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 Objections
Claims 4 and 20 objected to as they recite connecting members as “on at least a partial region of the first surface of the polishing head” and “spaced apart from the first surface of the polishing head.” The first surface of the polishing head was previously established in claims 1 and 19 to be “facing a first surface of the polishing pad.” Particularly the juxtaposition of “on the first surface of the polishing head” with “spaced apart from the first surface of the polishing head,” while not indefinite, creates potential for the claims to be interpreted as written with the intention to claim a different scope than currently claimed in actuality.
Claim 19 objected to because of the following informalities:
On line 13, “a cooling pipe an exterior surface of…” appears to be missing a connecting word such as “on.”
Appropriate correction is required.
Claim Rejections - 35 USC § 112
Claims 1-20 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.
Claim 1 recites the limitation "the wafer" in line 5. There is insufficient antecedent basis for this limitation in the claim. For the purpose of examination, it has been assumed that the limitation should read “a wafer.”
Claim 1 recites the limitation "the first surface of the polishing pad" in line 7. There is insufficient antecedent basis for this limitation in the claim. For the purpose of examination, it has been assumed that the limitation should read “a first surface of the polishing pad.”
Claim 4 recites the limitation "the side" in line 5. There is insufficient antecedent basis for this limitation in the claim. For the purpose of examination, it has been assumed that the limitation should read “a side.”
Claim 8 recites the limitation "the side" in line 7. There is insufficient antecedent basis for this limitation in the claim. For the purpose of examination, it has been assumed that the limitation should read “a side.”
Claim 14 recites the limitation "the lower surface" in line 2. There is insufficient antecedent basis for this limitation in the claim. For the purpose of examination, it has been assumed that the limitation should read “a lower surface.”
Claim 15 recites the limitation "the wafer" in line 4. There is insufficient antecedent basis for this limitation in the claim. For the purpose of examination, it has been assumed that the limitation should read “a wafer.”
Claims 16-18 recite the limitation "a thermal conductivity polymer material;" claim 15, from which claims 16-18 depend previously recited “a thermal conductivity polymer material." Each limitation should only be positively recited once within a claim. For the purpose of examination, it has been assumed the recitations in claims 16-18 should read “the thermal conductivity polymer material.”
Claim 18 recites the limitation "the lower surface" in line 2. There is insufficient antecedent basis for this limitation in the claim. For the purpose of examination, it has been assumed that the limitation should read “a lower surface.”
Claim 19 recites the limitation "the wafer" in line 5. There is insufficient antecedent basis for this limitation in the claim. For the purpose of examination, it has been assumed that the limitation should read “a wafer.”
Claim 19 recites the limitation "the first surface of the polishing head" in line 6. There is insufficient antecedent basis for this limitation in the claim. For the purpose of examination, it has been assumed that the limitation should read “a first surface of the polishing head.”
Claim 19 recites the limitation "the first surface of the polishing pad" in line 7. There is insufficient antecedent basis for this limitation in the claim. For the purpose of examination, it has been assumed that the limitation should read “a first surface of the polishing pad.”
Claims 2-3, 5-7, 9-13, and 20 are rejected due to their dependence on and thus incorporation of one of the above claims.
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) 1-8 and 11-18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Choi et al. US 20160236318 A1.
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Choi Figure 1
Regarding independent claim 1, Choi teaches a chemical mechanical polishing apparatus (10) comprising: a polishing platen (20); a polishing pad (30) on a first surface (surface at the interface of 20 and 30) of the polishing platen (20); a polishing head (100) on the polishing pad (30), the polishing head (100) being configured to fix a wafer (W); a wafer accommodating part protruded (160) from a first surface (surface of 120 that interfaces with 161A) of the polishing head (100) facing a first surface of the polishing pad (32), the wafer accommodating part (160) having a ring shape (see figure 9) along an edge of the first surface (surface of 120 that interfaces with 161A) of the polishing head (100); and a cooling device (combination of 116, 128, 152, 162a and 162b) comprising a cooling pipe (162a and 162b) on an exterior surface (162a and 162b are formed on an upper exterior surface of 160, as depicted in figure 9) of the wafer accommodating part (160).
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Choi Figure 3, annotated
Regarding claim 2, Choi teaches a rotation axis (112) connected to the first surface (surface of 120 that interfaces with 161A) of the polishing head (100) and extending in a first direction vertical to the first surface (32) of the polishing pad (30), wherein the cooling device (combination of 116, 128, 162A and 162B) further comprises: a first cooling water supply pipe (116, see annotated figure 3) on a first side (see annotated figure 3) with respect to the rotation axis (112) and extending in the first direction (see annotated figure 3), a first connecting member (152 and 128, see annotated figure 3) between the first cooling water supply pipe (116, see annotated figure 3) and the cooling pipe (162a and 162b), a first cooling water discharge pipe (116, see annotated figure 3; para 64 ln 13-16, the coolant fluid supply supplies and collects coolant from the rotary union, as 116 is denotated as generic “coolant fluid pathways” and has two instances one must be supply and the other collect/discharge) on a second side (see annotated figure 3) with respect to the rotation axis (112) and extending in the first direction (see annotated figure 3), and a second connecting member (152 and 128, see annotated figure 3) between the first cooling water discharge pipe (116, see annotated figure 3) and the cooling pipe (162a and 162b).
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Choi Figure 4, annotated
Regarding claim 3, Choi teaches the polishing head (100) is inclined at an angle (0° as depicted in figure 1) with respect to the first surface (32) of the polishing pad (30), wherein a connection portion (128) of the first connecting member (152 and 128, see annotated figure 3) and the cooling pipe (162a and 162b) is on a first side (see annotated figure 4) of the polishing head (100), wherein a connection portion (128) of the second connecting member (152 and 128, see annotated figure 3) and the cooling pipe (162a and 162b) are on a second side (see annotated figure 4) of the polishing head (100), and wherein a distance (see distance 1 in annotated figure 4) between the first side (see annotated figure 4) of the polishing head (100) and the polishing pad (30) is less than a distance (see distance 2 in annotated figure 4) between the second side (see annotated figure 4) of the polishing head (100) and the polishing pad (30).
Regarding claim 4, Choi teaches the first connecting member (152 and 128, see annotated figure 3) and the second connecting member (152 and 128, see annotated figure 3) are on at least a partial region (128 intersects with the first surface of the polishing head) of the first surface (interface of 120 and 161A) of the polishing head (100) and at least a partial region (the connecting members are on opposite of the two side as depicted in annotated figure 4) of at least one of the first side (see annotated figure 4) of the polishing head (100) and the second side (see annotated figure 4) of the polishing head (100), and are spaced apart (152 of each connecting member is spaced apart) from the first surface (interface of 120 and 161A) and a side (128 and 152 are both inset from the outer periphery side of the polishing head) of the polishing head (100).
Regarding claim 5, Choi teaches the cooling pipe (162a and 162b) extending in the first direction from the first surface (32) of the polishing pad (30).
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Choi Figure 10, annotated
Regarding claim 6, Choi teaches an inner circumference surface (see annotated figure 10) of the cooling pipe (162a and 162b) is spaced apart from an outer circumference surface (see annotated figure 10) of the wafer accommodating part (160).
Regarding claim 7, Choi teaches a rotation axis (112) connected to the first surface (interface of 120 and 161A) of the polishing head (100) and extending in a first direction vertical to the first surface (32) of the polishing pad (30), wherein the cooling device further comprises (combination of 116, 128, 152, 162a and 162a): a first cooling water supply pipe (116, see annotated figure 3) and a first cooling water discharge pipe (116, see annotated figure 3) inside the rotation axis (112) and extending in the first direction, a first connecting member (152 and 128, see annotated figure 3) between the first cooling water supply pipe (116, see annotated figure 3) and the cooling pipe (162a and 162b), and a second connecting member (152 and 128, see annotated figure 3) between the first cooling water discharge pipe (116, see annotated figure 3) and the cooling pipe (162a and 162b).
Regarding claim 8, Choi teaches the first connecting member (152 and 128, see annotated figure 3) comprises a first upper connecting member (152, see annotated figure 3) on at least a partial region (152 is on the first surface with intervening layers) of the first surface (interface of 120 and 161A) of the polishing head (100), and a first lower connecting member (128, see annotated figure 3) on at least a partial region of at least one of the first side (152 and 128, see annotated figure 3) of the polishing head (100), wherein the second connecting member (152 and 128, see annotated figure 3) comprises a second upper connecting member (152, see annotated figure 3) on at least a partial region (152 is on the first surface with intervening layers) of the first surface (interface of 120 and 161A) of the polishing head (100), and a second lower connecting member (128, see annotated figure 3) on at least a partial region of a side (the outer radial region of 100) of the polishing head (100), wherein the first upper connecting member (152, see annotated figure 3) and the second upper connecting member (152, see annotated figure 3) are spaced apart from the first surface (interface of 120 and 161A) of the polishing head (100), and wherein the first lower connecting member (128, see annotated figure 3) and the second lower connecting member (128, see annotated figure 3) contact the side (outer radial region of 100) of the polishing head (100).
Regarding claim 11, Choi teaches the inner circumference surface (see annotated figure 10) of the cooling pipe (162a and 162b) contacts (contact via 161B) an outer circumference surface (see annotated figure 10) of the wafer accommodating part (160).
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Choi Figure 9, annotated
Regarding claim 12, Choi teaches the wafer accommodating part (160) comprises a body part (see annotated figure 9) and a plurality of protruding portions protruded from a second surface (167) of the body part (see annotated figure 9) and disposed along a circumference direction of the body part (see annotated figure 9), and wherein at least some (all is at least some) of the plurality of protruding portions (see annotated figure 9) comprise a thermal conductivity polymer material (para 81, line 1-3 {the wafer accommodating part can include a number of well-known polymers}; para 84, ln 7-14 {“coolant fluid circulates through the coolant channel… the heat in the polishing pad… may be removed,” i.e. the wafer accommodating part is thermally conducting heat from the polishing pad to the coolant}).
Regarding claim 13, Choi teaches the wafer accommodating part (160) comprises a body part (see annotated figure 9) and a plurality of protruding portions (see annotated figure 9) protruded from a second surface (167) of the body part (160) and arranged along a circumference direction of the body part (see annotated figure 9), wherein the body part (see annotated figure 9) includes a thermal conductivity polymer material (para 81, line 1-3 {the wafer accommodating part can include a number of well-known polymers}; para 84, ln 7-14 {“coolant fluid circulates through the coolant channel… the heat in the polishing pad… may be removed,” i.e. the wafer accommodating part is thermally conducting heat from the polishing pad to the coolant}).
Regarding claim 14, Choi teaches among an entire region of the lower surface (167) of the body part (see annotated figure 9), at least some of regions (the entire wafer accommodating part includes regions excluding the protruding portions) excluding the plurality of protruding portions (see annotated figure 9) and a region overlapping with the first surface (32) of the polishing pad (30) in a first direction, vertical to the first surface (32) of the polishing pad (30), include a thermal conductivity polymer material (para 81, line 1-3 {the wafer accommodating part can include a number of well-known polymers}; para 84, ln 7-14 {“coolant fluid circulates through the coolant channel… the heat in the polishing pad… may be removed,” i.e. the wafer accommodating part is thermally conducting heat from the polishing pad to the coolant}).
Regarding independent claim 15, Choi teaches a chemical mechanical polishing apparatus (10) comprising: a polishing platen (20); a polishing pad (30) on the polishing platen (20); a polishing head (100) on the polishing pad (30) and configured to fix a wafer (W); a wafer accommodating part (160) protruded from a first surface (interface of 120 and 161A) of the polishing head (100) facing a first surface (32) of the polishing pad (30) and having a ring shape (see figure 9) positioned along an edge of the first surface (interface of 120 and 161A) of the polishing head (100); and a cooling device (combination of 116, 128, 152, 162a and 162b) comprising a cooling pipe (162a and 162b) inside or on an exterior surface (162a and 162b are on an upper exterior surface of 160) of the wafer accommodating part (160); wherein the wafer accommodating part (160) comprises a body part (see annotated figure 9) and a plurality of protruding portions (see annotated figure 9) protruded from a second surface (167) of the body part (see annotated figure 9) and arranged along a circumference direction of the body part (see annotated figure 9); and wherein at least some of the body part (see annotated figure 9) and the plurality of protruding portions (see annotated figure 9) include a thermal conductivity polymer material (para 81, line 1-3 {the wafer accommodating part can include a number of well-known polymers}; para 84, ln 7-14 {“coolant fluid circulates through the coolant channel… the heat in the polishing pad… may be removed,” i.e. the wafer accommodating part is thermally conducting heat from the polishing pad to the coolant}).
Regarding claim 16, Choi teaches the body part (see annotated figure 9) includes a polymer material (para 81, line 1-3 {the wafer accommodating part can include a number of well-known polymers}), and wherein at least some (all is at least some) of the plurality of protruding portions (see annotated figure 9) includes a thermal conductivity polymer material (para 81, line 1-3 {the wafer accommodating part can include a number of well-known polymers}; para 84, ln 7-14 {“coolant fluid circulates through the coolant channel… the heat in the polishing pad… may be removed,” i.e. the wafer accommodating part is thermally conducting heat from the polishing pad to the coolant}).
Regarding claim 17, Choi teaches the body part (see annotated figure 9) comprises a thermal conductivity polymer material (para 81, line 1-3 {the wafer accommodating part can include a number of well-known polymers}; para 84, ln 7-14 {“coolant fluid circulates through the coolant channel… the heat in the polishing pad… may be removed,” i.e. the wafer accommodating part is thermally conducting heat from the polishing pad to the coolant}), and wherein the plurality of protruding portions (see annotated figure 9) includes a polymer material (para 81, line 1-3 {the wafer accommodating part can include a number of well-known polymers}).
Regarding claim 18, Choi teaches among an entire region of the lower surface (137) of the body part (see annotated figure 9), at least some of regions excluding the plurality of protruding portions (see annotated figure 9) and region overlapping with the first surface (32) of the polishing pad (30) in a first direction, vertical to the first surface (32) of the polishing pad (30), include a thermal conductivity polymer material (para 81, line 1-3 {the wafer accommodating part can include a number of well-known polymers}; para 84, ln 7-14 {“coolant fluid circulates through the coolant channel… the heat in the polishing pad… may be removed,” i.e. the wafer accommodating part is thermally conducting heat from the polishing pad to the coolant}).
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.
Claim(s) 9-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Choi et al. US 20160236318 A1 in view of In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960).
Regarding claim 9, Choi teaches the limitations of claim 8 as claimed.
Choi does not teach a second cooling water supply pipe or second cooling water discharge pipe.
However, it has been held that “mere duplication of parts has no patentable significance unless a new and unexpected result is produced” (MPEP 2144.04, In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960)), as such it would have been obvious, prior to filing date of instant application, for a person skilled in the art to duplicate the cooling water supply pipe and cooling water discharge pipe to create a second cooling water supply pipe and second cooling water discharge pipe and when added to the polishing head the first cooling water supply pipe and the second cooling water supply pipe face each other in a horizontal direction (note that they could be facing each other in a horizontal direction across the periphery of the polishing head or in a horizontal direction that intersects the center of the rotation axis), and the first cooling water discharge pipe and the second cooling water discharge pipe face each other in the horizontal direction (note that they could be facing each other in a horizontal direction across the periphery of the polishing head or in a horizontal direction that intersects the center of the rotation axis). Further instant application does not appear to indicate new or unexpected results from the duplication of the pipes, merely that the device has two, or potentially three or more (Instant Specification para 48).
Regarding claim 10, Choi teaches the first upper connecting member (152, see annotated figure 3) and the second upper connecting member (152, see annotated figure 3) include a first material (para 93, ln 4 and 5), and the first lower connecting member (128, see annotated figure 3) and the second lower connecting member (128, see annotated figure 3) include a second material (para 71, ln 5-7), a rigidity of the first material (para 93, ln 4 and 5) being less than a rigidity of the second material (para 71, ln 5-7).
Claim(s) 19-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Choi et al. US 20160236318 A1 in view of Liu et al. US 20030203708 A1.
Regarding independent claim 19, Choi teaches a chemical mechanical polishing apparatus (10) comprising: a polishing platen (20); a polishing pad (32); a polishing head (100) on the polishing pad (20) and configured to fix a wafer (W); a wafer accommodating part (160) protruded from the first surface (interface of 120 and 161A) of the polishing head (100) facing the first surface (32) of the polishing pad (30), the wafer accommodating part (160) having a ring shape (see figure 9) along an edge of the first surface (interface of 120 and 161A) of the polishing head (100); a rotation axis (112) connected to the first surface (interface of 120 and 161A) of the polishing head (100) and extending in a first direction vertical to the first surface (32) of the polishing pad (30); and a cooling device (combination of 116, 128, 152, 162a and 162b) on the polishing pad (30); wherein the cooling device (combination of 116, 128, 152, 162a and 162b) comprises: a cooling pipe (162a and 162b) an exterior surface (162a and 162b are on an upper exterior surface of the cooling pipe) of the wafer accommodating part (160); a first cooling water supply pipe (116, see annotated figure 3) on a first side (see annotated figure 3) with respect to the rotation axis (112) and extending in the first direction (see annotated figure 3); a first cooling water discharge pipe (116, see annotated figure 3; para 64 ln 13-16, the coolant fluid supply supplies and collects coolant from the rotary union, as 116 is denotated as generic “coolant fluid pathways” and has two instances one must be supply and the other collect/discharge) on a second side (see annotated figure 3) with respect to the rotation axis (112) opposite to the first cooling water supply pipe (116, see annotated figure 3), and extending in the first direction (see annotated figure 3); a first connecting member (152 and 128, see annotated figure 3) between the first cooling water supply pipe (116, see annotated figure 3) and the cooling pipe (162a and 162b); a second connecting member (152 and 128, see annotated figure 3) between the first cooling water discharge pipe (116, see annotated figure 3) and the cooling pipe (162a and 162b).
Choi does not teach a second cooling water supply pipe, second cooling water discharge pipe, or third or fourth connecting members.
However, it has been held that “mere duplication of parts has no patentable significance unless a new and unexpected result is produced” (MPEP 2144.04, In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960)), as such it would have been obvious, prior to filing date of instant application, for a person skilled in the art to duplicate the cooling water supply pipe and cooling water discharge pipe, along with their connecting members, to create a second cooling water supply pipe and second cooling water discharge pipe such that the second cooling water supply pipe is connected to the cooling pipe by a third connecting member and the second cooling water discharge pipe is connected to the cooling pipe by a fourth connecting member. Additionally, the simplest duplication of the parts (creating a separate set of pipes and connecting members 90° offset from the first set) would result in a second cooling water discharge pipe on a side with respect to the rotation axis opposite to the second cooling water supply pipe. Further instant application does not appear to indicate new or unexpected results from the duplication of the pipes, merely that the device has two, or potentially three or more (Instant Specification para 48).
Choi also does not teach the polishing pad comprising an upper and lower layer.
However, in a related device, Liu teaches that it is common in the art for a polishing pad to be constructed of two layers overlaying the platen (para 5, ln 1-3). Liu teaches that this advantageously allows the upper layer to be a resilient layer (para 5, ln 1-3). It would have been obvious, prior to filing date of instant application, for a person skilled in the art to modify the polishing pad of Choi to include the two-layer construction taught by Liu to allow for a resilient upper layer of the polishing pad. Furthermore, all the claimed elements were known in the prior art and one skilled in the art could have combined the elements as claimed by known methods with no change in their respective functions such that the combination would have yielded predictable results to one of ordinary skill in the art before the effective filing date of the claimed invention.
Regarding claim 20, the combination of Choi and Liu teaches the first connecting member (152 and 128, see annotated figure 3 of Choi), the second connecting member (152 and 128, see annotated figure 3 of Choi), the third connecting member (duplicated first connecting member 152 and 128, see annotated figure 3 of Choi), and the fourth connecting member (duplicated second connecting member 152 and 128, see annotated figure 3 of Choi) are on at least a partial region (the outlet of 128 is formed on the first surface) of the first surface (interface of 120 and 161A) of the polishing head (100) and at least a partial region of a side (the outer wall of 120) of the polishing head (100), and spaced apart (152 is spaced apart from the first surface and the side) from the first surface (interface of 120 and 161A) and the side (outer wall of 120) of the polishing head (100).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Kim et al. US 20240238939 A1 as it relates to cooling pipes placed in a stationary radial position around a polishing head.
Sekiya US 20010023691 A1 as it relates to cooling the rotating shaft of a polishing head.
Chen et al. US 20190030675 A1 as it relates to cooling a polishing head with two supply and two discharge pipes.
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/G.D.H./ Examiner, Art Unit 3723
/MONICA S CARTER/ Supervisory Patent Examiner, Art Unit 3723
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