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 .
Election/Restrictions
Claims 4, 5 and 11-14 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 5/29/26.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-3, 6-10 and 16 is/are rejected under 35 U.S.C. 102a1 and/or 102a2 as being anticipated by Vutz (US 3,827,457), which discloses:
1. A substrate processing apparatus that generates a third processing liquid using a first processing liquid and a second processing liquid and processes a substrate using the third processing liquid (preamble given limited patentable weight as unnecessary to understand body of claim), comprising:
a discharge port (18);
a first supply path connected to the discharge port (15, and the portion of 14 downstream, or to the right of 15);
a plurality of second supply paths (through R5, R6, R7, R8, R9 and the corresponding valves) respectively connected to the first supply path at a plurality of mixing positions (at the downstream locations of V5, V6, V7, V8, V9) having different flow-path lengths to the discharge port (18; see FIG 3);
a first supplier (17 and/or the source of fluid upstream of 17) that supplies the first processing liquid to the first supply path (per MPEP 2115, the term “liquid” is given limited patentable weight because it is drawn to an intended operating medium of the claimed apparatus); and
a second supplier (13 and/or the source of fluid upstream of 13) that supplies the second processing liquid to the first supply path through the plurality of second supply paths (per MPEP 2115, the term “liquid” is given limited patentable weight because it is drawn to an intended operating medium of the claimed apparatus),
wherein at the plurality of mixing positions of the first supply path, liquid in the first supply path is sequentially mixed with the second processing liquid, with mixing starting at the mixing position that is the farthest from the discharge port and finishing at the mixing position that is the closest from the discharge port (see FIG 3; MPEP 2115, the term “liquid” is given limited patentable weight because it is drawn to an intended operating medium of the claimed apparatus).
2. The substrate processing apparatus according to claim 1, further comprising a controller (19) that controls the first supplier and the second supplier (it controls the flow through the suppliers, by operations of the valves that are considered part of the corresponding first and second suppliers), wherein the controller controls the second supplier to supply the second processing liquid to the plurality of mixing positions in the first supply path (by virtue of Valves V5-V9), and then controls the first supplier to supply the first processing liquid to the first supply path (by virtue of valve 16, also see FIG 3; per MPEP 2115, the term “liquid” is given limited patentable weight because it is drawn to an intended operating medium of the claimed apparatus).
3. The substrate processing apparatus according to claim 1, further comprising a controller (19) that controls the first supplier and the second supplier (by virtue of the valves), wherein the controller controls the first supplier and the second supplier, and supplies the second processing liquid to the plurality of mixing positions with the first processing liquid being supplied to the plurality of mixing positions (see FIG 3; per MPEP 2115, the term “liquid” is given limited patentable weight because it is drawn to an intended operating medium of the claimed apparatus).
6. The substrate processing apparatus according to claim 1, wherein the second supplier causes a flow rate of the second processing liquid flowing through a final supply path among the plurality of second supply paths to be larger than a flow rate of the second processing liquid flowing through another one or more out of the plurality of second supply paths, with the final supply path being connected to the first supply path at the mixing position having a smallest flow-path length from the discharge port (due to the upstream location R9 and V9 compared to R8 and V8, fluid from 13 will have a higher pressure at R9 and V9 as compared to R8 and V8, thereby also having a slightly larger flow rate therethrough).
7. The substrate processing apparatus according to claim 1, further comprising a stirrer that is provided in the first supply path and stirs liquid flowing through the first supply path (the 90 degree turn in flow path causes turbulence/stirring as flow occurs through 15 and towards 18).
8. The substrate processing apparatus according to claim 7, wherein the stirrer is provided at a position such that a flow-path length from the stirrer to a first mixing position (i.e., V6) is equal to or larger than a flow-path length between the first mixing position (V6) and a second mixing position (V7) having a second largest flow-path length from the discharge port (V7 length to discharge 18 is shorter than V6 length to discharge), with the first mixing position (V6) having a largest flow-path length from the discharge port among the plurality of mixing positions (see FIG 3).
9. The substrate processing apparatus according to claim 1, wherein one of the first processing liquid and the second processing liquid is a sulfuric acid, and another one of the first processing liquid and the second processing liquid is a hydrogen peroxide solution (per MPEP 2115, the types of liquids are given limited patentable weight because they only specify intended operating media of the claimed apparatus).
10. The substrate processing apparatus according to claim 9, wherein the first processing liquid is a sulfuric acid, and the second processing liquid is a hydrogen peroxide solution (per MPEP 2115, the types of liquids are given limited patentable weight because they only specify intended operating media of the claimed apparatus).
Regarding claim 16, see the analysis of claim 1 above. Note that Vutz further discloses a non-transitory computer readable recording medium storing a substrate processing program executed by a computer (19) that controls a substrate processing apparatus (the “binary code” of col. 5 line 10) such that it is capable of performing the claimed steps (the capability of controlling a liquid is inherent, just as the device controls gases).
Claim(s) 15 is/are rejected under 35 U.S.C. 102a1 and/or 102a2 as being anticipated by Leugemors (US 2014/0216736), which discloses:
15. A substrate processing method of generating a third processing liquid using a first processing liquid and a second processing liquid, the substrate processing method being executed by a substrate processing apparatus that processes a substrate using the third processing liquid, wherein the substrate processing apparatus includes a discharge port, a first supply path connected to the discharge port, and a plurality of second supply paths respectively connected to the first supply path at a plurality of mixing positions having different flow-path lengths to the discharge port (preamble given limited patentable weight because unnecessary to understand body of claim), the substrate processing method includes
supplying the first processing liquid to the first supply path (see FIG 4: 350, to 330, 333, 312, 326, 328), and
supplying the second processing liquid to the first supply path through the plurality of second supply paths (from 320 to second supply paths that mix with the first supply path at 312, from 314 at 326, and from 316 at 326), and
at the plurality of mixing positions of the first supply path, liquid in the first supply path is sequentially mixed with the second processing liquid, with mixing starting at the mixing position (where 304 meets 312) that is the farthest from the discharge port (328) and finishing at the mixing position (where 316 meets 326) that is the closest from the discharge port.
Claim(s) 1-3, 6-10, 15 and 16 is/are rejected under 35 U.S.C. 102a1 and/or 102a2 as being anticipated by Byers (US 2014/0261824), which discloses (see FIG 1B):
1. A substrate processing apparatus that generates a third processing liquid using a first processing liquid and a second processing liquid and processes a substrate using the third processing liquid (preamble given limited patentable weight as unnecessary to understand body of claim), comprising:
a discharge port (into 310, or at 71);
a first supply path connected to the discharge port (from A, through 210A, 214A, 217, 218);
a plurality of second supply paths (from B to 211A, from B to 211B and 214B) respectively connected to the first supply path at a plurality of mixing positions having different flow-path lengths to the discharge port (see FIG 1B);
a first supplier (A and/or 260A and/or the valve of 260A) that supplies the first processing liquid to the first supply path; and
a second supplier (B and/or 260B and or the valve of 260B) that supplies the second processing liquid to the first supply path through the plurality of second supply paths,
wherein at the plurality of mixing positions of the first supply path, liquid in the first supply path is sequentially mixed with the second processing liquid, with mixing starting at the mixing position that is the farthest from the discharge port (where 211A meets 210A) and finishing at the mixing position that is the closest from the discharge port (where 214B meets 214A).
2. The substrate processing apparatus according to claim 1, further comprising a controller that controls the first supplier and the second supplier, wherein the controller controls the second supplier to supply the second processing liquid to the plurality of mixing positions in the first supply path, and then controls the first supplier to supply the first processing liquid to the first supply path (see para. 0092: “a computer … controls the entire slurry and/or chemical blend supply apparatus 20” of FIG 1B).
3. The substrate processing apparatus according to claim 1, further comprising a controller that controls the first supplier and the second supplier, wherein the controller controls the first supplier and the second supplier, and supplies the second processing liquid to the plurality of mixing positions with the first processing liquid being supplied to the plurality of mixing positions (see para. 0092: “a computer … controls the entire slurry and/or chemical blend supply apparatus 20” of FIG 1B)..
6. The substrate processing apparatus according to claim 1, wherein the second supplier causes a flow rate of the second processing liquid flowing through a final supply path among the plurality of second supply paths to be larger than a flow rate of the second processing liquid flowing through another one or more out of the plurality of second supply paths, with the final supply path being connected to the first supply path at the mixing position having a smallest flow-path length from the discharge port (this is seen as an intended use/setting of the controller, where the prior art controller is capable of setting desired flow rates using the flow rate controllers 260A, 261B; e.g., see para. 0095).
7. The substrate processing apparatus according to claim 1, further comprising a stirrer (240, alternatively 241) that is provided in the first supply path and stirs liquid flowing through the first supply path.
8. The substrate processing apparatus according to claim 7, wherein the stirrer (240, or 241) is provided at a position such that a flow-path length from the stirrer to a first mixing position (where 211A meets 210A) is equal to or larger than a flow-path length between the first mixing position and a second mixing position (where 214B meets 214A) having a second largest flow-path length from the discharge port (as shown in FIG 1B), with the first mixing position having a largest flow-path length from the discharge port among the plurality of mixing positions (see FIG 1B).
9. The substrate processing apparatus according to claim 1, wherein one of the first processing liquid and the second processing liquid is a sulfuric acid, and another one of the first processing liquid and the second processing liquid is a hydrogen peroxide solution (per MPEP 2115, the types of liquids are given limited patentable weight because they only specify intended operating media of the claimed apparatus).
10. The substrate processing apparatus according to claim 9, wherein the first processing liquid is a sulfuric acid, and the second processing liquid is a hydrogen peroxide solution (per MPEP 2115, the types of liquids are given limited patentable weight because they only specify intended operating media of the claimed apparatus).
15. A substrate processing method of generating a third processing liquid using a first processing liquid (A) and a second processing liquid (B), the substrate processing method being executed by a substrate processing apparatus that processes a substrate using the third processing liquid (e.g., see Abstract), wherein the substrate processing apparatus includes a discharge port (into 310, or from 71), a first supply path (from A, through 260A, 210A, 214A, 2140, 217, 128) connected to the discharge port, and a plurality of second supply paths (from B to 211A, and from B to 211B, 214B) respectively connected to the first supply path at a plurality of mixing positions having different flow-path lengths to the discharge port (see FIG 1B; preamble alternatively given limited patentable weight because unnecessary to understand body of claim), the substrate processing method includes
supplying the first processing liquid (A of FIG 1B) to the first supply path (see FIG 1B: from A, through 260A, 210A, 214A, 240, 217, and downstream thereof), and
supplying the second processing liquid (B) to the first supply path through the plurality of second supply paths (where 211A meets 210A, and where 211B and 214B meet 214A at 240), and
at the plurality of mixing positions of the first supply path, liquid in the first supply path is sequentially mixed with the second processing liquid, with mixing starting at the mixing position (where 211A meets 210A) that is the farthest from the discharge port (to 310, or 71) and finishing at the mixing position (where 211B and 214B meet 214A at 240) that is the closest from the discharge port.
Regarding claim 16, see the analysis of claim 1 above. Note that Vutz further discloses a non-transitory computer readable recording medium storing a substrate processing program executed by a computer that controls a substrate processing apparatus such that it is capable of performing the claimed steps (e.g., see the computer of para. 0092).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 2011/0220212 discloses a similar piping arrangement where a common second liquid source is mixed with a first liquid along a series of mixing points of a first flow line carrying the first liquid toward an outlet (e.g., see FIG 1).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WILLIAM M MCCALISTER whose telephone number is (571)270-1869. The examiner can normally be reached M-F from 7am to 6pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, CRAIG SCHNEIDER, can be reached at telephone number 571-272-3607, or Kenneth Rinehart can be reached at 571-272-4881. 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 Patent Center. Status information for published applications may be obtained from Patent Center. Status information for unpublished applications is available through Patent Center for authorized users only. Should you have questions about access to Patent Center, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free).
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) Form at https://www.uspto.gov/patents/uspto-automated- interview-request-air-form.
/WILLIAM M MCCALISTER/ Primary Examiner, Art Unit 3753
8/13/26
Prosecution Insights