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 .
DETAILED ACTION
Election/Restrictions
Applicant’s election without traverse of Invention III, Species I, claims 1-2, 4-15, 31-32, 34-35, and 37-40 in the reply filed on 3 August 2026 is acknowledged. However, upon further review by the Examiner, it was determined that claims 31-40 do not read on elected Species I (see attached interview summary). A telephone call was made to Mr. Jeffrey Chapp to discuss this, and an election was made to examine Invention I, Species I, claims 1-2, 4-8, and 11-15.
Claims 3, 9-10, and 16-50 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention/species, there being no allowable generic or linking claim. Election was made without traverse in the telephone call made on 10 August 2026.
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 of this title, 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 1-2, 5-8, and 11-15 are rejected under 35 U.S.C. 103 as being unpatentable over Wakabayashi et al. (US 11,551,960) in view of Itoyama et al. (JP 2023-6679 A).
Regarding claim 1, Wakabayashi et al. discloses an electrostatic chuck 150 for a substrate, comprising: a baseplate 204 including a first surface 212 and a cavity (for plug 224 and cap ring 218, see figure 3) arranged on the first surface; a top plate 202 including a first plug 302; a second plug 224 arranged between the top plate and the cavity; and a bonding material 326 attaching the top plate to the first surface of the baseplate. Wakabayashi et al. does not disclose one or more spring members including a first spring member arranged in the cavity, or the second plug arranged between the top plate and the first spring member. Itoyama et al. teaches the use of an electrostatic chuck 110 (figure 4a) comprising a base plate 50 with a top surface and a cavity 53a, the cavity including a plug 70 and first and second spring members 90, the spring members used for the purpose of preventing misalignment of the plug within the cavity. Therefore, it would have been obvious to one having ordinary skill in the art prior to the effective filing date of the invention to have combined the electrostatic chuck of Wakabayashi et al. with the spring members of Itoyama et al. in order to make sure that the plug is positioned accurately within the cavity.
Regarding claim 2, the modified invention of Wakabayashi et al. discloses wherein the first spring member (spring member 90 of Itoyama et al.) biases the second plug 224 into direct contact with a second surface 216 of the top plate 202 and wherein the top plate, the first plug 302 and the second plug are made of ceramic (all may be made of ceramic materials such as aluminum oxide or aluminum nitride).
Regarding claim 5, the modified invention of Wakabayashi et al. discloses wherein the second plug 224 is made of porous ceramic.
Regarding claim 6, the modified invention of Wakabayashi et al. discloses wherein the second plug 224 has a diameter that is greater than a diameter of the first plug 302 (see figure 3).
Regarding claim 7, the modified invention of Wakabayashi et al. discloses wherein the second plug 224 includes an annular outer channel (formed by the upper surface of peripheral portion 324 radially outward from central portion 322, see figure 3) formed on a radially outer surface 324 thereof to receive the bonding material 326.
Regarding claim 8, the modified invention of Wakabayashi et al. discloses wherein the second plug 224 is made of porous ceramic and does not include a gas through-hole (see figure 3).
Regarding claim 11, the modified invention of Wakabayashi et al. discloses wherein the second plug 224 includes a cylindrical body 218/224 with a radially outer portion 218 made of non-porous ceramic and a radially inner portion 224 made of porous ceramic. 204
Regarding claim 12, the modified invention of Wakabayashi et al. discloses further comprising a sleeve 218 arranged between the second plug 224 and side surfaces of the cavity (cavity formed in base plate 204, see figure 3).
Regarding claim 13, the modified invention of Wakabayashi et al. discloses further comprising a second spring member (second spring member 90 of Itoyama et al., see figure 4a) arranged in the cavity to bias the sleeve against the top plate.
Regarding claim 14, the modified invention of Wakabayashi et al. discloses wherein the second plug 224 is made of porous ceramic.
Regarding claim 15, the modified invention of Wakabayashi et al. discloses the invention substantially as claimed, except Wakabayashi et al. does not distinctly disclose wherein the sleeve 218 is made of ceramic, only disclosing that in some embodiments it may be made of aluminum. However, it would have been obvious to one having ordinary skill in the art prior to the effective filing date of the invention to have made the sleeve from ceramic for the purpose of optimizing the material properties of the sleeve, because it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. Sinclair & Carroll Co. v. Interchemical Corp., 325 U.S. 327, 65 USPQ 297 (1945) See also In re Leshin, 277 F.2d 197, 125 USPQ 416 (CCPA 1960)
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Wakabayashi et al. (US 11,551,960) in view of Itoyama et al. (JP 2023-6679 A) and further in view of Sulyman et al. (US 12,341,048).
Regarding claim 4, the modified invention of Wakabayashi et al. discloses wherein the first plug 302 is made of ceramic and is formed in situ in the top plate 202. Wakabayashi et al. does not distinctly disclose that the first plug is made of a porous ceramic. However, Wakabayashi et al. discloses that the chuck may include one or more porous plugs for the purpose of facilitating the flow of gas from the one or more second channels 222 to the upper surface 212 of the metallic base plate 204. Sulyman et al. teaches the use of an electrostatic chuck 202 that may comprise a single porous plug 200 (figure 2), but may also comprise a first porous plug 304 that is located above a second porous plug 302 for the purpose of providing improved gas delivery in the chuck while providing reduced arcing in the chuck. Therefore, it would have been obvious to one having ordinary skill in the art prior to the effective filing date of the invention to have replaced the first plug of Wakabayashi et al. with a second porous plug as taught by Sulyman et al. in order to provide optimal gas flow without increasing the possibility of arcing.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Parkhe et al. (US 10,688,750) discloses an electrostatic chuck with a porous plug and spring member.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ERIC ANDREW GATES whose telephone number is (571)272-5498. The examiner can normally be reached on M-Th 9-6, Alt Fr 9-5.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Sunil Singh, can be reached on 571-272-3460. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/ERIC A. GATES/Primary Examiner, Art Unit 3722 11 August 2026
Prosecution Insights