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 .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claim 1 and 13 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 17 of copending Application No. 18/574,925)(reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because both sets of claims are related by being electrostatic substrate holders having a thermal conductivity adjustment function based on gas pressure, with differences between the two claim groups being only minor variations in the implantation of the adjustment function that are not seen to involve an inventive step when the abilities of persons of ordinary skill are taken into full consideration.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Instant claim 1 recites: A cryogenic electrostatic chuck device, comprising: a substrate holder which fixes a substrate by an electrostatic force; and a body which is disposed below the substrate holder and includes a thermal conductivity adjustment channel which is formed of a metal based material determined based on a coefficient of thermal expansion (CTE) of the substrate holder and adjusts a thermal conductivity based on a pressure formed by a thermal conductivity adjustment gas supplied by an adjustment gas supply unit.
Claim 17 of the copending Application recites: A multi-zone temperature control method by a heat transfer adjustment structure, comprising: a step of installing a heat transfer adjustment structure between a heat source and a heat sink; a step of supplying a first heat transfer gas to a first inner space among multi-zones of the heat transfer adjustment structure; a step of supplying a second heat transfer gas to a second inner space among multi-zones of the heat transfer adjustment structure; a step of adjusting a pressure of the first heat transfer gas; a step of adjusting a pressure of the second heat transfer gas; and a step of controlling a heat transfer time by changing a heat transfer amount between the heat source and the heat sink in accordance with the change in a pressure of the first heat transfer gas and the change in a pressure of the second heat transfer gas.
Both claims adjust gas pressure to change the heat transfer rate.
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.
Claim(s) 1 and 10-13 is/are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Yonekura et al (2009/0159590A1).
Yonekura discloses an electrostatic chuck device, comprising: a substrate holder 21 which fixes a substrate 20 by an electrostatic force (see electrodes 23); and a body 12 which is disposed below the substrate holder 20 and includes a thermal conductivity adjustment channel 47 which is formed of a metal based material determined based on a coefficient of thermal expansion (CTE) of the substrate holder (intrinsic to the formation of the channel in the material of the base) and adjusts a thermal conductivity based on a pressure formed by a thermal conductivity adjustment gas supplied by an adjustment gas supply unit (see paras 0077,0078).
Claims 10 and 11 are addressed by the body 12 and substrate holder 20 being shown to have the same diameter in the main figure.
Claim 12 is an intrinsic material in the formation of substrate holder arrangements.
Claim 13 adds details of how to select the gas pressure based on engineering principles such as referring to a look-up table and using temperature sensors in a manner that is intrinsic to the use of a substrate holder in semiconductor manufacturing.
Allowable Subject Matter
Claims 2-9 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: the above mentioned claims recite the additional feature of thermal conductivity sub-channels that have not been taught or been fairly suggested by the prior art of record.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEPHEN W JACKSON whose telephone number is (571)272-2051. The examiner can normally be reached M-F 6:30-3:00.
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SWJackson
December 12, 2025
/STEPHEN W JACKSON/Primary Examiner, Art Unit 2838