupled to a top surface of the base plate and a lower manifold coupled to a bottom surface of the base plate, wherein the upper manifold comprises a cleaning tube, the slurry-collecting tube, and a slurry-collecting valve coupled to an upper bracket, the slurry-collecting tube being coupled with the slurry-collecting valve; and wherein the lower manifold comprises a waste-collecting valve and a cleaning valve coupled to a lower bracket, and the cleaning tube is coupled with the waste-collecting valve and the cleaning valve of the lower manifold. Regarding the cleaning tube and the slurry-collecting valve, Yuki teaches the slurry collecting line (line connected to drain ports 105a and 105b Fig 1 [0031]) is connected to valves (105c, 105d Fig 1 [0031]) prior to being connected to a pump [0031]. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the slurry collecting tube to be coupled with a slurry collecting valve because Yuki teaches this enables control of the flow of the slurry [0031] and allows the slurry to be discharged if recirculation is not wanted [0031] (e.g. the slurry is worn out or contains contaminants). Regarding the slurry-collecting tube is configured to dispense a flushing agent in a flushing mode, Yuki teaches a tube configured to dispense a flushing agent (one of 90a or 90b Fig 1 [0032]) to the slurry collecting trough (slurry receiver 105 Fig 1). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the polishing system of Adams to include a line to dispense flushing agent in a flushing mode because Yuki teaches this allows the slurry receiver to be washed [0031-0032]. While Yuki demonstrates this as a different line from the slurry collecting line, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to combine to lines into one shared line because both are to interact with the space in the collection trough. Further, Iwao teaches that in the field of substrate processing apparatuses (abstract, Fig 3) that a line may have combined suction (line 40-42 Fig 3) and liquid supply (line 38-39 or 37-36 Fig 3) to a shared outlet (13 Fig 3). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to combine to lines into one shared line because Iwao teaches a combined line and this represents a simple substitution of one known element for another to achieve predictable results. Regarding the cleaning tube being connected to a waste collecting valve and a cleaning valve, the inclusion of a second line for performing suction and supply represents a mere duplication of parts. The mere duplication of parts has no patentable significance unless a new and unexpected result is produced. In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960). Further Yuki teaches a second line for cleaning the trough (other of 90a or 90b Fig 1 [0031-0032]. Therefore, the combination renders obvious a second supply and suction line. Regarding specifically a cleaning agent, it is noted that water is one of the recited cleaning agents and that this limitation is directed to the contents of the apparatus during operation. Expressions relating the apparatus to contents thereof during an intended operation are of no significance in determining patentability of the apparatus claim. Iwao as applied in the combination teaches the one or more valves comprise a cleaning valve (37, 39 Fig 3) configured to allow the cleaning agent to be delivered to the cleaning tube [0058], and a waste-collecting valve (41 Fig 3) configured to allow the cleaning agent to be suctioned out from the cleaning tube [0058]. Regarding the baseplate and the upper and lower manifolds, In the same field of endeavor of a polishing system (abstract, Fig 1), Sun teaches a base plate (120 Fig 1) disposed under the polishing platen (Fig 1); an upper manifold attached to a top surface of the base plate (145 or 118 Fig 1); and a lower manifold attached to a bottom surface of the base plate (144). Regarding specifically being attached, this represents a mere rearrangement of parts Mere rearrangement of parts which does not modify the operation of a device is prima facie obvious. In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950). In re Kuhle, 526 F.2d 553, 188 USPQ 7 (CCPA 1975). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Adams and the combination to include the baseplate and manifolds as taught by Sun because Sun teaches this allows for supply and removal from the trough around the platen and the baseplate allows for supporting structures of the apparatus [0020]. Regarding the specific positioning of the tubes with the upper or lower manifold or the specific positioning of the valves, this represents mere rearrangement of parts. Regarding attachment via brackets, Sun teaches structures are attached to the baseplate via brackets [0020]. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to include the manifolds attached via brackets because Sun teaches this is the attachment structure for securing structures to the baseplate.
Regarding claim 13, the combination remains as applied to claim 12 above. The specific cleaning agent is directed to the contents of the apparatus during intended operation. Expressions relating the apparatus to contents thereof during an intended operation are of no significance in determining patentability of the apparatus claim. Ex parte Thibault, 164 USPQ 666, 667 (Bd. App. 1969). Further Yuki teaches deionized water [0031].
Regarding claim 15, Adams teaches the slurry-collecting tube extending into the gutter (Fig 2 and col 6, ln 20-35).
Regarding claim 16, Adams teaches the slurry-collecting gutter is configured to rotate in a predetermined direction (rotation arrow 22 Fig 2, note col 5, ln 50-60 teaches the gutter 23 is attached to the pad and therefore rotates with the pad). Regarding the slurry-collecting tube is disposed upstream of the predetermined direction, and the cleaning tube is disposed downstream of the predetermined direction, this limitation represents mere rearrangement of parts.
Claim(s) 9 and 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Adams in view of Yuki, Iwao, and Sun as applied to claim 5 and 10 above, and further in view of US Patent Application Publication 2017/0066101 of Yamaguchi, hereinafter Yamaguchi.
Regarding claim 9, the combination remains as applied to claim 5 above. The combination fails to teach a controlling line coupled with the slurry-collecting valve and configured to open or close the slurry-collecting valve, the controlling line being coupled with the upper manifold. Initially it is noted that the combination of references suggest controllers to perform the operations which would require a control line connected to the valves to perform the control of opening or closing the valve. Further, Yamaguchi teaches control lines (shown as dashed lines Fig 5) connecting the controller (30 Fig 5) to the valves (112, 107) to control the flow. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Adams and the combination to include control lines connected to the valves because this allows for automated control of the operation which reduces the cost of operation and improves repeatability of the operations by removing operator error or delay. Regarding the control line positions, this represents mere rearrangement of parts.
Regarding claim 11, the combination remains as applied to claim 10 above. Initially it is noted that a second platen represents a mere duplication of parts. Further Yamaguchi teaches a plurality of platens arranged side by side (Fig 8 see 14a-14d). Regarding the specific positioning of the upper manifold, this represents mere rearrangement of parts.
Claim(s) 17-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Adams in view of Yuki, Iwao, and Sun as applied to claim 16 above, and further in view of US Patent Application Publication 2006/0194525 of Tolles et al., hereinafter Tolles.
Regarding claim 17, the combination remains as applied to claim 16 above. The combination as applied to claim 10 teaches the backets. Regarding the specific shape of the brackets, this represents a mere change of shape. It is further recognized that a change of shape is generally considered to be within the skill of one of ordinary skill in the art, there being no evidence to suggest any unexpected results due to the shape of the bracket. In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966). Regarding the specific connection points, this represents mere rearrangement of parts. Further, Tolles demonstrates collection lines coupled with vertically extending and horizontally extending supports (Fig 37 see line 2620 and 2626). Regarding the holding block, Tolles teaches a holding block (2630 or 2628) to secure the slurry collecting line(s). As cited above, the slurry collecting line is coupled with the valve and the combination includes a cleaning line which it would be obvious to include in the block. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Adams and the combination to include the block because Tolles demonstrates this as a connecting and securing structure.
Regarding claim 18, Iwao as applied in the combination teaches a T connector coupling the waste collecting valve and the cleaning valve (Fig 3). Regarding being connected to the lower manifold, this represents a mere rearrangement of parts. Regarding connection via an elbow connector, this represents a mere change in shape of the tubing, and Tolles demonstrates elbow bent connection tubing (5224, 5218 Fig 22) which demonstrates the obviousness of inclusion of an elbow connector.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 2019/0126430 teaches a tube with suction and supply (Fig 10, inter alia). US 2014/0069890 teaches a polishing apparatus with a collection gutter around the platen (Fig 1). US 6,093,088 teaches a polishing apparatus with a collection gutter around the platen (Fig 2). US 6,159,082 teaches a polishing apparatus with a collection gutter around the platen (Fig 1).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARGARET D KLUNK whose telephone number is (571)270-5513. The examiner can normally be reached Mon - Fri 9:30-5:30.
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/MARGARET KLUNK/Examiner, Art Unit 1716
/Jeffrie R Lund/Primary Examiner, Art Unit 1716
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