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 .
Election/Restrictions
Applicant’s election without traverse of Group I, claims 1-7 in the reply filed on August 21, 2026 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 1-3 and 5-7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Shanmugasundram et al (2005/0088647).
Regarding claim 1, Shanmugasundram (Figs. 2B and 5) discloses a method of investigating an interior surface of a processing chamber comprising inserting a diagnostic device 60 (detection mechanism in paragraph 0073) into the processing chamber 160 (paragraph 0085 and Fig. 5 show processing chamber 160 useful for the deposition of a catalytic layer and/or conductive material; see also Figs 2B and 5 which show the diagnostic device 60 inside the processing chamber itself), wherein the diagnostic device comprises a spectrometer 192 (see paragraph 0073) configured to receive light from a light source 58 that reflects off of an interior surface 10 of the processing chamber (the examiner considers the substrate 10 to be an interior surface of the processing chamber as it is inside of the chamber) and propagates to the spectrometer (see Fig 2B); and detecting a spectrum with the spectrometer (see paragraph 0073, “A spectrometer is used to collect the radiation from a broadband light source 58, split the radiation into discrete wavelengths, and detect the intensity of the radiation at each discrete wavelength”).
As for claim 2, Shanmugasundram discloses that investigating an interior surface of the processing chamber comprises determining a thickness of one or more material layers deposited on the interior surface (see paragraphs 0061 and 0078, for example, “In general the present invention can be used to detect and monitor changes due to a change in some physical characteristic of the feature surface 26a or the deposition of a desired material” as disclosed in paragraph 0061).
As for claim 3, Shanmugasundram discloses that the spectrum is detected at a plurality of points in time as the diagnostic device is displaced through the processing chamber (see paragraph 0100 describing the detection mechanism being attached to an arm mounted in chamber 150 that can move relative to the surface of the substrate to scan the surface in a pattern over a scan period).
As for claim 5, Shanmugasundram discloses that the spectrum is detected while the diagnostic device is stationary (see paragraph 0098 which discloses the detection mechanism as being mounted in the chamber while the substrate passes underneath).
As for claim 6, Shanmugasundram discloses a plurality of light sources on the diagnostic device are optically coupled to the spectrometer in order to provide a multi-point analysis of the interior surface without moving the diagnostic device (see paragraph 0097 and Figs. 6A and 6B describing the use of a plurality of light sources with the detection mechanism).
As for claim 7, Shanmugasundram discloses that the light source either is part of the diagnostic device or does not originate from the diagnostic device (see Fig. 2B; depending on the interpretation of one having ordinary skill in the art, the light source is seen to be part of diagnostic device 60, therefore it is part of the diagnostic device, or it is separate from the spectrometer 192, so that it does not originate from the diagnostic device itself).
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.
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 4 is rejected under 35 U.S.C. 103 as being unpatentable over Shanmugasundram et al (2005/0088647) in view of Choi et al (2019/0336062).
As for claim 4, Shanmugasundram discloses the claimed invention as set forth above regarding claim 1, but fails to disclose that the diagnostic device is a diagnostic substrate.
Choi, while not in the same field of endeavor of performing measurements inside a processing chamber, is considered analogous art to the claimed invention as it is looking to solve a similar problem regarding portability for spectroscopic measurements (see paragraph 0008 in the solution to the problem section; see MPEP 2141.01(a) for a discussion of analogous art). Choi discloses (Fig. 5) a diagnostic substrate 450a that is a spectroscopic sensor (see paragraph 0075) featuring a light source 510, light splitter 520, detector 530, AISC 540, and partition walls 550 all integrated on a printed circuit board 560 (see paragraph 0076) as a diagnostic substrate.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to place the diagnostic device of Shanmugasundram onto a single substrate to be a diagnostic substrate as disclosed by Choi, the motivation being that Choi discloses the desirability of portability (see paragraph 0008) through the use of a spectrometer integrated onto a single substrate; this portability provides additional flexibility for placing the spectrometer into desired locations, such as inserting it into the process chamber of the instant claims. Additionally, it has been held that making an old device portable or movable without producing any new and unexpected result involves only routine skill in the art (In re Lindberg, 194 F.2d 732, 93 USPQ 23 (CCPA 1952)) while the use of a one piece construction instead of the structure disclosed in the prior art, while having the benefit in the instant case of providing the already discussed portability, would be merely a matter of obvious engineering choice (In re Larson, 340 F.2d 965, 968, 144 USPQ 347, 349 (CCPA 1965).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 2012/0273005 to Ramachandran et al. discloses an optical endpoint detection system that uses light source 180 and detector 184 to measure a process chamber surface having deposited material thereon (see Fig. 1 and paragraph 0026);
US 2018/0136118 to Kueny et al. discloses a system and method for calibrating optical signals in semiconductor process systems featuring a plurality of spectrometers 119, 129, 139, 149 for measuring processing chambers 112, 122, 132, 142 through viewports (see Fig. 1 and paragraphs 0038-0043 for example);
US 2018/0149547 to Ramirez discloses a desorption device 200 for absorbing molecules from a chamber wall of process chamber 108, the desorption device including several LEDs 208 mounted on a substrate 202 (see Figs. 1 and 2);
US 2018/0057935 to Budiarto et al. discloses endpoint detection for a chamber cleaning process where spectrometer 160 is located outside of the chamber 100 in which the process takes place (see Fig. 1); and
WO 2020/142451 to Albarede et al. discloses a device for monitoring process wall depositions and coatings featuring a light source and a detector on opposite sides of transparent windows to measure adsorbed films on the windows (see abstract and Fig. 3A).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Michael A. Lyons whose telephone number is (571)272-2420. The examiner can normally be reached Monday - Friday.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michelle Iacoletti can be reached at 571-270-5789. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Michael A Lyons/Primary Examiner, Art Unit 2877 August 31, 2026
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