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 group I in the reply filed on 06/29/2026 is acknowledged. Therefore claims 17-34 are hereby withdrawn.
Status of Claims
This action is in reply to the response filed on 06/29/2026. Claims 17-34 are withdrawn. Claims 1-16 and 35 are currently pending and have been examined.
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 1-5, 11-13, and 15-16 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Xiang et al (US PGPUB No. 2024/0009797), hereinafter referred to as Xiang.
Regarding claim 1 (Original), Xiang discloses a polishing pad [Xiang, fig 2], comprising:
a polishing layer [Xiang, see annotated fig 2, item A]; and
at least one detection window [Xiang, see annotated fig 2, item B], located in the polishing layer [Xiang, see annotated fig 2, item B is within item A], wherein the at least one detection window [Xiang, see annotated fig 2, item B] comprises a center portion [Xiang, see annotated fig 2, item B1] and a cover portion surrounding the center portion [Xiang, see annotated fig 2, item B2 and fig 5, the dimension R is the dimension of the cover portion], the cover portion is joined to the polishing layer [Xiang, see annotated fig 2, B2 is joined to item A], and a ratio of an area of the center portion to an area of the cover portion is between about 0.03 to about 5.00 [Xiang, page 1, pp’s 0006 and 0015, teaching that the dimension of R is between 0.5 to 3 mm and the diameter of the window may be a circle and the exposed surface is D = 15 to 80 mm, using the area of a circle (pi*r^2), one of ordinary skill in the art can determine the area of the center portion and the area of the cover portion. The area of the center portion is the total exposed diameter (D) minus the radial portion (R), thus expressed as: AreaB1 = pi*((D-R)/2)^2. The area of the cover portion is thus expressed as the area of the total exposed area using the total exposed diameter (D) – area of the center portion (shown above), and is expressed as: AreaB2 = pi * (D/2)^2 – pi * ((D-R)/2)^2. The ratio as claimed is ratio = AreaB1/AreaB2. Using the extreme values given of the areas @ D=15 and R=3 mm, and, @ D=80 and R=0.5, AreaB1 ranges from pi*((15-3)/2)^2 to pi*((80-0.5)/2)^2 = 113.10 to 4,963.91 mm^2. AreaB2 ranges from pi*(15/2)^2 – pi*((15-3)/2)^2 to pi*(80/2)^2 - pi*((80-0.5)/2)^2 = 63.61 to 62.64 mm^2, respectively. Where the ratio then ranges from AreaB1@D=15 and R=3 mm / AreaB2@D=15 and R=3 mm to AreaB1 @ D=80 and R=0.5 mm / AreaB2 @ D=80 and R=0.5 mm, = 113.10/63.61 to 4,963.91/62.64 = 1.78 to 79.25, which overlaps the claimed range].
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Regarding claim 2 (Original), Xiang further discloses the polishing pad according to claim 1, wherein a top surface of the center portion, a top surface of the cover portion, and a top surface of the polishing layer are all coplanar [Xiang, see annotated fig 2, showing the top surface of A, B1 and B2 are all coplanar].
Regarding claim 3 (Original), Xiang further discloses the polishing pad according to claim 1, wherein a bottom surface of the center portion, a bottom surface of the cover portion, and a bottom surface of the polishing layer are all coplanar [Xiang, see annotated fig 2, showing the bottom surface of A, B1 and B2 are all coplanar].
Regarding claim 4 (Original), Xiang further discloses the polishing pad according to claim 1, wherein the center portion and the cover portion are in direct contact [Xiang, see annotated fig 2, item B1 and item B2 are in direct contact with each other].
Regarding claim 5 (Original), Xiang further discloses the polishing pad according to claim 1, wherein a ratio of a hardness of the center portion to a hardness of the cover portion is not greater than about 1.8 [Xiang, see annotated fig 2, since B1 and B2 are of the same material, there the ratio is 1, which overlaps the claimed range].
Regarding claim 11 (Original), Xiang further discloses the polishing pad according to claim 1, wherein an outer contour of the center portion and an outer contour of the cover portion have different shapes [Xiang, see annotated fig 2, showing the contour of B1 is flat where the outer contour of B2 has cutouts].
Regarding claim 12 (Original), Xiang further discloses the polishing pad according to claim 1, wherein a shape of an outer contour of the cover portion is an irregular shape or a regular geometric shape [Xiang, see annotated fig 2, the outer contour of B2 is a regular geometric shape].
Regarding claim 13 (Original), Xiang further discloses the polishing pad according to claim 1, wherein a shape of an outer contour of the center portion is an irregular shape or a regular geometric shape [Xiang, see annotated fig 2, the outer contour of B1 is flat and is therefore a regular geometric shape].
Regarding claim 15 (Original), Xiang further discloses the polishing pad according to claim 1, wherein a side surface of the cover portion is a rough surface [Xiang, see annotated fig 2, item B2 is shaped as cutouts and is therefore rough].
Regarding claim 16 (Original), Xiang further discloses the polishing pad according to claim 1, further comprising a base layer configured below the polishing layer [Xiang, see annotated fig 2, item C].
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.
Claims 6-10 and 35 are rejected under 35 U.S.C. 103 as being unpatentable over Xiang et al (US PGPUB No. 2024/0009797) as applied to claim 1 above, and in further view of Lehman et al (US PGPUB No. 2003/0181139), hereinafter referred to as Xiang and Lehman, respectively.
Regarding claim 6 (Original), Xiang discloses the polishing pad according to claim 1, wherein the center portion is made of a first material, the cover portion is made of a second material [Xiang, see annotated fig 2, since B1 and B2 have substance and are physical, B1 and B2 are made of a material and meet the limitation].
However, Xiang does not explicitly disclose the first material is different from the second material.
Lehman teaches a polishing pad [Lehman, fig 1], comprising: a polishing layer [Lehman, fig 1m, 282]; and at least one detection window located in the polishing layer [Lehman, fig 1m, 280 is located in 282], wherein the at least one detection window comprises a center portion [Lehman, fig 1m, 280 has a center portion between each of 288] and a cover portion surrounding the center portion [Lehman, fig 1m, 288 is shown in cutout on either side of the center of 280], the cover portion is joined to the polishing layer [Lehman, page 13, pp 0110 teaches that 288 is ultrasonic welded to 282], wherein the center portion is made of a first material [Lehman, page 13, pp 0110, 280 is made of a material and page 29, claim 1, first material], the cover portion is made of a second material [Lehman, page 13, pp 0111 and page 29, claim 1], and the first material is different from the second material [Lehman, page 29, claim 1].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have made the first material of the center portion different from the second material of the cover portion of the window of Xiang as taught by Lehman because the first material may be able to compress during polishing such that the wear of the first material is approximately zero or negligible [Lehman, page 11, pp 0093, summarized].
Regarding claim 7 (Original), Xiang as modified further discloses The polishing pad according to claim 6, wherein the polishing layer is made of a third material [Lehman, page 9, pp 0083, polyurethane], and the third material and the second material are a same material [Lehman, page 3, pp 0027, and page 11, pp 0096 teaching the center portion may be formed of a gel and membrane may be formed of polyurethane, which is the same material as the polishing pad, where since the material is not specified in claim 6, the Office has the option to choose the configuration of materials and thus the current configuration of the materials of Lehman meets the claimed limitation].
Regarding claim 8 (Original), Xiang as modified further discloses ahe polishing pad according to claim 6, wherein the polishing layer is made of a third material, and the third material and the second material are different materials [Lehman, page 9, pp 0083, the polishing layer is made of polyurethane and page 11, pp 0096, teaching the second material/membrane of 194 may also be a different material that is transparent, and page 13, pp 0111, teaching that 194 may be a gel, that is still different than the first material this is also a gel per page 9, pp 0093, but similar and still has transparent options, where since the material is not specified in claim 6, the Office has the option to choose the configuration of materials and thus the current configuration of the materials of Lehman meets the claimed limitation].
Regarding claim 9 (Original), Xiang as modified further discloses the polishing pad according to claim 6, wherein the first material is a light-transmitting material under visible light [Xiang, page 1, pp 0004, the window is UV light or below 325 nm, which includes visible light].
Regarding claim 10 (Original), Xiang discloses the polishing pad according to claim 1, but Xiang may not explicitly disclose wherein an outer contour of the center portion has a same shape as an outer contour of the cover portion.
Lehman teaches a polishing pad [Lehman, fig 1], comprising: a polishing layer [Lehman, fig 1m, 282]; and at least one detection window located in the polishing layer [Lehman, fig 1m, 280 is located in 282], wherein the at least one detection window comprises a center portion [Lehman, fig 1m, 280 has a center portion between each of 288] and a cover portion surrounding the center portion [Lehman, fig 1m, 288 is shown in cutout on either side of the center of 280], the cover portion is joined to the polishing layer [Lehman, page 13, pp 0110 teaches that 288 is ultrasonic welded to 282], wherein an outer contour of the center portion has a same shape as an outer contour of the cover portion [Lehman, page 13, pp 0110, 280 is made of a material and page 29, claim 1, first material, Lehman, page 13, pp 0111 and page 29, claim 1, and the first material may be able to compress during polishing Lehman, page 11, pp 0093, all this teaching that the contour of center portion (gel) and cover portion (membrane) flex and then has the same shape during the flexing].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have made the first material of the center portion different from the second material of the cover portion of the window of Xiang as taught by Lehman so that the outer contours are the same because the first material may be able to compress during polishing such that the wear of the first material is approximately zero or negligible [Lehman, page 11, pp 0093, summarized].
Regarding claim 35 (Original), Xiang discloses a polishing method, comprising: providing a polishing pad [Xiang, page 3, pp 0035, used within a CMP polishing machine having a polishing pad], wherein the polishing pad is the polishing pad according to claim 1 [Xiang, page 3, claim 9].
However, Xiang does not explicitly disclose applying pressure to an object to press onto the polishing pad; and providing relative movement between the object and the polishing pad to perform a polishing process.
Lehman teaches a polishing method, comprising: providing a polishing pad, applying pressure to an object to press onto the polishing pad [Lehman, page 9, pp 0082]; and providing relative movement between the object and the polishing pad to perform a polishing process [Lehman, page 9, pp 0082 rotating the specimen against a rotating platen, which is relative movement of the specimen].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used the polishing method as taught by Lehman with the polishing pad as taught by Xiang because per MPEP 2143(I)(A) the combination of old elements is held to be obvious over the prior art. Where in the instant case, to include the method of using as taught by Lehman in the system of Xiang, each individual element and its function are shown in the prior art, albeit shown in separate references. The only difference between the claimed invention and the prior art is the lack of actual combination of the elements in a single prior art reference. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have combined the method of polishing as taught by Lehman in the system of Xiang because the claimed invention is merely a combination of old elements, the elements being using the relative CMP motion of Lehman and the polishing pad of Xiang comprising the window. In the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination gave the predictable result of a substrate would be polished using the polishing pad of Xiang.
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Xiang et al (US PGPUB No. 2024/0009797) as applied to claim 1 above, and in further view of Benvegnu et al (US Patent No. 7,938,714), hereinafter referred to as Xiang and Benvegnu, respectively.
Regarding claim 14, Xiang further discloses the polishing pad according to claim 1, but does not explicitly disclose wherein a side surface of the center portion is a rough surface.
Benvegnu teaches a polishing pad [Benvegnu, fig 2D], comprising: a polishing layer [Benvegnu, fig 2D, polishing pad]; and at least one detection window, located in the polishing layer [Benvegnu, fig 2D, 202 and 204], wherein the at least one detection window comprises a center portion [Benvegnu, fig 2D, 204] and a cover portion surrounding the center portion [Benvegnu, fig 2D, 204], the cover portion is joined to the polishing layer [Benvegnu, fig 2D, 202 is joined to the polishing pad]; and a rough surface between two different portions of the window [Benvegnu, fig 2D, 204 and 202 form the window, where the internal boundary between 202 and 204 is rough].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have included a rough surface on the internal boundary between the two portions of the window of Xiang as taught by Benvegnu such that the boundary between B1 and B2 is a rough surface because such a surface can improved the strength of the coupling of the two portions of the window [Benvegnu, col 5, lines 18-24, summarized].
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Matsuoka et al (US PGPUB No. 2022/0347815) teaches a polishing window within a polishing pad comprising a center portion and a cover portion. Shih et al (US PGPUB No. 2004/0094855) teaches a window within a polishing pad comprising a center portion and a cover portion.
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/ROBERT F NEIBAUR/Primary Examiner, Art Unit 3723
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