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 .
DETAILED ACTION
Claims 1-20 are pending in this application, which is a CON of Serial Number 17/869139, now US Patent 12,341,042; which is a DIV of Serial Number 16/657841, now US Patent 11,742,231.
Specification
The disclosure is objected to because of the following informalities listed below.
Appropriate correction is required.
In paragraph 0001, the lineage should be updated to reflect maturation into a US Patent.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 2-4 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.
In claim 2 line 2, from which claim 3 depends, the phrase “tilting the workpiece holder in response to …” is deemed confusing and/or lacks antecedent basis as the phrase has not been previously mentioned (emphasis underlined).
In claim 4 line 2, the terms “first and second temperatures of the heater” lack antecedent basis. There is support for a temperature of a heating coil.
In claim 4 line 2, the term “the tilt” lacks antecedent basis.
In claim 4 line 3, the term “the holder” lacks antecedent basis. It is assumed that this term refers to the workpiece holder.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,341,042. Although the claims at issue are not identical, they are not patentably distinct from each other because adjusting is a broader term than tilting and thus an obvious variation.
Chu teaches “a method, comprising: supporting a workpiece on a workpiece holder within a material deposition chamber; rotating the workpiece holder; tilting the workpiece holder in response to an output of a determination circuit; controlling a temperature of the workpiece; and depositing a material on the workpiece, wherein controlling a temperature of the workpiece includes: providing a heater on the workpiece holder, the heater having a first zone, a second zone, and a third zone on a first surface of the heater; tuning the first zone to a first temperature by a first heating coil in the first zone: tuning the second zone to a second temperature different from the first temperature by a second heating coil in the second zone; and tuning the third zone to a third temperature different from the first temperature and the second temperature by a third heating coil in the third zone, wherein the first zone is located on a center of the first surface of the heater, the second zone is arranged to surround the first zone along a circumference of the first zone, the third zone is arranged to surround the second zone along a circumference of the second zone, and the second zone is between the first zone and the third zone from a plan view” (claim 1) which is similar to pending claim 1. The claimed term “tilting” is one form of adjusting and this is an obvious variation.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRET CHEN whose telephone number is (571)272-1417. The examiner can normally be reached M-F 8:30-8:30 MT.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Gordon Baldwin can be reached at (571) 272-5166. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BRET P CHEN/Primary Examiner, Art Unit 1718 09/16/2026
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