Prosecution Insights
Last updated: July 17, 2026
Application No. 18/720,841

PAD CONDITIONING BRUSH

Non-Final OA §102§103
Filed
Jun 17, 2024
Priority
Dec 31, 2021 — provisional 63/295,582 +2 more
Examiner
SOTO, CHRISTOPHER ASHLEY
Art Unit
Tech Center
Assignee
3M Innovative Properties Company
OA Round
1 (Non-Final)
54%
Grant Probability
Moderate
1-2
OA Rounds
10m
Est. Remaining
83%
With Interview

Examiner Intelligence

Grants 54% of resolved cases
54%
Career Allowance Rate
63 granted / 117 resolved
-6.2% vs TC avg
Strong +29% interview lift
Without
With
+28.8%
Interview Lift
resolved cases with interview
Typical timeline
2y 11m
Avg Prosecution
42 currently pending
Career history
175
Total Applications
across all art units

Statute-Specific Performance

§103
86.9%
+46.9% vs TC avg
§102
8.4%
-31.6% vs TC avg
§112
4.5%
-35.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 117 resolved cases

Office Action

§102 §103
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 . 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. Claims 1-3, 7, 8, 10-13, and 16-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Xu (US 20080254722 A1). Referring to claim 1: Xu discloses a pad conditioning brush (shown in Figs. 1A, 2A, and 2B), comprising: a carrier layer (102/104); a plurality of brush bristles (112/122) extending from the carrier layer (102/104); wherein the plurality of brush bristles are abrasive particle-free (“Since the hardness of the plastic nodules is less than that of the conventional diamond abrasives, but is still sufficient to perform the functions of retexturing the pad surface, the application of plastic nodules can avoid being too aggressive on the polishing pad, thus prolonging the pad life.” [0021]; “The brush elements 122 can be made of PET or nylon in the form of fibers or bristles, but are not limited to thereto, and may be varied in accordance with the requirement of the rigidity of the brush elements 122” [0025]); wherein the carrier layer and the plurality of brush bristles (112/122) form a unitary body (shown in Fig. 2B); where the pad conditioning brush has sufficient stiffness to texture a chemical mechanical polishing pad with a hardness of 20 Shore A (“pad conditioners using plastic nodules in place of the diamond abrasives for conditioning a CMP polishing pad, especially for a soft polishing pad. One example of a soft pad is a pad having a Shore A hardness equal to or less than 70.” [0021]). Referring to claim 2: Xu discloses the pad conditioning brush of claim 1, wherein the pad conditioning brush has a working surface (working surface of 102/104) defined by the side of the carrier layer from which the plurality of brush bristles (112/122) extend, and wherein the working surface (working surface of 102/104) of the pad conditioning brush is metal-free “The material forming the brush elements may include PET or nylon, and the height of each of the brush elements may be greater than the height of each of the plastic nodules.” [0008] “and the material forming the base plate 102 can be the same as or different from that forming the plastic nodules 112.” [0024]; “For the nylon brush elements in the form of bristles on top of the base plate 104 such as a polypropylene disk” [0025]. Referring to claim 3: Xu discloses the pad conditioning brush of claim 1, wherein the plurality of brush bristles (112/122) include a first material and a second material (“The base plate 102 may be made of materials such as PPS, PET polyimide or polyamide-imide, and the material forming the base plate 102 can be the same as or different from that forming the plastic nodules 112” [0024]; “The brush elements 122 can be made of PET or nylon in the form of fibers or bristles, but are not limited to thereto, and may be varied in accordance with the requirement of the rigidity of the brush elements 122” [0025]) at least partially overlaying the first material, wherein the second material is harder than the first material (“the pad conditioner has a plastic abrasive portion 110 having a first hardness and a brush portion 120 having a second hardness less than the first hardness” [0025]). Referring to claim 7: Xu discloses the pad conditioning brush of claim 1, wherein the plurality of brush bristles (112/122) include a composite including a polymer (“materials such as PPS, PET polyimide or polyamide-imide, and the material forming the base plate 102 can be the same as or different from that forming the plastic nodules 112” [0024]; “The brush elements 122 can be made of PET or nylon in the form of fibers or bristles, but are not limited to thereto, and may be varied in accordance with the requirement of the rigidity of the brush elements 122. For the soft PET fibers, an adhesive film (not shown) is used to adhere PET fibers to the inner circle of the metal disk 100 with or without the base plate 104” [0025]), an impact modifier (110/120), and a stiffening fiber (“fiber” [0025]). Referring to claim 8: Xu discloses the pad conditioning brush of claim 7, wherein the polymer includes an aliphatic polyamide (“The brush elements 122 can be made of PET or nylon in the form of fibers or bristles, but are not limited to thereto” [0025]; nylon is known to be an aliphatic polyamide). Referring to claim 10: Xu discloses the pad conditioning brush of claim 1, wherein the plurality of brush bristles includes bristles that have a regular shape (“The shape of each of the plastic nodules 112 can be, for example, a rectangular prism as shown in FIG. 1B. However, other types of prisms or the like are also applicable to the plastic nodules contemplated herein. For example, the plastic nodules may be rectangular, square, circular, oval, or kidney-shape, among others.” [0024]). Referring to claim 11: Xu discloses the pad conditioning brush of claim 10, wherein the plurality of brush bristles include bristles that have a cylindrical, conical, or tetrahedral shape (“The shape of each of the plastic nodules 112 can be, for example, a rectangular prism as shown in FIG. 1B. However, other types of prisms or the like are also applicable to the plastic nodules contemplated herein. For example, the plastic nodules may be rectangular, square, circular, oval, or kidney-shape, among others.” [0024]). Referring to claim 12: Xu discloses the pad conditioning brush of claim 1, wherein the plurality of brush bristles include bristles that have an irregular shape (“The shape of each of the plastic nodules 112 can be, for example, a rectangular prism as shown in FIG. 1B. However, other types of prisms or the like are also applicable to the plastic nodules contemplated herein. For example, the plastic nodules may be rectangular, square, circular, oval, or kidney-shape, among others.” [0024]). Referring to claim 13: Xu discloses the pad conditioning brush of claim 1, wherein the plurality of brush bristles (112/122) include bristles that have a combination of shapes (see figs. 2A and 2B; “The shape of each of the plastic nodules 112 can be, for example, a rectangular prism as shown in FIG. 1B. However, other types of prisms or the like are also applicable to the plastic nodules contemplated herein. For example, the plastic nodules may be rectangular, square, circular, oval, or kidney-shape, among others” [0024]). Referring to claim 16: Xu discloses a pad conditioning brush (shown in Figs. 1A, 2A, and 2B), comprising: a carrier layer (102/104); a plurality of brush bristles (112/122) extending from the carrier layer (102/104); wherein the plurality of brush bristles are abrasive particle-free (“Since the hardness of the plastic nodules is less than that of the conventional diamond abrasives, but is still sufficient to perform the functions of retexturing the pad surface, the application of plastic nodules can avoid being too aggressive on the polishing pad, thus prolonging the pad life.” [0021]; “The brush elements 122 can be made of PET or nylon in the form of fibers or bristles, but are not limited to thereto, and may be varied in accordance with the requirement of the rigidity of the brush elements 122” [0025]); wherein the carrier layer and the plurality of brush bristles (112/122) form a unitary body (shown in Fig. 2B); wherein the plurality of brush bristles (112/122) include a composite including a polymer (“materials such as PPS, PET polyimide or polyamide-imide, and the material forming the base plate 102 can be the same as or different from that forming the plastic nodules 112” [0024]; “The brush elements 122 can be made of PET or nylon in the form of fibers or bristles, but are not limited to thereto” [0025]) and an impact modifier (110/120). Referring to claim 17: Xu discloses a method of conditioning a chemical mechanical polishing pad (“for conditioning a CMP polishing pad” [0021]), comprising: providing a chemical mechanical polishing pad (“CMP polishing pad” [0021]); providing a pad conditioning brush (shown in Figs. 1A, 2A, and 2B) as in claim 1 (see claim 1 above); contacting the pad conditioning brush (shown in Figs. 1A, 2A, and 2B) to the chemical mechanical polishing pad; and texturing (“for conditioning a CMP polishing pad” [0021]) the chemical mechanical polishing pad. Referring to claim 18: Xu discloses the method of claim 17, wherein the chemical mechanical polishing pad has a hardness between 20 Shore A and 75 Shore D (“pad conditioners using plastic nodules in place of the diamond abrasives for conditioning a CMP polishing pad, especially for a soft polishing pad. One example of a soft pad is a pad having a Shore A hardness equal to or less than 70.” [0021]). Referring to claim 19: Xu discloses the method of claim 17, wherein contacting the pad conditioning brush to the chemical mechanical polishing pad occurs in the presence of a slurry (“the brush portion is used for removing slurry by-products accumulated in the pad groovings.” [0022]). Referring to claim 20: Xu discloses a method of conditioning a chemical mechanical polishing pad (“pad conditioners using plastic nodules in place of the diamond abrasives for conditioning a CMP polishing pad, especially for a soft polishing pad.” [0021]), comprising: providing a pad conditioner (shown in Figs. 1A, 2A, and 2B) including a unitary working surface (working surface of 102/104) that is metal-free and abrasive particle-free (“The material forming the brush elements may include PET or nylon, and the height of each of the brush elements may be greater than the height of each of the plastic nodules.” [0008]; “pad conditioners using plastic nodules in place of the diamond abrasives for conditioning a CMP polishing pad, especially for a soft polishing pad. One example of a soft pad is a pad having a Shore A hardness equal to or less than 70.” [0021]; “and the material forming the base plate 102 can be the same as or different from that forming the plastic nodules 112.” [0024]; “For the nylon brush elements in the form of bristles on top of the base plate 104 such as a polypropylene disk” [0025]; providing a chemical mechanical polishing pad (“CMP polishing pad” [0021]); contacting the pad conditioner to the chemical mechanical polishing pad; and texturing (“pad conditioners using plastic nodules in place of the diamond abrasives for conditioning a CMP polishing pad, especially for a soft polishing pad.” [0021]) the chemical mechanical polishing pad. 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 4-6, 14, and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Xu (US 20080254722 A1). Referring to claim 4: Xu discloses the pad conditioning brush of claim 1, but is silent on wherein the plurality of brush bristles are specifically hydrophilic. Per MPEP 2143-E, choosing from a finite number of identified predictable solutions, with a reasonable expectation of success supports a conclusion of obviousness. In the instant case, the finite number of identified predictable solutions are: hydrophilic or hydrophobic brush bristles; further, the prior art teaches brush bristles. Therefore, modifying the pad conditioning brush of Xu to have specifically hydrophilic brush bristles, can easily be made without any change in the operation of the pad conditioning brush of Xu with reasonable expectations of success. Since the Applicant’s specification does not show the criticality to the material’s property, it would have been obvious to have modified the pad conditioning brush of Xu to have brush bristles specifically being hydrophilic for the purpose of having the bristles absorb the working polishing liquid to minimize heat or improving its service life. Referring to claim 5: Xu discloses the pad conditioning brush of claim 1, but is silent on wherein the pad conditioning brush has sufficient stiffness to texture a chemical mechanical polishing pad with a hardness of 80 Shore A. Per MPEP 2143-E, choosing from a finite number of identified predictable solutions, with a reasonable expectation of success supports a conclusion of obviousness. In the instant case, the finite number of identified predictable solutions are: the pad conditioning brush has sufficient stiffness to texture a chemical mechanical polishing pad with a hardness of 80 Shore A, less than 80 Shore A, or greater than 80 Shore A; further, the prior art teaches its intent of operating in “one example” with “a pad having a Shore A hardness equal to or less than 70” [0021]. Therefore, modifying the pad conditioning brush of Xu to have the pad conditioning brush having sufficient stiffness to texture a chemical mechanical polishing pad with a hardness of 80 Shore A, can easily be made without any change in the operation of the pad conditioning brush of Xu with reasonable expectations of success. Since the Applicant’s specification does not show the criticality to the material’s property, it would have been obvious to have modified the pad conditioning brush of Xu to have sufficient stiffness to texture a chemical mechanical polishing pad with a hardness of 80 Shore A for the purpose of having the adequate stiffness to achieve the intended result. Referring to claim 6: Xu discloses the pad conditioning brush of claim 6, but is silent on wherein the pad conditioning brush has sufficient stiffness to texture a chemical mechanical polishing pad with a hardness of 65 Shore D. Per MPEP 2143-E, choosing from a finite number of identified predictable solutions, with a reasonable expectation of success supports a conclusion of obviousness. In the instant case, the finite number of identified predictable solutions are: the pad conditioning brush has sufficient stiffness to texture a chemical mechanical polishing pad with a hardness of 65 Shore D, less than 65 Shore D, or greater than 65 Shore D A; further, the prior art teaches its intent of operating in “one example” with “a pad having a Shore A hardness equal to or less than 70” [0021]. Therefore, modifying the pad conditioning brush of Xu to have the pad conditioning brush having sufficient stiffness to texture a chemical mechanical polishing pad with a hardness of 65 Shore D, can easily be made without any change in the operation of the pad conditioning brush of Xu with reasonable expectations of success. Since the Applicant’s specification does not show the criticality to the material’s property, it would have been obvious to have modified the pad conditioning brush of Xu to have sufficient stiffness to texture a chemical mechanical polishing pad with a hardness of 65 Shore D for the purpose of having the adequate stiffness to achieve the intended result. Referring to claim 14: Xu discloses the pad conditioning brush of claim 1, but is silent on wherein the plurality of brush bristles include bristles that have an aspect ratio between 1.5:1 and 10:1. Per MPEP 2143-E, choosing from a finite number of identified predictable solutions, with a reasonable expectation of success supports a conclusion of obviousness. In the instant case, the finite number of identified predictable solutions are: bristles that have an aspect ratio between 1.5:1 and 10:1, greater than 10:1, or less than 1.5:1; further, the prior art teaches brush bristles with different shapes [0024]. Therefore, modifying the pad conditioning brush of Xu to have the bristles that have an aspect ratio between 1.5:1 and 10:1, can easily be made without any change in the operation of the pad conditioning brush of Xu with reasonable expectations of success. Since the Applicant’s specification does not show the criticality to the material’s property, it would have been obvious to have modified the pad conditioning brush of Xu to have to have the bristles that have an aspect ratio between 1.5:1 and 10:1 for the purpose of having the adequate surface structure for achieving the intended result. Referring to claim 15: Xu discloses the pad conditioning brush of claim 1, but is silent on wherein the plurality of brush bristles each have an aspect ratio greater than 1.5:1. Per MPEP 2143-E, choosing from a finite number of identified predictable solutions, with a reasonable expectation of success supports a conclusion of obviousness. In the instant case, the finite number of identified predictable solutions are: bristles that have an aspect ratio greater than 1.5:1, equal to 1.5:1, or less than 1.5:1; further, the prior art teaches brush bristles with different shapes [0024]. Therefore, modifying the pad conditioning brush of Xu to have the bristles that have an aspect ratio greater than 1.5:1, can easily be made without any change in the operation of the pad conditioning brush of Xu with reasonable expectations of success. Since the Applicant’s specification does not show the criticality to the material’s property, it would have been obvious to have modified the pad conditioning brush of Xu to have to have the bristles that have an aspect ratio greater than 1.5:1 for the purpose of having the adequate surface structure for achieving the intended result. Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Xu (US 20080254722 A1) and Nagafuchi (US 20120028552 A1). Referring to claim 9: Xu discloses the pad conditioning brush of claim 7, but is silent on wherein the stiffening fiber specifically includes at least one of a meta-aramid fiber or a carbon fiber (“Specific examples of the core material include metal lines, wires, cotton threads and carbon fibers” [0058] of Nagafuchi). Nagafuchi teaches a carbon stiffening fiber (“Specific examples of the core material include metal lines, wires, cotton threads and carbon fibers” [0058]). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the brush bristles of Xu with the stiffening member as taught by Nagafuchi for the purpose of having the bristles with the adequate stiffness to achieve the intended result. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER SOTO whose telephone number is (571)272-8172. The examiner can normally be reached Monday-Friday, 8a.m. - 5 p.m.. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Monica Carter can be reached at 571-272-4475. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. CHRISTOPHER SOTO Examiner Art Unit 3723 /CHRISTOPHER SOTO/Examiner, Art Unit 3723 /MONICA S CARTER/Supervisory Patent Examiner, Art Unit 3723
Read full office action

Prosecution Timeline

Jun 17, 2024
Application Filed
Jun 29, 2026
Non-Final Rejection mailed — §102, §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
54%
Grant Probability
83%
With Interview (+28.8%)
2y 11m (~10m remaining)
Median Time to Grant
Low
PTA Risk
Based on 117 resolved cases by this examiner. Grant probability derived from career allowance rate.

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