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 1-20 are objected to because of the following informalities:
Regarding claim 1, in line 7, “…in the hot tank to second temperature…” should read --…in the hot tank to a second temperature…--.
Regarding claims 2-8 and 18-19, the claims are objected to by virtue of their dependency on claim 1.
Appropriate correction is required.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102:
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.
Claims 1, 9 and 17-18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Koltonski (US 2019/0348306).
Regarding claim 1, Koltonski discloses:
an apparatus (130) for thermal control of a wafer (110) (figs. 1 and 3) [par. 0001], the apparatus (130) comprising:
a fluid [par. 0013];
a plate (106) configured to control a temperature of the wafer (110) placed on it using the fluid [par. 0012-0013];
a cool tank (212) and a hot tank (232) configured to store the fluid (fig. 3) [par. 0013];
a cooling device (214) configured to cool the fluid in the cool tank (212) to a first temperature below a first threshold (fig. 3) [par. 0033];
a heating device (242) configured to heat the fluid in the hot tank (232) to second temperature above a second threshold [par. 0037];
an exit switch valve (the combination of 226 plus 227 plus 238 plus 239) configured to control a direction of the fluid coming out of the plate (106) (fig. 3) [par. 0035 and 0039];
an input switch valve (the combination of 251 plus 252) configured to control a direction of the fluid going into the plate (106) (fig. 3) [par. 0042];
a first fluid line (231) disposed between the exit switch valve (226 plus 227 plus 238 plus 239) and the hot tank (233), and configured to fluidly connect the exit switch valve (226 plus 227 plus 238 plus 239) and the hot tank (233) (fig. 3);
a second fluid line (211) disposed between the exit switch valve (226 plus 227 plus 238 plus 239) and the cool tank (212), and configured to fluidly connect the exit switch valve (226 plus 227 plus 238 plus 239) and the cool tank (212) (fig. 3);
a third fluid line (through pump 234) disposed between the hot tank (233) and the input switch valve (251 plus 252, at 252), and configured to fluidly connect the hot tank (233) and the input switch valve (at 252) (fig. 3) [par. 0042 and 0038];
a fourth fluid line (through pump 222) disposed between the cool tank (212) and the input switch valve (251 plus 252, at 251), and configured to fluidly connect the cool tank (212) and the input switch valve (at 251) (fig. 3) [par. 0042 and 0034];
a pump (222, 234) configured to pump the fluid into the plate (106) (fig. 3) [par. 0034 and 0038]; and
a controller (270) electrically coupled to the exit switch valve (226 plus 227 plus 238 plus 239) and the input switch valve (251 plus 252), configured to control an opening state of the exit switch valve (226 plus 227 plus 238 plus 239) and the input switch valve (251 plus 252) (fig. 3) [par. 0035 and 0039].
Regarding claim 9, Koltonski discloses:
an apparatus (130) for thermal control of a wafer (110) (figs. 1 and 3) [par. 0001], the apparatus (130) comprising:
a fluid [par. 0013];
a plate (106) configured to control a temperature of the wafer (110) placed on it using the fluid [par. 0012-0013];
a cool tank (212) and a hot tank (232) configured to store the fluid (fig. 3) [par. 0013];
a cooling device (214) configured to cool the fluid in the cool tank (212) to a first temperature below a first threshold (fig. 3) [par. 0033];
a heating device (242) configured to heat the fluid in the hot tank (232) to second temperature above a second threshold [par. 0037];
an exit switch valve (the combination of 226 plus 227 plus 238 plus 239) configured to control a direction of the fluid coming out of the plate (106) (fig. 3) [par. 0035 and 0039];
an input switch valve (the combination of 251 plus 252) configured to control a direction of the fluid going into the plate (106) (fig. 3) [par. 0042];
a first fluid line (231) disposed between the exit switch valve (226 plus 227 plus 238 plus 239) and the hot tank (233), and configured to fluidly connect the exit switch valve (226 plus 227 plus 238 plus 239) and the hot tank (233) (fig. 3);
a second fluid line (211) disposed between the exit switch valve (226 plus 227 plus 238 plus 239) and the cool tank (212), and configured to fluidly connect the exit switch valve (226 plus 227 plus 238 plus 239) and the cool tank (212) (fig. 3);
a third fluid line (through pump 234) disposed between the hot tank (233) and the input switch valve (251 plus 252, at 252), and configured to fluidly connect the hot tank (233) and the input switch valve (at 252) (fig. 3) [par. 0042 and 0038];
a fourth fluid line (through pump 222) disposed between the cool tank (212) and the input switch valve (251 plus 252, at 251), and configured to fluidly connect the cool tank (212) and the input switch valve (at 251) (fig. 3) [par. 0042 and 0034];
a first pump (234) configured to pump the fluid in the hot tank (232) into the plate (106) (fig. 3) [par. 0038];
a second pump (222) configured to pump the fluid in the cool tank (212) into the plate (106) (fig. 3) [par. 0034];
a controller (270) electrically coupled to the exit switch valve (226 plus 227 plus 238 plus 239) and the input switch valve (251 plus 252), configured to control an opening state of the exit switch valve (226 plus 227 plus 238 plus 239) and the input switch valve (251 plus 252) (fig. 3) [par. 0035 and 0039].
Regarding claim 17, Koltonski discloses:
the controller (270) further electrically coupled to the first pump (234) and the second pump (222), further configured to control an operating state of the first pump (234) and the second pump (222) [par. 0034, 0038 and 0042], and wherein the controller (270) further configured:
to control the input switch valve (251 plus 252) to open the third fluid line (the line through pump 234, fig. 3) and the exit switch valve (226 plus 227 plus 238 plus 239) to open the first fluid line (231) for a heated fluid circulation [par. 0035, 0039 and 0042], and
to control the input switch valve (251 plus 252) to open the fourth fluid line (the line through pump 222, fig. 3) and the exit switch valve (226 plus 227 plus 238 plus 239) to open the second fluid line (211) for a cooled fluid circulation [par. 0035, 0039 and 0042].
Regarding claim 18, Kioltonski discloses:
the controller (270) further configured:
wafer to control the input switch valve (251 plus 252) to open the third fluid line (the line through pump 234, fig. 3) and the exit switch valve (226 plus 227 plus 238 plus 239) to open the first fluid line (231) for a heated fluid circulation [par. 0035, 0039 and 0042], and
to control the input switch valve (251 plus 252) to open the fourth fluid line (the line through pump 222, fig. 3) and the exit switch valve (226 plus 227 plus 238 plus 239) to open the second fluid line (211) for a cooled fluid circulation [par. 0035, 0039 and 0042].
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103:
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.
Claims 2-3 and 10-11 are rejected under 35 U.S.C. 103 as being unpatentable over Koltonski in view of Futakuchiya et al. (US 2025/0210408, herein “Futakuchiya”).
Regarding claims 2 and 10, Koltonski discloses:
the plate (106) further comprising a fluid path (between supply piping 132 and return piping 134, seen in fig. 1), and the fluid path being a long continuous route (seen in fig. 1), and
wherein a first end of the fluid path and a second end of the fluid path are exposed to an outside of the plate (106) (at connection with supply piping 132 and return piping 134, seen in fig. 1).
Koltonski does not disclose:
the plate comprising a first portion and a second portion, and the fluid path being engraved on the first portion and being a long continuous route without overlapping, and
the first portion and the second portion being configured to seal the fluid path.
Futakuchiya, also directed to a cooling plate (100) configured to control a temperature of a semiconductor wafer placed on it (figs. 1-3) [par. 0002, 0049 and 0057], teaches that a cooling plate (100) comprising a first portion (110) and a second portion (120), wherein the first portion (110) is provided with a fluid path (112) through which a cooling fluid flows [par. 0055], wherein the fluid path (112) is engraved on the first portion (110) and being a long continuous route without overlapping (best seen in fig. 2), and wherein the first portion (110) and the second portion (120) are configured to seal the fluid path (112) [par. 0056], is old and known in the art. Therefore, it would have been obvious to one of ordinary skill in the art to simply substitute one known element for another to obtain predictable results. See MPEP-2143 (I) (B). In the instant case, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to simply substitute the cooling plate of Koltonski for the cooling plate of Futakuchiya to obtain the predictable result of optimizing manufacturing and/or maintenance processes, according to the user’s needs. Further, it has been held that constructing a formerly integral structure in various elements involves only routine skill in the art. Nerwin v. Erlichman, 168 USPQ 177, 179. In this instance, dividing the plate into two or more parts for ease of maintenance and/or manufacturing and according to the user’s needs, would have been obvious. Furthermore, it has been held that changing the shape of an old device is a matter of design choice which involves only routine skill in the art. MPEP 2144.04, section IV, part A.
Regarding claims 3 and 11, the combination of Koltonski and Futakuchiya discloses:
an input path (Koltonski, 132, fig. 3) disposed between the input switch valve (Koltonski, 251 plus 252, fig. 3) and the first end (12a) of the fluid path (Futakuchiya, 12, fig. 2), and configured to fluidly connect the input switch valve (Koltonski, 251 plus 252, fig. 3) and the first end (12a) of the fluid path (Futakuchiya, 12, fig. 2) (upon modification); and
an output path (Koltonski, 134, fig. 3) disposed between the second end (12b) of the fluid path (Futakuchiya, 12, fig. 2) and the exit switch valve (Koltonski, 226 plus 227 plus 238 plus 239, fig. 3), and configured to fluidly connect the second end (12b) of the fluid path (Futakuchiya, 12, fig. 2) and the exit switch valve (Koltonski, 226 plus 227 plus 238 plus 239, fig. 3) (upon modification).
Claims 4 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Koltonski and Futakuchiya, in view of Nagayama (US 2026/0196451).
Regarding claims 4 and 12, the combination of Koltonski and Futakuchiya does not disclose:
a first bonding disposed at the first end of the fluid path and configured to seal a contact area of the first end of the fluid path and the input path; and
a second bonding disposed at the second end of the fluid path and configured to seal a contact area of the second end of the fluid path and the output path.
Following the definition of “first bonding” and “second bonding” of the instant specification, the Examiner takes Official Notice of seals or gaskets for their use in cooling systems pipes to prevent coolant from leaking particularly between coolant pipes and mating surfaces, like between coolant pipes (132, 134) and plate (106) of Koltonski. Further, Nagayama, also directed to a cooling plate (12) configured to control a temperature of a semiconductor wafer (W) placed on it (figs. 11-12) [par. 0158], teaches that sealing members (116) disposed at a first and second ends of a fluid path (12h) and configured to seal a contact area of the first and second ends of the fluid path (12h) and the respective input and output paths (seen in fig. 12) are old and known in the art [par. 0134].
Claims 5-6 and 13-14 are rejected under 35 U.S.C. 103 as being unpatentable over Koltonski in view of Iwabuchi (US 2006/0231027).
Regarding claims 5 and 13, Koltonski does not disclose:
a first portion and a second portion and a fluid pipe, wherein the fluid pipe is a long continuous route covering the plate, and
wherein a first end of the fluid pipe and a second end of the fluid pipe are exposed to an outside of the plate, and the fluid pipe is disposed between the first portion and the second portion.
The design of a cooling plate comprising first and second portions and a fluid channel or a fluid pipe disposed between the first and second portions is considered an obvious design choice, wherein a person of skill in the art, before the effective filing date of the claimed invention, would design the cooling plate comprising a fluid pipe disposed between portions of the cooling plate for the purpose of optimizing heat transfer according to specific user’s requirements. Iwabuchi, for instance, also directed to a cooling plate (115) configured to control a temperature of a semiconductor wafer (G) placed on it (fig. 10) [abstract], teaches that a cooling plate (115) comprising a first portion (115b) and a second portion (115a) and a fluid pipe (180), wherein the fluid pipe (180) is a long continuous route covering the plate (115), and wherein a first end of the fluid pipe (180) and a second end of the fluid pipe (180) are exposed to an outside of the plate (115) necessary to complete the refrigerant cycle of the coolant flowing through the pipe, known in the art), and the fluid pipe (115) is disposed between the first portion (115b) and the second portion (115a) [par. 0106], is old and known in the art. It would have been an obvious matter of design choice to have the cooling plate comprising first and second portions and a fluid pipe disposed between the first and second portions, since the arrangement of the fluid pipe disposed between the portions of the cooling plate doesn't change the cooling plate’s function and applicant has not disclosed that having a fluid pipe disposed between portions of the cooling plate solves any stated problem or is for any particular purpose and it appears that the invention would perform equally well having the cooling plate arranged in other manners. Further, it has been held that constructing a formerly integral structure in various elements involves only routine skill in the art. Nerwin v. Erlichman, 168 USPQ 177, 179. In this instance, dividing the plate into two or more parts for ease of maintenance and/or according to the user’s needs, would have been obvious. Furthermore, it has been held that changing the shape of an old device is a matter of design choice which involves only routine skill in the art. MPEP 2144.04, section IV, part A.
Regarding claims 6 and 14, the combination of Koltonski and Iwabuchi discloses:
an input path (Koltonski, 132, fig. 3) disposed between the input switch valve (Koltonski, 251 plus 252, fig. 3) and the first end of the fluid pipe (Iwabuchi, 180, fig. 10), and configured to fluidly connect the input switch valve (Koltonski, 251 plus 252, fig. 3) and the first end of the fluid pipe (Iwabuchi, 180, fig. 10) (upon modification); and
an output path (Koltonski, 134, fig. 3) disposed between the second end of the fluid pipe (Iwabuchi, 180, fig. 10) and the exit switch valve (Koltonski, 226 plus 227 plus 238 plus 239, fig. 3), and configured to fluidly connect the second end of the fluid pipe (Iwabuchi, 180, fig. 10) and the exit switch valve (Koltonski, 226 plus 227 plus 238 plus 239, fig. 3) (upon modification).
Claims 7 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Koltonski and Iwabuchi, in view of Nagayama.
Regarding claims 7 and 15, the combination of Koltonski and Iwabuchi does not disclose:
a first bonding disposed at the first end of the fluid pipe and configured to seal a contact area of the first end of the fluid pipe and the input path; and
a second bonding disposed at the second end of the fluid pipe and configured to seal a contact area of the second end of the fluid pipe and the output path.
Following the definition of “first bonding” and “second bonding” in the instant specification, the Examiner takes Official Notice of seals or gaskets for their use in cooling systems pipes to prevent coolant from leaking particularly between coolant pipes and mating surfaces, like between coolant pipes (132, 134) and plate (106) of Koltonski. Further, Nagayama, also directed to a cooling plate (12) configured to control a temperature of a semiconductor wafer (W) placed on it (figs. 11-12) [par. 0158], teaches that sealing members (116) disposed at a first and second ends of a fluid path (12h) and configured to seal a contact area of the first and second ends of the fluid path (12h) and the respective input and output paths (seen in fig. 12) are old and known in the art [par. 0134].
Claims 8 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Koltonski and Iwabuchi, in view of Lavochkin (WO 97/15801A1).
Regarding claims 8 and 16, the combination of Koltonski and Iwabuchi does not disclose:
a filler configured to fill in a space between the first portion, the second portion and the fluid pipe.
The use of a thermal interface material (88) to fill in spaces between a coolant fluid pipe (84) disposed in a cooling plate (82) and the cooling plate (82) for the purpose of optimizing contact interface between the components and increase heat transfer, is old and known in the art, as taught by Lavochkin (fig. 10) [page 6, line 18 – page 7, line 3]. It would have been obvious to one of skill in the art, before the effective filing date of the claimed invention, to have a thermal interface material filler arranged in a space between the cooling plate (Koltonski, 106) and the fluid pipe (Iwabuchi, 180), as taught by Lavochkin, in order to optimize the contact interface and increase conduction heat transfer between the components.
Claims 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Koltonski and Futakuchiya, in view of Johnson et al. (US 6,740,853, herein “Johnson”).
Regarding claims 19-20, MPEP 2114 II clearly states “Apparatus claims cover what a device is, not what a device does" and “A claim containing a ‘recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus’ if the prior art apparatus teaches all the structural limitations of the claim.” Because Claims 19-20 fail to further limit the apparatus in terms of structure, but rather only recite further functional limitations, regarding the “a boiling point of the fluid being above a third threshold temperature” limitation, the invention as taught by Koltonski is deemed fully capable of performing such function.
The combination of Koltonski and Futakuchiya does not disclose:
the first portion and the second portion being black-anodized, and
a thickness of the plate being equal to or less than 15 mm.
Johnson, also directed to a cooling plate (152) configured to control a temperature of a substrate wafer (190) placed on it (figs. 1A-2) [Abstract], teaches that the cooling plate may be fabricated from aluminum for high thermal conductivity and clad with materials that accommodate the specific process [col. 21, line 66 – col. 22, lines 2]. Further, it is old and known in the art that aluminum is a material suitable to be black anodized and the election of a known material based on its suitability for its intended use involves only routine skill in the art. MPEP 2144.07.
Johnson also teaches that the actual shape of cooling sections (cooling plate) is determined so as to match the thermal characteristics of the substrate wafer to be cooled [col. 18, lines 59-61] and alludes to a cooling plate thickness of 10mm [col. 18, lines 51-55]. Therefore, it would have been obvious to one of skill in the art, before the effective filing date of the claimed invention, to design the cooling plate of Koltonski with a thickness of equal to or less than 15mm to optimize heat transfer, since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. (MPEP 2144.05, Section II).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GUSTAVO A HINCAPIE SERNA whose telephone number is (571)272-6018. The examiner can normally be reached 9am-5:30pm.
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/JENNA M MARONEY/Primary Examiner, Art Unit 3763
/GUSTAVO A HINCAPIE SERNA/Examiner, Art Unit 3763
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