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 .
This Office Action acknowledges the applicant’s amendment filed on 7/15/2026. Claims 1-3, 6, 8-10 and 18-19 are pending in the application. Claims 4-5, 7 and 11-17 are cancelled.
The text of those sections of Title 35, U.S. code not included in this action can be found in a prior Office Action.
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 6 is 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.
Claim 6 is considered indefinite because it depends on a canceled claim 14. For examination purposes it will be assumed the claim should depend from claim 1.
Claim 6 recites the limitation "the retention means" in the second line of the claim. There is insufficient antecedent basis for this limitation in the claim. A retention means was not previously recited in the claim from which it depends.
Claim Rejections - 35 USC § 102
Claim(s) 1-2, 6 and 18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by HIRAYANAGI NORIYUKI JP 2005-032886 A.
With regards to claim 1 HIRAYANAGI NORIYUKI discloses a clamping device 20 comprising: an upper clamping element 21 (with fasteners 25 and elastic elements 31) and a lower clamping element 23 (with fasteners 25 and elastic elements 33), wherein the upper and the lower clamping elements are configured to be attachable to one another (with fasteners 25), wherein the clamping device only partially covers the article.
HIRAYANAGI NORIYUKI discloses the frame can hold a mask that includes a reticle, therefore, it is capable of accommodating two or more EIP components between them and the upper and the lower clamping elements, accommodating the two or more EIP components between them, are configured to immobilize the two or more components of the EIP and the reticle relative to one another, depending on the two or more EIP components to be held. Since such a limitation is considered an intended use because the EIP is not positively claimed.
With regards to claim 2, HIRAYANAGI NORIYUKI discloses further configured to act upon a retention means of the article (with 31 and 33), the retention means being configured to immobilize the reticle therein, when acted upon from outside the article, to immobilize the reticle within the article.
The clamping device of HIRAYANAGI NORIYUKI is capable of acting upon a retention means of the EIP, the retention means being configured to immobilize the reticle therein, when acted upon from outside the EIP, depending on the EIP and its components to be held. Since such a limitation is considered an intended use because the EIP is not being positively claimed.
With regards to claim 6, HIRAYANAGI NORIYUKI discloses one clamping element 31 (spring material) comprises actuators configured to act upon the retention means, when the clamping device is attached to the article.
See claim 1, for the intended use recitation of the EIP.
With regards to claim 18, HIRAYANAGI NORIYUKI discloses a clamping device 20 comprising one clamping element with one, two or more fixation means (with fasteners 25 and elastic elements 31/33), wherein the fixation means are biased towards a closed position and are configured to be moved into an open position, wherein the clamping device is configured to be attachable to the article, when the fixation means are in the open position and to immobilize the article relative to one another, when the fixation means are in the closed position and to only partially cover the EIP.
HIRAYANAGI NORIYUKI discloses the frame can hold a mask that includes a reticle, therefore, it is capable of being configured to be attachable to an EIP, when the fixation means are in the open position and to immobilize the two or more EIP components and the reticle relative to one another, depending on the two or more EIP components to be held. Since such a limitation is considered an intended use because the EIP and its components are not positively claimed.
Claim Rejections - 35 USC § 103
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over HIRAYANAGI NORIYUKI JP 2005-032886 A.
With regards to claim 3, HIRAYANAGI NORIYUKI discloses the claimed invention as stated above but it does not specifically disclose at least 75%,80%, 90%, 95% or 99% of metallic materials with respect to its mass and/or volume.
It would have been obvious to one having ordinary skill in the art at the time the invention was made to have the clamping device have at least 75%, 80%, 90%, 95% or 99% of metallic materials with respect to its mass and/or volume., since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. See MPEP 2144.07
Claim(s) 8-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over HIRAYANAGI NORIYUKI JP 2005-032886 A in view of KU et al. US 2012/0018347 A1.
With regards to claim 8, HIRAYANAGI NORIYUKI discloses sensors but it does not specifically disclose a logging element 30/35 comprising one or more components including an information carrying element configured for identification of the clamping device, a temperature sensor, a pressure sensor, a concentration sensor, configured to detect or measure a concentration of one or more chemical substances in an atmosphere surrounding the clamping device, and/or an acceleration sensor, wherein the logging element is configured to store and/or make available information generated using the one or more components of the logging element. (Para. 0024-0030)
However, KU teaches it was known in the art to have a clamping device include a logging element comprising one or more components including an information carrying element configured for identification of the clamping device, a temperature sensor, a pressure sensor, a concentration sensor, configured to detect or measure a concentration of one or more chemical substances in an atmosphere surrounding the clamping device, and/or an acceleration sensor, wherein the logging element is configured to store and/or make available information generated using the one or more components of the logging element.
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 clamping device in HIRAYANAGI NORIYUKI by providing logging element as taught by KU for the purposes of transmitting information regarding the inner container.
With regards to claim 9, HIRAYANAGI NORIYUKI discloses a storage system comprising a clamping device according to claim 1, but it does not specifically disclose an EUV inner pod (EIP), wherein the EIP is configured to accommodate an EUV reticle; and comprises two or more components and retention means configured to immobilize the reticle when acted upon from outside the EIP; and wherein the clamping device is attachable to the EIP to immobilize the two or more components relative to one another and act upon the retention means.
However, KU discloses an EUV inner pod (EIP) , wherein the EIP is configured to accommodate an EUV reticle; and comprises two or more components 20/21 and retention means 301 configured to immobilize the reticle when acted upon from outside the EIP; and wherein the clamping device is attachable to the EIP to immobilize the two or more components relative to one another and act upon the retention means.
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 clamping device in HIRAYANAGI NORIYUKI by providing an EIP as taught by KU for the purposes of providing an alternative type of inner pod to store.
With regards to claim 10, HIRAYANAGI NORIYUKI does not specifically disclose having an envelope volume of less than 130%,120%, 110% or 105% of an envelope volume of the EIP.
It would have been obvious to one having ordinary skill in the art at the time the invention was made to have the envelope volume of less than 130%, 120%, 110%, 105% or less than 100% of an envelope volume of an EIP, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. See MPEP 2144.05 Please note that in the instant application, page 3, lines 48-49, applicant has not disclosed any criticality for the claimed limitations.
Claim(s) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over HIRAYANAGI NORIYUKI JP 2005-032886 A.
With regards to claim 19, HIRAYANAGI NORIYUKI discloses a clamping device 20 comprising one clamping element with one, two or more fixation means (with fasteners 25 and elastic elements 31/33), wherein the fixation means are biased towards a closed position and are configured to be moved into an open position, wherein the clamping device is configured to be attachable to the article, when the fixation means are in the open position and to immobilize the article relative to one another, when the fixation means are in the closed position and to only partially cover the EIP.
HIRAYANAGI NORIYUKI discloses the frame can hold a mask that includes a reticle, therefore, it is capable of being configured to be attachable to an EIP, when the fixation means are in the open position and to immobilize the two or more EIP components and the reticle relative to one another, depending on the two or more EIP components to be held. Since such a limitation is considered an intended use because the EIP and its components are not positively claimed.
HIRAYANAGI NORIYUKI does not specifically disclose having an envelope volume of less than 130%,120%,110%,105% or less than 100% of an envelope volume of an EIP to which the clamping device is attachable.
It would have been obvious to one having ordinary skill in the art at the time the invention was made to have the envelope volume of less than 130%, 120%, 110%, 105% or less than 100% of an envelope volume of an EIP to which the clamping device is attachable, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. See MPEP 2144.05 Please note that in the instant application, page 3, lines 48-49, applicant has not disclosed any criticality for the claimed limitations.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-3, 6, 8-10 and 18-19 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.
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 JENINE SPICER whose telephone number is (313)446-4924. The examiner can normally be reached 9:00am-5:00pm, Monday-Thursday.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Orlando E. Avilés can be reached at (571) 270-5531. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/JENINE SPICER/Examiner, Art Unit 3736
/ORLANDO E AVILES/Supervisory Patent Examiner, Art Unit 3736
