Prosecution Insights
Last updated: April 19, 2026
Application No. 18/796,945

HOLDING APPARATUS, LITHOGRAPHY APPARATUS, AND ARTICLE MANUFACTURING METHOD

Non-Final OA §102§103§112
Filed
Aug 07, 2024
Examiner
KIM, PETER B
Art Unit
2882
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Canon Kabushiki Kaisha
OA Round
1 (Non-Final)
83%
Grant Probability
Favorable
1-2
OA Rounds
2y 8m
To Grant
92%
With Interview

Examiner Intelligence

Grants 83% — above average
83%
Career Allow Rate
776 granted / 938 resolved
+14.7% vs TC avg
Moderate +9% lift
Without
With
+9.1%
Interview Lift
resolved cases with interview
Typical timeline
2y 8m
Avg Prosecution
34 currently pending
Career history
972
Total Applications
across all art units

Statute-Specific Performance

§101
2.2%
-37.8% vs TC avg
§103
41.2%
+1.2% vs TC avg
§102
24.3%
-15.7% vs TC avg
§112
19.0%
-21.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 938 resolved cases

Office Action

§102 §103 §112
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 § 112 The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. Claims 19, 20 and 23 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Regarding claim 19, it is unclear what “a plurality of phase change material” means. Does it beam each projecting portions of made of different phase change material or does it mean a plurality of the same phase change material is used to make separate projecting portions? In order to expedite prosecution, the latter is assumed. Regarding claim 20, it is unclear what “a single phase change material” means. Does it mean one type of phase material is used to make a plurality of projecting portions or does it mean that the plurality of projecting portions are made from one continuous single phase material? In order to expedite prosecution and to differentiate from claim 19, the latter is assumed. Regarding claim 23, it is unclear if “a substrate” and “a lithographic apparatus” is the same substrate and the same lithographic apparatus in claim 22, which claim 23 depends on. It is assumed that they are the same. 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, 9 and 17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wu et al. (Wu) (CN 108062124 in IDS, translation provided with Office Action, para numbers refer to translation). Regarding claim 1, Wu discloses a holding apparatus (Fig. 2, para 0039-0042) comprising: a holding unit configured to hold an object (201); a phase change material (2031, para 0042) arranged in the holding unit or on a holding surface for the object, which undergoes phase change between an amorphous phase and a crystalline phase and changes in volume with the phase change (para 0048, 0051); and a control unit (para 0043, multiple drive control circuits) configured to control heating of the phase change material using a heating unit (2032, para 0042) configured to heat the phase change material so as to deform the holding surface by causing volume change of the phase change material (para 0051, 0052, inherently when a material changes phase from amorphous to crystalline, the material would change in volume). According to MPEP 2114, manner of operating the device does not differentiate apparatus claim from the prior art. Para 0049 of Wu discloses the material of phase material GeSbTe, which is also disclosed in the instant application. Regarding claim 2, Wu discloses the control unit to cause phase change (para 0047, 0051, 0052, inherently holding surface would be deformed by volume change caused by phase change) by executing a first step of making the phase change material amorphous by heating the phase change material by using the heating unit (2032, para 0042) to a temperature exceeding a melting point (para 0051, “heating, dissolving”) and then cooling the phase change material (para 0051, “after heating, dissolving, and cooling, the ordered crystalline phase…can be transformed into a disordered amorphous phase”); and a second step of heating a part of the phase change material by using the heating unit (para 0051, “annealing (heating at a certain temperature)”) to a temperature exceeding a glass transition temperature (para 0060, “above the crystallization temperature and below the melting temperature”) and then cooling the phase change material (para 0051, “annealing” includes heating and cooling). Regarding claim 9, Wu discloses wherein the heating unit includes a plurality of heating units, and the control unit is configured to perform ON/OFF-control of each of the plurality of heating units (para 0042, “multiple independently controllable resistance heating…to achieve local temperature control”). Regarding claim 17, Wu discloses wherein a plurality of the phase change materials (2031) are arranged in the holding unit (Fig. 2, 3). Claim(s) 1, 13-15, 22 and 23 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Vink et al. (Vink) (2005/0061995). Regarding claim 1, Vink discloses a holding apparatus (Fig. 2, para 0046) comprising: a holding unit configured to hold an object (W, Fig. 1, para 0046); a phase change material arranged in the holding unit or on a holding surface for the object, which undergoes phase change between an amorphous phase and a crystalline phase and changes in volume with the phase change (para 0054, “formation of a glassy phase (i.e. a solid phase with no long range lattice order) instead of a lattice order in the material”, “Formation of a glass phase may be used to create a semi-permanent swelling in the sense that after subsequent heating with slow cooling, the protrusion may be returned to a crystalline phase”); and a control unit configured to control heating of the phase change material using a heating unit configured to heat the phase change material so as to deform the holding surface by causing volume change of the phase change material (para 0055, “the swelled state is used to create a protrusion with increased height”, claim 8, “the height adjustment device comprises a laser arranged to project a beam onto selectable protrusions with an intensity level selected to heat the protrusion material so that the protrusion material assumes an at least semi-permanently swelled phase after cooling, the controller being arranged to control an energy density delivered by the laser to the protrusions dependent on the height deviations measured for the protrusions”). Regarding claim 13, Vink discloses wherein the heating unit is arranged upwardly apart from the holding surface (54, Fig. 4, para 0053, 0054). Regarding claim 14, Vink discloses wherein the heating unit heats the phase change material by irradiating the holding surface with electromagnetic radiation (para 0053, heat by laser). Regarding claim 15, Vink discloses wherein the holding surface includes a plurality of projecting portions (24, Fig. 2, para 0047-0049), and the phase change material is arranged on an upper surface of each of the plurality of projecting portions (para 0053, 0054, claim 3). Regarding claim 22, Vink discloses a lithography apparatus (Fig. 1, para 0038) that forms a pattern on a substrate (W), comprising a holding apparatus defined in claim 1 (see above), and configured to hold the substrate as an object (Fig. 2, para 0046). Regarding claim 23, Vink discloses an article manufacturing method comprising: a step of forming a pattern on a substrate using a lithography apparatus (para 0040-0042) defined in claim 22; and a step of processing the substrate with the pattern formed thereon in the preceding step, wherein an article is manufactured from the processed substrate (inherent process steps after exposure). Claim Rejections - 35 USC § 103 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 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. Claim(s) 3, 4, 6-8, 10 and 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wu et al. (Wu) in view of Vink et al. (Vink). Regarding claim 3, Wu discloses the claimed invention as discussed above; however, Wu does not disclose wherein the control unit is configured to decide the part based on a measurement result of a shape of one of the holding surface and a surface of the object held by the holding unit. Vink discloses an exposure apparatus (Fig. 1) comprising a control unit (Fig. 5, para 0056) configured to decide the part (protrusion 24, Fig. 2, para 0053, 0054) based on a measurement result of a shape of one of the holding surface (WT) and a surface of the object (W) held by the holding unit (WT, Fig. 6, para 0057-0060, measuring device 50 measures the level of W, determines size deviation in particular protrusion). Therefore, it would have been obvious to one of ordinary skill in the art to modify the control unit to decide the part based on measurement result of the shape of one of the holding surface and a surface of the object held by the holding unit as taught by Vink in order to ensure that the height of the surface of the object is uniform for exposure. Regarding claim 4, Wu does not disclose wherein the measurement result includes information of a deformation amount, in an out-of-plane direction, of the surface of the object held by the holding unit. Vink discloses wherein the measurement result includes information of a deformation amount, in an out-of-plane direction, of the surface of the object held by the holding unit (Fig. 6, para 0057-0060). Therefore, it would have been obvious to one of ordinary skill in the art to measure the deformation amount in an out-of-plane direction, of the surface of the object held by the holding unit for the reasons stated above. Regarding claim 6, Wu does not disclose a measurement unit configured to measure the shape of one of the holding surface and the surface of the object held by the holding unit. Vink discloses a measurement unit (50, Fig. 6) configured to measure the shape of one of the holding surface and the surface of the object held by the holding unit (para 0057). Therefore, it would have been obvious to one of ordinary skill in the art to provide a measurement unit of Vink to the invention of Wu to ensure that the height of the surface of the object is uniform for exposure. Regarding claim 7, although Wu in view of Vink does not disclose wherein the second step includes, after executing partial shrinkage of the phase change material, measuring the shape of one of the holding surface and the surface of the object held by the holding unit by using the measurement unit, and the control unit is configured to repeat the second step until a difference between a target shape and the measured shape falls within an allowable range, the examiner takes an office notice that it would have been obvious to one of ordinary skill in the art to measure again the state of the object deformity after the change of the volume of the phase change material and to repeat the process until the surface of the object is in allowable range of uniformity since such practice is a customary and common in the art. Regarding claim 8, Wu discloses wherein the heating unit includes a plurality of heating units (2032, Fig. 2, 3, para 0042, 0043, “achieve local temperature control”). However, Wu does not disclose wherein the control unit is configured to control an amount of heat input to each of the plurality of heating units in a plurality of gradations. Vink discloses wherein the control unit is configured to control an amount of heat input to each of the plurality of heating units in a plurality of gradations (para 0055, 0057, 0066, 0067, claim 8). Therefore, it would have been obvious to one of ordinary skill in the art to control the amount of heat to each of the plurality of heating units in a plurality of gradation as taught by Vink for the invention of Wu in order to locally adjust the volume of the phase change material to obtain uniform surface of the object. Regarding claim 10, Wu discloses wherein the plurality of heating units are arranged in the holding unit (Fig. 2, 3). Regarding claim 11, Wu discloses wherein each of the plurality of heating units includes a heater element made of a resistive heat generating material (2032) which generates heat by supplied power (para 0042, 0043). Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wu et al. (Wu) in view of Vink et al. as applied to claim 3 above, and further in view of Kiuchi et al. (Kiuchi) (2008/0299492). Regarding claim 5, the further difference between the claimed invention and the modified Wu is wherein the measurement result includes information of a deformation amount, in an in-plane direction, of the surface of the object held by the holding unit. Kiuchi discloses an exposure apparatus (Fig. 1) comprising a holding apparatus (2, 3) and the method of measuring an in-plane-deformation of the surface of the object (W) held by the holding unit (para 0064, 0074). Therefore, it would have been obvious to one of ordinary skill in the art to further modify Wu by measuring the in-plane deformation of the object in order to ensure proper alignment for an exposure process as taught by Kiuchi in para 0074. Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wu et al. (Wu) in view of Vink et al. as applied to claim 10 above, and further in view of Ehm et al. (Ehm) (2013/0176545). Regarding claim 12, although the modified Wu does not disclose wherein each of the plurality of heating units includes an induction heating element that performs heating using electromagnetic induction generated by a coil arranged around a ferromagnetic material, such heating unit is well known in the art. For example, Ehm discloses heating unit for a mirror (1, Fig. 1, 5) in a projection optical system (15, Fig. 1) of an exposure apparatus (11, Fig. 1) comprising ferromagnetic material (21) and induction coils (2, para 0043). Therefore, it would have been obvious to one of ordinary skill in the art to provide the heating unit as claimed since 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 to achieve fast heating as taught by Ehm. Claim(s) 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Vink et al. (Vink) in view of Houbertz et al. (Houbertz) (2019/0193204). Regarding claim 16, Vink does not disclose wherein the heating unit includes a galvano scanner configured to deflect electromagnetic radiation generated from a radiation source such that not less than one portion of the phase change material is irradiated with the electromagnetic radiation. However, using a Galvano scanner to control and direct an electromagnetic radiation is well known in the art. For example, Houbertz discloses a device for laser-assisted machining using a galvano scanner to a suitable desired area (Fig. 1, para 0057). Therefore, it would have been obvious to one of ordinary skill in the art to provide a galvano scanner to direct the laser of Vink to a precise location of the phase change material to be heated. Claim(s) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wu et al. (Wu). Regarding claim 18, although Wu does not explicitly disclose a separation wall arranged between adjacent phase change materials and configured to reduce heat transfer between the phase change materials, Wu shows such wall in Fig. 2. Therefore, it would have been obvious to one of ordinary skill in the art to provide a separation wall between adjacent phase change materials to reduce heat transfer between the phase change materials in order to be able to locally and independently control the temperature conductivity and volume change of the phase change material. Claim(s) 19 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Vink et al. (Vink). Regarding claim 19, Vink discloses wherein the holding surface includes a plurality of projecting portions (24, Fig. 2, para 0046), and a plurality of phase change materials are arranged in each of the plurality of projecting portions (para 0053-0055). Although Vink does not explicitly disclose wherein the control unit is configured to tilt an upper surface of a projecting portion by differentiating an amount of heat input to each of the plurality of phase change materials in the projecting portion, Vink discloses determining which projection portions have height deviation and making changes to the height (para 0053-0055, 0060). Therefore, it would have been obvious to one of ordinary skill in the art to tilt an upper surface of a projecting portion by differentiating an amount of heat input to each of the plurality of phase change materials in the projecting portion (differentiating an amount of heat input is interpreted as providing heat to some protrusion to cause swelling as in para 0054 or not providing heat input to other protrusion, causing a tilt) depending on the parameter of the exposure process requiring the object or the substrate to be tilted. Regarding claim 20, Vink discloses wherein the holding surface includes a plurality of projecting portions (24, Fig. 2, para 0046), and a plurality of phase change materials are arranged in each of the plurality of projecting portions (para 0053-0055). Although Vink does not disclose a single phase change material arranged in each of the plurality of the projecting portions and wherein the control unit is configured to tilt an upper surface of a projecting portion by providing a distribution of the amount of heat input to the phase change material in the projecting portion, it would have been obvious to one of ordinary skill in the art to provide the table 22 and the projecting portions 24 made of the same continuous material since Vink discloses in para 0047 that both structure may be made of the same material. Further, it would have been obvious to one of ordinary skill in the art to tilt an upper surface of a projecting portion by providing a distribution of the amount of heat input to the phase change material in the projecting portion (distributing heat input is interpreted as providing heat to some protrusion to cause swelling as in para 0054 or not providing heat input to other protrusion, causing a tilt) depending on the parameter of the exposure process requiring the object or the substrate to be tilted. Allowable Subject Matter Claim 21 is 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. Wu et al. does not disclose a plurality of projecting portions and a gap arranged near a lower portion of the phase change material to increase a deformation amount of the phase change material. Wu et al. discloses the resistive heating unit 2032 near a lower portion of the phase change material. Vink et al. discloses a plurality of projecting portions (24, Fig. 2), but does not disclose a gap arranged near a lower portion of the phase change material to increase a deformation amount of the phase change material. The objective of Vink et al. is to increase the deformation amount in the top portion of the phase change material and does not disclose a gap near a lower portion of the phase change material to increase a deformation amount. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to PETER B KIM whose telephone number is (571)272-2120. The examiner can normally be reached M-F 8:00 AM - 4:00 PM. 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, Toan Ton can be reached at (571) 272-2303. 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. /PETER B KIM/Primary Examiner, Art Unit 2882 March 5, 2026
Read full office action

Prosecution Timeline

Aug 07, 2024
Application Filed
Mar 05, 2026
Non-Final Rejection — §102, §103, §112 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12596310
DETECTION DEVICE, LITHOGRAPHY APPARATUS, AND ARTICLE MANUFACTURING METHOD
2y 5m to grant Granted Apr 07, 2026
Patent 12591183
A SENSOR POSITIONING METHOD, A POSITIONING SYSTEM, A LITHOGRAPHIC APPARATUS, A METROLOGY APPARATUS, AND A DEVICE MANUFACTURING METHOD
2y 5m to grant Granted Mar 31, 2026
Patent 12578181
MEASURING METHOD, MEASURING APPARATUS, LITHOGRAPHY APPARATUS, AND ARTICLE MANUFACTURING METHOD
2y 5m to grant Granted Mar 17, 2026
Patent 12578661
APPARATUS FOR CLEANING AN EXTREME ULTRAVIOLET LIGHT CREATION CHAMBER
2y 5m to grant Granted Mar 17, 2026
Patent 12578185
ALIGNMENT DEVICE
2y 5m to grant Granted Mar 17, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

AI Strategy Recommendation

Get an AI-powered prosecution strategy using examiner precedents, rejection analysis, and claim mapping.
Powered by AI — typically takes 5-10 seconds

Prosecution Projections

1-2
Expected OA Rounds
83%
Grant Probability
92%
With Interview (+9.1%)
2y 8m
Median Time to Grant
Low
PTA Risk
Based on 938 resolved cases by this examiner. Grant probability derived from career allow rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month