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 .
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.
Election/Restrictions
Applicant’s election without traverse of Group I, claims 1-6, in the reply filed on November 7, 2025 is acknowledged.
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.
Claims 1-6 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Konase, JP 2015170042 A.
Konase teaches:
Regarding claim 1, substrate processing apparatus 101 comprising: a process tube 111 configured to provide a process space (inside of process tube 111) in which a processing process for a plurality of substrates (held by substrate support 110) laminated in multiple stages is performed; a heater 120 provided outside the process tube 111 to heat the process tube 111; an internal temperature measuring part 5a provided in the process space inside the process tube to measure a temperature of the process space; an external temperature measuring part 5b provided at least partially between the process tube 111 and the heater 120 to measure an external temperature of the process tube 111; and a controller 1, 113 configured to control an output of the heater 120 by utilizing the internal temperature of the process tube, which is measured in the internal temperature measuring part 5a, and the external temperature of the process tube, which is measured in the external temperature measuring part 5b, wherein the controller comprises: a preliminary output value operation part 2a configured to operate a preliminary output value of the heater by utilizing the measured temperature of the process space; and a correction determination part 2b configured to determine whether the preliminary output value of the heater is corrected based on the measured external temperature of the process tube. (Figure 6, Second Embodiment)
Regarding claim 2, the controller 1, 113 further comprises an output value correction part 6 configured to correct the preliminary output value of the heater according to the determination of the correction determination part 2b. (Figure 6, Second Embodiment)
Regarding claim 3, the correction determination part comprises: a temperature band setting part configured to set a general control temperature band in which the preliminary output value of the heater is used without a correction and a correction temperature band in which the preliminary output value of the heater is corrected and used; and an external temperature band determination part configured to determine which a temperature band of the general control temperature band and the correction temperature band to which the measured external temperature of the process tube corresponds. (Figure 6, Second Embodiment, Specification)
Regarding claim 4, the correction temperature band comprises: an attenuation temperature band that is a temperature band greater than the general control temperature band; and a reinforcement temperature band that is a temperature band less than the general control temperature band, wherein the output value correction part is configured to: in the attenuation temperature band, correct the preliminary output value of the heater by multiplying an attenuation coefficient that is inversely proportional to a temperature rise range relative to an upper limit of the general control temperature band by the preliminary output value of the heater, and in the reinforcement temperature band, correct the preliminary output value of the heater by adding a reinforcement value that is proportional to a temperature drop range relative to a lower limit of the general control temperature band to the preliminary output value of the heater. (Figure 6, Second Embodiment, Specification)
Regarding claim 5, the heater 120 is configured to heat the process tube 111, to be maintained at a standby temperature and then maintain a process temperature during the processing process after raising a temperature of the process tube from the standby temperature to the process temperature, and the general control temperature band and the correction temperature band have different temperature ranges for each section in a standby temperature section, a temperature-rising section, and a process temperature section. (Figure 6, Second Embodiment, Specification)
Regarding claim 6, the preliminary output value operation part is configured to perform a proportional-integral-differential (PID) operation by utilizing the measured internal temperature of the process space. (Figure 6, Specification, Claims)
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-6 are rejected under 35 U.S.C. 103 as being unpatentable over Sugiura et al, TW 1437655 B, in view of Konase, JP 2015170042 A.
Regarding claim 1, Sugiura et al teaches a substrate processing apparatus 202 comprising: a process tube 205 configured to provide a process apace in which a processing process for a plurality of substrates 200 laminated in multiple stages is performed; a heater 206 provided outside the process tube 205 to heat the process tube; an internal temperature measuring part 263 provided inside the process tube 205 to measure an internal temperature of the process tube 205; an external temperature measuring part 264 provided at least partially between the process tube 205 and the heater 206 to measure an external temperature of the process tube; and a controller 238 configured to control an output of the heater by utilizing the internal temperature of the process tube 205, which is measured in the internal temperature measuring part 263, and the external temperature of the process tube, which is measured in the external temperature measuring part 264, wherein the controller comprises: a preliminary output value operation part (lower PIDs in the temperature adjustment unit 270b) configured to operate a preliminary output value of the heater by utilizing the measured internal temperature of the process tube 205; and a correction determination part (upper PIDs in the temperature adjustment unit 270b) configured to determine whether the preliminary output value of the heater is corrected based on the measured external temperature of the process tube.
Sugiura et al differs from the present invention in that Sugiura et al does not teach that the internal temperature measuring part is provided in the process space inside the process tube to measure a temperature of the process space.
Konase teaches an internal temperature measuring part 5a provided in the process space inside the process tube 111 to measure a temperature of the process space.
The motivation for placing the internal temperature measuring part of Sugiura et al in the process space inside the process tube is to measure a temperature of the process space as taught by Konase. Furthermore, it was held that the rearrangement of parts is obvious (see In re Japikse 86 USPQ 70).
Therefore it would have been obvious to one of ordinary skill in the art before the time the invention was effectively filed to place the internal temperature measuring part of Sugiura et al in the process space inside the process tube to measure a temperature of the process space as taught by Konase.
Regarding claim 2, Sugiura et al teaches the controller further comprises an output value correction part configured to correct the preliminary output value of the heater according to the determination of the correction determination part. (Circles in Figure 6 between the upper and lower PIDs of 270b)
Regarding claim 3, Sugiura et al teaches the correction determination part comprises: a temperature band setting part 271 configured to set a general control temperature band in which the preliminary output value of the heater is used without a correction and a correction temperature band in which the preliminary output value of the heater is corrected and used; and an external temperature band determination part configured to determine which a temperature band of the general control temperature band and the correction temperature band to which the measured external temperature of the process tube corresponds. (Figure 6, specification)
Regarding claim 4, Sugiura et al teaches the correction temperature band comprises: an attenuation temperature band that is a temperature band greater than the general control temperature band; and a reinforcement temperature band that is a temperature band less than the general control temperature band, wherein the output value correction part is configured to: in the attenuation temperature band, correct the preliminary output value of the heater by multiplying an attenuation coefficient that is inversely proportional to a temperature rise range relative to an upper limit of the general control temperature band by the preliminary output value of the heater, and in the reinforcement temperature band, correct the preliminary output value of the heater by adding a reinforcement value that is proportional to a temperature drop range relative to a lower limit of the general control temperature band to the preliminary output value of the heater. (Figure 6, specification)
Regarding claim 5, Sugiura et al teaches the heater 206 is configured to heat the process tube 205, to be maintained at a standby temperature and then maintain a process temperature during the processing process after raising a temperature of the process tube from the standby temperature to the process temperature, and the general control temperature band and the correction temperature band have different temperature ranges for each section in a standby temperature section, a temperature-rising section, and a process temperature section. (Figure 7)
Regarding claim 6, Sugiura et al teaches the preliminary output value operation part is configured to perform a proportional-integral-differential (PID) operation by utilizing the measured internal temperature of the process space. (Figure 6)
Response to Arguments
Applicant’s arguments, filed March 17, 2026, with respect to the rejection of the claims under 102 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new grounds of rejection is made in view of Konase, JP 2015170042 A.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The cited art teaches the technological background of the invention. The following references could be used to reject at least claim 1: US 20250226246 A1, TW 554067 B, or KR20070088551 A.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jeffrie R Lund whose telephone number is (571)272-1437. The examiner can normally be reached 9 am-5 pm (Monday-Friday).
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/Jeffrie R Lund/Primary Examiner, Art Unit 1716
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