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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 4/8/2026 has been entered.
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, and 8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kuno et al. (U.S. PG Publication No. 2024/0105428 A1).
Claim 1: Figure 1 of Kuno et al. shows therein an electrostatic chuck (10) comprising a dielectric substrate (20) including a placement surface (22a) on which an object (W) that is to be attracted is placed. Next, Figure 1 shows the electrostatic chuck (10) as further comprising a base plate (30). According to Kuno et al. though, the base plate (30) may be replaced by the base plate (430) that is illustrated in Figure 9 [paragraph 0052]. For the sake of discussion, Examiner will consider the base plate (430) of Figure 9 to be the one that the electrostatic chuck (10) comprises.
As can be seen in Figure 9, the base plate (430) is joined to the dielectric substrate (20) and has formed therein a coolant flow path (36, 32, 38). Regarding the coolant flow path (36, 32, 38), it includes each of a first flow path (38) and a second flow path (32), these flow paths (32, 38) being connected in series to each other.
Regarding the second flow path (32), as can be seen in Figure 9 of Kuno et al., it (32) is positioned closer to the dielectric substrate (20) than the first flow path (38) is when viewed from a direction extending perpendicular to a plane in which the placement surface (22a) extends. Next, Figure 9 shows the base plate (430) as including a first member (82) and a second member (83+85+81+84) that is joined to the first member (82), said second member (83+85+81+84) is positioned closer to the dielectric substrate (20) than the first member (82) is when viewed from the direction extending perpendicular to the plane in which the placement surface (22a) extends.
As to the first flow path (38), it (38) corresponds to the coolant medium discharge path [paragraph 0026], is formed in the first member (82), and is formed by a first groove extending in a surface of the first member (82) facing the second member (83+85+81+84), a surface of the second member (83+85+81+84) facing the first groove.
Be advised that for Applicant’s reference, Figure 9 of has been annotated and provided on the following page so as to point to the surface of the first member (82) facing the second member (83+85+81+84), and so as to also point to the surface of the second member (83+85+81+84) facing the first groove.
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Next, with regards to the second flow path (32), it (32) is formed in the second member (83+85+81+84), and is formed by a second groove (88+85a+86+84a) extending in the surface of the second member (83+85+81+84). As can be seen above in annotated Figure 9 of Kuno et al., said second groove (88+85a+86+84a) comprises first (86) and third passage portions (88), and further comprises a pair of through grooves (84a, 85a). Noting this, it is at through groove 84a thereof that the second groove (88+85a+86+84a) extends “in the surface” of the second member (83+85+81+84). Lastly, as can be seen up above in annotated Figure 9 of Kuno et al., the surface of the first member (82) faces the second groove (88+85a+86+84a).
Claim 2: First, regarding the second flow path (32), it includes an inlet (32a) and outlet (32b). Next, with regards to the electrostatic chuck (10), note that it (10) has an outer circumferential side that is narrower at the second member (83+85+81+84) as compared to at the first member (82).
Noting this, as can be seen below in annotated Figure 9 of Kuno et al., when viewed from the direction extending perpendicular to the plane in which the placement surface (22a) extends, it can be seen that the second flow path (32) is positioned closer to the outer circumferential side of the electrostatic chuck (10) than the first flow path (38) is. Please note that this is denoted below in annotated Figure 3 with length L1 being less than length L2.
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Claim 8: As was stated above in the rejection of claim 1, the base plate (430) includes each of the first member (82) and the second member (83+85+81+84). It is between the first member (82) and a metal joining layer (84) of the second member (83+85+81+84) that a “bonding boundary” is located. Thus, the base plate (430) includes a bonding boundary at which the first member (82) and the second member (83+85+81+84) are joined to each other.
As can be seen in Figure 9, the first flow path (38) is formed entirely below the bonding boundary, whereas the second flow path (32) is formed entire above said bonding boundary.
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.
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Kuno et al. (U.S. PG Publication No. 2024/0105428 A1) in view of WIPO Publication No. WO 2024/224444A1 (hereinafter WO '444).
Please be advised that WO '444 was previously cited by Examiner on the PTO-892 that mailed on 9/11/2025. Noting this, a previously provided machine translation of WO '444 is relied upon below.
Please be advised that the effective filing date of the claimed invention is 5/20/2025. Noting this, since the publication date of WO '444 is 10/31/2024, WO '444 is currently available to Examiner as prior art under 35 U.S.C. 102(a)(1) and under 35 U.S.C. 103. Even if Applicant was to perfect the right of priority though by providing a translation of the priority application such that the effective filing date of the claimed invention is instead 5/21/2024, WO '444 would remain available as prior art to Examiner under 35 U.S.C. 102(a)(2) and under 35 U.S.C. 103, since WO '444 has an effectively filed date of 4/24/2023.
Claim 3: First, regarding the second flow path (32), it includes an inlet (32a) and outlet (32b). Next, as can be seen in Figure 9 of Kuno et al., the first flow path (38) is connected to the second flow path (32) at its outlet (32b). Kuno et al. though, does not disclose “a part” as connecting the first flow path (38) and the second flow path (32), wherein the part “extends in a direction inclined relative to the plane in which the placement surface extends.”
WO '444 though, shows in Figure 4 an electrostatic chuck (10) comprising a coolant flow path (32) in which a part (38) connects a first flow path (37) and a second flow path (36) in said coolant flow path (32). Noting this, the part (38), according to WO '444, connects the first and second flow paths (36, 37) “by providing inclined portions such that the upper and lower bases gradually change” [Machine Translation, page 7, lines 7-10]. With the part (38) providing inclined portions, said part (38) extends in a direction inclined to a placement surface (22a).
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 connected the second flow path (32) of Kuno et al. at the outlet (32b) thereof to the corresponding first flow path (38) of Kuno et al. with the part (38) of WO '444, so as to provide a gradual change within the base plate (430) of Kuno et al. in transitioning from the first (38) to the second flow path (32) and vice-versa.
Claims 4 and 5 are rejected under 35 U.S.C. 103 as being unpatentable over Kuno et al. (U.S. PG Publication No. 2024/0105428 A1).
Claims 4 & 5: First, please be advised that Kuno et al. discloses that a width dimension (W) of the second flow path (32) is not constant throughout the length of the second flow path (32) but varies. By varying the width dimension (w) of the second flow path (32) in accordance with the distribution of high-temperature-prone and low-temperature-prone regions of the placement surface (22a), the thermal uniformity in the object (W) can be improved [paragraph 0045].
Please also be advised that a height dimension of the second flow path (32) can also be varied by altering distance d1 (see Figure 1). Noting this, distance d1 is not constant throughout the length of the second flow path (32) [paragraph 0026]. Moreover, note that distance d1 is set in accordance with distribution of high-temperature-prone and low-temperature-prone regions of the object (W) that tend to be higher and lower, respectively, in temperature during use of the electrostatic chuck (10) [paragraph 0026]. Be advised that if d1 is lengthened, for example, the result is the height dimension of the second flow path (32) being reduced.
Kuno et al. though, does not disclose “a width dimension of the second path” (at least in one section of the second flow path (32) along the length thereof) being “larger than a height dimension of the second flow path” (claim 4). Based on the foregoing, Kuno et al. does not disclose “the width dimension of the second flow path is five or more times greater than the height dimension of the second flow path” (claim 5) (at least in one section of the second flow path (32) along the length thereof). (Please note that neither claim 4 nor claim 5 requires the entire length of the claimed second flow path to have, for example, a constant width dimension. Likewise, neither claim 4 nor claim 5 of the pending claim set requires the entire length of the claimed second flow path to have, for example, a constant height dimension).
However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to cause the width dimension (w) of the second flow path (32) of Kuno et al. to be “five or more times greater than” the height dimension of the second flow path (32) of Kuno et al. (at least in one section of the second flow path (32) along the length thereof) since it has been held that “where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device” Gardner v. TEC Syst., Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 SPQ 232 (1984). In the instant case, the electrostatic chuck (10) of Kuno et al. would not operate differently with the width dimension (w) of the second flow path (32) being five or more times greater than the height dimension of the second flow path (32) of Kuno et al. in at least one section of the length of the second flow path (32), since in the at least one section of the length of the second flow path (32), heat exchange between the object (W) and a cooling medium flowing through the second flow path (32) would still be facilitated. Further, Applicant places no criticality on the range claimed, indicating simply that when “the width dimension of the coolant flow path 500 becomes five or more times the height dimension, the coolant performance in the above-described part may be sufficient increased. When the width dimension of the coolant flow path 500 becomes six or more times the height dimension, the coolant performance in the above-described part can be further increased” [paragraph 0045 of Applicant’s specification].
Response to Arguments
Please be advised that there aren’t any arguments for Examiner to respond to. In the last office action mailed on 1/22/2026, the claims were only rejected under 35 U.S.C. 112(b) and under 35 U.S.C. 112(a). In the current claim set filed on 4/8/2026 though, all of these rejections were overcome by Applicant’s amendments.
Conclusion
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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/MICHAEL VITALE/Examiner, Art Unit 3722
/SUNIL K SINGH/Supervisory Patent Examiner, Art Unit 3722
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