Prosecution Insights
Last updated: April 19, 2026
Application No. 17/756,129

EUV RETICLE STOCKER AND METHOD OF OPERATING THE SAME

Non-Final OA §102§103
Filed
May 18, 2022
Examiner
SPICER, JENINE MARIE
Art Unit
3736
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Brooks Automation (Germany) GmbH
OA Round
3 (Non-Final)
51%
Grant Probability
Moderate
3-4
OA Rounds
3y 5m
To Grant
69%
With Interview

Examiner Intelligence

Grants 51% of resolved cases
51%
Career Allow Rate
380 granted / 749 resolved
-19.3% vs TC avg
Strong +18% interview lift
Without
With
+18.4%
Interview Lift
resolved cases with interview
Typical timeline
3y 5m
Avg Prosecution
54 currently pending
Career history
803
Total Applications
across all art units

Statute-Specific Performance

§101
0.2%
-39.8% vs TC avg
§103
40.1%
+0.1% vs TC avg
§102
27.2%
-12.8% vs TC avg
§112
27.1%
-12.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 749 resolved cases

Office Action

§102 §103
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 5/12/2025. Claims 1-17 are pending in the application. Claims 11-17 are withdrawn from consideration. 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 § 102 Claim(s) 1-2, 4-6 and 8-9 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by KU et al. US 2013/0126378 A1, previously cited. With regards to claim 1, KU discloses a clamping device 32 for an EUV inner pod (EIP), the EIP comprising: two or more components 20/22 and containing an EUV reticle 9, wherein the clamping device is configured to immobilize the two or more components of the EIP and the reticle relative to one another; and to only partially cover the EIP. With regards to claim 2, KU discloses further configured to act upon a retention means 40 of the EIP, the retention means being configured to immobilize the reticle therein, when acted upon from outside the EIP, to immobilize the reticle within the EIP. With regards to claim 4, KU discloses an upper clamping element 32 and a lower clamping element 30, wherein the upper and the lower clamping elements are configured to be attachable to one another while accommodating the two or more EIP components between them. With regards to claim 5, KU discloses one clamping element 32/40 with one, two or more fixation means, 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 an EIP, when the fixation means are in the open position and to immobilize the EIP components and the reticle relative to one another, when the fixation means are in the closed position. With regards to claim 6, KU discloses one clamping element 32/40 comprises actuators configured to act upon the retention means, when the clamping device is attached to the EIP. With regards to claim 8, KU discloses further comprising a logging element 70 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. With regards to claim 9, KU discloses a storage system comprising a clamping device 32 according to claim 1, and an EUV inner pod (EIP), wherein the EIP is configured to accommodate an EUV reticle; and comprises two or more components 20/22 and retention means 40 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. Claim Rejections - 35 USC § 103 Claim(s) 3, 7 and 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over KU et al. US 2013/0126378 A1, previously cited. With regards to claim 3, KU 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. In re Leshin, 125 USPQ 416. With regards to claims 7 and 10, KU discloses an envelope to hold the EIP but it 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, 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. In re Aller, 105 USPQ 233. Response to Arguments Applicant's arguments filed 5/12/2025 have been fully considered but they are not persuasive. The Applicant argues the reference Ku does not disclose “a clamping device configured to "immobilize the two or more components of the EIP and the reticle relative to one another; and to only partially cover the EIP.". The Examiner respectfully disagrees. Ku discloses a clamping device with 32 that is attached to outer cover 12, that connects to outer cover 10, to enclose the inner container. The outer cover 10 includes openings to allow drainage of the device, therefore, the EIP, would not be entirely covered, and would therefore meet the claimed limitation. Conclusion THIS ACTION IS MADE FINAL. 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 PAGAN 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 PAGAN/Examiner, Art Unit 3736 /ORLANDO E AVILES/Supervisory Patent Examiner, Art Unit 3736
Read full office action

Prosecution Timeline

May 18, 2022
Application Filed
Feb 07, 2025
Non-Final Rejection — §102, §103
May 12, 2025
Response Filed
Aug 23, 2025
Final Rejection — §102, §103
Dec 23, 2025
Response after Non-Final Action
Jan 27, 2026
Request for Continued Examination
Feb 19, 2026
Response after Non-Final Action
Apr 04, 2026
Non-Final Rejection — §102, §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12589918
CONTAINER SYSTEM
2y 5m to grant Granted Mar 31, 2026
Patent 12583660
SHOCK ABSORBER AND PACKAGING SYSTEM
2y 5m to grant Granted Mar 24, 2026
Patent 12565375
SUBSTRATE LOADING STATION
2y 5m to grant Granted Mar 03, 2026
Patent 12540022
PROTECTIVE APPARATUS AND TRANSPORT APPARATUS
2y 5m to grant Granted Feb 03, 2026
Patent 12517425
RETICLE ENCLOSURE FOR LITHOGRAPHY SYSTEMS
2y 5m to grant Granted Jan 06, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
51%
Grant Probability
69%
With Interview (+18.4%)
3y 5m
Median Time to Grant
High
PTA Risk
Based on 749 resolved cases by this examiner. Grant probability derived from career allow rate.

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