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
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 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) 1-2, 4, and 6-7 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Fukui et al. (US 2024/0096650A1; previously cited on PTO-892 of 9/17/2025).
Re claim 1, Fukui et al. teach a substrate processing apparatus including a chamber 12 for treating a substrate W using a supercritical fluid, the method comprising, a pressurization operation in which the fluid is supplied into the chamber through a lower side 34 to pressurize the fluid to a predetermined process pressure (paragraphs 55-56), a process operation in which the fluid is supplied into the chamber and is simultaneously discharged from the chamber and the substrate is treated with supercritical fluid (paragraphs 62, 64). Specifically, paragraph 64 teaches when the processing chamber has reached the supercritical state, the second fluid supplier 22 flows through the area above the substrate and is then discharged from the fluid discharger 24. In reference to a depressurization operation, applicant is directed to paragraphs 62 and 64. In reference to the fluid being supplied only to the lower side of the chamber, applicant is directed to paragraph 53 which teaches that the fluid is supplied through first supply line 34. Re claim 2, after the fluid has reached a supercritical state (paragraphs 60 -64), a second time interval occurs in which valves V2, V3, V5-V6 are opened and the second fluid supplier 22 flows through the area above the substrate and valves V1 and V4 are closed, therefore no fluid is flowed through the lower side of the chamber. Re claim 4, the limitations of at least one first time interval and at least one second time interval alternately arranged are met since the prior art teaches supplying the fluid at the lower side of the chamber, followed by closing the supply of the fluid to the lower side of the chamber and supplying the fluid to the upper side of the fluid. Re claim 6, the claim is broadly interpreted as the pulse wave is a result of fluid being inside the chamber. Since Fukui et al. teach the fluid in the chamber, the limitations are inherently met. Additionally, the examiner argues that since Fukui et al. teach pressurization and depressurization of the chamber, the processing steps would inherently result in a pulse wave since Fukui et al. is performing the same steps as the instantly claimed invention. Re claim 7, the limitations are broadly interpreted as performing an exhaustion step, followed by supplying the fluid to the lower side of the chamber, the limitations of which are met since paragraph 79 teaches pressure lowering and pressure raising are repeatedly performed followed by an exhaust process.
Response to Arguments
5. The rejection of the claims under 112, second paragraph is withdrawn in view of the newly amended claims.
6. The rejections of the claims as being anticipated and unpatentable over Heo are withdrawn and all arguments are deemed moot in view of the newly amended limitations. The prior art of Fukui et al. is relied upon to cure the deficiency.
7. Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
8. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Sharidan Carrillo whose telephone number is (571)272-1297. The examiner can normally be reached M-F, 7:00am-4:00pm.
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, Michael Barr can be reached at 571-272-1414. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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Sharidan Carrillo
Primary Examiner
Art Unit 1711
/Sharidan Carrillo/Primary Examiner, Art Unit 1711 bsc