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 of Species I (drawn to “A first species in which a substrate fixing device comprises a power supply terminal according to Figures 1 and 2”) in the reply filed on 11/18/2025 was previously acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Claims 7 and 8 were withdrawn (and still are) from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking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 11/18/2025.
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, 2, 6, and 9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Takebayashi (U.S. PG Publication No. 2023/0223245 A1).
Claim 1: Figure 1 of Takebayashi shows a substrate fixing device (10) comprising a base plate (30) and an electrostatic chuck (20) that is fixed on the base plate (30). Attention is now directed to Figure 3 of Takebayashi. As can be seen therein, a first through hole (81), which has upper (81a) and lower hole portions (81b), penetrates the base plate (30) from an upper surface thereof to a bottom surface thereof in a thickness direction. Please be advised that Figure 3 further shows a recess (821) being provided in a lower surface of the electrostatic chuck (20) and communicating with the first through hole (81). Next, attention is again directed to Figure 1. As can be seen therein, an electrode (27) is built into the electrostatic chuck (20).
Figures 1 and 3 show the substrate fixing device (10) as further comprising a power supply terminal (82 or 82+86) inserted into the first through hole (81) and electrically connected to the electrode (27) exposed from the recess (821). The substrate fixing device (10) of Takebayashi also has a tubular insulating member (84) (see Figures 1 and 3) inserted into the first through hole (81) and surrounding an outer periphery of the power supply terminal (82 or 82+86). It is noted that the
tubular insulating member (84) is formed to surround an entire outer peripheral surface of a portion of the power supply terminal (82 or 82+86) disposed inside the first through hole (81).
Figures 1 and 3 of Takebayashi further show the tubular insulating member (84) as being formed to extend over an entire length of the first through hole (81) in the axial direction such that the tubular insulating member (84) extends from the upper surface of the base plate (30) to the bottom surface of the base plate (30). Also, be advised that the tubular insulating member (84) is a single member.
Next, regardless as to whether the power supply terminal (82 or 82+86) is considered to just be element 82 or instead the combination of elements 82 and 86, a bottom surface of said power supply terminal (82 or 82+86) is provided above the bottom surface of the base plate (30). This can be seen in each of Figures 1 and 3.
Lastly, please be advised that the tubular insulating member (84) comprises upper (84a) and lower pipe portions (84b). As it pertains to the lower pipe portion (84b) of Takebayashi, it (84b) includes a protruding portion protruding downward from the bottom surface of the power supply terminal (82 or 82+86). This can be seen in Figure 3.
Claim 2: As can best be seen in Figure 3 of Takebayashi, the tubular insulating member (84) is formed to fill a gap between the entire outer peripheral surface of the portion of the power support terminal (82 or 82+86) and an inner peripheral surface of the first through hole (81).
Claim 6: Figures 1 and 3 of Takebayashi show an adhesive layer (40) bonding the base plate (30) and the electrostatic chuck (20). As can be seen on the following page in annotated Figure 3 of Takebayashi, a second through hole penetrates the adhesive layer (40) in a thickness direction, wherein said second through hole is formed to communicate with the first through hole (81) and to communicate with the recess (821).
As can also be seen in annotated Figure 3 of Takebayashi, said power support terminal (82 or 82+86) is inserted into the second through hole, and the tubular insulating member (84) is also inserted into the second through hole. Please be advised that the upper pipe portion (84a) of the tubular insulating member (84) is formed to surround an entire outer peripheral surface of a portion of the power supply terminal (82 or 82+86). Lastly, the tubular insulating member (84) is formed to extend over an entire length of the second through hole in the axial direction.
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Claim 9: Please be advised that claim 9 is rejected with respect to the interpretation in which the power supply terminal (82+86) is considered to be the combination of elements 82 and 86.
Figures 1 and 3 of Takebayashi show the power supply terminal (82+86) as including an electrode terminal (82) bonded to the electrode (27).
Next, Figure 6 shows a louver (86) of the power supply terminal (82+86) as comprising a tubular conductive member (86a) and a coupling member (86b). Figure 3 of Takebayashi shows the tubular conductive member (86a) as being provided at a position not overlapping the electrode terminal (82). Please note the gap that is disposed (with respect to the lateral direction)
between the electrode terminal (82) and the tubular conductive member (86a). This gap, which can be seen in Figure 3, is indicative of said tubular conductive member (86a) being provided at a position not overlapping the electrode terminal (82). Be advised the electrode terminal (82) is electrically connected to a socket (85) [paragraph 0035] via the tubular conductive member (86a).
As to the coupling member (86b), it is formed as a plurality of strip members (86b) [paragraph 0046]. Noting this, Figures 3 and 6 show the coupling member (86b) as coupling the electrode terminal (82) to the tubular conductive member (86a).
Lastly, at least at opposing end portions thereof, the coupling member (86a) extends obliquely with respect to the axial direction of the first through hole (81). For Applicant’s reference, Examiner has zoomed in on and has annotated a portion of Figure 3 of Takebayashi so as to point to the opposing end portions thereof extending obliquely with respect to the axial direction of the first through hole (81).
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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.
Claims 4 and 5 are rejected under 35 U.S.C. 103 as being unpatentable over Takebayashi (U.S. PG Publication No. 2023/0223245 A1) in view of Japan Publication No. (JP 6475031 B2) (hereinafter after JP '031).
Please be advised that an EPO Machine Translation of JP '031 is relied upon below.
Claim 4: Takebayashi does not provide disclosure upon the substrate fixing device (10) as further comprising, “an insulating film covering an entire inner surface of the first through hole [81].”
Figures 1 and 2 of JP '031 though, show therein a substrate fixing device (1) comprising a base plate (12) having a first through hole (124), on which is formed an anodic oxide film (125) [EPO Machine Translation, paragraph 0049]. As can be seen within Figure 2 of JP '031, the anodic oxide film (125), which is an electrical insulator, covers an entire inner surface of the first through hole (124). Be advised that disposed within the base plate (12) is a power supply terminal (51+52+53) around which is disposed a tubular insulating member (61+62+63). Thus, JP '031 discloses a substrate fixing device (1), which comprises each of a first insulating means in the form of the tubular insulating member (61+62+63) and a second insulating means in the form of the anodic oxide film (125).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the entire inner surface of the first through hole (81) of Takebayashi to have an anodic oxide film (125) formed thereon as is disclosed by JP '031, so as to provide the substrate fixing device (10) of Takebayashi with the advantage of enhanced electrical insulation between the base plate (30) and the power supply terminal (82 or 82+86) of Takebayashi. This is because by forming the anodic oxide film (125) on the entire inner surface of the first through hole (81) of Takebayashi, the modified substrate fixing device (10) comprises each of a first insulating means with the tubular insulating member (84) and a second insulating means with the anodic oxide film (125). Based on the foregoing, the modified substrate fixing device (10) with its anodic oxide film (125) comprises “an insulating film covering an entire inner surface of the first through hole [81].”
Claim 5: Figure 3 of Takebayashi shows a silicone adhesive layer (88) covering the entire inner surface of the first through hole (81) and filling a gap between the entire inner surface and the tubular insulating member (81). Please note that the silicone adhesive layer (88) is an adhesive that bonds the base plate (30) and the tubular insulating member (81).
Noting the above, as was stated within the rejection of claim 4, the modified substrate fixing device (10) of Takebayashi has an anodic oxide film (125) (as is disclosed by JP '031) formed on the entire inner surface of the first through hole (81) of Takebayashi. Please be advised that because the anodic oxide film (125) is formed by anodizing, the anodic oxide film (125) is necessarily formed directly on the entire inner surface of the first through hole (81). Thus, due to this anodizing process, in the modified substrate fixing device (10), the adhesive/silicone adhesive layer (88) is deposited on the entire surface of the anodic oxide film (125) rather than deposited on the inner surface of the first through hole (81) (like what is shown in Figure 3 of Takebayashi).
Therefore, the silicone adhesive layer (88) is formed to fill a gap between the insulating film/anodic oxide film (125) and the tubular insulating member (84). Lastly, as can also be seen in Figure 3 of Takebayashi¸ the silicone adhesive layer (88) further fills a gap between the power supply terminal (82 or 82+86) and the tubular insulating member (81).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-5, 6, and 9 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Allowable Subject Matter
Claim 10 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
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 Michael Vitale whose telephone number is (571)270-5098. The examiner can normally be reached Monday - Friday 8:30 AM- 6:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Sunil K Singh can be reached at (571) 272-4502. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MICHAEL VITALE/Examiner, Art Unit 3722
/SUNIL K SINGH/Supervisory Patent Examiner, Art Unit 3722
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