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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.0. Box I450
`Alexandria. Virginia 223134450
`www.uspto.gov
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`é\
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`APPLICATION NO.
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`FILING DATE
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`FIRST NAMED INVENTOR
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`ATTORNEY DOCKET NO.
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`CONFIRMATION NO.
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`l0/439.245
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`05/ I4/2003
`
`Daniel L. Flamm
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`-
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`5963
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`Dan.elL.Flamm _
`-
`”9°
`”mm
`476 Green View Drive
`ALANKO. ANITA KAREN
`Walnut Creek, CA 94596
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`PAPER NUMBER
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`ART UNIT
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`I765
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`MAIL DATE
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`05/30/2007
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`DELIVERY MODE
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`PAPER
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`Please find below and/or attached an Office communication concerning this application or proceeding.
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`The time period for reply, if any, is set in the attached communication.
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`PTOL-90A (Rev. 04/07)
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`

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`Office Action Summary
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`Application No.
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`Applicant(s)
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`10/439245
`Examine,
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`Anita K. Alanko
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`FLAMM, DANIEL
`Art Unit
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`1765 -
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`-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address --
`Period for Reply
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`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE 3 MONTH(S) OR THIRTY (30) DAYS,
`WHICHEVER IS LONGER FROM THE MAILING DATE OF THIS COMMUNICATION
`Extensions of time may be available under the provisions of 37 CFR 1.136(a) In no event however. may a reply be timerIfiled
`after SIX (6) MONTHS from the mailing date of this communication.
`If NO period for replyIs specified above, the maximum statutory period will apply and will expire SIX (6) MONTHS from the mailing date of this communication.
`-
`- Failure to reply within the set or extended period for reply will by statute cause the application to become ABANDONED (35 U. S. C § 133).
`Any reply received by the Office later than three months after the mailing date of this communication. even if timerIfiled. may reduce any
`earned patent term adjustment. See 37 CFR 1.704(b).
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`Status
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`08 Responsive to communication(s) filed on 20 November 2006.
`2mg] This action is FINAL.
`2b)I:I This action is non-final.
`3)[:l Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
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`closed in accordance with the practice under Ex parte Quayle, 1935 CD. 11, 453 0.6 213.
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`
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`Disposition of Claims
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`ME] Claim(s) 56-98 100-104 and 106-117 is/are pending in the application.
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`4a) Of the above Claim(s) _ is/are withdrawn from consideration.
`QR] Claim(s) 56-62 64-98 100-104 106-108 and 110-117 is/are allowed.
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`(5)8] Claim(s) Q is/are rejected.
`DE Claim(s) m2 is/are objected to.
`8)[:] Claim(s)
`are subject to restriction and/or election requirement.
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`Application Papers
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`9)[] The specification is objected to by the Examiner.
`10)[j The drawing(s) filed on _ is/are:
`a)|_—_l accepted or b)[] objected to by the Examiner.
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`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
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`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121(d).
`1)[:| The oath or declaration is objected to by the Examiner. Note the attached Office Action or form PTO-152.
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`Priority under 35 U.S.C. § 119
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`12):] Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`b)l:] Some * c)l:] None of:
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`Certified copies of the priority documents have been received.
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`Certified copies of the priority documents have been received in Application No. __
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`Copies of the certified copies of the priority documents have been received in this National Stage
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`application from the International Bureau (PCT Rule 17.2(a)).
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`* See the attached detailed Office action for a list of the certified copies not received.
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`Attachment(s)
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`1) E Notice of References Cited (PTO-892)
`2) E] Notice of Draflsperson's Patent Drawing Review (PTO-948)
`3) D Information Disclosure Statement(s) (PTO/SB/OB)
`Paper No(s)/Mai| Date
`.
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`4) [:1 Interview Summary (PTO-413)
`Paper N°(S)/Ma|' Date. .—
`5) El Notice 0f Informal Patent Application
`6) C] Other:
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`US. Patent and Trademark Office
`PTOL-326 (Rev. 08-06)
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`Office Action Summary
`
`.
`Part of Paper No./MaII Date 20070121
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`

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`Application/Control Number: 10/439,245
`Art Unit: 1765
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`Page 2
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`Claim Objections
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`Claim 109 is objected to under 37 CFR 1.75 as being a substantial duplicate of claim 57.
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`When two claims in an application are duplicates or else are so close in content that they both
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`cover the same thing, despite a slight difference in wording, it is proper after allowing one claim
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`to object to the other as being a substantial duplicate of the allowed claim. See MPEP
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`§ 706.03(k).
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`Claim Rejections - 35 USC § 112
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`The following is a quotation of the second paragraph of 35 USC. 112:
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`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.
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`Claim 63 is rejected under 35 USC. 112, second paragraph, as being indefinite for
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`failing to particularly point out and distinctly claim the subject matter which applicant regards as
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`the invention.
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`The term “substantially” in claim 63 is a relative term which renders the metes and
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`bounds of the claim indefinite. The term "high" is not defined by the claim, the specification
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`does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the
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`art would not be reasonably apprised of the scope of the invention. It is unclear which values of
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`temperatures are within the range of being “substantially” equal.
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`Allowable Subject Matter
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`Claims 56-62, 64-98, 100—104, 106-108, 110-117 are allowed.
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`

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`Application/Control Number: 10/439,245
`Art Unit: 1765
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`Page 3
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`Claim 63 would be allowable if rewritten to overcome the rejection(s) under 35
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`U.S.C. l 12, 2nd paragraph, set forth in this Office action and to include all of the limitations of
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`the base claim and any intervening claims.
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`Response to Amendment
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`The objection to the specification, rejection of claim 109 under 35 USC 251, and
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`rejection of claim 109 under 35 USC 112, 15‘ paragraph are withdrawn since the “in a controlled
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`manner” and “before” have been deleted from the claims.
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`The rejection of claims 57, 68 and 103 under 35 USC 112, 2nd paragraph is withdrawn
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`since “heat transfer means” has been deleted, proper basis for “plurality of heating elements” has
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`been added and “high” has been deleted.
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`The prior art rejections over JP 59-076876 are withdrawn. Applicant’s point is well
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`taken that JP 59-076876 does not teach selecting a thermal mass based on a predetermined
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`temperature change and specified interval of time for processing, as in the context of claim 56.
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`Although such a thermal mass may be inherent, there is no teaching to predetermine a
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`temperature change and interval of time, and based on that, to select the thermal mass of the
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`substrate holder. As to claim 70, JP 59-076876 does not teach changing the substrate
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`temperature by using a measured wafer temperature. Rather, JP 59-076876 changes temperature
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`based on the thickness that has been processed (page 6, lines 1-2). As to claim 94, JP 59-076876
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`fails to disclose a substrate holder temperature sensor. There is no motivation to provide one
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`since the substrate holder temperature is not used to control the process.
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`Application/Control Number: 10/439,245
`Art Unit: 1765
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`Page 4
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`The prior art rejections over Tsubone are withdrawn. Applicant’s point is well taken that
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`Tsubone does not teach heating, as in the context of claim 70. Rather, Tsubone has cooling. As
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`to claims 80, 94, 100 and 104, Tsubone fails to disclose a substrate holder temperature sensor.
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`Rather, Tsubone has a substrate temperature sensor 28. There is no motivation to add an extra
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`sensor that Tsubone does not use for process control since the substrate holder is maintained at
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`the same temperature during processing.
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`Response to Arguments
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`Applicant's arguments filed 11/20/06 have been fully considered but they are not
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`persuasive to the extent they still apply.
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`Claim 63 remains rejected under 35 USC 1 12 because of the term “substantially.”
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`Applicant argues that a specific embodiment defines the term to “within one degree Celsius.” In
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`response, an example of what comprises “substantially” is not the same as a clear and distinct
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`definition, and therefore the metes and bounds of the claim are unclear. The definition provided
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`in the specification may be added to the claim to overcome the rejection.
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`Examiner notes that new claim text (new with respect to the issued patent) should be
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`underlined. The text of claims 99 and 105 should not be presented. In addition, a supplemental
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`oath should be submitted stating that all errors (i.e., amendments) occurred without deceptive
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`intent.
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`

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`Application/Control Number: 10/439,245
`Art Unit: 1765
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`Page 5
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`Conclusion
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`Applicant's amendment necessitated the new ground(s) of rejection presented in this
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`Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a).
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`Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
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`A shortened statutory period for reply to this final action is set to expire THREE
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`MONTHS from the mailing date of this action. In the event a first reply is filed within TWO
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`MONTHS of the mailing date of this final action and the advisory action is not mailed until after
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`the end of the THREE-MONTH shortened statutory period, then the shortened statutory period
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`will expire on the date the advisory action is mailed, and any extension fee pursuant to 37
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`CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event,
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`however, will the statutory period for reply expire later than SIX MONTHS from the date of this
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`final action.
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`Any inquiry concerning this communication or earlier communications from the
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`examiner should be directed to Anita K. Alanko whose telephone number is 571-272-1458. The
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`examiner can normally be reached on Mon-Fri until 2:30 pm (Wed until 11:30).
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`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
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`supervisor, Nadine Norton can be reached on 571-272-1465. The fax phone number for the
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`organization where this application or proceeding is assigned is 703-872-9306.
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`Application/Control Number: 10/439,245
`Art Unit: I765
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`Page 6
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`Information regarding the status of an application may be obtained from the Patent
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`Application Information Retrieval (PAIR) system. Status information for published applications
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`may be obtained from either Private PAIR or Public PAIR. Status information for unpublished
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`system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll—free).
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`Anita K Alanko
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`Primary Examiner
`Art Unit 1765
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`