Prosecution Insights
Last updated: April 19, 2026
Application No. 18/812,757

METHOD TO PERFORM IN-SITU VACUUM CONTAMINATION MEASUREMENT AND IDENTIFICATION IN ARBITRARILY LARGE CHAMBERS

Non-Final OA §102§103
Filed
Aug 22, 2024
Examiner
LE, MINH Q
Art Unit
3753
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Kla Corporation
OA Round
1 (Non-Final)
80%
Grant Probability
Favorable
1-2
OA Rounds
2y 5m
To Grant
97%
With Interview

Examiner Intelligence

Grants 80% — above average
80%
Career Allow Rate
589 granted / 735 resolved
+10.1% vs TC avg
Strong +17% interview lift
Without
With
+16.7%
Interview Lift
resolved cases with interview
Typical timeline
2y 5m
Avg Prosecution
24 currently pending
Career history
759
Total Applications
across all art units

Statute-Specific Performance

§101
0.1%
-39.9% vs TC avg
§103
43.2%
+3.2% vs TC avg
§102
38.5%
-1.5% vs TC avg
§112
16.5%
-23.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 735 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 . Information Disclosure Statement The information disclosure statement (IDS) submitted on 08/22/2024 and 03/28/2025 was filed after the mailing date of the Application on 08/22/2024. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. 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, 3-8, and 17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tomohiro et al. (JP 2022080642). With regards to claim 1: Tomohiro et al. discloses (refer to Fig. 1 below) a system (100) comprising: a primary vacuum chamber (10); a secondary vacuum chamber (20) connected to the primary vacuum chamber via a gate valve (12A), wherein the gate valve is operable between an open position in which the secondary vacuum chamber (20) is in fluid communication with the primary vacuum chamber (10) and a closed position in which the secondary vacuum chamber is sealed from the primary vacuum chamber; a heat exchanger (40) configured to cool the secondary vacuum chamber to adsorb contaminants from the primary vacuum chamber into the secondary vacuum chamber when the gate valve is in the open position; a gas source (60) configured to inject a carrier gas into the secondary vacuum chamber (20) when the gate valve (12A) is in the closed position, wherein the heat exchanger (40) is further configured to heat the carrier gas in the secondary vacuum chamber to desorb the contaminants into a gas sample with the carrier gas; and a sample container (50) configured to collect the gas sample from the secondary vacuum chamber (20). With regards to claim 3: Tomohiro et al. discloses (see [0036]) the system of claim 1, wherein the carrier gas comprises an inert gas. With regards to claim 4: Tomohiro et al. discloses (refer to Fig. 1 below) the system of claim 1, wherein a gas inlet (61B) and a gas outlet (52) are defined in the secondary vacuum chamber (20), the gas source (60) being in fluid communication with the gas inlet (61B) to inject the carrier gas into the secondary vacuum chamber (20), and the sample container (50) being in fluid communication with the gas outlet (52) to collect the gas sample from the secondary vacuum chamber (20). [AltContent: textbox (61B)][AltContent: arrow] PNG media_image1.png 1319 952 media_image1.png Greyscale Fig. 1 With regards to claim 5: Tomohiro et al. discloses (refer to Fig. 1 above) the system of claim 4, wherein the gas source (60) is configured to inject the carrier gas into the secondary vacuum chamber (20) by operation of an inlet valve (61A) disposed between the gas source (60) and the gas inlet (61B). With regards to claim 6: Tomohiro et al. discloses (refer to Fig. 1 above) the system of claim 4, wherein the sample container (50) is configured to collect the gas sample from the secondary vacuum chamber (20) by operation of an outlet valve (52A) disposed between the sample container (50) and the gas outlet (52). With regards to claim 7: Tomohiro et al. discloses (refer to Fig. 1 above) the system of claim 1, wherein the heat exchanger (40) is configured to circulate a cooling fluid from a cooling fluid source to cool the secondary vacuum chamber (20) and circulate a heating fluid from a heating fluid source to heat the secondary vacuum chamber (20) (see [0031]-[0033]). With regards to claim 8: Tomohiro et al. discloses (refer to Fig. 1 above) the system of claim 7, wherein the cooling fluid comprises liquid nitrogen (see [0031]). With regards to claim 17: In making and/or using the system of Tomohiro et al., one would necessarily perform the method comprising: producing a vacuum pressure in a primary vacuum chamber (10) and a secondary vacuum chamber (20) with a vacuum pump (30), wherein the secondary vacuum chamber is connected to the primary vacuum chamber via a gate valve (12A), and the secondary vacuum chamber is in fluid communication with the primary vacuum chamber with the gate valve in an open position; cooling the secondary vacuum chamber with a heat exchanger (40) to adsorb contaminants from the primary vacuum chamber into the secondary vacuum chamber (20); closing the gate valve (12A) to seal the secondary vacuum chamber from the primary vacuum chamber; injecting a carrier gas into the secondary vacuum chamber with a gas source (60); heating the secondary vacuum chamber with the heat exchanger (40) to desorb the contaminants into a gas sample with the carrier gas; and collecting the gas sample from the secondary vacuum chamber into a sample container (50). 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. Claim(s) 2, 9, 11-12, 15-16, and 18-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tomohiro et al.. With regards to claim 2: Tomohiro et al. discloses the system of claim 1, except further comprising a mass-spectrometer configured to process the gas sample in the sample container to identify the contaminants in the gas sample. This feature would be easily derived from disclosure of Tomohiro et al. (see [0049]: the gas sample in the second collection tube (50) can be analyzed qualitatively and/or quantitatively by a known analysis method such as a gas chromatography-mass spectrometry). With regards to claim 9: Tomohiro et al. discloses the system of claim 7, except wherein a cooling channel and a heating channel are defined in the heat exchanger, the cooling channel being in fluid communication with the cooling fluid source to circulate the cooling fluid, and the heating channel being in fluid communication with the heating fluid source to circulate the heating fluid. This feature would be easily derived from the disclosure of Tomohiro et al. (see paragraphs [0031]-[0033]: the heating and cooling unit ( 40) further comprises a plurality of fluid paths, wherein each of the plurality of fluid paths is configured to connect the cooling fluid source or the heating fluid source to the first collection tube (20)). With regards to claim 11: Tomohiro et al. discloses the system of claim 1, except wherein the heat exchanger comprises a coiled tube wrapped around an outer surface of the secondary vacuum chamber. This features would be easily derived from the disclosure of Tomohiro et al. (see paragraphs [0031]-[0033] and Fig. 1: the heating and cooling unit (40) is configured to surround the first collection tube (20), wherein the heating and cooling unit ( 40) and the plurality of fluid paths are covered in a heat insulation section, except part of the plurality of fluid paths connected to the first collection tube (20)). With regards to claim 12: Tomohiro et al. discloses the system of claim 11, except wherein a coiled groove is defined on the outer surface of the secondary vacuum chamber, and the coiled tube of the heat exchanger is disposed in the coiled groove. This features would be easily derived from the disclosure of Tomohiro et al. (see paragraphs [0031]-[0033] and Fig. 1: the heating and cooling unit (40) is configured to surround the first collection tube (20), wherein the heating and cooling unit ( 40) and the plurality of fluid paths are covered in a heat insulation section, except part of the plurality of fluid paths connected to the first collection tube (20)). With regards to claim 15: Tomohiro et al. discloses the system of claim 1, except wherein the primary vacuum chamber is defined in a housing, and the secondary vacuum chamber is defined in a full nipple fitting connected to the housing via the gate valve. This features would be easily derived from the disclosure of Tomohiro et al. (see paragraph [0013] and figure 1: the chamber (10) and the first collection tube (20) are connected by the first valve (12A)). With regards to claim 16: Tomohiro et al. discloses the system of claim 1, except further comprising: a processor in electronic communication with the gate valve to control operation of the gate valve between the open position and the closed position. This features would be easily derived from the disclosure of Tomohiro et al. (see paragraph [0037]: the gas collection device (100) further comprises a control unit that is configured to control operation of the first valve (12A) between the open position and the closed position). With regards to claim 18: Tomohiro et al. discloses the method of claim 17, except comprising: processing the gas sample from the sample container with a mass-spectrometer to identify the contaminants. This feature would be easily derived from disclosure of Tomohiro et al. (see [0049]: the gas sample in the second collection tube (50) can be analyzed qualitatively and/or quantitatively by a known analysis method such as a gas chromatography-mass spectrometry). With regards to claim 19: Tomohiro et al. discloses the method of claim 17, except wherein: cooling the secondary vacuum chamber with the heat exchanger comprises: circulating a cooling fluid from a cooling fluid source through a cooling channel of the heat exchanger; and heating the secondary vacuum chamber with the heat exchanger comprises: circulating a heating fluid from a heating fluid source through a heating channel of the heat exchanger. This feature would be easily derived from the disclosure of Tomohiro et al. (see paragraphs [0031]-[0033]: the heating and cooling unit ( 40) further comprises a plurality of fluid paths, wherein each of the plurality of fluid paths is configured to connect the cooling fluid source or the heating fluid source to the first collection tube (20)). Claim(s) 10 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tomohiro et al., as applied to claims 7 and 17 above, and further in view of Park et al. (US 2016/0273830). With regards to claim 10: Tomohiro et al. discloses the system of claim 7 (see rejected claim 7 above). Tomohiro et al. does not disclose a common fluid channel is defined in the heat exchanger connected to a switching valve, and the switching valve is operable between a cooling position in which the common fluid channel is in fluid communication with the cooling fluid source to circulate the cooling fluid and a heating position in which the common fluid channel is in fluid communication with the heating fluid source to circulate the heating fluid. Park et al. discloses (refer to Fig. 2 below) a heat exchanger comprises a common fluid channel (670) is defined in the heat exchanger connected to a switching valve (V), and the switching valve is operable between a cooling position in which the common fluid channel is in fluid communication with the cooling fluid source (660) to circulate the cooling fluid and a heating position in which the common fluid channel is in fluid communication with the heating fluid source (665) to circulate the heating fluid. 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 system of Tomohiro et al. to have the heat exchanger design disclosed by Park et al. as an alternative design for the heat exchanger (40) of Tomohiro et al. to provide the simple heat exchanger design wherein less pipe are required (by using common fluid channel for both cooling and heating fluid). With regards to claim 20: Tomohiro et al., as modified, discloses the method of claim 17, wherein: cooling the secondary vacuum chamber with the heat exchanger comprises: moving a switching valve to a cooling position in which a cooling fluid source is in fluid communication with a common fluid channel of the heat exchanger; and circulating a cooling fluid from the cooling fluid source through the common fluid channel of the heat exchanger; and heating the secondary vacuum chamber with the heat exchanger comprises: moving the switching valve to a heating position in which a heating fluid source is in fluid communication with the common fluid channel of the heat exchanger; and circulating a heating fluid from the heating fluid source through the common fluid channel of the heat exchanger. PNG media_image2.png 1243 1124 media_image2.png Greyscale Fig. 2 Claim(s) 13 and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tomohiro et al., as applied to claim 1 above, and further in view of Yoshitsugu et al. (JP H08188495). With regards to claim 13: Tomohiro et al. discloses the system of claim 1 (see rejected claim 1 above), wherein a vacuum pump (30) in fluid communication with the secondary vacuum chamber (20), wherein the vacuum pump is configured to produce a vacuum pressure in the secondary vacuum chamber (20) and the primary vacuum chamber (10) with the gate valve (12A, 22A) in the open position. Tomohiro et al. does not disclose a vacuum pump in fluid communication with the primary vacuum chamber, wherein the vacuum pump is configured to produce a vacuum pressure in the primary vacuum chamber and the secondary vacuum chamber with the gate valve in the open position. Yoshisugu et al. discloses (see paragraphs [0014], [0017], [0018] and Fig. 3 below: a system comprises a vacuum exhaust pump (6) in directly fluid communication with a primary vacuum chamber (5), wherein the vacuum exhaust pump (6) is configured to produce a vacuum pressure in the vacuum chamber (5)). 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 system of Tomohiro et al. to have the vacuum pump in fluid communication with the primary vacuum chamber as disclosed by Yoshisugu et al. as an alternative arrangement for the vacuum pump to provide the same functional result of create vacuum in the primary chamber of the system when desire without creating vacuum through the secondary chamber, thus save the pump operation power. Tomohiro et al., as modified, discloses the system of claim 13. With regards to claim 14: Tomohiro et al., as modified, discloses the system of claim 1, further comprising: a semiconductor fabrication tool, metrology tool, or inspection tool disposed in the primary vacuum chamber (this feature is disclosed by Yoshisugu et al. (see paragraphs [0014] [0016] and figure 1: the system further comprises a semiconductor fabrication tool disposed in the vacuum chamber (5)). PNG media_image3.png 640 520 media_image3.png Greyscale Fig. 3 Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Minh Le, whose telephone number is 571-270-3805. The examiner can normally be reached on Monday-Friday (8:30AM-5:00PM EST). If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisors can be reached by phone. Kenneth Rinehart can be reached at 571-272-4881 or Craig Schneider can be reached at 571-272-3607. 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. /MINH Q LE/Primary Examiner, Art Unit 3753
Read full office action

Prosecution Timeline

Aug 22, 2024
Application Filed
Sep 23, 2025
Non-Final Rejection — §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
80%
Grant Probability
97%
With Interview (+16.7%)
2y 5m
Median Time to Grant
Low
PTA Risk
Based on 735 resolved cases by this examiner. Grant probability derived from career allow rate.

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