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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.O. Box 1450
`Alexandria, Virginia 22313-1450
`www.uspto.gov
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`APPLICATION NO. ATTORNEY DOCKET NO.}|CONFIRMATIONNO.FIRST NAMED INVENTOR
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`
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`05/14/2003
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`Daniel L. Flamm
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`‘
`5963
`10/439,245
`Daniel L, Flamm
`(amen
`a moe|EXAMINER
`
`;
`EXAMINER
`476 Green View Drive
`ALANKO,ANITA KAREN
`Walnut Creek, CA 94596
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`ART UNIT
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`PAPER NUMBER
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`1765
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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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`Thetimeperiodforreply,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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`Application No.
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`Applicant(s)
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`Office Action Summary
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`10/439,245
`Examiner
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`Anita K.Alanko
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`FLAMM, DANIEL
`Art Unit
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`1765 P|
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`6) CO Other:
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`Priority under 35 U.S.C. § 119
`12)L] Acknowledgmentis made ofa claim for foreign priority under 35 U.S.C. § 119(a)-(d) or(f).
`a)LJAll b)(] Some * c)L] Noneof:
`1.1] Certified copies of the priority documents have been received.
`2.1) Certified copies of the priority documents have been received in Application No.
`3.0) Copiesofthe certified copies of the priority documents have been receivedin this National Stage
`application from the International Bureau (PCT Rule 17.2(a)).
`* See the attached detailed Office actionfor a list of the certified copies not received.
`
`-- The MAILING DATEof this communication appears on the cover sheet with the correspondence address--
`Period for Reply
`A SHORTENED STATUTORY PERIOD FOR REPLYIS 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 underthe provisions of 37 CFR 1.136(a).
`In no event, however, may a reply betimely filed
`after SIX (6) MONTHS from the mailing date of this communication.
`If NO period for reply is 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).
`Anyreply received by the Office later than three months after the mailing date of this communication, evenif timely filed, may reduce any
`earned patent term adjustment. See 37 CFR 1.704(b).
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`Status
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`1) Responsive to communication(s) filed on 20 November 2006.
`2a)X) This action is FINAL.
`2b)_] This action is non-final.
`3) Since this application is in condition for allowance exceptfor formal matters, prosecution as to the merits is
`closed in accordance with the practice under Ex parte Quayle, 1935 C.D. 11, 453 O.G. 213.
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`Disposition of Claims
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`4)X] Claim(s) 56-98, 100-104 and 106-117 is/are pending in the application.
`4a) Of the aboveclaim(s)
`is/are withdrawn from consideration.
`5) Claim(s) 56-62,64-98, 100-104, 106-108 and 110-117 is/are allowed.
`6)—X] Claim(s) 63 is/are rejected.
`7) Claim(s) 109 is/are objected to.
`8)C) Claim(s)
`are subject to restriction and/or election requirement.
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`Application Papers
`9)(J The specification is objected to by the Examiner.
`10)] The drawing(s)filed on
`is/are: a)[_) accepted or b)] objected to by the Examiner.
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121(d).
`1)C Theoath or declaration is objected to by the Examiner. Note the attached Office Action or form PTO-152.
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`Attachment(s)
`1) S| Notice of References Cited (PTO-892)
`2) L] Notice of Draftsperson’s Patent Drawing Review (PTO-948)
`3) J Information Disclosure Statement(s) (PTO/SB/08)
`Paper No(s)/Mail Date
`.
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`4) Oo Interview Summary (PTO-413)
`Paper No(s)/Mail Date.___
`5) L] Notice of Informal Patent Application
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`U.S, Patent and Trademark Office
`PTOL-326 (Rev. 08-06)
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`Office Action Summary
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`.
`Part of Paper No./Mail Date 20070121
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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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`Whentwoclaimsin an application are duplicatesor else are so close in content that they both
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`cover the samething,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 U.S.C. 112:
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`The specification shall conclude with one or more claimsparticularly pointing out and distinctly claiming the
`subject matter which the applicant regards as his invention.
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`Claim 63is rejected under 35 U.S.C. 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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`boundsofthe 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 ofordinaryskill 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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`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 overcomethe rejection(s) under 35
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`U.S.C. 112, 2nd paragraph,set forth in this Office action and to includeall of the limitations of
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`the base claim and anyintervening 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, 1* 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, 2"! 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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`Thepriorart 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 maybeinherent, there is no teaching to predetermine a
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`temperature change andinterval of time, and based onthat, to select the thermal massofthe
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`substrate holder. As to claim 70, JP 59-076876 does not teach changingthe 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 (page6, 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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`Theprior art rejections over Tsubone are withdrawn. Applicant’s point is well taken that
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`Tsubone doesnot 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, Tsubonefails to disclose a substrate holder temperature sensor.
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`Rather, Tsubonehas a substrate temperature sensor 28. There is no motivation to add an extra
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`sensor that Tsubone doesnot 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 theystill apply.
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`Claim 63 remainsrejected under 35 USC 112 becauseofthe term “substantially.”
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`Applicant argues that a specific embodimentdefines the term to “within one degree Celsius.” In
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`response, an example of what comprises “substantially” is not the sameasa clear and distinct
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`definition, and therefore the metes and boundsofthe claim are unclear. The definition provided
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`in the specification may be addedto the claim to overcometherejection.
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`Examiner notes that new claim text (new with respectto 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 thatall errors (i.e., amendments) occurred without deceptive
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`intent.
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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 amendmentnecessitated 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 shortenedstatutory period for reply to this final action is set to expire THREE
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`MONTHSfrom the mailing date of this action. In the eventa first reply is filed within TWO
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`MONTHS ofthe mailing date of this final action and the advisory action is not mailed until after
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`the end of the THREE-MONTHshortened 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 MONTHSfrom the date of this
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`final action.
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`Anyinquiry concerning this communication or earlier communications from the
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`examinershould be directed to Anita K. Alanko whose telephone numberis 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 examinerby telephone are unsuccessful, the examiner’s
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`supervisor, Nadine Norton can be reached on 571-272-1465. The fax phone numberfor the
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`organization wherethis application or proceeding is assigned is 703-872-9306.
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`Application/Control Number: 10/439,245
`Art Unit: 1765
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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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`maybe obtained from either Private PAIR or Public PAIR. Status information for unpublished
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`applications is available through Private PAIR only. For more information about the PAIR
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`system, see http://pair-direct.uspto.gov. Should you have questions on accessto the Private PAIR
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`system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free).
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`Anita K Alanko
`Primary Examiner
`Art Unit 1765
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`